Freehold City Zoning Code

Except as hereinafter provided:

A.

No building or land shall after December 29, 1969, be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the district or zone in which it is located.

B.

No building after December 29, 1969, shall be erected or altered:

1.

To exceed the height;

2.

To accommodate or house a greater number of families;

3.

To occupy a lesser amount of floor space; or

4.

To have narrower or smaller rear yards, front yards, side yards, inner or outer courts, than as specified here for the district or zone in which the building is located.

C.

No part of a yard or other open space required about any building for the purposes of complying with the provisions of this title shall be included as a part of the yard or other open space similarly required for another building.

(Prior code § 19-14.1)

The provisions of this title shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. It is not intended by this title to repeal, abrogate, annul or in any way to impair and interfere with any existing provisions of the law or of any ordinance other than prior zoning ordinances or any rules, regulations, or permits previously adopted or issued or which shall be adopted or issued pursuant to law regulating the use of buildings or premises. Any restrictions or requirements with respect to buildings or land or both which appear in other ordinances of the borough (except existing zoning ordinances) are established by law and which are more restrictive than those set forth herein shall take precedence over those herein.

It is not intended by this title to interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where this title imposes a greater restriction upon the use of a building or premises or upon the height of the building or requires larger yards, courts or other open spaces than is imposed or required by existing provisions of law or ordinances or by any rule, regulation or permit or by such easements, covenants or agreements, the provisions of this title shall control.

(Prior code § 19-14.2)

A.

Undersize Lots of Record. Any parcel of land with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership on December 29, 1969, and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area requirements for such lot shall be five thousand (5,000) square feet of lot size and forty (40) feet of lot width; and further provided that all other regulations prescribed for the zone by this title are complied with.

B.

Height. The height limitations of this title shall not apply to silos, church spires, belfries, cupolas, and domes not used for human occupancy, nor to chimneys, ventilators, skylights, water tanks, similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this title shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches, and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located.

C.

Yards. Open fire escapes may not project more than five feet into any side or rear yard in a residential zone. A paved terrace at ground level shall not be considered in the determination of side or rear yard sizes or lot coverage, provided that such terrace is unroofed and without walls, parapets or other form of enclosure. No paved terrace shall be permitted closer than five feet of any side or rear property line.

D.

Irregularly Shaped Lots. In the case of irregularly shaped lots, the minimum lot frontage specified in Schedule I, set out at the end of this title, may be measured at the rear line of the required front yard, provided that the lot frontage measured at the street right of way line shall not be less than seventy (70) percent of the minimum lot frontage as specified in said schedule. This seventy (70) percent of the minimum lot frontage requirement shall not apply to lots fronting on a cul-de-sac.

(Prior code § 19-14.3)

A.

No structure shall be built within fifty (50) feet of the bed of a stream carrying water on an average of six months of the year. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface.

B.

No persons shall strip, excavate, or otherwise remove top soil from any premises in the borough.

C.

Existing natural features such as trees, brooks, drainage channels and views shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.

(Prior code § 19-14.4)

A.

No lot shall have erected upon it more than one principal residential building. No yard or other open space provided around any building for the purpose of complying with the provision of this title shall be considered to provide a yard or open space for any other building.

B.

An accessory building attached to a principal building shall comply in all respects with the yard requirements of this title for the principal building. Detached accessory building shall be located to the rear of the front building line of the principal building, and if located in a side yard area shall conform to side yard requirements of Schedule I, set out at the end of this title.

C.

Every principal building shall be built upon a lot with frontage upon a public street improved to meet the borough requirements or for which such improvements have been insured by the posting of a performance guarantee pursuant to the land subdivision ordinance of the borough, unless relief has been granted by the board of adjustment.

D.

At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each thirty (30) feet distant from the intersection along the street lines.

E.

All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersection streets, for both principal and accessory buildings.

F.

No front yard area, including driveways in the front yard, shall be used for open storage of boats, recreational vehicles or any other equipment except for vehicular parking on driveways of currently registered automobiles and trucks which are driven on a regular basis. Automobiles or trucks shall not be displayed for sale within the front yard area of any property except on driveways.

G.

Business structures or uses shall not display goods for sale purposes or coin-operated vending machines of any type beyond three feet of the structure in which such business activity is carried on. At no time may any goods, display racks or coin-operated vending machines be located on or in the borough right of way without obtaining a license to do so.

All display racks, equipment and goods must be brought in to the business structure each day at the close of normal business hours. Coin-operated vending machines may remain out of doors within three feet of the structure provided they are not located in the right-of-way.

H.

In any zone, all yards, open space, off-street parking and landscaping shall be contained within that zone.

(Prior code § 19-14.5)

(Ord. No. 2009/15, § 1, 8-10-2009; Ord. No. 2013/2, § 2, 4-15-13)

A.

Utility line installation or utility service lines shall include conduits, cables, pipes, wires, or other conducts, transmitting water, gas, sewage, electricity, telephone service, steam, television transmission, and whether such installation be owned by a public utility or private enterprise.

B.

For all major subdivisions, the applicant shall arrange with the serving utility for the underground installation of the utilities distribution supply lines and service connections in accordance with the provisions of the applicable standard terms and conditions incorporated as a part of its tariff as the same are then on file with the state of New Jersey Board of Public Utility Commissioners and shall submit to the borough engineer and the planning board prior to the granting of final approval a written instrument from each serving utility which shall evidence full compliance with the provisions of this subsection; provided, that in such subdivisions such installations shall be installed underground under the sidewalk paralleling the street and not in the area of the roadway between the curb lines of the street; provided, that in such subdivisions, lots which abut existing streets where overhead electric or telephone distribution supply lines have theretofore been installed on any portion of the streets involved, may be supplied with electric and telephone service from such overhead lines or extensions thereof but the service connections from the utilities overhead lines shall be installed underground.

C.

All new installation of electric lines and equipment under sidewalks shall meet specifications of the National Electrical Code Line and must be installed in conduits or ducts or direct burial cable and every effort shall be made to have easements for such installation in front yards.

D.

Where any above ground utility service lines are being changed to underground service lines, such utility service lines shall be installed under the sidewalks paralleling the street and not in the area of the roadway between the curb lines of the streets.

E.

Where utility service lines are installed beneath existing sidewalks areas, the sidewalks replacing those removed to facilitate the installation shall be of equal or superior quality than those being replaced and must satisfy the standards and requirements as set forth by the borough engineer.

F.

In any particular situation where the applicant can clearly demonstrate that because of unusual topographic conditions or other unusual conditions having to do with the land, the installation of such utilities underground is impracticable or otherwise not feasible due to such conditions, then the borough engineer, in his or her discretion, may waive this requirement for underground installation.

G.

All underground utility work installed under the pavement of the sidewalk shall be laid sufficiently in advance to allow for complete settlement of the trenches and in no event shall construction work be permitted over such excavation which, in the opinion of the borough engineer, has not properly settled.

H.

Where, in the installation of utility service lines under sidewalks, such lines shall pass through existing root systems of trees under jurisdiction of the shade tree commission, the digging and removal of soil must be performed in such manner that the roots are not cut or otherwise injured and inspections during the progress of the installation shall be made by the borough engineer who will apply, in addition to the specifications and requirements of the office of the borough engineer, specifications, requirements, and standards as outlined by the shade tree commission of the borough.

Essential services shall be permitted as authorized and regulated by law and other ordinances of the borough in any district.

(Prior code § 19-14.6)

Whenever any street, alley or other public way is vacated by official action of the governing body, the zoning district shall be automatically extended to the center of such vacated public way, and all area included in the vacated area in question shall be subject to all appropriate regulations of the extended districts.

(Prior code § 19-14.7)

For the purpose of regulating the locations of accessory buildings on corner lots, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which the corner lot or through lot is located, provided further that no accessory building shall be permitted in any required front yard.

(Prior code § 19-14.8)

Any use not specifically permitted in a zoning district established by this title is specifically prohibited from that district, and it is further provided that the following uses and activities shall be specifically prohibited in any zone in the borough:

A.

The keeping or raising of swine, horses, cattle or goats;

B.

All billboards, sign boards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by Chapter 15.16;

C.

Auction markets;

D.

Junk yards, automobile wrecking or disassembly yards, the sorting or baling of scrap metal, paper, rags, or other scrap or waste material, asphalt plants, concrete plants, asphalt batching plants, concrete batching plants, asphalt mixing plants, concrete mixing plants, asphalt manufacturing plants, concrete manufacturing plants, secondhand or used car lots except as an accessory use to a new car agency;

E.

The keeping or raising of mink, foxes or similar fur-bearing animals;

F.

Trailer courts, trailer coaches as dwellings, offices or storage facilities, or commercial activities related to the outdoor storage or display of trailer coaches except that during periods of construction, transportable or wheeled offices may be permitted specifically limited as to the extent of time of such use; and further provided such trailer coaches or mobile units may be used in conjunction with programs for educational and instructional services to Freehold Borough school children conducted by a state, county, regional or local board of education or agency;

G.

Privately operated dumps for the disposal of garbage, trash, junk, refuse, and similar materials;

H.

Any use of any building or premises in such a manner that the health, morals, safety or general welfare of the community may be endangered;

I.

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

J.

Automobile car lots, salesrooms, and facilities: used car lots, salesrooms and facilities unless the same are accessory to the sale of new cars and unless such used car lot, salesroom or facility is located on the same lot with the principal use. Automobiles shall not be displayed within the front yard.

(Prior code § 19-14.9)

(Ord. No. 2013/2, § 2, 4-15-13; Ord. No. 2020/2, § I, 2-3-2020)

A.

No vehicle exceeding the following standards shall be parked overnight in any residential zone:

1.

Vehicles containing signs/markings totaling more than eighteen (18) inches by twenty-four (24) inches on any side of the vehicle;

2.

Any vehicle which is longer than eighteen (18) feet six inches from bumper to bumper or is more than seven feet six inches from the ground to the uppermost roof, equipment rack, warning beacon or similar attachment;

3.

Any vehicle containing equipment, contractor tools, supplies and/or materials exposed to public view with the exception of not more than one ladder or equivalent amount of pipe mounted on a roof or bed rack.

B.

Any and all vehicles exceeding the above standards must be parked in a garage or behind the rear building line.

C.

No more than one vehicle with commercial license plates may be parked in any residential zone unless the vehicles are housed in a garage.

D.

Excluded from the above prohibition are vehicles of agencies providing emergency service while actually engaged in emergency or service calls.

E.

This section must be read in conjunction with Section 10.12.120 and may be enforced either under the zoning ordinance or under the general police regulations.

F.

This section shall be enforced by any appropriate official including the police department and zoning officer.

(Ord. 11/97 § 1; Ord. 21/96 § 1; prior code § 19-14.10)

A.

All new residential dwelling units constructed in R-10 and R-7 residential zones shall have an attached or detached garage containing a minimum area of two hundred fifty (250) square feet, and shall provide a driveway connecting the garage to the street upon which the lot has frontage.

B.

Conversion of attached garage areas to living space in existing residential structures shall be permitted in all zone districts other than the R-7 and R-10 Districts upon the submission of a zoning application evidencing sufficient on-site parking pursuant to RSIS. All permitted conversions shall be subject to review and permitting by the borough building department and zoning officer.

C.

In R-4 and R-5 residential zones, all new residential dwellings shall provide sufficient on-site parking pursuant to RSIS, but shall not be required to provide a garage.

D.

In addition to garages other accessory structures shall be permitted on the same lot. In all residential zone districts the RPO zone and B-1A zone, accessory structures shall be limited to 750 square feet in size with a maximum permitted height of twenty (20) feet to the peak of the roof. In the B-1, B-2 and B-2B zone districts accessory structures shall be limited to one thousand five hundred (1,500) square feet in size with a maximum permitted height of twenty (20) feet to the peak of the roof. No more than two accessory structures exceeding two hundred (200) square feet each shall be permitted on any lot.

(Ord. No. 2013/2, § 2, 4-15-13; Ord. No. 2025-14, § 1, 6-16-25)

Editor's note— Ord. No. 2013/2, § 2, adopted April 15, 2013, amended § 18.72.110 in its entirety to read as set out herein. Former § 18.72.110 pertained to garages and derived from the prior code § 19.14.11; Ord. 2000/31, § 1; Ord. 2005/19, § 1.

The construction, placement or use of billboards is specifically prohibited in any other zone within the borough other than the B-2B zone as set forth in this title.

(Ord. 2000/19 § 2)

Churches and similar places of worship and religious instruction shall have a minimum lot area of three acres.

(Prior code § 19-14.12)

Nothing in this title shall be construed as limiting local temporary charitable and civic activities, such as firefighter's fairs and the like, provided such use shall not exceed ten (10) days and shall comply with all other ordinances and regulations of the borough.

(Prior code § 19-14.13)

A.

A disabled vehicle is a vehicle that:

1.

Is not currently capable of operation or cannot be legally operated on a street or road;

2.

Is in a state of disrepair;

3.

Is not registered or the registration is expired; or

4.

Does not have license plates.

B.

No more than one disabled vehicle may be housed, or located (other than inside an enclosed garage) on private residential or commercial property for more than sixty (60) consecutive days or sixty (60) days in any six-month period of time. No disabled vehicles, other than vehicles of a public entity, may be stored, housed or located on public property.

C.

In the event of a hardship, an application may be made to the code office for an extension of the sixty (60) day period. In no event may the time period be extended beyond one year.

(Ord. 2006/5 § 1: prior code § 19-14.14)

Should any variance be granted to permit the utilization of any existing structure or new structure in the B-1, B-2, B-2a, C-M, or M-1 zones, the zoning board of adjustment shall apply the standards set forth in Chapter 18.84.

(Prior code § 19-14.15)