Within the Borough of Eatontown no building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt; nor shall any land or building be used for any purpose until a zoning permit has been granted by the Zoning Officer permitting such action. (See Article XII.)

Within the Borough of Eatontown no building or structure shall be occupied or used, in whole or part, and no building or structure shall be reoccupied or used, in whole or part, after it has become vacant until a certificate of use and occupancy has been issued in accordance with the procedures and requirements of the Building Code of the Borough of Eatontown as supplemented by the procedures and requirements of this chapter and Ordinance No. 1770.

The above-mentioned zones are shown on the map entitled "Zoning Map," which is attached hereto and made a part of this chapter.[1]

Zone boundaries. Where uncertainty exists as to any of said boundaries as shown on said map, the following rules shall apply:

No building shall hereinafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt, nor shall any land be designated, used, or intended to be used for any purpose other than those included among the uses permitted in each zone by this chapter and meeting the requirements as set forth by the schedules included within and hereby made a part of this chapter.[1] Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations designated in said schedules and this chapter for the zone in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter and the certificate of occupancy for such building shall thereupon become null and void.

Every principal building shall be built upon a lot fronting upon a duly accepted public street and sidewalk, both of which have been improved in accordance with the applicable Borough standards for which a performance guarantee has been posted with the governing body to assure such improvements in accordance with Article X of this chapter.

The minimum width requirements as specified in the schedule shall be measured at the rear line of the required front yard area provided that in no case shall the frontage or the distance between side lot lines be reduced to less than 60% of the specified minimum width.

Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Borough of Eatontown or the County of Monmouth is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.

No lot shall have erected upon it more than one residential building except in the case of rental apartment or condominium projects constructed in accordance with the Borough codes.

An accessory building attached to the main building shall comply in all aspects with the requirements of this chapter applicable to the main building.

Detached accessory buildings shall be located to the rear of the rear building line of the principal structure and shall comply with the provisions of the schedule governing their location.

When the rear yard of the corner lot adjoins the front yard of another lot, no accessory building on such corner lot shall be located nearer to the common street line than a distance equal to the depth of front yard required along such frontage.

Any yard adjoining a public street shall meet the front yard requirements for the applicable zone.

No yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building.

At the intersection or interception of two or more streets, and/or driveways, no hedge, fence or wall higher than 2 1/2 feet above street level, nor any obstruction to vision, other than a single post or tree not exceeding 16 square inches in cross-section area, shall be permitted within the triangular area formed by the intersecting lines and a straight line joining points located on said street line 25 feet distant from the intersection thereof, unless Section V C(5) of the Subdivision Resolutions of the County of Monmouth imposes a greater requirement which shall be met.

A new construction of principal buildings other than one-family dwellings shall have all utilities placed underground.

Keeping of chickens on residential lots less than five acres. Chickens may be kept and maintained on single-family residential lots as an accessory use on lots less than five acres, provided a zoning permit is first obtained from the Zoning Officer, and subject to the following requirements:

Height.

Projection. Chimneys, cornices or eaves may project into any front, side or rear yard not more than 24 inches provided the total area of the projection does not exceed nine square feet. An open or lattice-enclosed fire escape or fireproof outside stairway may project into any yard not more than 25% of the distance from the building wall to the lot line. There shall be no other projections into yards of more than four feet. Under no circumstances shall any projection be closer to any lot line than four feet in any residential zone.

Undersize lots of record. Any lot with an area or width less than that prescribed for a lot in the zone in which such lot is located, if such lot was in existence as a single lot at the date of the adoption of this chapter, and the owner thereof owns no adjoining land and has owned no adjoining land since the adoption of this chapter, may be used as a lot for any purpose permitted in the zone, provided that no lot of less than 5,000 square feet in area or 50 feet in width may be used for any purpose permitted in the zone in which they are located. The above applies if such lots were included in a subdivision plat which was either duly approved under the Municipal Planning Act of 1953 or prior to the effective date of this chapter and final approval was obtained within three years from the date of tentative approval, and provided further that the final subdivision plat in either instance shall have been duly recorded in the office of the County Clerk within the time required by law.

Yards. Upon application, the Zoning Officer may vary the yard requirements of a lot to permit the construction of a building in accordance with the following standards:

Municipal buildings and facilities deemed appropriate by the governing body.

Public schools accredited by and which meet the minimum site size standards of the New Jersey Department of Education and private schools which are accredited by and affiliated with a recognized educational organization. Schools shall meet the yard and bulk requirements of the schedule, § 89-47.[1]

Essential services as defined in the Code of the Borough of Eatontown.

Off-street parking in accord with the regulations herein.

Signs in accord with the regulations of Article XI of this chapter.

A satellite dish antenna is a permitted accessory use in all zones provided the lot on which it is located contains a principal structure and meets the following requirements:

Any accessory use clearly incidental to the principal use on the lot, provided that any and all regulations of the Borough Code are met.

Off-street parking space shall be provided as specified in the schedules of § 89-47[1] and shall be provided with the necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be encroached upon or reduced in any manner. Such parking areas shall be clearly lined for car spaces except when provided in conjunction with one-family and two-family use and shall be adequately drained subject to approval of the Borough Engineer. For one- and two-family uses, parking areas provided in the front yard shall be hard surfaced to the limits to accommodate the spaces required in the schedules of § 89-47. All hard-surface parking in any front yard of a residential zone shall be subject to the maximum impervious requirements as indicated on the schedules of § 89-47.

When more than one building or use is located upon the same lot or more than one use is carried on in the same building, off-street parking shall be provided for each building or activity as if they were separate buildings or uses.

Where parking spaces are required on the basis of the number of employees, the largest number of employees present for duty at any one time shall be the number used to calculate the required number of parking spaces.

Where parking spaces are required on the basis of the number of square feet, the number of square feet shall be determined by measuring the exterior perimeter of a particular building. For a regional enclosed planned shopping center, the number of parking spaces required shall be calculated based on the gross leasable area of the shopping center. If the mix of uses proposed is atypical of a regional enclosed shopping center, then the municipal approving agency may require that the applicant submit a parking analysis to evaluate the adequacy of the parking arrangement. If necessary, additional parking in excess of the minimum required standard prescribed by ordinance may be required. Uses typical of shopping centers include, but are not limited to, retail stores, restaurants, and cinemas. Trip Generation issued by the Institute of Transportation Engineers should be used as a general guideline for evaluating the use mix typical of shopping center development.

Where the parking standard for one use is on the basis of one item, or a second item, the standard requiring the largest number of parking spaces shall apply.

Where the parking standard is on the basis of one item and a second item, both standards shall be met individually.

The collective provisions of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings and/or uses computed separately and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.

Any parking area for four or more vehicles which abuts, is across the street from, or within a residential zone shall be attractively shrubbed on its entire periphery by the planting of staggered and overlapping evergreen and deciduous trees and shrubs of such specie and size as will produce within two growing seasons (May through September), after planting, a screen at least eight feet higher than the maximum elevation of the adjacent parking area and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the full course of the year. Where the adjacent land elevation is higher than the maximum elevation of the adjacent parking area, trees and shrubs shall be at least two feet in height, satisfaction of the eight foot requirement notwithstanding. Where such parking area is for 25 or more vehicles the approving board may require an earth mound of a feasible height in addition to screen planting. The height requirement for screen planting may be reduced by the height of a required earth mound but to not less than four feet. Where such screening is required, it shall be assured by a performance guarantee posted with the Borough Council in an amount equal to 50% of the estimated cost of trees and shrubs and planting. Such guarantee shall be released only after passage of the second growing season (May through September) following planting. Soil shall be seeded in grass, dead shrubbery shall be replaced, and the entire area attractively maintained. (See § 89-39.)

In residential zones, all parking areas except those serving one- and two-family dwellings shall be in other than the required front yard area. In other zones, parking areas may be in any yard area.

No parking area shall be within a required buffer zone. No parking area in any zone containing between four and 50 parking spaces shall be closer than 35 feet to another property which is within a residential zone or closer than 20 feet to a street line. Parking areas containing 50 or more parking spaces shall not be closer than 50 feet to another property which is within a residential zone, nor closer than 30 feet to a street line. In no event shall any parking area be closer than 10 feet to any lot line.

Every parking area in any zone containing more than 10 parking spaces shall be provided with internal shade trees at a rate of one tree for each 15 parking spaces or fraction thereof. Said trees shall be of a type approved by the Shade Tree Commission and shall have a minimum caliper of "two to 2 1/2 at one foot." Large shade trees as defined in § 89-4 shall be installed at forty-foot minimum on center around the perimeter of the parking lot and on both sides of the driveways. Small shade trees as defined by § 89-4 shall be installed at 25 feet minimum on center, instead of large shade trees, if planting location is within 15 feet of an overhead utility. There shall be a minimum of one nine feet by 19 feet tree island with one large shade tree within the parking lot for every 15 parking spaces. There shall be no more than 20 spaces contiguous. Small shade trees shall be installed, instead of large shade trees, if planting location is within 15 feet of an overhead utility. For parking lots more than one interior parking row of parking, every second row of parking shall have a nine-foot minimum wide curbed planting strip with large shade trees which shall be installed at 40 feet minimum on center, if planting location is within 15 feet of an overhead utility. Adequate and appropriate shrubs shall be installed in between the shade trees to finish landscaping the planting strip.

(Reserved)

None of the off-street parking facilities required by this chapter shall be required for any existing building or use, unless said building or use shall be enlarged or extensively altered, in which event off-street parking shall be provided up to the standards of this chapter insofar as possible and reasonable.

All uses other than one- and two-family dwellings shall provide screened areas for truck loading and unloading of sufficient size to permit the transfer of goods and products in other than a public street, public parking area or any area designated as fulfillment of the off-street parking requirements of this chapter. The access to and egress from such areas shall be so designed as to avoid the backup of vehicles waiting to load or unload and to minimize interruption of traffic flow on adjacent street.

No commercial vehicle shall be parked out-of-doors overnight in a residence zone; provided, however, said restriction shall not apply to one commercial motor vehicle of a rated capacity of 3/4 ton or less, owned or used by the resident of the premises to go to and from business, which vehicle may be parked or garaged overnight on any premises within a residential zone; provided further, however, that no commercial motor vehicle shall be stored between the street line and the line of the front wall of the main building extended to the side lines of the lot, and no permitted commercial motor vehicle parked in a residential zone may have a load extending more than four feet beyond the rear or front of the body, or any lateral projection on the top in excess of 18 inches or on the sides in excess of 12 inches. Overnight parking shall consist of continuous parking of one hour or longer duration between the hours of 2:00 a.m. and 5:00 a.m. prevailing time. Excluded from these prohibitions are emergency or service vehicles while actually engaged in emergency or service calls.

No trailers designed or used for hauling or transportation shall be regularly parked or stored on any lot in a residential zone. No trailers shall be parked or stored on any lot in a nonresidential zone for more than a twenty-four-hour loading or unloading period. However, in a residential zone, not more than one boat with trailer, one boat, or one recreational vehicle (not occupied on the premises) may be parked or stored outdoors, but only in the rear yard of a lot. This parking or storage requires a permit and must comply with the minimum yard requirements for an accessory building in that residential zone.

No bus may be habitually parked on the streets or off-street in a residential zone.

A permit shall be required from the Borough of Eatontown Police Department for any overnight parking on public property other than a public street.

Approvals and permits.

Requirements for new installation of EVSE and make-ready parking spaces.

Minimum parking requirements.

Reasonable standards for all new EVSE and make-ready parking spaces.

Access points shall be limited to one combined ingress and egress driveway or one each ingress and egress driveway on all frontages of less than 100 feet. Frontages of at least 100 feet but less than 300 feet shall be permitted two driveways for ingress and two driveways for egress either individually or in combination. Frontages of at least 300 feet but less than 500 feet shall be permitted three driveways for each ingress and egress either individually or in combination. Frontages of 500 feet or more shall be permitted four driveways for each ingress and egress either individually or in combination.

Driveways or curb cuts shall be not less than 20 feet or more than 36 feet in width except in conjunction with single-family homes. This requirement shall not be applied, however, to preclude the provision of adequate curb radii.

No access point shall be closer than 50 feet to the intersection of public streets, measured from nearest curbline of driveway to nearest curbline of intersecting street, extended as necessary for measurement purposes.

The placement and design of access points shall not create a hazardous condition and shall minimize conflict with the flow of traffic on adjoining streets. Access points shall be subject to approval by state and county authorities when affecting roads under their jurisdiction.

Setbacks.

Access driveways within parking areas shall be of the following minimum widths:

Topsoil shall not be removed from any lot or parcel except upon the granting of a special permit by the Borough Council pursuant to Chapter 278, Soil Erosion and Sediment Control, of the Code of the Borough of Eatontown. Topsoil shall not be removed from the corporate limits of the Borough. Subsurface soil or other subsurface material shall be removed only in conjunction with construction and only to the extent required to execute an approved site plan.

No live tree or shrub as defined in this chapter shall be removed from any lot without first meeting the requirements of § 89-3C. The applicant shall preserve not less than 15% of existing standing trees and related shrubs and undercover. The percent of the wooded areas to be preserved shall be calculated as the percent of the total site area (excluding environmentally critical areas) referred to in the tree removal and site clearing permit. Certain paved or otherwise covered areas (such as areas within parking lot) under the canopy of a mature standing tree out to the drip-line, may be included as part of the undisturbed area. When this is done, adequate pervious ground areas encompassing the root crown of each tree must meet the arboricultural standards required to support the life of each such species of tree.

Every effort shall be made to retain all natural watercourses during subdivision and site planning, incorporating appropriate measures of stream management and improvement to assure the continued functioning of such watercourses as a part of the drainage system of the Borough. While this provision shall not be interpreted to prohibit the rechannelization or piping of watercourses, the Planning Board may require developers to weigh hardship which would be imposed by the continuance of a watercourse at its existing location. In any residential zone, no principal or accessory building shall be constructed closer to the center line of a watercourse which carries water six months or more during a year than a distance equal to 1/2 the minimum lot depth for a single-family home in that zone. In no event shall the elevation of any floor within a structure for human habitation be lower than one foot above the one-hundred-year flood elevation within any flood-prone or floodplain area.

Wherever this chapter imposes a screening requirement, a swath of existing vegetation shall be preserved if such natural ground cover already exists in the appropriate location and in appropriate quality and density. If necessary such existing vegetation shall be supplemented by nursery stock in accordance with the details of the approved site plan.

Wherever this chapter would impose a landscaping and seeding requirement, natural vegetation shall be preserved in all areas where it exists in appropriate quality and quantity and has attained a height of at least six feet. The landscaping and seeding requirement shall still apply, in part or fully because of regrading or inadequate vegetation, in accordance with the details of the approved site plan.

In conjunction with multifamily, commercial, industrial, and residential development, all areas of a lot not occupied by buildings, pavement or other surfacing, or other required improvements, or undisturbed areas in which trees, shrubs, and undercover do not exist in the appropriate quality and quantity, shall be landscaped by planting grass and/or ground cover, shrubs and trees. Such trees and shrubs shall be a type approved by the Shade Tree Commission and the trees shall have a minimum caliper of 2 1/2 inches at a height of one foot. Placement of the plant material shall be appropriate to enhancement of the property and in accordance with a landscape plan approved by the Site and Design Committee. Minimum evergreen screening tree size shall be six to eight foot tall. Trees shall be planted four feet minimum with a preference to six feet from sidewalks, pavement, curbs or other impervious surfaces, except buildings where trees shall be planted a minimum of 10 feet away. All shade trees and screening trees shall be noninvasive species and varieties required by the Borough Code at § 89-83 and as approved by Eatontown Shade Tree Commission. Only small shade trees shall be planted under or within 15 feet of an overhead utility. No large or medium shade trees will be permitted. (See definition section for size of trees.) No certificate of occupancy shall be given until shade trees are installed as required by approved site plan for that lot. If the site is ready but is not in the proper planting season, a temporary certificate of occupancy (TCO) will be used. Trees must be planted within six months of issuance of TCO. At such time the trees are accepted by the Borough Arborist or Borough Engineer, a certificate of occupancy shall be issued. The following species diversity shall be used: Whenever an application plan calls for five to 10 plantings, two or more different kinds of species shall be planted. If between 11 and 20 plantings, four or more species shall be planted; between 21 and 35, five or more species shall be used; and if more than 36 plantings are to be used, an additional species be provided for every 12 plantings and the minimum diversity amongst plantings shall be 10%. All shade, ornamental and screening trees shall be balled and burlapped.

In order to provide adequate buffering between uses of differing classifications, a buffer zone shall be provided in conjunction with the development of any nonresidential use on a lot adjacent to or across a street from a lot zoned for residential or public purposes. This requirement shall not apply to a street line, however, where the nonresidential use and the residential zone or public zone are separated by Route 35, Route 36, Wyckoff Road or Tinton Avenue. Such buffer requirements shall apply to every property line that abuts or is across any other street from a lot in any residential or public land zone. In a B-1 Zone, the width of the buffer zone shall be a minimum of 10 feet. In a B-2, B-2MH or M-2 Zone, the minimum width of the buffer zone shall be 20 feet and that shall be the requirement for a building or group of buildings on one lot up to 10,000 square feet in gross floor area. In the B-4, MB and PBO-88 zones, the minimum width of such buffer zone shall be 50 feet and that shall be the requirement for a building or group of buildings on one lot up to 20,000 square feet in gross floor area. In the BP-1 Zone, the minimum width of such buffer shall be 100 feet for any use, building or group of buildings. Where lots in the BP-1 Zone face any single-family residential zone on Weston Place, the minimum width of such buffer shall be 150 feet for any use, building or group or buildings. In a B-3, M-1, BP-2 or PBO-200 Zone, the minimum width of such buffer shall be 100 feet and that shall be the requirement for a building or group of buildings on one lot up to 65,000 square feet in gross floor area. In the B-2, B-2MH or M-2 Zone, the width of the buffer shall be increased by one foot for each 1,000 square feet of gross floor area or fraction thereof that the building or group of buildings on the lot exceeds 10,000 square feet in gross floor area. In the B-4, PBO-88 or BP-1 Zone, the width of the buffer zone shall be increased by one foot for each 1,000 square feet of gross floor area or fraction thereof that the building or group of buildings on the lot exceeds 20,000 square feet in gross floor area. In an MB Zone, the width of the buffer zone shall be increased by one foot for each 1,000 square feet of gross floor area or fraction thereof that the building or group of buildings on the lot exceeds 20,000 square feet in gross floor area. In the B-3, M-1, BP-2 or PBO-200 Zone, the width of the buffer zone shall be increased by one foot for each 1,000 square feet of gross floor area or fraction thereof that the building or group of buildings on the lot exceeds 65,000 square feet in gross floor area. The buffer requirement along lot lines abutting property zoned for residential purposes but used for nonresidential purposes may be reduced to 60% of the computed width requirement but no such reduction shall result in a buffer of less than 90 feet and must otherwise meet all requirements. If the required 100 foot buffer is provided on any property within the R-TH/SCH overlay of the MB Zone adjacent to any undeveloped commercial property within the MB Zone, no additional buffering shall be required on the adjacent MB zoned parcel upon future development of that parcel for any use permitted in the MB Zone.

Within any required buffer zone, the reviewing board shall require an earth mound (berm) where it is deemed necessary to accomplish the intent and purpose of the buffer requirement unless the existing conditions of topography, vegetation or other circumstances are such that the earth mound cannot be constructed physically or the construction of the same would impair achievement of the intent and purpose of the buffer requirement. The purpose of such mound shall be to provide a sight and sound barrier between the nonresidential use and the residential or public zone land. Such mound shall be of an appropriate height to create to the maximum extent feasible a total sight barrier blocking the view of parking and building(s) on the nonresidential lot from the residential or public zone land and to provide for a maximum noise level as established by Chapter 218, Noise, at 10 feet above ground elevation at the closest lot lines of the lots in a residential or public land zone. The maximum height of earth mound which shall be required shall be 10 feet. The minimum width of the top of a berm shall be eight feet and the minimum slope of the sides of a berm shall be 3:1 unless the slope is planted with low-maintenance ground cover in which case it may be increased up to 2:1. Screen planting as required by § 89-39G shall be modified as necessary to provide for evergreen trees to span the earth mound [see § 89-39G(3)]. The foregoing specific standards are set forth for the guidance of the reviewing board. The foregoing general language is to permit a cooperative endeavor between applicants, the reviewing board and the public to maximize accomplishment of purpose even where that requires reasonable deviation from the specific standards. Where required by the Borough for purposes of proper drainage, the berm may be broken.

Where a nonresidential use is established across the street from a residential zone, no use, activity or building other than permitted signs and accessways shall be permitted closer to that street line than the setback for parking areas from that street line as required by § 89-36J.

In addition to the buffer zone requirement, nonresidential buildings abutting a residentially zoned lot shall observe the following setbacks from all lot lines which are common with the residentially zoned lots unless the requirements of the schedule for the subject yard plus the required buffer zone is greater, in which case the greater requirement shall apply:

Screening shall be installed and maintained in all required buffer zones, Screening also shall be installed and maintained along all exterior tract boundaries of all garden apartment, townhouse, patio home, quadplex or zero-lot-line home projects and of all mobile home parks. Screening also shall be installed and maintained around the entire perimeter, other than access points, of all parking areas for four or more vehicles unless such parking area is otherwise screened by a buffer zone. This requirement shall be coordinated with the requirements of § 89-32K. Whether or not in conjunction with an earth mound as described in § 89-39C, intent of screening shall be to visually screen to the maximum extent feasible parking, lighting and buildings from adjacent residential areas to provide for a maximum noise level as established by Chapter 218, Noise, at any adjacent residential property line, measured 10 feet above ground level at the property line and to break up the visual impact of large parking areas.

Within required buffer zones screening shall consist of the following:

Along property lines other than street lines of garden apartment projects or mobile home parks screening shall consist of three rows of trees, two evergreen rows and one deciduous row, planted in accordance with the specifications of § 89-39G(2).

Around the perimeter of parking areas for four or more vehicles screening shall consist of the planting of staggered and overlapping evergreen and deciduous trees and shrubs of such specie and size as will produce within two growing seasons (May through September), after planting, a screen at least eight feet higher than the elevation of the adjacent parking area and of such density as will obscure 75% of the light emitted from automobile headlights on the premises throughout the full course of the year. Where the adjacent land elevation is higher than the parking area at elevation, trees and shrubs shall be at least two feet in height, satisfaction of the eight-foot requirement notwithstanding.

Wherever this section would create a conflict with § 89-32K, the reviewing board may alter the height or spacing requirements as necessary to eliminate the conflict.

Wherever a screening requirement is imposed and to the extent that general landscaping is in fulfillment of the specific requirement of §§ 89-37 and 89-38 a guarantee in the form of a surety bond, cash or security deposit, certificate of deposit or other form acceptable to the Borough Council shall be provided to Borough Council in an amount equal to 50% of the cost of plant material and planting to assure the vitality of all such plant material for two years after planting. After two full growing seasons (May through September) following planting, any portion of such guarantee not required to replace dead plant material subject to the guarantee shall be returned to the depositor. The passage of the two-year period and release of any portion of the guarantee shall in no way limit the responsibility of the property owner to maintain the plant material continuously thereafter.

In support of the intent of buffering to provide a visual screen, the exterior color of nonresidential buildings shall be subject to the approval of the reviewing board as part of site plan review. The choice of color shall be the prerogative of the applicant but shall be a color which will blend into the vista from the residential or public land zone, especially during the dormant period of the deciduous trees within the buffer zone.

No fence or wall hereafter erected, altered or reconstructed in any residential zone or on lots in any other zone on which residential buildings exist shall exceed 2 1/2 feet in height above the street level when located within 25 feet of any street line or more than six feet above ground level at the base of the fence or wall when located more than 25 feet from the street line. See § 89-32K.

No fence or wall hereafter erected or reconstructed in any business zone shall exceed a height of six feet above ground level unless required for security purposes.

No fence or wall hereinafter erected, altered or reconstructed in any industrial zone shall exceed a height of eight feet above ground level unless required for security purposes.

The foregoing restrictions shall not be applied so as to prevent the erection of an open wire fence not exceeding eight feet in height above ground level anywhere within a public park, public playground, a public school property, or around a commercial recreation use where such fence is for the purpose of containing an implement or missile necessary for the conduct of such recreational activity, or around outdoor storage within a commercial zone which conforms with all requirements of this chapter. Neither shall the foregoing be applied to restrict the erection of a retaining wall.

Nothing herein shall be applied to restrict the erection of suitable windbreaks for the winter protection of trees, shrubs, and other vegetation or the erection of protective fences around permitted public utility uses in excess of height limitations.

Every fence and wall shall be maintained in a safe, sound and upright condition and shall be subject to the inspection of the Construction Official.

Encroachments; finished side of fence.

Nothing in these requirements shall be construed to countermand the requirements of § 89-32K.

If a Borough 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 Construction Official in writing of his findings and state briefly the reasons for such findings. The Construction Official shall then determine if such wall or fence is an unsafe structure in accordance with the provisions of the Building Code of the Borough of Eatontown.

Private swimming pools may be constructed as an accessory use to a one-family dwelling unit or townhouse, patio home, quadplex, zero-lot-line home development, mobile home park projects or garden apartment projects in any residential zone in accordance with the provisions of Chapter 289, Swimming Pools, of the Code of the Borough of Eatontown, subject to the regulations of this chapter.

R-32 FRD Zone.

Listed above are the setbacks for residential zones in Eatontown for swimming pools. These setbacks would apply to the pool and all appurtenances, such as filter, deck, patio, etc. Only the fencing would be able to be located in a closer proximity to the property line.

Pursuant to Chapter 289 of the Code of the Borough of Eatontown, all outdoor swimming pools shall be enclosed by a substantial fence of not less than four feet in height with a self-locking gate, and at no time during the construction is the site to be left unattended while the fence is not in place. A substantial, temporary fence must be maintained during the entire course of the construction of the swimming pool.

Any use that has the character or is similar to an auction or a flea market, carnival, circus, bazaar, carousel, roller coaster, merry-go-round, Ferris wheel, pony or train ride, midways, sideshows, miniature golf courses (indoor or outdoor) and golf driving ranges, except that the Council may authorize such uses for a period not to exceed 30 days. The Council, however, may extend the same upon application for additional periods of time not to exceed one year in total. The Planning Board shall have the authority to allow indoor auctions and indoor miniature golf courses as conditional uses in the B-3 Zone provided the space occupied by either activity does not exceed 5% of the overall floor space including any common areas.

Auctions or flea markets. The Council, however, may authorize such uses for a period not to exceed two days when operated or sponsored by and for the benefit of a public, semipublic, educational, eleemosynary, charitable or religious organization, based in the Borough of Eatontown, provided that:

Penny arcades, shooting galleries, or other places of amusement or entertainment wherein are to be found games, coin-operated amusement, movie or entertainment machines, or similar machines that are operated or used by the public or for the public and paid for by way of money, passes, coupons or other authorization. This chapter shall not prohibit, however, coin-operated Laundromats, dry-cleaning or cafeteria establishments. Neither shall it prohibit the placement or the use of not more than two coin-operated bagatelle and/or amusement machines which are not associated with the primary use or purpose of the structure, which machines shall be licensed in accordance with the ordinance to license coin-operated amusement machines as therein required.

Any use which emits excessive or objectionable amounts of dust, fumes, noise, odor, smoke, vibration or waste products.

The use of any premises or buildings in such a manner that the health, morals, safety, or welfare of the community may be endangered.

The use of any premises for the public sale of sex paraphernalia (excepting birth control devices) or for the exhibition of motion pictures by individual viewing machines.

The use of any premises predominantly for the public sale of merchandise whose appeal taken as a whole is to a prurient interest and relates to the description or representation of sexual matters.

Massage parlor, massage businesses or premises which are retained for use by masseurs and/or masseuses. This section shall not forbid the operation of any facility for massage, bodywork or somatic therapy or physical therapy treatment provided the facility is a duly licensed medical center, hospital, sanitarium or the office of any duly licensed physician, osteopath, chiropractor, or physical therapist, or the office of a massage, bodywork or somatic therapist who has been certified by the Massage, Bodywork and Somatic Therapy Examining Committee of the State of New Jersey and provided that no person, other than massage, bodywork and somatic therapists so certified, shall have any physical contact with patients or persons within the office of the certified massage, bodywork or somatic therapist. In the event that no certifying procedure is established by the Massage, Bodywork and Somatic Therapy Examining Committee at the time of application to the Borough for the operation of an office to conduct massage, bodywork or somatic therapy then such application shall be granted provided the applicant meets the criteria for certification as established in the Massage, Bodywork and Somatic Therapist Certification Act (P.L. 1999, Chapter 19, N.J.S.A. 45:11-53 et seq.). Any application so granted shall be conditioned on the applicant securing a New Jersey certification within six months of the certifying procedure being established.

Notwithstanding that a restaurant is a permitted use in a particular zone as hereinafter set forth, no drive-in or take-home restaurant shall be permitted in any zone herein defined.

General. The provisions within this section including the Schedules of Permitted Uses shall govern the individual zones created by this chapter. All uses in all zones shall meet the requirements of the schedules which are hereby declared to be and made a part of this chapter, as such requirements are amplified, expanded, clarified or modified for special circumstances by the text of this section and all other requirements of this and other applicable Borough ordinances and regulations. Uses not specifically listed are prohibited uses except where the language establishing permitted uses provides for other uses such as and similar to the listed permitted uses to also be permitted uses. (See § 89-47.)

Regulations applying to the R-32, R-32TH, R-32FRD, R-20, R-20 RSC, R-20/R-TH/SCH, R-10, R-10A, R-10B, R-10 MH, and R-MLC residential zones.

Regulations applying to the B-1, B-2, B-2MH, B-3 and B-4 Business Zones.

Regulations applying to the M-B, PBO-88, PBO-200, M-1 and M-2 Industrial Zones.

Public land zone.

Regulations applying to the Historic District and historic sites/structures.

Floodplain regulations.

Regulations applying to the BP-1 Business Park Zone.

Regulations applying to the BP-2 Business Park Zone.

Regulations applying to the PBO-88, PBO-200 Professional Zone, BP-1 and BP-2 Business Park Zone.

Conditional uses in all nonresidential zones within the Borough. The following conditional uses are permitted subject to the following provisions:

The right of nonresidential developers to develop under the enhanced zoning created by Ordinance 3-2001 is nonseverable from the obligation to negotiate a mutually acceptable agreement and otherwise comply with Ordinance 2000-16 and that if, for any reason, any developer cannot negotiate a mutually acceptable agreement, the developer shall not be entitled to the benefits conferred by Ordinance 3-2001.[1]

Nothing herein is intended to deprive any nonresidential developer affected by Ordinance 3-2001 from developing pursuant to the underlying zoning that was in effect immediately prior to the enactment of Ordinance 3-2001 and merely paying the de minimus development fee contemplated by Ordinance 2000-16, which has subsequently been adjusted to 2% of EAV and may be further adjusted from time to time.

Continuance. Except as otherwise provided in this section, the lawful use of land or buildings existing at the date of the adoption of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone of which such land or building is located provided however, that a nonconforming lot shall not be further reduced in size; that a nonconforming building shall not be enlarged, extended or increased unless such enlargement would tend to reduce the degree of nonconformance; and that a nonconforming use shall not be expanded.

Abandonment. A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any use through inactivity or when there is displayed an unspecified "for sale" or "for rent" sign or a combination of any of these for a period of more than one year.

Restoration. If any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy in excess of 75% of its total value, it shall not be rebuilt, restored or repaired. Nothing in this chapter shall prevent the strengthening or restoration to a safe condition any wall, floor or roof which has been declared unsafe by the Construction Official.

Reversion. A nonconforming use, if once changed into a conforming use, shall not be changed back again into a nonconforming use.

Alterations. A nonconforming building may be structurally altered (but not enlarged or extended), during its life to an extent not exceeding in aggregate cost 50% of the assessed value of the building unless said building is changed to a building conforming to the requirements of this chapter.

Construction approved prior to ordinance. Nothing hereto contained shall require any change in plans, construction or designated use of a building for which a building permit has been heretofore issued and the construction of which has been diligently pursued within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit, and which entire building shall be completed according to such plans as filed within one year from the date of this chapter.

District changes. Whenever the boundaries of a zone shall be changed so as to transfer an area from one zone to another zone of a different classification, the foregoing provisions shall also apply to any nonconforming use existing therein or created thereby.

Industrial wastes and sewerage. All methods of sewage and industrial waste treatment and disposal shall be approved by the Borough of Eatontown Sewerage Authority and must be in accordance with all applicable regulations pertaining to treatment and disposal of sewage. The standards of such regulations, or the following, whichever are higher, shall apply:

Storage.

Smoke control.

Control of dust, dirt, fumes, vapors and gases.

(Reserved)

Control of odors. There shall be no emission of odorous gases or other odorous matter in such quantities as to be offensive at any point on or beyond the lot boundary line within which the industrial operation is situated. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, in order that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table 111, Odor Thresholds, in Chapter 5, "Air Pollution Abatement Manual," copyright 1951 by Manufacturing Chemists' Association, Inc., Washington, D.C. Where more than one authority is cited, the numerical average value for all authorities listed may be used.

Glare and heat control. No industrial use shall carry on an operation that would produce heat or glare beyond the property line of the lot on which the industrial operation is situated.

Vibration control. Machines or operations which cause vibration shall be permitted, but in no case shall any such vibration be perceptible outside of any zone.

Radiation or electrical emission, radioactivity or electrical disturbance. No activities shall be permitted which emit dangerous radioactivity beyond enclosed areas. No electrical disturbances (except from domestic household appliances) shall be permitted to affect adversely, at any point, any equipment, other than that of the creator of such disturbance.

Electric, diesel, gas or other power. Every use requiring power shall be so operated that any service lines, substation, etc., shall conform to the highest applicable safety requirements, shall be constructed, installed, etc., so that they will be an integral part of the architectural features of the plant, or if visible from abutting residential properties, shall be concealed by evergreen planting or screening with architectural materials common to the building(s).

Purpose. The governing body of the Borough of Eatontown does herein find that regulation of outdoor lighting in the Borough of Eatontown is necessary to prevent misdirected or excessive artificial light, caused by inappropriate or misaligned light fixtures that produce glare, light trespass (nuisance light) and/or unnecessary sky glow; and also that such regulation is necessary to discourage the waste of electricity and to improve or maintain nighttime public safety, utility and security.

All outdoor light fixtures installed and thereafter maintained, other than those serving one- and two-family dwellings, shall comply with the requirements as specified below:

Light trespass (nuisance light). All light fixtures, except street lighting and those used on one- or two-family dwellings, shall be designed, installed and maintained to prevent light trespass, as specified in Subsection C(1) and (2) below.

Illuminance and luminance requirements. Illuminance and luminance requirements shall be as set forth in the current editions of the IESNA Lighting Handbook and other IESNA publications, and this chapter shall adopt those standards.