The provisions in this division shall be in addition to and shall have the same force and effect as any of the district regulations, insofar as they may be applicable to a particular zoning district.

(Code 1992, § 208-98; Ord. No. 455, 4-10-1979)

The yard regulations of applicable business districts to the contrary notwithstanding, a gasoline pump, light standard, air tower, water outlet or similar equipment of a gasoline service station, but not including signs or storage of materials, may be placed within a required yard abutting a street but in no case closer to the street line than fifteen (15) feet.

(Code 1992, § 208-99; Ord. No. 455, 4-10-1979)

No lot area shall be so reduced that the area of such lot or the dimensions of any required yard shall be less than herein prescribed.

(Code 1992, § 208-100; Ord. No. 455, 4-10-1979)

(a)

Where a vacant lot is between two (2) improved lots, the front yard depth of the vacant lot shall be the average of the two (2) front yards of the improved lots.

(b)

Where a vacant lot adjoins an improved lot, the front yard on the vacant lot shall be the average of the front yard on the improved lot and the required front yard of the district in which the lots are located.

(Code 1992, § 208-101; Ord. No. 455, 4-10-1979; Ord. No. 733, 9-19-1993)

No building and no part of a building or porch, whether covered or uncovered, shall be erected within or shall project into any required yard in any district, except as may be provided for certain accessory use structures in the rear yard, and provided that piers and pilasters, cornices, buttresses, chimneys, fire escapes, steps, bay windows and balconies may project into any required yard.

(Code 1992, § 208-102; Ord. No. 455, 4-10-1979)

On any lot, no wall, fence, sign or other structure shall be erected or maintained and no hedge, tree or shrub or other growth shall be maintained which may cause danger on any street or into any street from any driveway by obscuring the view of any driver of a vehicle or of any pedestrian.

(Code 1992, § 208-103; Ord. No. 455, 4-10-1979)

(a)

For purposes of this section, the term "solid fencing" means any fence that is more than fifty percent (50%) solid. A solid fence is also a fence or barrier arrangement in which the portion that can be seen through from one (1) side to the other when viewed perpendicularly is fifty percent (50%) or less.

(b)

No fence shall exceed six (6) feet in height above the adjacent ground level.

(c)

No fence shall be erected along the side lines of a property from the rear house line forward in excess of four (4) feet in height above the adjacent ground level.

(d)

No fence shall be erected from the front house line forward that is a solid fence. This includes fences erected along a public right-of-way or across a front yard.

(e)

All fences shall be constructed with the finished side out and the structural side toward the interior.

(f)

Fences which are painted shall be painted in only one (1) color. All fences shall consist of one (1) color harmonious with the surrounding area. Multicolored fences are prohibited.

(g)

Every fence shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the building inspector.

(h)

The following fences and materials are strictly prohibited: barbed wire fences; short, pointed fences; canvas, cloth and electrically charged fences; poultry netting; and temporary fences, such as snow fences, expandable fences and collapsible fences.

(i)

All fences must be erected within the property lines, and no fences shall encroach upon a public right-of-way or interfere with vehicular visibility or traffic on corner lots.

(j)

Any fence not erected along the property lines shall not be in excess of six (6) feet in height above the adjacent ground level, provided that all other sections of this chapter are complied with.

(k)

Any fence that is removed or destroyed after July 22, 1986, must be replaced according to the provisions in this section.

(l)

Prior to the tearing up, digging into, breaking up, displacing, or excavation of land in order to erect any fence, a zoning permit shall be obtained from the joint land use office.

(Code 1992, § 208-104; Ord. No. 455, 4-10-1979; Ord. No. 573, 7-22-1986; Ord. No. 975-2010, § 208-106, 9-21-2010)

(a)

The term "driveway" means a private street or driveway.

(b)

No driveway shall provide access to a public street for more than two (2) lanes.

(c)

All driveways must be erected within the property lines, and no driveway shall encroach upon a public right-of-way.

(d)

All driveways shall be maintained in a safe and sound condition and in accordance with the approved plan on file with the building inspector.

(e)

Prior to the tearing up, digging into, breaking up, displacing, or excavation of land in order to erect a driveway, a zoning permit shall be obtained from the joint land use office.

(f)

All permitted off-street parking within driveways is defined by section 113-408.

(Ord. No. 975-2010, § 208-104, 9-21-2010)

Accessory uses permitted by this chapter shall include, but shall not be limited to the following:

(1)

Uses accessory to agriculture. Greenhouses, orchards and the propagation and growing of plants, including the sale of products grown on the premises.

(2)

Uses accessory to dwelling.

a.

Private garages, shelters for pets owned by a resident of the dwelling (specifically excluding kennels for the boarding and raising for sale of animals), private swimming pools, bathhouses, quarters for guests and domestic servants, tool sheds, greenhouses and compost containers: One (1) private garage per property is permitted in any side or rear yard provided that the owner or occupant complies with the following requirements:

1.

The presence of a principal structure to which a private garage would be customarily incidental thereto.

2.

A detached private garage is located no closer than five (5) feet to a side or rear property line except that a garage having a shared party wall enabling the parking of vehicles of contiguous properties within a single structure may be located on a mutual property line provided the consent of each adjacent landowner.

3.

On corner parcels, the setback of a detached private garage from an abutting roadway is to be at a minimum equal to the front yard setback of the prevailing zoning.

4.

In the case of garages whether attached or detached having side entry, a minimum side yard of thirty (30) feet is to be provided on the side of entry.

5.

The maximum floor area may not exceed eight hundred (800) square feet and the height does not exceed the lesser of twenty (20) feet of the height of the roofline of the principal structure to which the private garage relates.

6.

Architectural compatibility with the principal structure to which it relates is maintained as to form, materials, and design.

b.

Such home occupations as a professional office or studio for a doctor, teacher, artist, musician, lawyer, engineer, architect or practitioner of a similar character, and further provided that such professions and occupations shall be carried on only by persons living on the premises.

c.

Antennas for television and radio reception, and pole, mast, tower or similar structure erected and operated by a person who is a licensed radio operator, which shall not exceed thirty-five (35) feet in height above the ground.

d.

The renting of rooms within a dwelling in which the owner or the lessor resides to not more than two (2) persons, with or without provision of meals for such persons.

e.

Patios.

1.

Patio means a deck, veranda, terrace or courtyard.

2.

Every patio shall be maintained in a safe and sound condition and in accordance with the approved plan on file with the building inspector.

3.

All patios must be erected within the property lines, and no patios shall encroach upon a public right-of-way or interfere with vehicular visibility or traffic on corner lots.

4.

Prior to the tearing up, digging into, breaking up, displacing, or excavation of land in order to erect a patio, a zoning permit shall be obtained from the joint land use office.

(3)

Uses accessory to business and industry. The customary temporary storage of materials in transit or being delivered, gatehouses, watchmen's quarters and employee recreation facilities.

(4)

Uses accessory to public park. Customary recreational, refreshment and service uses and buildings in any public park, playground or other recreational area.

(Code 1992, § 208-105; Ord. No. 455, 4-10-1979; Ord. No. 488, 5-13-1981; Ord. No. 919-07, § 3, 5-22-2007; Ord. No. 975-2010, § 208-107, 9-21-2010)

(a)

Every sidewalk shall be maintained in a safe and sound condition and in accordance with the approved plan on file with the building inspector.

(b)

Prior to the tearing up, digging into, breaking up, displacing, or excavation of land in order to erect a sidewalk, a zoning permit shall be obtained from the joint land use office.

(Ord. No. 975-2010, § 208-105, 9-21-2010)

The following uses shall be prohibited:

(1)

Any use which is not specifically listed as being permitted or any use which is not similar in character to any use which is listed as a permitted use in the district regulations.

(2)

Automobile body graveyard, dump or sanitary landfill, unless under borough lease or management, or junkyard, unless screened from view from off the premises by means of a wall or fence or planting.

(3)

The overnight parking in an R Residential District of any vehicle used for the delivery of fuel oils or gasoline.

(4)

Outdoor sale of merchandise is prohibited in the planned retail business districts.

(5)

No more than one (1) business/vendor shall be permitted in any commercial unit at any one (1) time within the business districts. Multiple vendors within a commercial unit shall not be permitted.

(6)

Cannabis establishments, distributors and delivery services prohibited. Pursuant to Section 31B of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, C. 16), all cannabis establishments, cannabis distributors or cannabis delivery services are hereby prohibited from operating anywhere in the Borough of Audubon, except for the delivery of cannabis items and related supplies by a licensed cannabis delivery service based and initiated from a cannabis delivery service licensed location outside of the Borough of Audubon.

(Code 1992, § 208-106; Ord. No. 455, 4-10-1979; Ord. No. 827-02, § I, 7-23-2002; Ord. No. 2018-04, Art. I, 4-17-2018; Ord. No. 2021-07, § 1, 7-20-2021)

This chapter shall not apply to any existing or proposed building or extension thereof or to any land used or to be used by a public utility corporation if, upon petition of the corporation to the public utility commission and after public hearing, such commission should determine that the present or proposed facility in question is reasonably in the public interest and for the convenience or welfare of the public; provided, however, that all front and side yard regulations shall be complied with.

(Code 1992, § 208-107; Ord. No. 455, 4-10-1979)

(a)

Townhouses.

(1)

Not more than eight (8) townhouses shall be attached to form a single group.

(2)

End townhouses of a group may be oriented in a different direction from those comprising the interior of the group to achieve variety, but this shall not be deemed a requirement.

(3)

Off-street parking shall be provided in accordance with section 113-408 and located or arranged in any of the following ways:

a.

In conveniently located interior parking compounds or lots, each joint parking area serving not more than six (6) groups of townhouses and so arranged on the development plan as to provide generally equal access to all groups;

b.

Within an interior street, at right angles to the property line and opposite the townhouses served, provided that each group of parking spaces shall not extend continuously along a street but shall extend in total width no more than the overall length of the townhouse group served by such parking spaces; or

c.

In a combination of the above methods to meet the requirements of section 113-408.

(4)

There shall be a density not exceeding ten (10) townhouses per acre.

(5)

The development plan shall indicate a typical townhouse group, showing proposed variety in roofline, color and construction materials of the facades and front setback within the group, together with method of providing off-street parking for that group.

(b)

Multifamily dwellings. Typical architectural elevations of buildings showing heights and spacing of buildings, if more than one (1) building on a site, and the relationship to property lines shall be submitted, as well as a site plan for the entire project, at a scale of one (1) inch equals not more than twenty (20) feet, showing:

(1)

The layout of all buildings, driveways, off-street parking, walks, yards and open spaces for recreation for tenants and indicating the total lot area, the total number of dwelling units proposed and the height of typical buildings.

(2)

All information required in article VI of this chapter, as well as existing and proposed trees, shrubs and other vegetation.

(3)

For two-story multifamily dwellings:

a.

Building arrangement.

1.

Not more than three (3) buildings shall be attached, and courts shall be enclosed on not more than three (3) sides.

2.

The minimum distance between buildings shall be:

(i)

Three (3) times the height of the taller of two (2) buildings where any part of either building faces upon another, but in no case less than sixty (60) feet.

(ii)

Two (2) times the height of the taller of two (2) buildings where any part of either backs upon the other, but in no case less than forty-five (45) feet.

(iii)

The height of the taller of two (2) buildings where any part of one (1) abuts end to end to the other, but in no case less than twenty (20) feet.

b.

Length. The overall length in a single direction of any combination of attached buildings shall be not more than two hundred (200) feet.

(4)

For high-rise apartments and senior citizen housing:

a.

Density, as specified in the district regulations.

b.

The spacing of buildings. The space between any two (2) buildings shall be not less than the height of the taller of such buildings.

c.

Yards, off-street parking and coverage regulations, as specified in the district regulations.

(c)

Commercial buildings and groups thereof. Whether single buildings or groups thereof, the development plan shall show all required information in article VI of this chapter, to provide for proper review and approval.

(d)

Industrial buildings. The site plan or development plan in the case of two (2) or more buildings on a single lot, as in an industrial park, shall be at a scale of not more than forty (40) feet equals one (1) inch and shall show all information required by article VI of this chapter, as well as the expected number of employees.

(Code 1992, § 208-108; Ord. No. 455, 4-10-1979)

No swimming pools shall be located within front or side yards or within rear setback lines, and all such pools shall be provided with a complete enclosure, whether it be by fence, buildings or walls. The enclosure shall not be less than four (4) feet in height, and all gates shall be provided with locks. All gates enclosing swimming pools shall have self-latching handles.

(Code 1992, § 208-10; Ord. No. 455, 4-10-1979; Ord. No. 542, 10-9-1984; Ord. No. 733, 9-19-1995)

The installation and/or erection of satellite dish or microwave antennas must meet the following conditions:

(1)

The dish or antenna must be placed in a rear yard area. Roof-type installation is specifically prohibited.

(2)

The dish or antenna must be screened by landscaping to a height of no less than four (4) feet along all sides, except that a clear passage may be maintained for the minimum width necessary to achieve line-of-sight contact with the satellites to be served.

(3)

No more than one (1) such dish or antenna shall be permitted per lot.

(Code 1992, § 208-110; Ord. No. 558, 8-13-1985; Ord. No. 733, 9-19-1995)