Single-family detached dwelling units.

Accessory uses that are customary and incidental to single-family dwelling units as described in § 106-107.

Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.

Home occupations conforming to § 106-108.

Public parks and playgrounds.

Accessory apartment for senior citizens conforming to § 106-105.

The boarding of two persons per dwelling unit in rooms that do not constitute separate housekeeping units and where the outside entrance to the rented rooms is the same entrance to the remainder of the housekeeping unit. No cellar can be used as a dwelling unit for boarders.

Lot size: 5,000 square feet minimum.

Yards:

Lot depth: 100 feet minimum.

Lot width: 50 feet minimum.

Height: 2 1/2 stories and 30 feet maximum.

Open space: 50% minimum, of total lot area.

Impervious lot coverage: Impervious surfaces shall cover no more than 60% of the lot.

Maximum dwelling size or floor area ratio (FAR):

External front steps: constructed of masonry or wood and no higher than five feet.

Single-family detached dwelling units.

Accessory uses that are customary and incidental to single-family dwelling units as described in § 106-107.

Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for person with head injuries.

Home occupations conforming to § 106-108.

Public parks and playgrounds.

Accessory apartment for senior citizens conforming to § 106-105.

The boarding of two persons per dwelling unit in rooms that do not constitute separate housekeeping units and where the outside entrance to the rented rooms is the same entrance to the remainder of the housekeeping unit. No cellar can be used as a dwelling unit for boarders.

Lot size: 7,000 square feet minimum.

Yards:

Lot depth: 140 feet minimum.

Lot width: 50 feet minimum.

Height: 2 1/2 stories and 30 feet maximum.

Open space: 60% minimum, of total lot area.

Impervious lot coverage: impervious surfaces shall cover no more than 60% of the lot.

Maximum dwelling size or floor area ratio (FAR):

External front steps: Constructed of masonry or wood and no higher than five feet.

Single-family detached dwelling units.

Two-family dwelling units when the dwelling units are separated by unpierced ceilings, wall and/or floors.

Accessory uses that are customary and incidental to single- and two-family dwelling units as described in § 106-107.

Community residences for the developmentally disabled, community shelters for victims of domestic violence and community residences for persons with head injuries.

Home occupations conforming to § 106-108.

Public parks and playgrounds.

Accessory apartment for senior citizens conforming to § 106-105.

The boarding of two persons per dwelling unit in rooms that do not constitute separate housekeeping units and where the outside entrance to the rented rooms is the same entrance to the remainder of the housekeeping unit. No cellar can be used as a dwelling unit for boarders.

Lot size. Every lot within this zone shall meet the minimum lot size requirements for lots in the RA Zone.

Yards:

Lot depth: 100 feet minimum.

Lot width: 50 feet minimum.

Height: for a single-family dwelling, 2 1/2 stories and 30 feet maximum; for a two-family dwelling, 2 1/2 stories and 32 feet maximum.

Open space: for a single-family dwelling or two-family dwelling, 50% minimum.

(Reserved)

Maximum dwelling size or floor area ratio (FAR):

Impervious lot coverage: Impervious surfaces shall cover no more than 60% of the lot.

External front steps: Constructed of masonry or wood and no higher than five feet.

Retail trade uses when located on the first or ground floor of a structure as follows: Major Group 52, building materials, hardware, garden supply, and mobile home dealers, only the following industry numbers - 5131 (paint, glass and wallpaper stores), 5251 (hardware stores). Major Group 53, general merchandise stores; Major Group 54, food stores, provided that the maximum area does not exceed 4,000 square feet; Major Group 56, apparel and accessory stores; Major Group 57, furniture, home furnishings and equipment stores; Major Group 59, miscellaneous retail, 596 (non-store retailers) and 598 (fuel oil and ice dealers) and including industry number 5999 (miscellaneous retail stores, not elsewhere classified) only those establishments specifically listed; and in Major Group 72, personal services, excluding 7261 (funeral services and crematories), 7299-03 (escort services); 7299-04 (house sitting service), 7299-16 (single organizations). 7299-19 (baby sitters), 7299-26 (dating services), 7299-77 (philosophers), 7299-51 (coats of arms), 7299-54 (vehicle & drivers licenses services); and Major Group 73, only 7352 medical rental and leasing.

Professional offices, as defined in § 106-4 of this chapter.

Apartment units as defined in § 106-4 of this chapter, when located above the first floor, provided that a minimum of 15% of the apartments shall be set aside for occupancy by, and shall be deed-restricted as to their affordability to, qualified low-, very-low- and moderate-income households in accordance with all requirements of the Borough's adopted Affordable Housing Ordinance, Chapter 106, Article XIV, of the Borough Code.

Child-care centers.

Lot area: 2,000 square feet minimum.

Yards:

Lot depth: 100 feet minimum.

Lot width: 20 feet minimum.

Height: 40 feet maximum.

Open space: none.

Building coverage. The minimum lot coverage of the principal structure shall be 60% of the total lot area.

This zone's primary purpose is to encourage and promote the conversion of underutilized industrial properties to active, mixed-use areas consisting of retail, professional office, and service business uses in close proximity to the Central Business (CB) Zone and mass transit. A second purpose is to encourage clustered uses that are larger in scale than those that are appropriate for the CB and GB Zones, but only of a size and intensity of a neighborhood shopping center, not that of a regional shopping center. Finally, through large minimum lot sizes, promotion of mixed uses, specific pedestrian and parking design regulations, and encouragement of provisions for mass transit access, it is the intent of this zone to encourage pedestrian activity centered around an intensive core of mixed uses.

Permitted uses in the CC Zone are to be developed as part of comprehensive developments of different size uses. Retail uses that will serve in support of, and not as a detriment to, those retail uses in the CB Zone are encouraged. Parking and circulation plans coordinated with adjacent property owners to provide shared parking, reduce driveway openings, and promote safer and more efficient on-site circulation patterns are encouraged. Anchor units are permitted to be single store facilities, provided they are linked with other uses to form one comprehensive development advancing the zone's primary purpose. Developments in the CC Zone shall be planned in a coordinated and comprehensive manner with careful attention paid to access, parking pedestrians, aesthetics, landscaping, signage and lighting.

Retail trade uses, limited to a maximum unit size of 17,000 square feet, unless specifically noted otherwise, as follows: Major Group 52, building materials, hardware, garden supply and mobile home dealers, only the following industry numbers - 5231 (paint, glass and wallpaper stores), 5251 (hardware stores); Major Group 53, general merchandise stores; Major Group 54, food stores of a maximum size of 60,000 square feet; Major Group 56, apparel and accessory stores; Major Group 57, furniture, home furnishings and equipment stores; Major Group 59, miscellaneous retail excluding 5932 (used merchandise stores), 596 (non-store retailers) and 598 (fuel oil dealers) and including in industry number 5941 (sporting goods and bicycle shops) only those establishments specifically listed excluding ammunition-retail, and firearms retail, and including in industry number 5999 (miscellaneous retail stores, not elsewhere classified), only those establishments specifically listed; Major Group 72, personal services, Group 72, personal services, excluding 7261 (funeral services and crematories), 7299-03 (escort services); 7299-04 (house sitting service), 7299-16 (single organizations), 7299-19 (baby sitters), 7299-26 (dating services), 7299-77 (philosophers), 7299-51 (coats of arms), 7299-54 (vehicle & drivers licenses services); Major Group 73 only 7352 (medical equipment rental and leasing.

Retail business services uses, limited to a maximum unit size of 6,000 square feet, as follows: Major Group 60, banking, excluding industry number 6059 (establishments performing functions closely related to deposit banking not elsewhere classified); Major Group 61 credit agencies other than banks; Major Group 62, security and commodity brokers, dealers, exchanges and services; Major Group 64 insurance agents, brokers, and service; Major Group 65 real estate; Major Group 72, personal services, excluding 7261 (funeral services and crematories), 7299-03 (escort services); 7299-04 (house sitting service), 7299-16 (single organizations), 7299-19 (baby sitters), 7299-26 (dating services), 7299-77 (philosophers, 7299-51 (coats of arms), 7299-54 (vehicle & drivers licenses services); Major Group 73, business services excluding industry number 7399 (business services, not elsewhere classified); Major Group 76, miscellaneous repair services, including within 7699 (repair shops and related services, not elsewhere classified) only those establishments specifically listed except agricultural equipment repair, fire control equipment repair, gunsmith shops, industrial truck repair, motorcycle service repair, and tractor repair; Major Group 79, industry number 7911 (including dance studios and schools, but excluding dance halls) and 7933 (bowling alleys); Major Group 86, membership organizations, industry number 8611 (business associations), 8621 (professional membership organizations); 8631 (labor union and similar labor organizations); 8641 (civic, social and fraternal associations) and 8651 (political organizations only, and Major Group 87 (engineering, accounting, research, management, and related services, excluding industry number 8731 (commercial physical and biological research); 8733 noncommercial research organizations), and 8734 (testing laboratories).

Professional offices, as defined in § 106-4 of this chapter, excluding industries specifically excluded above.

Child care centers.

Health club.

The above permitted uses are only permitted when located inside permitted structures. Outdoor storage is only permitted as an accessory use in accordance with § 106-111 of this chapter.

Unit sizes. Each mixed use development shall have at least one anchor unit of a minimum 12,000 square feet. The average unit size of retail units within the development outside of the anchor unit shall be greater than 2,000 square feet. No one unit, other than as specifically permitted elsewhere in this chapter, shall be greater than 17,000 square feet or smaller than 500 square feet. (The references to unit sizes in these regulations transfer the Borough's intent to require a variety of uses in any CC Zone development.)

Lot area: 100,000 square feet minimum.

Yards:

Lot depth: 200 feet minimum.

Lot width: 500 feet maximum.

Height: 40 feet maximum.

Building coverage: 35% maximum.

Open space: 15% of total lot area.

Provision for all pedestrian users to access each use from the public right-of-way via a separate pedestrian walk in addition to any access through the parking area. This walk is to have a grade separation from the parking area, and is to be a minimum of six feet wide.

Provision of covered pedestrian walkways along each wall that is to be utilized by pedestrians for access into a unit and, to the extent possible and practicable, connecting each unit to one another. These walkways are to have a grade separation from the parking area, and are to be a minimum of 10 feet wide. Such covered walkways are not included in building coverage calculations.

Retail trade as described in § 106-94B(1) unless specifically excluded below.

Professional offices as described in § 106-94B(2).

Retail/business service uses as follows. Major Group 60, banking, excluding industry number 6059 (establishments performing functions closely related to deposit banking, not elsewhere classified); Major Group 61, credit agencies other than banks; Major Group 62, security and commodity brokers, dealers, exchanges and services; Major Group 63, insurance; Major Group 64, insurance agents, brokers and service; Major Group 65, real estate, only the following industry numbers, 6531 (real estate agents and managers) and 6541 (title abstract offices); Major Group 72, personal services, excluding 7261 (funeral services and crematories), 7299-03 (escort services); 7299-04 (house sitting service), 7299-16 (single organizations), 7299-19 (baby sitters), 7299-26 (dating services), 7299-77 (philosophers), 7299-51 (coats of arms), 7299-54 (vehicle & drivers licenses services); Major Group 73, business services; Major Group 76, miscellaneous repair services, excluding 7699 (repair shops and related services, not elsewhere classified); Major Group 79, industry number 7911 (including dance studies and schools, but excluding dance halls), and 7933 (bowling alleys) only; Major Group 86 (membership organizations), 8611 (business associations), 8621 (professional membership organizations) and 8651 (political organizations) only.

Child care centers.

Lot area: 7,000 square feet minimum.

Yards:

Lot depth: 100 feet minimum.

Lot width: 70 feet minimum.

Height: three stories or 40 feet maximum.

Open space: 15% minimum of total lot area.

Building coverage. The minimum lot coverage of the principal structure shall be 30% of the total lot area.

Industrial/heavy commercial uses as follows: Major Group 50, wholesale trade-durable goods, including 5091, sporting and recreational goods and supplies, except ammunition and firearms; Major Group 51, wholesale trade-non-durable goods, except 516 (chemical and allied products), Group Number 517 (petroleum and petroleum products), 5198 (paints, varnishes and supplies); Major Group 75, automotive repair, services and garages, including Group Number 753 (automotive repair shops) only.

Light industrial and manufacturing uses as follows: Major Group 25, furniture and fixtures; Major Group 26, paper and related products; Major Group 27, printing and publishing; Major Group 34, fabricated metals, except machinery; Major Group 35, machinery and computers; Major Group 36, electronic and electrical, except computers; Major Group 38, measuring, analyzing and controlling instruments, photogenic, medical and optical, and watches and clocks.

Major Group 54, food stores of not more than 60,000 square feet.

Child care centers.

Warehouse establishments that are designed for selling merchandise in the above group categories, rather than storing such merchandise are not permitted in this zone. Such establishments are considered retail trade uses.

The above permitted uses are only permitted when located inside permitted structures. Outdoor storage is only permitted as an accessory use in accordance with § 106-111 of this chapter.

Lot area: 30,000 square feet minimum.

Yards:

Lot depth: 200 feet minimum.

Lot width: 100 feet minimum.

Height: 40 feet maximum.

Building coverage: 40% minimum.

Open space: 15% of total lot area minimum.

Public streets and rights-of-way.

Public transportation rights-of-way.

Lot area: n/a.

Yards:

Lot depth: n/a.

Lot width: n/a.

Height: n/a.

Open space: n/a.

Building coverage: n/a.

Public parks, playgrounds, athletic fields, open space and other publicly owned recreational areas whether developed or undeveloped.

Lot area: n/a.

Yards:

Lot depth: n/a.

Lot width: n/a.

Height: 25 feet maximum.

Open space: 90%.

Building coverage: 10%.

Public buildings and public schools, grounds and facilities.

Municipal buildings and municipal grounds and facilities.

Lot area: n/a.

Yards:

Lot depth: n/a.

Lot width: n/a.

Height: 40 feet maximum.

Open space: 15% minimum of the total lot area.

Building coverage: 60%.

Permitted land uses.

Building requirements. The following requirements shall be applicable to all development in the MUD Zone.

Additional development standards and regulations. All development in the MUD shall comply with the following additional development standards and regulations.

Multifamily residential uses, where a fifteen-percent affordable residential rental component set-aside or a twenty-percent affordable for-sale component set-aside is provided in accordance with the applicable Borough ordinances.

Existing permitted uses, permitted by the underlying zone, are not modified or affected by the establishment of this overlay zone.

Development of the site in the Garwood Mall Overlay Zone is permitted for a permitted use authorized pursuant to the underlying zone or a use permitted in the overlay zone, or both.

All accessory uses permitted in the underlying zones.

Private residential garages and off-street parking. Standalone structured parking decks are prohibited.

Loading areas.

Leasing office.

Streetscape improvements.

Fences in accordance with the applicable Borough ordinances.

Signage shall be subject to the requirements of the applicable Borough ordinances.

Other customary accessory uses and structures such as, but not limited to, a club room, fitness areas and swimming pools for the private use and enjoyment of residents and their guests.

The bulk regulations for the Garwood Mall Overlay Zone multifamily residential use are as follows:

No more than two bedrooms shall be permitted in any market-rate unit.

Residential Site Improvement Standards (RSIS), N.J.A.C. 5:21, shall be referenced to determine the number of required parking spaces, size of parking spaces, and construction details concerning project streets and drives, sidewalks, water supply and sanitary sewers. Barrier-free parking spaces shall be provided and signed in accordance with the standards of the New Jersey Barrier Free Code.[2]

Structured parking is permitted. The number of parking stories shall be counted towards the number of stories permitted.

A landscape plan prepared by a licensed landscape architect, licensed by the New Jersey State Board of Architects, or other qualified individual shall be submitted as part of any development plan. The plan shall include detailed construction drawings for all site landscaping, common areas, recreation areas and all street frontage improvements including but not limited to street trees, ornamental lighting and brick paver walkways.

A minimum planted buffer of not less than 15 feet shall be established and maintained around the perimeter of the tract developed pursuant to this section. This perimeter buffer shall be planted with a dense grouping of landscape materials which may include fencing, decorative walls and berms. Site driveways, with or without sidewalk(s) connecting the public street to the site, are permitted to pierce this required buffer, as are underground utility and drainage connections.

All portions of the property not utilized by buildings or paved surfaces shall be landscaped utilizing a variety of landscape material, including but not limited to landscaped fencing, shrubbery, lawn area, ground cover, and trees. The use of coniferous and/or deciduous trees native to the area shall be used to lessen the visual impact for the structures and paved areas.

Landscaping shall be designed to create a complete integration of the various elements of site design.

That the proposed use is a conditional use as set forth in this section.

That the use is so designed, located, and proposed to be operated that the public health, safety, welfare and convenience will be protected.

That the use will not cause substantial injury to the value of other property in the area in which it is to be located.

That the use will be compatible with adjoining development and the proposed character of the zone district in which it is to be located.

That the use conforms with all applicable regulations governing the district where it is to be located in accordance with this section.

No more than 25% of the total on-site seating may be provided outdoors.

Seating contained in the outdoor dining area shall not be counted in determining parking space requirements for an eating and drinking establishment hereunder.

The outdoor dining area must be directly accessible to and from the interior dining area. Areas that must be accessed via public sidewalks or property not controlled by the applicant or property owner are not considered directly accessible.

No such areas shall be permitted within the public right-of-way, except as permitted by § 106-100E of this Code.

No food shall be prepared in the outdoor dining area. Food and drink served in the outdoor dining area shall be the same, and shall be prepared the same, as that served in the indoor dining area.

Property owners must submit an outdoor dining application to the Zoning Officer, who, together with the Police, Fire, and Health Departments, shall review the application, determine compliance with all applicable Borough requirements, and either approve or deny the application within 20 days of submission. Property owners are not required to obtain separate site plan approval from the Planning Board.

The property owner shall submit a layout of the proposed dining area in the application, which shall include, but not be limited to, a depiction of the maximum size of the area, the maximum number of seats and tables, the general layout of seating areas, tables, and aisles, and all aisles and routes of ingress and egress, and any other detail(s) the Zoning Officer deems necessary to render a decision.

A minimum of one trash and recycling receptacle provided for every 20 seats shall be provided, with at least one to be located at both the exit area(s) into the public right-of-way and the interior dining area.

A six-foot closed fence and evergreen screening shall be provided at all property lines/yards adjacent to the outdoor dining area, except front yards, if the outdoor dining area is adjacent to a residential zone.

The maximum amount of seating is to be in accordance with the International Building Code.

All such establishments that serve food in disposable containers shall be subject to the following refuse preventative measures:

The outdoor dining area may not be open for business earlier or later than that of the principal establishment.

The property owner shall not direct or permit to be directed to or from the outdoor dining area any bell, siren, whistle, loudspeaker, or public address system, radio, or similar device.

Alcoholic beverages may be served in outdoor dining area(s) by establishments that have a valid alcoholic beverage control plenary retail consumption license, but only in licensed areas and in accordance with the license terms.

Permits for outdoor dining areas shall be valid for one year from the date of the issuance of the permit by the Zoning Officer. Permit owners shall obtain an annual permit each year they wish to operate the outdoor dining area by submitting an annual application to the Zoning Officer as outlined above.

The annual permit fee shall be as follows:

Application for such permit shall be made to and such permits shall be granted by the Borough Clerk. The application shall be accompanied by a schematic diagram, showing the location of all aspects of the cafe. All applications shall be reviewed by and approved by the Borough Health Officer prior to issuance of the permit by the Borough Clerk. Permits shall be granted only if the proposed sidewalk cafe conforms with the following, which must be maintained for the duration of the existence of the sidewalk cafe:

Operation of any sidewalk cafe shall be in accordance with this section and shall be subject to enforcement by the Health Officer and Police Department.

The Health Officer may establish rules and regulations pursuant to this section, which rules and regulations shall be filed with the Borough Clerk and shall be available for public inspection.

No automobile service station shall be located closer than 200 feet (measured along the street line on the same or opposite side of the street) to any public or private school, playground, institutional use (churches, hospitals, etc.), public library, fire station, or other public gathering place.

No service station shall be located closer than 1,000 feet to another service station.

Vehicular access to automobile service stations shall be limited to two one-way twenty-foot maximum width driveways with maximum twenty-six-foot curb cuts. Such stations located on corner lots may have three curb cuts of the maximum width stated above, with one driveway being limited to egress only and the others to ingress only. No driveway shall be located closer than 25 feet to the intersection of any two public rights-of-way. All egress driveways shall be limited to, and designed for, right-hand turns only.

Canopies, or weather protection structures constructed over the pump island service areas, are regulated as follows:

Canopies are not included in lot coverage calculations. They shall cover no larger an area than 12 feet by 25 feet for each automobile the facility can service under maximum capacity. Maximum capacity shall mean the greatest possible number of automobiles being serviced by a pump island at the same time, which shall be determined by dividing the length of the pump islands by 20 feet and multiplying by the number of sides from which the pump island can be serviced.

Minimum lot width: 160 feet.

Minimum lot depth: 100 feet.

Minimum lot area: 16,000 square feet.

There shall be a heavily landscaped buffer of a minimum 15 feet in width provided on the subject premises adjacent to any residential properties and zones.

Minimum front yard: 25 feet.

Minimum rear yard: 25 feet.

Minimum side yard: 25 feet, on both sides.

Minimum open space: 30%.

Maximum height. No structure shall exceed 2 1/2 stories or 35 feet in height, whichever is less, except that steeples on houses of worship may extend to 45 feet in height.

All owners of residences with accessory units shall obtain an annual accessory residential unit license from the Borough Zoning Officer. The terms of this license are to be defined by the governing body, but shall include requirements for annual building and fire safety inspections of the accessory unit. The Zoning Officer shall maintain a current record of all senior citizen accessory apartments.

The primary unit within the structure must be occupied by a senior citizen housekeeping unit. Within 60 days of the moving or death of the senior, the new property owner will be required to remove all physical elements that separated the two units and remove all vestiges of the separate housekeeping unit, including the kitchen facilities. An occupancy of the primary unit by another qualified senior will allow the continuation of the accessory unit.

Senior citizen accessory apartments may not be maintained in cellars or attics.

The senior citizen submitting an application to allow an accessory apartment shall submit proof of low-moderate income financial status to the Borough Treasurer. This proof shall consist of copies of the filed present and prior year's federal income tax form. Based upon this submittal, the Borough Treasurer shall determine if the senior citizen qualifies as a low or moderate income household as defined within these regulations. Qualifying as such shall satisfy the financial condition of these regulations. The documents that are submitted to the Borough Treasurer shall not be considered public information and shall be private documents reviewed only by the Borough Treasurer. The Borough Treasurer shall advise the approving authority of the qualifying status in writing.

Parking for the single-family residence must be as required by § 106-114 of this chapter. While no additional off-street parking is required for the accessory unit, no accessory unit shall be permitted where there is no off-street parking.

A maximum of 25% of the habitable area of the principal dwelling unit, or 800 square feet, whichever is less, is to be utilized for the accessory unit. The maximum number of occupants of the accessory unit is to be as regulated by the BOCA regulations relating square footage and health concerns to occupancy.

In order to maintain the character of the single-family dwelling unit of the principal structure, all entrances to the accessory dwelling unit are to be via side and rear yards unless one front yard entrance, with a common interior hall, is utilized for both units.

The use is limited solely to office use.

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.

No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes.

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.

Interior storage of materials shall only consist of office supplies.

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.

The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.

The use does not require any increased or enhanced electrical or water supply.

The quantity and type of solid waste disposal is the same as other residential uses in the zone district.

The capacity and quality of effluent is typical of normal residence use, and creates no potential or actual detriment to the sanitary sewer system or its components.

Delivery trucks shall be limited to U.S. Postal Service, United Parcel Service, Federal Express, and other similar delivery services providing regular service to residential uses in the zone district.

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.

No dwelling unit shall hereafter be constructed in any residential zone which shall be like or substantially like any neighboring dwelling as hereinafter defined, in more than two of the following six respects.

For Subsection A(1)(a), (b), (c) and (d) above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than six feet.

For Subsection A(1)(e) above, dwellings shall be deemed to be like each other in any dimension in which the difference between them is not more than three feet.

For Subsection A(1)(f) above, dwellings shall be deemed to be like each other if the difference between materials used is not more than 35% of the facade area.

Dwellings between which the only difference in relative location of elements is end to end or side to side reversal of elements shall be deemed to be like each other in relative location of such elements.

Any lot which is within 100 feet, or three lots, whichever is greater, and along the same side of the street as the subject lot, without regard to intervening street lines.

Any lot, which is across said street from the subject lot or from a lot referenced in the above subsection.

Outdoor storage of any kind or nature except that which is customarily used in conjunction with, and accessory to residential occupancy, is prohibited in all residential zones. No outdoor storage is permitted in required front yards. No storage for commercial uses is permitted in residential zones.

Tractor trailers, their cabs, and full length school buses are prohibited from being parked or stored in residential zones. Van-type buses and commercial vehicles are permitted to be parked, but not stored, in residential zones. No unregistered or inoperable vehicle (auto, boat, trailer, etc.) shall be stored in residential zones unless it is stored within a garage as defined in § 106-4. Only one such vehicle may be so located on a residential property.

All outdoor storage, except firewood storage, is to be screened by fencing and/or landscape material that will reach and be maintained at a height sufficient to screen all such storage from adjacent residences and public rights-of-way. No outdoor storage, other than vehicular, shall be higher than six feet.

(Reserved)

The amount of outdoor storage that can be located on a lot in the residential zone is to occupy no greater land area than 50 square feet.

All outdoor storage must be customary and incidental to the principal use of the property; no storage can be accessory to a use on another lot; outdoor storage cannot be the principal use on the property.

Outdoor storage shall only be permitted in the side and rear yards. All outdoor storage is to be screened by fencing and/or landscape material that will reach and be maintained at a height sufficient to screen such storage from the ground level of adjacent properties and public rights-of-way. No storage, other than vehicular as outlined below, is to be higher than six feet.

Tractor trailers, buses, automobiles, and other vehicles parked on a premises overnight shall be construed as outdoor storage, and not parking, and shall conform to the provisions of this section. Only such vehicles that are licensed, registered, and roadworthy, are not being utilized for storage, and are stored in an organized fashion in accordance with § 106-111C(1) above shall be considered permitted outdoor storage. No trailers, containers or the like shall be utilized for storage purposes in lieu of a structure.

Outdoor storage of hazardous, toxic or explosive materials is prohibited unless required to be located outside by applicable state and local fire and/or building regulations and are located in accordance with those regulations. The Garwood Fire and Police Departments are to be advised in writing of any such storage. All such storage is to be in accordance with local, state, and federal regulations and performance standards.

Temporary outdoor storage and sales of flowers, trees, and other decorative or ornamental plants is permitted for a period of 45 days prior to Christmas, two weeks prior to Easter, and one week prior to Mother's Day. Such storage and sales may take place in the front yard or setback area, provided that this shall not be construed to permit any storage or sales in a congested area, or within the public right-of-way, where the free flow of pedestrian or vehicular traffic may be impeded or impaired. The reasonable judgment of any Borough Police Officer or the Zoning Officer, or the Zoning Enforcement Officer or the Construction Official, shall be conclusive as to whether the area is congested or whether the flow of traffic is impeded or inconvenienced. Any use of any premises pursuant to this subsection which is not an accessory use to the principal permitted use of the premises is subject to the provisions of Chapter 71 of the Borough Code. All persons wanting to conduct such outdoor sales are required to obtain a permit from the Zoning Officer, pay the fee required in Article XII of this chapter, and post a $100 bond with the Borough Clerk in order to insure that an adequate and timely cleanup is conducted. All such stands, plants, and storage are to be removed within three days of the date of the event.

For any permitted or conditional use for which no specific parking requirement is set forth above, a minimum of one parking space per 200 feet of gross floor area or part thereof shall be provided. For all other uses not specifically set forth above, the parking requirement shall be determined by the Planning Board after public hearing.

Where the Residential Site Improvement Standards set forth in N.J.A.C. 5:21-1.1 et seq., promulgated pursuant to N.J.S.A. 40:55D-40.1 et seq., apply to any residential development, such parking standards shall govern.

A parking garage, not to exceed 10 feet by 22 feet, or 220 square feet, for a single-family dwelling parking requirement, or 20 feet by 22 feet, or 440 square feet, for a two-family dwelling parking requirement, shall be provided for all residential dwellings. A two-car garage may be constructed on a single-family dwelling lot, provided it does not exceed the above maximum garage size (440 square feet). Garages for more than two vehicles, or larger than the above-stated maximum total areas, shall not be permitted. A property owner must reconstruct a garage within six months if an existing one is removed. All garages shall be at grade level. All garages shall be at existing grade level

All residential lots shall provide a private garage space for at least one off-street parking space for each dwelling unit. Submittal of building permit applications for building, plumbing, electric or fire subcode work for nonconforming lots (those without garages) do not trigger the need for a property owner to construct a garage unless such construction would prohibit the future construction of a garage. Such garage parking space shall be constructed of a durable, all-weather, dust-free material such as asphalt, concrete or pavers. Stone driveways are not permitted. The garage counts as one parking space. The paved space in front of the garage counts as one space if it meets the minimum/maximum size requirements of a typical parking space, which is nine feet by 18 feet totally within the property dimensions. One additional parking space of nine feet by 18 feet dimensions can be constructed to the side of a one-car garage or house, provided that it is fully to the side of the dwelling/garage and not in front of the dwelling itself. This additional parking space is also to be constructed as per above, is not to be constructed in the front yard, and is to share the same driveway apron and curb cut as the garage. No parking is permitted in front of this space or in front of the extended front line of the principal structure. This additional space cannot be installed if it would exceed permitted lot coverage requirements. The driveway area between a garage and the public right-of-way shall be considered a parking space to satisfy zone requirements. No permanent off-street parking space shall be permitted in the required front yard of a residential use or district unless it is located totally within that area defined by the continuation of the side yard area through the front yard to the public right-of-way. This area may be constructed for a maximum of one parking space, provided a zoning permit is obtained and the following conditions are satisfied. No parking space, or portion thereof, may be located directly in front of a residence, unless:

Residential properties shall not have more than one driveway or curb cut. The maximum driveway and curb cut for a one-car garage or front yard parking space shall be nine feet and 13 feet, respectively; the maximum driveway width and curb cut for a two-car garage shall be 20 feet and 24 feet, respectively. Paving of front yard areas that are not permitted to be utilized by vehicles is prohibited.

Use and occupancy of any structure containing two or more dwelling units is subject to and conditioned upon an equitable distribution of off-street accessory parking spaces among those occupying the structure. Where a ratio of one parking space to each dwelling unit is equaled or exceeded, use and occupancy is further conditioned upon the tenants of each dwelling unit having included in their leasehold sufficient parking for at least one automobile. Parking spaces required for a residential unit shall not be leased to any party other than a resident of said structure, nor for any use other than parking.

All driveways/parking spaces are to be installed a minimum of one foot from the property line. Existing nonconforming driveways/parking spaces may have normal maintenance and repairs performed on them, provided the nonconformity is not increased.

Parking spaces, other than garages, shall not have roofs/overhangs covering all or portions of them.

Topsoil preservation. All topsoil, which is defined as the top six-inch layer of arable soil, from disturbed areas of properties shall be set aside on the premises separately from other subsoil. No such topsoil shall be removed from a site. Topsoil moved during the course of construction shall be redistributed on all re-graded surfaces so as to provide at least four inches of even cover to all disturbed areas of the site and shall be stabilized by seeding or planting in accordance with Soil Conservation Service Standards.

Soil mounds are to be maintained on the property so as to prevent erosion onto adjacent properties. No soil is to be located so as to block pedestrian access across the property within the public right-of-way. Proper safeguards are to be taken by the contractor at all times to insure such soil stabilization.

Removal of debris and subsoil. An appropriately sized refuse container shall be maintained at all times on the subject property for use by the site contractor. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No site-generated waste shall be buried on site except in accordance with N.J.A.C. 7:26-1.7 and the requirements of the construction official. Subsoil removal from the property will be accomplished in accordance with accepted Soil Conservation Service methods and the requirements of the Construction Official. All appropriate measures, including installation of stone tracking areas, and the washing down of trucks, are to be taken if necessary to reduce the potential for tracking mud into streets. Mud cannot be allowed to flow into streets. The contractor will take all necessary actions required by the Construction Official to reduce site soil runoff.

Maximum efforts are to be taken during construction to preserve existing plantings when deemed appropriate by the approving authority. No material or temporary soil deposits are to be placed within three feet of shrubs or 10 feet of tree trunks designated to be retained by the approving authority. Protective barriers are to be installed around plants at the above distances that are to remain on site. Plantings that are designated to be retained but die within one year of completed construction activity are to be removed by the contractor and replaced, either on site or in public areas, with plantings equal in caliper and type to what was removed, or if that is unreasonable, with twice the number of plants, but at the minimum size provided for in § 106-132 of this chapter at locations approved by the approving authority.

The contractor is to advise the Construction Official in writing of the soil conservation measures proposed to be taken on site during construction. No building permit for activities related to new construction is to be issued without this submission being made and accepted.

Nothing in the above provisions shall be construed to supersede, or remove the need to obtain, Somerset-Union Soil Conservation Service approval where required. Nothing in the above shall be construed to affect or apply to any person engaged in a state-mandated cleanup plan, provided that all operations are performed in accordance with the approved plan, and provided that notice of the cleanup plan is filed with the Construction Official at least 48 hours prior to the commencement of any activity, and such activity is subject to inspection by the Zoning Officer.

All off-street parking areas, except those for single or two-family dwelling units, shall be effectively screened from public or private rights-of-way by a decorative fence or wall, landscape berm or a densely planted evergreen/deciduous mix of plantings sufficient to reduce headlight glare and screen such activity from view.

All off-street loading areas shall be located or effectively screened with fencing and evergreen plant material capable of maturing to a height sufficient to screen such areas, and vehicles within the areas, from adjacent properties and public rights-of-way.

All outdoor storage or work areas shall be completely enclosed by a solid and continuous decorative fence, wall or evergreen plant material sufficient to screen such activity from adjacent properties and public rights-of-way.

All utility improvements, such as transformer compounds, external heating and cooling equipment, refuse areas, etc., shall be sufficiently screened from site users, adjacent properties and public rights-of-way.

One shade tree shall be located around and within a parking lot for every five spaces or 1,500 square feet of paved surface, whichever is greater, and shall be distributed evenly throughout the parking area. Linear groups of parking spaces exceeding 15 contiguous spaces shall be interrupted by curbed, landscaped islands at least 10 feet in width.

Where parking lots are adjacent to one another on separate lots and serving separate uses, a five-foot landscape strip is to be provided by each property owner for creation of a ten-foot-wide shade tree planting strip. Complimentary planting designs, where each property owner shares in the cost of the trees and the trees are planted on the shared property line are to be encouraged.

Restrict the location of towers to certain nonresidential areas;

Minimize the total number of towers throughout the Borough;

Encourage strongly the joint use of new and existing tower sites;

Encourage users of towers and antennas to locate them, to the extent possible, in areas where the adverse impact on the community is minimal;

Encourage users of towers and antennas to configure them in a way that minimizes the adverse visual impact of the towers and antennas;

Enhance the ability of the providers of telecommunications services to provide such services to the community quickly, effectively and efficiently;

Consider the public health and safety of communications towers;

Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of tower structures;

Encourage the use of existing structures for antennas;

Encourage designs that blend into the background setting of their locations.

New towers or antennas. All new towers or antennas in the Borough of Garwood shall be subject to these regulations, except as provided in Subsection D(6) and (7).

Amateur radio; receive-only antennas. This section shall not govern any tower, or the installation of any antenna, that is under seven feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive-only antennas.

Preexisting towers and antennas. Any tower or antenna for which a permit has been properly issued prior to the effective date of this section shall not be required to meet the requirements of this section, other than the requirements of Subsection D(6) and (7). Any such towers or antennas shall be referred to in this section as "preexisting towers or preexisting antennas." This exception shall not apply to any expansion or intensification of said preexisting tower or antenna.

Government agencies. Communication towers or antennas owned, operated or used by the federal, state, county or municipal governments shall be exempt from the requirements of this section.

Principal or accessory use. Antennas and towers shall be considered principal uses unless subservient and clearly related to an existing principal use or structure, except as may be provided under Subsection H(1), below.

Lot size. For purposes of determining whether the installation of a tower or antenna complies with local zoning regulations, including but not limited to setback requirements, lot-coverage requirements, and other such requirements, the dimensions of the entire lot shall control, even though the antennas or towers may be licensed parcels within such lots.

Inventory of existing sites. Each applicant for an antenna and/or tower shall provide an inventory of its existing towers that are either within the jurisdiction of the Borough or within one-quarter mile of the border thereof, including specific information about the location, height, and design of each tower. The Borough departments may share such information with other applicants or organizations seeking to locate antennas within the jurisdiction of the Borough; provided, however, that the Borough departments are not, by sharing such information, in any way representing or warranting that such sites are available or suitable or that the information is complete and accurate.

Aesthetics. The guidelines set forth in this Subsection D(4) shall regulate the location of all towers and the installation of all antennas governed by this section, provided, however, that the appropriate Borough body may waive these requirements if it determines that the goals of this section are better served thereby.

Lighting. Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the Planning Board may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.

State or federal requirements. All towers must meet or exceed current standards and regulations of the FAA, the FCC, and any other agency of the state or federal government with the authority to regulate towers and antennas. If such standards and regulations are changed, then the owners of the towers and antennas governed by this section shall bring such towers and antennas into compliance with such revised standards and regulations within six months of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling governmental or quasi-governmental agency. Failure to bring towers and antennas into compliance with such revised standards and regulations shall require the removal of the tower or antenna at the owner's expense.

Building codes; safety standards. To ensure the structural integrity of towers, the owner of a tower shall ensure that it is maintained in compliance with standards contained in applicable state or local building codes and the applicable national, state and local standards for towers as amended from time to time. If, upon inspection, the appropriate Borough official concludes that a tower fails to comply with such codes and standards and constitutes a danger to persons or property, then, upon notice being provided to the owner of the tower, the owner shall have 30 days to bring such tower into compliance with such standards. If the owners fail to bring such tower into compliance within said 30 days, the tower shall be removed at the owner's expense.

Measurement. For purposes of measurement, tower setbacks and separation distances shall be calculated and applied to facilities located in the Borough of Garwood irrespective of municipal and county jurisdictional boundaries.

Not essential services. Towers and antennas shall be regulated and permitted pursuant to this section and shall not be regulated or permitted as essential services, public utilities, or private utilities.

Franchises. Owners and/or operators of towers or antennas shall certify that all franchises required by law for the construction and/or operation of a wireless communications system in the Borough have been obtained and shall file a copy of all required franchises with the Clerk of the Borough of Garwood, who shall distribute copies of same to the Borough Construction Official and the Borough Zoning Officer.

Signs. No signs or other nonessential accoutrements shall be allowed on any antenna or tower with the exception of warning signs or other signs required by federal, state or local law.

Buildings and support equipment. Buildings and support equipment associated with antennas or towers shall comply with the requirements of Subsection L. Buildings and support equipment clearly related to the use of antenna shall be considered accessory structures.

Antennas on existing structures. Any antenna to be installed on an existing structure shall be a permitted accessory use, subject to site plan approval, on any permitted use in the zone. The antennas shall:

Antennas on existing towers. An antenna to be attached to an existing tower shall be subject to site plan approval.

General. No person shall construct or erect, or cause to be constructed or erected, a tower or antenna unless site plan approval is obtained from the Planning Board. The following provisions shall also apply:

Information required for site plan approval for towers. In addition to any information required for applications for site plan approval pursuant to § 106-71 et seq. of this chapter, applicants for site plan approval for a tower should submit the following information:

Maximum tower height: The maximum height of any tower shall not exceed 70 feet. For purposes of measurement, the maximum tower height shall include any structures supported by the tower and any antenna.

Setbacks. The following setback requirements shall apply to all towers for which site plan approval is required:

Separation. The following separation requirements shall apply to all towers and antennas for which site plan approval is required. Separation from off-site uses/designated areas:

Availability of suitable existing towers or other structures, or alternative technology. No new tower shall be permitted unless the applicant demonstrates to the reasonable satisfaction of the Planning Board, and said Board makes specific and separate written findings thereon, that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna. An applicant shall submit information requested by the Planning Board related to the availability of suitable existing towers, other structures or alternative technology. Evidence submitted to demonstrate that no existing tower, structure or alternative technology can accommodate the applicant's proposed antenna may consist of any of the following:

Security fencing. Towers shall be enclosed by security fencing not less than six feet in height and shall also be equipped with an appropriate anticlimbing device; provided, however, that the appropriate approving authority may waive such requirements.

Landscaping. The following requirements shall govern the landscaping surrounding towers for which site plan approval is required; provided, however, that the appropriate approving authority may waive such requirements if the goals of this section would be better served thereby.

The equipment cabinet or structure used in association with antennas shall comply with the following:

Modification of building size requirements. The requirements of this section may be modified by the appropriate approving authority to encourage collocation.

Restoration. Any nonconforming structure or use damaged to less than 50% of its previous existing area or value may be restored, reconstructed or used as before, provided the area of such use or structure shall not exceed the area which existed prior to such damage nor increase the intensity of use. All repairs shall be completed within one year after damages occur, or within such time extensions granted by the Zoning Officer, which can only be granted upon good cause being shown by the applicant, or such use shall not be rebuilt except as a conforming use.

Repairs. Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use or structure and does not increase the intensity of use.

Alterations. A building containing residential nonconforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of bedrooms or dwelling units.

Nothing in this section shall prevent the strengthening or restoring to a safe or lawful condition any part of any structure declared unsafe by the Construction Official.

Abandonment. A nonconforming use or structure abandoned in accordance with § 106-4 of this chapter and accompanied by an intent on the part of the owner to abandon such use as evidenced by some act or failure to act which carries with it a sufficient implication that the owner neither claims or retains any interest in the subject matter of the abandonment shall be considered a termination thereof.

Change of use. The change of a nonconforming use or structure to a more restricted or conforming use for any period of time shall be considered an abandonment thereof.

Partial destruction. A nonconforming structure or use which has 50% or more of its nonconforming area or value destroyed by fire or other casualty or Act of God shall be considered an abandonment thereof.

Any nonconforming structure lawfully under construction on the effective date of adoption of this section may be completed and may be used for the nonconformance for which it was designed and approved, provided that it shall be completed within one year after the effective date thereof.

Notwithstanding any other provisions of this chapter, any principal nonconforming residential structure located in a residential zone and lawfully in existence on the effective date of this section may be rebuilt in the event of fire or other casualty or Act of God without obtaining a variance, provided the dimensions and area of the structure are substantially identical to the dimensions of the damaged or destroyed structure and the extent of nonconformity is not expanded or enlarged.

Notwithstanding any other provisions of this chapter, any existing nonconforming lot in the RA, RA1 or RB Zone which is in single ownership, is not adjoining any vacant land and is nonconforming due to shape, width or area may be improved with a new structure as otherwise permitted by this chapter, provided that the applicable front, rear and side yard requirements applicable to the zone shall be maintained, and that the maximum habitable floor area and applicable floor area ratio be maintained.

Where a lot exists in single ownership and is improved with a building which is nonconforming due to location, said building may be expanded, provided that existing nonconforming yards or setbacks are only extended and not further encroached upon, and further provided that where yards or setbacks are required, no such yard or setback shall be less than five feet.

No dwelling, or segment thereof, may be rented or leased for a term of less than 28 consecutive days.

The lease or rental, for any purpose, of any amenity, feature, accessory, or appurtenance to or associated with a dwelling, including, but not limited to pools, is prohibited.

The lease or rental of any dwelling for commercial or corporate purposes is prohibited.

A dwelling, or segment thereof, may be rented or leased for a term of less than 28 consecutive days, as long as there is no consideration received for occupancy. Consideration shall include any service or other charge or amount required to be paid as a condition for occupancy, valued in money, whether received in money or otherwise and whether received by the short-term rental host, or hosting platform, or other person acting on behalf of the short-term rental host.

Nothing herein shall be deemed to prevent the otherwise lawful occupancy of a dwelling unit or a residential property for a rental period of 28 or more consecutive days.

Nothing herein shall be deemed to prevent a use and occupancy agreement between buyer and seller of a dwelling.