Folsom City Zoning Code
ARTICLE V
Supplementary Regulations
§ 200-21 Residential districts.
A.
Location. An accessory building or a private parking area shall not be located in any required yard space or within the required setback.
B.
Second dwelling prohibited. In no case shall there be more than one main residential building on any lot of record.
C.
Height and area of accessory building. Accessory buildings shall not exceed one story or 15 feet in height and may not occupy more than 20% of a required rear yard or a maximum of 900 square feet, whichever is smaller.
D.
Distance from adjacent buildings. The minimum distance of any accessory building from an adjacent building shall be 10 feet. Detached accessory buildings shall be located so that all yard requirements are met by the principal use.
E.
Structures permitted within required open space. Open porches, balconies, breezeways and terraces attached to residences shall not be considered as part of a principal structure and may project into required side or rear open spaces, provided such structures do not exceed 80 square feet and are not closer than 20 feet to any side or rear property line.
§ 200-22 Appearance of buildings.
A.
Within any residential district, no building with permitted professional office or other home occupation shall be constructed or altered so as to be inharmonious with the residential character of the adjacent residential areas.
B.
The following types of construction shall be considered not to be residential in character:
§ 200-23 Sign regulations.
A.
No sign, other than warning or safety signs, which is designed or intended to attract attention by sudden, intermittent or rhythmic movement or physical or lighting change shall be permitted in the Borough.
B.
No sign, other than warning or safety signs, which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation shall be permitted in the Borough.
C.
No outdoor, off-site commercial advertising sign shall be permitted in the Borough, except that:
[Amended 2-23-1989 by Ord. No. 217; 5-8-1997 by Ord. No. 213A]
(1)
Existing lawful off-site commercial advertising signs, in existence as of January 14, 1981, shall be permitted in the VI District, provided they are located on a US highway within 1,000 feet of a Pinelands Regional Growth Area or Pinelands Town; and[1]
(2)
Signs advertising agricultural commercial establishments shall be permitted, provided that:
E.
To the maximum extent practical, the character and composition and construction materials for all signs shall be harmonious with the scenic values of the Pinelands.
§ 200-24 Permitted signs.
[Added 2-14-1991 by Ord. No. 229]
Subject to the restrictions set forth in § 200-23, the following signs shall be permitted within the Borough:
A.
Official public safety and information signs displaying road names, numbers and safety directions may be permitted.
D.
Temporary signs advertising political parties or candidates for election may be permitted, provided that the size of any such sign does not exceed 12 square feet.
E.
Temporary on-site and off-site signs advertising civil, social or political gatherings and activities may be permitted, provided that the size of such signs does not exceed 12 square feet.
F.
Trespassing signs or signs indicating the private nature of a road, driveway or premises and signs prohibiting or otherwise controlling fishing or hunting may be permitted, provided that the size of such signs does not exceed 12 square feet.
G.
On-site professional, home occupation, or name signs indicating the profession and/or activity and/or name of the occupant of the dwelling may be permitted, provided that:
H.
On-site business or advertising signs may be permitted, provided that:
§ 200-25 Conformity to area regulations.
Except as previously or hereinafter provided, it shall be unlawful to relocate, erect, construct, reconstruct, enlarge, structurally alter or use any building, structure or land except in conformity with the regulations of the district in which such building or structure is located.
§ 200-26 Continuing existing uses and expansion thereof.
[Amended 9-28-1989 by Ord. No. 223; 2-10-1994 by Ord. No. 249]
Except as hereinafter specified, any use, building or structure existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform to the provisions of this chapter for the district in which it is located. Notwithstanding any existing nonconformity with respect to area or bulk requirements otherwise set forth in this chapter, any existing residential principal building may be expanded, provided the area of expansion does not exceed 50% of the floor area and provided the expansion complies with setback requirements. The coverage requirements may be exceeded in such an expansion. In addition, notwithstanding the coverage and rear setback limitations otherwise set forth in this chapter, any residential property may contain an accessory structure not exceeding 144 square feet in floor area and 12 foot in height, provided such accessory structure maintains a rear setback of at least five feet. In the Rural Development and Village Residential Zoning Districts, the required side yard setback for such accessory structures may be reduced to 10 feet.
§ 200-27 Minimum area of habitable rooms.
Apartments shall contain at least 300 square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. In motels and apartments, every room occupied for sleeping purposes by more than one occupant shall contain at least 100 square feet of floor space for each occupant thereof. Cooking of food is prohibited in sleeping rooms. The floor area of every habitable room shall have a ceiling height of at least 7 1/2 feet.
§ 200-28 Light and ventilation.
Every habitable room shall have at least one window facing directly to the outdoors. The total area of such window shall not be less than 10% of the floor area of such room. Every habitable room shall have at least one operable window which can easily be opened to the extent of 5% of the wall area or such other device as will adequately ventilate the room and shall discharge to the outside atmosphere.
§ 200-29 Off-street parking.
A.
Lighting. Any lighting used to illuminate any off-street parking area shall be so arranged as to reflect the light away from adjoining residential premises.
B.
Setbacks. No part of any parking area for more than two vehicles shall be closer than 20 feet to any dwelling, school, church or other institutional use located on an adjoining lot. The parking area shall not be located within five feet of the established street right-of-way except where greater distances are provided in the Schedule of Limitations[1] of this chapter and shall not be an extension of any street right-of-way.
[1]
Editor's Note: Table I, the Schedule of Use, Area, Yard and Bulk Regulations (Schedule of Limitations) is included at the end of this chapter.
C.
Surfacing and curbing in nonresidential districts.
(1)
All driveways and off-street parking space provided under the requirements of this chapter shall be surfaced with asphaltic concrete or concrete so as to be hard surfaced, well drained and dust-free.
(2)
All off-street parking space shall be provided with curbing or the equivalent so that vehicles cannot drive onto required landscaped areas.
(3)
All off-street parking areas designated to accommodate five or more vehicles shall be reviewed by the Planning Board with respect to traffic circulation and the location of parking spaces. All such parking areas shall be provided with painted lines indicating traffic flow and parking spaces and shall in no case violate legally required fire zones.
D.
Size. All off-street parking spaces shall contain not less than 200 square feet and be no less than nine feet wide and 20 feet deep.
E.
Access. Access to parking areas shall be limited in nature with access drives to public streets being a minimum of 25 feet in width.
F.
Combined uses. Where more than one use is provided on a lot, the total parking spaces required shall be the sum of the parking spaces required for each use.
G.
Location. All off-street parking areas shall be located on the same lot as the principal building or use which it serves.
H.
Time of provision. All minimum requirements for off-street parking shall be met at time of erection or enlargement of the main building or structure and shall include provisions for adequate ingress and egress.
I.
Parking space requirements.[2]
Use | Minimum Number of Parking Spaces Required |
|---|---|
All single-family dwellings | 2 off-street on-site parking spaces are required |
All churches and related facilities | 1 off-street on-site parking space is required for each 3 seats; or 1 for 72 inches of seating space on benches or pews where utilized |
All parks, playgrounds and other publicly operated recreational uses or structures | 2 off-street on-site parking spaces for each 1 acre devoted to such use are required |
Professional offices, where permitted | 1 off-street on-site parking space is required for each 150 square feet of office area, plus 1 additional space for each employee |
All retail business and service uses | 1 space is required for each 150 square feet of gross floor area, plus 1 additional space for each employee |
All restaurants | 1 space is required for each 4 public seats, plus 1 space for each employee |
All roadside stands | 1 space is required for each 150 square feet of gross floor area but in no case less than 5 spaces |
Public utilities | 1 off-street on-site parking space is required for each employee |
Service stations | 2 off-street on-site parking spaces are required for each bay, plus 1 for each service vehicle, but in no case less than 5 spaces |
Banks | 1 off-street on-site parking space is required for each 250 square feet of gross floor area, plus 1 additional space for each employee |
Each docking space | 1 off-street on-site parking space is required |
Trailer launching facilities separate from docking space | 10 off-street on-site parking spaces are required with sufficient room to accommodate both car and trailer |
Motels | 1 on-site off-street parking space per unit and 1 on-site off-street parking space for each full-time employee are required, plus 10% |
Auto sales, both new and used | 1 on-site off-street parking space is required for each full-time employee, and a minimum of 10 on-site off-street parking spaces are required for customer parking |
(1)
Notwithstanding other requirements of this section, a single owner or a group of owners may meet the parking requirements through the provision of off-street spaces within 200 feet of these establishments through the provision of a common lot, provided that:
(a)
The purchase deed, instrument of joint venture or other document of title to the property proposed for the off-street parking contains restrictive covenants expressly providing that the said property not be used for any purpose other than parking of motor vehicles.
(b)
The lot is developed according to standards established by the Borough Engineer and is landscaped and lighted according to standards established by the Planning Board.
(2)
Five percent of all required parking shall be constructed for and reserved for the handicapped in all commercial uses.
(3)
For exterior parking area, parking is permitted in stalls at angles of 45° to 90°, subject to review and approval by the Planning Board.
(4)
Width and length of access lanes will vary with angle, subject to review and approval by the Planning Board.
(5)
With sufficient proof provided by the applicant to the Planning Board that fewer parking spaces would be appropriate, the Planning Board may permit some of the required spaces to remain unpaved.
(6)
Parking areas are to blacktopped unless alternative methods are approved by the Planning Board.
(7)
The standards discussed in "A Guide to Residential Design Review," published by the New Jersey Department of Community Affairs, Division of Local Governmental Services, Local Planning Assistance Unit, may be applied by the Planning Board.
§ 200-30 Pending application for building permits.
Nothing in this chapter shall require any change in the plans, construction, size or designated use of any building, structure or part thereof for which any building permit has been granted before the enactment of this chapter, provided that construction from such plans shall have been started within 60 days of enactment of this chapter and shall be diligently pursued to completion.
§ 200-31 Required yards cannot be used by another building.
No open space provided around any principal building for the purposes of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing open space for meeting the same requirements for another principal building.
§ 200-32 Filling of lots and drainage.
All lots shall be filled with topsoil and/or clean fill to allow complete surface draining of the lot into the local storm sewer systems or natural drainage rights-of-way. No construction shall be permitted upon a lot that retains puddles or pools of stagnant water or that lies below the level of the groundwater table.[1]
§ 200-33 Exceptions to height limit. [1]
[Amended 5-8-1997 by Ord. No. 213A]
Antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flagpoles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy may be erected above the height limits prescribed by this chapter, provided that the height of these structures from their base is not greater than the distance from their base to any property line.
§ 200-34 Grading.
All lots being filled shall be filled with clean fill and/or topsoil to allow complete surface draining of the lot into local storm sewer systems or natural drainage rights-of-way. No construction shall be permitted which creates or aggravates water stagnation or a draining problem on adjacent properties.
§ 200-35 Buffer yards.
Buffer yards are required in all industrial and business districts along the district boundaries between themselves and residential districts. Buffer yards shall comply with the following standards:
A.
The buffer yard shall be measured from the district boundary line or from the near street line where a street serves as the district boundary line.
B.
The buffer yard shall be required in the Village Industrial District along the district boundary with any residential district boundary lines.
C.
The buffer yard may be conterminous with required front, side or rear yards, and in case of conflict, the larger yard requirements shall apply.
D.
No structure, manufacturing or processing activity or storage of materials, parking or loading shall be permitted in the buffer zone.
E.
All buffer yards shall include a dense screen planting of trees, shrubs or other plant materials to the full length of the lot line to serve as a barrier to visibility, airborne particles, glare and noise. Such screen planting shall be located within the exterior 20 feet of the buffer yard and shall be in accordance with the following requirements:
(1)
Plant materials used in the screen planting shall be at least four feet in length when planted and be of such species as will produce a complete visual screen of at least six feet in height.
(2)
The screen planting shall be maintained permanently, and any plant material which does not live shall be replaced within one year.
(3)
The screen planting shall be so placed that at maturity it will be not closer than three feet from any street or property line.
(4)
A clear sight triangle shall be maintained at all street intersections and at all points where private accessways intersect public streets.
§ 200-36 Fences and sight triangles.
[Amended 12-14-1995 by Ord. No. 265]
A.
General provisions.
(1)
No fence shall be erected of or include chicken wire, barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals, except these provisions shall not apply to farms and commercial and industrial uses.
(2)
All fences shall be erected within the owner's property lines, and no fence shall encroach to any extent onto another property unless the contiguous owners agree, properly record an easement memorializing such agreement, and provide appropriate documentation thereof with the permit application.
(3)
No fence shall encroach on a public right-of-way or easement.
(4)
No fence shall obstruct visibility, interfere with the flow of natural drainage, or cause any hazards.
(5)
With the exception of a fence constructed by the agreement of contiguous owners as set forth in Subsection A(2) above, all supporting members of a fence shall be located on the inside of the fence facing the owner's property and if erected along or adjacent to a property line the support members of the fence shall face the principal portion of the tract of land of the property upon which the fence is erected.
(6)
Fences which are painted or stained shall be painted in only one color. Multicolor fences are prohibited.
(7)
All fences shall be owner-maintained in a safe, sound and upright condition on secure foundations.
B.
Standards for residential uses shall be as follows:
C.
Business and industrial uses. Such fences may include barbed wire or razor wire and may be a maximum of eight feet in height. However, any such fence not complying with the residential standards must be placed no closer than 15 feet to the front property line unless waived by the Planning Board. The design, height and location of any such fence not complying with the residential standard is subject to Planning Board review and approval.
D.
Agricultural uses. Chicken wire, barbed wire and razor wire may be used in fences necessary and directly incidental to the active use of property for farming activities. Such fences shall, however, be subject to the height limitations set forth above.
E.
Exceptions. Baseball and softball backstops and spectator protective fencing are not subject to the height limitation of this section. Tennis court fences are also exempt from the height limitations of this section, provided that no portion of any such fence is located in a front yard area and is a maximum of 50 feet from any side or rear yard. Walls erected for the purpose of retaining earth are exempt from the provisions of this section.
F.
Enforcement.
(1)
Before any fence is erected, a building permit must be obtained and the request for the permit shall be accompanied by a plan clearly setting forth the height, location and materials for the proposed fence. The location of the fence in relation to all other structures or buildings, as well as in relation to all streets, property lines and yard areas shall be clearly set forth.
(2)
If the Zoning Officer finds any fence or portion thereof is not being adequately maintained as required by this section, the Zoning Officer shall notify the owner in writing and order the fence or portion repaired or removed within 30 days. If after such notice the fence is not repaired or removed as specified, the owner shall be subject to the provisions of Article VIII of this chapter regarding enforcement and penalties.
G.
Sight triangle.
(1)
On a corner lot in any district, sight triangles shall be required in addition to the right-of-way, in which no grading, planting or structures shall be erected or maintained more than three feet in height.
(2)
Fences are permitted to a height of four feet, provided that such a fence is open for at least 50% of its face.
(3)
The "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines, and the straight line connecting sight points, one each located on the two intersecting street center lines the following distance away from the intersecting center lines:
(4)
Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles shall be required with a sight point 90 feet on the intersecting street.
§ 200-37 Swimming pools.
A.
No private residential swimming pool shall be constructed or installed on any lot unless the lot contains a residence building. Pools shall be located in the rear yard areas only and shall meet the setback distances for accessory buildings as specified in Article V for each particular zoning district except that in no case may a swimming pool be located closer than 10 feet to any lot line.
[Amended 2-23-1989 by Ord. No. 217]
B.
A swimming pool shall occupy no more than 75% of the rear yard area in which it is located.
C.
A private residential swimming pool area must be surrounded by suitable fence with a self-latching gate at least four feet in height but no more than six in height, and subject to the restrictions of § 200-36. Such a fence is not required for an aboveground or raised pool with an elevation of at least four feet and which has secured access such as a self-latching gate or raised step.
[Amended 12-14-1995 by Ord. No. 265]
§ 200-37.1 Mobile homes and tailers.
[Added 11-9-2005 by Ord. No. 18-2005]
No trailer, auto trailer, travel trailer, mobile home or camper shall be used for dwelling purposes or as a sleeping quarters for one or more persons, nor shall any such trailer or camper be used for storage or space for the permanent conduct of business, profession, occupation or trade, except that such facilities may be used temporary residency for the emergency replacement of a damaged dwelling unit, seasonal agricultural housing and for use as a temporary construction office located on a site during construction, provided that a temporary permit has been issued by the Zoning Officer. In addition, the use of mobile homes for seasonal agricultural employee housing shall require Planning Board approval and shall be subject to Pinelands noticing and review requirements. However, it shall not be necessary for applicants for such temporary housing to obtain permits annually unless a change in the housing has occurred or is proposed from that which was previously approved. This section shall not be construed as to prohibit the parking or storage of such trailers and campers on private premises or the recreational use of the same in campgrounds in conformance with all applicable ordinances and codes.