A.
Nursing homes, congregate care and assisted living facilities. Applications
for these uses as a permitted principal use shall comply with the
following:
(1)
Area and bulk regulations for all nonresidential districts:
(a)
Minimum lot area: 80,000 square feet.
(b)
Minimum lot width: 200 feet.
(c)
Minimum lot depth: 200 feet.
(d)
Minimum front yard: 50 feet.
(e)
Minimum side yards: 25 feet.
(f)
Minimum rear yards: 50 feet.
(g)
Maximum building coverage: 30%.
(h)
Maximum impervious coverage: 65%.
(i)
Maximum building height (stories/feet): three stories/36 feet.
B.
Child-care facilities. Applications for freestanding child-care centers
as a permitted principal use shall comply with the following:
(1)
Area and bulk regulations for all nonresidential districts:
(a)
Minimum lot area: 10,000 square feet.
(b)
Minimum lot width: 100 feet.
(c)
Minimum lot depth: 100 feet.
(d)
Minimum front yard: 35 feet.
(e)
Minimum side yards: 25 feet.
(f)
Minimum rear yards: 50 feet.
(g)
Maximum building coverage: 30%.
(h)
Maximum impervious coverage: 65%.
(i)
Maximum building height (stories/feet): two stories/30 feet.
(2)
A minimum of 15 square feet of outdoor play area per child per
play shift shall be provided. Play areas shall be permitted in the
rear and side yards only and shall be enclosed by a fence at least
four feet in height and landscaped and screened from adjoining properties.
(3)
The proposed outdoor area shall be designed with sufficient
dimensions and orientation to enable its conversion to a parking area
which would serve the building if it were occupied for an alternative
permitted use. An applicant for a day-care facility shall be required
to submit a sketch layout indicating the prospective conversion of
play area to a parking use, including the location of access aisles,
stall dimensions, location of parking spaces and provisions of an
area for perimeter landscaping, as provided by ordinance.
(4)
One off-street parking space shall be provided for every 10
children which the center is designed to accommodate, plus one space
per employee at peak shift.
(5)
Such facility shall comply with all applicable governmental
requirements and shall be licensed by the New Jersey Department of
Human Services.
(6)
A child-care facility may be permitted to occupy an entire building
or a portion of an existing building which is partially occupied by
other uses, irrespective of any other ordinance limitations on the
number of principal permitted uses allowed on a lot.
(7)
The floor area occupied by a child-care center in any building
for which the child-care center is an accessory use shall be excluded
in calculating any parking requirement otherwise applicable to that
amount of floor space and shall be excluded from the permitted floor
area ratio allowable for that building.
C.
Townhouses. Townhouse developments shall comply with the following:
(1)
Minimum lot area: three acres.
(2)
Minimum lot frontage: 300 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Maximum density: 12 dwelling units per acre.
(5)
Maximum units per building: seven.
(6)
Maximum building height (stories/feet): 2 1/2 stories/35
feet.
(7)
Minimum parking spaces: one garage space, one driveway space,
plus one visitor space per three units.
(8)
Maximum building length: 175 feet.
(10)
Minimum building setback from public right-of-way: 25 feet.
D.
Hospitals and medical schools shall comply with the following:
[Amended 12-17-2002 by Ord. No. 02-19; 4-22-2008 by Ord. No. 08-10]
(1)
Minimum lot area: 20 acres.
(2)
Minimum lot frontage: 500 feet.
(3)
Minimum lot depth: 300 feet.
(4)
Minimum front yard: 95 feet.
(5)
Minimum side yard (each/total): 35 feet/100 feet.
(6)
Minimum rear yard: 20 feet (existing)/95 feet (new construction).
[NOTE: Twenty-foot setback for building conditions existing as of
the date of Ordinance No. 08-10. New construction shall be required
to have a minimum ninety-five-foot setback.]
(7)
Maximum floor area ratio: 0.91.
(8)
Maximum building height (stories/feet): five stories or 65 feet,
whichever is less.
(9)
Maximum building coverage: 40%.
(10)
Maximum impervious coverage: 70%.
E.
Multifamily dwelling units. Multifamily developments shall comply
with the following:
[Added 12-17-2002 by Ord. No. 02-19]
(1)
Minimum lot area: three acres.
(2)
Minimum lot frontage: 300 feet.
(3)
Minimum lot depth: 200 feet.
(4)
Maximum density: 24 dwelling units per acre.
(5)
Maximum units per building: 12.
(6)
Maximum building height (stories/feet): three stories/35 feet.
(8)
Maximum building length: 180 feet.
(10)
Minimum building setback from public right-of-way: 75 feet.
A.
Accessory structures and uses in residential districts. No accessory
building or structure shall be built on any lot on which there is
not a principal building or structure.
(1)
Accessory structures or uses shall not be located in the required
front yard or within the front half of the side yard of any residential
zone and may be erected anywhere within the required rear yard, except
as provided herein:
(a)
In all residential zones, the following shall apply: All sheds
100 square feet or less shall be a minimum of five feet from a side
or rear property line and require only a zoning permit. Sheds and
accessory buildings greater in size than 100 square feet but less
than 450 square feet shall be a minimum of five feet from a side or
rear property line. All sheds and accessory buildings on a corner
lot shall be in the corner of the property furthest from the streets.
All accessory structures over 450 square feet shall be a minimum of
10 feet from a side or rear property line. All garages on a corner
lot shall meet the minimum bulk requirements. The maximum number of
accessory sheds and detached garages is limited to a total of two
on a single-family residential property.
[Amended 9-4-2001 by Ord. No. 01-19; 12-17-2002 by Ord. No. 02-19; 1-18-2011 by Ord. No. 11-04; 6-25-2013 by Ord. No. 13-15]
(b)
An accessory structure shall be set back minimally 10 feet from
the principal building.
(c)
Light posts, mailboxes, signs, or walls, fences, and retaining
walls 18 inches or less shall be permitted in the required front yard
of any residential use. Off-street parking is also permitted in a
front yard, restricted to the driveway area, which shall not exceed
the width of the dwelling's garage.
(2)
Maximum height for all accessory structures other than garages
is 10 feet, measured from the highest point of the structure to grade.
Maximum height for all accessory garages is 10 feet to the top of
the highest roof beams for flat roofs and 15 feet from the highest
point of the peaked roof of the structure to grade.
[Amended 9-4-2001 by Ord. No. 01-19[1]]
[1]
Editor's Note: This ordinance also provided for the repeal
of original Subsection A.3, which immediately followed this subsection.
(3)
When an accessory structure or use is attached to the principal
building, it shall comply in all respects with the requirements of
this chapter applicable to the principal building or use.
(4)
In the case of a through lot, no accessory structure or use
shall encroach upon that fourth of the lot depth nearest each street
upon which the lot has frontage.
(5)
No accessory structure shall be used for human habitation.
(6)
No more than one accessory building per lot is permitted, provided
a lot may contain a freestanding garage and a shed.
B.
Accessory structures and uses in nonresidential districts. No accessory
building or structure shall be built on any lot on which there is
not a principal building or structure.
(1)
Accessory structures or uses shall not be located in the required
front yard of a nonresidential zone, except that off-street parking
spaces shall be permitted.
(2)
Accessory structures or uses shall not be located within five
feet of a side or rear lot line. Accessory structures shall be minimally
15 feet from the principal building.
(3)
No off-street loading area or loading facility shall be permitted
in a front yard.
(4)
No accessory structure or use in a nonresidential zone shall
exceed a height of 15 feet, except as provided elsewhere in this chapter.
[Amended 9-4-2001 by Ord. No. 01-19]
(5)
In any nonresidential zone, when an accessory structure or use
is attached to the principal building, it shall comply in all respects
with the requirements of this chapter applicable to the principal
building or use.
(6)
No accessory structure or use shall occupy an area greater than
20% of the area of the rear yard.
C.
Private garages. There shall be erected with every single-family
detached dwelling at least a two-car garage, which may be attached
to, detached from or constructed beneath the dwelling, subject to
the following conditions:
D.
Temporary storage containers shall only be permitted subject to the
following:
[Added 12-18-2007 by Ord. No. 07-23]
(1)
Time. For periods of 14 days or less, no permit shall be required.
However, the property owner shall comply with local code requirements.
(2)
Location. Temporary storage containers shall be placed only
in the driveway, allotted parking spaces, or other paved areas of
the property which are not located in the right-of-way and do not
obstruct the sidewalk. The following provisions shall also apply:
(a)
No temporary storage container shall be located within three
feet of a property line.
(b)
Temporary storage containers shall be offset at least 10 feet
from the principal building.
(c)
A temporary storage container or containers shall not occupy
an area greater than 10% of the area of the front, side or rear yard
of which it is located.
(d)
Whenever feasible, the applicant shall utilize existing buffers
when determining the location for a temporary storage container in
order to screen the container from adjoining properties.
(e)
Temporary storage containers shall not obstruct circulation
for vehicles, particularly emergency vehicles.
(h)
No container shall remain for a period greater than 30 days,
plus two renewals of 30 days each.
(3)
Size. A temporary storage container shall not be larger than
eight feet wide or 20 feet long or 150 feet in total area and shall
be no higher than eight feet from grade.
(4)
Use.
(a)
The use of any temporary storage container shall be confined
to the property owner or legal tenant whose property the container
is placed upon. The containers are intended to store common household
items.
(b)
The following items are expressly prohibited from being stored
or kept within a temporary storage container:
(c)
Signage for any temporary storage container shall comply with
the following:
[1]
A temporary storage container shall have no signage other than
the name, logo, address and telephone number of the person or firm
engaged in the business of renting or otherwise placing the temporary
storage container; and
[2]
The sign must be permanently adhered to or painted on the temporary
storage container.
(5)
Lighting. There shall be no lighting fixtures attached to a
temporary storage container, nor shall any lighting fixture be solely
utilized to light a container. In addition, no electrical service
shall be attached or brought to the temporary storage container.
E.
Hothouses or greenhouses. A hothouse or greenhouse shall be used
only for raising or growing of horticultural or agricultural products
to be used on the premises and not sold therefrom and must not be
closer to side or rear lot lines than 10 feet.
F.
Swimming pools and tennis courts.
(1)
Swimming pools above grade or in-ground and used exclusively
for private purposes shall be located or situated behind any rear
wall of the house. Pools shall not be permitted between the side property
line and the adjacent side wall of the dwelling which is closest to
the property line. Said pool is required to be a minimum distance
of 15 feet from side and rear lot lines. In addition, all pools shall
be a minimum of 10 feet from any principal structure and five feet
from an accessory structure.
[Amended 9-4-2001 by Ord. No. 01-19]
(2)
The installation of lights for tennis courts is prohibited.
(3)
Swimming pools and tennis courts shall be suitably fenced.
(5)
Temporary accessory swimming pools are defined as pools that
are inflatable or have such structure that does not require being
set into existing grade or require ground reinforcement or footings,
are disassembled at the end of each season and are used exclusively
for private purposes. Such a temporary accessory swimming pool shall
be capable of containing more than 24 inches of water and have a filter
system. A temporary accessory swimming pool is permitted in the R-1
Detached Single-Family Residential District by a temporary use permit.
Said temporary accessory swimming pool permit shall comply with the
applicable regulations as identified herein, with the following exceptions:
[Added 7-16-2013 by Ord. No. 13-19]
(a)
Time period and applicability. A temporary use permit for a
temporary accessory swimming pool shall be required to be obtained
from the Zoning Officer. A temporary accessory swimming pool shall
be permitted for a time period of no more than 120 days. However,
the application for a temporary accessory swimming pool shall comply
with local code requirements, such as electrical, plumbing and fence
requirements, and applicable state and federal regulations that may
control such structures and their location.
(b)
Location. Temporary accessory swimming pools are permitted in
the rear yard area in compliance with all applicable setbacks set
forth herein. An exception is permitted wherein if a temporary accessory
swimming pool is to be located on a corner lot wherein a front yard
is adjacent to such rear yard area, the temporary accessory swimming
pool shall be set back at a minimum of 1/2 of the front yard setback
requirement in the zone wherein the pool is to be located.
(c)
Size. A temporary accessory swimming pool shall not be larger
than 475 square feet and shall be no higher than six feet from the
top of the pool to existing grade at the highest point.
G.
Fences and walls.
(1)
No fence or wall shall be erected, altered or constructed in
any residential zone which shall exceed six feet in height above predisturbed
ground level. No fence shall exceed a height of four feet nor be less
than 50% open in the front yard. Retaining walls or landscape walls
shall not exceed a height of three feet in the front yard.
[Amended 1-18-2011 by Ord. No. 11-04]
(2)
No fence or wall shall be erected, altered or constructed in
any nonresidential zone which shall exceed six feet above ground level.
(3)
Notwithstanding the above provisions, no fence or wall shall
be erected, altered or constructed in any zone which shall violate
the provisions set forth regarding sight triangles.
(4)
Fences surrounding the perimeter of tennis courts shall be exempt
from the above requirements. Said fence shall not exceed 14 feet in
height above ground level.
(5)
The finished side of a fence shall face the adjoining properties.
(6)
All fences permitted by this subsection and all walls under
four feet to one foot six inches in height shall require a zoning
permit only. All proposed retaining walls four feet and over in height
require review and approval from the Borough Engineer and the Building
Department.
[Amended 9-4-2001 by Ord. No. 01-19; 1-18-2011 by Ord. No. 11-04; 6-25-2013 by Ord. No. 13-15]
(7)
No fence shall contain barbed wire, razor ribbon, metal spikes
or electrified materials or be constructed of a material which may
be dangerous to persons or animals.
(8)
Retaining walls shall be subject to the following additional
requirements:
(a)
Retaining walls shall not have any continuous exposed wall face
in excess of four feet in height measured from the lowest elevation
of the finished grade.
(b)
In any embankment which is constructed by the use of retaining
walls, each wall shall also be subject to a maximum height limitation
of four feet and shall be tiered at every four-foot interval of height.
[Amended 9-4-2001 by Ord. No. 01-19]
(c)
The top of a retaining wall of a group of tiered walls shall
have a fence or substantive planting element, minimally four feet
in height, so as to create an appropriate safety barrier.
(d)
Shrubs and/or ornamental or evergreen trees shall be required
at each tier level to minimize the appearance of the wall's height
and mass and to enhance the aesthetics.
[Amended 9-4-2001 by Ord. No. 01-19]
(e)
There is no setback requirement from property lines for retaining
walls. No such retaining wall, however, shall be permitted to interfere
with safe sight distance.
[Amended 9-4-2001 by Ord. No. 01-19]
H.
Child-care center facilities. Application for a child-care center
as a permitted accessory use shall comply with the following: A child-care
center shall be permitted to occupy as an accessory use a portion
of a building which is occupied as a principal permitted use in all
nonresidential zones. This use shall be available to the occupants
of the building and may also be available to others, provided that:
(1)
The facility is licensed by the New Jersey Department of Human
Services.
(2)
Outdoor play space requirements for children older than 10 months
shall be as follows: a minimum of 150 square feet per child attending
for three or more consecutive hours. When more than five children
are using the space at one time, there shall be 30 square feet of
space for each additional child in addition to the one-hundred-fifty-square-foot
requirement.
(3)
Play areas shall be permitted in the rear and side yards only
and shall be enclosed by a fence at least four feet in height and
landscaped and screened from adjoining properties.
(4)
The area and bulk requirements applicable to the zone in which
the site is located shall be complied with.
(5)
No more than 30% of a building shall be occupied as a day-care
center.
(6)
No additional parking shall be required.
I.
Home-based businesses. Home-based businesses shall be permitted in
all residential zone districts, provided there is compliance with
the following:
(1)
The use is limited to office use only, provided that this provision is only intended for such incidental activities as a virtual office. Any observable business activity, except for the parking of permitted commercial vehicles as permitted pursuant to § 195-165D(10)(d), is unlawful under this subsection.
(2)
The use is operated by or employs in the residence only a resident(s)
who is a permanent full-time resident of the dwelling and no other
persons.
(3)
No nonresident employees, customers or business invitees or
guests shall visit the dwelling unit for business purposes.
(4)
The use shall be located in only one room of the dwelling unit,
which shall not be served by an entrance separate from the household.
(5)
Interior storage of materials shall consist only of office supplies.
(6)
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including but not limited to parking, storage, signs or lights. This subsection is not intended to prohibit the parking of commercial vehicles in residential zones consistent with the limitations contained in § 195-165D(10)(d).
[Amended 7-24-2007 by Ord. No. 07-06; 10-2-2007 by Ord. No. 07-19]
(7)
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
(8)
The use does not require an increased or enhanced electrical
or water supply.
(9)
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
(10)
The capacity and quality of effluent is typical of normal residential
use and creates no potential or actual detriment to the sanitary sewer
system or its components.
(11)
Delivery trucks shall be limited to United States Postal Service,
United Parcel Service, Federal Express and other delivery services
providing regular service to residential uses in the zone district.
(12)
All vehicular traffic to and from the home-based business is
limited in volume, type and frequency to what is normally associated
with residential use in the district.
(13)
No use involving motor vehicles with commercial plates shall
constitute a home-based business unless the vehicles are registered
and garaged elsewhere, off site.
J.
Building-mounted
solar energy systems. Such systems may be installed only as an accessory
use on a permitted principal use. Solar energy systems may be installed
only as an accessory use on the roof of a permitted principal or accessory
structure. Solar energy systems installed as an accessory use upon
a roof shall comply with the following zoning requirements:
[Added 3-2-2021 by Ord. No. 21-1]
(1)
Permit
requirements.
(a)
Before any solar panel may be installed, plans for such installation
shall be submitted to the Borough Building Department and Borough
Fire Official. No solar panel shall be installed without a permit
issued by the Borough.
(b)
The design of the solar energy system shall conform to all applicable
industry standards, including the New Jersey Uniform Construction
Code, the International Building Code, the National Electric Code
and the Borough building or zoning regulations. The applicant shall
submit certificates of design compliance obtained by the equipment
manufacturer from a certified organization, and any such design shall
be certified by an engineer registered in the State of New Jersey.
The manufacturer specifications shall be submitted as part of the
application.
(c)
When the requirements imposed by any applicable code are either in
conflict, more stringent or impose additional design standards than
the requirements contained within the Borough Zoning Ordinance, then
the requirements of the other applicable code shall govern and shall
supersede requirements contained in the Borough Zoning Ordinance.
(2)
Installation
requirements.
(a)
All solar panels shall be mounted on a roof. Solar panels installed
upon a sloped roof shall not exceed a height of 18 inches above the
surface of the roof in all zones where permitted.
(b)
A roof-mounted solar panel mounted onto a flat roof may be angled
to achieve maximum sun exposure but shall not exceed 18 inches above
the roof surface in the R-1, R-2 and R-3 Zones and 36 inches in all
zones. No such mounted solar panel shall be included in the calculation
of building height it is attached to unless it exceeds the maximum
height permitted herein.
(c)
If required, roof-mounted solar panel installations shall be designed
and constructed to provide designated roof walkways for emergency
responders. Roof access pathways shall be located at structurally
strong locations on the building capable of supporting the live load
of firefighters accessing the roof.
(d)
Roof-mounted solar panels must be installed in such locations so
as to provide for roof access points to designated roof walkways in
areas that do not require the placement of ground ladders over or
in front of openings such as windows or doors, and located at strong
points of building construction that are not in conflict with overhead
obstructions such as tree limbs or wires.
(e)
All roof-mounted panels shall be installed at least three feet from
every edge of the roof and provide access walkways depending on the
style of roof construction pursuant to the most recent edition of
the New Jersey International Building Code.
(f)
Solar panels shall be placed such that concentrated solar radiation
or glare shall not be directed onto adjacent or nearby properties,
businesses, dwellings or roadways.
(g)
Except for the solar panels and electrical wiring systems, all other
ancillary equipment associated with a solar energy system shall be
located within a building.
(h)
Conduit, wiring systems, and raceways for photovoltaic circuits shall
be located as close as possible to the ridge or hip or valley and
from the ridge, hip or valley as directly as possible to an outside
wall to reduce tripping hazards and maximize ventilation opportunities.
Conduit runs between subarrays and to DC combiner boxes shall be installed
in a manner that minimizes the total amount of conduit on the roof.
(i)
An external disconnect switch, readily accessible by emergency responders,
and which is clearly identifiable and unobstructed, shall be provided
to disconnect power at the solar panel.
(j)
Marking is required on all interior and exterior direct conduit,
enclosures, raceway, enclosures, cable assemblies, junction boxes,
combiner boxes and disconnects to alert emergency first responders
to avoid cutting them.
(k)
Marking is required on all interior and exterior direct conduit,
enclosures, raceway, enclosures and cable assemblies every 10 feet,
within one foot of turns and bends and within one foot above and below
penetrations of roof/ceiling assemblies, walls or barriers.
(l)
The materials used for marking shall be reflective, weather resistant
and suitable for the environment. Marking shall have all letters capitalized
with a letter height 1/2 inch tall. Letters shall be white on a red
background.
(m)
Property owners shall provide the Borough Fire Official with a map
illustrating the location of the disconnect switch, as well as any
information regarding the vendor authorized to deactivate the solar
panel. The Borough Fire Official is herein authorized to request additional
information on the map or in a format specified by the Fire Official.
(n)
Solar energy systems shall be designed and sized to provide energy
for the principal use of the property whereon the solar energy system
is installed and shall not be for the generation of power for commercial
purposes. This provision shall not be interpreted to prohibit the
sale of excess power generated from time to time from an accessory
use solar energy system designed and sized to meet the energy needs
of the principal use located on the same property whereon the solar
energy system is installed.
(o)
Any approval of a solar energy system does not create any actual
or inferred solar energy system easement against adjacent property
owners and/or any existing or future buildings or structures on adjacent
properties. The owner and/or property owner of a solar energy system
shall not infer or claim any rights to protective writs to any caused
shadows or operating ineffectiveness against current or future development
adjacent to or higher than the property location of the solar energy
system. The approval of any solar energy system granted by a reviewing
agency of the Borough of Westwood or its employees and agents under
this article shall not create any future liability or infer any vested
rights to the owner and/or property owner of the solar energy system
on the part of the Borough of Westwood or by any officer or employee
thereof for any future claims against said issuance of approval of
the solar energy system that result from reliance on this article
or any administrative decision lawfully made thereunder.
A.
Places of worship. Churches, temples and other places of worship
shall be governed by the following regulations:
(1)
Minimum lot area: 25,000 square feet.
(2)
Minimum lot width and depth: 150 feet.
(3)
Minimum building setback, all lot lines: 30 feet.
(4)
Maximum building height: 35 feet (exclusive of steeple).
(5)
Maximum building coverage: 30%.
(6)
Maximum impervious coverage: 65%.
(7)
Minimum buffer width: 10 feet to all lot lines.
(8)
Minimum parking: one space/three seats.
(9)
Parking space location: prohibited in front yard; permitted
in side/rear yards, provided it is set back minimally 10 feet from
side and rear yard lines.
(10)
Accessory uses permitted: educational buildings.
B.
Public and private elementary and secondary schools shall be permitted,
subject to the following:
(1)
Minimum lot area: one acre.
(2)
Minimum lot width and depth: 200 feet.
(3)
Minimum building setback, all lot lines: 35 feet.
(4)
Maximum building height: two stories.
(5)
Maximum building coverage: 30%.
(6)
Maximum impervious coverage: 65%.
(7)
Minimum parking: one per five of pupil capacity in secondary
schools, one per 10 of pupil capacity in elementary schools, plus
one per employee and two per school bus to be parked.
(8)
Parking space location: prohibited in front yard; permitted
in side/rear yards, provided it is set back minimally 10 feet from
side and rear yard lines.
(9)
Minimum buffer: 10 feet to all lot lines.
(10)
Accessory uses permitted: private garage.
(11)
Miscellaneous: must meet regulations of National Code, Board
of Fire Underwriters; masonry construction.
(12)
Such school shall have as its prime purpose the general education
of students in the arts and sciences and shall be licensed by the
State Department of Education as required by law.
C.
Automobile body shops: screening required. Vehicles parked or standing
in other than a fully enclosed building, and all vehicles being repaired
or serviced in other than a fully enclosed building, shall be located
in an area completely surrounded by a six-foot-high fence, constructed
of such material that the fence shall serve as a complete and effective
screen, thereby preventing sight of any such vehicles from any street
or any adjoining lot.
D.
Gasoline and service stations.
(1)
An application for a gasoline service station shall contain
all of the data required for site plan review as set forth in this
chapter and shall include the following additional information: the
exact location of tanks, pumps, lifts and other appurtenances, if
any.
(2)
The lot shall be at least 400 feet, measured in a straight line,
from any boundary line of any property which is used as or upon which
is erected a public or private school or playground or athletic field,
place of worship, hospital, public use, theater, or fire station and
1,000 feet, measured in a straight line, from any boundary line of
a property which is used as a gasoline service station.
(3)
Gasoline or oil tanks or pumps may be located within the front
yard or front setback, but in no case shall they be closer than 12
feet to the property line where curbing exists and 20 feet to the
property line where no curbing exists, with entrance and exit points.
(4)
Driveways, exits, entrances, parking areas and areas used by
motor vehicles must be surfaced with an asphalt or bituminous pavement
which shall be graded and drained to dispose of all surface water
as approved by the Borough Engineer.
(5)
Mixed use. No part of any gasoline service station, wherever
located, shall be used for any use other than repair service and sales
of products directly connected with or related to motor vehicles.
(6)
Outdoor repair prohibited.
(a)
On any premises upon which a gasoline service or repair station
is located, all services or repairs to or for motor vehicles, other
than such minor items as the changing and filling of tires or the
sale of gasoline or oil, shall be conducted within the confines of
a building.
(b)
No gasoline service station shall permit its premises to be
used, hired or rented for the outdoor storage or parking of licensed
vehicles which have not been temporarily left in the custody of the
operator of the service station for service or repair, nor for overnight
storage or parking of any unlicensed or unregistered vehicle under
any circumstance.
(7)
Storage of flammable materials. Storage facilities for gasoline,
oil or other flammable materials in bulk shall be located wholly underground
and no nearer than 30 feet to any lot line or the street right-of-way
line and in no event any closer than prescribed by the New Jersey
State Fire Prevention Code, whichever is the more stringent. No gasoline
pump shall be located or permitted within any enclosed or semi-enclosed
building.
(8)
(9)
Open space. All gasoline service stations shall provide for
an unoccupied, landscaped open space area with a minimum width of
15 feet along all property lines The open space area shall be maintained
at all times. Off-street parking, outdoor storage or any use other
than as an open landscaped area shall be prohibited, except that entrance
and exit drives not to exceed 30 feet in width shall be permitted
in open space areas, subject to Planning Board approval.
(10)
Prohibitions.
(a)
There shall be no display or storage of materials, merchandise,
supplies or accessories, except for the outdoor storage of lubricants
in sealed cans, in any front, side or rear yard or in any open space
area, including but not limited to aisles, sidewalks, walkways, driveways,
exits and entrances.
(b)
Accessory buildings shall be prohibited, except that well houses,
pump houses and package septic systems shall be permitted.
(11)
Buffer strip. When a gasoline service station abuts a residential
district, a minimum twenty-five-foot buffer strip shall be provided,
with dense evergreen plantings at least six feet in height.
(12)
Vehicular access to or exits from a service station shall not
be closer to the intersection of any two streets than 50 feet, nor
shall any such drive be located within 30 feet of any boundary line
of any residential district or residential lot.
(13)
The provision of canopies, lighting, and building facade treatment
shall reflect the community's architectural character and aesthetics.
E.
Dwellings in the CBD District shall be subject to the following:
(1)
The maximum density for the residential use shall be as provided
in the R-1 District.
F.
Mixed-use developments in the O District shall be subject to the
following:
(1)
The minimum lot area shall be 2 1/2 acres.
[Amended 9-19-2006 by Ord. No. 06-08]
(2)
The site shall have frontage on a minimum of two streets.
(4)
The minimum front yard setback shall be 25 feet.
[Added 9-19-2006 by Ord. No. 06-08]
(5)
The minimum side yard setback shall be 15 feet each and 30 feet
combined.
[Added 9-19-2006 by Ord. No. 06-08]
(6)
There shall be a minimum buffer of 15 feet from all mixed-use
development parking lots to all tract lot lines.
[Added 9-19-2006 by Ord. No. 06-08]
G.
Quasi-public swim clubs shall be subject to the following:
[Added 9-4-2001 by Ord. No. 01-19]
A.
Any lawful conforming use which existed at the time of passage of
this chapter may be continued. However, none shall be enlarged, extended,
relocated, converted to another use or altered, except in conformity
with this chapter and as permitted below. Land on which a nonconforming
use or structure is located shall not be reduced in size, nor shall
any lot already nonconforming be made more nonconforming in any manner.
The applicant claiming a nonconforming right shall have the burden
of proof of all aspects to demonstrate the claim of existing nonconformity.
B.
The lawful use of any building or land existing at the time of the
enactment of this chapter may be continued, although such use does
not conform to the provisions of this chapter, subject to the following:
(1)
Abandonment. A nonconforming use shall be considered abandoned
if it is terminated by the owner, or if a nonconforming use involving
a structure or land is discontinued for 12 consecutive months, or
if a nonconforming building or use is subsequently changed to a conforming
use. The subsequent use of the abandoned building, structure and/or
land shall be in conformity with this chapter.
[Amended 9-4-2001 by Ord. No. 01-19]
(2)
Unsafe structure. Any structure or portion thereof declared
unsafe by a proper authority may be restored to a safe condition and
as regulated herein.
(3)
Maintenance may be made to a nonconforming use, structure or
lot, provided that the maintenance work does not change the use, expand
the building or the functional use of the building, increase the area
of a lot used for a nonconforming purpose or increase the nonconformity
in any manner.
(4)
A structure or use of land which is nonconforming in use shall
not be enlarged or extended in any manner whatsoever. A structure
or use of land that is nonconforming in a manner other than use may
be extended or enlarged in conformance with the provisions provided
herein and provided that the nonconformance is not further increased.
A structure on a lot that is nonconforming as to lot area and/or width
may be expanded so long as the expansion is in accordance with the
remaining provisions provided for herein.
[Amended 9-4-2001 by Ord. No. 01-19]
(5)
Restoration and repairs.
[Amended 11-23-2010 by Ord. No. 10-26]
(a)
Accessory buildings. Any accessory building, consisting of a
garage or shed, having been damaged or destroyed by fire, explosion,
flood, windstorm or other act of God and located upon property in
the R-1 Zone containing only a lawful permitted use, may be rebuilt
as a matter of right at the same location as said structure previously
existed, provided said reconstruction is commenced within one year
of the event which caused the destruction of the structure.
(b)
Any nonconforming principal building, structure or use existing
on the effective date of this subsection which has been damaged by
fire, explosion, flood, windstorm or act of God shall be examined
by the following three people: Borough Engineer, the owner or an architect
or engineer selected by the owner and a third person agreed to by
the Borough Engineer and owner. If the value of repairing the condition
is greater than 50% of the value of replacing the entire structure,
it shall be considered completely destroyed and may be rebuilt to
the original specifications only upon approval of a use variance.
(c)
Where the value of repairing the condition is determined to be less
than 50% of the value of replacing the entire structure, the nonconforming
structure or use may be rebuilt and used for the same purpose as before,
provided that it does not exceed the height, area and bulk of the
original structure. The reconstruction shall commence within 12 consecutive
months of the date the building was damaged or condemned, with the
reconstruction carried out without interruption; otherwise the damaged
structure shall not be rebuilt as a nonconforming use or building.
(6)
Changes. Once changed to a conforming use, no building or land
shall be permitted to revert to a nonconforming use.
C.
Vacant undersized lots.
[Amended 7-16-2002 by Ord. No. 02-09; 12-17-2002 by Ord. No. 02-19]
(1)
Any plot, as defined herein, at the time of the adoption of
this chapter, that fails to comply with the minimum area or minimum
lot width requirement of this chapter may be used for any use permitted
in said district in which it lies, provided that the following facts
are shown with respect to said lot:
(a)
The lot is in separate ownership at the time of the adoption
of this chapter.
(b)
Said lot has remained in separate ownership since prior to the
adoption of the earliest land use regulation within the Borough of
Westwood, rendering said lot nonconforming.
(c)
Throughout such period of time, no property contiguous to said
lot was owned legally or beneficially by any person owning the property
in question.
(d)
The owner of said lot shall have made a good faith written offer
to sell said lot at a stated fair and reasonable price to the contiguous
landowners within 90 days prior to the application for a building
permit thereon.
(e)
There exists at said location no vacant land which, if purchased
by the applicant, would reduce the nonconformity of the lot and for
which the applicant has failed to make a good faith binding written
offer of purchase at a fair and reasonable price within 90 days prior
to the application for a building permit.
(2)
It shall be further required that the percentage of the permissible
building coverage on the lot shall not be exceeded and that the applicable
off-street parking requirements are met. The side yard and height
provisions shall be reduced by 1/2 of the percentage that the area
or width, whichever is smaller, of the undersized lot bears to the
corresponding conforming requirement for the zone in which it is located,
except that, with regard to the side yard requirement, it shall not
be reduced to less than 40% of that required by this chapter, and
with respect to the height dimension, no building shall be required
to have a height less than 16 feet. Any construction pursuant to the
terms of this subsection shall constitute a conditional use in the
zone in which the property is located and shall be subject to the
procedures, including site plan review, regarding conditional uses.
