Netcong City Zoning Code
§ 194-55
Provisions applicable to all zones.
A.
Principal structure.
(1)
No use shall be permitted on any lot on which there is no principal building or structure.
(2)
Only one principal building may be erected on a lot, except for related, compatible buildings constituting one basic use or operation under one management and limited to the following:
(3)
Unless otherwise regulated in this chapter, a principal building as permitted shall be at least 30 feet from another principal building.
B.
Minimum lot frontage. All lots must have a minimum width of 50 feet measured at the front street property line.
C.
Corner lots. Where a lot is bounded by more than one street, the front yard setback requirement from each abutting street shall be met.
D.
Sight triangles.
[Amended 11-11-1999 by Ord. No. 99-25]
(1)
A sight triangle shall be established at each quadrant of an intersection of streets as herein below set forth. The sight triangle is the area bounded by the intersecting street lines and a straight line which connect sight points located on each of the two intersecting street lines the following distances away from the intersecting street lines: arterial streets at 130 feet; collector streets at 60 feet; and minor streets at 35 feet. Where the intersecting streets are both arterial, both collectors or one arterial and one collector, two overlapping sight triangles will be required, formed by connecting the sight points noted above with a sight point 35 feet on the intersecting street. The classifications of existing and proposed streets shall be those shown on the adopted Master Plan or as designated by the Planning Board at the time of the application for approval for a new street not included in the Master Plan.
(2)
The sight triangle shall be a dedicated easement by deed to the Borough of Netcong as part of the street right-of-way. A sight triangle easement dedication shall be expressed on the plat as follows: "Sight triangle easement subject to grading, planting and construction restrictions as provided for in the Borough of Netcong Land Development Procedures Ordinance."
(3)
Within a sight triangle, there shall be no obstructions (such as embankments, fences, walls, hedges or other objects) erected or maintained more than 30 inches in height above the center-line grade of either intersecting streets or lower than eight feet above their center lines, excluding street name signs and official traffic regulation signs. All corners on new streets as well as corners on existing streets of new developments shall be clear of obstructions in the manner and to the limits described.
(4)
Street trees are permitted within the sight triangle easements; however, branches occurring in between the ground and eight feet above the grade shall be removed by the owner of the property. Shrubs are permitted within the sight triangle easements but shall not exceed a mature height of 30 inches and shall be regularly trimmed by the owner of the property to maintain a maximum height of 30 inches.
(5)
Portions of a lot set aside for the sight triangle may be used in calculating the lot area and may be included in establishing the minimum setbacks required by the zoning provisions.
E.
Off-street parking areas.
(1)
All off-street parking areas shall be surfaced with an asphalt, bituminous or cement binder pavement which shall be graded and drained to dispose of all surface water as approved by the Borough Engineer. This shall not be construed to require asphalt, bituminous or cement binder pavement for off-street parking spaces for residential structures in the residential zones.
(2)
Any lighting in connection with off-street, parking shall be so arranged and shielded as to reflect the light downward away from all adjoining residence buildings, residence zones or streets.
(3)
The off-street parking area shall be effectively screened on any side which adjoins or faces premises situated in any residence zone district by a fence or wall not less than four nor more than six feet in height, maintained in good condition; provided, however, that a screening of hedge or other natural landscaping may be substituted for the required fence or wall if approved by the Planning Board. No part of any parking area shall be closer than 10 feet to any school, hospital or other institutional building situated on any contiguous lot unless screened by an unpierced masonry wall not less than four nor more than six feet in height. This shall not be construed to require screening for off-street parking spaces for residential uses.
(4)
Each off-street parking area hereinafter created within the Borough of Netcong shall be subject to the approval of the Planning Board to ensure its adequacy to provide for traffic safety, to provide ingress and egress for emergency vehicles, to protect adjacent properties and to further ascertain that all requirements of this chapter are complied with.
(5)
All off-street parking areas shall be used solely for the parking of passenger automobiles, and no commercial repair work or service of any kind shall be conducted on such parking lot. No sign other than entrance, exit and regulatory signs shall be maintained.
(6)
The amount of off-street parking area to be graded may be reduced by the approving authority if it can be clearly demonstrated by the applicant that such additional parking area is not necessary; however, the entire amount of ungraded parking area must at all times be made available for parking in the event that future conditions should so require.
(7)
Parking requirements for residential land uses: These provisions are intended to mirror the provisions of the New Jersey Residential Site Improvement Standards (N.J.A.C. 5:21-4 et seq.) and shall be amended or supplemented to the same degree and at the same time as amendments and supplements to the Residential Site Improvement Standards are established and effective. When determination of the required total number of parking spaces for a development results in a fractional space for the entire development, any fraction of one half or less may be disregarded, while a fraction in excess of one half will be counted as one parking space. Off street parking requirements for a combination of uses shall be computed separately and then added together to compute the total number of required parking spaces. Attached units' parking requirements (i.e., apartments, condominiums, townhouses) below include guest parking of 0.5 space per dwelling unit which may be supplied on site in common parking areas or on the street as permitted by law.
[Added 10-13-2016 by Ord. No. 2016-14]
Type of Residential Use | Parking Requirement |
|---|---|
SINGLE-FAMILY DETACHED | |
2 Bedroom | 1.5 |
3 Bedroom | 2.0 |
4 Bedroom | 2.5 |
5 Bedroom | 3.0 |
TWO-FAMILY (duplex) | Use single-family detached values applied to each unit. |
GARDEN APARTMENT | |
1 Bedroom | 1.8 |
2 Bedroom | 2.0* |
3 Bedroom | 2.4 |
HIGH-RISE APARTMENT COMPLEX | |
1 Bedroom | 0.8 |
2 Bedroom | 1.3* |
3 Bedroom | 1.9 |
MID-RISE APARTMENT | Garden apartment values shall apply. |
RETIREMENT COMMUNITY | Values shall be commensurate with the most appropriate housing unit type and size noted above that the retirement community resembles. |
ASSISTED LIVING | 0.5 per bed |
* | Where the applicant does not specify the number of bedrooms per unit, this parking requirement shall apply. |
(8)
Parking requirements for nonresidential uses. All nonresidential developments shall comply with the following off-street parking requirements. To the extent that a particular nonresidential land use is not identified below and does not fall into a similar category of one that is identified, such nonresidential land use shall have not less than one space per 200 square feet of gross floor. When determination of the required total number of parking spaces for a development results in a fractional space for the entire development, any fraction of one half or less may be disregarded, while a fraction in excess of one half will be counted as one parking space. Off-street parking requirements for a combination of uses shall be computed separately and then added together to compute the total number of required parking spaces.
[Added 10-13-2016 by Ord. No. 2016-14]
NONRESIDENTIAL USE | REQUIRED OFF-STREET PARKING SPACES PER INDICATED AREA | ||
|---|---|---|---|
AUTOMOBILE SALES | 1 per employee plus 1 per 10 acres displayed | ||
ASSEMBLY OPERATIONS | 1 per 800 square feet of gross floor area | ||
BARS, RESTAURANTS AND NIGHTCLUBS | 1 per 2 seats of bar space; 1 per 3 seats of restaurant table space | ||
BOWLING ALLEYS | 4 per alley | ||
CAR WASHES | 10 per washing lane | ||
PLACES OF ASSEMBLY SUCH AS CHURCHES, SIGNAGOGUES, MOSQUES, MEETING HALLS AND OTHER PLACES OF ASSEMBLY, RELIGIOUS OR OTHERWISE | 1 per 3 seats | ||
BANKS, FINANCIAL SERVICE CENTERS AND SIMILAR FINANCIAL INSTITUTIONS | 1 per 400 square feet of gross floor area | ||
HOTELS AND MOTELS | 1 per guest room, plus 5 per 1,000 square feet of gross floor nonroom area | ||
INDUSTRIAL USES | 1 per 800 square feet of gross floor area | ||
LIBRARIES | 1 per 300 square feet of gross floor area | ||
MANUFACTURING | 1 per 800 square feet of gross floor area | ||
EMERGENCY MEDICAL CENTERS AND THE LIKE | 1 per 200 square feet of gross floor area | ||
OFFICES | 1 per 250 square feet of gross floor area | ||
RESEARCH | 1 per 1,000 square feet of gross area | ||
FAST FOOD ESTABLISHMENT WITH DRIVE THRU FACILITIES | 1 per 50 square feet of gross floor area plus 1 per 3 seats if there is dining in | ||
RETAIL STORES | 1 per 200 square feet of gross floor area | ||
SCHOOLS | |||
Elementary schools | 1.5 per classroom, but not less than 1 per teacher and staff | ||
Intermediate schools | 2.5 per classroom, but not less than 1 per teacher and staff | ||
Secondary | 3.0 per classroom, but not less than 1 per teacher and staff | ||
PUBLIC GARAGE (SERVICE STATION) | 4 per bay and work area | ||
WAREHOUSES | 1 per 2,000 square feet of gross floor area | ||
DOCTORS AND DENTIST OFFICES | 1 per 200 square feet of gross floor area | ||
FUNERAL HOMES AND MORTUARIES | 1 per 150 square feet of gross floor area | ||
HOSPITALS, NURSING AND CONVALESCENT HOMES | 1.2 for each bed | ||
F.
Public utilities and institutions. Public utilities and any public or institutional uses may be located in any of the zone districts as conditional uses pursuant to N.J.S.A. 40:55D-67.
G.
House trailers. The parking of house trailers in any zone for a period longer than 48 hours during any calendar month is prohibited, except that the prohibition shall not extent to one unoccupied house trailer owned by the property owner in a residential district if garaged or if parked within the yard setback requirements of the zone in which it is parked.
H.
Signs.
[Amended 6-14-2001 by Ord. No. 2001-8; 12-12-2002 by Ord. No. 2002-19]
(1)
Permit required. Except as provide in Subsection H(2) below, no person shall construct, erect, replace, modify or alter any sign within the Borough of Netcong without a sign permit. An application for a sign permit shall be made to the Zoning Officer and, where required by the New Jersey Uniform Construction Code, a building permit shall have been obtained by the Construction Official. In the case of a freestanding sign, a plot plan of the lot shall be required as part of the zoning application showing the location of buildings, parking lots, driveways, landscaped areas and all other existing and proposed signs.
(2)
Permit exemptions. Exemptions shall not be construed as relieving the owner of such signs from the responsibility of complying with applicable provisions of this subsection. The exemption shall apply to the requirement for a sign permit only. No sign permit shall be required for the following signs:
(a)
Any public notice or warning required by a valid and applicable federal, state, county or local law, regulation or ordinance;
(b)
Any informational or advertisement sign which is inside a window;
(c)
Holiday lights and decorations with no commercial message;
(d)
Any sign indicating the name of a building and/or date of construction and/or other incidental information about its construction, which sign is cut into a masonry surface or made of bronze or similar permanent material, including historic tablets, cornerstones, memorial plaques and emblems which do not exceed four square feet in area;
(e)
Traffic control signs on private property, the face of which meets the Department of Transportation standard and which contain no commercial message of any sort;
(f)
Flags of the United States, New Jersey, the Borough of Netcong, foreign nations or decorative in nature;
(g)
Signs or banners advertising public or quasi-public events that are posted with the permission of the Borough Council;
(h)
Pump-mounted fuel price information signs; and
(i)
United States postal regulation mailboxes.
(3)
Measurement of sign area. For purposes of this section, signs shall be measured as follows:
(a)
Individual signs. The area of a sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof, that will encompass the extreme limits of the writing, graphic illustration, picture, symbol or display, together with any material or color forming an integral part of the background of the sign and used to differentiate the sign front from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning regulations and is clearly incidental to the sign itself. No sign shall have more than two display faces. The sign area for a sign with two faces shall be computed by adding together the area of all sign faces visible from any one point. When a sign having two faces is such that both faces cannot be viewed from any point at the same time, the sign area shall be computed by the measurement of the larger of the two faces.
(b)
Window signs. For purposes of calculating window signs, a window shall be considered the glazed area. Signs which are required by county, state or federal agencies are exempt from calculation of permanent and temporary signage up to the minimum size required by such agencies. The area of the sign in excess of the minimum shall be subject to the sign calculation. In the event no size requirement is imposed by such agency, the sign shall not exceed one square foot.
(c)
Measurement of height of freestanding signs. The height of a freestanding sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign excluding decorative hardware. Normal grade shall be construed to be the lower of existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding or excavation solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public road or the grade of the land at the principal entrance to the principal structure on the lot, whichever is lower.
(4)
General regulations. The following general regulations shall apply to all signs within the Borough of Netcong:
(a)
Signs affixed to the exterior of a building shall be architecturally compatible with the style, composition, materials, colors and details of the building as well as with other signs used on the building or in its vicinity.
(b)
All signs shall be designed to fit within the existing facade features of the building and shall not interfere with door and window openings, conceal architectural details or obscure the composition of the facade on which they are located.
(c)
Whenever possible, signs located on buildings within the same block front shall be placed at the same height to establish an orderly and consistent sign band along the street frontage.
(d)
Wood, painted metal and durable composite materials of similar appearance texture and density are the preferred materials for signs. Flat signs shall be framed with raised edges. Only high-quality exterior grade materials and finishes shall be used.
(e)
Sign colors shall be visually compatible with the colors of the building facade and adjoining buildings.
(f)
No sign shall extend or project above the highest elevation of the wall to which it is attached or above the lowest part of the roofline of the building, whichever is less.
(g)
Electric wiring associated with a sign shall be concealed to the greatest extent possible.
(h)
Signs shall be either spotlighted or backlighted with a diffused light source.
(i)
Internally illuminated signs shall have characters, letters, figures and designs which are illuminated by electric lights as part of the sign proper with dark or translucent background. Signs lit by external sources shall be allowed but shall be located in such a manner so as to avoid glare onto adjacent property and the view of vehicular traffic.
(j)
One flag per business premises displaying only a generic logo or design shall be allowed. Such flag shall be no larger than three feet by five feet and it must be hung from the ground floor facade at least 10 feet above ground level and it shall project no more than three feet from the building facade.
(k)
All signs shall be placed in accordance with the provisions of the zone in which they are located.
(5)
Prohibited signs.
(a)
No off-site advertising sign shall be erected, used or maintained within the Borough of Netcong; provided, however, that this regulation shall not apply to temporary signs, otherwise permitted by this subsection, that advertise special events sponsored by nonprofit social, religious, political or cultural organizations or institutions.
(b)
No sign shall be placed on fences, utility poles, trees, railway or road bridges, bridge supports or abutments, retaining walls or water towers unless approved by the Borough Council and otherwise permitted by law.
(c)
No sign shall be flashing, blinking, oscillating or animated or have any moving parts.
(d)
No sign shall be allowed with optical illusion of movement by means of a design which presents a pattern capable of reverse perspective giving the illusion of motion or changing of copy.
(e)
No advertising shall be allowed on any street furniture except as a monument or plaque.
(f)
No televised advertising in a window shall be allowed.
(g)
The use and display of temporary portable signs or windsocks, banners, strings, streamers, pennants, spinners or similar objects and devices across, upon, over or along any premises or building, whether as part of any sign or for advertising or public attraction, is prohibited in any nonresidential zone except for:
[1]
Temporary displays in business or commercial zones as provided in § 194-55H(14); or
[2]
Temporary decorations customarily used in holidays or for special events as may be approved by the Borough Council.
(h)
No sign shall be allowed which obstructs any window or door opening used as a means of egress, interferes with an opening required for legal ventilation or is attached to or obstructs any standpipe, fire escape or fire hydrant.
(i)
No sign shall be allowed which obstructs the view of vehicle operators or pedestrians entering a public roadway from any parking area, service drive, public driveway, alley or other thoroughfare.
(j)
No sign shall be so placed, colored or lighted as to impede or interfere in any way with the operation of a traffic light, directional signal or general traffic vision.
(k)
No sign element shall be interpreted as part of the architectural element of the building with the exception of a marquee of a functioning theater.
(l)
No inflatable signs or tethered balloons shall be allowed.
(m)
No neon or gas-filled decorations which outline facade elements or windows are allowed.
(n)
No temporary signs shall be allowed except as detailed in § 194-55H(14).
(6)
Nonconforming signs. No nonconforming sign may be enlarged or altered in any way which would increase its nonconformity.
(7)
Removal of certain signs. In the event a business ceases operation for in excess of 60 days, except for seasonal businesses, the sign owner, lessee or property owner shall immediately remove any sign identifying or advertising said business or any product sold thereby.
(8)
Sign permit revocable. All rights and privileges acquired under the provisions of this chapter or any amendment thereto are revocable at any time by the Zoning Officer if the applicant fails to accurately depict the sign erected or to be erected or if the sign fails to meet the details of the information provided on the application.
(9)
Signs permitted in the R-1, R-1A, R-2, R-3 and R-3A Residential Districts. Within the R-1, R-1A, R-2, R-3 and R-3A Residential Districts, the following signs shall be permitted: name or announcement sign of a church, parish house or public or semipublic building and “for sale” or “for rent” signs which are not over six square feet in area, provided that no sign shall be erected nearer any street or road than half the setback required for the principal building erected or to be erected on said lot, and provided further that the sign is used only with reference to the premises upon which it is erected.
[Amended 11-13-2003 by Ord. No. 2003-11]
(10)
Signs in R-4 Garden Apartment District.
(11)
Signs in B Commercial Business Districts.
(a)
Permitted signs are as follows:
[1]
One freestanding sign per road frontage, not to exceed 30 square feet and no higher than 20 feet to the top of the sign. The sign is not permitted to be closer than one-half the distance between the building and the property line.
[2]
No more than two building-mounted signs are permitted. The total of all mounted signs shall not exceed 10% of the building facade area upon which the sign is to be mounted or 45 square feet, whichever is less.
[3]
Shingle-style signs shall not exceed six square feet and are not subject to the area limits in Subsection H(11)(a)[2].
[4]
One directional or identification sign is permitted per entrance not to exceed four square feet each and are not subject to the area limits in Subsection H(11)(a)[2].
(12)
Signs in B-C Borough Center District.
(a)
Permitted signs are as follows:
[1]
All signs shall be architecturally compatible with an overall turn-of-the-century character.
[2]
One freestanding sign not to exceed 30 square feet and no higher than eight feet to the top of the sign. The sign is not permitted to be closer than five feet to the property line.
[3]
Building-mounted signs:
[a]
Single-tenant buildings: one building-mounted sign not to exceed 10% of the building facade area upon which the sign is to be mounted or 30 square feet, whichever is less.
[b]
Multitenant buildings: one sign per tenant with an aggregate sign area not to exceed 15% of the building facade area upon which the sign is to be mounted or 45 square feet, whichever is less.
[4]
Shingle-style signs shall not exceed six square feet and are not subject to the area limits in Subsection H(12)(a)[3].
[5]
One directional or identification sign is permitted per entrance not to exceed four square feet each and are not subject to the area limits in Subsection H(12)(a)[3].
(13)
Signs in the LOR, I-1, I-2 and I-3 Industrial Districts.
(a)
Permitted signs are as follows:
[1]
One freestanding sign not to exceed 30 square feet for single-tenant buildings up to 45 square feet for multitenant buildings.
[2]
One building-mounted sign per tenant not to exceed 15 square feet each.
[3]
Entrance and loading dock identification signs not to exceed six square feet each.
[4]
Freestanding directional signs not to exceed six square feet each.
(14)
Temporary signs and banners. The construction, erection, replacement or alteration of any temporary sign or banner advertising a grand opening or special sales event on a commercial premises shall be permitted upon approval of the Zoning Officer under the following conditions:
(a)
One temporary sign or banner not exceeding 24 square feet designed to advertise a grand opening celebration of a commercial establishment may be erected and maintained on the commercial premises which is the subject of said grand opening celebration for a period of 14 days prior to said event and for seven days thereafter. Streamers, pennants, balloons and other like accessory decorations may also be erected during the above time period.
(b)
One temporary sign or banner not exceeding 24 square feet designed to advertise a special sales event may be erected and maintained on the commercial premises conducting said event for a period not in excess of 21 calendar days. The erection of a temporary sign or banner advertising a special sales event shall be limited to five events per year per commercial establishment.
(c)
No person shall construct, erect, replace or alter any temporary sign or banner under the provisions of this subsection without first obtaining a zoning permit. An application for a temporary sign or banner shall be made to the Zoning Officer upon forms provided by the Borough. An application fee of $10 shall be paid to the Borough upon the filing of said application.
I.
Fences, walls and living fences.
[Amended 10-9-2014 by Ord. No. 2014-12]
(1)
No person may construct or maintain any fence, wall or living fence in any zone district without a zoning permit. An application to construct or maintain a fence, wall or living fence shall be made to the Zoning Officer, which application shall include plans of sufficient detail to administer this section and comply with the following:
(a)
No fence, wall or living fence which exceeds three feet in height shall be constructed or maintained between the street right-of-way line and the front foundation wall of the main building.
(b)
No fence, wall or living fence which exceeds four feet in height shall be constructed.
(c)
No fence, wall or living fence which exceeds three feet in height may be constructed on a corner lot.
(d)
No fence having one decorative exterior side and one nondecorative interior side shall be permitted in any residential zone unless the decorative exterior side shall face away from the applicant's property and towards the adjoining property or street.
(2)
Whenever the construction or maintenance of a fence, wall or living fence is part of an application for development, no permit shall be issued without the approval of the approving authority.
(4)
Fences or other enclosures shall be maintained in such a manner as to assure the structural integrity of the fence, to prevent all or portions of the fence from encroaching over the property line of adjoining owners, and shall be further maintained so as to prohibit an unsightly appearance to adjoining property owners. "Unsightly appearance" shall include the following:
(a)
Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from extending beyond the height limitations imposed under this chapter.
(b)
Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from growing beyond the property line over to the adjoining properties.
(c)
Living fences that include shrubs or other plantings that have died.
(d)
Painted fences or other enclosures whereon paint has chipped or peeled from more than 25% of the surface area of the fence.
(e)
Fence posts which have become loosened or which were installed in such a manner as to be leaning more than 15° from the fence line.
(f)
In the case of picket fences, where more than 10% of the pickets have fallen, been removed or rotted in any given ten-linear-foot section of such fence.
(g)
In the case of slatted or other solid-wall fences, where more than 10% of the surface of the fence has been removed, fallen or rotted in any given ten-linear-foot section of such fence.
J.
Soil removal and grading.
(1)
Topsoil shall not be removed from the site during construction but shall be stored and redistributed to areas most exposed to view by occupants and the public, and such areas shall be stabilized by seeding or planting.
(2)
The land shall be so graded, paved areas so pitched and storm drains and catch basins so located as to provide rapid runoff to stormwaters and to avoid undue accumulations of water disturbing to occupants, under the normal range of weather conditions.
K.
The keeping or grazing of farm animals shall be permitted as an accessory use in residential zones only, provided that there shall be a minimum of one acre for the keeping of the first two animals and an additional minimum of one acre for each additional animal. Keeping or maintaining fowl shall require one acre for the first 20 fowl and an additional acre for each additional group of 20 fowl or fraction thereof. If there are animals and fowl both maintained on the same premises, the minimum lot size shall commence at three acres.
[Added 10-10-2013 by Ord. No. 2013-11]
L.
Cannabis establishments and uses prohibited. The operation of certain classes of cannabis establishments as defined by P.L. 2021, c. 16,[2] including cannabis cultivators, manufacturers, distributors, wholesalers, testing facilities, delivery services, medical cannabis dispensaries, alternative cannabis treatment centers, including such operators holding a medical cannabis dispensary permit pursuant to P.L. 2009, c. 307 (N.J.S.A. 24:61-7) are expressly prohibited uses within the jurisdictional borders of the Borough of Netcong.
[Added 6-10-2021 by Ord. No. 2021-9; amended 10-12-2023 by Ord. No. 2023-16; 12-14-2023 by Ord. No. 2023-23]
[2]
Editor's Note: See N.J.S.A. 2C:35-10a.