Bound Brook City Zoning Code
21-10.2 General
provisions.
[Ord. No. 04-12 § 21-10.2; Ord. No. 07-03; Ord. No. 2012-10]
Each of the paragraphs and provisions of this subsection shall apply to all zone districts unless otherwise stated.
a.
Zoning Affects All Structures, Buildings and Land and the Uses Thereof. No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this chapter for the zone district in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the zone district in which such land, premises, building or structure is located. Any use, building or structure authorized by variance shall be required to conform to all bulk standards and other requirements of the applicable zone.
b.
Construction permits and plans, zoning permits and certificates of occupancy. No construction permit and no certificate of occupancy shall be issued by the Construction Official except upon application therefor in conformity with all the provisions of Subsection 21-10.6 of this section. No zoning permit shall be issued by the Zoning Officer except upon application therefor in conformity with Subsection 21-10.6. No sign erection permit shall be issued by the Construction Official except upon application therefor in conformity with the terms of Subsection 21-10.5 of this section.
c.
Subdivision of lot. Whenever a new lot or lots is, or are, formed from a part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to violate any of the requirements of this chapter and shall be in accordance with § 21-9.
d.
Yards. There shall be provided for every lot front, rear and side yards as required in the zone district in which the lot is located. All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located; provided, however, that on streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet, and further provided, that any lot which abuts a street with a proposed right-of-way greater than 50 feet in width as shown on the Master Plan for Streets of the Borough of Bound Brook, adopted pursuant to N.J.S.A. 40:55D-28, shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on the Master Plan.
No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one building may, by reason of change of ownership or any other reason be counted or included in order to comply with the yard, court or other open space requirement of any other building.
e.
Accessory buildings or structures. No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
The following requirements shall be met in all zones:
1.
No accessory building or structure shall have a ground area greater than the ground area of the principal building or structure on the same lot.
2.
No accessory building or structure shall exceed the height of 1 1/2 stories or 18 feet, whichever results in the lesser height.
3.
No accessory building or structure shall be permitted in any front yard unless otherwise regulated in this chapter. Accessory structures shall be at least three feet from any property line. The setback for accessory structures of less than 100 square feet shall be three feet from the property line, unless the yard is fenced in, in which case the setback shall be one foot from the property line.
4.
All accessory buildings shall be located at least 10 feet from any principal building situated on the same lot.
5.
Accessory buildings or structures may be built within any side or rear yard if the distance from any accessory building to the property line of the lot is equal to or greater than the height of the building or structure.
6.
Accessory buildings or structures on corner lots shall not be erected nearer to any street right-of-way line than the front yard setback required on the lot adjacent to the rear lot line of the lot upon which the accessory building is located.
7.
Garages in residential zones. A garage as an accessory use may be conducted on a single lot in any residential zone district.
(a)
Boats, house trailers, campers/motor homes, travel trailers, or other trailers measuring more than 24 feet must be in an enclosed garage. Anything measuring 24 feet or less shall be stored in a driveway at the rear or side yard as outlined in Section 21-10.2k, Outdoor storage.
[Amended 11-14-2017 by Ord. No. 2017-31]
(b)
Garages should not be rented to a non-tenant.
(c)
Garages in residential zones shall not be used for business purposes.
f.
Second principal building or structure on same lot prohibited. No lot shall contain more than one principal building or structure, except as permitted and regulated in this chapter.
g.
Required area or space. No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this chapter. No lot, yard, parking areas or other open space which is already less than the minimum required under this chapter shall be further reduced in area or dimension.
h.
Any use which is not specifically permitted is a prohibited use.
i.
Corner lots. All corner lots shall meet the front yard requirements for the front yard for each yard abutting a street.
j.
Nature and extent of uses of land. The control and regulation of the uses of buildings and structure by this chapter shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.
k.
Outdoor storage.
[Amended 11-14-2017 by Ord. No. 2017-31]
1.
Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones. In all cases, any storage in the side yard area must be at least 10 feet from the property line or in accordance with side and rear yard setbacks, whichever is greater.
2.
In all nonresidential zones and for all nonresidential uses, outdoor storage is only permitted in the side and rear yards as herein regulated. No article, equipment, vehicle, supplies or materials shall be kept, stored or displayed outside the confines of any building unless and until the same are screened by special planting or fencing, as approved by the Planning Board, and maintained in good condition, so that they shall not be visible from any adjacent property or public street.
3.
Where retail sales of new or used motor vehicles is permitted, the storage or display of such vehicles shall be screened from the street and abutting properties. Screening shall be by a solid six-foot-high fence along side and rear property lines and shall be by a landscaped planting (maintained by thirty-inch height) in the front yard area.
4.
In all residential zones, the outdoor storage of boats, house trailers, campers/motor homes, travel trailers, or other trailers measuring over 24 feet is prohibited. The outdoor storage of boats, house trailers, campers, travel trailers, or other trailers measuring 24 feet or less shall be limited to no more than one total unit (boat or house trailer or camper or travel trailer, or other trailer measuring 24 feet or less) per property and must be stored in a driveway at the rear or side yard.
(a)
No boat, house trailer, camper/motor home, travel trailer, or other trailer shall be located (stored) within the setback area of an abutting dwelling as reflected in this chapter.
(b)
Boats as described in this section and open trailers stored outside must be covered. Covers must be in good condition with no holes and properly secured.
(c)
All trailers, campers/motor homes, travel trailers, or other trailers as described in this section must be registered and in good condition.
5.
Outdoor storage/cargo (aka shipping containers) containers are prohibited in all zoning districts.
6.
A "PCPSF" portable containerized property storage facility or unit shall be permitted in all zones, provided:
(a)
The unit is registered with the Borough Code Enforcement Department. The property owner must provide: unit information; length, width and height of unit; location on property; date of delivery; and date of anticipated removal. The anticipated removal date is not to exceed 90 days. Renewal of registration may be permitted by the Code Enforcement Officer. A registration fee of $25 is payable to the Borough of Bound Brook.
(b)
Location. No PCPFS shall be located within the setback area of an abutting dwelling as reflected in this chapter.
(c)
Time and unit limit. No more than one PCPFS shall be located on specific residential premises and for period not to exceed 90 days from the date of delivery.
(d)
Other requirements. The following requirements shall be met by the owner or occupier of the residential premises with respect to a PCPFS:
(1)
The PCPFS situated on residential property shall only be used for the storage of personal property, furniture and household items normally located on or in a residential dwelling or premises and shall, upon written notification of the Township, be subject to inspection.
7.
Garbage containers (over 100 gallons' capacity)/dumpsters shall be permitted in all zones, provided:
(a)
The garbage container/dumpster is registered with the Borough Code Enforcement Department. The property owner must provide: unit information; length, width and height of unit; location on property; date of delivery; and date of anticipated removal. The anticipated removal date is not to exceed 90 days. A registration fee of $25 is payable to the Borough of Bound Brook.
(b)
Location. No garbage container/dumpster shall be located within the setback area of an abutting dwelling as reflected in this chapter.
(c)
Time and unit limit. No more than one garbage container (over 100 gallons' capacity)/dumpster shall be located on specific residential premises and for period not to exceed 90 days from date of delivery.
(d)
Exceptions:
(1)
Garbage containers/dumpsters (for large construction projects) exceeding one per property and exceeding 90 days may be permitted by the Construction Official; registration fee waived.
(2)
Garbage containers/dumpsters as permitted for commercial use (restaurants, retail businesses, etc.). Quantity, size, location and storage parameters are to be determined by the Land Use Board and detailed in final site plan resolution.
l.
Visibility requirements. All trees adjoining street rights-of-way lines in all zones shall have their branches trimmed at all times to insure unobstructed vision eight feet above the street pavement level. On any corner lot in any residential zone, no fence, structure, planting or shrubbery over 30 inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within 25 feet of the intersection formed by the projections of the two street rights-of-way lines at the corner.
m.
Planting and fences on street property lines. No fence, hedge, shrubbery or planting on any lot in any residential zone shall be permitted within one foot from any street right-of-way line.
n.
Conversion of existing structures. The conversion of existing structures to a use permitted in the zone district in which the structure is located is equally subject to the same regulations as are new structures to be constructed in the zone district.
o.
Access to uses. No driveway shall be permitted to serve any use other than the permitted use on the lot upon which the driveway is located.
p.
Mixed occupancy. Where mixed occupancy is permitted, the side and rear yard and area requirements of residence zone districts shall be met.
q.
Public buildings and structures. Before a building permit or a certificate of occupancy may be issued for any public building or structure owned or leased by any unit of the government or owned by any public utility, or for any such use in any residential zone, a site plan shall be submitted to the Board for approval or advice, as the case may be. The use shall meet all the required area, front, side and rear requirements of the zone and shall also meet the off-street parking requirements, landscaping and buffer requirements of § 21-9. Nothing shall be construed to permit storage yards, generating plans, and telephone exchange buildings. Buildings for municipal purposes for the Borough of Bound Brook are exempt from this requirement.
r.
Signs. No sign shall hereafter be permitted in the Borough unless it shall comply with the requirements of Subsection 21-10.5. All signs must comply with this chapter within five years of its adoption.
s.
Height exceptions. The height limitations required in each zone district shall not apply to church steeples. Church buildings, public school buildings and structures, flagpoles, or any municipally owned, leased or operated buildings, structure or use shall not exceed 45 feet in height above the average elevation of the ground at the foundation of the structure.
t.
Fences and retaining walls. In all zones no fence or wall shall exceed a height of six feet unless a higher fence or wall is authorized by the Planning Board to screen an area as part of site plan approval. All fences and walls shall be so erected that the finished side shall be away from the property containing such fence or wall. No fence or wall shall be constructed in any floodway as defined by the New Jersey Department of Environmental Protection, nor shall any fence or wall be closer to the center line of any brook than a distance that equals three times the average width of the brook, except as approved by the Planning Board as part of a site plan.
In all nonresidential zones and for all nonresidential uses, all fences or walls shall only be permitted as part of site plan approval.
In all residential zones, fences or walls four feet or less in height do not require a permit and can be constructed along the property line on the property containing the fence or wall in any side or rear yard. Fences six feet or less that are not more than 10% solid do not require a permit and can be constructed along the property containing the fence in any side or rear yard. Fences more than 10% solid are not permitted in any front yard. Fences more than 10% solid and higher than four feet are only permitted in a side or rear yard along a line where the distance from the fence is at no point closer to an existing dwelling on an abutting lot than the required side yard setback for the dwelling.
u.
Protections and encroachments. Except as hereinafter specified, yards and courts required under this chapter shall be entirely free of buildings or part thereof:
1.
Cornices, eaves, and chimneys may project not exceeding two feet over any required yard or court.
2.
Sills, leaders, belt courses and similar ornamental or structural features may project six inches into any required yard or court. An open fire balcony or fire escape may project into a required yard not more than four feet.
3.
Air conditioning equipment may not exceed 48 inches in height. Any air conditioning equipment less than 48 inches in height may extend three feet into the minimum side yard or rear yard area.
4.
In order to foster the improvement and rejuvenation of the B/R district, certain additional limited encroachments are also permitted.
Projections of existing structures whose front building line is coincident with the front street right-of-way line shall be permitted to encroach into public street rights-of-way, where such projections are deemed necessary by the Planning Board and are resulting from building maintenance and beautification projects. These encroachments are limited to the following:
(a)
Building veneers placed in front of and attached to existing walls may encroach not more than six inches into the right-of-way of a public street in a manner approved by the Planning Board.
(b)
Eaves, cornices, canopies, soffits, building overhangs and decorative building elements attached to structural elements of existing buildings qualifying under this subsection may encroach not more than two feet into the street right-of-way at the height not less than 10 feet above grade in a manner approved by the Planning Board. Encroachments of up to three feet at a height not less than 18 feet above grade are permitted in a manner approved by the Planning Board.
v.
There shall be no apartment or dwelling unit permitted in a basement portion of any building.
w.
Parking for residential use will be in accordance with Residential Site Improvement Standards, as amended.
y.
Any window, window panel or glass area on any residential, commercial, or mixed-use building must adhere to the following regulations:
[Added 3-23-2021 by Ord. No. 2021-08]
2.
Commercial storefronts must permit at least 50% visibility into the store area. Stacking of any merchandise and supplies within three feet of any storefront window is prohibited.
3.
Window treatments in commercial windows must present in good condition and are not permitted to cover greater than 50% of the vertical height of the window.
4.
Window treatments in any window must present in good condition.