No space contiguous to any building shall be encroached upon or reduced in any manner except in conformity with the yard, lot, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated elsewhere in this chapter for the zone for which the building or space is located. In the event of such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter.

No open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing open space for any other building.

Limitation on issuance of building permits; distance between similar houses and orientation of homes. Except as provided in this section, not more than one building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwellings situated on the same or opposite side of the street when one of its property lines is within 300 feet of the property line of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties and shall not include the width of the street. Dwelling houses will be constructed with the front of the dwelling house parallel to the street upon which the dwelling house has frontage, except when the dwelling house is not visible from the road or roads upon which it is situate due to the topography of the lot.

Characteristics determining housing uniformity. Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one of the following characteristics:

Minimum number of basic house designs. In addition to the requirements specified hereinabove, there shall be not less than four separate basic house designs in every housing development consisting of eight or more houses.

Engineering survey or architectural drawing required prior to issuance of permit; contents. No building permit shall be issued for more than one dwelling in any housing development, except as provided herein below until an engineer's survey or architect's drawing of the entire tract or part to be developed has been submitted to the Building Inspector, showing thereon or on a schedule attached thereto the model number, type and design of each house, with the proper street and lot numbers for each house. The survey or drawing shall show the dimensions of each house, its exact location on the lot with setbacks and width or depth of all yard spaces. In the event of a subsequent desired change in basic design, size or location of a house in such tract, a revised plan and application therefor shall be filed and approved before such work is started.

Submission of affidavit or performance guaranty. In respect to new subdivisions for the purpose of a housing development, the Land Use Board may, at its discretion, require an affidavit or a performance guaranty, approved as to form by the Township Attorney, that the subdivision will be developed as a whole so that the intent and purpose of this section is satisfied. The Building Inspector is also hereby authorized to require a similar affidavit or performance bond before issuance of more than one building permit in any housing development or part thereof for any subdivision heretofore approved by the Land Use Board prior to the date of the adoption of this section or to any land area not required to be subdivided.

Appeals for relief from provisions. Appeals for relief from the provisions of this section may be taken to the Township Committee. Relief may be granted by the Township Committee when, in its opinion, such relief is not detrimental to the public interest.

Violations and penalties. Any person who shall violate or who shall permit, take part or assist in any violation of this section shall, upon conviction thereof, for each and every violation thereof, be punished by a fine not exceeding $2,000 or by imprisonment in the county or Township jail for a term not exceeding 90 days, or both.

No store, shop or office in any building shall use any noisemaking instruments, such as phonographs, loudspeakers, amplifiers, radios, televisions or similar devices which are so situated as to be heard outside the building provided, however, that nothing herein shall be deemed to prohibit the playing of holiday music in commercial districts in connection with holiday displays and decorations sponsored by any civic or business group and approved by the Township Committee.

No smoke, fumes or objectionable odor shall be emitted from any building in any zone, nor shall any accumulation of trash, garbage, offal, junk or the like to be permitted.

The storage or display of merchandise on the exterior of any building or on any public street or sidewalk is prohibited, except as otherwise specifically permitted and regulated in this chapter; but this section shall not be construed to prohibit the maintenance of garden shops, restaurant terraces and similar areas maintained in connection with a store or other business establishment, provided that such areas are enclosed by a wall, trellis or screened planting at least four feet in height.

There shall be no outdoor storage in any front yard in all zone districts.

No lot shall have erected upon it more than one residential building, except as otherwise specifically authorized in this chapter.

The height limitations of this chapter shall not apply to chimneys, church spires, standpipes, gables, cupolas, flagpoles, monuments, television antennas or towers, cables, scenery, lofts or water tanks, elevator housings and similar structures and necessary mechanical appurtenances for the zone I which the building is located, provided that no such exception shall cover at any level more than 10% of the area of the roof on which it is located.

In the event of a partial or total destruction of a single-family dwelling, to the extent that the dwelling is uninhabitable, by resolution of the Township Committee, the Zoning Officer may issue a zoning permit allowing the temporary use of a mobile home on the affected lot for a period not to exceed eight months. Placement of the mobile home will be subject to inspection and approval by the Construction Officer. The Township Committee, by separate resolution, may extend such temporary use for one additional six months period.

(Reserved)

Accessory buildings and structures as part of a principal building. Any structure or part of a structure attached to a principal building shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory building.

Location. An accessory building may be constructed in the side or rear yard of a property. An accessory building may be constructed in the front yard of a property provided: (1) the front yard setback for the accessory building is in compliance with the required front yard setback for the principal structure or, (2) the front yard setback for the accessory structure is equal to the actual front yard setback for the principal structure on a lot where that actual front yard setback is less than the required front yard setback and is preexisting, nonconforming. An accessory building may not be located directly between the front of the principal structure and the road. The required setback of an accessory building located on a corner lot from the side street shall be in accordance with the side yard setback requirement for the principal building from that side street.

Height limitation. The height of an accessory building shall not exceed 35 feet.

Setback requirements from an adjacent structure. In residential districts, the minimum distance of any accessory building from an adjacent building shall be five feet.

Side yard and rear yard setback. All accessory buildings shall have a minimum distance of 10 feet from side and rear lot lines.

Accessory buildings not to be constructed prior to principal buildings. Where there is no principal building on a property, a building permit shall not be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the principal building. Where a permit is issued for the construction of the accessory building and a principal building has not yet been constructed then the use of the accessory building shall be restricted to the storage of construction materials for the completion of the principal building. The zoning permit for the accessory building shall expire eight months from the date of its completion unless the principal building has been completed and a certificate of occupancy issued within that time frame.

Accessory buildings in nonresidential districts. Accessory buildings in nonresidential districts shall meet all the requirements applicable to the principal buildings.

Exception for buildings use for agricultural purposes. Buildings used for agricultural purposes are exempt from the provisions of this section in accordance with the provisions of the Right to Farm Act N.J.S.A. 4:1C-1 et seq. as to agriculturally assessed lands.

The parking of commercial vehicles and trailers in residential districts.

Vehicles prohibited in residential districts regardless of size or weight.

Exempt vehicles.

For the purpose of this subsection, § 76-18, the following definitions shall apply:

Uses prohibited in all zones:

Uses prohibited in all residential zones:

Any variance granted pursuant to an application for development for only variance relief which is granted by the Land Use Board shall expire three years from the date of publication of the Resolution of Approval if the applicant has failed prior to that date to secure a building permit from the Construction Official, except as otherwise provided by law and except as hereinafter provided. In the event that the applicable building permit is revoked in accordance with N.J.A.C. 5:23-2.16(f), then the zoning variance will expire at the time the building permit is revoked.

Any variances granted as part of an application for development where other development approvals are granted will expire upon the expiration of the other development approvals statutory period of protected status including any extensions granted.

Any person who proposes to establish a kennel or private kennel, or a shelter or a pound, shall apply to the Township Clerk or Animal Control Officer for a license entitling him/her to keep or operate such an establishment.

The application shall describe the premises where the establishment is located or is proposed to be located, the purpose or purposes for which it is to be maintained, and shall be accompanied by the written approval of the local Board of Health and Land Use Board, showing compliance with the local and state rules and regulations governing location of and sanitation at such establishments.

All licenses issued for a kennel, private kennel, shelter or pound shall state the purpose for which the establishment is maintained. Such license shall expire on the last day of January of every year, and shall be subject to revocation by the township on recommendation of the State Department of Health or the local Board of Health for failure to comply with the rules and regulations of the State Department of Health or the local Board of Health governing the same, after owner has been afforded a hearing by either the State Department of Health or the local Board of Health in accordance with the statutes providing for such hearings.

Any person holding such license shall not be required to secure individual licenses for dogs owned by him/her and kept at such establishments. Such license shall not be transferable to another owner or different premises.

One female dog in breeding purposes may be kept by no more than one person for each family household without obtaining a kennel license for not more than one litter per year, and further provided that the pups from such breeding shall be sold or disposed of after six months of age, unless kept as licensed dogs, and that the female dog kept for breeding purposes must be registered as a breed bitch each year when the license for the dog is obtained.

The fees for kennels and pet shops shall be $25. No fee shall be charged for a shelter or pound.

No dog kept in a kennel, pet shop, shelter or pound shall be permitted off such premises except on a leash or in a crate or other safe control device.

The rules and regulations of the State Department of Health governing the operation and maintenance of kennels, pet shops, pounds, and shelters made effective September 1, 1968, are hereby adopted as provisions of this chapter by reference to the rules and regulations without incorporating the same herein in full. A copy of the rules and regulations shall be maintained in the Township Clerk's Office, and shall be made available during any reasonable business hours to any person desiring to see the same.