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Borough of Mountain Lakes, NJ
Morris County
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Table of Contents
Table of Contents
[Amended by Ord. No. 9-81]
[Amended by Ord. No. 8A-87; Ord. No. 14-87; Ord. No. 15-87; Ord. No. 4-88]
Lot areas and height, setback, coverage and other restrictions on the bulk of buildings shall apply according to the accompanying Schedule I: Bulk Requirements, which is hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: Schedule I is included at the end of this chapter.
[Amended by Ord. No. 8A-87; Ord. No. 16-87; Ord. No. 3-90; Ord. No. 4-93; Ord. No. 10-96]
A. 
Lakefront exceptions.
[Amended 11-9-2009 by Ord. No. 15-09; 5-27-2014 by Ord. No. 05-14]
(1) 
It is the intent of this subsection that the view of the lake afforded existing houses or principal buildings on lakefront property shall be maintained to the extent reasonably achievable, balancing the rights of all parties. Where there is a neighboring house or principal building on an adjacent property, the setback distance from the lake of any proposed new house, addition or accessory structure shall be no less than the setback of the neighboring house or principal building, or 25 feet, whichever is greater. Where there are neighboring houses or principal buildings, on each side, on adjacent properties, the new setback distance shall be no less than the setback of a line drawn between the setbacks of the neighboring houses or principal buildings, or 25 feet, whichever is greater. Where the adjacent property is Borough-owned property, the next adjacent neighboring house or principal building shall be used to establish the setback as described above. This provision shall not apply to accessory structures five feet or less in height.
(2) 
No structure shall be located within 25 feet of the shoreline of a lake, of the bank of a watercourse or within delineated wetlands.
B. 
Front yard exception. Where there are two or more buildings preexisting in the block fronting on the same street, the front setback line of any new proposed building shall be, instead of the above specified distance for the appropriate zone, the average of the setback observed by the adjacent building to the left and the adjacent building to the right, or if the other buildings are all to the left or all to the right, then the average of the setbacks observed by the adjacent and the next adjacent buildings. If the adjacent property is vacant on one or both sides of the new proposed building, then the setback line shall be the average of the setback observed by the two nearest buildings, whether both lie to the left, to the right, or to either side, in both cases, exclusive of garages or any other accessory use structures, except that in no event shall the setback be less than the above specified distance for the appropriate zone. A building erected in a residential zone on a corner lot shall comply with the front setback requirement as to all streets abutting such lot.
[Amended 11-9-2009 by Ord. No. 15-09]
C. 
Minimum building envelope.[1]
[Amended 5-8-2006 by Ord. No. 07-06]
(1) 
Building envelope required. For the purpose of ensuring that every lot to be used for single-family residential development will have sufficient area to reasonably allow the construction of the dwelling and associated improvements without encroachment on easements that restrict development or environmentally sensitive features, there shall be a minimum building envelope, rectangular in shape, free of such features in the R-AA, R-A, R-1, R-2, RC-1, RC-2 and RC-3 Zones. The proposed building envelope must be created within the prescribed setback limits for the zone.
(2) 
Building envelope minimum size. Every lot to be used for single-family residential development shall have a minimum building envelope, rectangular in shape, in accordance with the following schedule:
(a) 
R-AA Zone: 85 feet by 100 feet.
(b) 
R-A Zone: 85 feet by 50 feet.
(c) 
R-1 Zone: 55 feet by 70 feet.
(d) 
R-2 Zone: 55 feet by 50 feet.
(e) 
RC-1 (conventional): 85 feet by 100 feet.
(f) 
RC-2 (conventional): 85 feet by 50 feet.
(g) 
RC-3 (conventional): 85 feet by 50 feet.
(3) 
The building envelope shall be free of:
(a) 
Easements that restrict development.
(b) 
Wetlands and wetland transition areas defined and delineated by the New Jersey Department of Environmental Protection (NJDEP).
(c) 
Slopes in excess of 15%.
(d) 
Open water bodies and watercourses.
[1]
Note: Ordinance No. 15-98, adopted 11-9-1998, provided that the minimum building envelope shall not apply to the development and subdivision of Block 116, Lots 2 and 3.03, in the OL-2/R-1 Zone.
D. 
Minimum lot size. The minimum actual size of a lot in a subdivision may also be affected by the regulations in Chapters 102 and 208.
E. 
Variances for solar energy. The Planning Board or Zoning Board of Adjustment, for the purpose of providing improved passive solar energy orientation of buildings, may grant a variance for minor adjustments of the setback requirements for a particular lot.
F. 
Oversized houses. In order to prevent a situation where a house is disproportionately large for its lot, the tables in Schedule I[2] for floor area ratio and improved lot coverage shall be used.
[2]
Editor's Note: Schedule I is included at the end of this chapter.
G. 
Projections which extend over setback lines. The space between any setback line and its lot line shall be open and unobstructed except for:
(1) 
The ordinary projections of window sills, belt courses, cornices, leaders and other similar ornamental or structural features which shall not project more than six inches.
(2) 
Roof overhangs which shall not project more than three feet.
(3) 
Bay windows which shall not project more than three feet and shall not have a support from grade to projection, provided that they are less than 1/3 of the area of the wall from which they project.
(4) 
Balconies which shall not project more than three feet and shall not have a support from grade to projection.
(5) 
Entrance stairs of not more than six feet in width along the wall of the building, nor projecting more than 10 feet from the wall, and subject to a ruling by the reviewing board. See "setback line" definition.
H. 
Pervious buffer. The first 2.5 feet from the rear and side property lines shall consist of pervious natural landscape. The purpose of the pervious buffer is to limit water runoff from driveways and other impervious surfaces of adjacent properties.
[Added 11-9-2009 by Ord. No. 15-09]