Freehold City Zoning Code

This title shall be known as and may be cited as the "Zoning Ordinance of the borough of Freehold."

(Prior code § 19-1)

The purpose of this title is to provide rules, regulations and standards concerning the use to which land is put, and the size, shape and placement of buildings on the land in the borough in order to insure the public health, safety, morals and welfare of the municipality. It shall be administered in accordance with this comprehensive plan toward the end of providing adequate light and air and preventing the overcrowding of land or buildings. It shall further be administered with a view of conserving the value of property and encouraging the most appropriate use of land throughout the municipality.

(Prior code § 19-2)

A.

Districts. For the purpose of this title, the borough is divided into nineteen (19) zoning districts, as follows:

B.

Maps and Boundaries. The zoning map shall be amended so as to delete Block 77 Lot 36 from the current district designation and so as to incorporate said lot into the REC recreational zone district.

The zoning map shall be amended so as to delete Block 108 Lot 11 and the portion of Lot 12 that is within three hundred (300) feet of Jerseyville Avenue from the current designation and so as to incorporate said lots into the C-M commercial manufacturing zone district.**

C.

Map Interpretation. Where uncertainty exists with respect to any of the boundaries as shown on the zoning map, the following rules shall apply:

1.

The district boundary lines are intended to follow street center lines and lot or property lines as they existed on December 29, 1969, unless otherwise indicated by dimensions on the zoning map.

2.

Where a boundary line is shown as approximately following the center line of a street or highway, a street line or highway right-of-way line, such center line, or such street line or right-of-way line shall be construed to be such boundary.

3.

Where a boundary line is shown as approximately parallel to a street, highway, stream or railroad line, such boundary shall be construed as being parallel thereto and at such distance from the center line thereof as indicated on the zoning map.

4.

Where a zone boundary line divides a lot at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than thirty (30) feet into the more restricted portion, provided the lot has frontage only on a street in the less restricted zone.

D.

Schedule. A schedule of area, height and building requirements adopted as part of this zoning title, is deemed to be a part of this title, and the regulations established herein shall be construed as minimum regulations.

(Ord. 2005/24 §§ 1, 2; Ord. 2001/3 § 1; Ord. 27/99 § 1; prior code 319-3)

(Ord. No. 2013/2, § 2, 4-15-13)

* Editor's Note: The schedule referred to herein may be found at the end of this title.

** Editor's Note: The zoning map referred to herein may be found at the end of this title.

Certain words and phrases are used in this title which, for the purpose hereof, are defined and interpreted as set forth in this section.

A.

Interpretation. The word "lot" includes the word "plot" or "premises;" the word "building" includes the word "structure" or "dwelling;" the word "occupied" includes the words "designated or intended to be occupied;" the word "used" includes the words "arranged, designed, or intended to be used;" the phrase "nonconforming use" includes "nonconforming lots or buildings."

B.

Definitions. Certain words and terms in this title are to be interpreted as defined below:

"Accessory building or use" means building or use of land, the use of which is customarily incidental and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or building.

"Alterations," as applied to a building or a structure, means a change or re-arrangement in the structural parts or in the existing facilities or an enlargement whether by extension of a side or by increasing in height or by moves from one location or position to another. Such structural parts shall include, but not be limited to, bearing walls, supporting columns, beams or girders.

"Apartment" means multiple-family dwelling structure so laid out and planned that no unit can be sold independently on a separate parcel of land.

"Bed and breakfast residence" means a private, single-family residence that is year-round owner-occupied, which provides overnight lodging for no more than twelve (12) transient guests as a subordinate use, and provides breakfast only for registered guests and their visitors before noon each day. Multifamily dwellings may be converted to bed and breakfast residences so long as there is only one owner occupant family residing in the residence.

"Billboard" or "signboard" means any structure or portion thereof situated on private premises on which lettered or pictorial matter is displayed for advertising purposes other than those on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted thereon, or the products primarily sold or manufactured thereon.

"Boarding house" means any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or furnished room house shall be deemed a boarding house.

"Building" means a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof. Decks, patios or raised platforms without roofs over eighteen (18) inches above grade shall be considered as part of the building and must comply with all building setback requirements.

"Building area" means the total of areas of outside dimensions on a horizontal plane at ground level of the principal building and all accessory buildings. Fifty (50) percent of the area of unroofed porches, terraces, steps, decks, patios or raised platforms having a vertical face of less than eighteen (18) inches above the level of the ground from which the height of the building is measured shall be counted toward the building area.

"Building coverage" shall mean the percentage of lot area covered by building area.

Building, Front Line of. "Front line of building" means the line of that face of the building nearest the street line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed but does not include steps.

Building, Height of. "Height of building" means the vertical distance measured from the mean elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.

Building, Principal. "Principal building" means a building in which is conducted the main or principal use of the lot on which the building is situated.

"Buildings" means any structure having a roof supported by columns or posts or by walls and intended for the shelter, housing or enclosing of persons, animals, or goods including tents, lunch wagons, and trailers.

"Business office" means a business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services, such as barber and beauty shops and repair services, such as radio and television repair shops, shall not be included within the definition of business services.

"Certificate of occupancy" means a certificate issued by the zoning officer upon completion of construction, alteration or change in occupancy of a building. Such certificate shall acknowledge compliance with all requirements of this title, such adjustments thereto granted by the board of adjustment, and all other applicable requirements.

"Church" means a building or group of buildings including customary accessory buildings designed or intended for public worship. For the purpose of this title, the word "church" shall include chapels, congregations, cathedrals, temples and similar designations as well as parish houses, convents and such accessory uses.

"Common open space" means an open space area within a site designated as a planned residential development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain such complemented structures and improvements as are necessary and appropriate for the use or of enjoyment of residents and owners of the development.

"Cul-de-sac" means a dead-end public street having a circular or other turnaround at its closed end.

"Density" means the permitted number of dwelling units per gross acre of land to be developed. Lands within a one hundred (100) year flood plain as determined by the N.J.D.E.P. or by the borough engineer shall not be considered as land to be developed.

"Dwelling" means a building or portion thereof, but not an automobile house trailer, designed or used exclusively for residential occupancy, including single-family dwellings, two-family dwellings, and multiple-family dwellings, but not hotels or motels.

Dwelling, Multiple-Family. "Multiple-family dwelling" means a building designed for or occupied exclusively by three or more families living independently of each other.

Dwelling, Single-Family or One-Family. "Single-family or one-family dwelling" means a detached building designed for or occupied exclusively by one family.

Dwelling, Two-Family. "Two-family dwelling" means a building designed for or occupied exclusively by two families living independently of each other.

"Dwelling unit" means one or more rooms arranged for the use of one or more individuals living together as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities.

"Family" means one or more persons customarily living together as a single housekeeping unit, related to each other by birth or marriage or not to exceed four unrelated individuals, as distinguished from a group occupying a boarding house, lodging house or hotel.

"Fence" means an artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.

"First Floor Area" shall be measured by using the outside dimensions of the residential portion of a building, excluding the area of an attached garage. For split level or tri-level dwelling, the area shall be considered to be the sum of the areas of two adjoining levels.

Garage, Private. "Private garage" means a detached accessory building or portion of a main building for the parking or storage of automobiles of occupants of the main building for the storage of not more than three motor vehicles, and wherein not more than one commercial vehicle not to exceed two tons in net weight is parked or stored.

Gasoline Station. See "Motor vehicle service station."

"Grocery/grocery store/convenience store" means a store selling food products which might also sell various household and sundry items directly to consumers.

"Gross habitable floor area" means the sum of the gross horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy. The areas shall be measured between the inside face of exterior walls, or from the center line of walls separating two dwelling units. The areas shall not include areas below the average level of the adjoining ground, garage space, utility rooms or building space.

"Guest room" means a room or combination of rooms in a bed and breakfast residence which is occupied, arranged or designed to be occupied by no more than four guests, and which contains no cooking facilities.

"Home occupation" means an occupation or activity carried out for gain by a resident conducted as an accessory use in the resident's dwelling unit.

Home occupations shall conform to the following standards:

1.

No changes in the exterior appearance of the dwelling shall be made.

2.

No signs advertising the home occupation are permitted.

3.

No client visits are permitted.

4.

There shall be no retail sales of goods.

5.

There shall be no mechanical equipment used except that which is ordinarily used for housekeeping purposes or for any purpose normal to the habitation of a dwelling.

6.

Not more than one person who is a non-resident of the dwelling unit may be employed.

7.

One additional off-street parking space shall be provided for an outside employee. This shall be in addition to the normal residential parking requirement for the subject property.

8.

The maximum floor area devoted to the home occupation shall be limited to twenty (20) percent of the total habitable square footage of the dwelling exclusive of any basement or attics.

9.

There shall be no outside storage of materials or equipment.

10.

A resident who intends to conduct a home occupation must apply for and obtain a zoning permit prior to commencement of the home occupation.

"Hotel" means a building designed and used exclusively for the provision of sleeping accommodations at a daily rate for the general public as transient guests for periods not to exceed thirty (30) consecutive days, with full-time, on-site management. Each room shall contain at least one bedroom, one bathroom, and one closet and must provide maid or cleaning services on a daily basis. None of the rooms or suites shall have a full kitchen, and none shall have a gas/electric range or oven, but they may provide a sink, microwave oven, and/or mini-refrigerator. Ancillary facilities may include restaurants, cocktail lounges, guest services shops (for newspapers, magazines, personal goods, souvenirs, sundries and similar types of items customarily provided in a motel or hotel facility), meeting rooms, banquet rooms, exercise rooms and computer rooms provided same are located within the building.

Hotels must meet all design criteria as set forth in this chapter.

"Junk yard" means any area or structure used or intended to be used for the conducting and operating of selling, buying, storing, or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind. The storage or other use of temporarily disabled licensed vehicles in conjunction with a public garage shall not be considered a junk yard.

"Lot" means a piece of parcel of land, abutting on a street, whose area, in addition to the parts thereof occupied or which may be hereafter occupied by the principal building and its accessory buildings, is sufficient to provide the yard spaces required by the latest official records, maps or ordinances.

"Lot area" means an area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a street right-of-way shall not be included in calculating lot area.

"Lot corner" means a parcel of land at the junction of and fronting on two or more intersecting streets.

"Lot coverage" means that percentage of the lot area which is overlain by buildings, building area, or structures and/or materials which results in the reduction and/or prevention of absorption of water into the ground and the lot area expressed in terms of a percentage of the total lot area. For purpose of calculating lot coverage, the total area of the water surface of in-ground swimming pools, patio pavers with non-mortar joints and a minimum of one-forth inch joint, and above ground decks shall be calculated at fifty (50) percent of the total area of such. Non-compacted gravel shall be calculated at eighty (80) percent of the total area of gravel.

"Lot depth" means a mean horizontal distance between the front and rear lot lines, measured at right angles to the street at two equidistant points on the front lot lines and in the general direction of the lot lines.

Lot, Interior. "Interior lot" means a lot other than a corner lot.

Lot Line, Front. "Front lot line" means that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way, except that within a residential district, the front line of a corner lot shall be along the street or road on which it has the least frontage. When a corner lot shall have equal frontage on both streets or roads, or shall have more than required lot depth on both streets or roads, the owner may elect which street or road he desires to front on.

Lot Line, Rear. "Rear lot line" means that boundary of a lot which is most distant from and is most nearly parallel to the front lot line.

Lot Line, Side. "Side lot line" means any boundary of a lot which is not a front lot line or a rear lot line.

"Lot width" means the horizontal distance between the side lot lines measured at right angles to its depth, and at a point which constitutes the rear line of the required front yard space.

"Manufacturing" means the treatment or processing of raw materials and the production of articles or finished products from raw or prepared materials by giving them new forms or qualities.

"Motel" or "hotel" means a building containing rooms used, rented, or hired out to be occupied for sleeping purposes by guests and where no cooking or dining facilities are provided except a central facility which may be open to all guests or to the general public.

"Motor vehicle service station" means a building or use which is designed or intended to be used for the supply of gasoline, oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, dry cleaning or otherwise cleaning or servicing such motor vehicles, but not including a conveyor type car wash or auto laundry.

"Nonconforming building" means a building or structure or portion thereof lawfully existing on December 29, 1969, which was designed, erected or structurally altered or located in a manner that does not conform to the dimension or area regulations of the district in which it is located.

"Nonconforming lot" means a lot record existing on December 29, 1969, which does not have the minimum width or contain the minimum area for the zone in which it is located.

"Nonconforming use" means any use of land, buildings or structures which does not comply with all of the regulations of this title governing uses for the zone in which such use is located.

"Nuisance factors" means an offensive, annoying, unpleasant, or obnoxious thing or practice, a cause or source of annoyance, especially a continuing or repeating invasion or disturbance of another's right, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by or affects a human being, or the generation of an excessive or concentrated movement of people or things, or any other characteristic detrimental to the value or use of an adjacent property, such as:

1.

Noise;

2.

Dust;

3.

Smoke;

4.

Fumes;

5.

Odor;

6.

Glare;

7.

Flashes;

8.

Vibration;

9.

Shock waves;

10.

Heat;

11.

Electronic or atomic radiation;

12.

Objectionable effluent;

13.

Noise of congregation of people, particularly at night;

14.

Passenger traffic;

15.

Transportation of things by truck, rail or other means;

16.

Invasion of non-abutting street frontage by parking;

17.

The obscuring or masking of adjacent or nearby property by projecting signs, marquees, or canopies;

18.

Any adverse effect on value or desirability of nearby property caused by such matters as incongruous appearance, exposed storage of inoperable automobiles, junk, materials, and neglect or dilapidation of land or buildings, exposed parking of commercial vehicles on residential lots;

19.

Unusual risks of fire or explosion, such as manufacture or storage of wood, fuel, or explosives;

20.

Similar matters covered by other ordinances;

21.

Parking of motor vehicles in required front yards, on other than established driveways.

"Open space" means an unoccupied space open to the sky on the same lot with a principal or accessory building.

"Parking space" means an off-street space available for the parking of a motor vehicle and which in this title is held to be an area ten (10) feet wide and twenty (20) feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.

"Planned residential development" means an area with a specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include public or quasi-public uses all primarily for the benefit of the residential development.

"Restaurant" means any establishment, however designated, at which food is sold for consumption on the premises, but normally to patrons seated within an enclosed building. However, a snack bar at a public or a community playground, playfield, park, or swimming pool operated solely by the agency or group operating the recreational facilities, and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.

Restaurant, Drive-In. "Drive-in restaurant" means an establishment where patrons are served food, soft drinks, ice cream, and similar confections for principal consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.

"Room" includes living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating and dining areas in which one full wall is open into a living room area shall be counted as one-half room. Baths shall not count as rooms.

Setback Line. See "Building, Front Line of."

"Sign" means any device, structure, or object for visual communication that is used for the purpose of bringing the subject thereof to the attention of others, but not including any flag, badge, or insignia or any public, quasi-public, civic, charitable or religious groups.

"Sign area" means the area defined by the frame or edge of a sign. Where there is no geometric frame or edge of the sign, the area shall be defined by a projected, enclosed, four-sided (straight sides) geometric shape which most closely outlines the sign.

Sign, Identification. "Identification sign" means any sign which shall be used to advertise and identify the business conducted on the premises where the sign is located.

Sign, Lighted. "Lighted sign" means a sign which is provided with a light shining on it so that it may be read after dark, but does not include lighting by neon tubes, or internal illumination.

"Site plan" means a plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the planning board in unusual or special cases.

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.

Story, Half. "Half story" means that portion of a building under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story.

"Street" means a public thoroughfare which has been dedicated or deeded to the public for public use which has been improved in accordance with municipal standards.

"Street lines" means the line which separates the publicly owned or controlled street right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curb line or edge of pavement line. On a street or highway shown on the adopted master plan of the borough, the street line shall be considered to be the proposed right-of-way for the street.

"Structure" means a combination of materials to form a construction that is safe and stable and includes among other things, stadiums, platforms, radio towers, sheds, storage bins, fences and display signs.

Swimming Pool, Private. "Private swimming pool" means a private swimming pool associated with a residential dwelling unit or units and located on an individual residential lot.

"Townhouse" means a single-family dwelling with one or more party walls on a lot with street frontage and susceptible to individual sale.

1.

A "townhouse dwelling unit" is one of a series of single-family dwelling units which may be attached by a common wall between it and the adjacent unit or units, together with individual front and rear yards designed as an integral part of each unit, and having been constructed in conformity with applicable rules, regulations, and ordinances of the borough.

2.

A "townhouse dwelling structure" is a structure containing two or more townhouse dwelling units.

3.

A "townhouse complex" is an integrated scheme of townhouse dwelling structures and common lands or facilities.

4.

A "townhouse parcel" is an entire tract upon which a townhouse complex shall be built.

5.

A "townhouse lot" is a parcel of land intended to be conveyed in fee simple to an individual purchaser, together with a townhouse dwelling unit constructed thereon.

"Use" means the specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.

"Yard" means an open space on the same lot with a main building unoccupied and unobstructed from the ground upward, except as otherwise provided in this title.

Yard, Front. "Front yard" means an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front of the building and the street line. Covered porches whether enclosed or unenclosed shall be considered as part of the main building and shall not project into a required front yard.

Yard, Rear. "Rear yard" means an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the entire line of the alley, if there be an alley, and the rear line of the building.

Yard, Side. "Side yard" means an open unoccupied space on the same lot with a main building situated between the side line of the building and the adjacent side line of the lot and extending from the rear line of the front yard to the front line of the rear yard. If no front yard is required, the front boundary of the side yard is to be the front line of the lot and if no rear yard is required, the rear boundary of the side yard shall be the rear line of the lot.

"Zoning officer" means the officially established zoning officer of the borough.

"Zoning permit" means a permit stating that the purpose for which a building or land is to be used is in conformity with the uses permitted and all other requirements under this title for the zone in which it is located or is to be located.

(Ord. 2006/19 § 1; Ord. 16/96 § 2; prior code § 19-20)

(Ord. No. 2013/2, § 2, 4-15-13; Ord. No. 2018/1, § I, 3-19-18)

All amendments to this title and to the zoning map which forms a part hereof shall be adopted in accordance with the provisions of the New Jersey Revised Statutes, as most recently amended.

The applicable provisions of the revised statutes are set forth below for information, but shall not constitute a part of this title:

40:55-34

No zoning ordinance or ordinance authorized under The "Municipal Planned Unit Development Act (1967)" shall be adopted, amended, or repealed until after public hearing thereon by the governing body or board of public works, at which parties in interest and citizens shall have an opportunity to be heard. Said ordinance and notice of the time and place of hearing thereon shall be published at least once in an official newspaper, if there be one or otherwise in a newspaper of general circulation in the municipality, and such publication shall take place ten (10) or more days prior to such hearing.

Within 30 days after the adoption of any such ordinance or amendment thereto, a copy of said document shall be transmitted to the county planning board for its information and files.

The municipal clerk shall notify the county planning board of the introduction of any revision or amendment of any such ordinance which affects lands adjoining county roads or other county lands, or lands lying within two hundred (200) feet of a municipal boundary, or proposed facilities or public lands shown on the county master plan or official county map. Such notice shall be given to the county planning board at least ten (10) days prior to the public hearing thereon by personal delivery or by certified mail of a copy of the official notice of the public hearing together with a copy of the proposed ordinance.

40:55-35.

Such regulations, limitations and restrictions may be amended, changed, modified, or repealed, and the boundaries of such districts may be changed, by ordinance, but no amendment or change shall become effective unless the ordinance proposing such amendment or change shall first have been submitted to the planning board, when such board exists, for approval, disapproval or suggestions, and the planning board shall have a reasonable time, not less than thirty (30) days, for consideration and report, and in the case of an unfavorable report by the planning board such amendment shall not become effective except by a favorable vote of two-thirds of the governing body. In case of a protest against such proposed change signed by the owners of twenty percentum (20%) or more either of the area of the lots or land included in such proposed change, or of the lots or land in the rear thereof extending one hundred (100) feet therefrom, or of the lots or land on either side thereof or directly opposite thereto extending one hundred (100) feet therefrom (exclusive of street space), such change shall not become effective except by the favorable vote of two-thirds of all the members of the governing body or board of public works of such municipality.

(Prior code § 19-26)