Middlesex City Zoning Code

Single-family and two-family dwellings.

Accessory structures, such as private garages, swimming pools, storage sheds, etc., which are incidental to single-family and two-family dwellings.

Fences, provided that said fence does not violate a condition of prior variance approval, and further provided that if the proposed fence is to be located on a site developed for nonresidential use, said fence shall not alter the means of ingress and egress as approved by the Board.

Paving of an unpaved driveway on property developed for single-family or two-family dwellings, provided that said paving shall not violate a condition of a prior variance approval.

Interior alterations or work on exterior building facades, windows or roofing. However, issuance of a building permit for said work in no way limits the Borough's authority to require future site plan approval based upon the proposed use of the building.

Building additions.

Request for approval by the Borough Zoning Officer for issuance of a motor vehicle dealership license as required by the State of New Jersey, provided that said license is required for an operation which is accessory to a principal permitted use in the G-B, CLW or IND Zones, and further provided that a certification shall be signed by the applicant agreeing that he will not use the dealership license for the display of more than three vehicles.

Any change of occupancy which does not meet the criteria established in § 420-13 for classification as a change of use.

Overnight storage of no more than four motor vehicles as defined in N.J.S. 39:1-1, excluding equipment, truck tractors and trailers, used by the approved business owning or leasing the property upon which such vehicles are stored; provided, however, that such motor vehicles must be removed for daily use during the regular business hours and days of such approved business.

The proposed use requires more off-street parking spaces than the previous use, based upon parking requirements in Chapter 248, Land Development;

The proposed use has significantly different hours of operation than the previous use;

The proposed use has special pickup and discharge or loading and unloading requirements which affect either on-site or off-site circulation; or

The proposed use involves the storage or handling of chemicals or hazardous substances.

In any residential zone, no private detached garage or other accessory building or parking area shall be located within a required front yard nor within a required side yard, except that nothing shall prohibit an owner of a home from counting a driveway as an off-street parking space. A residential driveway shall be set back a minimum of two feet from the side property line.

In the case of exceptionally wide lots where side yards are provided of greater width than required by this chapter, accessory buildings may be erected in the side yards, provided that the side yard required as a minimum by this chapter for the particular zone involved shall be left open and unoccupied except as permitted in this chapter.

The front setback line shall be concentric to the street line.

Front setback shall be measured as the shortest horizontal distance between the street line arc and the setback line arc.

Lot width shall be the measured horizontal distance between the two points where the setback arc intercepts the side property lines.

Lot frontage shall be the measured horizontal distance between the two points where the side property lines intersect the street line arc. Lot frontage (as distinguished from lot width) shall be no less than 2/3 of the required lot width as set forth in the schedule, § 420-6.

The front wall of a permitted structure may be tangent to any point on the setback arc, provided that the side yard setbacks are observed as shown in the schedule, § 420-6.

For an irregular lot with two rear lot lines, lot depth shall be measured as the shortest horizontal distance from the front property line to the midpoint of a line drawn through the midpoints of the two rear property lines.

For an irregular lot with one sloping rear lot line, lot depth shall be measured as the shortest horizontal distance from the front property line to a line drawn parallel to the front property line through the midpoint of the rear property line.

Walls, fences, signs or other structures which obstruct vision or are erected to a height in excess of two feet above curb level.

Parked vehicles, objects or any other obstruction of a height in excess of two feet above curb level.

Hedges, shrubs or other vegetation growth which are not maintained at a height of less than two feet, except that permitted signs or trees whose obstructions are at least eight feet above the curb level shall be permitted.

One portable home storage unit may be placed upon any property only upon the issuance of a permit by the Zoning Officer. The application fee is $75.

Permits will be granted for a period of 90 days. At the expiration of the ninety-day period, the permittee may seek one extension of the permit for up to an additional 90 days for an additional fee of $25.

Portable home storage units are prohibited from being placed in streets or in front yards of a property. Portable home storage units must be kept in the driveway of the property at the furthest accessible point from the street. All locations must be paved off-street surfaces. All other locations must be preapproved by the Zoning Officer and unobtrusive in nature.

This subsection shall be enforced by the Police Department and the Zoning Officer.

The business name and address, and a responsible contact person;

The type, number, size and location of containers located at the business;

In general terms, what is contained in each of the storage containers;

A list of the items contained in the container(s); and

A certification that the container(s) is (are) being maintained in good condition.

One-time registration fees will be calculated as follows: $2.50 x container length (i.e., a forty-five-foot trailer would be $112.50).

Yearly fees. The yearly fee will be calculated by the equation developed by our Tax Assessor and represents the cost per square foot and $8/100 tax charge for each container, which is as follows: the container square footage x $5/sq. ft. x .08 = yearly cost (i.e., 45 feet x10 feet x $5/sq. ft. x .08 = $180).

Such vehicles and trailers shall be registered with the Zoning Officer prior to parking or storing on the property; provided, however, that all such vehicles already on the property as of June 1, 2012, must be registered on or prior to August 31, 2012.

Storage of such vehicles and trailers must be in compliance with all laws, statutes and ordinances, including, but not limited to, §§ 248-17, 420-23 and 420-24 of the Code of the Borough of Middlesex, as may be amended.

The owner of such vehicle and trailers being registered must be the owner or legal resident occupying the property upon which the owner seeks to park or store such vehicle.

At the time of registration of such vehicle and any trailer with the Zoning Officer, if the owner of such vehicle or trailer reasonably believes that he/she cannot comply with the applicable ordinances, specifically §§ 420-23 and 420-24 of the Code of the Borough of Middlesex, as may be amended, the owner may submit a letter to the Zoning Officer of the Borough, or his/her designee, seeking administrative relief from the provisions of the applicable ordinances. Nothing herein shall limit the ability of the owner of such vehicle and trailer from making application for relief from the Zoning Board of the Borough of Middlesex without first submitting a letter seeking administrative relief from the provisions of the applicable ordinances.

After August 31, 2012, all vehicles and trailers registered and parked/stored must comply with the provisions of the applicable ordinances of the Code of the Borough of Middlesex then in effect. Accordingly, after August 31, 2012, the Zoning Officer shall not process any new applications for administrative relief from the provisions of §§ 420-23 and 420-24 of the Code of the Borough of Middlesex. Nothing herein shall limit the ability of the owner of such vehicles from making application for relief from the Planning or Zoning Boards of the Borough of Middlesex.

The Zoning Officer or his/her designee may require such additional information from the owner of such vehicle and trailer and/or property as is necessary to determine whether administrative relief may be granted. Upon determination by the Zoning Officer or his/her designee to grant administrative relief, the relief so granted shall be limited to the owner of that specifically registered vehicle and trailer at the specific property upon which the registration indicates the vehicle and trailer shall be parked/stored. The relief granted shall not be transferable should the owner obtain a new or different vehicle or trailer, nor shall the relief granted be transferable by the owner of the property or the vehicle and trailer so registered hereunder to any subsequent property owner or subsequent vehicle or trailer owner in any manner whatsoever.

The relief granted hereunder shall only apply to one such vehicle and trailer at any given property, without regard to ownership of vehicles or trailers by other residents of the property. If relief is sought hereunder, or obtained hereunder, and a second or subsequent such vehicle and trailer is registered at that property, all vehicles and trailers, including the vehicle and trailer for which relief was granted hereunder, shall be required to comply with the provisions of §§ 420-23 and 420-24 of the Code of the Borough of Middlesex. Accordingly, any prior granted relief shall become void upon submission of registration of any additional recreational vehicle and trailer at such property, without regard to ownership of the subsequently registered recreational vehicle and trailer.

For purposes of registration and the relief granted hereunder, trailers used for recreational vehicles and boats shall be subject to the same restrictions and limitations as the recreational vehicles and boats towed thereby.

If, however, the owner of a registered recreational vehicle or boat desires to obtain a replacement trailer for that registered recreational vehicle or boat, and no other improvements or changes to the property are sought, that owner shall make application to the Zoning Board of Adjustment for use variance relief without submission of a site plan, and such relief may be granted by the Zoning Board of Adjustment in its sole and independent judgment.

Any violation of this section, including failure to properly register a recreational vehicle, boat, or trailer, shall result in the imposition of a fine of $50 per day.

All recreational vehicles, boats and trailers, no matter where parked (residential zone, or nonresidential zone, garage, backyard or sideyard) must be currently registered with the DMV (however, it does not have to be registered to the owner of the property); must be "mobile" at all times (no flat tires on recreational vehicles or trailer, no boat placement on "cradles" of any sort); the recreational vehicle, boat or trailer and/or any material covering or protecting the recreational vehicle, boat or trailer must be maintained and operational and shall not display wear and tear above and beyond normal and reasonable wear.

Only one earth terminal shall be permitted per dwelling or principal use, as applicable.

Earth terminals having a diameter of more than 10 feet shall be located in the rear of the setback line and shall be located, from all property lines, at a minimum distance which is equal to the height of the antenna, or the minimum setback required for accessory structures in the zone, whichever is greater.

All earth terminals having a diameter of greater than 18 inches shall be located on the ground. Earth terminals having a diameter of 18 inches or less may be located on existing structures.

All wiring and connecting cables between the personal earth terminal and the principal building shall be buried underground.

The earth terminal shall be screened from view by a solid screening material which is aesthetically compatible with the character of the neighborhood.