Mountain Lakes City Zoning Code
ARTICLE XI
Bulk and Supplementary Zoning Requirements
§ 245-84 General zoning provisions.
A.
Conformance to regulations. No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such building or premises is located.
B.
Permitted and prohibited uses. Permitted uses in each district shall be limited to those uses which are designated in this chapter as permitted principal uses, permitted accessory uses and/or conditional uses, as the case may be. All other uses shall be prohibited. The failure to specifically exclude any use from a zone district shall not, under any circumstances, be construed to permit any such use.
C.
Number of principal buildings. Except as provided for specifically in this chapter, only one principal building may be erected on any one lot.
§ 245-85 Lot regulations and exceptions.
A.
Cul-de-sac turnarounds. The lot frontage for residential lots located at a cul-de-sac turnaround may be reduced to not be less than 50 feet, provided that the lot width at the building setback line shall meet the lot frontage requirement for the zone.
B.
In a residential zone, the shortest distance between the side lines shall not be less than 90% of the required frontage, except as set forth in § 245-85A above.
C.
A corner lot shall be considered to have front yards on all streets.
§ 245-86 Yard regulations and exceptions.
A.
Lakefront exceptions.
(1)
It is the intent of this subsection that the view of the lake afforded existing houses or principal buildings on lakefront property shall be maintained to the extent reasonably achievable, balancing the rights of all parties. Where there is a neighboring house or principal building on an adjacent property, the setback distance from the lake of any proposed new house, addition or accessory structure shall be no less than the setback of the neighboring house or principal building, or 25 feet, whichever is greater. Where there are neighboring houses or principal buildings, on each side, on adjacent properties, the new setback distance shall be no less than the setback of a line drawn between the setbacks of the neighboring houses or principal buildings, or 25 feet, whichever is greater. Where the adjacent property is Borough-owned property, the next adjacent neighboring house or principal building shall be used to establish the setback as described above. This provision shall not apply to accessory structures five feet or less in height.
(2)
No structure shall be located within 25 feet of the shoreline of a lake, of the bank of a watercourse or within delineated wetlands.
B.
Front yard exception. Where there are two or more buildings preexisting in the block fronting on the same street, the front setback line of any new proposed building shall be, instead of the above specified distance for the appropriate zone, the average of the setback observed by the adjacent building to the left and the adjacent building to the right, or if the other buildings are all to the left or all to the right, then the average of the setbacks observed by the adjacent and the next adjacent buildings. If the adjacent property is vacant on one or both sides of the new proposed building, then the setback line shall be the average of the setback observed by the two nearest buildings, whether both lie to the left, to the right, or to either side, in both cases, exclusive of garages or any other accessory use structures, except that in no event shall the setback be less than the above specified distance for the appropriate zone. A building erected in a residential zone on a corner lot shall comply with the front setback requirement as to all streets abutting such lot.
C.
Minimum building envelope.
(1)
Building envelope required. For the purpose of ensuring that every lot to be used for single-family residential development will have sufficient area to reasonably allow the construction of the dwelling and associated improvements without encroachment on easements that restrict development or environmentally sensitive features, there shall be a minimum building envelope, rectangular in shape, free of such features in the R-AA, R-A, R-1, R-2, RC-2 and RC-3 Zones. The proposed building envelope must be created within the prescribed setback limits for the zone.
(2)
Building envelope minimum size. Every lot to be used for single-family residential development shall have a minimum building envelope, rectangular in shape, in accordance with the following schedule:
D.
Projections which extend over setback lines. The space between any setback line and its lot line shall be open and unobstructed except for:
(1)
The ordinary projections of window sills, belt courses, cornices, leaders and other similar ornamental or structural features which shall not project more than six inches.
(2)
Roof overhangs which shall not project more than three feet.
(3)
Bay windows which shall not project more than three feet and shall not have a support from grade to projection, provided that they are less than 1/3 of the area of the wall from which they project.
(4)
Balconies which shall not project more than three feet and shall not have a support from grade to projection.
(5)
Front and rear entrance stairs of not more than six feet in width along the wall of the building, nor projecting more than 10 feet from the wall, and subject to a ruling by the reviewing board. See "setback line" definition.
E.
Pervious buffer. The first 2.5 feet from the rear and side property lines shall consist of pervious natural landscape. The purpose of the pervious buffer is to limit water runoff from driveways and other impervious surfaces of adjacent properties.
§ 245-87 Residential building height.
A.
In all residential zones, the building shall not exceed 2 1/2 stories and 35 feet in height facing any street, nor three stories facing any other direction. A basement in which, in any elevation, the exposed distance from finished grade to the floor above exceeds six feet for 50% or more of the length of the elevation shall be considered a story only for the purposes of determining the number of stories in that elevation.
B.
The maximum average height of the nonstreet frontage building elevation shall be 38 feet. The nonstreet frontage average building height shall be measured as the vertical distance from the average finished grade along all nonstreet fronting building elevations, to the highest point of the roof, excluding chimneys. The average elevation shall be determined by taking measures at approximately ten-foot intervals, six feet from the building wall, and averaging them.
C.
The maximum change in average grade elevation from the original surface to the finished grade elevation along any wall of the building shall be three feet.
D.
Where the height of any building wall exceeds 35 feet, there shall be some type of architectural treatment of the building to minimize the visual impact of a high straight wall.
§ 245-88 Bulk incentives for contributing dwellings.
A.
Bulk incentives. In order to provide an incentive for the preservation of contributing dwellings within historic districts, the bulk requirements in the Borough Zoning Ordinance have been enhanced for existing contributing dwellings in historic districts that satisfy the eligibility requirements set forth in § 245-88C. It is intended that properties containing contributing dwellings that satisfy the eligibility requirements will enjoy the full benefit of the bulk incentives, in lieu of the corresponding standard bulk requirements, for all purposes under the Borough Zoning Ordinance, including any improvements to the property unrelated to the contributing dwelling (including but not limited to accessory structures, garages, swimming pools, terraces and driveways) and for the purpose of determining the scope of any variances required by the property owner.
B. BULK INCENTIVES BULK INCENTIVES EFFECTIVE DATE COMPATIBLE EXISTING ORIGINAL ORIGINAL STRUCTURE PRIMARY STREET-FACING FACADE(1) (2) STREET-FACING FACADE
Definitions. The following definitions shall be specifically applicable to this § 245-88.
The modified bulk zoning requirements applicable to contributing dwellings satisfying the eligibility requirements set forth in § 245-88.
With respect to any contributing dwelling, shall mean:
When used in connection with a component of an alteration of a contributing dwelling, shall mean the component is consistent or in keeping with the original structure or the existing structure. In order to be compatible, a component of an alteration is not required to be identical to components of the original structure or the existing structure. Being compatible includes both restoration and replacement of the original structural component.
When used in connection with a contributing dwelling or a component or feature of a contributing dwelling, refers to such dwelling as it existed on the bulk incentives effective date, including alterations deemed to have been made prior to the bulk incentives effective date pursuant to an approval granted under § 245-88C(5).
When used in connection with a contributing dwelling or a component or feature of a contributing dwelling, refers to such dwelling as it existed when originally constructed.
When used in connection with a contributing dwelling, the structure as it existed when originally constructed.
For a contributing dwelling that has only one street-facing facade, the primary street-facing facade is such street-facing facade. For a contributing dwelling that has more than one street-facing facade, the primary street-facing facade will be the street-facing facade of the contributing dwelling with the greatest width, with the following exceptions:
If the contributing dwelling has a formal (or "front") entrance door in the street-facing facade facing the street that is also the street of the contributing dwelling's street address, the primary street-facing facade is the street-facing facade containing such entrance door; and
The owner of a contributing dwelling with multiple street-facing facades may designate another street-facing facade as the primary street-facing facade for that contributing dwelling, provided that the Committee or its administrative officer determines that such designation will better preserve the historic integrity of the contributing dwelling or the historic streetscape.
The principal facade of a contributing dwelling that 1) directly faces a street which abuts the property on which the contributing dwelling is located and which is actively used as a roadway for vehicular traffic by the public, and 2) is at an angle of 0° to 45° to the portion of such street that abuts the property. Contributing dwellings located on corner lots and "through lots" shall typically be considered to have two street-facing facades.
C.
Bulk incentives eligibility requirements. Properties containing contributing dwellings will be eligible for the bulk incentives when all of the following conditions are satisfied with respect to any alterations (including proposed alterations) made to the contributing dwelling after the bulk incentives effective date, as defined in § 245-88B.
(1)
Street-facing facades. The alterations to any street-facing facade must be compatible with the existing or original structure, and in particular with respect to the primary street-facing facade:
(a)
The proportion between the width and height of the alterations must be compatible with the primary street-facing facade of the existing or original structure.
(b)
The proportions and relationships between doors and windows in the primary street-facing facade must be compatible with the existing or original structure.
(c)
Any alterations consisting of side additions to the primary street-facing facade must have a minimum setback of 12 inches from the plane of the existing primary street-facing facade, and any associated roofline must have a minimum setback of 12 inches from the existing roofline.
(d)
Exceptions.
[1]
The following exceptions to the foregoing minimum setback requirements will be permitted where there is, as of the bulk incentives effective date, an existing side addition or side porch to the primary street-facing facade:
[a]
An existing open-air porch that does not comply with the twelve-inch setback requirement may be enclosed within the existing plane of the porch,
[b]
An existing side addition that does not comply with the twelve-inch setback requirement may be extended a further five feet to the side of the same plane as the existing side addition.
[2]
All of the foregoing exceptions are subject to compliance with the overall modified bulk requirements.
(2)
Height and roof shapes. The height of the alterations must be compatible with the existing structure. The design of the roof and any dormers must be compatible with the existing roof and dormers. Any alterations must preserve the existing or original roof ridge, roof pitch and overhangs of the existing or original structure, and new or altered dormers must be compatible with the typical styles of dormers associated with the original structure.
(3)
Architectural details. Architectural details and materials must be incorporated as necessary to relate the new with the old and to preserve and enhance the character-defining features of the existing or original structure. Windows may be replaced as long as they contain real or simulated divided lights, grille patterns, sizes and shapes that are compatible with the typical style of windows associated with the original structure and otherwise comply with the requirements of this Subsection C(3).
(4)
Retention of original structure. After completion of the alterations:
(a)
One hundred percent of the existing primary street-facing facade width and height must be retained intact consistent with the other requirements of this § 245-88C.
(b)
At least 75% of the floor area of the original structure as it existed on December 31, 1938, must remain. Interior renovations and any restoration to match the original will not be deducted in determining compliance with the 75% requirement.
(5)
Approval of exceptions to bulk incentives eligibility requirements. An owner of a contributing dwelling may seek approval for past or future alterations made after the bulk incentives effective date that do not strictly comply with the bulk incentives eligibility requirements, provided that such alterations are compatible with the existing or original structure as determined by the Zoning Board of Adjustment, upon the recommendation of the Historic Preservation Committee, under its authority to decide special questions under N.J.S.A. 40:55D-70(b), provided that no special notice shall be required for such application. In connection with any application for approval under this subsection, the Committee may request that the applicant or its architect meet with the Committee to review the alterations that are the subject of the application and submit such documentation as the Committee reasonably requires in order to evaluate the application. Any proposed alterations that receive final approval under this subsection must be commenced within one year from the date of the final approval. Upon final approval of the application and completion of the alterations, the Committee will update any photographic records maintained in connection with this article to reflect the alterations as if they had been made prior to the bulk incentives effective date. Any alterations approved under this section shall be deemed for all purposes under this article, including the checklists and certifications required under § 245-88E(2), to have been made prior to the bulk incentives effective date.
D.
Modified bulk requirements. The following modified bulk requirements will apply to properties containing contributing dwellings that satisfy the eligibility requirements set forth in § 245-88C:
(1)
Limit on FAR:
Zone | Properties Containing Contributing Dwellings |
|---|---|
R-AA | 16% |
R-A | 21% |
(2)
Limit on improved lot coverage:
Zone | Properties Containing Contributing Dwellings |
|---|---|
R-AA | 24% |
R-A | 30% |
(3)
Minimum side setback (each side and combined total both sides):
Zone | Properties Containing Contributing Dwellings |
|---|---|
R-AA | 20-foot minimum side setback; minimum total of 50 feet both sides |
R-A | 20-foot minimum side setback; minimum total of 50 feet both sides |
(4)
Grade plane calculations. A height variance shall not be required for an addition to a contributing dwelling in the event that the addition causes a change in the grade plane calculation, provided that the addition is at least one story lower than the adjoining portion of the preexisting structure.
(5)
Preexisting nonconforming setbacks and height:
(a)
A property containing a contributing dwelling with a side setback of less than 20 feet as of the bulk incentives effective date that satisfies the eligibility requirements set forth in § 245-88C will still be eligible for the bulk incentives, and will not require a variance solely with respect to such existing nonconforming side setback, provided that:
[1]
After the completion of the alteration or improvement, the property complies with the requirement that there be a minimum total side setback of 50 feet on both sides; and
[2]
The alteration does not result in an increase in the bulk of the portion of the contributing dwelling or any other structure or improvement within the existing nonconforming side setback.
(b)
A property containing a contributing dwelling with a front or rear setback of less than the applicable minimum setback set forth in the Zoning Ordinance as of the bulk incentives effective date that satisfies the eligibility requirements set forth in § 245-88C will still be eligible for the bulk incentives, and will not require a variance solely with respect to such existing nonconforming front and/or rear setback, provided that the alteration or improvement does not result in an increase in the bulk of the portion of the contributing dwelling or any other structure or improvement within the existing nonconforming front and/or rear setback.
(c)
A property containing a contributing dwelling with a height (in stories or feet) in excess of the applicable maximum height set forth in the Zoning Ordinance as of the bulk incentives effective date that satisfies the eligibility requirements set forth in § 245-88C will still be eligible for the bulk incentives, and will not require a variance solely with respect to such existing nonconforming height, provided that the alteration or improvement does not result in an increase in the portion of the contributing dwelling or any other structure or improvement that exceeds such maximum height.
E.
Documentation and approval of bulk incentives eligibility.
(1)
Eligibility for bulk incentives will be determined by the Zoning Officer.
(2)
Whenever an applicant seeks Borough approval of a construction permit in reliance on the bulk incentives, or makes any other application to the Zoning Board of Adjustment or the Planning Board relying in whole or in part on eligibility for the bulk incentives, the applicant shall submit all of the following as part of the submission of the applicant's application:
(a)
A fully completed checklist, available on the Borough website and by request from the Borough Zoning Officer, and certification from a New Jersey licensed professional architect that any alterations (including any proposed alterations) made to the contributing dwelling after the bulk incentives effective date comply with all of the requirements of § 245-88C and that the architect is familiar with the publication entitled, "Historic Mountain Lakes - Restoration and Renovation Handbook." In order to enable access to the foregoing publication by certifying architects, the Committee shall publish such publication on its website and make physical copies of such publication available upon written request.
(b)
In order to facilitate the Committee's periodic review of certifications made under § 245-88C pursuant to § 245-88G, at least one additional complete copy of the applicant's application, including the checklist and certification required under § 245-88E(2)(a), shall be delivered to the Committee. The Borough shall modify all application checklists, including for construction permits or applications to the Zoning Board of Adjustment or the Planning Board, to include a requirement of confirmation and proof that this delivery requirement has been satisfied by the applicant.
(3)
If the Zoning Officer determines that, notwithstanding the submission of the checklist and certification required under § 245-88E(2), the applicant's application for a construction permit does not comply with the requirements of § 245-88C, the Zoning Officer shall deny the application and provide the applicant with a written statement of the grounds for such denial.
(4)
The applicant may appeal a denial of an application under § 245-88E(3) to the Zoning Board of Adjustment following the procedures under the zoning ordinance applicable to denials of zoning permits generally. The applicant may combine such appeal with an application to the Zoning Board of Adjustment for a variance with respect to the standard regulations as set forth in Article III.
(5)
The Planning Board or Zoning Board of Adjustment, as applicable, may also determine eligibility for bulk incentives in connection with any application for a subdivision involving a lot on which a contributing dwelling is located. Eligibility for bulk incentives shall be limited to the lot on which the contributing dwelling will be located after the subdivision and shall be determined using the procedures set forth in § 245-88E(2). Where the subject application for a subdivision does not involve any alterations to the contributing dwelling, eligibility for bulk incentives will be measured based on any alterations that have been made to the contributing dwelling after the bulk incentives effective date and prior to the date of the proposed subdivision.
F.
Requests for clarification. An applicant or architect may request clarification from the Zoning Board of Adjustment or Planning Board, as applicable, for a determination whether a given structure is eligible for the bulk incentives or whether a proposed alteration meets the eligibility requirements set forth in § 245-88E(2) for the bulk incentives. The Committee will act in an advisory capacity in such requests to the Zoning Board of Adjustment or Planning Board. The Zoning Board of Adjustment or Planning Board shall render its decision no later than 60 days after the date a request is submitted.
G.
Review of certifications. In order to evaluate the effectiveness of the certification process required under § 245-88E(2) in effectuating the purposes of this article, the Committee shall from time to time review applications that have been submitted in reliance on the bulk incentives and the accompanying checklists and certifications required under § 245-88E(2) and may make recommendations to the Planning Board and Borough Council regarding potential revisions to this article based on the results of such review.
H.
Records relating to alterations to contributing dwellings.
(1)
Whenever a question arises, for purposes of this article, as to the condition of a contributing dwelling on the bulk incentives effective date, the applicant and the applicant's certifying architect shall have the burden of establishing what the condition of the contributing dwelling was on the bulk incentives effective date.
(2)
In order to facilitate establishing what the condition of contributing dwellings was on the bulk incentives effective date, all applicable Borough departments will maintain copies, which may be in hard copy or digital format, of files relating to applications for construction permits relating to contributing dwellings and make such files available to prospective applicants and their certifying architects for inspection and copying upon request. In addition, the Committee may create and maintain a photographic record of contributing dwellings to be used in documenting the condition of contributing dwellings.
§ 245-89 Accessory uses and structures.
A.
General requirements for all accessory uses and structures.
(1)
All accessory uses and structures shall be included in computing improved lot coverage, except where indicated herein.
(2)
No accessory structure or improvement shall be constructed unless and until a zoning permit has been issued and, except in the case of fences, either a construction permit or a certificate of occupancy or approval, as applicable, has been issued for the main use or structure to which it is accessory.
(3)
No accessory use, structure or improvement shall be permitted unless it is located upon the same lot as the main use or structure to which it is accessory; provided, however, that access driveways and/or parking facilities to serve uses within the R-AH Zone shall be permitted on any adjacent lot located in the R-A Zone, subject to Planning Board review and approval.
(4)
No private garage or other structure accessory to a dwelling in a residence zone shall be used or occupied for housing of persons or animals, except for where affordable accessory apartments are permitted per Article XVIII of this chapter, and shall be used only for the storage of automobiles, recreational vehicles, trailers, boats, and other household personal property owned by residents of the dwelling unless otherwise prohibited or regulated by ordinance or other applicable law.
B.
Location of accessory uses and structures.
(2)
No accessory structure shall be located closer to a street line than the principal building on the lot, except a freestanding stone wall in accordance with § 245-89C(2)a.
(3)
When any accessory structure, except a fence or wall, is attached to or is located within 10 feet of the principal building, it shall be considered a part of such building and as such shall comply with all regulations applicable to the principal building.
C.
Fences and walls. Fences in excess of 18 inches in height shall constitute accessory structures, which are permitted in all zones. Such fences shall be subject to the standards set forth below.
(1)
In Zones A, B, OL-1 and OL-2:
(a)
No fence is permitted in a front yard. No wall except a retaining wall as defined herein shall be constructed closer to a street line than the closest setback of the principal building.
(b)
In a side or rear yard, the maximum height of a fence shall be six feet and the fence need not conform to setback requirements.
(c)
No fence may be electrified or contain razor or barbed wire.
(2)
In residential zones:
(a)
No fence is permitted in a front yard, with the following exceptions:
[1]
Freestanding stone walls, using natural fieldstone and mortar, are permitted to a maximum height of 30 inches from finished grade. Stone piers not exceeding 24 inches by 24 inches by four feet zero inches high are permissible to act as anchors at the end of freestanding stone walls or can stand alone with no wall.
[2]
The natural fieldstone walls and piers are to be consistent with the general appearance of stone walls in the Borough of Mountain Lakes, installed on footings to meet minimum depth requirements for a structurally sound, freestanding wall.
(b)
In rear or side yards, only the following fences are permitted:
[1]
A fence of durable material and of workmanlike construction, not more than six feet in height and conforming to setback requirements. Materials subject to sagging, warping or other distortion under normal usage shall not be considered as durable for the purposes of this subsection.
[2]
A swimming pool fence of a minimum height of four feet conforming to all state requirements and to all setback requirements.
(3)
Fences around areas to be used solely to compost vegetation may be of wire construction suitable for the purpose and shall not be subject to setback requirements, provided they do not exceed four feet in height, eight feet in length on any side or 64 square feet in area, and no more than two are provided on one lot.
(4)
Fences to protect gardening areas during growing and harvesting seasons may be of wire construction suitable for the purpose, but shall meet the other requirements of Subsection C(2)(b)[1] above.
(5)
Fences on lakefront property to protect against intrusion by geese and other unwanted waterfowl shall not exceed 24 inches in height, shall be of green wire, shall be temporary in nature except if part of a hedgerow, shall not be permanently anchored and shall be readily removable.
D.
Dish antennas.
(1)
In residential zones, a dish antenna shall be permitted as an accessory use or structure under the following conditions:
(a)
It shall be only on a lot that contains a principal structure and designed for use by the residents of the principal structure only, except where the townhouse option has been elected. No lot may contain more than one dish antenna. Only a receiving dish antenna is permitted.
(b)
In the Residential RC-3 Zone where the townhouse option has been elected, only one dish antenna for common use is permitted per block of common wall houses. All other residential zone regulations apply.
(c)
A ground-mounted dish antenna shall be subject to the following regulations:
[1]
A dish antenna may be located only in a rear yard and shall meet all setback requirements.
[2]
Any such antenna shall be a freestanding structure mounted on and attached to the ground by a concrete pad.
[3]
No dish antenna shall have a diameter exceeding six feet nor extend above the ground more than eight feet.
[4]
An antenna shall be made only of black or gray mesh.
[5]
Every dish antenna shall be screened by evergreen plantings in order to minimize to the greatest extent possible noise and visibility from any adjacent property or street. Screening shall not be required to the southwest. Plantings may be waived if natural terrain and landscaping provide adequate screening. The five-year growth potential of any evergreen plantings to be used shall be considered when determining acceptable spacing and heights of such plantings.
[6]
Power control and signal cables to or from the antenna shall be underground cable complying with applicable code requirements.
(2)
In Business Zones A and B and in OL-1 and OL-2 Zones, a dish antenna, for receiving purposes only, shall be permitted as an accessory use or structure, subject to Planning Board regulation, to ensure aesthetics and safety provisions compatible with the standards of the community.
(3)
A construction permit is required for any antenna installation. The fee shall be as specified in § 111-3B of this Code.
E.
Emergency generators. Generators for use during power outages on an emergency basis are permitted as accessory structures in all zones subject to the following bulk requirements:
(1)
Units must be installed in conformity with the property setbacks for the appropriate zone for the principal structure.
(2)
The sound output for the unit cannot exceed 70 db at 23 feet from the unit.
(3)
An improved lot coverage calculation is required for units installed on a pad over 12 square feet. Pads under 12 feet shall be exempt from this calculation.
(4)
Units installed in the front yard shall be surrounded by landscape screening.
§ 245-90 Regulations applicable to steep slope areas.
A.
Any property which is the subject of an application for development and which contains slope areas of 15% or greater (hereafter "steep slopes") shall include a slope disturbance analysis as part of any application for development. The slope analysis shall include the following information:
(2)
A tabulation of the land areas in the above listed slope categories within the building area that are proposed to be disturbed.
(3)
Calculations showing the land areas of disturbance of each slope category within the building area as compared to the land area of slopes in each category on the entire tract. The maximum allowable slope disturbances within the building area as a percentage of land area in each slope category on the entire tract shall be as set forth in the following table:
Slope Category | Maximum Slope Disturbance |
|---|---|
0 to 14.99% | 100% |
15% to 19.99% | 30% |
20% to 24.99% | 10% |
25% or greater | 0% |
B.
Within areas having slopes of 25% or greater, no development, including regrading or stripping of vegetation, shall be permitted unless such activity is essential for the construction of linear development such as a roadway or driveway crossing, required utility construction, stormwater management control pipes, drainage paths, swales or channels or other like necessary improvement. The applicant must demonstrate to the satisfaction of the reviewing board or other official having jurisdiction that such disturbance activity is necessary to fulfill the essential service requirements of the development and that there is no practical alternative to it.
C.
Land development plans which have received Planning or Zoning Board approval prior to the adoption date of this article shall be exempt. Proof of exemption eligibility shall be determined by the Zoning Officer.
§ 245-91 Like buildings.
A.
No construction permit shall be issued for the erection of any building for occupancy as a single-family detached dwelling if it is like or substantially like any neighboring building then in existence, or for which a building permit has been issued, in more than three of the following six respects:
(1)
Height of the main roof ridge, or, in the case of a building with a flat roof, the highest point of the roof beams, above the elevation of the first floor.
(2)
Height of the main roof ridge above the top of the plate; all flat roofs shall be deemed identical in this dimension.
(3)
Length of the main roof ridge, or, in the case of a building with a flat roof, length of the main roof.
(4)
Width between outside walls at the ends of the building measured under the main roof at right angles to the length thereof.
(5)
Relative location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch, or attached garage in the same elevation.
(6)
In the front elevation both:
(a)
Relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building; and
(b)
Either the height of any portion of the building located outside the limits of the main roof, measured from the elevation of the first floor to the roof ridge, or, in the case of a flat roof, the highest point of the roof beams; or the width of such portion of the building, if it has a gable in the front elevation, otherwise length of the roof ridge or the flat roof in the front elevation.
B.
Buildings shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet. Buildings 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. In relation to the premises with respect to which the permit is sought, a building shall be deemed to be a neighboring building if the lot upon which it or any part of it has been or will be erected is any one of the following lots, as shown on the Tax Map of the Borough:
(1)
Any lot on the street, upon which the building to be erected on such premises would front, which is the first or the second lot next along such street in either direction from the premises, without regard to intervening street lines;
(2)
Any lot on any part of the street line frontage of which is across the street from such premises or from a lot referred to in Subsection B(1) above;
(3)
Any lot on any part of the street line frontage of which faces the end of, and is within the width of, such street, if there are fewer than two lots between the premises and the end of the street;
(4)
Any lot on another street which adjoins such premises on such other street; or
(5)
Any lot on any part of the street line frontage of which is across such other street from the premises or from a lot referred to in Subsection B(4) above, provided that, notwithstanding any of the foregoing provisions of this section, no building shall be deemed to be a neighboring building in relation to the premises if its rear elevation faces the street upon which the building to be erected on the premises would front.
§ 245-92 Outdoor sales, display or storage.
A.
No yard or any other open area of any lot shall be used for the sale, storage or display of merchandise, wares, or personal property except as provided in this chapter. Storage sheds shall not be considered outdoor storage, provided that all applicable zoning regulations are met. The following exceptions shall apply:
(1)
Garage sales, yard sales, house sales, estate sales and estate auctions, provided that only the personal belongings and/or contents of the property owner's house are for sale.
(2)
Nonprofit organizations which are located in the Borough.
(3)
The sale event(s) shall not exceed a cumulative total of six days in a calendar year.
(4)
The use of tents for any sales event shall not be allowed.
B.
Outdoor storage containers or trailers, including tractor-trailers, closed rolloff or shipping containers, or temporary portable storage containers such as PODS, shall be permitted on a site as follows:
(1)
One such container shall be permitted on a lot, for a period not to exceed 30 days, or in the case of active construction projects, the time period during which the construction permit remains open or 180 days, whichever is less.
(2)
Application shall be made to the Zoning Officer and include a survey, aerial image or plan, depicting the proposed location of the outdoor storage container on the site; information as to the nature and length of time of its location on the property; and remittance of all applicable fees. There shall be no fee associated with this application for single-family residential properties.
(3)
The outdoor storage container shall be located on asphalt, concrete, or other impervious surface and shall not be located closer than 10 feet from any side or rear lot line or front right-of-way line.
(4)
No outdoor storage container shall be located within the street, right-of-way, or in any location that would obstruct sidewalk access.
(5)
The outdoor storage container shall be removed immediately upon expiration of the zoning permit or completion of the construction project. If applicable, no certificate of occupancy or approval shall be issued until the outdoor storage container is removed.
C.
Solid waste and recyclable items from all uses other than single-family homes, if stored outdoors, shall be placed in metal or plastic receptacles within a screened refuse area subject to the following minimum standards:
(1)
The screened refuse area shall not be located within any front yard.
(2)
The area shall be surrounded by a fence or wall suitably landscaped to provide screening of the view of refuse from adjoining properties or public streets. Any such fence shall be exempt from the provisions of any Mountain Lakes ordinance regulating fences, except that no such fence shall exceed 10 feet in height.
(3)
Design for screening of the refuse area shall be subject to the approval of the Construction Official.
(4)
In any site plan, if outdoor storage is not proposed, the methods proposed for accommodating solid waste and recyclables within the structure shall be detailed on the plan. The Planning Board may require that a suitable outdoor area be set aside, but not improved, for a future refuse storage area.
§ 245-93 Wireless telecommunications facilities.
A.
This section implements Section 6409(a) of the Middle Class Tax Relief Job Creation Act of 2012 ("Spectrum Act") as interpreted by the Federal Communications Commission's ("FCC") Acceleration of Broadband Deployment Report and Order, which requires a state or local government to approve any eligible facilities request for a modification of an existing tower or base station that does not result in a substantial change to the physical dimensions of such tower or base station.
B.
Wireless telecommunications facilities that do not meet the definition of "eligible facilities request" as set forth in this chapter shall be permitted in all zones as a conditional use and subject to the regulations at § 245-107.
C.
An eligible facilities request that does not substantially change the dimensions of an existing wireless telecommunications facility shall comply with the following:
(1)
Shall not increase the height of the tower by more than 10% or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed 20 feet, whichever is greater; for other eligible support structures, shall not increase the height of the structure by more than 10% or more than 10 feet, whichever is greater;
(2)
Shall not involve adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than 20 feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six feet;
(3)
For any eligible support structure, it shall not involve installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets; or, installation of any new equipment cabinets on the ground if there are no preexisting ground cabinets associated with the structure, or else installation of ground cabinets that are more than 10% larger in height or overall volume than any other ground cabinets associated with the structure. It shall not entail any excavation or deployment outside the current site; it shall not defeat the concealment elements of the eligible support structure; or it complies with all conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided that this limitation does not apply to any modification that is noncompliant only in a manner that would not exceed the thresholds identified in Subsection C(1), (2), and (3) of this subsection.
D.
Type of review. The Borough Zoning Officer is the reviewing authority for eligible facilities requests involving no substantial change. The Borough Planning Board or Zoning Board may assist with review of such application to determine whether the application qualifies.
E.
Prior municipal approvals. Applications for eligible facilities requests involving no substantial change must confirm, to the Zoning Officer's satisfaction, that the existing tower or base station, and all existing wireless telecommunications facilities located thereon, are lawfully in existence, and have been previously granted all necessary municipal land use and development approvals.
F.
Time frame for review. Within 60 days of the date on which an applicant submits an application seeking approval under this section, the Zoning Officer shall approve the application unless it is determined that the application is not covered by this section.
G.
Tolling of the time frame for review. The sixty-day review period begins to run when the application is filed, and may be tolled only by mutual agreement by the applicant and the Zoning Officer's written consent, or in the cases where the application is deemed incomplete.
H.
To toll the time frame for incompleteness, the Zoning Officer must provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application.
I.
The time frame for review begins running again when the applicant makes a supplemental submission in response to the notice of incompleteness by the Zoning Officer.
J.
Following a supplemental submission, the Zoning Officer will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The time frame is tolled in the case of second or subsequent notices pursuant to the procedures identified in this subsection. Second or subsequent notices of incompleteness may not specify missing documents or information that were not delineated in the original notice of incompleteness.
K.
The Zoning Officer must memorialize his or her final decision by written approval or denial of the zoning permit application. The approval or denial must include a list of the plans and documents that comprised the application, with references to the dates, titles, and other descriptive features of those plans and documents.
L.
If the Zoning Officer determines that the applicant's request is not covered by the Spectrum Act as delineated under this section, the presumptively reasonable time frame under 47 U.S.C. § 332(c)(7), as prescribed by the FCC, will begin to run from the issuance of decision that the application is not a covered request by the Zoning Officer.
M.
Removal of abandoned wireless telecommunications facilities. Any wireless telecommunications facility that has not operated for a continuous period of 12 months shall be considered abandoned. If there are two or more users of a single wireless telecommunications facility, then the abandonment shall not become effective until all users cease using the wireless telecommunications facility for a continuous period of 12 months. Unless the Council of the Borough of Mountain Lakes shall authorize continuance of an antenna on terms acceptable to the Council, the owner of the property shall remove same within 90 days of notice from the Zoning Officer that the wireless telecommunications facility is abandoned. If such wireless telecommunications facility is not removed within said 90 days, the Borough of Mountain Lakes may remove such wireless telecommunications facility at the owner's expense. If the facility is to be retained, the provider(s) shall establish that the facility will be reused within one year of such discontinuance. If a facility is not reused within one year, a demolition permit shall be obtained and the facility removed. At the discretion of the Zoning Officer, upon good cause shown, the one-year reuse period may be extended for a period not to exceed one additional year.
§ 245-94 Cannabis establishments and uses prohibited.
The operation of all classes of cannabis establishments as defined by P.L. 2021, c. 16, including, but not limited to, cannabis retailers, cultivators, manufacturers, distributors, wholesalers, testing facilities, delivery services, medical cannabis dispensaries, alternative cannabis treatment centers, including such operators holding a medical cannabis dispensary permit pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:6I-7), are expressly prohibited uses within the jurisdictional boundaries of the Borough of Mountain Lakes.