Advertising signs and billboards are not permitted in any district, except as otherwise provided in this Article VI. Notwithstanding the above, a sign of not more than two square feet advertising the location elsewhere of a church or a public or semipublic building, on written application, may be permitted in any district by the Planning Board, upon terms and conditions in the public interest where good cause has been satisfactorily proven for the necessity of such sign. In no case shall such sign be illuminated.

Business signs shall be permitted in the Community Business I District and shall not exceed 18 inches in height nor 75% of the width of the building to which it is attached and shall not project more than one foot from said building. Such signs shall advertise or promote the business located within said building.

The use of signs in any residence district shall be limited to the professional and business practices permitted in such residence district. Such signs shall show only the name of the principal person engaged in the professional or business practice. Such signs shall not exceed a height of 10 inches or a length of 18 inches, and there shall not be more than one sign for each building. In no case shall such signs be illuminated except by a light fixture which is an integral part of the sign and so arranged as to have the light shine only on the sign.

Any sign for the purpose of identifying the premises of a club or a public or quasi-public building in any district shall not be more than six square feet in area and shall refer only to the premises which it occupies. Such sign shall either be affixed to the building or situated not less than 10 feet from the lot line bordering the street. Notwithstanding the above, a church bulletin board of not more than 20 square feet may be placed not closer than 10 feet to the front lot line. In no case shall such sign be illuminated except by a light fixture which is an integral part of the sign and so arranged as to have the light shine only on the sign.

One real estate sign not more than four square feet in area and located at least two feet from the front property line may advertise the sale, rental or lease of the premises on which such sign is maintained. In no case shall such sign be illuminated.

Upon written application, temporary signs or exceptions to the foregoing sign limitations may be permitted by the Board of Adjustment, upon terms and conditions in the public interest where good cause has been satisfactorily proven for the necessity of the erection of a temporary sign or the exception to the limitations.

Neon tubes or other types of lights and strings, chains or rows outlining all or part of a business building or business premises are strictly prohibited.

Any lot existing heretofore as a legal, separate parcel and not complying with the minimum frontage width at the time of passage of this chapter may, notwithstanding such fact, be improved with a building, provided that the other regulations of its zone are adhered to and provided that the owner owns no other adjacent land which may be included as part of the lot in question.

Any building or use of a building, legal heretofore but not complying with the terms of this chapter at the time of passage, may, notwithstanding such fact, be continued as a nonconforming structure or use.

When a nonconforming use is changed to a use permitted in the district in which it is located, it shall not be thereafter changed from said conforming use to a nonconforming use.

A nonconforming use or structure shall not be modified, extended or expanded.

A nonconforming use or structure may be restored or repaired in the event of partial destruction thereof by fire or other causes.

Whenever a nonconforming use or structure has been abandoned, such use or structure shall not thereafter be reestablished, and any subsequent use or structure shall be in conformity with the provisions of this chapter.

Notwithstanding Subsection D hereof, a residential structure in a one-family zone that is nonconforming due to encroachment in the front, rear or side yard dimensions, as provided in the Limiting Schedule,[1] may be expanded, provided that said expansion does not take place in the area of front, side or rear yard encroachment, either by an intensification of use or an expansion of existing use, does not further or increase the encroachment in an dimension and provided further that the structure, as expanded, complies in all respects with the Limiting Schedule, except as to the nonconformity existing prior to said expansion. The purpose of this section is to permit expansion of nonconforming structures as delineated herein in areas of the lot which are not nonconforming. It is not the intention of the section to permit any change by way of expansion into an area that does, in fact, constitute an encroachment into the front, rear or side yard dimensions.

Residence districts. Yards referred to herein are in each case the entire yard, regardless of the minimum required yards provided in the Limiting Schedule (§ 175-16).

All districts. Accessory buildings, uses and structures and improvements shall be permitted only in a rear yard, subject to the following regulations, which shall apply to the entire rear yard, not just the required minimum depth:

Lot divided by district boundary. Where a lot is divided by a district boundary, such lot shall be regulated by all of the area and bulk and use regulations of the more restricted district.

Transition at district boundaries. Where a lot in the Community Business District abuts a lot in a residence district, there shall be provided along such boundary line in the community business district an unencumbered yard space as required by the Limiting Schedule for the abutting residence district. This requirement shall take precedence over the provisions of Note C of the Limiting Schedule, District (§ 175-16).[1]

(Reserved)[1]

(Reserved)[2]

All ladders or steps leading up to a swimming pool from the exterior grounds shall be removed from the swimming pool when the swimming pool is unguarded and unattended.

No person shall construct, install or maintain a swimming pool in the Borough of Demarest without first submitting a plot plan and specifications for the same to the Zoning Official of the Borough of Demarest, who shall issue a permit if the plan and specifications comply with the ordinances of the Borough.

Any property owner or person or entity in possession of property shall submit to the Zoning Official, prior to placement of a satellite earth station (dish), in excess of one meter in diameter if the property is located in Single Residence District A, BB, B, C or D or in excess of two meters in diameter if the property is located in the CB-I Commercial Business I District a plot plan and specifications showing the size of the dish, the proposed location of same on the subject premises and such other information as may be required herein.

The Zoning Official shall review said plan and render a decision within 20 days of the submission of said plan or within such further time as may be consented to by the property owner or person in possession of the property.

The plan shall be drawn on a map to a scale not smaller than one inch equals 40 feet and not larger than one inch equals 10 feet and shall include and show the following information:

Dimensions.

No satellite earth station shall be closer than 35 feet from any side property line and no closer than 20 feet from any rear property line.

In all zoning districts the dish shall be erected on a secure ground-mounted foundation. Maximum height indicated in the above schedule will be from ground level at the location of the dish foundation.

The dish should be in an unobtrusive location. It shall be effectively screened by a special planting screen or fence, as approved by the Zoning Official, which shall be maintained in good condition, so that the dish shall not be readily visible from any adjacent property or public street. Provision shall be made to minimize noise impact on adjacent properties.

Power control and signal cables from or to the dish shall be underground and installed in accordance with the appropriate building code, if required.

The application fee for a permit to install a dish shall be $25. In addition, the applicant shall deposit the sum of $100 to cover the cost of review sources deemed necessary by the Zoning Official and/or Construction Official, such as the Borough Engineer, Borough Attorney or other Borough personnel. The Treasurer shall place the deposit in a trust account and shall charge all disbursements for said review services. Any unused portion of the deposit shall be returned to the applicant. If the cost of review services exceeds the amount of the deposit, sufficient additional funds shall be deposited before any permit shall be issued.

Section 175-23E, F, G, H and I shall not be applicable to a dish one meter or less in diameter if the dish is to be placed, located or installed on property in Single Residence District A, BB, B, C or D or a dish two meters or less in diameter if the dish is to be placed, located or installed on property in the CB-I Commercial Business I District.

Notwithstanding Subsections E, F, G, H and I, if an applicant presents credible evidence to the Zoning Officer that satellite signals cannot be obtained or that said signal reception will be impaired by strict compliance with the regulations of Subsections E, F, G, H and I, or any of them, then the Zoning Officer may grant waivers from the strict application of those regulations so as to not unnecessarily burden access to satellite reception while promoting fair and effective competition among competing communication services providers. "Credible evidence," as used herein, shall mean a certification or affidavit from a qualified expert either that the satellite earth station will not have the look angle from azimuth alignment and elevation alignment needed to receive signals in a substantially unobstructed manner unless one or more of the regulations, specifying which one or ones, are waived in whole or part; or that to comply with the regulations and obtain substantially unobstructed signal reception would impose the expenditure of a sum of money, including costs required to screen, polemount or otherwise specially install the antenna, greater than the aggregate purchase or total lease cost of the equipment as normally installed.

The regulations of this section are enacted to protect and preserve the aesthetic ambiance of the Borough of Demarest, a residential community wherein 99.4% of the parcels are residential or vacant land.

A fence permit shall be issued by the Construction Official for all fences except living fences erected in the Borough. Except as provided in Subsection F, none of the other restrictions or provisions shall apply to living fences.

No fence erected on or around a residential lot or parcel of land shall exceed six feet in height, except as provided in Subsection C herein. Preconstructed fences of a standard six-foot height must be installed as close to the ground as possible. The total height of the fence will not include any slight undulations of the grounds, provided that 80% of the fence does not exceed the maximum height of six feet.

No fence shall be erected in a front yard of any lot in a residential district unless the fence is less than 50% solid and is not more than four feet in height.

Fences must be constructed with the face or finished side away from the property and the structural side toward the interior.

Fences which are painted shall be painted in only one color, harmonious with the surrounding area. Multicolored fences are prohibited.

Living fences or screening shall be planted no closer than three feet to the property line. Living fences shall be maintained in a neatly trimmed condition and shall not interfere with visibility on corner lots.

Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be blocked or dammed to create ponding.

Fences higher than six feet, such as those required around a tennis court, may be permitted in a residential zone by the Zoning Board of Adjustment. However, such a fence will be considered a structure and shall meet the requirements as set forth in § 175-19B.

The following fences and fencing materials are specifically prohibited: barbed-wired fences, short-pointed fences, canvas, cloth, electrically charged fences, poultry netting, temporary fences such as snow fences, expandable fences and collapsible fences, at any location of the lot upon which a dwelling or structure is situated. During construction on such property and until a certificate of occupancy is issued, a temporary fence may be maintained.

Every fence or wall shall be maintained in a safe, sound, upright condition and in accordance with the approved plan on file with the Construction Official.

All fences or walls must be erected within the property lines, and no fences will be erected so as to encroach upon a public right-of-way or to interfere with vehicular traffic or with visibility on corner lots or within 10 feet of any roadway and within 25 feet of the intersection of two roadways.

If the Construction Official, upon inspection, determines that any fence or wall or portion of any fence or wall is not being maintained in a safe, sound, upright condition, he shall notify the owner of such fence, in writing, of his findings and state briefly the reasons for such findings and order such fence or wall or portion of such fence or wall repaired or removed within 10 days of the date of the written notice. Each day that the person fails to obey the order referred to above shall constitute a separate violation of this chapter.

No fence permit shall be issued by the Construction Official until the applicant provides the Construction Official with a set of plans or description of the proposed fence and a sketch or survey showing the proposed location of the fence. The proposed fence shall be constructed in conformity with the plans or description and shall be located as shown on the sketch or survey. If the Construction Official, upon inspection, determines that any fence or wall has not been constructed according to the plans or description or has not been located as shown on the sketch or survey, he shall notify the owner of such fence or wall, in writing, of his findings and order such fence or wall to be constructed according to the plans or description or order the fence to be located as shown on the sketch or survey. Such owner shall either remove the fence or comply with the order of the Construction Official within 10 days of the date of receipt of the written notice. Each day that the owner fails to obey the order referred to above shall constitute a separate violation of this chapter.

All swimming pools now or hereafter constructed shall be enclosed by a substantial fence no less than 48 inches in height, so constructed as to prevent, within reason, any person from gaining access beneath or through such fence, and it shall have a similarly substantial self-latching and self-closing gate of the same height as the fence with latches placed four feet in height and with facilities for locking the gate when the pool is unguarded or unattended.

No fence may be erected in excess of six feet.

No fence may be erected within 10 feet of the curbline or edge of pavement of any street (whether in front, side or rear yards).

Any fence erected within 25 feet of any street, as defined herein (whether in front, side or rear yards), may be no higher than four feet and must be at least 50% open.

Fence heights will be measured from the Average Natural Contour (as defined in this chapter), excluding berms and swales.

Fences may not be erected on walls, except that fences may be erected on retaining walls, provided the combined height of the retaining wall and fence do not exceed the applicable fence height limit.

In Community Business District I and for nonresidential uses permitted in a residential district, no parking space or access thereto, except entrance or exit drives as limited in this section, shall be between the front building setback line and the street line. Entrance and exit drives connecting the parking area and the street shall be permitted between the front building setback line and the street line as required above provided that:

Required parking for various uses; buffer area.

Special or conditional parking and storage regulations.

Golf courses and golf courses with club facilities in the G - Golf Course District must meet the following standards:

The clubhouse must meet the following standards:

A golf course with club facilities may have a secondary social facility (e.g., 19th hole) other than the clubhouse which must meet the following standards:

Additional club facilities.