Kinnelon City Zoning Code

ARTICLE X

Schedules of Controls

§ 207-27 Schedule I: Residential Zone.

Type of Control		Requirements
Principal permitted uses		Single-family dwellings, Borough-owned parks and playgrounds, public schools, publicly owned buildings, public libraries, poultry and livestock farming, truck gardening or nurseries, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, retail bakeries, barbershops and beauty parlors, funeral homes, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retail stores and theaters and motion-picture houses, billboards pursuant to § 207-17M. [Amended 7-17-1997 by Ord. No. 11-97; 4-16-1998 by Ord. No. 6-98; 4-20-2023 by Ord. No. 04-23]
Accessory structures and uses [Amended 6-18-1998 by Ord. No. 9-98; 2-17-2022 by Ord. No. 02-22]		Accessory structures and uses customarily incidental to the above uses (the term "accessory use," however, not including a business) shall be regulated under Article XXII "Accessory Structures and Uses," §§ 207-142 to 207-149, of this chapter.
	Exception: Lots less than 60,000 square feet in area	Garages for no more than 3 cars which, if detached, may be no more than 1 1/2 stories high
Conditional uses		An office for the following licensed, registered professionals: physician, dentist, architect, lawyer or engineer, when said structure is of a design compatible with residential surroundings
		Churches and cemeteries
		Hospitals, medical centers and nursing homes
		Central telephone exchange buildings
		Private schools and day nurseries [Added 4-19-1979 by Ord. No. 3-79; amended 7-17-1997 by Ord. No. 11-97]
Building height		2 1/2 stories or 35 feet
Living floor space, minimum:
	1 story	1,400 square feet
	2 stories	1,850 square feet
	Living floor space, maximum square footage [Added 5-19-2005 by Ord. No. 5-05]	2,000 square feet plus 4.6% of total lot area
Lot area, minimum		60,000 square feet
	Exception: back lot	3-acre minimum with 50-foot access strip to road
	Maximum impervious coverage [Added 5-19-2005 by Ord. No. 5-05]	27%
Lot frontage		200 feet
	Exception: back lot	50 feet
Yards:
	Front	50 feet
	Side	25 feet
	Exception: side yard requirement for that area known and designated as "Smoke Rise" [Added 9-19-1985 by Ord. No. 9-85]	50 feet
	Rear	50 feet
Yards (back lot):
	Front	75 feet
	Side	75 feet
	Rear[1]	75 feet
Off-street parking		See §§ 207-10 and 207-11
Design flexibility		These provisions are intended to establish a procedure for the development of residential land which will enable and encourage flexibility of design. Design flexibility is intended to promote the most appropriate use of the land, to facilitate the adequate and economical provision and maintenance of streets and utilities, to provide land needed for public facilities and to preserve the irreplaceable natural and scenic qualities of open land and watercourses by conveying to the Borough of Kinnelon from within the tract to be subdivided a suitable parcel of land to be realized from the reduced area required for dwelling purposes. Provisions of this flexibility concept may only be allowed at the discretion of a majority of the members of the Planning Board when the above objectives can be realized and the following requirements are met. In such event, the minimum lot size of 60,000 square feet may be reduced by any amount not to exceed the minimum level set forth in the design flexibility application requirements.
Design flexibility application requirements:
	Subdivision area	No major subdivision shall be eligible for design flexibility application unless the land to be subdivided encompasses an area of 10 acres or more.
	Maximum density	The maximum density for the entire subdivision exclusive of streets shall be no greater than 1 dwelling unit per 60,000 square feet.
	Maximum open space	The maximum required open space reservation for the entire subdivision shall not exceed 5,000 square feet per dwelling unit.
	Minimum lot area	The minimum area per individual lot shall not be less than 55,000 square feet.
	Minimum lot frontage	The minimum lot frontage per individual lot shall not be less than 183 feet.
	Other	All other requirements of the Zoning Ordinance must be complied with.

[1]

Editor's Note: The entry for “lot coverage,” which immediately followed, was repealed 5-19-2005 by Ord. No. 5-05.

§ 207-28 Schedule II: Restricted Recreation Zone.

Type of Control		Requirements
Principal permitted uses		Recreational activities of a nature that is in the best interests of the community, including swimming, fishing, boating, picnicking and sports
Accessory uses
Building height		2 1/2 stories or 35 feet
Living floor space, minimum:
	One-story residence	1,400 square feet
	Two-story residence	1,850 square feet
Lot area, minimum		200 acres unless otherwise excepted by the Board of Adjustment
Lot frontage
Yards
Lot coverage
Off-street parking		Adequate off-street parking and loading facilities shall be provided for participants and spectators as provided in §§ 207-10 and 207-11.

§ 207-29 (Reserved) [1]

[1]

Editor's Note: Former § 207-29, Schedule III: Industrial Zone, was repealed 4-20-2023 by Ord. No. 04-23.

§ 207-30 Schedule IV: Commercial Zone.

Type of Control		Requirements
Principal permitted uses		Retail bakeries, barbershops and beauty parlors, funeral homes, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retail stores and theaters and motion-picture houses
Conditional uses		Taxi stands, public garages and gasoline stations
Accessory uses		Accessory buildings and uses customarily incident to the above uses when located upon the same lot with the building or use to which it is accessory, and garages and parking areas, provided that such garages and parking areas may not be used for the storage of vehicles except by permission of the Board of Adjustment. Such permits shall be good for 6 months.
Building height		2 stories or 35 feet
Building area, minimum
Lot area, minimum		1/2 acre (for a single business use)
Lot frontage		125 feet, minimum, for a single commercial establishment
Yards:
	Front	The greater of 50 feet, minimum, or 20 percent of lot depth
	Side	The greater of 50 feet, minimum, or 20% of lot width
	Rear	50 feet where it abuts residential property. Where it abuts other than residential property, 25 feet or 10% of the depth, whichever is greater.
Lot coverage
Off-street parking		Adequate off-street parking and loading facilities shall be provided for employees and patrons as provided in §§ 207-10 and 207-11.

§ 207-31 Schedule V: Restricted Commercial Zone.

Type of Control		Requirements
Principal permitted uses		Retail bakeries, barbershops and beauty parlors, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retain stores and theaters and motion-picture houses
Conditional uses		Taxi stands
Accessory uses
Building height		2 stories or 35 feet
Building area, minimum
Lot area, minimum
Lot frontage
Yards:
	Front	The greater of 50 feet, minimum, or 20% of lot depth
	Side	The greater of 50 feet, minimum, or 20% of lot width
	Rear	50 feet where it abuts residential property. Where it abuts other than residential property, 25 feet or 10% of the depth, whichever is greater.
Lot coverage		20% maximum
Off-street parking		Adequate off-street parking and loading facilities shall be provided for employees and patrons as provided in §§ 207-10 and 207-11.[1]

[1]

Editor's Note: Ordinance No. 16-87, adopted 11-19-1987, provided for the repeal of original §§ 90-32, 90-33 and 90-34, as added 3-19-1987 by Ord. No. 2-87, which previously followed this section.

Kinnelon City Zoning Code

ARTICLE X

Schedules of Controls

§ 207-27 Schedule I: Residential Zone.

Type of Control		Requirements
Principal permitted uses		Single-family dwellings, Borough-owned parks and playgrounds, public schools, publicly owned buildings, public libraries, poultry and livestock farming, truck gardening or nurseries, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, retail bakeries, barbershops and beauty parlors, funeral homes, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retail stores and theaters and motion-picture houses, billboards pursuant to § 207-17M. [Amended 7-17-1997 by Ord. No. 11-97; 4-16-1998 by Ord. No. 6-98; 4-20-2023 by Ord. No. 04-23]
Accessory structures and uses [Amended 6-18-1998 by Ord. No. 9-98; 2-17-2022 by Ord. No. 02-22]		Accessory structures and uses customarily incidental to the above uses (the term "accessory use," however, not including a business) shall be regulated under Article XXII "Accessory Structures and Uses," §§ 207-142 to 207-149, of this chapter.
	Exception: Lots less than 60,000 square feet in area	Garages for no more than 3 cars which, if detached, may be no more than 1 1/2 stories high
Conditional uses		An office for the following licensed, registered professionals: physician, dentist, architect, lawyer or engineer, when said structure is of a design compatible with residential surroundings
		Churches and cemeteries
		Hospitals, medical centers and nursing homes
		Central telephone exchange buildings
		Private schools and day nurseries [Added 4-19-1979 by Ord. No. 3-79; amended 7-17-1997 by Ord. No. 11-97]
Building height		2 1/2 stories or 35 feet
Living floor space, minimum:
	1 story	1,400 square feet
	2 stories	1,850 square feet
	Living floor space, maximum square footage [Added 5-19-2005 by Ord. No. 5-05]	2,000 square feet plus 4.6% of total lot area
Lot area, minimum		60,000 square feet
	Exception: back lot	3-acre minimum with 50-foot access strip to road
	Maximum impervious coverage [Added 5-19-2005 by Ord. No. 5-05]	27%
Lot frontage		200 feet
	Exception: back lot	50 feet
Yards:
	Front	50 feet
	Side	25 feet
	Exception: side yard requirement for that area known and designated as "Smoke Rise" [Added 9-19-1985 by Ord. No. 9-85]	50 feet
	Rear	50 feet
Yards (back lot):
	Front	75 feet
	Side	75 feet
	Rear[1]	75 feet
Off-street parking		See §§ 207-10 and 207-11
Design flexibility		These provisions are intended to establish a procedure for the development of residential land which will enable and encourage flexibility of design. Design flexibility is intended to promote the most appropriate use of the land, to facilitate the adequate and economical provision and maintenance of streets and utilities, to provide land needed for public facilities and to preserve the irreplaceable natural and scenic qualities of open land and watercourses by conveying to the Borough of Kinnelon from within the tract to be subdivided a suitable parcel of land to be realized from the reduced area required for dwelling purposes. Provisions of this flexibility concept may only be allowed at the discretion of a majority of the members of the Planning Board when the above objectives can be realized and the following requirements are met. In such event, the minimum lot size of 60,000 square feet may be reduced by any amount not to exceed the minimum level set forth in the design flexibility application requirements.
Design flexibility application requirements:
	Subdivision area	No major subdivision shall be eligible for design flexibility application unless the land to be subdivided encompasses an area of 10 acres or more.
	Maximum density	The maximum density for the entire subdivision exclusive of streets shall be no greater than 1 dwelling unit per 60,000 square feet.
	Maximum open space	The maximum required open space reservation for the entire subdivision shall not exceed 5,000 square feet per dwelling unit.
	Minimum lot area	The minimum area per individual lot shall not be less than 55,000 square feet.
	Minimum lot frontage	The minimum lot frontage per individual lot shall not be less than 183 feet.
	Other	All other requirements of the Zoning Ordinance must be complied with.

[1]

Editor's Note: The entry for “lot coverage,” which immediately followed, was repealed 5-19-2005 by Ord. No. 5-05.

§ 207-28 Schedule II: Restricted Recreation Zone.

Type of Control		Requirements
Principal permitted uses		Recreational activities of a nature that is in the best interests of the community, including swimming, fishing, boating, picnicking and sports
Accessory uses
Building height		2 1/2 stories or 35 feet
Living floor space, minimum:
	One-story residence	1,400 square feet
	Two-story residence	1,850 square feet
Lot area, minimum		200 acres unless otherwise excepted by the Board of Adjustment
Lot frontage
Yards
Lot coverage
Off-street parking		Adequate off-street parking and loading facilities shall be provided for participants and spectators as provided in §§ 207-10 and 207-11.

§ 207-29 (Reserved) [1]

[1]

Editor's Note: Former § 207-29, Schedule III: Industrial Zone, was repealed 4-20-2023 by Ord. No. 04-23.

§ 207-30 Schedule IV: Commercial Zone.

Type of Control		Requirements
Principal permitted uses		Retail bakeries, barbershops and beauty parlors, funeral homes, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retail stores and theaters and motion-picture houses
Conditional uses		Taxi stands, public garages and gasoline stations
Accessory uses		Accessory buildings and uses customarily incident to the above uses when located upon the same lot with the building or use to which it is accessory, and garages and parking areas, provided that such garages and parking areas may not be used for the storage of vehicles except by permission of the Board of Adjustment. Such permits shall be good for 6 months.
Building height		2 stories or 35 feet
Building area, minimum
Lot area, minimum		1/2 acre (for a single business use)
Lot frontage		125 feet, minimum, for a single commercial establishment
Yards:
	Front	The greater of 50 feet, minimum, or 20 percent of lot depth
	Side	The greater of 50 feet, minimum, or 20% of lot width
	Rear	50 feet where it abuts residential property. Where it abuts other than residential property, 25 feet or 10% of the depth, whichever is greater.
Lot coverage
Off-street parking		Adequate off-street parking and loading facilities shall be provided for employees and patrons as provided in §§ 207-10 and 207-11.

§ 207-31 Schedule V: Restricted Commercial Zone.

Type of Control		Requirements
Principal permitted uses		Retail bakeries, barbershops and beauty parlors, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retain stores and theaters and motion-picture houses
Conditional uses		Taxi stands
Accessory uses
Building height		2 stories or 35 feet
Building area, minimum
Lot area, minimum
Lot frontage
Yards:
	Front	The greater of 50 feet, minimum, or 20% of lot depth
	Side	The greater of 50 feet, minimum, or 20% of lot width
	Rear	50 feet where it abuts residential property. Where it abuts other than residential property, 25 feet or 10% of the depth, whichever is greater.
Lot coverage		20% maximum
Off-street parking		Adequate off-street parking and loading facilities shall be provided for employees and patrons as provided in §§ 207-10 and 207-11.[1]

[1]

Editor's Note: Ordinance No. 16-87, adopted 11-19-1987, provided for the repeal of original §§ 90-32, 90-33 and 90-34, as added 3-19-1987 by Ord. No. 2-87, which previously followed this section.

Kinnelon City Zoning Code

ARTICLE X

Schedules of Controls

§ 207-27 Schedule I: Residential Zone.

Type of Control		Requirements
Principal permitted uses		Single-family dwellings, Borough-owned parks and playgrounds, public schools, publicly owned buildings, public libraries, poultry and livestock farming, truck gardening or nurseries, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, retail bakeries, barbershops and beauty parlors, funeral homes, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retail stores and theaters and motion-picture houses, billboards pursuant to § 207-17M. [Amended 7-17-1997 by Ord. No. 11-97; 4-16-1998 by Ord. No. 6-98; 4-20-2023 by Ord. No. 04-23]
Accessory structures and uses [Amended 6-18-1998 by Ord. No. 9-98; 2-17-2022 by Ord. No. 02-22]		Accessory structures and uses customarily incidental to the above uses (the term "accessory use," however, not including a business) shall be regulated under Article XXII "Accessory Structures and Uses," §§ 207-142 to 207-149, of this chapter.
	Exception: Lots less than 60,000 square feet in area	Garages for no more than 3 cars which, if detached, may be no more than 1 1/2 stories high
Conditional uses		An office for the following licensed, registered professionals: physician, dentist, architect, lawyer or engineer, when said structure is of a design compatible with residential surroundings
		Churches and cemeteries
		Hospitals, medical centers and nursing homes
		Central telephone exchange buildings
		Private schools and day nurseries [Added 4-19-1979 by Ord. No. 3-79; amended 7-17-1997 by Ord. No. 11-97]
Building height		2 1/2 stories or 35 feet
Living floor space, minimum:
	1 story	1,400 square feet
	2 stories	1,850 square feet
	Living floor space, maximum square footage [Added 5-19-2005 by Ord. No. 5-05]	2,000 square feet plus 4.6% of total lot area
Lot area, minimum		60,000 square feet
	Exception: back lot	3-acre minimum with 50-foot access strip to road
	Maximum impervious coverage [Added 5-19-2005 by Ord. No. 5-05]	27%
Lot frontage		200 feet
	Exception: back lot	50 feet
Yards:
	Front	50 feet
	Side	25 feet
	Exception: side yard requirement for that area known and designated as "Smoke Rise" [Added 9-19-1985 by Ord. No. 9-85]	50 feet
	Rear	50 feet
Yards (back lot):
	Front	75 feet
	Side	75 feet
	Rear[1]	75 feet
Off-street parking		See §§ 207-10 and 207-11
Design flexibility		These provisions are intended to establish a procedure for the development of residential land which will enable and encourage flexibility of design. Design flexibility is intended to promote the most appropriate use of the land, to facilitate the adequate and economical provision and maintenance of streets and utilities, to provide land needed for public facilities and to preserve the irreplaceable natural and scenic qualities of open land and watercourses by conveying to the Borough of Kinnelon from within the tract to be subdivided a suitable parcel of land to be realized from the reduced area required for dwelling purposes. Provisions of this flexibility concept may only be allowed at the discretion of a majority of the members of the Planning Board when the above objectives can be realized and the following requirements are met. In such event, the minimum lot size of 60,000 square feet may be reduced by any amount not to exceed the minimum level set forth in the design flexibility application requirements.
Design flexibility application requirements:
	Subdivision area	No major subdivision shall be eligible for design flexibility application unless the land to be subdivided encompasses an area of 10 acres or more.
	Maximum density	The maximum density for the entire subdivision exclusive of streets shall be no greater than 1 dwelling unit per 60,000 square feet.
	Maximum open space	The maximum required open space reservation for the entire subdivision shall not exceed 5,000 square feet per dwelling unit.
	Minimum lot area	The minimum area per individual lot shall not be less than 55,000 square feet.
	Minimum lot frontage	The minimum lot frontage per individual lot shall not be less than 183 feet.
	Other	All other requirements of the Zoning Ordinance must be complied with.

[1]

Editor's Note: The entry for “lot coverage,” which immediately followed, was repealed 5-19-2005 by Ord. No. 5-05.

§ 207-28 Schedule II: Restricted Recreation Zone.

Type of Control		Requirements
Principal permitted uses		Recreational activities of a nature that is in the best interests of the community, including swimming, fishing, boating, picnicking and sports
Accessory uses
Building height		2 1/2 stories or 35 feet
Living floor space, minimum:
	One-story residence	1,400 square feet
	Two-story residence	1,850 square feet
Lot area, minimum		200 acres unless otherwise excepted by the Board of Adjustment
Lot frontage
Yards
Lot coverage
Off-street parking		Adequate off-street parking and loading facilities shall be provided for participants and spectators as provided in §§ 207-10 and 207-11.

§ 207-29 (Reserved) [1]

[1]

Editor's Note: Former § 207-29, Schedule III: Industrial Zone, was repealed 4-20-2023 by Ord. No. 04-23.

§ 207-30 Schedule IV: Commercial Zone.

Type of Control		Requirements
Principal permitted uses		Retail bakeries, barbershops and beauty parlors, funeral homes, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retail stores and theaters and motion-picture houses
Conditional uses		Taxi stands, public garages and gasoline stations
Accessory uses		Accessory buildings and uses customarily incident to the above uses when located upon the same lot with the building or use to which it is accessory, and garages and parking areas, provided that such garages and parking areas may not be used for the storage of vehicles except by permission of the Board of Adjustment. Such permits shall be good for 6 months.
Building height		2 stories or 35 feet
Building area, minimum
Lot area, minimum		1/2 acre (for a single business use)
Lot frontage		125 feet, minimum, for a single commercial establishment
Yards:
	Front	The greater of 50 feet, minimum, or 20 percent of lot depth
	Side	The greater of 50 feet, minimum, or 20% of lot width
	Rear	50 feet where it abuts residential property. Where it abuts other than residential property, 25 feet or 10% of the depth, whichever is greater.
Lot coverage
Off-street parking		Adequate off-street parking and loading facilities shall be provided for employees and patrons as provided in §§ 207-10 and 207-11.

§ 207-31 Schedule V: Restricted Commercial Zone.

Type of Control		Requirements
Principal permitted uses		Retail bakeries, barbershops and beauty parlors, hand laundries, launderettes, offices, banks, restaurants, salesrooms or showrooms, retail dyeing and cleaning establishments, retain stores and theaters and motion-picture houses
Conditional uses		Taxi stands
Accessory uses
Building height		2 stories or 35 feet
Building area, minimum
Lot area, minimum
Lot frontage
Yards:
	Front	The greater of 50 feet, minimum, or 20% of lot depth
	Side	The greater of 50 feet, minimum, or 20% of lot width
	Rear	50 feet where it abuts residential property. Where it abuts other than residential property, 25 feet or 10% of the depth, whichever is greater.
Lot coverage		20% maximum
Off-street parking		Adequate off-street parking and loading facilities shall be provided for employees and patrons as provided in §§ 207-10 and 207-11.[1]

[1]

Editor's Note: Ordinance No. 16-87, adopted 11-19-1987, provided for the repeal of original §§ 90-32, 90-33 and 90-34, as added 3-19-1987 by Ord. No. 2-87, which previously followed this section.