Mountainside City Zoning Code

1009 R-2

Single Family Residence District

Primary Intended Use. This zoning district is limited to single family residential use. The only other uses permitted in this zone are:
1. Accessory uses customarily incident to the above uses 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 similar professional occupation which is 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 listed herein. The issuance of a state or local license for regulation of any occupation is not necessarily dispositive of the professional. Nothing contained herein shall be construed to permit farm animals or fowl of any kind; provided, however, riding horses are a permitted accessory 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 Section 1003(h).
4. Parking and parking facilities conforming to Section 1008(a)(4).
5. Public parks and playgrounds.
6. Private swimming pools as permitted and regulated in the R l Zone.
Prohibited Use. Any use other than those uses listed in Section 1009(a) is prohibited.
Required Conditions. The following requirements must be complied with in the R 2 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 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 eight (8) 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 fifteen thousand (15,000) square feet and a minimum lot width of one hundred (100) feet; provided, however, that no lot fronting on a cul de sac or curved street line shall measure less than fifty (50) feet along the arc of its front street property line. The minimum lot area of fifteen thousand (15,000) square feet shall be computed within one hundred fifty (150) 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. Any proposed subdivision of three or more lots shall have a minimum lot area of 20,000 sq ft and shall be further adjusted in accordance with 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 requirements.
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-2 Zone shall be .225.

HISTORY
Amended by Ord. 1340-2025 on 4/22/2025

1340-2025

Mountainside City Zoning Code

1009 R-2

Single Family Residence District

Primary Intended Use. This zoning district is limited to single family residential use. The only other uses permitted in this zone are:
1. Accessory uses customarily incident to the above uses 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 similar professional occupation which is 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 listed herein. The issuance of a state or local license for regulation of any occupation is not necessarily dispositive of the professional. Nothing contained herein shall be construed to permit farm animals or fowl of any kind; provided, however, riding horses are a permitted accessory 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 Section 1003(h).
4. Parking and parking facilities conforming to Section 1008(a)(4).
5. Public parks and playgrounds.
6. Private swimming pools as permitted and regulated in the R l Zone.
Prohibited Use. Any use other than those uses listed in Section 1009(a) is prohibited.
Required Conditions. The following requirements must be complied with in the R 2 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 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 eight (8) 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 fifteen thousand (15,000) square feet and a minimum lot width of one hundred (100) feet; provided, however, that no lot fronting on a cul de sac or curved street line shall measure less than fifty (50) feet along the arc of its front street property line. The minimum lot area of fifteen thousand (15,000) square feet shall be computed within one hundred fifty (150) 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. Any proposed subdivision of three or more lots shall have a minimum lot area of 20,000 sq ft and shall be further adjusted in accordance with 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 requirements.
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-2 Zone shall be .225.

HISTORY
Amended by Ord. 1340-2025 on 4/22/2025

1340-2025

Mountainside City Zoning Code

1009 R-2

Single Family Residence District

Primary Intended Use. This zoning district is limited to single family residential use. The only other uses permitted in this zone are:
1. Accessory uses customarily incident to the above uses 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 similar professional occupation which is 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 listed herein. The issuance of a state or local license for regulation of any occupation is not necessarily dispositive of the professional. Nothing contained herein shall be construed to permit farm animals or fowl of any kind; provided, however, riding horses are a permitted accessory 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 Section 1003(h).
4. Parking and parking facilities conforming to Section 1008(a)(4).
5. Public parks and playgrounds.
6. Private swimming pools as permitted and regulated in the R l Zone.
Prohibited Use. Any use other than those uses listed in Section 1009(a) is prohibited.
Required Conditions. The following requirements must be complied with in the R 2 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 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 eight (8) 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 fifteen thousand (15,000) square feet and a minimum lot width of one hundred (100) feet; provided, however, that no lot fronting on a cul de sac or curved street line shall measure less than fifty (50) feet along the arc of its front street property line. The minimum lot area of fifteen thousand (15,000) square feet shall be computed within one hundred fifty (150) 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. Any proposed subdivision of three or more lots shall have a minimum lot area of 20,000 sq ft and shall be further adjusted in accordance with 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 requirements.
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-2 Zone shall be .225.

HISTORY
Amended by Ord. 1340-2025 on 4/22/2025