Laurel Springs City Zoning Code
ARTICLE IV
R-1 Residential Zone
§ 270-21 Permitted uses.
A.
All uses not expressly permitted shall be deemed prohibited in the R-1 Zone (unless permitted as a conditional use subject to conditions and standards provided herein).
B.
In the R-1 Residential Zone, no building or premises shall be used, and no building shall be erected or altered which is arranged, intended, or designed to be used except for one of the following uses:
(1)
A single detached one-family house, in connection with which there may be a detached garage if consistent with § 270-22 if on the same lot as the principal building. There shall not be more than one single detached one-family dwelling on a single lot.
(2)
Accessory uses incidental or subordinate to a single detached one-family dwelling.
(3)
Public parks, playgrounds and gardens and private parks, gardens, and greenhouses not larger than 240 square feet (more than 30 feet from front line); outdoor storage buildings not exceeding 120 square feet, professional offices when in the same building as the residence as specifically provided herein.
(4)
Public recreational and community buildings and grounds.
(5)
All facilities owned or operated or hereafter owned or operated by the Borough or by any authority or agency related to it.
§ 270-22 Accessory uses.
The following accessory uses shall be permitted in this zone:
A.
Private residential swimming pools (See Chapter 237 and § 270-53).
B.
Fences and walls (See § 270-55).
C.
Signs (See § 270-59).
D.
A detached garage of not more than a two-car capacity, used solely by the persons living in the dwelling house, and a building for housing garden tools, provided such garage or building is on the same lot as the dwelling house or on a lot contiguous thereto. No such accessory building shall be constructed upon a lot until the construction of the dwelling house has been commenced, nor shall an accessory building be used unless the dwelling house has been completed and put into use. No such accessory building shall exceed 450 square feet, with a maximum height of not more than 24 feet to the peak of the roof measured from the average grade line perimetering the building to the top of the main roof cornice line. The heights of any accessory building shall not be greater than 75% of the height of the principal structure.
E.
Setbacks. Accessory structures customarily associated with residential uses, such as wading pools, sandboxes, trellises, dog houses, kennel enclosures, patios, grape arbors, and barbecue facilities, shall be set back from the property line at least five feet and shall not be located in the front or side yards; provided, however, that patios may be located in any side yard.
§ 270-23 Conditional uses.
A.
Any use listed as a conditional use may be permitted by the Board, but only after it has determined that the development proposal complies with the conditions and standards set forth in this chapter for the location and operation of such use.
B.
All proposed structures, equipment or material shall be readily accessible for fire and police protection.
C.
The proposed use shall be so located and of such size and character that, in general, it shall be in harmony with the existing development in the general area in which it is proposed to be situated and shall not materially affect property values of the adjacent land and buildings.
D.
The following conditional uses shall be permitted in this zone, subject to application and approval by the Zoning Enforcement Officer or Board (as applicable) and compliance with the standards set forth herein:
(1)
Schools. Public day schools of elementary and/or high school grade licensed by the State of New Jersey.
(2)
Home occupations. Definition: "Home occupation" or "home-based business" means any activity performed for pecuniary gain in or directed from a residence by one or more residents of that dwelling unit which is located in a residential zone and is compatible with the residential zone and residential uses.
(a)
Permitted home occupations. Home occupations shall be a permitted use in the Residential Zone on application and approval of a Zoning Permit certifying compliance with the criteria stated below. This approval shall not alleviate individuals or business establishments from obtaining any license or other permits required by municipal, county, state, or federal regulations:
[1]
The residential character of the lot and building shall not be changed, and the business use shall be subordinate to the use of the building for residential purposes. No external modifications are permitted that detract from the residential appearance of the dwelling unit.
[2]
The use shall be conducted entirely within the primary dwelling or accessory building associated with it.
[3]
No more than 25% of the gross floor area of the principal building, excluding any garage space or basement, or 400 square feet, whichever is smaller, may be used for the home occupation.
[4]
No sounds emanating from the home occupation use shall be audible outside the residence.
[5]
No equipment shall be used which will cause interference with radio and television or electronic reception in neighboring dwellings nor create other nuisances by its operation.
[6]
No display of products shall be visible from the street, nor shall any article be sold or offered for sale on the premises, with the exception of home demonstrations, garage and yard sales which may be conducted not more frequently than two times annually.
[7]
No more than two clients, patrons or customers may be on the premises for business or professional purposes at any one time.
[8]
The home occupation may only employ one person not resident on the premises in the performance of the occupation.
[9]
No sign of any type identifying or advertising the home occupation shall be permitted.
[10]
Deliveries shall be limited to commercial package services or utilization of the owner's passenger vehicle.
[11]
Adequate parking shall be provided so that no more than one vehicle related to the home occupation shall occur on the street. Safe and efficient vehicular and pedestrian circulation, parking and loading in the vicinity of the home occupation shall not be impaired.
[12]
The home occupation shall not be open for customers, clients, or patrons before 8:00 a.m. on weekdays and 9:00 a.m. on weekends, nor after 8:30 p.m. every day.
[13]
No equipment or process shall be used which creates noise, vibration, glare, fumes, odors, electrical interference, medical waste, or other nuisance factors detectable to the normal senses.
[14]
The use shall not present any appreciable safety or traffic concerns.
(b)
Home occupations requiring a variance. Any proposed home occupation which does not meet all of the foregoing criteria shall require application for a variance to the Board.
(c)
Prohibited home occupations. The following uses are specifically prohibited as home occupations:
[1]
Automobile repair, refurbishing or servicing.
[2]
Barber shops and beauty salons.
[3]
Bed-and-breakfast, motel, hotel, AIRBNB and similar uses.
[4]
Body piercing and tattooing.
[5]
Medical and dental offices (including counseling, psychology, and psychiatry).
[6]
Real estate office.
[7]
Spray painting and refinishing operations.
[8]
Taxi and limousine service.
[9]
Home occupations involving public assembly.
(d)
Administration and enforcement. Responsibility for the administration and enforcement of the provisions of this section is assigned to the Zoning Enforcement Officer, which shall include the following:
[1]
An application for a zoning permit, amendment or extension thereof shall be upon a form prescribed and accompanied by a fee as provided by the Annual Fee Ordinance. If the Zoning Enforcement Officer shall find the application in order and the home occupation and premises to be in conformity with the provisions of this section, the Officer shall forthwith issue a permit therefor.
[2]
The Zoning Enforcement Officer, in the exercise of reasonable discretion, may inspect the premises, if such Officer deems it necessary in light of the documentation submitted or other information received, but is not required to inspect the premises for every application. If the Officer should determine that such application is questionable or that it should be denied because the requirements of this section have not been met, such Officer shall deny the application and provide the applicant with a statement of reasons for such denial.
[3]
The issuance of a permit under the provisions of this section shall not constitute a commitment or assurance that the permit will be renewed or extended or that any renewal or extension will be on the same terms and conditions as the original permit.
[4]
The issuance of a permit for home occupations, as provided herein, shall not be construed as permitting or authorizing any construction or site plan revision.
[5]
When the Zoning Enforcement Officer has reasonable cause to believe that any holder of a permit for home occupations may be in violation of the terms of the provisions of this section or the terms of the permit for home occupations, such Officer shall conduct an investigation of the premises, and, upon a finding of a violation, may direct that the violations be corrected within a period of 30 days. If such violations remain uncorrected upon the expiration of that 30 days, the Zoning Officer may revoke any such permit.
[6]
Within 30 days of the denial of a permit or the revocation of a permit, the applicant may appeal the Zoning Enforcement Officer's decision to the Board, which may conduct such hearing as it may deem appropriate and affirm or reverse the decision of the Zoning Enforcement Officer.
[7]
Upon reasonable cause to believe that any person is in violation of the terms of this section by conducting a home occupation without a valid permit, the Zoning Enforcement Officer shall issue a warning citation to the person and, if such violation(s) shall be uncorrected for a period of 30 days thereafter, shall file a complaint to be prosecuted by the Municipal Prosecutor in the Laurel Springs Municipal Court.
[8]
The Zoning Enforcement Officer and the Board shall report annually to the Borough Council on all activities within the scope of this section and shall, from time to time as necessary, recommend any changes that may be appropriate to the section in order to accomplish its purposes.
[9]
Any person aggrieved by the issuance of a home occupation permit may appeal the Zoning Enforcement Officer's determination to the Board.
(e)
Penalties. Any person, firm or corporation who shall violate any of the provisions of this section shall, upon conviction thereof in a court of competent jurisdiction, be subject to the penalties, and each violation of any provisions of this section, and each day the same is in violation, shall be deemed a separate and distinct offense.
(3)
Public utility installations are deemed to be a conditional use, subject to the following requirements:
(a)
There shall be no storage of materials and trucks and no repair facilities or staging of repair crews except within completely enclosed building.
(b)
The exterior of any structure shall be in keeping with the other structures in the immediate neighborhood.
(4)
Laurel road overlay. The lots as identified on the Zoning Map of the Borough of Laurel Springs having frontage along the east side of Laurel Road, extending from Stone Road to Lakeview Avenue, being more particularly described as Lots 1, 2, 3, 4 and 5, of Block 38, Lots 1, 2, 3, 3.01, 3.02, 5, 6, 7, 8, 9 and 10 of Block 54, and Lot 1.01 of Block 55, are hereby designated as the "Laurel Road Overlay." Conversion of a building situate in the Laurel Road Overlay to a commercial use shall be a permitted conditional use, provided the following conditions are met:
(a)
The lot shall have a minimum lot area of 15,000 square feet, a minimum lot depth of 150 feet, a minimum lot frontage of 100 feet and a minimum lot width of 100 feet.
(b)
The residential character of the building is maintained and there is no expansion of same, except that alterations may be made which are necessary for the operation of the commercial use.
§ 270-24 Area and bulk regulations.
A.
Lot area and width. A lot area of not less than 9,000 square feet shall be provided for every single detached one-family dwelling hereafter erected. Each lot on which a single detached one-family dwelling is or shall be erected shall have a width of not less than 60 feet at the building line.
B.
Lot coverage. The maximum lot coverage, including all structures, shall not be greater than 50% of the gross lot area.
C.
Front yard. A front yard shall be provided. The front setback shall be not less than those setbacks established by the buildings on either side of the lot in question, whichever of those is greater, and, in any event, not less than 25 feet. In the case of a corner lot or any other lot abutting two streets, for purposes of determining setback, each yard abutting a street shall be considered a front yard.
D.
Side yards. Each dwelling shall have a yard on each side, which shall be not less than 20 feet wide in the aggregate and neither of which shall be less than 10 feet wide.
E.
Rear yards. There shall be a rear yard of not less than 25 feet, measured from the rearmost portion of the main building to the rear property line, including all decks, patios and additions attached to the main building.
F.
Outbuildings. Outbuildings shall not be considered in connection with the rear yard. They shall be constructed so as not to protrude into the front yard and shall not be constructed closer than five feet to any property line.
G.
Height. A principal dwelling shall not have a greater height than 2 1/2 stories or 35 feet, measured from the average grade line perimetering the building to the top of the main roof cornice line, excluding necessary utility-type roof structures.
