Minimum front yard setbacks, as regulated and provided in Schedule
D,[1] may be modified so that the minimum setback may conform
to the established setbacks of existing buildings within 200 feet
on the same side of the street and within the same block.
[1]
Editor's Note: Said schedule is included as an attachment
to this chapter.
The main entrance to a building may be located in any building
wall except in the wall of a building which faces a rear yard.
In the nonresidential districts a principal building may contain
more than one use provided that the total building coverage of the
combined uses does not exceed the maximum building coverage specified
for the zone district and, further, that each use occupies a minimum
gross floor area of 750 square feet.
A.
Height exceptions. With the exception of residential uses as permitted
by this chapter, penthouses or roof structures for the housing of
stairways, tanks, ventilating fans, air-condition equipment or similar
equipment required to operate and maintain the building, skylights,
spires, cupolas, flagpoles, chimneys or similar structures may be
erected above the height limits prescribed by this chapter but in
not case more than 25% more than the maximum height permitted for
the use in the district, or 10 feet, whichever is less.
B.
Extensions into yards. No part of any building shall extend more
than one foot beyond the foundation into any required yard except
the following which shall not extend more than two feet beyond the
foundation into any yard:
Other regulations of this chapter to the contrary not withstanding,
child-care centers for which, upon completion, a license is required
from the Department of Human Services pursuant to P.L. 1983, c.492
(N.J.S.A. 30:5B-1 et seq.), shall be permitted in all nonresidential
zones. Child-care centers are also permitted as secondary uses in
conjunction with institutional uses located in any zone district.
Child-care centers shall be subject to the following requirements:
A.
Time of operation. Child-care centers, except child-care centers
operated by an industry during the work hours as a service to its
employees, shall be limited to daytime operations between the hours
of 6:00 a.m. to 7:00 p.m.
B.
Setbacks. Any building containing a child-care center shall meet
the yard requirements of the zone district, provided that no such
building shall be located within 35 feet of a residential property.
C.
Outdoor play areas. Outdoor play areas shall be located in side and
rear yards only, shall be enclosed by a fence and shall be located
at least 35 feet from a residential property line and at least 20
feet from a nonresidential property line.
D.
Parking. Off-street parking shall be provided in accordance with
Schedule E [1]and shall be subject to the location requirements applicable
to the zone district as provided in Schedule D.[2] Pickup and delivery of children shall take place on the
site with safe means of ingress and egress as approved by the Planning
Board.
E.
Screening. All parking areas and play areas that adjoin residential
properties shall be effectively screened by appropriate landscaping
as approved by the Planning Board.
F.
Minimum lot size. Unless a greater area is required by the zone district
in which the use is located, there shall be a minimum lot area of
15,000 square feet for the first 10 children for which the facility
is licensed to accommodate at any one time plus 500 square feet for
each additional child for which the facility is so licensed.
G.
Other conditions. Any child-care center shall be subject to site
plan approval by the Planning Board in accordance with development
review.
A.
All vehicles must be owned or used by a resident of the premises.
Only two vehicles used for commercial purposes may be parked on a
property; however,
(1)
No truck or other vehicle with a registered gross vehicle weight
exceeding 15,000 pounds, or having a height measured from the ground
exceeding eight feet, or having a length measured bumper-to-bumper
exceeding 24 feet shall be parked on a residential lot unless stored
in a completely enclosed garage at all times.
B.
Parking in front yards shall be in a paved driveway or in a paved
area served by a driveway. The total paved area shall not exceed 35%
of the front yard area.
C.
Only one drop curb shall be allowed on any lot having less than a
one-hundred-foot frontage. On circular driveways, two drop cubs will
be allowed on lots greater than one-hundred-foot frontage. No curb
drop shall be wider than 20 feet.
D.
All parking and storage shall be located at least five feet from
a property line.
E.
Asphalt or other hard surfacing is limited to driveways, parking
areas, storage areas, walkways and patios. The total of all hard surfacing
shall not exceed 25% of the available lot area.
F.
Any motor vehicle parked or stored shall have a valid DMV registration
except those vehicles stored in a fully enclosed garage.
G.
A total of two recreation vehicles, as defined herein, may be stored
or parked within a residential district provided that the following
requirements are met:
(1)
Such recreational vehicles shall be parked, stored within the side
or rear yard only of the subject premises upon which the owner of
said vehicle(s) reside;
(2)
Recreational vehicles as defined herein must be kept licensed, registered
and in proper repair and may not be used for living purposes, or for
storage of materials other than those which are customarily used in
conjunction with said vehicle.
(3)
Construction equipment and vehicles are prohibited from being stored
within a residential district.
(4)
Storage and/or parking of recreational vehicles shall be on an asphalt
paved, concrete or concrete paver surface and must meet the minimum
required setbacks for accessory structure per the particular residential
zone, but in no case shall it be less than 10 feet when stored or
parked in the side yard.
A.
Vehicles(s) owned by a resident of the property may do vehicle repairs.
B.
Repairs shall be limited to minor vehicle repairs only. Major vehicle
repairs are strictly prohibited unless within a totally enclosed garage.
C.
Inoperable vehicles can only be stored on the driveway for 72 hours
(three days). If the vehicle is not repaired by then, the inoperable
vehicle shall be stored in the garage, out of public view.
D.
Vehicle repair is not allowed on the public right-of-way (street,
parkways [the area between the sidewalk and the curb] or sidewalk),
or the front lawn. All work must be done on the driveway or inside
the garage.
Commercial vehicles, recreational vehicles, buses, ambulances,
vans, limousines, trucks, trailers and construction equipment and
similar vehicles shall not be permitted to be stored in any nonresidential
district unless owned by the property owner of a permitted use in
the zoning district. Storage and/or parking of all vehicles shall
be on an asphalt paved, concrete or concrete paver surface and must
meet the minimum required setbacks for accessory structure per the
particular zone. All such vehicles must be stored/parked in the rear
yard area only.
A.
Applicability of regulations. The following regulations shall apply
to all signs and outdoor advertising except where specifically provided
in district regulations.
B.
Sign erection permit required. No sign, either permanent or temporary,
shall be constructed or displayed unless a sign construction permit
shall have first been obtained from the Zoning Officer and, where
sign construction is involved, unless a building permit shall have
first been obtained from the Construction Official, unless specifically
exempted. When a business use removes from a structure or land all
nonconforming signs pertaining to that business, any new sign erected
at such location shall comply with the requirements of this chapter.
C.
Regulations applicable to all zones. The following general provisions
are applicable to all zones:
(1)
Unless otherwise provided for, all signs shall relate to the premises
on which they are erected.
(2)
Any signs not specifically permitted are hereby prohibited.
(3)
Signs, whether portable, permanent or temporary, other than municipal,
county or state signs, shall not be erected within the right-of-way
of any street or approved sight easements, nor shall any sign be located
so as to constitute a traffic hazard.
(4)
The top of freestanding signs shall be no higher than 80% of the
height limit of principal structures permitted in the zone where located
or 25 feet, whichever is less. Signs attached to a principal structure
shall not extend above the roofline or parapet. Where the face of
a sign has openings or is of an irregular shape, the area of the sign,
exclusive of supporting members, shall be considered as the total
area of the smallest rectangles that can enclose the sign.
(5)
The area of a sign shall be computed as the total square foot content
of the background upon which the lettering illustration or display
is presented. If there is no background, the sign area shall be computed
as the product of the largest horizontal width and the largest vertical
height of the lettering, illustration or display. No portion of the
supporting members of any sign which is used solely for such purpose
shall be included when computing the area of any sign. For signs with
two display faces, the maximum area requirement shall be permitted
for each face.
(6)
The use and display of strings or streamers or flags, pennants or
spinners or similar objects and devices across, upon, over or along
any premises or building, whether as a part of any sign or for advertising
or public attraction or otherwise, is prohibited in any zone.
(7)
The "vertical height" of a sign shall mean and include the largest
vertical height of the background upon which the lettering, illustration
or display is presented. This shall not include the supporting members
of any sign which are used solely for such support. If the letters,
illustration or display are attached directly to the face of a building,
the height of the sign shall be the height of the largest letter,
illustration or total display, whichever is the greater.
(8)
Freestanding signs shall not be supported with guy wires.
(9)
Advertising or identification of an establishment painted on the
surface of a building shall be considered part of the regulation of
this chapter.
(10)
Signs attached to the side of a building shall not extend more
than 12 inches from the face of the building.
(11)
Whenever a sign becomes structurally unsafe or endangers the
safety of the building or the public, the Construction Official shall
order such sign to be made safe or removed. Such order shall be complied
with within five days of the receipt thereof by the person, firm or
corporation owning or using the sign or the owner of the building,
or premises on which such unsafe sign is affixed or erected.
(12)
Signs shall not be painted on or affixed to water towers, storage
tanks, smokestacks or similar structures.
(13)
The area surrounding ground signs shall be kept neat, clean
and landscaped. The owner of the property upon which the sign is located
shall be responsible for maintaining the condition of the area.
(14)
Facade signs and freestanding signs for office, commercial and
industrial uses may be internally illuminated.
(15)
One nonflashing sign identifying a church, public building,
playground or other such permitted use and not exceeding 10 square
feet in area on any one side and located not less than 10 feet from
any street or property line shall be permitted for each of the aforementioned
permitted uses.
(16)
A free-standing sign shall have a vertical clearance between
the average ground level beneath the sign and the bottom edge of the
sign of eight feet or greater or the top of the sign shall not extend
more than three feet above the average ground elevation.
(17)
Signs, as part of an awning, canopy or marquee are permitted
within the CB, CRD or HB zones and shall be included when calculating
the total sign area.
D.
Prohibited signs. The following sign are prohibited:
(1)
Moving or revolving signs and signs using waving, blinking, flashing,
vibrating, flickering, tracer or sequential lighting, except for time-and-temperature
signs and changeable copy displays.
(2)
Signs using words such as "stop" or "danger" or any other sign which,
in the judgment of the Police Chief of the Borough, constitutes a
traffic hazard or otherwise interferes with the free flow of traffic.
(3)
Roof signs.
(4)
Signs advertising a product or service not sold on the premises,
signs advertising or directing attention to another premises and any
other sign not related to the premises on which the sign is erected.
(5)
Signs obstructing doors, fire escapes or stairways or keeping light
or air from windows used for living quarters, or causing interference
with radio or television reception.
(6)
Signs placed in awnings, trees, fences, utility poles or signs attached
to other signs.
(7)
The use of flags, banners and pennants.
(8)
No sign shall be placed on, erected on, or attached to the roof or
rooftop of any building or structure. Exception: Signs may be attached
to a Mansard roof or Mansard roof type building facade; but may not
project above the highest elevation of the Mansard roof or Mansard
roof type building facade.
(9)
Except as otherwise expressly permitted in and by the provisions
of this chapter, no sign shall be placed or located or displayed upon
any public sidewalk or within the limits of any public street or right-of-way
or project over any sidewalk or public right-of-way.
E.
Permitted signs: single-family residence zones and single-family
units, PO, PRD, MF, wherever situated.
(1)
Nameplate and identification signs for single-family dwellings. A
sign indicating the name or address of the occupant may be permitted,
provided that the sign shall be no larger than four square feet. Only
one sign per dwelling unit is permitted in addition to a mailbox identification
sign.
(2)
Religious institutions, hospitals, nursing homes, private schools
and service organizations may have one freestanding or wall sign not
exceeding 20 square feet in area.
(3)
Temporary non-illuminated real estate signs announcing the sale,
lease or rental of the premises on which the sign is located, not
exceeding 620 square inches in area.
(4)
A permanent sign as approved by site plan review indicating the name
of the development.
F.
Permitted signs in HB, I and IQ Zones. In addition, signs as hereinafter
regulated are permitted, provided that no sign shall be permitted
which is not accessory to a use, business, product, commodity, service,
activity or entertainment and manufactured products sold or conducted
on the property, and then only if the following requirements are complied
with.
(1)
The total area of all signs affixed to a structure shall not exceed
7% of the building front facade of the structure, or 50 square feet,
whichever is less. The Planning Board may permit a total sign area
of up to 10% of the building front facade if, in the Planning Board's
judgment, such additional area shall assist in developing a harmonious
and integrated sign plan in accordance with the goals and objectives
of this subsection.
(2)
For grouped uses (shopping centers), on a single property: One freestanding
sign advertising the center and the tenants shall be permitted not
exceeding a total of 150 square feet. No sign shall exceed 25 feet
in height at its uppermost edge.
(3)
For one use on a single property: One freestanding sign shall be
permitted not exceeding 75 square feet in area. No sign shall exceed
25 feet at its uppermost height.
(4)
No sign shall be located closer than 10 feet to any lot line.
(5)
Only those signs identifying the name, business, occupant, service,
address or product offered or sold on the premises shall be permitted
to be erected. Coming events, community bulletin boards and time-and
-temperature signs shall also be permitted.
(6)
Any location where business goods are no longer sold or produced
or where services are no longer provided shall have 90 days to remove
any remaining or derelict on-premises signs following notification
by the Borough and at the expense of the owner of such property. Where
due written notification has been given by the Borough and compliance
has not been made within the required ninety-day period, the Borough
may cause removal of such sign and charge the cost of such removal
to the owner.
G.
Permitted signs in CB, CRD and PO Zones. The same as Subsection F above, except as follows:
(1)
In CB, CRD and PO Zones, the total area of all signs, both affixed
to a structure and freestanding, shall not exceed 25 square feet.
(2)
Any illumination of signs in the PO Zone shall be incandescent and
the source of light shall be shielded so as not to interfere with
traffic or with the comfort of persons in neighboring structures.
H.
Temporary signs.
(1)
Signs advertising construction or alteration of residential buildings.
No temporary sign which advertises the construction or alteration
of a residential building shall be larger than 24 square feet in area
and must be removed prior to the issuance of the certificate of occupancy
of the building or structure for which the building permit was issued
or before the first certificate of occupancy is issued, if said premises
are subject to more than one occupancy and, in any event, not later
than one year from the date of issuance of the permit for said temporary
sign, whichever period of time is less.
(2)
Temporary signs advertising major subdivisions. Any sign advertising
a major subdivision comprising three or more home sites shall not
exceed 24 square feet in size and shall be removed within one year
after an occupancy permit has been issued for the first residence
constructed in said subdivision or one year from the date of the issuance
of the permit for the erection of said temporary sign, whichever period
is less.
(3)
Temporary signs advertising nonresidential construction. A temporary
sign advertising the construction or alteration of a commercial, business,
institutional or industrial structure and which is intended to be
displayed prior to or during such period of construction or alteration
shall not exceed 100 square feet in area and shall be removed when
the first certificate of occupancy for said building or structure
or unit or portion thereof is issued, if the same is to be subject
to more than one occupancy, or one year from the date of issuance
of the permit for said temporary sign, whichever period is less.
(4)
Temporary real estate or rental signs. One sign only advertising
that a property is for sale or for rent or by whom it has been sold
or rented may be placed on any property in any zone and must comply
with the following requirements:
(a)
It shall not be illuminated.
(b)
It shall pertain only to the lease or sale of the property upon
which it is placed.
(c)
For any property in nonresidential zones, the maximum size of
the sign shall not exceed 24 square feet.
(d)
It shall be removed within seven days after the signing of a
lease or the transfer of the title of the advertised premises.
(e)
No sign construction permit shall be required for real estate
signs to be erected and displayed in accordance with provisions of
this subsection, but a zoning permit is required for any temporary
real estate sign that is not for a single-family detached residence.
I.
Temporary signs advertising public and charitable purposes and events.
Temporary signs advertising public or charitable purposes or events
may be placed on property owned by an organization conducting the
event or on property taxed or zoned for business or light manufacturing
use, subject to the following requirements:
(1)
No sign shall be erected more than 28 days before the event is to
take place, and all signs shall be removed within seven days after
the event.
(2)
The sign shall not exceed 32 square feet in area. Construction permits
are required, but the fees shall be waived.
(3)
The owner of the property where the sign is located shall not charge
for the privilege of having the sign on the property.
(4)
The application for the sign shall contain the signature of the owner
of the property, indicating consent, and the signature of an authorized
representative of the organization, indicating the organization is
responsible for the sign.
In the event of a conflict between a specific district regulation
and a regulation set forth in this chapter, the specific district
regulation shall prevail.
A.
Whenever a nonconforming use has been abandoned, such use shall not
thereafter be reestablished, and any subsequent use shall be in conformity
with the provisions of this chapter.
B.
Once changed to a conforming use, no building or land shall revert
to a nonconforming use. No nonconforming use, building or structure
shall be changed to another nonconforming use.
C.
Any nonconforming use or structure existing at the time of the passage
of this chapter may be continued upon the lot or in the building so
occupied and any such structure may be restored or repaired in the
event of partial destruction, provided that such destruction does
not exceed 51% of the structure as determined by the Borough Engineer
and Building Inspector. When restoration can be made within the limitation
as set forth above, such work must be completed within six months
of the date of destruction. If not completed within that time, the
restoration of the nonconforming use or structure will be prohibited.
D.
A nonconforming use shall not be extended, but the extension of a
lawful use to any portion of a nonconforming building which existed
prior to the effective date of this chapter shall not be deemed the
extension of such nonconforming use.
