Mountainside City Zoning Code

1003 General

Provisions

Zoning Affects All Structures, Buildings and Land and Uses Thereof. No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this Ordinance for the zoning district in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the zoning district in which such land, premises, building or structure is located. Any use which is not expressly permitted shall be considered a prohibited use.
Building Permits, Zoning Permits and Certificates of Occupancy. No building permit and no certificate of occupancy shall be issued by the Construction Official except upon application therefor in conformity with all the provisions of this Ordinance. No zoning permit shall be issued by the Zoning Officer except upon application therefor in conformity with all the provisions of this Ordinance.
Subdivision of Lot. Whenever a new lot or lots is or are formed from part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to impair any of the requirements of this Ordinance.
Yards. There shall be provided for every lot front, rear and side yards as required in the zoning district in which said lot is located. All front yards must face upon a dedicated public street and shall be of the size required for the particular zoning district in which the lot is located; provided, however, that on streets less than fifty (50) feet in width, the required front yard shall be increased by one half (1/2) the difference between the width of the street and fifty (50) feet, and, provided further, that any lot which abuts a street with a proposed right-of-way greater than fifty (50) feet in width as shown on the Master Plan for the streets of the Borough of Mountainside, adopted pursuant to Section 19 of P.L. 1975, Chapter 291, and amendments thereto, shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on said Master Plan. No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this Ordinance for one building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building.
Accessory Buildings Or Structures. No accessory building or structure shall be built on any lot on which there is not a principal building or use.
1. The following requirements shall be met in all residential zones:
  1. No accessory building or structure shall have a ground area greater than twenty five percent (25%) of the rear yard area, and in no event shall the floor area of an accessory building exceed six hundred (600) square feet. This Subsection 1003 (e)(1)(A) does not apply to limit the area of driveways or patios.
  2. No accessory building or structure shall exceed the height of the principal building or structure, or sixteen (16) feet, whichever is the lesser height. Where present, flagpoles cannot exceed a height of thirty five (35) feet.
  3. No accessory building or structure except flagpoles, driveways, private roads, alleys or other facilities for ingress and egress by pedestrians and vehicles, shall be permitted in any front yard.
  4. No accessory buildings or structures shall be located closer than fifteen (15) feet from any principal building situated on the same lot.
  5. An accessory building or structure may be built within any side yard if the distance from the accessory building or structure to the side line of the lot is equal to or greater than the required side yard setback for the principal building or structure on said lot.
  6. No accessory building or structure in any rear yard shall be closer than six (6) feet from any side or rear property line of the lot containing that accessory building or structure; provided however, that no accessory building or structure on any lot the rear lot line of which abuts the side line of any adjoining lot shall be closer than the following distance to the rear line of the lot upon which it is situated along all points of said rear lot line where said rear lot line is coincident with the required side yard or front yard of the principal building or structure on the adjoining property: one eighth (1/8) the depth of the lot on which the building or structure is situated if the depth of that lot is greater than one hundred twenty (120) feet; ten (10) feet if the depth of the lot is less than or equal to one hundred twenty (120) feet. Swimming pools as an accessory use shall conform to the setback requirements of Subsection 1008(a)(5).
  7. No accessory building or structure on a corner lot shall be erected nearer to any street side line than the front yard setback required on the lot adjacent to the side lot line of the yard upon which the accessory building or structure is proposed to be located.
2. The following requirements shall be met in all nonresidential zones:
  1. No accessory building or structure shall have a ground area greater than the ground area of the principal building on the same lot.
  2. No accessory building or structure including flagpoles shall exceed the height of the principal building or structure.
  3. No accessory building or structure except flagpoles, driveways, private roads or other means of ingress and egress, shall be permitted in any front yard.
  4. No accessory building or structure shall be closer to the principal building or structure on the lot on which it is located than ten (10) feet or one half (1/2) the sum of the height of the principal building or structure and said accessory building or structure, whichever results in the greater distance.
  5. No accessory building or structure may be built within any side yard unless the distance from said accessory building or structure to the side line of the lot is equal to or greater than the required side yard setback for the principal building or structure on said lot.
  6. No accessory building or structure may be built within any rear yard unless the distance from said accessory building or structure to the rear line of the lot is equal to or greater than the required rear yard setback for the principal building or structure on said lot.
  7. No vehicle shall be parked on a lot unless the vehicle relates to the principal use of the lot, unless otherwise approved by the Planning Board.
Second Principal Building or Structure On Same Lot Prohibited.
1. No lot shall contain more than one (1) principal building or structure.
Required Area Or Space. No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this Ordinance. No lot, yard, parking area or other open space which is already less than the minimum required under this Ordinance shall be further reduced in area or dimension.
Garages in Residential Zones. Detached garages are prohibited in all residential zones. Attached garages capable of storing not more than three (3) motor vehicles may be provided on a single lot in any residential zoning district. Any boat, recreational vehicle, house trailer, other trailer or truck with a maximum weight carrying capacity of one and one half (1 1/2) tons, motor bus or motor home, vans or like vehicles used for commercial purposes, owned or used by a resident on said lot, shall only be permitted on said lot in an enclosed garage. Parking in the front lot or front yard driveways is not permitted. Not more than two such vehicles may be parked in a side or rear yard of such residential lot provided they are appropriately screened from view of adjoining lots. No truck with a maximum weight carrying capacity of over one and one half (1 1/2) tons shall be housed or kept in any residential zone. None of the above-mentioned vehicles, boats, or trailers, or any commercial vehicle of any type may be parked overnight on a residential street between the hours of 10:00 p.m. and 6:00 a.m. No house can be erected with a one car garage unless provision is made in the placement of the house for addition of a second garage without violation of setback and side line requirements. Carports shall not be permitted in any zone.
Existing Platted Lots. Any lot as defined herein that fails to comply with the minimum lot area and lot width requirements of this Ordinance may be used for any use not otherwise prohibited in the zoning district in which it lies, provided said lot is not in common ownership as defined in Section 211 of this Ordinance, and further provided all other requirements of this Ordinance are complied with.
Corner Lots. All corner lots shall meet the front yard setback requirements for every abutting street.
Nature And Extent Of Uses Of Land. The control and regulation of the uses of buildings and structures by this ordinance shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.
Outdoor Storage.
1. Outdoor storage of any kind or nature, except storage in the rear or side yards of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones.
2. In all nonresidential zones, outdoor storage is prohibited
Visibility Requirements.
1. All trees over three (3) inches in diameter measuring one (1) foot above grade adjoining street side lines in all zones shall have their branches trimmed at all times to ensure unobstructed vision eight (8) feet above street pavement level. On a corner lot within the triangular area determined as provided in this Section, no wall, fence, structure, or other object shall be erected to a height in excess of two (2) feet; no vehicle, object or other obstruction of a height in excess of two (2) feet shall be permitted within the corner clearance area; and no hedge, shrub or other growth shall be maintained at a height in excess of two (2) feet, except that trees whose branches are trimmed away to a height of at least ten (10) feet above the curb level shall be permitted. Such triangular area or "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting "sight point," one each located on the two intersecting street centerlines. Such points shall be four hundred (400) feet from the intersection with a County road along such County road and five hundred (500) feet from their intersection with a State highway along such highway. Where County roads and State highways intersect, the distance shall be seventy five (75) feet along the road or highway having the lower traffic volume. Sight points for local roads shall be seventy five (75) feet from their intersections along the centerlines of such roads. In addition, no object or other obstruction shall be so located along any straight or curved roads as to reduce the line of sight along said road to less than four hundred (400) feet. Trimming and maintenance of visibility according to these standards shall be the responsibility of the property owner.
2. Developments involving the creation of new streets or which have driveway access to nonresidential uses shall maintain the visibility requirements set forth in (1) above, but in addition to that there shall be dedicated to the Borough a sight triangle easement. The purpose of said easement is to permit the Borough to enter upon the property to remove obstructions to vision in the event the property owner is not properly maintaining visibility. A sight triangle easement shall be set forth on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided in the Mountainside Land Use Ordinance."
3. Locations of Driveways & Sight Distances.
  1. All entrance and exit driveways to a road shall be located to afford maximum safety to traffic.
  2. Any exit driveway or driveway land shall be so designed in profile and grading and shall be so located to permit wherever possible the following recommended minimum sight distance measured in each direction along the road; the measurement shall be from the drivers position of a vehicle standing on that portion of the exit driveway that is immediately contiguous to the traveled way or shoulder of the road;
    
    ALLOWABLE SPEED ON ROAD SIGHT DISTANCE IN FEET
    25 MPH 175
    30 MPH 250
    35 MPH 325
    40 MPH 400
    45 MPH 450
    50 MPH 500
    55 MPH 550
Planting And Fences On Street Property Lines. No fence, hedge, shrubbery or planting on any lot in any residential zone shall be permitted within three (3) feet of any street side line. The branches of all trees projecting beyond any such street side line must be trimmed at all times to ensure unobstructed vision and clearance eight (8) feet above ground or sidewalk level. Trimming and maintenance of visibility according to these standards shall be the responsibility of the property owner.
Conversion Of Existing Structures. The conversion of an existing structure to a use permitted in the zoning district in which said structure is located is equally subject to the same regulations as are new structures constructed in said zoning district.
Access To Uses. No driveway shall be permitted for any use other than the permitted use on the lot upon which said driveway is located.
Mixed Occupancy. The use of any premises for residential and business, residential and industrial, or business and industrial uses is prohibited in any zone unless specifically permitted in the provisions regulating same.
Residential Front Yard Coverage Limitations. Within the R-1, R-2 and R-3 Districts. No more than thirty (30) percent of the front yard shall be covered by driveways, parking areas, and other impervious improvements.
Signs. Signs shall only be permitted in the Borough as permitted and regulated in Section 1007 of this Ordinance.
Height Exceptions. The height limitations required in each zoning district shall not apply to church steeples. Church buildings, public school buildings and structures, masts, flagpoles, residential receiving antennae, or any municipally owned, leased or operated building, structure or use, shall not exceed forty five (45) feet in height above the average natural elevation of the ground at the foundation of the structure.
Fences, Retaining Walls, Driveways, Walkways, Patios
1. A zoning permit in a form approved by the Zoning Official is required for the construction of any fence 6 feet or less in height. A zoning permit is required for the construction of any retaining wall 4 feet or less in height including multiple stepped walls totaling 4 feet or less in combined height. No fence or wall shall exceed 6 feet in height in a residential zone nor 8 feet in height in nonresidential zones. No fence or wall shall be constructed within 6 inches of a property line or street side line. A zoning permit shall be required for any increase in size above the originally existing and Borough approved footprint, regardless of materials used, for driveways, walkways, and ground level patios.
2. No fence or wall running parallel to a principal building, which fence or wall exceeds four (4) feet in height, shall be constructed nearer to the side of the principal building to which it runs parallel than a distance which equals or exceeds the height of said fence or wall.
3. Necessary retaining walls over six (6) feet in height, and any related fences as may be required under the New Jersey Uniform Construction Code, shall only be permitted after a site plan review pursuant to Article 9 of this Ordinance.
4. Fencing shall not be allowed to extend beyond the rear front yard line of any building unless the fence is of an open type such a split rail or chain link, or any other fence at least 51% open, and such fence does not exceed four (4) feet in height. As indicated by Section 1003(j), a corner lot shall be considered as having two frontages. The provisions of this subsection shall not apply to lots under construction or lots where demolition of the approved structure on the lot has occurred, as determined by the Construction Official of the Borough. In such circumstances, six (6) foot high fencing shall be permitted around the perimeter of the lot or in such other location as the Construction Official in the reasonable exercise of their discretion may determine in order to protect the health and safety of the public in accordance with the provisions of the Borough Code of the Borough of Mountainside.
5. On residential properties, fencing shall not be allowed with barbed wire, sharp or pointed objects on top, electrification or similar devices or projections dangerous to man or animal. On nonresidential properties, no fencing shall be allowed with electrification, but barbed wire or similar fencing shall be permitted for security reasons, as a part of site plan review.
6. All fences shall be constructed with the finished side facing out.
Projections And Encroachments. Except as hereinafter specified, yards and courts required under this Ordinance shall be entirely free of buildings or parts thereof.
1. Cornices and eaves may project not to exceed three (3) feet over any required yard or court.
2. Sills, leaders, belt courses and similar ornamental or structural features may project six (6) inches into any required yard or court. An open fire balcony or fire escape may project into a required yard not more than four (4) feet.
3. Ground story bay windows or oriels may project not more than three (3) feet into any required front yard, rear yard or side yard in the R-1, R-2 and R-3 zoning districts.
Design Of Dwellings. No building or structure shall hereafter be erected, constructed, placed, altered or enlarged in any residence zone which shall be like or substantially like any neighboring building, as hereinafter defined, then in existence or for which a building permit has been issued or which is included in the same building permit application, in more than three (3) of the following six (6) respects.
1. Height of the main roof ridge, or, in the case of a building or structure 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 roofs shall be deemed identical in this dimension).
3. Length of the main roof ridge, or, in the case of a building or structure with a flat roof, length of the main roof.
4. Width between outside walls at the ends of the building or structure 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 (1) relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building or structure, and (2) either (a) height of any portion of the building or structure 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 (b) width of said portion of the building or structure if it has a gable in the front elevation, otherwise length of said roof ridge or said flat roof in the front elevation.
  
  Buildings or structures shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two (2) feet.
  
  Buildings or structures 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 a building or structure is sought to be erected, constructed, placed, altered or enlarged, a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it or any part of it has been or will be located is any one of the following lots:
  1. Any lot on the street upon which the building or structure is to be located on said premises would front which is the first or second lot next along said street in either direction from said premises, without regard to intervening street lines.
  2. Any lot any part of the street line frontage of which is across said street from said premises or from a lot referred to in Subparagraph A of this Paragraph.
  3. Any lot any part of the street line frontage of which faces the end of, and is within the width of, said street, if there are less than two (2) lots between said premises and the end of said street.
  4. Any lot on another street which adjoins said premises on such other street.
  5. Any lot any part of the street line frontage of which is across such other street from said premises or from a lot referred to in Subparagraph D of this Paragraph.
Maintenance Of Required Conditions. All requirements of this ordinance pertaining to fences, walls, buffer areas, trees, landscaping, curbs and paving that are shown on a site plan approved by the Planning Board shall be adequately maintained at all times by the applicant to always meet the conditions of said approved site plan. Any of the listed items in existence upon a property at the time of this Ordinance, whether previously required by the Planning Board or not, shall be adequately maintained at all times.
Airport Hazard Areas. All buildings and land uses in any airport hazard areas delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, Chapter 260, shall conform to the standards promulgated by the Commissioner of Transportation pursuant to Section 5 of that act.
Critical Areas. Applications for development shall identify any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. Density or land development intensity adjustment shall be made based upon the presence of environmental characteristics as identified in the following sections:
1. Critical areas include areas which are subject to flooding, wetlands, and slopes greater than 15 percent.
2. Lot size adjustments shall be made if at least 20 percent of a proposed building lot contains one or more of the features identified in (1) above. This adjustment shall apply whether the lot exists or whether it is proposed as a new lot. Portions of a lot which lie in a flood plain or in wetlands shall be credited at 25 percent toward total lot area calculations. Portions of a lot which have slopes of 15 to 20 percent shall be credited at 75 percent toward total lot area; those with slopes of 20 to 25 percent shall be credited at 50 percent toward total lot area; those with slopes of 25 to 35 percent shall be credited at 25 percent toward total lot area; and those with slopes greater than 35 percent shall be credited at 10 percent toward total lot area.
3. On all lots, these calculations of adjusted lot area shall apply to the zoning standards for minimum lot area, maximum building ground projection area, and maximum lot coverage.
4. Where development is proposed on slopes greater than 15 percent, as part of the subdivision or site plan application or for applications for building permits, the following additional information, prepared by a licensed New Jersey Engineer or Landscape Architect shall be submitted.
  1. Erodibility potential of exposed soils.
  2. Water table depth
  3. Nature and description of surface soils and ground cover
  4. Type and location of construction activity including site grading and access roads
  5. Volume of site grading to include a cut fill balance sheet, cross sections, and the volume and source of off site fill
  6. Provisions shall be made for the proper disposition of surface water runoff so that it will not create unstable or erosive conditions on the downward slope
  7. Appropriate storm drainage facilities shall be constructed as necessary for protection of downslope properties
  8. Any fill placed on the lot shall be properly stabilized and where found necessary, supported by retaining walls or other appropriate structures as approved by the Borough Engineer
  9. If revegetation and stabilization of filled and regraded areas cannot be made prior to vegetation growing weather, a temporary treatment adequate to prevent erosion shall be installed on those surfaces
    
    Existing residential dwellings or additions to existing residential dwelling shall be exempt from this provision.
Floor Area Ratio Regulation. A floor area ratio is calculated by dividing the habitable floor area of a dwelling by the lot area. Habitable floor area shall not include garage space, basement whether finished or unfinished, attic space, an open porch or breezeway.

Mountainside City Zoning Code

1003 General

Provisions

Zoning Affects All Structures, Buildings and Land and Uses Thereof. No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this Ordinance for the zoning district in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the zoning district in which such land, premises, building or structure is located. Any use which is not expressly permitted shall be considered a prohibited use.
Building Permits, Zoning Permits and Certificates of Occupancy. No building permit and no certificate of occupancy shall be issued by the Construction Official except upon application therefor in conformity with all the provisions of this Ordinance. No zoning permit shall be issued by the Zoning Officer except upon application therefor in conformity with all the provisions of this Ordinance.
Subdivision of Lot. Whenever a new lot or lots is or are formed from part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to impair any of the requirements of this Ordinance.
Yards. There shall be provided for every lot front, rear and side yards as required in the zoning district in which said lot is located. All front yards must face upon a dedicated public street and shall be of the size required for the particular zoning district in which the lot is located; provided, however, that on streets less than fifty (50) feet in width, the required front yard shall be increased by one half (1/2) the difference between the width of the street and fifty (50) feet, and, provided further, that any lot which abuts a street with a proposed right-of-way greater than fifty (50) feet in width as shown on the Master Plan for the streets of the Borough of Mountainside, adopted pursuant to Section 19 of P.L. 1975, Chapter 291, and amendments thereto, shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on said Master Plan. No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this Ordinance for one building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building.
Accessory Buildings Or Structures. No accessory building or structure shall be built on any lot on which there is not a principal building or use.
1. The following requirements shall be met in all residential zones:
  1. No accessory building or structure shall have a ground area greater than twenty five percent (25%) of the rear yard area, and in no event shall the floor area of an accessory building exceed six hundred (600) square feet. This Subsection 1003 (e)(1)(A) does not apply to limit the area of driveways or patios.
  2. No accessory building or structure shall exceed the height of the principal building or structure, or sixteen (16) feet, whichever is the lesser height. Where present, flagpoles cannot exceed a height of thirty five (35) feet.
  3. No accessory building or structure except flagpoles, driveways, private roads, alleys or other facilities for ingress and egress by pedestrians and vehicles, shall be permitted in any front yard.
  4. No accessory buildings or structures shall be located closer than fifteen (15) feet from any principal building situated on the same lot.
  5. An accessory building or structure may be built within any side yard if the distance from the accessory building or structure to the side line of the lot is equal to or greater than the required side yard setback for the principal building or structure on said lot.
  6. No accessory building or structure in any rear yard shall be closer than six (6) feet from any side or rear property line of the lot containing that accessory building or structure; provided however, that no accessory building or structure on any lot the rear lot line of which abuts the side line of any adjoining lot shall be closer than the following distance to the rear line of the lot upon which it is situated along all points of said rear lot line where said rear lot line is coincident with the required side yard or front yard of the principal building or structure on the adjoining property: one eighth (1/8) the depth of the lot on which the building or structure is situated if the depth of that lot is greater than one hundred twenty (120) feet; ten (10) feet if the depth of the lot is less than or equal to one hundred twenty (120) feet. Swimming pools as an accessory use shall conform to the setback requirements of Subsection 1008(a)(5).
  7. No accessory building or structure on a corner lot shall be erected nearer to any street side line than the front yard setback required on the lot adjacent to the side lot line of the yard upon which the accessory building or structure is proposed to be located.
2. The following requirements shall be met in all nonresidential zones:
  1. No accessory building or structure shall have a ground area greater than the ground area of the principal building on the same lot.
  2. No accessory building or structure including flagpoles shall exceed the height of the principal building or structure.
  3. No accessory building or structure except flagpoles, driveways, private roads or other means of ingress and egress, shall be permitted in any front yard.
  4. No accessory building or structure shall be closer to the principal building or structure on the lot on which it is located than ten (10) feet or one half (1/2) the sum of the height of the principal building or structure and said accessory building or structure, whichever results in the greater distance.
  5. No accessory building or structure may be built within any side yard unless the distance from said accessory building or structure to the side line of the lot is equal to or greater than the required side yard setback for the principal building or structure on said lot.
  6. No accessory building or structure may be built within any rear yard unless the distance from said accessory building or structure to the rear line of the lot is equal to or greater than the required rear yard setback for the principal building or structure on said lot.
  7. No vehicle shall be parked on a lot unless the vehicle relates to the principal use of the lot, unless otherwise approved by the Planning Board.
Second Principal Building or Structure On Same Lot Prohibited.
1. No lot shall contain more than one (1) principal building or structure.
Required Area Or Space. No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this Ordinance. No lot, yard, parking area or other open space which is already less than the minimum required under this Ordinance shall be further reduced in area or dimension.
Garages in Residential Zones. Detached garages are prohibited in all residential zones. Attached garages capable of storing not more than three (3) motor vehicles may be provided on a single lot in any residential zoning district. Any boat, recreational vehicle, house trailer, other trailer or truck with a maximum weight carrying capacity of one and one half (1 1/2) tons, motor bus or motor home, vans or like vehicles used for commercial purposes, owned or used by a resident on said lot, shall only be permitted on said lot in an enclosed garage. Parking in the front lot or front yard driveways is not permitted. Not more than two such vehicles may be parked in a side or rear yard of such residential lot provided they are appropriately screened from view of adjoining lots. No truck with a maximum weight carrying capacity of over one and one half (1 1/2) tons shall be housed or kept in any residential zone. None of the above-mentioned vehicles, boats, or trailers, or any commercial vehicle of any type may be parked overnight on a residential street between the hours of 10:00 p.m. and 6:00 a.m. No house can be erected with a one car garage unless provision is made in the placement of the house for addition of a second garage without violation of setback and side line requirements. Carports shall not be permitted in any zone.
Existing Platted Lots. Any lot as defined herein that fails to comply with the minimum lot area and lot width requirements of this Ordinance may be used for any use not otherwise prohibited in the zoning district in which it lies, provided said lot is not in common ownership as defined in Section 211 of this Ordinance, and further provided all other requirements of this Ordinance are complied with.
Corner Lots. All corner lots shall meet the front yard setback requirements for every abutting street.
Nature And Extent Of Uses Of Land. The control and regulation of the uses of buildings and structures by this ordinance shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.
Outdoor Storage.
1. Outdoor storage of any kind or nature, except storage in the rear or side yards of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones.
2. In all nonresidential zones, outdoor storage is prohibited
Visibility Requirements.
1. All trees over three (3) inches in diameter measuring one (1) foot above grade adjoining street side lines in all zones shall have their branches trimmed at all times to ensure unobstructed vision eight (8) feet above street pavement level. On a corner lot within the triangular area determined as provided in this Section, no wall, fence, structure, or other object shall be erected to a height in excess of two (2) feet; no vehicle, object or other obstruction of a height in excess of two (2) feet shall be permitted within the corner clearance area; and no hedge, shrub or other growth shall be maintained at a height in excess of two (2) feet, except that trees whose branches are trimmed away to a height of at least ten (10) feet above the curb level shall be permitted. Such triangular area or "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting "sight point," one each located on the two intersecting street centerlines. Such points shall be four hundred (400) feet from the intersection with a County road along such County road and five hundred (500) feet from their intersection with a State highway along such highway. Where County roads and State highways intersect, the distance shall be seventy five (75) feet along the road or highway having the lower traffic volume. Sight points for local roads shall be seventy five (75) feet from their intersections along the centerlines of such roads. In addition, no object or other obstruction shall be so located along any straight or curved roads as to reduce the line of sight along said road to less than four hundred (400) feet. Trimming and maintenance of visibility according to these standards shall be the responsibility of the property owner.
2. Developments involving the creation of new streets or which have driveway access to nonresidential uses shall maintain the visibility requirements set forth in (1) above, but in addition to that there shall be dedicated to the Borough a sight triangle easement. The purpose of said easement is to permit the Borough to enter upon the property to remove obstructions to vision in the event the property owner is not properly maintaining visibility. A sight triangle easement shall be set forth on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided in the Mountainside Land Use Ordinance."
3. Locations of Driveways & Sight Distances.
  1. All entrance and exit driveways to a road shall be located to afford maximum safety to traffic.
  2. Any exit driveway or driveway land shall be so designed in profile and grading and shall be so located to permit wherever possible the following recommended minimum sight distance measured in each direction along the road; the measurement shall be from the drivers position of a vehicle standing on that portion of the exit driveway that is immediately contiguous to the traveled way or shoulder of the road;
    
    ALLOWABLE SPEED ON ROAD SIGHT DISTANCE IN FEET
    25 MPH 175
    30 MPH 250
    35 MPH 325
    40 MPH 400
    45 MPH 450
    50 MPH 500
    55 MPH 550
Planting And Fences On Street Property Lines. No fence, hedge, shrubbery or planting on any lot in any residential zone shall be permitted within three (3) feet of any street side line. The branches of all trees projecting beyond any such street side line must be trimmed at all times to ensure unobstructed vision and clearance eight (8) feet above ground or sidewalk level. Trimming and maintenance of visibility according to these standards shall be the responsibility of the property owner.
Conversion Of Existing Structures. The conversion of an existing structure to a use permitted in the zoning district in which said structure is located is equally subject to the same regulations as are new structures constructed in said zoning district.
Access To Uses. No driveway shall be permitted for any use other than the permitted use on the lot upon which said driveway is located.
Mixed Occupancy. The use of any premises for residential and business, residential and industrial, or business and industrial uses is prohibited in any zone unless specifically permitted in the provisions regulating same.
Residential Front Yard Coverage Limitations. Within the R-1, R-2 and R-3 Districts. No more than thirty (30) percent of the front yard shall be covered by driveways, parking areas, and other impervious improvements.
Signs. Signs shall only be permitted in the Borough as permitted and regulated in Section 1007 of this Ordinance.
Height Exceptions. The height limitations required in each zoning district shall not apply to church steeples. Church buildings, public school buildings and structures, masts, flagpoles, residential receiving antennae, or any municipally owned, leased or operated building, structure or use, shall not exceed forty five (45) feet in height above the average natural elevation of the ground at the foundation of the structure.
Fences, Retaining Walls, Driveways, Walkways, Patios
1. A zoning permit in a form approved by the Zoning Official is required for the construction of any fence 6 feet or less in height. A zoning permit is required for the construction of any retaining wall 4 feet or less in height including multiple stepped walls totaling 4 feet or less in combined height. No fence or wall shall exceed 6 feet in height in a residential zone nor 8 feet in height in nonresidential zones. No fence or wall shall be constructed within 6 inches of a property line or street side line. A zoning permit shall be required for any increase in size above the originally existing and Borough approved footprint, regardless of materials used, for driveways, walkways, and ground level patios.
2. No fence or wall running parallel to a principal building, which fence or wall exceeds four (4) feet in height, shall be constructed nearer to the side of the principal building to which it runs parallel than a distance which equals or exceeds the height of said fence or wall.
3. Necessary retaining walls over six (6) feet in height, and any related fences as may be required under the New Jersey Uniform Construction Code, shall only be permitted after a site plan review pursuant to Article 9 of this Ordinance.
4. Fencing shall not be allowed to extend beyond the rear front yard line of any building unless the fence is of an open type such a split rail or chain link, or any other fence at least 51% open, and such fence does not exceed four (4) feet in height. As indicated by Section 1003(j), a corner lot shall be considered as having two frontages. The provisions of this subsection shall not apply to lots under construction or lots where demolition of the approved structure on the lot has occurred, as determined by the Construction Official of the Borough. In such circumstances, six (6) foot high fencing shall be permitted around the perimeter of the lot or in such other location as the Construction Official in the reasonable exercise of their discretion may determine in order to protect the health and safety of the public in accordance with the provisions of the Borough Code of the Borough of Mountainside.
5. On residential properties, fencing shall not be allowed with barbed wire, sharp or pointed objects on top, electrification or similar devices or projections dangerous to man or animal. On nonresidential properties, no fencing shall be allowed with electrification, but barbed wire or similar fencing shall be permitted for security reasons, as a part of site plan review.
6. All fences shall be constructed with the finished side facing out.
Projections And Encroachments. Except as hereinafter specified, yards and courts required under this Ordinance shall be entirely free of buildings or parts thereof.
1. Cornices and eaves may project not to exceed three (3) feet over any required yard or court.
2. Sills, leaders, belt courses and similar ornamental or structural features may project six (6) inches into any required yard or court. An open fire balcony or fire escape may project into a required yard not more than four (4) feet.
3. Ground story bay windows or oriels may project not more than three (3) feet into any required front yard, rear yard or side yard in the R-1, R-2 and R-3 zoning districts.
Design Of Dwellings. No building or structure shall hereafter be erected, constructed, placed, altered or enlarged in any residence zone which shall be like or substantially like any neighboring building, as hereinafter defined, then in existence or for which a building permit has been issued or which is included in the same building permit application, in more than three (3) of the following six (6) respects.
1. Height of the main roof ridge, or, in the case of a building or structure 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 roofs shall be deemed identical in this dimension).
3. Length of the main roof ridge, or, in the case of a building or structure with a flat roof, length of the main roof.
4. Width between outside walls at the ends of the building or structure 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 (1) relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building or structure, and (2) either (a) height of any portion of the building or structure 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 (b) width of said portion of the building or structure if it has a gable in the front elevation, otherwise length of said roof ridge or said flat roof in the front elevation.
  
  Buildings or structures shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two (2) feet.
  
  Buildings or structures 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 a building or structure is sought to be erected, constructed, placed, altered or enlarged, a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it or any part of it has been or will be located is any one of the following lots:
  1. Any lot on the street upon which the building or structure is to be located on said premises would front which is the first or second lot next along said street in either direction from said premises, without regard to intervening street lines.
  2. Any lot any part of the street line frontage of which is across said street from said premises or from a lot referred to in Subparagraph A of this Paragraph.
  3. Any lot any part of the street line frontage of which faces the end of, and is within the width of, said street, if there are less than two (2) lots between said premises and the end of said street.
  4. Any lot on another street which adjoins said premises on such other street.
  5. Any lot any part of the street line frontage of which is across such other street from said premises or from a lot referred to in Subparagraph D of this Paragraph.
Maintenance Of Required Conditions. All requirements of this ordinance pertaining to fences, walls, buffer areas, trees, landscaping, curbs and paving that are shown on a site plan approved by the Planning Board shall be adequately maintained at all times by the applicant to always meet the conditions of said approved site plan. Any of the listed items in existence upon a property at the time of this Ordinance, whether previously required by the Planning Board or not, shall be adequately maintained at all times.
Airport Hazard Areas. All buildings and land uses in any airport hazard areas delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, Chapter 260, shall conform to the standards promulgated by the Commissioner of Transportation pursuant to Section 5 of that act.
Critical Areas. Applications for development shall identify any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. Density or land development intensity adjustment shall be made based upon the presence of environmental characteristics as identified in the following sections:
1. Critical areas include areas which are subject to flooding, wetlands, and slopes greater than 15 percent.
2. Lot size adjustments shall be made if at least 20 percent of a proposed building lot contains one or more of the features identified in (1) above. This adjustment shall apply whether the lot exists or whether it is proposed as a new lot. Portions of a lot which lie in a flood plain or in wetlands shall be credited at 25 percent toward total lot area calculations. Portions of a lot which have slopes of 15 to 20 percent shall be credited at 75 percent toward total lot area; those with slopes of 20 to 25 percent shall be credited at 50 percent toward total lot area; those with slopes of 25 to 35 percent shall be credited at 25 percent toward total lot area; and those with slopes greater than 35 percent shall be credited at 10 percent toward total lot area.
3. On all lots, these calculations of adjusted lot area shall apply to the zoning standards for minimum lot area, maximum building ground projection area, and maximum lot coverage.
4. Where development is proposed on slopes greater than 15 percent, as part of the subdivision or site plan application or for applications for building permits, the following additional information, prepared by a licensed New Jersey Engineer or Landscape Architect shall be submitted.
  1. Erodibility potential of exposed soils.
  2. Water table depth
  3. Nature and description of surface soils and ground cover
  4. Type and location of construction activity including site grading and access roads
  5. Volume of site grading to include a cut fill balance sheet, cross sections, and the volume and source of off site fill
  6. Provisions shall be made for the proper disposition of surface water runoff so that it will not create unstable or erosive conditions on the downward slope
  7. Appropriate storm drainage facilities shall be constructed as necessary for protection of downslope properties
  8. Any fill placed on the lot shall be properly stabilized and where found necessary, supported by retaining walls or other appropriate structures as approved by the Borough Engineer
  9. If revegetation and stabilization of filled and regraded areas cannot be made prior to vegetation growing weather, a temporary treatment adequate to prevent erosion shall be installed on those surfaces
    
    Existing residential dwellings or additions to existing residential dwelling shall be exempt from this provision.
Floor Area Ratio Regulation. A floor area ratio is calculated by dividing the habitable floor area of a dwelling by the lot area. Habitable floor area shall not include garage space, basement whether finished or unfinished, attic space, an open porch or breezeway.

Mountainside City Zoning Code

1003 General

Provisions

Zoning Affects All Structures, Buildings and Land and Uses Thereof. No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted by this Ordinance for the zoning district in which the land, premises, building or structure is located, and all uses and construction shall be in conformity with the regulations provided for the zoning district in which such land, premises, building or structure is located. Any use which is not expressly permitted shall be considered a prohibited use.
Building Permits, Zoning Permits and Certificates of Occupancy. No building permit and no certificate of occupancy shall be issued by the Construction Official except upon application therefor in conformity with all the provisions of this Ordinance. No zoning permit shall be issued by the Zoning Officer except upon application therefor in conformity with all the provisions of this Ordinance.
Subdivision of Lot. Whenever a new lot or lots is or are formed from part of any other lot or lots, the assembly or separation shall be effected in such a manner as not to impair any of the requirements of this Ordinance.
Yards. There shall be provided for every lot front, rear and side yards as required in the zoning district in which said lot is located. All front yards must face upon a dedicated public street and shall be of the size required for the particular zoning district in which the lot is located; provided, however, that on streets less than fifty (50) feet in width, the required front yard shall be increased by one half (1/2) the difference between the width of the street and fifty (50) feet, and, provided further, that any lot which abuts a street with a proposed right-of-way greater than fifty (50) feet in width as shown on the Master Plan for the streets of the Borough of Mountainside, adopted pursuant to Section 19 of P.L. 1975, Chapter 291, and amendments thereto, shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on said Master Plan. No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this Ordinance for one building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building.
Accessory Buildings Or Structures. No accessory building or structure shall be built on any lot on which there is not a principal building or use.
1. The following requirements shall be met in all residential zones:
  1. No accessory building or structure shall have a ground area greater than twenty five percent (25%) of the rear yard area, and in no event shall the floor area of an accessory building exceed six hundred (600) square feet. This Subsection 1003 (e)(1)(A) does not apply to limit the area of driveways or patios.
  2. No accessory building or structure shall exceed the height of the principal building or structure, or sixteen (16) feet, whichever is the lesser height. Where present, flagpoles cannot exceed a height of thirty five (35) feet.
  3. No accessory building or structure except flagpoles, driveways, private roads, alleys or other facilities for ingress and egress by pedestrians and vehicles, shall be permitted in any front yard.
  4. No accessory buildings or structures shall be located closer than fifteen (15) feet from any principal building situated on the same lot.
  5. An accessory building or structure may be built within any side yard if the distance from the accessory building or structure to the side line of the lot is equal to or greater than the required side yard setback for the principal building or structure on said lot.
  6. No accessory building or structure in any rear yard shall be closer than six (6) feet from any side or rear property line of the lot containing that accessory building or structure; provided however, that no accessory building or structure on any lot the rear lot line of which abuts the side line of any adjoining lot shall be closer than the following distance to the rear line of the lot upon which it is situated along all points of said rear lot line where said rear lot line is coincident with the required side yard or front yard of the principal building or structure on the adjoining property: one eighth (1/8) the depth of the lot on which the building or structure is situated if the depth of that lot is greater than one hundred twenty (120) feet; ten (10) feet if the depth of the lot is less than or equal to one hundred twenty (120) feet. Swimming pools as an accessory use shall conform to the setback requirements of Subsection 1008(a)(5).
  7. No accessory building or structure on a corner lot shall be erected nearer to any street side line than the front yard setback required on the lot adjacent to the side lot line of the yard upon which the accessory building or structure is proposed to be located.
2. The following requirements shall be met in all nonresidential zones:
  1. No accessory building or structure shall have a ground area greater than the ground area of the principal building on the same lot.
  2. No accessory building or structure including flagpoles shall exceed the height of the principal building or structure.
  3. No accessory building or structure except flagpoles, driveways, private roads or other means of ingress and egress, shall be permitted in any front yard.
  4. No accessory building or structure shall be closer to the principal building or structure on the lot on which it is located than ten (10) feet or one half (1/2) the sum of the height of the principal building or structure and said accessory building or structure, whichever results in the greater distance.
  5. No accessory building or structure may be built within any side yard unless the distance from said accessory building or structure to the side line of the lot is equal to or greater than the required side yard setback for the principal building or structure on said lot.
  6. No accessory building or structure may be built within any rear yard unless the distance from said accessory building or structure to the rear line of the lot is equal to or greater than the required rear yard setback for the principal building or structure on said lot.
  7. No vehicle shall be parked on a lot unless the vehicle relates to the principal use of the lot, unless otherwise approved by the Planning Board.
Second Principal Building or Structure On Same Lot Prohibited.
1. No lot shall contain more than one (1) principal building or structure.
Required Area Or Space. No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this Ordinance. No lot, yard, parking area or other open space which is already less than the minimum required under this Ordinance shall be further reduced in area or dimension.
Garages in Residential Zones. Detached garages are prohibited in all residential zones. Attached garages capable of storing not more than three (3) motor vehicles may be provided on a single lot in any residential zoning district. Any boat, recreational vehicle, house trailer, other trailer or truck with a maximum weight carrying capacity of one and one half (1 1/2) tons, motor bus or motor home, vans or like vehicles used for commercial purposes, owned or used by a resident on said lot, shall only be permitted on said lot in an enclosed garage. Parking in the front lot or front yard driveways is not permitted. Not more than two such vehicles may be parked in a side or rear yard of such residential lot provided they are appropriately screened from view of adjoining lots. No truck with a maximum weight carrying capacity of over one and one half (1 1/2) tons shall be housed or kept in any residential zone. None of the above-mentioned vehicles, boats, or trailers, or any commercial vehicle of any type may be parked overnight on a residential street between the hours of 10:00 p.m. and 6:00 a.m. No house can be erected with a one car garage unless provision is made in the placement of the house for addition of a second garage without violation of setback and side line requirements. Carports shall not be permitted in any zone.
Existing Platted Lots. Any lot as defined herein that fails to comply with the minimum lot area and lot width requirements of this Ordinance may be used for any use not otherwise prohibited in the zoning district in which it lies, provided said lot is not in common ownership as defined in Section 211 of this Ordinance, and further provided all other requirements of this Ordinance are complied with.
Corner Lots. All corner lots shall meet the front yard setback requirements for every abutting street.
Nature And Extent Of Uses Of Land. The control and regulation of the uses of buildings and structures by this ordinance shall apply equally to the nature and extent of the uses of the lot or lots upon which they are erected.
Outdoor Storage.
1. Outdoor storage of any kind or nature, except storage in the rear or side yards of those items customarily used in conjunction with a residential occupancy, is prohibited in all residential zones.
2. In all nonresidential zones, outdoor storage is prohibited
Visibility Requirements.
1. All trees over three (3) inches in diameter measuring one (1) foot above grade adjoining street side lines in all zones shall have their branches trimmed at all times to ensure unobstructed vision eight (8) feet above street pavement level. On a corner lot within the triangular area determined as provided in this Section, no wall, fence, structure, or other object shall be erected to a height in excess of two (2) feet; no vehicle, object or other obstruction of a height in excess of two (2) feet shall be permitted within the corner clearance area; and no hedge, shrub or other growth shall be maintained at a height in excess of two (2) feet, except that trees whose branches are trimmed away to a height of at least ten (10) feet above the curb level shall be permitted. Such triangular area or "sight triangle" is defined as that area outside the right-of-way which is bounded by the intersecting street lines and the straight line connecting "sight point," one each located on the two intersecting street centerlines. Such points shall be four hundred (400) feet from the intersection with a County road along such County road and five hundred (500) feet from their intersection with a State highway along such highway. Where County roads and State highways intersect, the distance shall be seventy five (75) feet along the road or highway having the lower traffic volume. Sight points for local roads shall be seventy five (75) feet from their intersections along the centerlines of such roads. In addition, no object or other obstruction shall be so located along any straight or curved roads as to reduce the line of sight along said road to less than four hundred (400) feet. Trimming and maintenance of visibility according to these standards shall be the responsibility of the property owner.
2. Developments involving the creation of new streets or which have driveway access to nonresidential uses shall maintain the visibility requirements set forth in (1) above, but in addition to that there shall be dedicated to the Borough a sight triangle easement. The purpose of said easement is to permit the Borough to enter upon the property to remove obstructions to vision in the event the property owner is not properly maintaining visibility. A sight triangle easement shall be set forth on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided in the Mountainside Land Use Ordinance."
3. Locations of Driveways & Sight Distances.
  1. All entrance and exit driveways to a road shall be located to afford maximum safety to traffic.
  2. Any exit driveway or driveway land shall be so designed in profile and grading and shall be so located to permit wherever possible the following recommended minimum sight distance measured in each direction along the road; the measurement shall be from the drivers position of a vehicle standing on that portion of the exit driveway that is immediately contiguous to the traveled way or shoulder of the road;
    
    ALLOWABLE SPEED ON ROAD SIGHT DISTANCE IN FEET
    25 MPH 175
    30 MPH 250
    35 MPH 325
    40 MPH 400
    45 MPH 450
    50 MPH 500
    55 MPH 550
Planting And Fences On Street Property Lines. No fence, hedge, shrubbery or planting on any lot in any residential zone shall be permitted within three (3) feet of any street side line. The branches of all trees projecting beyond any such street side line must be trimmed at all times to ensure unobstructed vision and clearance eight (8) feet above ground or sidewalk level. Trimming and maintenance of visibility according to these standards shall be the responsibility of the property owner.
Conversion Of Existing Structures. The conversion of an existing structure to a use permitted in the zoning district in which said structure is located is equally subject to the same regulations as are new structures constructed in said zoning district.
Access To Uses. No driveway shall be permitted for any use other than the permitted use on the lot upon which said driveway is located.
Mixed Occupancy. The use of any premises for residential and business, residential and industrial, or business and industrial uses is prohibited in any zone unless specifically permitted in the provisions regulating same.
Residential Front Yard Coverage Limitations. Within the R-1, R-2 and R-3 Districts. No more than thirty (30) percent of the front yard shall be covered by driveways, parking areas, and other impervious improvements.
Signs. Signs shall only be permitted in the Borough as permitted and regulated in Section 1007 of this Ordinance.
Height Exceptions. The height limitations required in each zoning district shall not apply to church steeples. Church buildings, public school buildings and structures, masts, flagpoles, residential receiving antennae, or any municipally owned, leased or operated building, structure or use, shall not exceed forty five (45) feet in height above the average natural elevation of the ground at the foundation of the structure.
Fences, Retaining Walls, Driveways, Walkways, Patios
1. A zoning permit in a form approved by the Zoning Official is required for the construction of any fence 6 feet or less in height. A zoning permit is required for the construction of any retaining wall 4 feet or less in height including multiple stepped walls totaling 4 feet or less in combined height. No fence or wall shall exceed 6 feet in height in a residential zone nor 8 feet in height in nonresidential zones. No fence or wall shall be constructed within 6 inches of a property line or street side line. A zoning permit shall be required for any increase in size above the originally existing and Borough approved footprint, regardless of materials used, for driveways, walkways, and ground level patios.
2. No fence or wall running parallel to a principal building, which fence or wall exceeds four (4) feet in height, shall be constructed nearer to the side of the principal building to which it runs parallel than a distance which equals or exceeds the height of said fence or wall.
3. Necessary retaining walls over six (6) feet in height, and any related fences as may be required under the New Jersey Uniform Construction Code, shall only be permitted after a site plan review pursuant to Article 9 of this Ordinance.
4. Fencing shall not be allowed to extend beyond the rear front yard line of any building unless the fence is of an open type such a split rail or chain link, or any other fence at least 51% open, and such fence does not exceed four (4) feet in height. As indicated by Section 1003(j), a corner lot shall be considered as having two frontages. The provisions of this subsection shall not apply to lots under construction or lots where demolition of the approved structure on the lot has occurred, as determined by the Construction Official of the Borough. In such circumstances, six (6) foot high fencing shall be permitted around the perimeter of the lot or in such other location as the Construction Official in the reasonable exercise of their discretion may determine in order to protect the health and safety of the public in accordance with the provisions of the Borough Code of the Borough of Mountainside.
5. On residential properties, fencing shall not be allowed with barbed wire, sharp or pointed objects on top, electrification or similar devices or projections dangerous to man or animal. On nonresidential properties, no fencing shall be allowed with electrification, but barbed wire or similar fencing shall be permitted for security reasons, as a part of site plan review.
6. All fences shall be constructed with the finished side facing out.
Projections And Encroachments. Except as hereinafter specified, yards and courts required under this Ordinance shall be entirely free of buildings or parts thereof.
1. Cornices and eaves may project not to exceed three (3) feet over any required yard or court.
2. Sills, leaders, belt courses and similar ornamental or structural features may project six (6) inches into any required yard or court. An open fire balcony or fire escape may project into a required yard not more than four (4) feet.
3. Ground story bay windows or oriels may project not more than three (3) feet into any required front yard, rear yard or side yard in the R-1, R-2 and R-3 zoning districts.
Design Of Dwellings. No building or structure shall hereafter be erected, constructed, placed, altered or enlarged in any residence zone which shall be like or substantially like any neighboring building, as hereinafter defined, then in existence or for which a building permit has been issued or which is included in the same building permit application, in more than three (3) of the following six (6) respects.
1. Height of the main roof ridge, or, in the case of a building or structure 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 roofs shall be deemed identical in this dimension).
3. Length of the main roof ridge, or, in the case of a building or structure with a flat roof, length of the main roof.
4. Width between outside walls at the ends of the building or structure 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 (1) relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building or structure, and (2) either (a) height of any portion of the building or structure 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 (b) width of said portion of the building or structure if it has a gable in the front elevation, otherwise length of said roof ridge or said flat roof in the front elevation.
  
  Buildings or structures shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two (2) feet.
  
  Buildings or structures 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 a building or structure is sought to be erected, constructed, placed, altered or enlarged, a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it or any part of it has been or will be located is any one of the following lots:
  1. Any lot on the street upon which the building or structure is to be located on said premises would front which is the first or second lot next along said street in either direction from said premises, without regard to intervening street lines.
  2. Any lot any part of the street line frontage of which is across said street from said premises or from a lot referred to in Subparagraph A of this Paragraph.
  3. Any lot any part of the street line frontage of which faces the end of, and is within the width of, said street, if there are less than two (2) lots between said premises and the end of said street.
  4. Any lot on another street which adjoins said premises on such other street.
  5. Any lot any part of the street line frontage of which is across such other street from said premises or from a lot referred to in Subparagraph D of this Paragraph.
Maintenance Of Required Conditions. All requirements of this ordinance pertaining to fences, walls, buffer areas, trees, landscaping, curbs and paving that are shown on a site plan approved by the Planning Board shall be adequately maintained at all times by the applicant to always meet the conditions of said approved site plan. Any of the listed items in existence upon a property at the time of this Ordinance, whether previously required by the Planning Board or not, shall be adequately maintained at all times.
Airport Hazard Areas. All buildings and land uses in any airport hazard areas delineated under the Air Safety and Zoning Act of 1983, P.L. 1983, Chapter 260, shall conform to the standards promulgated by the Commissioner of Transportation pursuant to Section 5 of that act.
Critical Areas. Applications for development shall identify any area, condition or feature which is environmentally sensitive or which, if disturbed during construction, would adversely affect the environment. Density or land development intensity adjustment shall be made based upon the presence of environmental characteristics as identified in the following sections:
1. Critical areas include areas which are subject to flooding, wetlands, and slopes greater than 15 percent.
2. Lot size adjustments shall be made if at least 20 percent of a proposed building lot contains one or more of the features identified in (1) above. This adjustment shall apply whether the lot exists or whether it is proposed as a new lot. Portions of a lot which lie in a flood plain or in wetlands shall be credited at 25 percent toward total lot area calculations. Portions of a lot which have slopes of 15 to 20 percent shall be credited at 75 percent toward total lot area; those with slopes of 20 to 25 percent shall be credited at 50 percent toward total lot area; those with slopes of 25 to 35 percent shall be credited at 25 percent toward total lot area; and those with slopes greater than 35 percent shall be credited at 10 percent toward total lot area.
3. On all lots, these calculations of adjusted lot area shall apply to the zoning standards for minimum lot area, maximum building ground projection area, and maximum lot coverage.
4. Where development is proposed on slopes greater than 15 percent, as part of the subdivision or site plan application or for applications for building permits, the following additional information, prepared by a licensed New Jersey Engineer or Landscape Architect shall be submitted.
  1. Erodibility potential of exposed soils.
  2. Water table depth
  3. Nature and description of surface soils and ground cover
  4. Type and location of construction activity including site grading and access roads
  5. Volume of site grading to include a cut fill balance sheet, cross sections, and the volume and source of off site fill
  6. Provisions shall be made for the proper disposition of surface water runoff so that it will not create unstable or erosive conditions on the downward slope
  7. Appropriate storm drainage facilities shall be constructed as necessary for protection of downslope properties
  8. Any fill placed on the lot shall be properly stabilized and where found necessary, supported by retaining walls or other appropriate structures as approved by the Borough Engineer
  9. If revegetation and stabilization of filled and regraded areas cannot be made prior to vegetation growing weather, a temporary treatment adequate to prevent erosion shall be installed on those surfaces
    
    Existing residential dwellings or additions to existing residential dwelling shall be exempt from this provision.
Floor Area Ratio Regulation. A floor area ratio is calculated by dividing the habitable floor area of a dwelling by the lot area. Habitable floor area shall not include garage space, basement whether finished or unfinished, attic space, an open porch or breezeway.

ALLOWABLE SPEED ON ROAD	SIGHT DISTANCE IN FEET
25 MPH	175
30 MPH	250
35 MPH	325
40 MPH	400
45 MPH	450
50 MPH	500
55 MPH	550