Mountainside City Zoning Code

1008 R-1

Single Family Residence District

Primary Intended Use. This zoning district is designed for single family residential use. The only other uses permitted in this zone are:
1. Accessory uses customarily incident to the above use provided they do not include any activity commonly conducted for gain; provided, however, the home office of a member of a recognized profession is permitted if said professional office is incidental to the residential occupation, is conducted by a member of the residential family entirely within a residential building and the office is that of a doctor, physician, dentist, optometrist, minister, architect, landscape architect, professional engineer, lawyer, artist, author, musician or any other another similar professional occupation which may be so designated as similar by the Planning Board upon a finding that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation in no way adversely affects the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional occupations listed herein. The issuance of a state or local license for regulation of any occupation is not necessarily dispositive of the professional character required by this subsection. Nothing contained herein shall be construed to permit farm animals or fowl of any kind; provided, however, riding horses are a permitted accessory use if they are kept within an enclosure which will prohibit said horses from coming closer than fifty (50) feet to any property line.
  1. Said practitioner shall be the owner or lessee of such residence.
  2. Said practitioner shall reside in the subject residence.
  3. Said practitioner shall not have the services of more than one (1) other employee in his employ assisting in his practice (who need not be resident therein).
  4. Such office shall be limited to the first floor in such residence and shall not occupy an aggregate amount of space in excess of fifty per cent (50%) of the floor area of such first floor.
  5. No patient shall remain therein overnight.
2. Conditional uses as permitted and regulated in Section 1004.
3. Private garages as regulated in 1003(h).
4. Parking and parking areas in conformance with Section 914 (b)(20), provided that where the principal use is residential, parking shall only be permitted in areas paved or covered with gravel which, together with any driveway or similar access, cover no more than 30 percent of the front yard area. Any access to such parking areas shall be through a curb cut, and that portion of the access from the street pavement to the property line shall be paved.
5. Private swimming pools; provided, however, all appurtenances and the water line of said pool shall not be closer than ten (10) feet to any side or rear lot line, and on corner lots no part of any private swimming pool shall be constructed within the front yard requirement for either street.
  1. Lights used or maintained in connection with a private swimming pool shall be so located that the direct source of light is not visible from an adjacent property.
  2. No private swimming pool shall be used other than as an accessory use.
Prohibited Use. Any use other than those uses listed in 1008(a) is prohibited.
Required Conditions. The following requirements must be complied with in the R l Residence District.
1. Height. No building shall exceed a maximum of two and one half (2 1/2) stories or thirty-five (35) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than thirty (30) feet.
3. Side Yard. There shall be two (2) side yards, neither of which shall be less than ten (10) feet or ten per cent (10%) of the lot width, whichever is the greater.
4. Rear Yard. There shall be a rear yard of at least thirty (30) feet.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty thousand (20,000) square feet and a minimum lot width of one hundred ten (110) feet; provided, however, that no lot fronting on a cul de sac or curved street shall measure less than fifty (50) feet along the arc of its front street property line. The minimum lot area of twenty thousand (20,000) square feet shall be computed within two hundred (200) feet of the front street side line, and shall be adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance.
6. Maximum Building Size. No single family building shall have a foundation area, measured by the whole outer boundary of ground penetration, which exceeds fifteen percent (15%) of the lot area as adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance. Where present, porches, decks, or any other ground projection structures, including roof and building overhangs, shall not exceed twenty five percent (25%) of the maximum building size requirement.
7. Maximum Lot Coverage. Lot coverage shall not exceed thirty percent (30%) of the lot area as adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance.
8. Floor Area Ratio. A Floor area ratio for the R-1 Zone shall be .225. The maximum floor area ratio (FAR) for any residential zone shall be 0.225.

Mountainside City Zoning Code

1008 R-1

Single Family Residence District

Primary Intended Use. This zoning district is designed for single family residential use. The only other uses permitted in this zone are:
1. Accessory uses customarily incident to the above use provided they do not include any activity commonly conducted for gain; provided, however, the home office of a member of a recognized profession is permitted if said professional office is incidental to the residential occupation, is conducted by a member of the residential family entirely within a residential building and the office is that of a doctor, physician, dentist, optometrist, minister, architect, landscape architect, professional engineer, lawyer, artist, author, musician or any other another similar professional occupation which may be so designated as similar by the Planning Board upon a finding that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation in no way adversely affects the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional occupations listed herein. The issuance of a state or local license for regulation of any occupation is not necessarily dispositive of the professional character required by this subsection. Nothing contained herein shall be construed to permit farm animals or fowl of any kind; provided, however, riding horses are a permitted accessory use if they are kept within an enclosure which will prohibit said horses from coming closer than fifty (50) feet to any property line.
  1. Said practitioner shall be the owner or lessee of such residence.
  2. Said practitioner shall reside in the subject residence.
  3. Said practitioner shall not have the services of more than one (1) other employee in his employ assisting in his practice (who need not be resident therein).
  4. Such office shall be limited to the first floor in such residence and shall not occupy an aggregate amount of space in excess of fifty per cent (50%) of the floor area of such first floor.
  5. No patient shall remain therein overnight.
2. Conditional uses as permitted and regulated in Section 1004.
3. Private garages as regulated in 1003(h).
4. Parking and parking areas in conformance with Section 914 (b)(20), provided that where the principal use is residential, parking shall only be permitted in areas paved or covered with gravel which, together with any driveway or similar access, cover no more than 30 percent of the front yard area. Any access to such parking areas shall be through a curb cut, and that portion of the access from the street pavement to the property line shall be paved.
5. Private swimming pools; provided, however, all appurtenances and the water line of said pool shall not be closer than ten (10) feet to any side or rear lot line, and on corner lots no part of any private swimming pool shall be constructed within the front yard requirement for either street.
  1. Lights used or maintained in connection with a private swimming pool shall be so located that the direct source of light is not visible from an adjacent property.
  2. No private swimming pool shall be used other than as an accessory use.
Prohibited Use. Any use other than those uses listed in 1008(a) is prohibited.
Required Conditions. The following requirements must be complied with in the R l Residence District.
1. Height. No building shall exceed a maximum of two and one half (2 1/2) stories or thirty-five (35) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than thirty (30) feet.
3. Side Yard. There shall be two (2) side yards, neither of which shall be less than ten (10) feet or ten per cent (10%) of the lot width, whichever is the greater.
4. Rear Yard. There shall be a rear yard of at least thirty (30) feet.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty thousand (20,000) square feet and a minimum lot width of one hundred ten (110) feet; provided, however, that no lot fronting on a cul de sac or curved street shall measure less than fifty (50) feet along the arc of its front street property line. The minimum lot area of twenty thousand (20,000) square feet shall be computed within two hundred (200) feet of the front street side line, and shall be adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance.
6. Maximum Building Size. No single family building shall have a foundation area, measured by the whole outer boundary of ground penetration, which exceeds fifteen percent (15%) of the lot area as adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance. Where present, porches, decks, or any other ground projection structures, including roof and building overhangs, shall not exceed twenty five percent (25%) of the maximum building size requirement.
7. Maximum Lot Coverage. Lot coverage shall not exceed thirty percent (30%) of the lot area as adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance.
8. Floor Area Ratio. A Floor area ratio for the R-1 Zone shall be .225. The maximum floor area ratio (FAR) for any residential zone shall be 0.225.

Mountainside City Zoning Code

1008 R-1

Single Family Residence District

Primary Intended Use. This zoning district is designed for single family residential use. The only other uses permitted in this zone are:
1. Accessory uses customarily incident to the above use provided they do not include any activity commonly conducted for gain; provided, however, the home office of a member of a recognized profession is permitted if said professional office is incidental to the residential occupation, is conducted by a member of the residential family entirely within a residential building and the office is that of a doctor, physician, dentist, optometrist, minister, architect, landscape architect, professional engineer, lawyer, artist, author, musician or any other another similar professional occupation which may be so designated as similar by the Planning Board upon a finding that such occupation is truly professional in character by virtue of the need for similar training and experience as a condition for the practice thereof and that the practice of such occupation in no way adversely affects the safe and comfortable enjoyment of property rights in any zone to a greater extent than for the professional occupations listed herein. The issuance of a state or local license for regulation of any occupation is not necessarily dispositive of the professional character required by this subsection. Nothing contained herein shall be construed to permit farm animals or fowl of any kind; provided, however, riding horses are a permitted accessory use if they are kept within an enclosure which will prohibit said horses from coming closer than fifty (50) feet to any property line.
  1. Said practitioner shall be the owner or lessee of such residence.
  2. Said practitioner shall reside in the subject residence.
  3. Said practitioner shall not have the services of more than one (1) other employee in his employ assisting in his practice (who need not be resident therein).
  4. Such office shall be limited to the first floor in such residence and shall not occupy an aggregate amount of space in excess of fifty per cent (50%) of the floor area of such first floor.
  5. No patient shall remain therein overnight.
2. Conditional uses as permitted and regulated in Section 1004.
3. Private garages as regulated in 1003(h).
4. Parking and parking areas in conformance with Section 914 (b)(20), provided that where the principal use is residential, parking shall only be permitted in areas paved or covered with gravel which, together with any driveway or similar access, cover no more than 30 percent of the front yard area. Any access to such parking areas shall be through a curb cut, and that portion of the access from the street pavement to the property line shall be paved.
5. Private swimming pools; provided, however, all appurtenances and the water line of said pool shall not be closer than ten (10) feet to any side or rear lot line, and on corner lots no part of any private swimming pool shall be constructed within the front yard requirement for either street.
  1. Lights used or maintained in connection with a private swimming pool shall be so located that the direct source of light is not visible from an adjacent property.
  2. No private swimming pool shall be used other than as an accessory use.
Prohibited Use. Any use other than those uses listed in 1008(a) is prohibited.
Required Conditions. The following requirements must be complied with in the R l Residence District.
1. Height. No building shall exceed a maximum of two and one half (2 1/2) stories or thirty-five (35) feet in height, whichever is the lesser.
2. Front Yard. There shall be a front yard of not less than thirty (30) feet.
3. Side Yard. There shall be two (2) side yards, neither of which shall be less than ten (10) feet or ten per cent (10%) of the lot width, whichever is the greater.
4. Rear Yard. There shall be a rear yard of at least thirty (30) feet.
5. Minimum Lot Area. Each lot shall have a minimum lot area of twenty thousand (20,000) square feet and a minimum lot width of one hundred ten (110) feet; provided, however, that no lot fronting on a cul de sac or curved street shall measure less than fifty (50) feet along the arc of its front street property line. The minimum lot area of twenty thousand (20,000) square feet shall be computed within two hundred (200) feet of the front street side line, and shall be adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance.
6. Maximum Building Size. No single family building shall have a foundation area, measured by the whole outer boundary of ground penetration, which exceeds fifteen percent (15%) of the lot area as adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance. Where present, porches, decks, or any other ground projection structures, including roof and building overhangs, shall not exceed twenty five percent (25%) of the maximum building size requirement.
7. Maximum Lot Coverage. Lot coverage shall not exceed thirty percent (30%) of the lot area as adjusted in accordance with the Critical Area provisions set forth in Section 1003(z) of this Ordinance.
8. Floor Area Ratio. A Floor area ratio for the R-1 Zone shall be .225. The maximum floor area ratio (FAR) for any residential zone shall be 0.225.