Flemington City Zoning Code
§ 2627
ADDITIONAL STANDARDS APPLYING TO ALL DISTRICTS.
[Ord. No. 2012-01; amended 4-22-2024 by Ord. No. 2024-07]
A.
Community Shelters. Community residences for the developmentally disabled, community shelters for victims of domestic violence, and community residences for persons with head injuries shall be allowed in any residential district permitting single family detached housing, provided that:
1.
No more than 15 persons, excluding resident staff, shall occupy the premises except as permitted herein.
2.
The facility is duly licensed pursuant to N.J.S.A. 30:11B-1 et seq. for community residences for the developmentally disabled, N.J.S.A. 30:14-1 et seq. for community shelters for victims of domestic violence, and N.J.S.A. 30:11B-1 et seq. for community residences for persons with head injuries.
3.
The residential character of the building shall remain unchanged.
4.
All other applicable regulations of this Ordinance shall apply.
B.
Decks. Decks shall not be attached to any floor higher than the second floor of a dwelling. Decks for which railings are required shall be located no closer to a side or rear lot line than permitted by the principal building setback requirement. Lower decks may be located to within the required setbacks for accessory buildings but in no instance closer than 5 feet to a property line, excepting fee simple townhouses. Decks for which railings are required shall not be permitted in the front yard. Decks attached to fee simple townhouses may be located on a side property line provided the townhouse is attached to another townhouse along such property line. Fee simple townhouse decks closer than 5 feet to the side property line shall have a decorative screen at least 60 percent visually opaque attached to its side edge and 6 feet tall measured from the deck surface.
C.
Exterior Equipment. All ground-based utility meters or boxes, air compressors, heat pumps, or other exterior equipment shall be located at the side or rear of buildings and shall be screened by architectural elements or landscape plantings. Roof-based equipment shall be screened by architectural elements.
D.
Family Day Care. Family day care shall be allowed as a home occupation, as regulated in this Ordinance, in any residential district, provided that no operator shall provide child care for more than 5 children at any one time not including children legally related to the care provider nor children being cared for under a cooperative agreement with their parents for which no payment is received. In age-restricted developments, deed restrictions or bylaws may prohibit family day care homes from being a permitted use. All other applicable regulations of this Ordinance shall apply.
E.
Fences and Walls. The following regulations shall apply to fences and walls:
1.
Fences and walls may be placed with the finished side (without supports) located on the property line. All permitted fences shall be situated on a lot in such a manner that the finished side shall face adjacent properties.
2.
No fence shall be erected of barbed wire, topped with metal spikes, broken bottles and glass, nor constructed of any material or in any manner which may be dangerous to persons or animals.
3.
On any lot in any district, no wall or fence shall be erected or altered so that said wall or fence shall be over 4 feet in height in front yard areas and 6 feet in height in side and rear yard areas except:
a.
A dog run or privacy area may have fencing a maximum of 7 feet in height provided such area is located in rear yard areas only and is set back from any lot line at least 15 feet.
b.
A tennis court area, located in rear yard areas only, may be surrounded by a fence a maximum of 15 feet in height; said fence to be set back from any lot line the distances required for accessory buildings in the zoning district as stipulated in this Article.
c.
No fence shall exceed 5 feet in height in a rear yard of a reverse frontage lot.
d.
On corner lots, no fences or walls may be placed within the sight triangle. Fences or walls shall not exceed 2 feet in height on corner lots in the front yard setback.
4.
A private residential swimming pool area shall be surrounded by a fence at least 4 feet, but no more than 6 feet, in height.
5.
Nonresidential uses may be permitted a fence of up to 8 feet in height when located behind the front yard provided the specific size, type, and location is approved by the Planning Board. Deviations from this subsection shall be considered as waivers from the Ordinance standards.
F.
Garage Sales. Garage sales shall be subject to the following regulations:
1.
License Regulated. It shall be unlawful for any person to conduct a garage sale in the Borough of Flemington without first filing with the Clerk the information hereinafter specified and obtaining from said Clerk a license to do so, to be known as a "garage sale license". Any bona fide charitable, nonprofit, educational, cultural or governmental institution or organization shall be required to obtain a license. The burden of establishing the exemption from the payment of a license fee shall be on the organization or institution claiming such fee exemption.
A license shall be issued for each lot as shown on the official Borough of Flemington tax map only twice within a 12-month period. No license shall be issued for more than 2 consecutive calendar days. Under special circumstances, and for special reasons, more than 2 licenses may be issued in connection with each parcel of property with the approval of the Common Council. Each license issued under this section shall be prominently displayed on the premises upon which the garage sale is conducted throughout the entire period of the licensed sale.
2.
License Information to Be Filed. The information to be filed with the Borough Clerk, pursuant to this subsection shall be as follows:
a.
Name of the person, firm, group, corporation, association, or organization conducting the sale.
b.
Name of the owner of the property on which the sale is to be conducted, and consent of owner if applicant is other than the owner.
c.
Location at which the sale is to be conducted.
d.
Number of days of the sale.
e.
Date, nature of any past sale.
f.
Relationship or connection applicant may have had with any other person, conducting a sale and the date or dates of such sale.
g.
Whether or not applicant has been issued any other vendor's license by any local, State, or Federal agency.
h.
Sworn statement or affirmation by the person signing that the information therein given is full and true.
3.
Hours of Sale. All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m. only, and no sale shall be conducted on a Sunday.
4.
Signs. No person shall make, cause to be made or erected signs other than those signs provided by the Borough. These signs shall be made available by the Borough and shall be a uniform size and form (12" x 12") and must be purchased from the Borough. The signs shall have a space allotted to place the name and address of the person running the sale and the signs shall be removed within 48 hours after the completion of the sale.
5.
Persons and Sales Excepted. The provisions of this section shall not apply to or affect the following persons or sales:
a.
Persons selling goods pursuant to an order or process of a court of competent jurisdiction.
b.
Persons acting in accordance with their powers and duties as public officials.
c.
Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed 5 in number.
d.
Any publisher of a newspaper, magazine or other publication or other communication media who publishes or broadcasts in good faith without knowledge of its false, deceptive, or misleading character or without knowledge that the provisions of this section have not been complied with.
6.
Conduct of Sale. The person to whom such license is issued and the owner or tenant of the premises on which the sale or activity is conducted shall be responsible for the maintenance of good order and decorum on the premises during all hours of the sale or activity. No person shall permit any loud or boisterous conduct on the premises nor permit vehicles to impede the passage of traffic on any roads or streets in the area of the premises.
G.
Home Occupations. Home occupations shall be subject to the following regulations:
1.
The use is limited to office uses and cottage food operates as defined in this part and as permitted and regulated by N.J.A.C. 8: 24-11.1 et seq.;
2.
The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
3.
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes, excepting that no more than three customers may be on the residence site of a cottage food operate at any one time;
4.
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
5.
Interior storage of materials shall consist only of supplies directly related to the permitted home occupation;
6.
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, signs, or lights;
7.
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interferences, including interference with telephone, radio or television reception, detectable by neighboring residents;
8.
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
9.
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system, water supply, or its components;
10.
Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district;
11.
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
12.
Compliance with all State and Hunterdon County regulations shall be demonstrated.
H.
Off-Street Parking and Private Garages. Off-street parking and private garages for residential districts shall conform to the following requirements:
1.
Garages shall conform to the setback requirements as otherwise established in this Ordinance.
2.
No driveway shall be located closer than 5 feet in the front setback area to a side or rear property line, except for the driveway access, which can be on the line.
3.
That portion of a driveway from the street to a parking apron located directly in front of the dwelling shall not exceed 12 feet in width.
4.
No curb cut to a single family or two-family dwelling shall exceed 22 feet in width.
5.
No parking shall be permitted in the front yard.
6.
Commercial vehicles cannot be parked or stored on any site in any residential zone district.
Deviations from Subsections F2 — F4 shall be considered as waivers from the Ordinance standards.
I.
Recreational Vehicle Storage. The following requirements apply to recreational vehicle storage:
1.
Trailers, boats or boat trailers which are 21 feet or more in length as measured from outside dimensions, shall be parked or stored inside the confines of a building only.
2.
All trailers, boats or boat trailers shall be stored in side or rear yard areas only; no trailer, boat, or boat trailer shall be parked or stored in the front yard area of a lot.
3.
Each occupied single family residential property may have outside parking or storage upon it for 2 recreational vehicles or trailers, in safe and effective operating condition. All recreational vehicles and trailers shall display thereon a current State license and/or registration. No self-propelled recreational vehicle stored on the property shall exceed 40 feet in length unless within the confines of a building.
4.
At no time shall any recreational vehicle parked or stored on any lot be used for living or housekeeping purposes.
J.
Residential Swimming Pools and Cabanas. The following requirements, after application for a permit, apply to private residential swimming pools, hot tubs, and pool cabanas:
1.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residential building.
Pools shall be considered impervious surface, which shall not exceed the impervious surface ratio of the zone when included with other impervious surfaces. Pools shall be located in rear or side yard areas only. No swimming pool or elevated pool deck shall be closer than 10 feet to any lot line. No pool apron shall be located closer than 5 feet to any lot line.
2.
Cabanas shall not exceed 150 square feet in area and 15 feet in height. Any cabana shall be located no closer than 10 feet to any lot line unless a greater setback for an accessory structure is otherwise required.
L.
Satellite Dish and Television Antennas. Satellite dish and television antennas in single and two-family districts shall conform to the following requirements:
1.
To the greatest extent feasible, consistent with the unimpeded reception of broadcasts, antennas are to be located in a rear yard or the rear slope of a roof.
2.
An antenna that is in excess of one meter (39.37 inches) but no larger than 2 meters (78.74 inches) in diameter shall conform to the setback requirements for accessory uses and structures in the zoning district in which it is located.
3.
An antenna that is in excess of 2 meters (78.74 inches) shall conform to the rear yard setback requirements for accessory uses and structures in the zoning district in which it is located.
4.
The Administrative Officer shall have the power to waive the enforcement of this subsection upon certification from a qualified installer that conformance with these requirements will materially limit the reception of broadcasts from communications satellites.
M.
Animal Shelters and Fencing.
1.
The area which animals are kept as measured by the fenced area and the floor area of the shelter shall not exceed 5 percent of the rear yard or a maximum of 150 square feet, whichever is lesser. The percent of yard area shall be calculated based on the rear yard area.
2.
Animal shelters and their fenced enclosures shall be located a minimum of 15 feet from all property lines and a minimum of 25 feet from any structure used for human habitation, occupation or assembly and owned by anyone other than the owner of the subject property. Notwithstanding, in no case shall animal shelters and their fenced enclosure be located closer to the principal residence of a neighboring property than the principal residence of the subject property.
3.
The maximum height of any animal shelter shall be 8 feet.
N.
Solar facilities shall meet the requirements in Section 2639, Solar Energy Facilities.
[Ord. No. 2012-01]
O.
Outdoor Dining.
[Added 5-26-2020 by Ord. No. 2020-7]
1.
Outdoor dining, as defined herein, shall be specifically deemed a permitted, accessory use to a brewery; hotel; restaurant; restaurant drive-in; restaurant, fast food; retail food establishment and social club, as such uses are defined within § 1201 or elsewhere of the ordinance. Notwithstanding, outdoor dining shall not be deemed a permitted, accessory use to convenience stores.
2.
Outdoor seating shall comply with federal, state, county and/or local distancing requirements imposed by any law and/or executive order in effect at any particular time. To the extent that local requirements are permitted to preempt such federal, state and county requirements, such local requirements shall govern.
3.
Outdoor Dining Area. The area to be utilized for outdoor dining shall be known as the "outdoor dining area," which shall:
a.
Be utilized to serve food and drink to be consumed by the public at tables located adjacent to the principal building.
b.
Be located solely on the sidewalk area or privately owned property adjacent to the principal building(s) that are the subject of the application for the outdoor dining permit.
c.
Contain readily removable tables, chairs, umbrellas, heat lamps, lights and/or planters. Such items shall not be required to removed daily; however, they must be secured from the elements and improper use.
d.
Be unenclosed by fixed walls or ceilings, except for retractable awnings, umbrellas or other nonpermanent enclosures which shall in no way present a safety hazard to or impede pedestrian traffic; and
4.
Permit Required. The outdoor dining area shall be subject to the following permitting requirements:
a.
No person shall operate an outdoor dining area within the Borough without having first obtained an outdoor dining area permit in accordance with the requirements of this section. The permit shall be issued by the Zoning Official only if all requirements associated with outdoor dining herein are or will be satisfied. The use of the permit shall, however, be subject to other applicable federal, state, county and Borough regulations, executive orders and states of emergency.
b.
Permits shall be not transferable to new uses.
c.
Permits shall be automatically renewed annually if no changes to the outdoor dining plan are proposed. permits shall be newly applied for where changes to the outdoor dining area plan are proposed.
d.
A person who has received approval of the outdoor seating by resolution of the Borough planning Board or prior land use board with jurisdiction for outdoor seating is exempt from the above permitting requirement and fees set forth herein. This exemption applies only for the outdoor dining plan permitted in the approving resolution.
e.
The fee for an outdoor dining area permit shall be $50 payable upon submission of the application. This fee can be waived by Borough Council at any particular time period.
5.
Application. Each applicant for an outdoor dining area permit shall submit and file the appropriate application with the Zoning Officer, together with three copies of an outdoor dining area plan, as defined below, and the appropriate fee. The application shall be approved by the property owner. The Zoning Officer, in consultation with the Fire Marshal as necessary, shall approve, disapprove or modify the application and outdoor dining area plan within 15 business days following its submission. Adjacent business/property owners shall be permitted to submit a joint outdoor dining permit Application for their respective properties provided that at least one business is a retail food establishment as defined herein.
6.
Outdoor Dining Area Plan. The "outdoor dining area plan" shall include the following information (and such other additional information, if any as may be deemed necessary and subsequently requested by the Zoning Officer):
a.
Identification of the principal building and all properties immediately adjacent to such building, including names and addresses of the adjacent property owners; and
b.
The plan shall be drawn to scale but does not require professional seals and may be prepared by the applicant.
c.
The scaled drawing of the proposed design and location of the outdoor dining area shall include setbacks from curbs (setbacks to property lines shall not be required), all temporary structures, equipment and apparatus to be used in connection with its operation, including any proposed tables, chairs, planters, awnings, lighting, heat lamps and electrical outlets (if any); provisions for the storage of such structures, equipment and apparatus; and the location of any fire hydrant, plug or standpipe, utility pole, parking meter, or other permanent fixture between the principal building and the curb, including a clear indication of the presence of the required pedestrian passageway and ADA clearance. If the outdoor dining area is located on private property adjacent to the sidewalk, the outdoor dining area plan shall demonstrate that pedestrian traffic will in no way be impeded.
7.
Additional Rules, Regulations and Specifications. The establishment, use and operation of the outdoor dining area shall comply with all of the following additional rules, regulations and specifications:
a.
The outdoor dining area shall be operated and maintained in accordance with the outdoor dining area plan as finally approved, and by the same person who operates and maintains the abutting retail food establishment.
b.
The placement of furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor dining area in relation to any fire hydrant, plug or standpipe permanent fixture shall be approved by specific written authorization of the Fire Official based upon his review of the outdoor dining area plan.
c.
No furniture, apparatus, decoration or appurtenance used in connection with the operation of the outdoor dining area shall be located in such a way that will impede the safe and speedy ingress and egress to or from any building or structure.
d.
Outdoor dining areas, including associated furniture, apparatus, decoration or other item used in connection with the outdoor dining, shall not be located to project or protrude into a four-foot pedestrian passageway and ADA clearance. The four-foot passageway shall be measured from the curb.
e.
Any table service provided at the outdoor seating shall be provided by persons engaged or employed for that purpose and shall be furnished to seated patrons only. Table service is not required, and retail food establishments that do not provide table service may operate outdoor seating in which patrons carry their food from inside the premises to tables located in the outdoor dining area.
f.
The outdoor dining area shall be kept clean and free of litter and shall be washed as required. Trash receptacles shall be provided as required and approved by the Zoning Officer. If no table service is provided, the trash receptacles shall include those needed for recycling.
g.
Noise shall be kept at such a level as to comply in all respects with the provisions of applicable ordinances of the Borough.
h.
The hours of operation of the outdoor dining area shall coincide with the hours of operation of the principal use to which it is accessory.
i.
Furniture, apparatus, decorations and appurtenances utilized in connection with the outdoor dining area shall be stored indoors.
j.
No food may be cooked in the outdoor dining area. Food and drink may be prepared, including but not limited to mixing of ingredients and dishing cooked food.
k.
Smoking is prohibited in outdoor dining areas.
l.
All other applicable ordinances of the Borough shall also be complied with.
8.
Consumption of Alcoholic Beverages. The applicant may permit the consumption of alcoholic beverages in the outdoor dining area as follows:
a.
An applicant that does not possess a liquor license may permit its patrons to consume alcoholic beverages brought to the premises its patrons to the extent permitted by Borough Ordinance and the Alcoholic Beverage Control Board.
b.
An applicant that possesses a plenary retail consumption permit must amend their liquor permit to include the outdoor dining area in order to permit the consumption of alcoholic beverages therein by its patrons.
9.
Notice of Violation; Failure to Comply. Upon a determination by the Zoning Officer an applicant has violated one or more of such provisions applicable to the use or operation of the outdoor dining area, the Zoning Officer shall give written notice to the applicant to correct such violation within 24 hours of the receipt of such notice. In the event that the applicant fails or refuses to correct the violation within such period, the applicant's outdoor dining area permit shall be automatically and immediately revoked without the need for further action.
10.
Appeals. Any person aggrieved by any action of the Zoning Officer may appeal as follows:
a.
If the action of the Zoning Officer concerns the denial of an outdoor dining area permit for failure to comply with the requirements of the Borough Ordinances, the appeal shall be to the Borough planning Board pursuant to the provisions of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-70(a) or (b). The applicant may also apply to the Borough planning Board for a variance pursuant to the provisions of the Municipal Land Use Law, specifically N.J.S.A. 40:55D-70(c) or (d), in the event that it wishes to seek permission to operate an outdoor dining area in a location or manner that does not comply with the provisions of the Borough Ordinance.
b.
If the action of the Zoning Officer concerns the revocation of an outdoor dining area permit, the appeal shall be to the Mayor and Borough Council. The appeal shall be taken by filing a written statement fully setting forth the grounds for appeal with the Borough Clerk no later than 30 days after the notice of the action complained of has been served personally upon the applicant or mailed, postage prepaid, to the applicant at the address provided on the Application. The Borough Clerk shall set a time and place of hearing for the appeal, at which time the Mayor and Borough Council shall conduct a hearing and affirm, modify or reverse the action of the Zoning Officer that is the subject of the appeal.
11.
Penalties. Any person convicted of a violation of any of the provisions of this section shall be subject to a fine of at least $200 but not exceeding $500 for each and every offense for each day in which the violation has not been abated.