Except as may be specifically provided otherwise in this chapter,
the following provisions shall apply to the specific accessory buildings,
uses and/or structures for all residences in all residential and nonresidential
zones; provided, however, that except for improvement coverage requirements
herein, this article shall not apply to parking, signs and other accessory
structures regulated elsewhere in this chapter when such regulations
expressly or by clear implication supersede those in this article:
A.
No detached private garage shall be closer than three feet from the
rear or side property line, except where the detached private garage
is on a street side yard, in which case it shall be no closer to the
side property line than half of the established front yard depth pursuant
to this Part 3.
(1)
No detached private garage shall be closer than three feet from
the rear or side property line, except where the detached private
garage is on a street side yard in which case it shall be no closer
than half of the established front yard depth pursuant to this Part
3.
(2)
Detached private garages shall be limited to one story and shall
have a peaked roof with a maximum pitch of no greater than one on
one and shall not be larger than 500 square feet in the floor area.
No premises shall have more than one detached garage, regardless of
its size.
B.
Sheds. Sheds, as defined in Article 1, shall comply with the following:
(1)
Sheds shall be permitted only in the rear yard.
(2)
Sheds shall not be larger than 100 square feet in the floor
area, nor greater than 10 feet in height and no premises shall have
more than one shed, regardless of its size.
(3)
No shed shall be closer than three feet from the rear or side
property line, except where the shed is on a street side yard in which
case it shall be no closer than half of the established front yard
depth pursuant to Part 3.
C.
Gazebos. Gazebos are accessory structures and are subject to the
provisions of this article. Gazebos shall comply with the following:
(1)
Yard location. Gazebos shall be permitted only in the rear yard
or in the side yard for corner lots.
(2)
Gazebos shall not be larger than 100 square feet in the floor
area nor greater than 12 feet in height and no premises shall have
more than one gazebo, regardless of its size.
(3)
No gazebo shall be closer than 10 feet from any side or rear
property line, except where the gazebo is on a side street yard, in
which case it shall be no closer than half of the established front
yard depth pursuant to Part 3.
D.
Decks and patios. Decks and patios are accessory structures and are
subject to the provisions of this article. The following specific
requirements shall apply to decks and patios in all residential zones
and accessory to any residential use in a nonresidential zone:
(1)
Yard location. Decks shall be permitted only in the rear yard.
(2)
Setback requirements. Decks and patios shall be set back from
the side lot lines a distance equal to or greater than the distance
required for principal buildings.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Lighting. Artificial lighting shall be permitted, provided that
any lighting shall be placed so as to eliminate the transmission of
glare to adjoining properties or to adjoining streets, and provided
further that such lighting shall not be located higher than six feet
above the elevation of the deck floor.
(4)
Subfloor areas. The space between the floor of the deck and
the ground shall be screened with appropriate plantings or shrubbery
or shall be covered with a skirt of lattice or other material so that
open space between the deck and the ground, if any, is not visible.
Skirts, lattices or appropriate screening shall have at least one
inch and no more than three inches of ground clearance and shall provide
a method of human access under the deck or raised patio.
E.
Private swimming pools. Private swimming pools shall comply with
the following:
(1)
Use. Private swimming pools shall be designed and intended only
for the private use of the occupants of the premises and their guests
as a swimming pool.
(2)
Where permitted. Private swimming pools are permitted only in
the residential zone districts.
(3)
Location. Swimming pools shall be permitted only in the rear
yard. The swimming pool shall not be closer than five feet from any
side or rear property line. On corner lots, the swimming pool shall
be set back from the side street line a distance at least equal to
the street side yard setback requirement for a principal building.
(4)
Lighting. Artificial lighting shall be permitted below the surface
of the water and/or at a height not to exceed six feet above grade
level and any lighting above grade level shall be placed so as to
eliminate the transmission of glare to adjoining properties or to
adjoining streets.
(5)
Other provisions of law. All other provisions of state law and
Borough Code with respect to swimming pools shall be satisfied.
(6)
Exclusions. Hot tubs, wading pools, landscape pools and fish
pools are not swimming pools and are not required to meet the specific
requirements of this subsection, but are considered to be accessory
uses and must meet all other applicable requirements of this article.
F.
Hot tubs. Hot tubs are required to meet all the general requirements
for accessory uses as set forth in this section, provided the following
additional requirements shall be satisfied:
(1)
Location. Hot tubs shall be permitted only in the rear yard.
The hot tub shall not be closer than five feet from any side or rear
property line. On corner lots, the hot tub shall be set back from
the side street line a distance at least equal to the street side
yard setback requirement for a principal building.
(2)
In the event a hot tub is located within or adjacent to a deck,
the hot tub shall be required to comply with the requirements for
decks.
(3)
In the event a hot tub is constructed as a freestanding structure,
the hot tub shall be subject to the same setback requirements applicable
to swimming pools.
(4)
Hot tubs installed outside a building shall have a hard permanent
lockable cover which must be kept closed and locked when not in use.
G.
Game courts. Game courts involving a ball in play, such as but not
limited to private tennis courts, racquetball courts, paddleball courts,
platform tennis courts, handball courts, basketball courts and similar
recreational facilities, are conditional uses and shall be subject
to the following:
(1)
Location. The recreational facilities included in this subsection
shall be permitted only in the rear yard.
(2)
Coverage by recreational facilities. Except as may be otherwise
provided in this chapter, the total coverage by accessory buildings
and above-grade structures in the rear yard shall not exceed 25% of
the area of the rear yard. The foregoing coverage restriction shall
not be construed as permitting the total coverage by buildings and
above-grade structures or the total coverage by improvements on the
lot to exceed the maximum coverage permitted in the particular zone
district or for the particular use, as applicable, or as excluding
such coverage in the rear yard from the calculation of total coverage
by buildings and above-grade structures on the lot, or as excluding
such coverage from the calculation of total coverage by improvements
on the lot.
(3)
Setback. The recreational facility shall not be closer than
15 feet from any side or rear property line. On corner lots, the recreational
facility shall be set back from the side street line a distance equal
to or greater than the street side yard setback requirement for a
principal building.
(4)
Enclosures. The height of the recreational facility enclosure, if there be one, shall not exceed 15 feet. In the event the enclosure is greater than six feet high, the enclosure shall comply with the setbacks applicable to recreational facilities in Subsection G(3) above. Enclosures shall be of open chain link construction, shall not include slats or coverings, and shall include a top rail.
(5)
Lighting. No artificial lighting is permitted.
I.
Other miscellaneous residential accessory uses and structures. The
following regulations shall apply as specified:
(1)
Wading pools, sandboxes, trellises, seasonal temporary tents,
dog houses, kennel enclosures, patios, grape arbors, permanent barbecue
facilities, and other structures or uses customarily associated with
residential uses shall all be set back from any property line at least
five feet and shall not be located in the front or side yards; provided,
however, that patios may be located in any side yard. Notwithstanding
anything to the contrary set forth herein, temporary structures for
religious services may be located in the front, side and/or rear yards.
(2)
Bocci courts shall not be located in the front or side yards
and shall be at least five feet from any property line.
(3)
Playground equipment shall not be located in the front or side
yard, shall be no higher than 15 feet above the ground, and shall
be at least five feet from any property line.
(4)
Air conditioners and heat pumps, or portions thereof, which
are not mounted in the window or walls of a building or structure
but are placed upon the ground or on a ground-based platform outside
of a structure or building may not be located in the front yard. A
direct, same size replacement to an existing ground-based platform
of a heating, ventilation and/or air-conditioning unit does not require
approval from the Planning Board so long as no additional work is
to be completed at the time of the direct replacement. Such structures
shall be at least five feet from any property line. Any ground level
air conditioner, compressor, and/or heat pump shall be screened.
[Amended 12-6-2023 by Ord. No. 2023-26]
(5)
Generators shall be set back from the side lot lines a distance
equal to or greater than the distance required for principal buildings.
Any ground level generator shall be screened by an attractive and
appropriate wall, fence or planting of appropriate height and density
to obscure the generator from view of adjacent properties, which screening
shall be subject to the approval of the Zoning Officer. Generators
shall not be located in the front or front side yard on corner properties.
(6)
Basketball backboards may be fastened to the house. Movable
backboards shall not be positioned in such a manner to interfere with
either pedestrian or vehicular traffic. No basketball backboards shall
be located anywhere but on the individual owner's property and not
in the public right-of-way.
(7)
Mailboxes, artwork, gate posts, portable barbecues and planters
shall be exempt from the provisions of this article and any other
provision of this chapter.
(8)
Skateboard ramps. Any structure or ramp designed for use with
skateboards, whether on a temporary or permanent foundation, is prohibited
in all residential zone districts.
(9)
Other uses and structures. The Zoning Officer shall determine
the applicability of this chapter to accessory uses and structures
for residential use which are not specifically regulated herein.
All aboveground and underground bulk storage of liquefied petroleum
gases, gasoline, diesel fuel, kerosene, No. 2 fuel, fuel oil, chemicals
or similar hazardous, flammable or combustible liquids in any amount
is prohibited in all zone districts. Underground or basement storage
of up to 530 gallons of kerosene or No. 2 heating fuel used exclusively
for heating purposes on the premises is exempted from the above prohibition.
A.
Furthermore, and notwithstanding the above prohibition, aboveground
and underground bulk storage of the following materials is permitted
at public garages, gasoline service stations, gasoline filling stations
and automobile sales operations, if the use of such materials is accessory
to the principal use on the site:
(1)
Gasoline, diesel fuel and other approved fuels for motor vehicles,
stored in accordance with all applicable state and federal regulations,
and intended to be dispensed from pumps to motor vehicles operated
by the general public;
(2)
Up to 275 gallons of motor oil, transmission fluid or other similar
automotive fluids, all of which must be stored above ground in approved
storage tanks; provided, however, that outdoor storage of such materials
in 55 gallon drums shall not be permitted, and further provided that
only such fluids with a flash point at or above 200° F. shall
be permitted to be stored above ground in bulk; and
(3)
Up to 350 gallons of waste motor oil, waste transmission fluid or
other similar automotive waste fluids, all of which must be stored
above ground in approved storage tanks; provided, however, that outdoor
storage of such materials in 55 gallon drums shall not be permitted,
and further provided that only such waste fluids with a flash point
at or above 200° F. shall be permitted to be stored above ground
in bulk.
B.
Notwithstanding anything herein contained to the contrary, this section
is not intended to conflict with the Uniform Construction Code but
to govern the land use nature of the bulk storage of such chemicals,
and in the event of a conflict, the Uniform Construction Code shall
prevail.
The above-ground storage of liquefied petroleum gas shall be
prohibited in all zone districts except the I Industrial Zone District.
In the I Zone District, the following regulations shall apply to such
storage and dispensing:
A.
Any such storage tank shall not exceed 1,100 gallons water capacity.
B.
Any such storage of liquefied petroleum gas shall only be used to
refill liquefied petroleum gas tanks of less than 50 pounds.
C.
The plans for the installation of any such tank shall be approved
by the New Jersey Department of Labor and Workforce Development prior
to installation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
