Borough of Mountain Lakes, NJ
Morris County
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Table of Contents
Table of Contents

§ 245-7 Residential Zones R-AA, R-A, R-1 and R-2.

[Amended by Ord. No. 10-85; Ord. No. 11-85; Ord. No. 4-88; Ord. No. 17-98]
In the R-AA, R-A, R-1 and R-2 Zones, the following uses shall be permitted:
A. 
Permitted principal uses.
(1) 
Single-family detached dwellings.
(2) 
Public, private and church schools; playgrounds; parks; churches and similar places of worship; libraries; museums; and noncommercial recreation centers such as YMCAs.
(3) 
Any municipally owned or operated building, other structure, facility or use.
B. 
Permitted accessory uses.
(1) 
Accessory uses customarily incident to a permitted use or to an authorized conditional use.
(2) 
Such accessory uses shall include garages, carports, sheds, toolhouses, pergolas, gazebos, boathouses, greenhouses, playhouses, private swimming pools, exterior air-conditioning units, exterior mechanical equipment and retaining walls. Fences are permitted only in accordance with § 245-15P. Play equipment shall be permitted as an accessory use upon all improved residential lots located within residential zones, provided that play equipment shall not be located closer to any street right-of-way line than the residence located on the lot; play equipment shall be set back by no less than 10 feet from any side, rear or lake lot line; and play equipment shall not exceed 12 feet in height, measured vertically from highest point.
[Amended 10-10-2000 by Ord. No. 24-2000]
(3) 
Those home occupations or professions that have no nonresident employees, no client visitors, show no visible external evidence of the occupation and have no other negative impact on the neighborhood. Such occupation shall be subject to the following conditions:
(a) 
The principal use of the property must be as a residence, with the amount of the property used for the home occupation limited to a maximum of 500 square feet or 1/3 of the square footage of all buildings on the property, whichever is smaller.
(b) 
The principal professional of any accessory home occupation shall reside on the premises.
(4) 
Family day-care homes as defined in N.J.S.A. 40:55D-66.5.[1]
[Added 6-28-1999 by Ord. No. 8-99]
[1]
Editor's Note: N.J.S.A. 40:55D-66.5 was repealed by L. 1998, c. 139. See now N.J.S.A. 40:55D-66.5b.
C. 
Conditional uses (see also § 245-16).
(1) 
Home occupations that do not meet the defined requirements of Subsection B(3) above, subject to the provisions of § 245-16. See also Schedule III.[2]
[2]
Editor's Note: Schedule III is included at the end of this chapter.
(2) 
Clubs, except clubs whose chief activity is a service carried on as a business and provided that any clubhouse or open terrace adjacent thereto, swimming area, handball, tennis, badminton and similar small games area or parking lot shall be located at least 50 feet from any residential lot line and provided that the use is such as not to create undue noise beyond the lot lines.
(3) 
Philanthropic or eleemosynary uses or institutions, but not including a hospital, halfway house, sanitarium, correctional institution, asylum or institution for mental health, or institution for infectious or contagious diseases.
(4) 
Child-care centers.

§ 245-8 Residential Zones RC-1, RC-2 and RC-3.

[Amended by Ord. No. 9-82; Ord. No. 14-92]
In the RC-1, RC-2 and RC-3 Zones, the following uses shall be permitted:
A. 
Permitted principal uses. Same as in § 245-7A.
B. 
Permitted accessory uses. Same as in § 245-7B.
C. 
Conditional uses.
(1) 
Same as in § 245-7C.
(2) 
Residential clustering subject to the restrictions and criteria in § 245-16F.
(3) 
Zero lot line developments subject to the conditions in § 245-16G.
(4) 
In the RC-3 Zones only, townhouses, subject to conditions and criteria stated in § 245-16F(1)(d), maximum number of lots; § 245-16F(2), Procedures for cluster development; § 245-16F(3), Location and use of open space; § 245-16F(4), Disposition of open space; and § 245-16H, Townhouse option of the RC-3 Zone; and other applicable criteria in the land use ordinances.

§ 245-9 Residential — Affordable Housing (R-AH) Zone.

[Added by Ord. No. 4-97; amended 4-25-2005 by Ord. No. 01-05]
The purpose of the R-AH Zone is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned housing development, in conformance with the Borough's approved Housing Element and Fair Share Plan and the regulations of this chapter governing affordable housing. In the R-AH Zone, the following uses shall be permitted:
A. 
Permitted principal uses. Single-family attached or multifamily dwellings in accordance with the provisions below and the development standards enumerated in Subsection C:
(1) 
A maximum of 47 dwelling units shall be permitted, of which at least eight units shall be set aside as affordable housing.
[Amended 12-17-2012 by Ord. No. 20-12]
(2) 
Units may be age-restricted in accordance with the Fair Housing Act, 42 USC 3601 et seq.; provided, however, that no more than four of the units affordable to low- and moderate-income households may be age-restricted.
(3) 
Dwellings constructed for low- and moderate-income households shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Article VI of this chapter.
(4) 
The development, phasing and marketing of all housing constructed for low- and moderate-income households shall be undertaken consistent with the rules and regulations of the New Jersey Council on Affordable Housing and the provisions of Article VI of this chapter.
B. 
Permitted accessory uses. Same as in § 245-7B, except that all accessory structures shall be designed to serve or be developed in relation to the entire development and shall be subject to site plan approval.
C. 
Development standards.
[Amended 12-17-2012 by Ord. No. 20-12]
Type
Requirement
Minimum tract size
8 acres
Minimum tract frontage and depth
100 feet
Minimum setbacks (principal buildings)
From public right-of-way
40 feet2
From side or rear perimeter property lines
25 feet
Minimum setbacks (accessory buildings)
From public right-of-way
40 feet
From side or rear perimeter property lines
25 feet
Maximum height
2 1/2 stories/35 feet3
Parking requirements
See N.J.A.C. 5:21-1.1 et seq. (Statewide Residential Site Improvement Standards) for total number of spaces to be provided. A minimum of one space per unit shall be provided in an enclosed garage. As to the low- or moderate-income units, there shall be no garage requirements.
On-site rights-of-way (ROW) and pavement widths
See N.J.A.C. 5:21-1.1 et seq.
Maximum floor area ratio (FAR)
30.5%1
Maximum improved coverage
34%
NOTES:
1
The maximum FAR shall be calculated based upon the gross area of the site located within the R-AH Zone prior to any right-of-way dedication for road widening purposes along Moms Avenue and/or Fanny Road.
2
An elevated deck attached to a townhouse shall be permitted to extend up to eight feet into the required minimum setback from the Fanny Road public right-of-way provided the floor area of the deck is less than 125 square feet and the deck is unroofed and unenclosed except for safety railings, and provided that the intervening yard area is effectively buffered by landscaping.
3
A maximum building height of three stories and 39 feet shall be permitted for market rate townhouses in buildings in which any portion of the building is within 150 feet of Morris Avenue or within 50 feet of Fanny Road. This extended height limit shall apply to a maximum of five buildings containing a maximum of 22 townhouse units.
D. 
Setbacks between buildings; setbacks to interior roads and parking areas. In reviewing a site plan for any development in the R-AH Zone, the Planning Board shall have authority to review and approve all setbacks between buildings and between buildings and interior roads, parking areas and other structures in order to ensure the preservation of adequate light, air and open space.
E. 
In site plan review process, the Planning Board shall also review consistency with the Master Plan requirements relating to the protection of environmental areas, particularly the Conservation Zone, and facilitation of pedestrian access to community resources.
F. 
Homeowners' association. If a homeowners' association is formed, it shall be approved in the manner stipulated in § 245-16H(7).
G. 
Affordable Housing Zone shall be exempt from measuring to existing (original) grades as defined in Chapter 40, § 40-3 under definitions for "Building height (residential zones)," "grade plane," and "story above grade." All measurements are to be from proposed grades.
[Added 6-12-2006 by Ord. No. 08-06]
H. 
Affordable Housing Zone shall be exempt from the "three-foot maximum change in average grade as measured along any wall of a building" requirement, as defined in Chapter 245 under Footnote 17 of Schedule I.
[Added 6-12-2006 by Ord. No. 08-06]
I. 
Each townhouse unit within the Affordable Housing Zone shall be considered a building for the purpose of measuring building height at street (residential zones), grade plane, and story above grade. Two or more units at similar floor elevations may be used to calculate the non-street frontage of building height.
[Added 6-12-2006 by Ord. No. 08-06]

§ 245-9.1 Residential — Affordable Housing 2 (R-AH2) Zone.

[Added 11-23-2015 by Ord. No. 12-15]
The purpose of the R-AH2 Zone is to provide a realistic opportunity for the construction of affordable housing as part of a comprehensively planned housing development, in conformance with the regulations of this chapter governing affordable housing. In the R-AH2 Zone, the following uses shall be permitted:
A. 
Permitted principal uses. Townhouses and multifamily dwellings in accordance with the provisions below and the development standards enumerated in Subsection C:
(1) 
All of the market rate dwellings shall be townhouse units.
(2) 
Affordable dwellings may be either townhouse or multifamily units.
(3) 
Fifteen percent of all dwelling units shall be set aside as affordable housing.
(4) 
Dwellings constructed for low- and moderate-income households shall be governed by deed restrictions ensuring long-term affordability controls in accordance with Article VI of this chapter.
(5) 
The development, unit distribution and marketing of all housing constructed for low- and moderate-income households shall be undertaken consistent with the rules and regulations of the New Jersey Council on Affordable Housing and the provisions of Article VI of this chapter, except that the construction of affordable housing shall be required to be undertaken upon completion and issuance of certificates of occupancy for 50% of the market rate units within the development.
B. 
Permitted accessory uses shall be the same as in § 245-7B, except that all accessory structures shall be designed to serve or be developed in relation to the entire development and shall be subject to site plan approval.
C. 
Development standards.
Type
Requirement
Minimum tract size
7 acres
Minimum frontage on a public or private street or other right-of-way providing access to the tract
50 feet
Minimum setbacks (principal buildings)*
From RC-3 zone boundary
50 feet
From any other tract boundary
25 feet
From internal access road
25 feet with sidewalks
22 feet without sidewalks
Minimum setbacks (accessory buildings)
Same as for principal buildings
Maximum height
3 stories/35 feet
Maximum density
5.5 dwelling units per gross acre; however, in no event shall the total number of dwellings exceed 40
Parking requirements
See N.J.A.C. 5:21-1.1 et seq. (Statewide Residential Site Improvement Standards) for total number of spaces to be provided. A minimum of one space per unit shall be provided in an enclosed garage for market rate units.
On-site rights-of-way (ROW) and pavement widths
See N.J.A.C. 5:21-1.1 et seq.
Maximum improved coverage
45%
NOTES:
*
Dwelling unit patios, decks, elevated decks, appurtenances such as railings or stairs, privacy fencing, HVAC units and pedestrian entrance structures such as stairs, pads, roof overhangs, walkways, and railings shall be permitted to extend no more than 10 feet into any required minimum setback. No such area shall be enclosed except for overhead decks, pedestrian entrance roof overhangs and safety railings. Extensions into required minimum setbacks shall be effectively buffered by landscaping.
D. 
Permitted slope disturbance. For the purpose of ensuring that there is sufficient area to reasonably accommodate the construction of townhouses/multifamily units while at the same time limiting the amount of disturbance within areas with slopes in excess of 15%, a slope disturbance analysis shall be included as part of the required submission. The slope analysis shall include the following information:
[Amended 9-12-2016 by Ord. No. 07-2016]
(1) 
A building area shall be depicted on the plans which shall be inclusive of all proposed buildings as well as the area extending 20 feet from the front of said building and 10 feet from the side and rear of said buildings. The building area shall be the sum total of the footprints in square feet of all proposed buildings and the associated areas extending therefrom as herein described.
(2) 
A tabulation of the land areas within the following slope categories on the entire tract:
(a) 
0% to 14.99%.
(b) 
15% to 24.99%.
(c) 
25% to 34.99%.
(d) 
35% or greater.
(3) 
A tabulation of the land areas in the above listed slope categories within the building area that are proposed to be disturbed.
(4) 
Calculations showing the land areas of disturbance of each slope category within the building area as compared to the land area of slopes in each category on the entire tract. The maximum allowable slope disturbances within the building area as a percentage of land area in each slope category on the entire tract shall be as set forth in the following table:
Slope Category
Maximum Slope Disturbance
0 to 14.99%
100%
25% to 34.99%
10%
35% or greater
5%
(5) 
Section 245-20C shall not apply in the R-AH2 Zone.
E. 
Homeowners' association. If a homeowners' association is formed, it shall be approved in the manner stipulated in § 245-16H(7).
F. 
The Affordable Housing 2 Zone shall be exempt from measuring to existing (original) grades as defined in Chapter 40, § 40-3, under definitions for "building height (residential zones)," "grade plane," and "story above grade". Measurements shall be from the first floor elevation at the front door entrance of each market rate or affordable townhouse unit to the midpoint of a sloped roof. If the affordable dwellings are multifamily units and not townhouses, then the measurement shall be from the average first floor elevation at the front of the building to the midpoint of a sloped roof.
G. 
The Affordable Housing 2 Zone shall be exempt from the "three-foot maximum change in average grade as measured along any wall of a building" requirement, as defined in Chapter 245 under Footnote 17 of Schedule I.
H. 
Multiple principal buildings are permitted, except that no more than six units shall be permitted within any building. Buildings shall be separated from other buildings by a minimum of 50 feet, except that side-to-side orientations of buildings shall be separated a minimum of 25 feet and side-to-rear orientations of buildings shall be separated by a minimum of 40 feet.
I. 
Section 245-15N shall not apply to development in the R-AH2 Zone. Variation shall be incorporated in building plans for and in the construction of groups of three townhouse units or more ("townhouse unit groups") to present variations in the elevation, design and appearance of the townhouse unit groups. Variation shall be achieved by differentiation in at least three of the design characteristics between townhouse unit groups on a group-by-group basis:
[Amended 3-4-2016 by Ord. No. 01-16]
(1) 
Building materials or color.
(2) 
Setbacks created by horizontal movement of front facade.
(3) 
Vertical stepping.
(4) 
Entryway or front doors.
(5) 
Garage door location or styling.
(6) 
Window treatments.
(7) 
Roof presentation and treatment.
J. 
Fences, only to the degree necessary for the health, safety, or welfare, shall be permitted, including within setbacks. Examples of such necessary fencing include fencing of decks, patios with dropoffs, steeply sloped areas, and detention basins.
[Amended 3-4-2016 by Ord. No. 01-16]

§ 245-10 Business Zone A.

[Amended by Ord. No. 10-92; Ord. No. 14-92; Ord. No. 22-96; Ord. No. 28-97]
In the A Zone, the following uses shall be permitted:
A. 
Permitted principal uses.
(1) 
Business or professional office or office building, including banks and other financial institutions.
(2) 
Restaurant and club, excluding drive-in restaurant.
(3) 
Retail business or service, excluding any business with outside storage or selling of gasoline, diesel fuel, propane, methane, natural gas or other potential aquifer pollutants (excluding items which are sold in their original sealed container); automotive service stations, repair shops or body shops; new car dealerships, used car storage or sales, motor vehicle and trailer rentals; dry-cleaning establishments; motels, hotels, tourist homes, boardinghouses, rooming houses or other similar or analogous uses, including trailer camps and camps.
(4) 
Child-care centers.
B. 
Permitted accessory uses.
(1) 
Any use or structure customarily incidental to a principal permitted use.
(2) 
Public and private parking.
(3) 
Signs. See § 245-17.
(4) 
Child-care centers.
C. 
Conditional uses.
(1) 
Sexually oriented establishments in accordance with the following standards:
(a) 
The establishment shall be located at least 500 feet from the boundary of any residential zone within the Borough of Mountain Lakes and from any existing and/or approved but not yet existing house of worship, day-care center and school.
(b) 
In order to avoid a concentration of sexually oriented establishments, such establishment shall be located at least 1,000 feet from any other existing and/or approved but not yet existing sexually oriented establishment.
(c) 
The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan.
(d) 
The building housing the sexually oriented establishment shall have a minimum front setback of 75 feet and a minimum side or rear setback of 25 feet. The building and associated parking area shall be surrounded by a perimeter landscape buffer of at least 20 feet in width, consisting of landscape plantings designed and installed to the satisfaction of the Planning Board.
(e) 
Every sexually oriented establishment shall be located in a single-occupant, freestanding building.
(f) 
No sexually oriented establishment shall be permitted in a building having a capacity to accommodate 50 or more occupants.
(g) 
Off-street parking requirements for a sexually oriented establishment are one space for every 200 square feet of gross floor area or portion thereof, plus one space for each employee, provided that a minimum of 10 parking spaces shall be provided.
(h) 
All other requirements of the Land Use Ordinance, including but not limited to the business zone requirements, shall be met.
D. 
Prohibited uses. The following uses are expressly prohibited:
(1) 
Sexually oriented establishments except as provided for in Subsection C above.

§ 245-11 Business Zone B.

[Amended by Ord. No. 10-92; Ord. No. 22-96]
In the B Zone, the following uses shall be permitted:
A. 
Permitted principal uses are the same as in § 245-10A ("Business Zone A") except that automobile service stations, dry cleaning establishments, motels, hotels and businesses using hazardous substances shall be excluded.
[Amended 3-24-2014 by Ord. No. 01-14]
B. 
Permitted accessory uses. Same as § 245-10B.
C. 
Conditional uses.
(1) 
Sexually oriented establishments in accordance with the following standards:
(a) 
The establishment shall be located at least 500 feet from the boundary of any residential zone within the Borough of Mountain Lakes and from any existing and/or approved but not yet existing house of worship, day-care center and school.
(b) 
In order to avoid a concentration of sexually oriented establishments, such establishment shall be located at least 1,000 feet from any other existing and/or approved but not yet existing sexually oriented establishment.
(c) 
The foregoing distance limitations shall be measured by a straight line drawn from the nearest point of the lot boundary on which the proposed use is to be located to the nearest point of the lot or district boundary, as the case may be, of the other use or district, and those uses, district boundary lines and dimensions shall be indicated on the submitted site plan.
(d) 
The building housing the sexually oriented establishment shall have a minimum front setback of 75 feet and a minimum side or rear setback of 25 feet. The building and associated parking area shall be surrounded by a perimeter landscape buffer of at least 20 feet in width, consisting of landscape plantings designed and installed to the satisfaction of the Planning Board.
(e) 
Every sexually oriented establishment shall be located in a single-occupant, freestanding building.
(f) 
No sexually oriented establishment shall be permitted in a building having a capacity to accommodate 50 or more occupants.
(g) 
Off-street parking requirements for a sexually oriented establishment are one space for every 200 square feet of gross floor area or portion thereof, plus one space for each employee, provided that a minimum of 10 parking spaces shall be provided.
(h) 
All other requirements of the Land Use Ordinance, including but not limited to the business zone requirements, shall be met.
(2) 
Hotels in accordance with the following standards:
[Added 3-24-2014 by Ord. No. 01-14]
(a) 
The minimum lot size shall be three acres.
(b) 
The maximum building height shall be five stories/60 feet.
(c) 
The minimum lot frontage along Route 46 shall be 300 feet.
(d) 
Ancillary facilities/amenities, including a restaurant/lounge, meeting facilities and ballroom space(s), shall be permitted.
D. 
Prohibited uses. The following uses are expressly prohibited:
(1) 
Sexually oriented establishments except as provided for in Subsection C above.

§ 245-12 Office and Light Industrial Zones OL-1 and OL-2.

[Amended by Ord. No. 10-92; Ord. No. 14-92]
In the OL-1 and OL-2 Zones, the following uses shall be permitted:
A. 
Permitted principal uses.
(1) 
Business, professional or service offices and establishments, banks and other financial institutions. Retail and wholesale activities and businesses using hazardous substances shall be excluded.
(2) 
Light manufacturing; processing of data and materials; storing, assembly or fabrication of goods and materials; printing and publishing; research. Businesses using hazardous substances as defined shall be excluded. Any use shall meet applicable performance standards.
(3) 
Child-care centers.
B. 
Permitted accessory uses.
(1) 
Any use or structure customarily incidental to a principal permitted use.
(2) 
Public and private parking.
(3) 
Signs. See § 245-17.
(4) 
Essential services.
(5) 
Child-care centers.
C. 
Conditional uses. See § 245-10C.

§ 245-13 Office, Light Industrial/R-1 Residential Overlay Zone OL-2/R-1.

[Added by Ord. No. 5-97; amended by Ord. No. 15-98]
A. 
Permitted principal and accessory uses. It is the intent within the OL-2/R-1 Zone to permit uses consistent with those permitted in the OL-2 Zoning District and to permit, as an alternative to OL-2 uses, the development of single-family detached homes on individual lots comprised of at least 10,000 square feet each. Permitted principal and accessory uses shall be as follows:
(1) 
All principal and accessory uses permitted in the OL-2 Zone; or
(2) 
As an alterative, single-family detached dwellings together with the accessory uses permitted in the R-1 Residential Zone.
B. 
Bulk and design requirements and standards.
(1) 
For office and light industrial uses, the bulk regulations, restrictions and requirements shall be the same as for the OL-2 Zone, as enumerated in Article V, Bulk Requirements, and all applicable schedules incorporated therein.
(2) 
For single-family detached dwellings, the bulk regulations, restrictions and requirements shall be the same as for the R-1 Zone, as enumerated in Article V, Bulk Requirements, and all applicable schedules incorporated therein, and the design development regulations, standards, restrictions and requirements, as enumerated in Chapter 102, Environmental Factors; Soil, Water and Trees, and Chapter 208, Subdivision of Land and Site Plan Review, of Code of the Borough of Mountain Lakes, except that with respect to Block 116, Lots 2 and 3.03, 13 lots shall be developed, subject to the following provisions which shall apply:
(a) 
Rights-of-way not less than 40 feet wide where the applicant for Block 116, Lots 2 and 3.03, owns or controls only one side of the property abutting the right-of-way.
(b) 
Radius of cul-de-sac no less than 43 feet.
(c) 
Maximum floor area ratio (FAR): 25%, excluding garages and basements.
(d) 
Up to four lots may have lot depths less than 100 feet. In no event shall any lot have a lot depth of less than 70 feet.
(e) 
Article III, Affordable Housing Overlay, of this chapter shall be satisfied through the developer's contribution of $52,000 toward funding the cost of the Borough's compliance plan, payable in three $17,333.34 installments within two days of the developer's receipt of each of the first three certificates of occupancy for lots in the proposed subdivision of the affected property.
(f) 
Chapter 102, Article V, Surface Water Management, of this Code shall be waived and detention shall not be required on the applicant's property where there exists expert testimony from a licensed professional engineer of the State of New Jersey that there is negligible downstream impact from the proposed development and, if pertinent, where the New Jersey State Department of Transportation has issued permits or approvals for the proposed development in accordance with the applicant's proposed management and disposal of such surface water and where other planning benefits, such as buffer, are retained or obtained as a result of the waiver.
(g) 
No additional or amended environmental impact study (EIS) shall be required where the number of lots sought to be approved as part of the subdivision of the applicant's property does not exceed the number of lots that has been the subject of any EIS previously submitted by the applicant in connection with an otherwise substantially similar subdivision application on the property within the past 24 months and where no substantial and material changes in the physical circumstances of the property have occurred in the interim that would reasonably require an updated EIS.
(h) 
Notwithstanding the provisions of § 208-9A(1)(b), no sidewalks shall be required for the development of the subdivision of the applicant's property.
(i) 
Chapter 102, Article VI, Groundwater Management, shall be amended as follows: The following sections shall not apply where the applicant's property is developed for single-family houses: §§ 102-30A, B(1), (2) and (3) and 102-31, except that § 102-30A shall apply only for building footprints.
(j) 
Subdivision plan sheets, sized 30 inches by 42 inches, may be submitted instead of sheets sized 24 inches by 36 inches in order to depict the entire subdivision plan of the applicant's property on one sheet.

§ 245-14 Conservation Zone C.

[Added by Ord. No. 16-88; amended by Ord. No. 5-97; 6-10-2002 by Ord. No. 06-02; 7-22-2002 by Ord. No. 17-02]
A. 
Conservation zones encompass certain Borough-owned parks and open space areas. It is intended that these areas be preserved as open space and be used for recreation and conservation of the following natural resources:
(1) 
Major existing or potential groundwater resources.
(2) 
Erosion-prone soils, especially in steep areas of 15% or more grade and where surface water sedimentation may occur.
(3) 
Ecologically important wetlands, which also serve as natural stormwater detention facilities.
(4) 
Woodlands which provide environmental and aesthetic benefits.
B. 
Conservation Zone C-1 includes all areas formerly designated as C Zone, except those portions now designated as Zone C-2 on the Zoning Map dated June 10, 2002.
(1) 
Permitted principal uses.
(a) 
Recreational uses that involve limited disturbance to the natural environment, including, but not limited to, walking, jogging, biking on designated biking trails, bird-watching, fishing, cross-country skiing, and sledding.
(b) 
Unpaved trails and puncheon-type boardwalks, approved by the Borough Council, and in accordance with the New Jersey Freshwater Wetlands Protection Act.
(2) 
Permitted accessory uses.
(a) 
Accessory uses normal and incidental to permitted principal uses, including signs, trash receptacles, benches and temporary or permanent structures as approved by the Borough Council.
C. 
Conservation Zone C-2 consists of areas as designated on the Zoning Map dated June 10, 2002.
(1) 
Permitted principal uses.
(a) 
All uses permitted in the C-1 Zone and recreational uses utilizing paved trails, playgrounds, tennis courts, athletic fields and other recreational facilities approved by the Borough Council.
(2) 
Permitted accessory uses.
(a) 
Accessory uses normal and incidental to permitted principal uses, including parking, signs, fences for safety, trash receptacles, benches and temporary or permanent structures, but excluding lighting except as allowed by Subsection C(2)(b) hereof, and sound systems except as allowed by Subsection C(2)(c) hereof as approved by the Borough Council.
(b) 
Lighting systems at Birchwood Lake and the Powerville tennis courts, lighting on walkways, parking areas and points of access, if necessary for safety.
(c) 
Amplified sound systems at the swimming area at Birchwood Lake and, if required for a specific event, wherever and whenever deemed appropriate by the Borough Council.
(3) 
Supplementary requirements for Conservation Zone C-2.
(a) 
To maintain Mountain Lakes' distinctive character and its blending of natural and man-made features, a natural vegetative buffer of 100 feet shall be provided between the edge of any land disturbance and contiguous residential properties. This natural vegetative buffer requirement shall not necessarily apply to uses and facilities existing prior to May 2002, but existing buffers of 100 feet or less must be preserved. Subsurface utilities may be located within buffer areas.

§ 245-15 Supplementary use regulations.

[Last amended by Ord. No. 3-97]
A. 
Conformance to regulations. See § 245-2.
B. 
Permit required. No building, structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished until a permit has been granted by the Construction Official. A construction permit shall be conditional until a foundation survey is made at the time the foundation is in place. At such time, the applicant shall submit an accurate foundation survey to the Construction Official for his review for compliance with the zoning regulations. This survey shall be sealed by a licensed surveyor and shall show the external dimensions of the foundation, the distances from its property lines and the elevation of the top of the foundation. Following his approval of the foundation survey, the Construction Official shall validate the permit for the completion of the building. A waiver of the requirement for a survey may be granted where the Construction Official is satisfied that the completed foundation meets the setback requirement.
C. 
Certificate of occupancy. No land or structure shall be occupied or used in whole or in part for any purpose until a certificate of occupancy shall have been issued by the Construction Official stating that the use and building therein specified, or either of them as the case may be, complies with all the provisions of these chapters. A new certificate of occupancy shall be required for a change of use of land or structure. A "change of use" shall mean a change from one specific use of land or structure as identified in this chapter to another such use. See also § 208-15, Approval.
D. 
Open lot sale, storage or display. No yard or any other open area of any lot shall be used for the sale, storage or display of merchandise, wares or personal property except as provided in Subsection E or F of this section or as noted under Subsection D(1), Exceptions, below. The use of tents for any sales event shall not be allowed. Storage shall include the use of tractor-trailers and closed rolloff or shipping containers but shall not include storage sheds, provided that all applicable zoning regulations are met.
(1) 
Exceptions.
(a) 
Garage sales, yard sales, house sales, estate sales and estate auctions, provided that all of the following conditions are met:
[1] 
Only the personal belongings and/or contents of the property owner's house are for sale.
[2] 
The sale event(s) do(es) not exceed a cumulative total of six days in a calendar year.
(b) 
Nonprofit organizations which are located in the Borough.
E. 
Automobile service stations. Automobile service stations shall be subject to the following regulations:
(1) 
No hammering, welding or painting repair work on cars shall be done, or other work of the type usually conducted by and at automobile body shops in repairing damaged motor vehicles.
(2) 
Any merchandise sold or kept for sale on the premises must be reasonably incident and accessory to the operation of an automobile service station.
(3) 
No outdoor or open display of merchandise or wares shall be permitted except as follows:
(a) 
Oil for use in servicing motor vehicles, provided that it is kept in cans neatly racked or stacked and provided that no such container shall exceed a capacity of five quarts.
(b) 
New tires for sale, provided that they are displayed in a single, floor-level rack containing not more than six new tires and located immediately adjacent to the main building.
(c) 
New storage batteries for sale, provided that they are displayed in a customary rack holding no more than six batteries and located immediately adjacent to the main building.
(4) 
All pumps and island shall be located a minimum of 35 feet from any lot or street line.
(5) 
All lifts, greasing racks and other similar equipment shall be within the building. The underground storage of petroleum products shall meet the most stringent federal and state codes, as applicable, to protect the Borough's groundwater resources. Gas, fuel and other oil tanks which have been in disuse for more than one year shall be reinspected and certified prior to reuse.
[Amended 9-14-2015 by Ord. No. 08-15]
(6) 
The minimum frontage requirement shall be 300 feet.
(7) 
Motor vehicles may be parked upon the lot but only insofar as reasonably incident and accessory to the operation of an automobile service station and only in such manner and location which neither interferes with ingress and egress to the premises nor creates any hazardous condition. No storage of motor vehicles, and no unsightly accumulation of vehicles or parts thereof, shall be permitted.
(8) 
No banners, pennants, moving or fixed display devices, or other items of an advertising nature shall be erected on the lot or affixed to the exterior of the building or any improvement on the lot, with the exception of signs authorized by § 245-17.
F. 
Parking of commercial vehicles. The daytime or overnight outdoor parking of any commercially licensed vehicle with a gross vehicle weight in excess of 6,000 pounds shall be prohibited in any residential zone except in the course of normal business with residents of the area.
G. 
Hazardous use of buildings or land.
(1) 
No building or land shall be used and no building or structure shall be erected, constructed, reconstructed, altered or repaired which is arranged, intended or designed for any trade, business or use that is hazardous or potentially hazardous to health or safety or which uses hazardous substances or potentially hazardous substances, or that is noxious or offensive by reason of the emission of odor, vapor, gas, dust, smoke, toxic or corrosive fumes, noise, vibration, heat, glare or flashes of light, radiation or objectionable waste, effluent or pollutants.
(2) 
No open area on any premises may be used for dumping, accumulating, piling or burying trash, junk or solid or liquid waste of any kind, or for storing, dismantling, demolishing or abandoning vehicles, machinery or parts thereof. Temporary storage of material for recycling shall be permitted in residential zones.
(3) 
The Planning Board may exempt certain minor uses of hazardous substances upon a finding that the operation of a business using the hazardous substances within the Prime Aquifer Area does not pose a risk to public health and safety and does not pose a risk to the groundwater supply.
H. 
Completion and restoration of existing buildings.
(1) 
Nothing herein contained shall require any change in the plans, construction or designated use of a building for which a construction permit has been issued, or for which plans and a construction permit application are on file and pending at the time of the passage of this chapter, provided such plans and intended use conform with the ordinance in effect at the time the application was made, and provided the construction of the building is diligently prosecuted after the permit is granted and completed within one year thereafter.
(2) 
Nothing herein contained shall prevent the restoration of a building destroyed for any reason, including, but not limited to, fire, explosion, act of God, act of war, voluntary demolition or negligence, to the extent of no more than 50% of its current reproduction value, or prevent a change of its existing use under the limitations provided in § 245-18, but any building destroyed in the manner aforesaid to an extent exceeding 50% of its reproduction value at the time of such destruction may be reconstructed and thereafter used only in such a manner as to conform to all the provisions of these land use ordinances.
(3) 
No structure in process of completion or demolition and no ruins from fire or other casualty shall be abandoned in a disorderly, unsightly or hazardous state. Such structure shall be considered to have been abandoned when work to remedy the improper condition has not been initiated within 60 days after the occasion of the casualty, or, if initiated, work has been discontinued with the owner's consent for 30 or more consecutive days or for more than 30 days out of 60 days. Each day's abandonment shall be considered as a separate violation of this provision of these land use chapters.
I. 
Office and Light Industrial Zones.
(1) 
A planted buffer, measured 100 feet deep from the property boundary, shall be provided within any OL-1 or OL-2 Zone along any lot line abutting a residential area or zone. The plant materials and the planting design shall be in accordance with criteria for such plantings in Chapter 208, Subdivision of Land and Site Plan Review.
(2) 
All yards that are not used for necessary drives, walks and permitted accessory uses shall be appropriately landscaped with trees, shrubs, flowers and grass lawns or other suitable ground cover as approved by the Planning Board.
(3) 
There shall be no vehicular access to any use established in any OL-1 or OL-2 Zone from any street that primarily serves residential neighborhoods and is not an arterial street.
(4) 
The maximum size of an undivided building or a building section which is offset from other building sections at least 20 feet shall not exceed 80,000 square feet of building coverage.
(5) 
More than one principal building may be constructed in the OL-1 and OL-2 Zones, subject to all applicable regulations, and with a minimum distance between the adjacent buildings equal to the height of the taller of the two facing walls measured at the point where the buildings are closest, but not less than 20 feet.
J. 
Performance standards. Before the issuance of any construction permit or certificate of occupancy for any construction, alteration or conversion or use of any building, structure or land, all of the following regulations shall be complied with:
(1) 
Fire and explosion hazards. All activities shall be carried on only as permitted and regulated by the laws of the United States of America and the State of New Jersey in structures which conform to the standards of the National Board of Fire Underwriters' Laboratories, Inc., or Borough of Mountain Lakes ordinances, whichever are more restrictive. All operations shall be carried on, and explosive raw materials, fuels, liquids and finished products stored, in accordance with the standards of such Underwriters' Laboratories, Inc. Buildings, if required by ordinance, shall be equipped with automatic sprinklers which conform to the standards of the Underwriters' Laboratories, Inc.
(2) 
Radiation. Any industrial or other operations or processes involving any form of radioactive materials, radioactivity or microwave and other electric radiations shall be conducted in accordance with the New Jersey Radiation Protection Act and Code, performance standards in the National Health and Safety Act of 1968 and other applicable state and federal regulations as administered by the Bureau of Radiation Protection, New Jersey Department of Environmental Protection and related health agencies.
(3) 
Smoke, fumes, gases, dust and odors.
(a) 
There shall be no emission of any smoke, fumes, gas, dust or odors, except in accordance with the standards established in and by the New Jersey Air Pollution Code. These and any other atmospheric pollutants as regulated in the New Jersey Air Pollution Control Code are prohibited.
(b) 
Odorous matter released from any operation or activity shall not exceed the odor threshold concentration beyond the lot lines, measured either at ground level or habitable elevation in accordance with the Standard Method for Measurement of Odor in Atmosphere (dilution method), 1972 Annual Book of the American Society Testing and Materials, Philadelphia, Pennsylvania.
(4) 
Vibration. There shall be no vibration other than noise which is discernible to the human sense of hearing beyond the immediate site on which such use is conducted.
(5) 
Noise.
(a) 
There shall be no noise created on any property which may result in sound in excess of the standards listed below when measured at any point on the property line of the lot on which the use or source of sound is located, unless a variance is granted by the appropriate approving authority:
[1] 
Continuous airborne sound which has a sound level in excess of 65 dBA[1] from 8:00 a.m. to 8:00 p.m. or 50 dBA from 8:00 p.m. to 8:00 a.m.
[1]
Note: "dBA" means the abbreviation designating the unit of sound level as measured by a sound level meter using the A-weighting.
[2] 
Impulsive sound in air which has an impulsive sound level of 80 dBA.
(b) 
Measurement of sound level shall be in accordance with the provisions of N.J.A.C. 7:29-1.1 et seq., which is hereby adopted by reference.
(c) 
Compliance with these requirements is subject to review by a professional chosen by the Planning Board as needed.
(6) 
Petroleum storage. Any storage of petroleum products shall meet all applicable federal, state and local state codes.
[Amended 9-14-2015 by Ord. No. 08-15]
K. 
Accessory uses.
(1) 
All accessory uses shall be included in computing maximum improved lot coverage.
(2) 
No accessory structure or improvement shall be erected or constructed unless and until:
(a) 
A construction permit for such structure or improvement has been issued.
(b) 
Either a construction permit or a certificate of occupancy, or both, has been issued for the main use or structure to which it is accessory.
(3) 
No accessory structure or improvement shall be used or occupied unless and until:
(a) 
A certificate of occupancy for such structure or improvement has been issued.
(b) 
The main use or structure to which it is accessory is being used and occupied and a certificate of occupancy for such main use or structure has been issued.
(4) 
No accessory use, structure or improvement shall be permitted unless it is located upon the same lot as the main use or structure to which it is accessory; provided, however, that access driveways and/or parking facilities to serve uses within the R-AH Zone shall be permitted on any adjacent lot located in the R-A Zone, subject to Planning Board review and approval.
(5) 
No accessory structure or improvement shall be located within the area of the front, side or rear yard setback requirements, except for a retaining wall as defined, a fence in accordance with Subsection P, or parking as provided in Schedule II.[2]
[2]
Editor's Note: Schedule II is included at the end of this chapter.
(6) 
When any accessory structure is attached to the principal building, it shall be considered a part of such building and as such shall comply with all regulations applicable to the principal building.
(7) 
No fence or other accessory structure shall be located closer to a street line than the principal building on the lot. Any accessory structure located within 10 feet of the principal building shall be considered part of such building.
(8) 
No private garage or other structure accessory to a dwelling in a residence zone shall be used or occupied for housing of persons or animals and shall be used only for the storage of automobiles, recreational vehicles, trailers, boats, and other household personal property owned by residents of the dwelling unless otherwise prohibited or regulated by ordinance or other applicable law.
[Amended 6-23-2003 by Ord. No. 09-03]
L. 
Off-street parking.
(1) 
Off-street parking shall be provided in accordance with the accompanying Schedules II and III.[3] If any applicant can clearly demonstrate to the Planning Board that, because of the nature of his operation or use, the parking requirements of this section are unnecessary or excessive, the Planning Board shall have the power to approve a site plan showing less paved area for parking than is required by this section; provided that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purpose of meeting future off-street parking requirements in the event that a change of use of the premises shall make such additional off-street parking spaces necessary.
[3]
Editor's Note: Schedules II and III are included at the end of this chapter.
(2) 
The requirements for uses not listed in Schedule III shall be the same as for the most similar use which is listed. For mixed uses, the requirement shall be the total of the requirements for each use computed separately.
(3) 
Off-street parking facilities shall be provided on the same lot as the building to which they are accessory unless during site plan review and approval the Planning Board approves a convenient nearby location as an alternate.
(4) 
The minimum dimensions of an off-street parking space shall be a rectangle 18 feet in length and 10 feet in width, except that the Planning Board may reduce the required width to not less than 8 1/2 feet when the proposed use warrants. The aisle width shall be as follows:
Parking Angle
(degrees)
Minimum Aisle Width
(feet)
30º
12
45º
13
60º
18
90º
24
(5) 
Off-street parking spaces for residential lots may include garage areas as well as separate outdoor parking areas and driveways. Such spaces and driveways need not all have separate access but shall be distinctly delineated and maintained for the purpose and shall have a firm surface.
(6) 
Off-street parking facilities for other than residential use shall be paved, drained, lighted and maintained in accordance with all pertinent Borough ordinances and regulations, and shall be arranged for convenient access and safety of pedestrians and vehicles subject to exceptions in cases of home occupations if approved by the Planning Board. Such facilities shall not be used for storage or other unrelated purposes.
(7) 
Off-street parking facilities for other than residential use which are visible from a public street shall be screened from the street by planting or other means approved by the Planning Board.
(8) 
In approving a site plan, the Planning Board may:
(a) 
Increase the required minimum off-street parking requirement, based upon reasonable expectations as to the number of automobiles that a particular use may attract; and
(b) 
Impose a maximum limitation on the number of off-street parking spaces based on the nature and character of the area in which the premises are located.
(9) 
In no case shall there be kept in the open for more than 30 days any vehicle which cannot be operated on a public highway by reason of legal, mechanical or other restrictions.
M. 
Recreational vehicles.
(1) 
For the purpose of this subsection, the term "recreational vehicle" shall mean a boat; a boat or any other vehicle mounted on a trailer; an automobile trailer not affixed to a foundation; a non-self-propelled or self-propelled house trailer, camper or motorized home so constructed as to permit the occupancy thereof as a dwelling or sleeping place for one or more persons and having no foundations other than wheels, skids, jacks, or other similar device integral with or portable by such recreational vehicle.
(2) 
No recreational vehicle shall be stored or parked in any zone, or in and on any premises in any zone, except in accordance with, and as may be permitted by, Subsection M(3), (4) and (5) herein and provided that any such recreational vehicle shall not be used as living quarters while stored or parked.
(3) 
Any recreational vehicle may be stored or parked as follows:
(a) 
In a garage or boathouse.
(b) 
Temporarily in the driveway of any premises for periods not to exceed 48 hours for purposes of loading and unloading and for emergencies.
(c) 
Temporarily at a motor vehicle service station for the purpose of necessary repairs.
(4) 
In addition to the provisions of Subsection M(3) above, any recreational vehicle which is 20 feet or less in length, excluding the hitch in case of trailers, and five feet or less in height, excluding the mast in case of boats, may be stored or parked as follows:
(a) 
Where the side yard of any premises is, or exceeds, 15 feet, then to the rear of the front setback line of the main building on the premises.
(b) 
Where the side yard of any premises is less than 15 feet, then to the rear of the main building on the premises.
(c) 
Temporarily in the driveway of a resident owner of any premises by a guest of the resident provided that only one such vehicle is so parked at one time and that all such parking at any one premises shall not exceed 21 days in any one calendar year.
(5) 
In addition to the provisions of Subsection M(3) above, any recreational vehicle which is 20 feet or less in length, excluding the hitch in case of trailers, and nine feet or less in height but more than five feet, excluding the mast, in the case of boats, may be stored or parked as follows:
(a) 
In such a location on the premises, and to the rear of the front setback line of the main building on the premises, where the vehicle is or can be effectively screened, by natural vegetation if possible consisting of trees, shrubs or other plant life, from view from neighboring areas to the end that the vehicle as stored and parked on the premises shall not be clearly visible either from the street or from adjoining properties; provided that no vehicle shall be so stored or parked unless and until the Planning Board has approved both the proposed location and the actual or proposed screening of the vehicle on the premises. Any person desiring to so store or park a vehicle on premises shall submit a location and screening plan to the Planning Board for its review, consideration and approval. The Planning Board may modify such plan, require additional or substitute screening, and generally take such action as may be necessary to implement the foregoing. Without limitation, the Planning Board may also eliminate, reduce or modify any possible requirement of additional screening in the event that topographical or other natural features render unnecessary the planting of additional natural vegetation to implement the foregoing.
(b) 
Temporarily in the driveway of a resident owner of any premises by a guest of the resident, provided that only one such vehicle is so parked at one time and that all such parking at any one premises shall not exceed 21 days in any one calendar year.
N. 
Like buildings.
(1) 
No construction permit shall be issued for the erection of any building for occupancy as a dwelling if it is like or substantially like any neighboring building then in existence, or for which a building permit has been issued, in more than three of the following six respects:
(a) 
Height of the main roof ridge, or, in the case of a building with a flat roof, the highest point of the roof beams, above the elevation of the first floor.
(b) 
Height of the main roof ridge above the top of the plate; all flat roofs shall be deemed identical in this dimension.
(c) 
Length of the main roof ridge, or, in the case of a building with a flat roof, length of the main roof.
(d) 
Width between outside walls at the ends of the building measured under the main roof at right angles to the length thereof.
(e) 
Relative location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch, or attached garage in the same elevation.
(f) 
In the front elevation both:
[1] 
Relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building; and
[2] 
Either the height of any portion of the building located outside the limits of the main roof, measured from the elevation of the first floor to the roof ridge, or, in the case of a flat roof, the highest point of the roof beams; or the width of such portion of the building, if it has a gable in the front elevation, otherwise length of the roof ridge or the flat roof in the front elevation.
(2) 
Buildings shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet. Buildings between which the only difference in relative location of elements is end to end or side to side reversal of elements shall be deemed to be like each other in relative location of such elements. In relation to the premises with respect to which the permit is sought, a building shall be deemed to be a neighboring building if the lot upon which it or any part of it has been or will be erected is any one of the following lots, as shown on the Tax Map of the Borough:
(a) 
Any lot on the street, upon which the building to be erected on such premises would front, which is the first or the second lot next along such street in either direction from the premises, without regard to intervening street lines;
(b) 
Any lot on any part of the street line frontage of which is across the street from such premises or from a lot referred to in Subsection N(2)(a) above;
(c) 
Any lot on any part of the street line frontage of which faces the end of, and is within the width of, such street, if there are fewer than two lots between the premises and the end of the street;
(d) 
Any lot on another street which adjoins such premises on such other street; or
(e) 
Any lot on any part of the street line frontage of which is across such other street from the premises or from a lot referred to in Subsection N(2)(d) above, provided that, notwithstanding any of the foregoing provisions of this section, no building shall be deemed to be a neighboring building in relation to the premises if its rear elevation faces the street upon which the building to be erected on the premises would front.
O. 
Number of principal buildings. Except as provided in OL Zones, only one principal building may be erected on any one lot.
P. 
Fences.
(1) 
In Zones A, B, OL-1 and OL-2:
(a) 
No fence is permitted in a front yard.
(b) 
In side or rear yards, a fence need not conform to setback requirements.
(2) 
In residential zones:
[Amended 11-9-2009 by Ord. No. 15-09]
(a) 
No fence is permitted in a front yard.
[1] 
Exception to no fences in front yard.
[a] 
Freestanding stone walls, using natural fieldstone and mortar, are permitted to a maximum height of 30 inches from finished grade. Stone piers not exceeding 24 inches by 24 inches by four feet zero inches high are permissible to act as anchors at the end of freestanding stone walls or can stand alone with no wall.
[b] 
The natural fieldstone walls and piers are to be consistent with the general appearance of stone walls in the Borough of Mountain Lakes, installed on footings to meet minimum depth requirements for a structurally sound, freestanding wall.
(b) 
In rear or side yards, the only fences permitted are:
[1] 
A fence of durable material and of workmanlike construction, not more than six feet in height and conforming to setback requirements. Materials subject to sagging, warping or other distortion under normal usage shall not be considered as durable for the purposes of this subsection.
[2] 
A swimming pool fence of a minimum height of four feet conforming to all state requirements and to all setback requirements.
(3) 
Fences around areas to be used solely to compost vegetation. These may be of wire construction suitable for the purpose and do not need to conform to setback requirements, but shall not exceed four feet in height, eight feet in length on any side or 64 square feet in area, nor encompass more than two areas.
(4) 
Fences to protect gardening areas during growing and harvesting seasons. These may be of wire construction suitable for the purpose, but shall meet the other requirements of Subsection P(2)(b)[1] above.
(5) 
Fences on lakefront property to protect against intrusion by geese and other unwanted waterfowl. Fences shall not exceed 24 inches in height, shall be of green wire, shall be temporary in nature except if part of a hedgerow, shall not be permanently anchored and shall be readily removable.
Q. 
Dish antennas.
(1) 
In residential zones, a dish antenna shall be permitted under the following conditions:
(a) 
It shall be only on a lot that contains a principal structure.
(b) 
It shall be designed for use by the residents of the principal structure only, except where the townhouse option has been elected.
(c) 
In the Residential RC-3 Zone where the townhouse option has been elected, only one dish antenna for common use is permitted per block of common wall houses. All other residential zone regulations apply.
(d) 
No lot may contain more than one dish antenna.
(e) 
Only a receiving dish antenna is permitted.
(f) 
A construction permit is required for any antenna installation. The fee shall be as specified in § 111-3B of this Code.
(g) 
A ground-mounted dish antenna is permitted as an accessory use, subject to the following regulations:
[1] 
A dish antenna may be located only in a rear yard and shall meet all setback requirements.
[2] 
Any such antenna shall be a freestanding structure mounted on and attached to the ground by a concrete pad.
[3] 
No dish antenna shall have a diameter exceeding six feet nor extend above the ground more than eight feet.
[4] 
An antenna shall be made only of black or gray mesh.
[5] 
Every dish antenna shall be screened by evergreen plantings in order to minimize to the greatest extent possible noise and visibility from any adjacent property or street. Screening shall not be required to the southwest. Plantings may be waived if natural terrain and landscaping provide adequate screening. The five-year growth potential of any evergreen plantings to be used shall be considered when determining acceptable spacing and heights of such plantings.
[6] 
Power control and signal cables to or from the antenna shall be underground cable complying with applicable code requirements.
(h) 
A roof-mounted dish antenna is permitted as a conditional use, subject to the provisions of § 245-16A, and subject to the following specific regulations:
[1] 
It may not exceed three feet in diameter.
[2] 
It shall be made of black or gray mesh aluminum, or material of comparable weight.
[3] 
It may not project above the ridgeline of the roof and shall be mounted only on the rear of the building.
(2) 
In Business Zones A and B and in OL-1 and OL-2 Zones, a dish antenna, for receiving purposes only, shall be permitted as a conditional use, subject to Planning Board regulation, to ensure aesthetics and safety provisions compatible with the standards of the community.
R. 
Conservation zone regulations. No permanent building or structure shall be erected in a conservation zone except those structures deemed necessary by the Borough Council for recreational or environmental purposes or for the maintenance of the area.
S. 
Child-care centers. Child-care centers shall be licensed under the New Jersey Child Care Center Licensing Law, N.J.S.A. 30:5B-1 et seq., and/or any other statutes and regulations as may from time to time apply.
T. 
Storage of solid waste and recyclable items. Solid waste and recyclable items from all uses other than single-family homes, if stored outdoors, shall be placed in metal or plastic receptacles within a screened refuse area subject to the following minimum standards:
(1) 
The screened refuse area shall not be located within any front yard.
(2) 
The area shall be surrounded by a fence or wall suitably landscaped to provide screening of the view of refuse from adjoining properties or public streets. Any such fence shall be exempt from the provisions of any Mountain Lakes ordinance regulating fences, except that no such fence shall exceed 10 feet in height.
(3) 
Design for screening of the refuse area shall be subject to the approval of the Construction Official.
(4) 
In any site plan, if outdoor storage is not proposed, the methods proposed for accommodating solid waste and recyclables within the structure shall be detailed on the plan. The Planning Board may require that a suitable outdoor area be set aside, but not improved, for a future refuse storage area.
U. 
Wireless telecommunications facilities. Wireless telecommunications facilities are permitted in all zones as a conditional use as regulated by § 245-16 and as provided herein:
[Added 7-23-2001 by Ord. No. 09-01]
(1) 
Anything herein notwithstanding, a wireless telecommunications facility may exceed the area, height and yard requirements of the district in which it is located, provided that it shall satisfy the requirements of a conditional use as set forth in § 245-16 and the requirements and conditions as follows:
(a) 
Height.
[1] 
Where permitted, wireless telecommunications towers and antennas may exceed the maximum building height limitations, provided that the height has minimal visual impact and is no greater than required to achieve service area requirements and potential collocation within the Borough of Mountain Lakes.
[2] 
Wireless telecommunications equipment facilities shall be subject to the minimum height restrictions of the zoning district in which they are located.
(b) 
Setback.
[1] 
Telecommunications towers and antennas shall have a setback equal to the height of the tower or antenna.
[2] 
Wireless telecommunications equipment facilities shall be subject to the minimum bulk and height requirements of the zoning district in which they are located.
V. 
Emergency generators. Generators for use during power outages on an emergency basis are permitted in all zones subject to the following conditions:
[Added 11-28-2011 by Ord. No. 08-11]
(1) 
Units must be installed in conformity with the property setbacks for the appropriate zone for the principle structure.
(2) 
The sound output for the unit cannot exceed 70 db at 23 feet from the unit.
(3) 
An improved lot coverage calculation is required for units installed on a pad over 12 square feet.
(4) 
Units installed in the front yard shall be surrounded by landscape screening.
(5) 
The testing, cycling and maintenance of all units will be conducted between the hours of 8:00 a.m. and 8:00 p.m. to be consistent with the Noise Ordinance (§ 160-2) which shall apply to emergency generators.

§ 245-16 Conditional use requirements.

[Amended by Ord. No. 9-82; Ord. No. 10-85; Ord. No. 6A-86; Ord. No. 14-92]
A. 
General provisions.
(1) 
A conditional use in a particular zone may be permitted by the Planning Board only after it has determined that the development proposal complies with the conditions and standards set forth in this chapter for the location and operation of such use and is found to be in harmony with the general purposes and intents of this chapter.
(2) 
A permit for a conditional use may be recommended or granted subject to such additional conditions and safeguards as may be deemed to be advisable and appropriate by the Planning Board.
B. 
Home occupations.
(1) 
The provisions of this section apply to a home occupation as a conditional use, as defined in § 245-7C.
(2) 
A sketch plan shall be submitted for Planning Board review. It shall be done to scale, with sufficient accuracy to permit discussion, and shall include lot frontage and depth, the location of all buildings, delineation of parking spaces, and name and location of all contiguous property owners. A general outline of the location of the work area shall be indicated either on the plan or in writing. In the event of any proposed alteration to any structure upon the premises which would change its residential character, or any proposed violation of any requirement of this section or of Schedule III,[1] a site plan shall be required.
[1]
Editor's Note: Schedule III is included at the end of this chapter.
(3) 
Conditional home occupations shall be subject to the following regulations:
(a) 
The principal use of the property must be as a residence, with the amount of the property used for the home occupation limited to a maximum of 500 square feet or 1/3 of the square footage of all buildings on the property, whichever is smaller.
(b) 
The principal professional of any accessory home occupation shall reside on the premises.
(c) 
No home occupation employing more than two nonresident individuals shall use the premises as a place of business.
(d) 
No home occupation shall use the premises as a place of business if its operation will require parking for more than three cars. See also Schedule III for parking provisions for home occupations.
(e) 
No sign or other external evidence of the home occupation shall be permitted, except for an identification sign in accordance with § 245-17.
(f) 
It is the intent of this section that the residential character of buildings in residential zones be retained. No use or external modification to buildings and/or grounds that would violate this intent shall be permitted.
C. 
Clubs. Clubs shall be subject to the following regulations:
(1) 
Any club house or open terrace adjacent thereto, swimming area, handball, tennis and similar game areas, and any parking lot shall be located at least 50 feet from any residential lot.
(2) 
Use of the club and its facilities shall be such as not to create undue noise beyond the lot line.
D. 
Philanthropic or eleemosynary uses or institutions. Philanthropic or eleemosynary uses or institutions shall be subject to the following regulations:
(1) 
Minimum size of lot: four acres.
(2) 
Minimum width of lot: 400 feet.
(3) 
Two side yards, minimum width each: 100 feet.
(4) 
Minimum depth, front yard: 100 feet.
(5) 
Minimum depth, rear yard: 100 feet.
(6) 
Maximum building height: two stories but not more than 35 feet.
(7) 
The lot shall be landscaped so as to be in harmony with the character of the neighborhood. All service areas, off-street parking areas, accessory buildings, open terraces and walks shall be suitably screened.
E. 
Child care centers in residential zones.
(1) 
Child care centers shall meet the requirements of § 245-15S.
(2) 
A center shall be located on a lot of not less than 15,000 square feet.
(3) 
Any outdoor play area shall meet the side and rear setback requirements of the zone, and shall be behind the front setback of the house or facility.
(4) 
In the event that the child care center is the home occupation of the owner of the property, the regulations for home occupation contained in Subsection B(3)(a), (c) and (d) shall not apply.
F. 
Cluster development.
(1) 
Criteria for cluster development.
(a) 
Cluster development shall be permitted as a conditional use in the Residential Zones RC-1, RC-2 and RC-3 only.
(b) 
The minimum tract size shall be eight acres.
[Amended 8-21-2006 by Ord. No. 19-06]
(c) 
The housing type shall be the same as permitted in the zone.
(d) 
The maximum number of lots to be permitted shall be arrived at by the applicant's submitting a sketch plat showing a conventional subdivision with the minimum lot sizes as indicated for each zone in Schedule I[2] and with proper consideration given to the requirements in Chapters 102 and 208 as well as the steep slope requirements and other applicable requirements in this chapter.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
(e) 
The minimum lot sizes in a cluster development shall be 15,000 square feet for the RC-1 Zone, 10,000 square feet for the RC-2 Zone and a size that meets the requirement of a maximum of four dwelling units per acre in the areas to be developed in the RC-3 Zone.
(f) 
The minimum setbacks shall be as shown in Schedule I for the respective zones, except as permitted under the zero lot line option.
(g) 
The amount of open space shall be at least 20% of the total tract size but no less than two acres.
(h) 
The requirements in Chapters 102 and 208 shall be met as applicable.
(2) 
Procedures for cluster development.
(a) 
An application for a cluster development shall be accompanied by sketch plats showing a conventional subdivision and the proposed cluster development option indicating in general the plan and the area to be retained in open space or used for other common or municipal purposes. (See also § 208-7A).
(b) 
If, in the opinion of the Planning Board, the clustering option will assist in the achieving of the objectives in the Master Plan and the land use chapters, then the Planning Board shall request a tentative approval from the Borough Council that the open space resulting from the cluster development be accepted by the Borough. If, however, the Borough Council finds that it would not be in the best interest of the Borough to accept the open space as public open space, then the Planning Board may permit the applicant to submit a clustering plan with common open space in accordance with Subsection F(4)(b) below.
(c) 
The procedures for preliminary and final plats for clustering developments shall be the same as required for major subdivisions in these land use chapters.
(3) 
Location and use of open space. The Planning Board shall have full authority to approve or disapprove the locations and proposed uses of open space. Lands required to be dedicated shall be so located as to meet the needs of open spaces, parks, playgrounds, rights-of-way and preservation areas protecting major streams and open drainageways, buffer areas and other environmental features, or to provide additional neighborhood area for recreational or school purposes.
(4) 
Disposition of open space.
(a) 
Dedicated open space shall be deeded free and clear of all mortgages and encumbrances to the Borough, if the Borough Council accepts the land as public open space.
(b) 
Open space areas may, if the Planning Board and the Borough Council agree, be deeded free and clear of any encumbrances to a permanent property owner's association or cooperative for its use, control and management for common open space or common recreational use and providing appropriate restrictions to assure the effectuation of the purpose of this section. Such organization shall meet the following standards, to be written into the articles of incorporation or bylaws:
[1] 
It shall not be dissolved and shall not dispose of any open space, by sale or otherwise, without first offering to dedicate the same to the Borough. If the Borough refuses the offer, the open space may then be disposed of only to another organization conceived and established to own and maintain the open space for the benefit of such development.
[2] 
Failure to maintain.
[a] 
In the event that such organization fails to maintain the open space in reasonable order and condition, the Borough may serve written notice upon such organization or upon the owners of the development, setting forth the manner in which the organization has failed to maintain the open space in reasonable condition. Such notice shall include a demand that such deficiencies of maintenance be cured within 35 days thereof and shall state the date and place of a hearing thereon, which shall be held within 15 days of the notice. At such hearing the Borough may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time, not to exceed 65 days, within which they shall be cured. If the deficiencies set forth in the original notice or in the modification thereof are not cured within the specified 35 days, or any permitted extension thereof, the Borough, in order to preserve the open space and maintain the same for a period of one year, may enter upon and maintain such land.
[b] 
Before the expiration of the year, the Planning Board shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the Planning Board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the Borough shall not, at the election of the Borough, continue for a succeeding year. If the Borough determines that such organization is ready and able to maintain such open space in reasonable condition, the Borough shall cease to maintain the open space at the end of the year.
[c] 
If the Borough determines such organization is not ready and able to maintain such open space in a reasonable condition, the Borough may, in its discretion, continue to maintain such open space during the next succeeding year, subject to a similar hearing and determination in each year thereafter. The decision of the Borough shall constitute a final administrative decision, subject to judicial review.
[3] 
The cost of such maintenance by the Borough shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space, in accordance with assessed value at the time of imposition of the lien, and shall become a lien and tax on the properties and be added to and be a part of the taxes to be levied and assessed thereon and shall be enforced and collected with interest by the same officer and in the same manner as other taxes.
G. 
Zero lot lines options. Zero lot line (ZLL) design is a permitted use and design option in RC-1, RC-2 and RC-3 Zones subject to the conditions below:
(1) 
A zero lot line development is here defined as a subdivision where the principal buildings are placed at a setback distance of one inch from parallel side lot lines.
(2) 
A zero lot line development shall meet the following conditions:
(a) 
The lot adjacent to the zero setback side yard shall be under the same ownership as the ZLL lot at the time of initial construction and shall have the same size side yard toward the ZLL lot as the larger side yard in the ZLL lot.
(b) 
The side yard setback shall be either one inch or 20 feet in a clustered RC-2 or RC-3 Zone and 40 feet in an RC-1 Zone or in a conventional RC-2 or RC-3 Zone.
(c) 
The wall on the zero setback side shall be without windows or other openings and shall be constructed of maintenance-free masonry without projections over the property line.
(d) 
The opposite side yard setback of not less than 10 feet shall be kept perpetually free of permanent obstructions.
(e) 
A four-foot maintenance easement shall be created along the zero setback wall.
(3) 
The minimum lot width in a zero lot line development may be reduced to 80 feet in an RC-3 Zone.
H. 
Townhouse option in the RC-3 Zone. Townhouses in a cluster development design shall be permitted as a conditional use in the RC-3 Zone, subject to all applicable regulations in the land use ordinances, a review by the Planning Board and the following conditions:
(1) 
The minimum tract size shall be 10 acres.
(2) 
The maximum number of dwelling units shall be determined by the Planning Board, based on applicable criteria in the land use ordinances, the site characteristics, environmental features and the objective that the number of people and the traffic volumes as estimated shall not exceed the corresponding numbers for a conventional development as permitted on the same tract. The maximum number of dwelling units shall not exceed 1.75 times the number of units allowed in a conventional development.
(3) 
The minimum amount of open space, as defined, excluding dry surface water detention facilities, shall be at least 30% of the total tract size, but no less than three acres.
(4) 
The bulk requirements shall be determined by the Planning Board, with consideration given to the environmental character of the site and the neighborhood, the type of proposed housing, the overall design of the development, the general health, safety and welfare of the residents and the following guiding requirements:
(a) 
The minimum lot size for any townhouse unit shall be 2,250 square feet and the minimum average lot size shall be 3,125 square feet.
(b) 
The minimum width for any townhouse unit shall be 18 feet and the minimum average unit width shall be 23 feet.
(c) 
The minimum lot depth for any townhouse unit shall be 125 feet.
(d) 
The minimum front setback shall be 30 feet.
(e) 
The minimum rear setback shall be 30 feet.
(f) 
The minimum side setback of an end unit shall be 20 feet, except that where an end unit abuts a street, the side setback shall be 30 feet.
(g) 
The maximum height shall be 2 1/2 stories, but no greater than 35 feet.
(h) 
The maximum number of dwelling units in any building shall be six, except that not more than two buildings may be permitted to contain eight dwelling units, provided that the total number of dwelling units does not exceed the maximum allowed in Subsection H(2).
(i) 
Each pair of townhouse units shall be offset from the adjacent pairs by at least five feet. Variation shall be used in building plans for and in the construction of contiguous townhouse dwelling units in terms of design so as to present reasonable and aesthetically desirable variations in the elevation, location, design and appearance of the units.
(j) 
The minimum distance between main walls of buildings shall be:
[1] 
Side to side: 40 feet.
[2] 
Rear to rear: 100 feet.
[3] 
Side to rear or front: 50 feet.
(k) 
There shall be a forty-five-foot buffer along the boundaries of the tract to shield activities from the neighboring properties. This buffer shall include natural vegetation and landscaping, including evergreens, as determined by the Planning Board, and shall be designated open space as in Subsection F(2).
(l) 
Parking shall be provided with at least 2.4 parking spaces per townhouse unit. Two parking spaces shall be provided on each townhouse lot, one of which shall be in a garage and the remainder in other off-street locations such as the driveway. The Planning Board shall have the power to approve a site plan showing less paved area for parking than is required by this section, provided that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved to meet future needs.
(m) 
The right-of-way and pavement widths for streets shall be determined by the Planning Board so as not to create excessive pavement or unnecessary removal of vegetation.
(n) 
No addition or extension may be constructed on the outside of the original building, except for a patio or deck in the rear yard, no greater in depth than 15 feet, measured from the wall of the building. Such patio or deck may encroach five feet into the rear setback. A property divider accompanying a patio or deck for the purposes of privacy may not encroach upon the setback.
(5) 
Each tract in an RC-3 Zone shall have access to the surrounding road system at two locations. One of these two locations shall be for emergency access only.
(6) 
Walkways and bikeways shall be provided to create interior connections to other neighborhoods and shall be constructed as required by the Planning Board based upon recommendations from other concerned public bodies.
(7) 
A homeowners' association, with bylaws approved by the Planning Board and the Council, shall be formed to handle matters of common interest to the homeowners, such as the appearance and maintenance of grounds and buildings. The Borough and the homeowners' association shall have all the powers and duties prescribed in N.J.S.A. 40:55D-43.
I. 
Wireless telecommunications facilities.
[Added 7-23-2001 by Ord. No. 09-01]
(1) 
Location priority. Upon showing that a wireless telecommunications facility is needed for the provision of adequate service in the Borough of Mountain Lakes, said facility shall be permitted as a conditional use at the following prioritized locations:
(a) 
The first priority location shall be collocation on existing wireless telecommunications facilities;
(b) 
The second priority location shall be on existing structures owned by the Borough of Mountain Lakes, with the consent of the Borough, and if a structure is not suitable or available, lands owned by the Borough of Mountain Lakes, with the consent of the Borough;
(c) 
The third priority location shall be on lands located in the B Business Zone as identified in the Borough of Mountain Lakes Zone Map but no closer to any residential zone or residential use than 300 feet;
(d) 
The fourth priority location shall be on lands located in the OL-2 Office, Light Industrial Zone as identified in the Borough of Mountain Lakes Zone Map, but no closer to any residential zone or residential use than 300 feet; and
(e) 
The fifth priority location shall be on lands located in the OL-1, Office, Light Industrial Zone as identified in the Borough of Mountain Lakes Zone Map, but no closer to any residential zone or residential use than 300 feet.
(2) 
If a wireless telecommunications provider seeks to place a wireless telecommunications facility on a lot that is located in a priority level other than the first priority location, the provider must establish that the priority locations prioritized ahead of the location in which the lot is located are either not available or not suitable for the provision of adequate wireless telecommunications services within the Borough of Mountain Lakes as provided in the Telecommunications Act of 1966 (47 U.S.C. § 332).
(3) 
Conditional use standards. All wireless telecommunications facilities shall be located to minimize visual impacts on the surrounding area in accordance with the following standards. In applying these standards, locations in a higher priority category under Subsection U(1) shall be deemed more acceptable than lower priority sites.
(a) 
Sites for wireless telecommunications facilities must demonstrate that they provide the least visual impact on residential areas and public ways. All potential visual impacts must be analyzed to illustrate that the selected site provides the best opportunity to minimize the visual impact of the proposed facility.
[1] 
Wireless telecommunications equipment facilities should be located to avoid being visually solitary or prominent when viewed from residential areas and the public way. The facility should be obscured by vegetation, tree cover, topographic features and/or other structures to the maximum extent feasible.
[2] 
Wireless telecommunications facilities shall be placed to ensure that historically significant structures, viewscapes, streetscapes and landscapes are protected. The views from architecturally and/or historically significant structures should not be impaired or diminished by the placement of telecommunications facilities.
(4) 
Site design standards.
(a) 
Collocation. Any ordinance limitation on the number of structures on a lot shall apply except for wireless telecommunications facilities located on a lot with buildings or structures already located on it.
(b) 
Security fencing. Wireless telecommunications facilities shall be enclosed by security fencing not less than six feet in height and shall be equipped with appropriate anti-climbing devices. Additional safety devices shall be permitted or required as needed by the Planning Board.
(c) 
Landscaping. Landscaping shall be provided along the perimeter of the security fence to provide a visual screen or buffer for adjoining private properties and public right-of-way. Required front yard setback areas shall be landscaped. All wireless telecommunications equipment facilities shall be screened by an evergreen hedge eight to 10 feet in height at planting time.
(d) 
Signs. Signs shall not be permitted except for a single sign displaying owner contact information, warnings, equipment information and safety instructions. Such signs shall not exceed two square feet in area. No commercial advertising shall be permitted. Only the minimum number of signs shall be permitted.
(e) 
Color. Wireless telecommunications facilities shall be of a color appropriate to the tower's locational context and to make it as unobtrusive as possible, unless otherwise required by the Federal Aviation Administration.
(f) 
Dish antennas. Dish antennas shall be colored, camouflaged or screened to make them as unobtrusive as possible, and in no case shall the diameter of a dish antenna be in excess of that which is reasonably needed for the intended purpose but in no event in excess of six feet.
(g) 
Lighting. No lighting is permitted except as follows:
[1] 
Wireless telecommunications equipment facilities enclosing electronic equipment may have security and safety lighting at the entrance, provided that the light is attached to the facility, is focused downward and is on timing devices and/or sensors so that the light is turned off when not needed for safety or security purposes; and
[2] 
No lighting is permitted on a wireless telecommunications tower except lighting that specifically is required by the Federal Aviation Administration, and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties.
(h) 
Monopole. Any proposed new telecommunications tower shall be a "monopole" unless the applicant can demonstrate that a different type pole is necessary for the collocation of additional antennas on the tower. Such towers must employ camouflage technology to the greatest extent feasible and as agreed to by the Borough.
(i) 
Noise. No equipment shall be operated so as to produce noise in excess of the limits set by the local noise ordinance, except for in emergency situations requiring the use of a backup generator.
(j) 
Radio frequency emissions. Applicants shall provide current FCC information concerning wireless telecommunications facilities and radio frequency emission standards. Wireless telecommunications facilities shall be required to provide information on the projected power density of the proposed facility and how this meets the FCC standards.
(k) 
Structural integrity. Wireless telecommunications facilities must be constructed to the Electronic Industries Association/Telecommunications Industries Association 222 Revision F Standard entitled "Structural Standards for Steel Antenna Towers and Antenna Supporting Structures" (or equivalent), as it may be updated or amended.
(l) 
Maintenance. Wireless telecommunications facilities shall be maintained to assure their continued structural integrity and site plan, which includes landscaping. The owner of the wireless telecommunications facility shall also perform such other maintenance of the structure and of the site as to assure that it does not create a visual nuisance.
(m) 
Interference. Interference studies must be conducted to insure local emergency R/Frequency transmissions are not interfered with.
(n) 
Quarterly report. A quarterly maintenance report is required to the Borough Building Inspector indicating maintenance and ownership.
(5) 
Collocation policy.
(a) 
The Municipal Engineer and the Borough Clerk/Administrator shall maintain an inventory of existing wireless telecommunications facilities locations within and near the Borough of Mountain Lakes.
(b) 
An applicant proposing a wireless telecommunications facility at a new location shall demonstrate that it made a reasonable attempt to find a collocation site acceptable to engineering standards and that none was practical or economically feasible.
(c) 
Each application shall include a site location alternative analysis describing the location of other sites considered, the availability of those sites, the extent to which other sites do or do not meet the provider's service or engineering needs and the reason why the subject site was chosen. The analysis shall address the following issues:
[1] 
How the proposed location of the wireless telecommunications facilities relates to the objective of providing adequate wireless communications services within and near the Borough of Mountain Lakes;
[2] 
How the proposed location of the proposed wireless telecommunications facility relates to the location of any existing antennas within and near the Borough of Mountain Lakes;
[3] 
How the proposed location of the proposed wireless telecommunications facility relates to the objective of collocating the antennas of many different providers of wireless communications services on the same wireless telecommunications facility; and
[4] 
How its plan specifically relates to and is coordinated with the needs of all other providers of wireless communications services within and near the Borough of Mountain Lakes.
(d) 
The Planning Board or Board of Adjustment may retain technical consultants as it deems necessary to provide assistance in the review of the site location alternatives analysis; the service provider shall bear the reasonable cost associated with such consultation, which cost shall be deposited in escrow.
(6) 
Removal of abandoned wireless telecommunications facilities. Any wireless telecommunications facility that has not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single wireless telecommunications facility, then the abandonment shall not become effective until all users cease using the wireless telecommunications facility for a continuous period of 12 months. Unless the Council of the Borough of Mountain Lakes shall authorize continuance of an antenna on terms acceptable to the Council, the owner of the property shall remove same within 90 days of notice from the Zoning Officer that the wireless telecommunications facility is abandoned. If such wireless telecommunications facility is not removed within said 90 days, the Borough of Mountain Lakes may remove such wireless telecommunications facility at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.

§ 245-17 Signs.

[Amended by Ord. No. 15-82; Ord. No. 4-88; Ord. No. 10-91; Ord. No. 11-96]
A. 
Purpose. The design, construction, location and maintenance of all signs in the Borough shall be regulated and controlled as provided for in this subsection.
B. 
Definitions. The following words in this subsection shall be defined as follows (see also § 40-3):
BULLETIN BOARD
An outdoor structure containing a surface upon which may be displayed the name of a park, church, school, library, community center or similar institution or facility and the announcement of the services or activities thereof or thereon.
BUSINESS SIGN
A sign which advertises the business or businesses conducted, the commodities manufactured, produced or sold or the services rendered upon or from the premises upon which such sign is located.
CONSTRUCTION SIGN
A sign identifying the person, firm or business directly connected with a construction or remodeling project in all zones but residential.
CONTRACTOR'S SIGN
A sign in a residential zone identifying a contractor working on the premises.
FREESTANDING SIGN
A sign which is supported by one or more uprights, poles or braces in or upon the ground and which is not attached to a building.
GENERAL ADVERTISING SIGN
A sign which advertises a business, product or service conducted, sold or offered elsewhere than upon the premises upon which such sign is located.
IDENTIFICATION SIGN
A sign which designates the name of the owner or occupant of the premises upon which it is located or which identifies the premises; this shall include nameplates.
ILLUMINATED SIGN
A sign which is illuminated by means of light shining on the surface of the sign or which is illuminated internally.
PERMANENT SIGN
A sign which is affixed or otherwise attached to the property or to a structural frame upon the premises and is intended to remain there for other than a temporary period.
PROJECTING SIGN
A sign, other than a wall sign, which is attached to the exterior wall of a building and which extends beyond such exterior wall.
REAL ESTATE SIGN
A sign indicating that the property, premises or any portion thereof on which it is located is for sale, lease or rent.
ROOF SIGN
A sign that is mounted on or applied to the roof of a building or which is wholly dependent upon a building for support and which projects above the roofline of a building with a flat roof, or above the eave line of a building with a gambrel, gable, hip, mansard or other non-flat roof.
SIGN AREA MEASUREMENT
The area of any sign shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering, illustration, display, frame, background or combination of these elements. This shall not be construed to include the supporting members of any sign which are used solely for such purpose. For signs with two display faces (back-to-back), the maximum area requirement shall be permitted on each side.
TEMPORARY SIGN
A sign which is displayed for no more than 30 days.
WALL SIGN
A sign which is attached to and placed flat against any exterior wall of a building or which is painted on any exterior wall of a building and which does not extend above the lowest point of the roofline.
WINDOW SIGN
A sign which is attached to or painted on either the inside or outside of an exterior window of a building or which is placed or intended to have the advertising thereon viewed primarily outdoors through an exterior window.
WIND SIGN
A sign which is not fully affixed to a building, structure or other structural frame and which is intended to flap freely in the open air.
C. 
General regulations.
(1) 
Permits.
(a) 
No person shall erect, construct, reconstruct, relocate or use a permanent sign, including but not limited to a bulletin board, without first obtaining a sign permit, except for identification signs in residential zones as permitted in Subsection D(1)(b) and (c).
(b) 
Applications for a sign permit shall be made to the Zoning Officer in writing. Applications shall contain the following: proposed use, size, coloring, material, illumination, if any, wording, a scale drawing showing the sign's design and relation to the building and its location on the premises.
(c) 
A fee shall be required with each application except applications from the Board of Education or local government bodies. The fee shall be as set forth in § 111-3B.
(d) 
If the Zoning Officer, after checking and reviewing the application and plans and specifications, determines that the proposed sign or the proposed alteration or relocation thereof conforms to all requirements of this subsection, he shall approve the application and issue a permit.
(e) 
The Zoning Officer may issue a permit for a temporary wall, window or freestanding sign to be displayed for not more than 30 days in any two-month period.
(2) 
Limits. Signs shall be limited to indicate products, services, uses or occupants of the premises on which they are located.
(3) 
Construction and maintenance. All signs shall be neat, constructed of durable materials and maintained at all times in safe condition and good repair by the owner of the premises upon which they are erected. The Zoning Officer may require necessary repair and painting of any sign which has been neglected or require its removal.
(4) 
Signs at intersections; interference with traffic signs. No sign shall be located at or near any street, intersection or driveway so as to create a traffic hazard by obstructing vision. No sign shall be located, constructed or lighted so as to interfere with or obstruct the view of any authorized traffic sign, signal or device. No red, green or yellow sign shall be located where it might be confused with a traffic signal.
(5) 
Obstructions. No sign or sign structure shall be erected in such a manner that any portion thereof will interfere with the free use of any fire escape, exit or standpipe, or will obstruct or block or cover any window except window signs.
(6) 
Construction signs. No construction sign shall have any moving parts or be constructed of any reflective material, and no such sign shall be illuminated or exceed 20 square feet in area, and no part of such sign shall be higher than six feet above finished grade.
(7) 
Bulletin boards. In any zone a single-faced bulletin board not to exceed 18 square feet in area shall be permitted and shall serve only to identify and announce the services and activities of a park, public or parochial or independent school, library, church, community center or other similar community facility or institution. Such bulletin board shall be located on the site of the community facility or institution, no closer than 10 feet to any street line or any lot line, and no portion thereof shall be higher than six feet above finished grade.
(8) 
Wall and window signs. The total area of all wall signs, including permanent window signs, shall not exceed 10% of the wall area of the side of the building fronting on the street or 40 square feet, whichever is less. Temporary signs may be placed in windows and may be in addition to the signs otherwise permitted on the premises.
(9) 
Real estate signs. One unilluminated real estate sign not more than 12 square feet in area in nonresidential zones and four square feet in area in residential zones is permitted on the premises to which it relates.
[Amended 3-24-2003 by Ord. No. 02-03]
(10) 
Certain permitted signs. Political, religious or other signs conveying statements which are within the protection, of any provision of the Constitution of the United States shall be permitted except that no such sign shall be greater than 12 square feet, and shall otherwise conform to the provisions of this chapter.
(11) 
Prohibited signs. Signs of the following types, or types closely related to them, are specifically prohibited in all zones:
(a) 
Moving signs, wind signs, roof signs, banners, oscillating, rotating, flashing or other intermittent-type signs.
(b) 
General advertising signs.
(12) 
Removal. After a use, advertised by a sign, has been abandoned or terminated, the owner of the premises shall be responsible for the immediate removal of such sign. If such sign is not removed within 30 days after such abandonment or termination, the Construction Official shall cause removal of such sign, and cost of such removal shall be a lien on the premises.
D. 
Permitted signs.
(1) 
Residential zones.
(a) 
Except as otherwise expressly provided in Subsection C, no sign other than those hereinafter provided in this section shall be permitted in any residential zone.
(b) 
One single-faced personal identification sign plate no larger than 50 square inches overall, which may be placed on the wall of the building, shall be permitted.
(c) 
Single-faced property identification signs conforming to the following conditions shall be permitted:
[1] 
The maximum area of each such sign shall be one square foot.
[2] 
No more than two such signs shall be permitted.
[3] 
House numbers shall be a minimum height of four inches and shall be placed in a conspicuous location at least 24 inches above the grade where located so as to be clearly visible from the street as per Chapter 164, § 164-3.
[Amended 9-27-1999 by Ord. No. 14-99]
[4] 
House numbers may not exceed 8 inches in height, whether on a freestanding sign, on the house, or painted on a rock. They may not be painted on trees or utility poles as per § 164-3.
[Amended 9-27-1999 by Ord. No. 14-99]
(d) 
For conditional home occupations, one single-faced identification sign, which may also specify the service or profession, not over two square feet in area, shall be permitted. Only one sign per dwelling unit shall be permitted.
(e) 
One bulletin board not over 18 square feet in area shall be permitted for a community facility or institution.
(f) 
Each contractor, while working on the premises, shall be permitted one sign of not over six square feet in area.
(g) 
No sign except property identification signs shall be located closer than 10 feet to any front lot line or to any residence lot line.
(h) 
No portion of any freestanding sign shall be more than six feet above finished grade.
(2) 
Business zones.
(a) 
General regulations.
[1] 
The following signs shall be permitted on premises in business zones: business signs, one real estate sign (freestanding or wall), one construction sign (freestanding or wall).
[2] 
The number of identification and business signs on premises is limited to any combination of two of the following: one wall sign, one freestanding sign, one projecting sign.
[3] 
No part of any freestanding sign shall be closer than 10 feet to any front lot line. In specific situations for safety, the Zoning Officer may require a greater setback.
[4] 
No projecting sign shall exceed the lowest roofline or 12 feet in height, whichever is less, nor shall it be so low as to endanger the health and safety of pedestrian and vehicular traffic. In no event shall the projecting sign be lower than eight feet. A sign shall not project more than two feet from the wall.
[5] 
Signs may be illuminated. Illumination of a sign shall be only by white lighting such that the light intensity or surface brightness does not exceed that of a translucent plastic sheet or frosted glass lighted by 20 watts of power per square foot from fluorescent sources. All bare bulbs tubes and other light sources must be shielded from view from any point on a public right-of-way and from adjacent residential lots. No outdoor sign shall remain illuminated after 9:00 p.m. unless the establishment using the sign is open to the public for business.
[6] 
The Zoning Officer may authorize or require in writing additional signs for directional and safety purposes.
[7] 
In shopping or business centers containing more than one establishment, directory signs which are a part of the aggregate sign allowance for individual establishments are permitted and encouraged. The directory, if freestanding, shall constitute the one freestanding sign permitted for each individual establishment.
[8] 
Stores in structures with more than one store and with direct access from the side or rear may have an identification sign of not more than two square feet next to, over, or on the side or rear entrance.
(b) 
In Business Zone A:
[1] 
Two signs aggregating not more than 30 square feet in area shall be permitted, but in no event shall the permitted area of all signs on any premises exceed 10% of the overall surface of the street wall.
[2] 
No sign of any kind shall exceed three feet above the lowest roof line or 12 feet in height, whichever is less.
(c) 
In Business Zone B:
[1] 
Two signs aggregating not more than 40 square feet in area shall be permitted.
[2] 
No sign of any kind shall exceed 18 feet in height above finished grade.
(3) 
Office and Light Industrial Zones OL-1 and OL-2. For OL-1 and OL-2 Zones, applications for signs shall conform to the requirements of Subsections A, B, C and D(2)(a)[3] through [7] and shall be reviewed and approved or denied by the Planning Board, in accordance with the site plan provisions of the land use ordinances.
E. 
Nonconforming signs.
(1) 
Definition. A "nonconforming sign" is a sign lawfully constructed and maintained prior to the adoption of this chapter, but does not conform to the provisions of this chapter.
(2) 
Alterations and additions. No nonconforming sign shall be altered, enlarged and/or reconstructed, except in such a manner as to comply with the requirements of this chapter.

§ 245-18 Nonconforming uses and buildings.

[Added by Ord. No. 22-97]
A. 
Any nonconforming use or structure existing at the time of the passage of this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof in accordance with § 245-15H.
B. 
No nonconforming use shall be extended, except by variance granted pursuant to N.J.S.A. 40:55D-70d. However, where a building meets the use requirements of this chapter but is nonconforming because of height, width, depth or yard requirements, said building may be altered or enlarged, provided that the height, area, coverage, FAR, yard or any other regulations in this chapter of the land use ordinances are not violated; for example, if a front yard is nonconforming, this does not preclude a conforming addition to the rear within the rear setback line.
C. 
Where a structure has been erected and used for an accessory use to a dwelling according to § 245-7B and such accessory use ceases, as by independent sale of either the dwelling or accessory structure or by the moving or demolition of the primary or accessory structure, the accessory structure shall lose its status as such and shall be governed by the regulations herein pertaining to a primary or main building.
D. 
Any structure existing at the time of the passage of this chapter which is essentially designed or readily adaptable to accommodate a permitted use may be occupied as such without regard to the bulk requirements of Article V, provided that:
(1) 
The structure is not expanded beyond its existing outside dimensions.
(2) 
Its use would not constitute a hazard to public health or safety.
(3) 
Site plan approval is obtained, if required.
E. 
The prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant hereto may be made to the administrative officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. The administrative officer shall be entitled to demand and receive for such certificate issued by him a fee in the amount specified at § 111-3. The fees collected by the administrative officer shall be paid to the municipality. Denial by the administrative officer shall be appealed to the Zoning Board of Adjustment. The provisions of N.J.S.A. 40:55D-72 through 40:55D-75 shall apply to applications or appeals to the Zoning Board of Adjustment.
[Added 6-28-1999 by Ord. No. 8-99]