A.
Regulations applicable to all zoning districts:
(1)
When a lot is to be subdivided from a lot which already is occupied
by an existing building, any subdivision of the lot shall not lessen
any of the requirements of this chapter pertaining to the existing
building.
(2)
No open space provided around any principal building for the
purpose of complying with the front, side or rear yard requirements
of this chapter shall be considered as providing the yard requirements
for any other principal building. Moreover, no yard or other open
space on a lot shall be considered as providing a yard or other open
space on another lot or for any other building.
(3)
Any accessory building having a common wall, roof or foundation
with a principal building or any accessory building or structure which
is connected to the principal building by means of a heated porch
or other heated structure shall be considered a part of the principal
building and shall comply with the front, side and rear yard requirements
of this chapter for the principal building. Any accessory building
or structure which is connected to the principal building by an unheated
porch, deck, breezeway or other such unheated structure shall be considered
detached for the purposes of this chapter. All accessory decks off
a principal building shall comply with the principal building yard
requirements.
B.
Required yards.
(1)
No yard or any other open space required about or in connection
with any building or buildings for the purpose of complying with this
chapter shall be included as part of a yard or open space similarly
required for any other building.
(2)
No existing yard or existing lot shall be reduced in dimension
or area below the minimum requirements set forth herein. Yards or
lots created after the effective date of this chapter shall meet or
exceed the minimum requirements established herein.
(3)
Except as hereinafter specified in this subsection, every part
of a required yard shall be open to the sky, unobstructed except for
the following man-made structures:
(a)
Accessory buildings in a required rear or side yard in accordance
with other requirements of the zone/use.
(b)
The ordinary projection of parapets, cornices, eaves, leaders
and other ornamental features not to exceed 12 inches.
(c)
Over 20 feet above the average grade level, nothing in this
chapter shall prevent the projection of a cornice, roof/gutter overhang
over the front yard and rear yard to an extent not exceeding two feet
nor over a required side yard.
(d)
An open fire balcony, lattice-enclosed fireproof fire escape
or stairway projecting into a yard not more than four feet.
(e)
Bay windows or balconies projecting not more than three feet
into a required yard.
(f)
An aboveground oil tank, air conditioner equipment, or similar
device providing a side/rear setback of at least five feet to the
nearest property line.
(g)
Fences, in accordance with this subsection.
(h)
Private residential driveways, in accordance with this subsection.
(i)
Patios and decks in accordance with this subsection.
(j)
Swimming pools in accordance with this subsection.
(k)
Vision clearance on corner lots. In any district on any corner
lot, within the triangular area determined as provided in this subsection,
no wall, fence, sign or other structure shall be erected to a height
in excess of three feet above curb level and no vehicle, object or
any other obstruction of a height in excess of three feet shall be
parked or placed, and no hedge, shrub or other growth shall be maintained
at a height in excess of three feet, except that trees whose branches
are trimmed away to a height of at least 10 feet above curb level
shall be permitted. Such triangular area shall be formed by the two
intersecting street center lines and by a diagonal line connecting
points on these street center lines which are 90 feet from the intersection
of the street center lines for local roads and 200 feet for all other
roads.
C.
Principal buildings.
(1)
In all residential zones, in no case shall there be permitted
more than one principal residential building on each subdivision lot
of record, except multifamily housing developments. For purposes of
this chapter, abutting undersized lots which have been merged or joined
by law shall be considered one lot.
(2)
In all nonresidential zones there may be permitted more than
one principal building on each lot of record.
(3)
All principal buildings shall be built upon a lot with frontage
on a public street or on a private street approved by the Planning
Board.
D.
Accessory buildings.
(1)
General regulations.
(a)
No accessory structure or building may be built upon any lot
on which there is no principal building or principal structure.
(b)
No construction permit shall be issued for the construction
of an accessory building or structure prior to the issuance of a construction
permit for the construction of the main building upon the same premises.
(c)
In all zones, no accessory building or structure may be erected
in any front yard, or required front yard, and shall be set back from
side and rear lot lines as prescribed in the regulations of the zone
in which it is located.
(d)
Distance from street line. On through lots (any lot running
from one street to another), no accessory building erected in the
rear yard shall be nearer the street line than the minimum distance
specified for a front yard setback on the street to which the yard
abuts.
(e)
There shall be no utilities other than electric service connected
to any detached accessory building.
(f)
No usable second floor area shall be provided in any accessory
garage or building, and said unusable second floor areas shall include
but not be limited to the use of attics, dormers, basements, etc.
(g)
No subfloor or rough floor shall be permitted on top of the
joists of any accessory garage or building.
(h)
No accessory garage or building erected in any lot within any
zone shall be used for any form of residential dwelling.
(i)
A maximum of two total accessory buildings shall be permitted
per residential lot.
(2)
Sheds and exterior storage closets.
(a)
In any residential district, a maximum of two garden/utility
sheds and/or exterior storage closets may be erected per dwelling
unit and shall be for the purpose of storing materials and equipment
customarily associated with a residential dwelling.
(b)
A garden/utility shed may be erected within any required side
yard or rear yard of any residential zone; provided, however, that
no such shed shall be erected closer than five feet from any property
line.
(c)
All garden/utility sheds shall be permitted to have a maximum
height of eight feet.
(d)
All sheds shall be permitted to have a maximum building area
no greater than 100 square feet.
(3)
Detached residential garages.
(a)
In any residential district, an accessory detached residential
garage may be erected for the purpose of storing vehicles, materials
and equipment customarily associated with a residential dwelling.
(b)
A detached residential garage may be erected within a required
side yard or rear yard of any residential zone; provided, however,
that no part of the garage shall be erected closer than five feet
from the property line.
(c)
Detached residential garages shall be permitted to have a maximum
height of 15 feet.
(d)
Detached residential garages shall be permitted to have a maximum
building area no greater than 400 square feet and shall be designed
to provide for one-car or two-car storage. Detached residential garages
greater than 400 square feet or designed, intended or used for the
storage of more than two standard automobiles shall require relief
from the Planning Board.
E.
Lot frontage for all lots.
(1)
In the case of lots fronting on the turnaround of a cul-de-sac
street or fronting upon any other curved street, lot frontage (as
distinguished from lot width) may equal, but shall be no less than,
2/3 of the required lot width as set forth in the bulk table and as
defined herein.
(2)
All front yards must face on a dedicated public street or on
a private street approved by the Planning Board.
(3)
Where a building lot has frontage upon a street which on the
Master Plan or Official Map of the Borough is contemplated for right-of-way
widening, the required front yard area shall be measured from such
proposed future right-of-way line.
F.
Corner lots.
(1)
A lot at the junction of and fronting on the corner of two or
more intersecting streets shall be classified as a corner lot and
shall provide a front yard setback on all street frontages.
(2)
On a corner lot, all lot lines generally perpendicular to a
streetline shall be side lot lines. A generally rectangular corner
lot shall have no rear lot lines, only front and side lines.
(3)
When a corner lot is irregularly shaped so as to have a lot
line that is not a front lot line, nor a side lot line, all other
lot lines shall be classified as rear lot lines.
(4)
The greater frontage on a corner lot shall be its depth and
the lesser frontage shall be its width.
(5)
On any corner lot, within the triangular area determined as
provided in this subsection, no wall, fence, sign or other structure
shall be erected to a height in excess of three feet above curb level
and no vehicle, object or any other obstruction of a height in excess
of three feet shall be parked or placed, and no hedge, shrub or other
growth shall be maintained at a height in excess of three feet, except
that trees whose branches are trimmed away to a height of at least
10 feet above curb level shall be permitted. Such triangular area
shall be formed by the two intersecting street center lines and by
a diagonal line connecting points on these street center lines which
are 90 feet from the intersection of the street center lines for local
roads and 200 feet for all other roads.
G.
Residential driveway requirements.
(1)
Nothing contained herein shall prevent a residential dwelling
from creating and maintaining a residential driveway on a residential
lot, which is intended to serve as an accessory parking space for
the principal single-family or two-family residential dwelling located
on the same lot. Such driveways shall be designed so as to provide
off-street parking so as to comply with the residential site improvement
standards for parking requirements.
(2)
All residential driveways for residential lots shall be paved
within the road right-of-way or easement with a six-inch-thick reinforced
concrete apron where curbs are provided, or bituminous material to
the same specification of the abutting road where curbs are not provided.
(3)
Driveways may be located in the required front yard, side or
rear yard of the site and shall be set back a minimum of five feet
of all property lines.
(4)
All driveways shall be constructed of macadam, blacktop, concrete,
stone pavers, or similar material as determined by the Construction
Official/Zoning Officer. No gravel, dirt, sand or grass driveways
shall be permitted. Driveway grades shall not exceed 10%.
(5)
The perimeter of all newly constructed residential driveways
shall be surrounded by concrete curbing, granite block, wood ties,
natural stone, or similar material as approved by the Construction
Official/Zoning Officer arranged so as to contain the parking of vehicles
within the limits of the driveway.
(6)
The maximum driveway width at any point shall be no greater
than 20 feet, exclusive of any curb returns or aprons at the point
of connection of the street. All side entry garages on single-family
residential lots may be provided with a paved or stoned area in front
of the garage door(s) in order to allow for adequate ingress and egress
to the garage.
(7)
For purposes of determining impervious surface coverage, all
areas of a surface driveway shall be considered impervious, regardless
of the materials of construction. Pervious and semipervious paving
blocks constructed on top of a bed of compacted material shall be
considered fully impervious.
(8)
Residential driveways connecting to a county road shall provide
a hammerhead or similar turn-around to prevent backing movements onto
the county right-of-way.
(9)
A one-car garage and one driveway combination shall count as
two off-street parking spaces, provided that the driveway measures
a minimum of 18 feet in length between the face of the garage door
and the right-of-way, and nine feet in width. A two-car garage and
two-car driveway combination shall count as four off-street parking
spaces, provided that a minimum parking area width of 18 feet is provided
for a minimum length of 18 feet between the face of the garage door
and the right-of-way.
H.
Carport structures. Carport structures or similar shelters of a temporary
or semipermanent nature shall be permitted as accessory uses in all
residential zones for outdoor storage of up to two motor vehicles.
Such a use may be located in any side or rear yard only and no part
of any carport structure shall be located in any front yard or required
front yard area. Such structures shall have a height no greater than
seven feet measured from the ground to the highest point of the structure.
Any carport structure taller than seven feet or proposed in any front
yard area, or any structure greater than 400 square feet in area,
shall not be permitted.
I.
Fences and retaining walls.
(1)
Fence application procedure:
(a)
A zoning permit and/or construction permit shall be required
for all fences. The application for the required permits shall be
accompanied by a plan showing the height, type, design, and location
of the proposed fence or wall in relation to all other structures
or buildings and in relation to all streets, property lines and required
yards.
(b)
Fences proposed at any new development site shall be included
as part of the site plan proposal presented for consideration before
the Planning Board.
(c)
Fences not proposed as part of any development application and
needing relief shall be heard by the Planning Board as an individual
application.
(d)
Screening and fences in off-street parking, loading and driveway
access areas shall meet the requirements specified in parking and
landscaping subsections of this chapter.
(2)
General fence regulations.
(a)
All fences and walls shall be erected within the property lines
and shall not encroach off lot or into the street right-of-way.
(b)
No fences shall be erected closer than three inches to any property
line. However, fences may be erected on a property line with the approval
of the adjoining property owner submitted in writing with the application
for a fence permit.
(c)
All permitted fences and walls shall be situated on a lot in
such a manner that the finished side of the fence or wall shall face
adjacent properties.
(d)
No fence or wall shall be erected of barbed and/or electrified
wire, topped with metal spikes, nor constructed of any similar material
or in any manner that may be dangerous to persons or animals. Temporary
fences, such as snow fences, expandable fences and collapsible fences
shall not be permitted except to protect any hazardous condition or
excavation.
(e)
For the purposes of this chapter, a split rail, chain link or
equivalent fence shall not be considered solid fences, while stockade,
board-on-board, solid vinyl, chain link with woven slats or the equivalent
shall be considered to be solid fences.
(f)
Fences at residential, office, retail or commercial properties
shall not exceed six feet in height.
(g)
Fences at industrial properties or located in the LI Light Industrial
Zone shall not exceed eight feet in height.
(h)
Along the boundary of a residential district abutting a nonresidential
district, a fence or wall may be erected in rear and/or side yard
areas to screen the nonresidential activities from the abutting residential
district, provided that said fence or wall shall be a maximum of eight
feet in height.
(i)
The height of all fences shall be measured from grade to the
highest point of the fence above grade at that same location.
(j)
No fence shall be erected in a front yard of any lot in a residential
zone unless the fence is less than 50% solid and is no greater than
four feet in height. However, a four-foot fence may be 50% solid or
greater if it is set back 25 feet from the front property line.
(k)
Fences erected on corner lots, within the triangular area determined
as provided in this subsection, shall not be erected to a height in
excess of three feet above curb level. Fences proposed in the front
yard areas outside this sight triangle shall be subject to the front
yard fence requirements listed above.
(l)
Fences which are painted shall be painted in only one color,
harmonious with the surrounding area. Multicolored fences are prohibited.
(m)
Living fences shall be maintained in a neatly trimmed condition
and shall not extend into adjacent properties. Nothing herein shall
be construed to prohibit the use of hedges, trees or other plantings
anywhere on a lot except where specifically prohibited by any other
applicable ordinance or regulation of the Borough of Spotswood.
(n)
All fences shall be maintained in a safe, sound and upright
condition, in accordance with any approved plan and shall be erected
in a manner so as to permit the flow of natural drainage.
(3)
Special fence structures and retaining walls.
(a)
A dog run, livestock coop or similar structure shall not have
fencing exceeding six feet in height, and shall not be erected except
when located in rear yard areas only and said structure shall be set
back a minimum distance of 50 feet from any lot line.
(b)
Fenced tennis courts or similar structures may be located in
rear yard areas only, and may be surrounded by a chain link fence
a maximum of 10 feet in height. Said fence shall be set back from
any lot line by five feet.
(c)
See the swimming pool section of this chapter for fence standards
applicable to swimming pools.
(d)
Farm and public utility installation fences shall be exempt
from these provisions and shall not require any permits, so long as
the fence is eight feet high or less and contains no barbed or similar
injurious wire.
(e)
Retaining walls less than 36 inches high, measured from average
grade to the highest point of the wall, and constructed for the purpose
of retaining earth on a single- or two-family residential lot shall
not require a zoning permit and shall be exempt from these requirements.
All other retaining walls shall require a zoning and/or construction
permit.
(f)
A fence shall be required on any retaining wall over 36 inches
in height.
J.
Patios and wood decks.
(1)
In all residential zones and for all residential uses, a patio,
wood deck or any combination of the two shall only be permitted as
accessory to a principal residential dwelling.
(2)
When a patio or deck is proposed on a residential lot, the applicant
shall submit to the Construction Official a plot plan of the site
showing all property lines, buildings, the location of the patio/deck
and any surrounding walkways or other improvements. Such plot plan
shall show the dimensions and the distance to all property lines for
all existing and proposed improvements.
(3)
Patios may be constructed of concrete, concrete or stone pavers,
stone, brick, slate, tiles, or other similar materials as determined
by the Zoning Official.
(4)
Decks may be constructed of natural or synthetic wood or a combination
of the two materials or other similar materials as determined by the
Zoning Official.
(5)
Patios and decks may be erected within a required side yard
or required rear yard of any residential zone; provided, however,
that no such structure shall be erected closer than five feet to the
nearest lot line.
(6)
No part of any patio or deck shall be located in any front yard.
(7)
For purposes of determining impervious surface coverage, patios,
decks, and pervious and semipervious paving blocks shall be considered
fully impervious.
K.
Swimming pools in all zones.
(1)
No private residential swimming pool shall be constructed or
installed or located on any lot unless the lot contains a principal
residential building.
(2)
When a private swimming pool is proposed on a residential lot,
the applicant shall submit to the Construction/Zoning Official a plot
plan of the site showing all property lines, buildings, the location
of the pool and any surrounding walkway or other improvements. Such
plot plan shall show the dimensions and the distance to all property
lines for all existing and proposed improvements.
(3)
No part of any private swimming pool, including water surface,
coping, walkways or pool equipment, shall be located in a required
front yard.
(4)
In all residential zones and for all residential uses, the minimum
setback from all property lines with respect to the installation of
any type of swimming pools shall be a minimum of 10 feet measured
from the edge of the water to the property line. Such pools may have
a concrete or similar walkway or coping around the perimeter of the
pool so as to provide safe movement; however, no part of any concrete
walkway shall be closer than five feet to any property line.
(5)
Pool maintenance equipment, filters, pumps and other equipment essential to the operation of any residential pool shall be set back a minimum of five feet from any property line. When a pool house, shed or other accessory building is proposed to contain this equipment, this building shall be subject to the accessory building requirements of Subsection C of this chapter.
(6)
For purposes of determining impervious surface coverage, the
surface area of open water shall be considered fully pervious and
shall not count towards an impervious coverage calculation. All concrete
walkway and coping areas around an in-ground pool shall be considered
fully impervious and shall count towards an impervious coverage calculation.
(7)
Any lighting in connection with a private residential swimming
pool shall be directed downward and shielded from adjacent properties.
(8)
A private residential swimming pool shall be enclosed by permanent
fence, sufficient to make the pool inaccessible to small children.
The fence, including the gate therein, shall not be less than four
feet in height, nor more than six feet in height.
(a)
All gates shall be self-closing and self-latching with latches
placed four feet above the underlying ground and otherwise made inaccessible
from the outside to small children. In lieu of the required fence
above, a ladder enclosure kit can satisfy this requirement, subject
to the approval of the construction official.
(b)
In the case of hot tubs and whirlpools only, a natural barrier,
hedge, pool cover or other protective device approved by the Construction
Official shall be an acceptable enclosure so long as the degree of
protection afforded by the substituted device or structure is not
less than the protection afforded by the fence with self-closing and
self-latching gates described above.
(9)
No commercial or public swimming pool shall be constructed or
installed unless approved by the Planning Board as part of a site
plan approval for a principal permitted use as specified in this chapter.
Commercial or public swimming pools shall be classified into types
in accordance with their particular use and shall meet the appropriate
design standards as set forth by the National Swimming Pool Institute
or the Swimming Pool Code of New Jersey, latest edition, whichever
is more stringent, and all other state and building code regulations.
L.
Christmas tree sales and similar occasional sales. The annual sale
of Christmas trees is permitted in outdoor locations in the NC Neighborhood
Commercial, the GC General Commercial and the LI Light Industrial
Zoning Districts between December 1 and December 25, inclusive, provided
that all trees shall be removed and the premises cleared no later
than January 1, and provided that all proper mercantile licenses are,
issued by the Borough. This regulation shall apply to similar one-time
sales of Valentine's Day or Mothers' Day flowers and/or similar activities
of all faiths or nonreligious holidays as determined by the Zoning
Officer. This regulation shall not apply to traveling furniture truck
sales, mobile food truck/cart sales, tent sales, clearance sales or
any similar reoccurring activity.
M.
Keeping of wild or farm animals, poultry and livestock.
(1)
Structures or buildings for the keeping of nondomesticated animals,
such as chickens, pigeons, goats, sheep, pigs, large reptiles, wolves,
bears, large or wild cat species, and other types fowl, or any animal
generally considered a farm, zoo or exotic animal, or any animal which
is usually quartered in separate structures (from a dwelling) shall
not be permitted in any zone, unless as part of an approved farm or
livestock use. The Zoning Officer shall determine which animals meet
these criteria. This shall not apply to structures for domesticated
dogs, cats and similar household or pet store pets capable of being
and usually quartered in a residence and generally regulated in accordance
other pet ordinances of the Borough.
(2)
No above animal, poultry, or livestock shelter structure, whether
temporary or permanent, shall be located closer than 50 feet to any
property line or to any dwelling unit on the same lot.
N.
Community residences.
(1)
Community residences, as identified by N.J.S.A. 40:55D-66.1
and 2, for the mentally and physically handicapped, shelters for victims
of domestic violence, community residences for the terminally ill,
disabled persons, homeless veterans, adult family care homes and all
other group homes specified by the Municipal Land Use Law and their
resident staff shall be permitted uses in all residential zones in
the Borough. Such community residences shall be subject to the minimum
area, yard and building requirements set forth for single-family units
in the zone in which located, in accordance with N.J.S.A. 40:55D-66.1.
Such uses shall contain not more than 15 persons, exclusive of resident
staff. This provision shall only apply to such uses when they are
located in a residential zone. No such use shall be permitted in a
nonresidential zone; and
(2)
If more than 15 persons, exclusive of resident staff, are placed
in the residence, then the use becomes a conditional use which may
be permitted, provided that all of the terms and conditions specified
for this particular use in the conditional use subsection of this
chapter are complied with. This provision shall only apply to such
uses when they are located in a residential zone. No such use shall
be permitted when proposed in a nonresidential zone.
O.
Recycling facilities for single-family and two-family dwellings.
(1)
Single-family and two-family dwellings. Each single-family and
two-family dwelling unit shall be designed to provide a location containing
at least 18 cubic feet of space per unit for the storage of designated
recyclable material. The location shall be clearly marked as such
on floor plans of the dwelling unit. Recycling facility requirements
for multifamily units may be found in the respective zoning district
regulation associated with that use.
P.
Home offices and home occupations including family day-care homes
and child care residences.
(1)
Purpose and findings.
(a)
Home occupations and offices, including family day-care homes
and child-care residences as defined in this chapter, shall be permitted
accessory uses to a detached single-family dwelling in all R-Zones
with the following additional requirements.
(b)
The following provisions are intended to permit the limited
use of residential properties in Spotswood Borough as the location
for recognized professional home offices or service businesses which
are clearly subordinate and ancillary to the principal residential
use of the property. The permitted recognized professions include
the offices of ministers, architects, professional engineers, land
surveyors, landscape architects, professional planners, lawyers, accountants,
medical doctors and dentists, consultants and other such professionals
with an advanced degree(s) or seamstresses, tailors, artists, musicians,
dancers, fitness professionals and other such service professionals.
(c)
The requirements and other provisions contained in this section
are specifically intended to limit the extent of such home occupations
and the potential associated nuisances such as traffic, noise, fumes,
dust, glare and odors in order to ensure that the residential character
of the residential neighborhood within which the subject property
is located is preserved, and that no adverse impact to adjacent and/or
nearby residential properties occurs.
(2)
A zoning permit shall be required before any construction permit
or certificate of occupancy shall be issued for any home office or
home occupation wherein the following restrictions shall apply:
(a)
An owner(s) of the home occupation shall be the owner and resident(s)
of the subject property and the dwelling situated thereon.
(b)
Not more than one nonresident employee shall be permitted.
(c)
Visitation.
[1]
Clients, patrons or customers shall be permitted on the property
in regards to the home occupation, provided that:
[a]
Such visitation shall occur during daylight hours
only;
[b]
Such visitation shall not create the need to park
more than two vehicles at any time in addition to those ordinarily
used by the residents of the dwelling unit;
[c]
Such visitation shall not create the need to park
anything other than passenger automobiles, and such passenger automobiles
shall be parked off-street on the subject property in parking spaces
provided; and
[d]
No more than one patient, client, pupil and/or
customer shall be permitted on the subject premises at one time, and
all visits to the home occupation shall be by advance appointment
only.
[2]
None of the above shall be interpreted to prohibit any person
from coming onto the property who might otherwise come to the property
on similar occasions and for similar reasons in association with the
residential dwelling unit.
(d)
The home occupation may utilize a portion of the principal dwelling
unit and/or one or more secondary buildings or structures which are
accessory to the principal dwelling unit, provided that the use of
the property for the home occupation shall be clearly subordinate
and ancillary to its use for residential purposes by its occupants.
(e)
All area, yard, coverage and other applicable requirements specified
for single-family dwellings and their accessory buildings and structures
in the applicable zoning district shall apply.
(f)
Any parking area associated with the home occupation, including
the parking area for any clients, patrons or customers, shall be appropriately
screened from the view of adjacent residential properties and the
traveling public along any abutting street. Additionally, any accessory
building or structure utilized for the home occupation also may be
required to be similarly screened, dependent upon the location and
appearance of the particular accessory building or structure.
(g)
The residential character of the lot and building(s) shall not
be changed, no sounds related to the home occupation shall be audible
outside the building, and no equipment shall be used which will cause
interference with neighboring residences. This provision shall include
a prohibition on the transference of equipment, supplies, or similar
materials on a routine basis between a storage building or area and
vehicles, resulting in exterior evidence, either visual and/or audible,
of the home occupation.
(h)
No merchandise, products, waste, equipment or similar material
or objects shall be displayed, stored or otherwise located outdoors,
except that the presence of children or customary residential recreational
facilities shall be permitted in conjunction with a family day-care
home or child-care residence in accordance with the applicable requirements
of this chapter.
(i)
Additional requirements.
[1]
The residential character of the lot and building(s) shall be
maintained at all times and all structures shall be maintained in
good repair.
[2]
A home occupation shall operate only between the hours of 7:00
a.m. and 7:00 p.m. and, in any case, visitation by clients, patrons
or customers shall be in accordance with the provisions specified
hereinabove.
[3]
There shall be no other exterior evidence of the home occupation
except as permitted herein. No sign other than an unlighted nameplate
identifying the home occupation no more than 10 inches by 20 inches
in size shall be permitted. No changes to doors or windows shall be
permitted.
[4]
No exterior lighting shall be permitted specific to the home
occupation.
A.
Height exemptions.
(1)
Chimneys on a residential dwelling unit are not bound by the
height restrictions of this chapter.
(2)
Silos and barns on farms are not bound by the height restrictions
of this chapter.
(3)
Noncommercial radio and television antennas are not bound by
the height restrictions of this chapter, provided that the height
is not increased by more than 15% higher than the maximum height otherwise
permitted, and provided further that no antenna shall exceed 50 feet
in height.
(4)
On a principal building, the following may be erected above
the maximum height specified in this chapter for the subject building,
provided that the height is not increased by more than 15% higher
than the maximum height otherwise permitted, and provided further
that no said appurtenance shall exceed 50 feet:
(a)
Penthouses or other roof structures for the housing of stairways,
tanks, bulkheads ventilating fans, air-conditioning equipment and
similar equipment required to operate and maintain the building;
(b)
Skylights, spires, cupolas, flagpoles, chimneys and similar
structures associated with the building; and
(c)
The parapets used to screen the roof-mounted structures and
equipment.
B.
Public utilities.
(1)
For purposes of this chapter, the term "public utility uses"
shall include such uses such as telephone, television and internet
equipment, power, light, gas, water, and energy substations and other
utilities serving the public, such as sewage treatment plants, but
shall exclude dumps, sanitary landfills and telecommunications towers.
(2)
Public utility lines shall be exempt. Public utility lines for
the transportation, distribution or control of water, electricity,
gas, oil, cable television and telephone or internet communications
are permitted throughout the Borough of Spotswood and need not necessarily
be located on a lot. This exemption shall apply strictly to transmission
lines, and shall not apply to any type of utility stations, substation,
equipment compounds, wireless towers or control buildings.
(3)
Public utility transformer and junction boxes and structures
shall be exempt. Public utility transformer and junction boxes and
structures are permitted throughout the Borough of Spotswood and need
not necessarily be located on a lot, provided that they are adequately
screened with landscaping, fencing or a combination of the two and
do not exceed three feet in height. This exemption shall not apply
to any such structure that exceeds three feet in height or is unscreened.
(4)
The proposed installation of a public utility use, station,
building, structure or equipment not exempted above shall be a conditional
use in all zones, as specified in Article 700, Conditional Uses.
C.
Satellite dish antennas.
(1)
The purposes of this subsection of the chapter are to promote
communication within the Borough in a manner which will properly safeguard
the public health, safety and welfare, by regulating the use of satellite
dish antennas in all zones.
(2)
Any satellite dish antenna 20 inches or smaller in diameter,
mounted to a building and used by a residential dwelling unit or business
for the purpose of private television/telecommunications use, shall
be permitted in all zones and no zoning application shall be required.
(3)
All antennas shall be installed in an unobtrusive manner and
location so as not to interfere with the intent and purpose of the
zone plan.
(4)
Nothing herein shall preclude public utility uses from maintaining
satellite dish antennas on existing towers which previously have been
approved by the appropriate local, county, state or federal agency(ies)
having authority thereof.
(5)
Applications for the installation of a satellite dishes larger
than 20 inches in diameter, or for microwave communications, or for
commercial or institutional satellite dishes, or any similar ground-mounted
antennas, shall be subject to (minor) site plan review and the following
provisions:
(a)
Such satellite dish antennas shall be ground-mounted in the
rear yard area of a lot and located in conformity with the rear yard
and side yard setbacks required for a permitted accessory structure
in the subject zoning district. No satellite dish antenna may be located
in the front yard area.
(b)
In any case, the installation of a satellite dish antenna larger
than 20 inches in diameter shall require the issuance of a construction
permit in accordance with the provisions set forth in this chapter.
(c)
A satellite dish antenna may not be placed on any lot which
does not contain a permitted principal structure.
(d)
If a satellite dish antenna is to be roof-mounted, the bottom
of the satellite dish antenna shall not extend more than one foot
above the roof line where mounted, the antenna shall not be larger
than three feet in diameter, and the antenna shall be located toward
the rear of the structure away from the street line.
(e)
No satellite dish antenna shall exceed 12 feet in diameter and
no ground-mounted satellite dish antenna shall extend higher than
15 feet above ground level.
(f)
A ground-mounted satellite dish antenna shall be screened from
adjacent properties to the extent possible. To the greatest extent
possible, all satellite dish antennas shall blend with the immediate
surrounding area, including the color of the roof if roof-mounted.
(g)
No lot, dwelling, building or use shall have more than one satellite
dish antenna. Wires and cables running between the ground-mounted
antenna and any structure shall be properly installed underground
in accordance with the Uniform Construction Code. Additionally, the
installation of the satellite dish antenna shall meet all local, state
and federal requirements, including those contained in the Uniform
Construction Code.
(h)
Portable mounted satellite dish antennas are prohibited.
A.
Vacant lots.
(1)
Any approved vacant lot in the R-10 District existing prior
to January 1, 1996, between 7,500 square feet and 10,000 square feet
in area, which is not contiguous to lands under the same ownership
or other vacant lands and which meets the area and yard requirements
governing the construction of single-family dwellings within R-7.5
District, shall be permitted to be developed with a single-family
dwelling and its accessory structures in accordance with the R-7.5
District requirements, provided that all other necessary permits and
approvals for the construction of a single-family detached dwelling
on the lot are secured in the usual manner.
(2)
Any approved vacant lot in the R-10 District existing prior
to January 1, 1996, between 5,000 square feet and 7,500 square feet
in area, which is not contiguous to lands under the same ownership
or other vacant lands and which meets the area and yard requirements
governing the construction of single-family dwellings within R-5 District,
shall be permitted to be developed with a single-family dwelling and
its accessory structures in accordance with the R-5 District requirements,
provided that all other necessary permits and approvals for the construction
of a single-family detached dwelling on the lot are secured in the
usual manner.
B.
Detached dwelling units.
(1)
Any detached single-family dwelling unit in the R-10 District
existing prior to January 1, 1996, on lots between 7,500 square feet
and 10,000 square feet in area shall meet the area and yard requirements
governing the construction of single-family dwellings and their accessory
structures in the R-7.5 District, except that this provision shall
not be applicable to properties which abut vacant land or other contiguous
land under the same ownership.
(2)
Any detached single-family dwelling unit in the R-10 District
existing prior to January 1, 1996, on lots between 5,000 square feet
and 7,500 square feet in area shall meet the area and yard requirements
governing the construction of single-family dwellings and their accessory
structures in the R-5 District, except that this provision shall not
be applicable to properties which abut vacant land or other contiguous
land under the same ownership.
(3)
Any detached single-family dwelling unit in the RC, GC, or LI
District existing prior to January 1, 1996, shall be permitted to
construct additions to the detached dwelling unit and/or construct
accessory buildings or structures without an appeal for variance relief,
provided that:
(a)
The existing lot and improvements thereon conform in all respects
to the minimum requirements of this chapter for detached dwelling
units in the R-10 District; and
(b)
The addition(s) to the detached dwelling unit and/or the construction
of any accessory building(s) do not violate any of the requirements
of this chapter for detached dwelling units in the R-10 District.
A.
Nonconforming lots (in terms of area or bulk requirements).
(1)
Abutting lots under common ownership. Whenever title to two
or more contiguous lots is held by the same owner, regardless of whether
or not each of the lots have been approved as part of a subdivision
or acquired by separate conveyance or by other operation of law, and
one or more of the individual lots should, by reason of exceptional
shallowness, topographic conditions, substandard area or yard space
or similar measurements, not conform with the minimum lot area and
dimensional requirements for the zoning district in which it is located,
the contiguous lots shall be considered to be a single lot.
(2)
Street dedication exemption. Whenever the owner of an existing
lot has dedicated or conveyed land to the Borough of Spotswood in
order to meet the minimum street width requirements of this chapter,
the Construction Official shall issue construction permits and certificates
of occupancy for the lot whose depth and/or area is rendered substandard
only because of such dedication and where the owner has no other adjacent
lands to provide the minimum requirements.
(3)
Conforming expansion (use or bulk) on a nonconforming lot. Any
existing permitted use, or existing building or structure located
on an existing lot which does not meet the applicable minimum lot
area, width or depth requirements of this chapter, shall be permitted
to construct additions to the principal building and/or accessory
building without an appeal for variance relief, provided that no new
bulk or use or parking violations are created.
(4)
Development of vacant undersized lots. Unless specifically permitted
by this chapter, any vacant lot existing at the time of the adoption
of this chapter, as shown on the Official Map of the Borough or as
indicated on other public records, which does not meet the minimum
lot area, size or width for the district in which it is located, may
be used for a permitted use in that district only upon the granting
of variance(s) relief by the Planning Board.
B.
Nonconforming structures and uses.
(1)
Permitted to continue. Any existing building, use or structure
made nonconforming with this chapter may be continued upon the lot
or in the structure so occupied, and any such structure may be repaired
in the event of partial destruction thereof. Partial destruction shall
be determined by the Zoning Officer.
(2)
Repairs permitted. Repairs and maintenance work required to
keep a building or structure in sound condition may be made to a nonconforming
structure or to a structure whether conforming or nonconforming containing
a nonconforming use. However, no repairs or maintenance work shall
increase, enlarge or intensify the nonconformity in any manner.
(3)
Alterations permitted. A nonconforming building, structure or
use may have its facade and/or interior spaces altered, but not enlarged
or extended unless said building is changed to a building conforming
to the requirements of this chapter.
(4)
Conforming bulk expansion of a nonconforming (bulk) one- or
two-family residential building. A structure which is nonconforming
in terms of bulk requirements, and which contains a permitted, detached
single-family or two-family dwelling unit shall be permitted to construct
additions to the principal building and/or accessory building without
an appeal for variance relief for the existing nonconformities, provided
that:
(a)
The addition to the building does not violate any other requirements
of this chapter such as, but not limited to, height, yard setbacks,
bulk, coverage and parking;
(b)
The total permitted building and lot coverage and floor/area
ratio stipulated in this chapter for the permitted use(s) are not
exceeded; and
(c)
The existing use(s) on the lot are conforming to the permitted
use(s).
(5)
Conforming bulk expansion of a nonconforming (bulk) nonresidential
or multifamily residential building. A building which is nonconforming
in terms of bulk requirements, and which contains a permitted nonresidential
use, mixed-use or multifamily dwelling unit shall not be permitted
to construct any such additions or expansions, even if fully conforming
in terms of bulk requirements to the principal building and/or accessory
building, without an appeal for variance relief.
(6)
Expansion of a nonconforming use. No nonconforming use shall
be enlarged, extended, constructed, intensified, reconstructed or
structurally altered in any manner without an appeal for variance
relief. Any such addition of floor area or activity, or the addition
or subtraction of lands associated with a structure containing a nonconforming
use, shall require variance approval pursuant to N.J.S.A. 40:55D-70d.
(7)
Abandonment. Each and every nonconforming building structure
and use shall terminate upon abandonment. When a nonconforming use
of/or a structure, or the nonconforming use of a structure and lot
in combination, is discontinued for a period of 12 consecutive months,
the nonconforming use shall be presumed to be abandoned, and the structure
or structure and lot in combination, as the case may be, shall not
thereafter be used except in conformance with the regulations of the
zoning district in which it is located, unless the owner can establish
that abandonment has not occurred. Any structure, or structure and
lot in combination, in or on which a nonconforming use is superseded
by a permitted use must thereafter conform to the regulations of the
zoning district in which said structure is located, and the nonconforming
structure or use shall not thereafter be reinstituted. The Zoning
Officer shall determine abandonment and shall be informed by any action,
or lack thereof, to further signify that a use has been terminated.
Such as indicators may include removal of essential equipment, removal
of signage, removal of inventory, removal or semipermanent disconnection
of utilities, de-facto cessation of operations, a record of chronic
failure to maintain property in accordance with property maintenance
codes, declaration of unsafe building, condemnation, evidence of chronic
dumping, vandalism or other vice. The Planning Board shall hear appeals
of this decision.
A.
Unless otherwise specifically permitted by this chapter, no more
than one principal use shall be permitted on any one lot.
B.
Unless otherwise specifically permitted by this chapter, no more
than one principal building shall be permitted on any one lot in any
residential zone. Multiple principal buildings shall be permitted
in a nonresidential zone.
C.
Unless otherwise specifically permitted by this chapter, no more
than one residential dwelling unit shall be permitted on any one lot.
For purposes of this chapter, two or more undersized, abutting and/or
adjacent lots merged by law shall be considered a single lot. Any
application for development proposing two or more dwelling units on
any such lot shall not be considered a permitted use and shall be
subject to the requirements of N.J.S.A. 40:55D-70.d.
Any use not expressly permitted by this chapter is hereby specifically
prohibited throughout the Borough of Spotswood, and the following
uses and activities are specifically prohibited in all zoning districts
throughout the Borough of Spotswood:
A.
Billboards and any signboards, advertising signs or devices not expressly
related to the business being conducted on the premises or otherwise
specifically permitted by this chapter.
B.
Boardinghouses, rooming houses, trailer coaches or mobile houses
except where specifically permitted by this chapter.
C.
All adult uses as defined by this chapter.
D.
Quarries or the removal of soil or mineral deposits in any form.
E.
Construction office trailers or similar modular or manufactured,
temporary nonresidential buildings shall not be permitted in any zone
in the Borough. Applicability for such buildings shall be determined
by the Zoning Officer. This chapter shall not prohibit the use of
a construction office trailer located on a site upon which the municipal
construction official has issued, and the property owner has maintained,
a valid construction permit. Such trailers shall be permitted at such
a location for a period coinciding with construction, and shall be
removed immediately upon all final inspections by the construction
official.
F.
Shipping containers, tractor-trailer cargo trailers or similar containers
used for storage, office or any other type of use as a building or
structure, whether temporary or permanent. Such a use shall require
approval under N.J.S.A. 40:55D-70.d. This chapter shall not apply
to the use of commercial, portable, on-demand storage or moving containers
less than 26 feet long which are used for one-time residential or
business moving or storage purposes. Such exemption shall only apply
to such containers used on a temporary basis and located on a specific
property for 90 days or less.
G.
Nothing contained herein shall prohibit the Zoning Officer/Construction
Official from permitting a temporary, individual mobile housing unit,
located on a lot that has had its principal dwelling unit substantially
damaged by fire, flood, tornado, hurricane, earthquake or similar
natural disaster. This provision shall remain in effect as long as
repair/recovery/reconstruction is being accomplished at the site,
but not for a period longer than two years from the date of damage.
A.
Insofar as is practical, side lot lines shall be either at right
angles or radial to street lines.
B.
Each lot must front upon an approved street, except that in instances
where private streets and/or other accessways are provided and approved
as part of a site plan and/or subdivision submission, each lot need
not front upon an approved street.
C.
All lots shall be suitable for the purpose(s) of their intended use.
Where there is a question as to the suitability of a lot or lots for
their intended use due to factors such as, but not limited to, rock
formations, poor drainage conditions or flood conditions, or percolation
tests or test borings indicating that ground conditions are inadequate
for proper sewage disposal for on-lot sewage treatment, the Board,
after adequate investigation and, where applicable, receipt of a written
report by the Borough Board of Health, may withhold approval of such
lot(s). If approval is withheld, the Board shall orally indicate the
reasons for withholding the approval, shall enter the same in the
minutes, and shall notify the applicant of its decision.
D.
Concrete monuments shall be installed in accordance with the requirements
of the New Jersey Map Filing Act (N.J.S.A. 46:23-9.9 et seq.) and
shall be indicated on the final plat.
E.
All lots and/or buildings on lots shall be oriented for solar energy
access where possible and desirable.
F.
All lots shall meet the area and yard requirements specified in Articles
400 and/or 600 of this chapter, as applicable, and shall meet these
requirements on land situated entirely within the Borough of Spotswood.
All uses and all development applications and/or application
for a construction permit shall provide documentation that the intended
use will comply with the performance standards enumerated below. In
the case of a structure being built where the future use is not known,
a construction permit may be issued with the condition that no certificate
of occupancy will be issued until such time as this documentation
is submitted with respect to the particular occupant. These provisions
shall not apply to any sewage treatment plant which has received approval
by the New Jersey Department of Environmental Protection.
A.
Electrical and/or electronic devices. All electric or electronic
devices shall be subject to the standards, rules and regulations promulgated
by the appropriate state and/or federal agency.
B.
Glare. No use shall produce a strong, dazzling light or reflection
of a strong, dazzling light or glare beyond its lot lines. Exterior
lighting shall be shielded, buffered and directed so that glare, direct
light or reflection will not become a nuisance to adjoining properties,
adjoining units, adjoining zoning districts or streets. Unless required
by law, no lighting shall be rotating, pulsating or with other intermittent
frequency.
C.
Heat. No use shall produce heat perceptible beyond its lot lines.
Further, no use shall be permitted which could cause the temperature
to rise or fall in any body of water, except that this provision shall
not apply to any sewerage treatment plant which has received approval
by the New Jersey Department of Environmental Protection.
E.
Odor. Odors due to nonagricultural and nonresidential uses shall
not be discernible at the lot line or beyond.
F.
Storage and waste disposal. No provision shall be made for the depositing
of materials or waste upon a lot where they may be transferred off
the lot by natural causes or forces or where they can contaminate
an underground aquifer or otherwise render such underground aquifer
undesirable as a source of water supply or recreation, or where they
will destroy aquatic life. Provision shall be made for all material
or waste which might cause fumes or dust, which might constitute a
fire hazard or which might be edible or otherwise attractive to rodents
and insects to be enclosed in appropriate containers in order to eliminate
such potential hazards.
