Netcong City Zoning Code
§ 194-56
R-1, R-1A, R-2, R-3 and R-3A Residential Districts.
[Amended 9-10-1998 by Ord. No. 98-12; 12-10-1998 by Ord. No. 98-17; 11-13-2003 by Ord. No. 2003-11]
A.
Primary intended uses. The following uses are permitted in the R-1, R-1A, R-2, R-3 and R-3A Residential Districts:
(1)
Single-family detached dwellings.
(2)
Churches, parish houses and burial mausoleums, owned by the church and located on the same lot or on a lot contiguous to the church property. Burial mausoleums shall be subject to Schedule I, Area and Bulk Requirements,[1] of Article VIII, Zoning, for the particular district in which the burial mausoleum is located.
[1]
Editor's Note: Schedule I, Area and Bulk Requirements, is included at the end of this chapter.
(3)
Essential services such as municipal buildings, police and fire stations, libraries, public parks and playgrounds and schools.
B.
Accessory uses. Accessory uses customarily incident to residential uses shall be permitted in the residential zone district, provided that:
(1)
No accessory building shall exceed 15 feet in height.
(2)
Accessory buildings shall be at least 10 feet from any principal building situated on the same lot, unless an integral part thereof, and shall be at least five feet from any other accessory building.
(3)
Accessory buildings on corner lots may not be erected nearer to the street than the front yard required on the adjacent lot.
(4)
No accessory building shall be built in the front yard; nor shall an accessory building located within the rear yard be built closer than five feet to a side lot line nor closer than five feet to the rear lot line.
(5)
Accessory buildings built within the side yard shall meet the side yard requirements for the principal building.
C.
Garages. No zoning permit shall hereafter be granted for the erection of a new dwelling nor a certificate of occupancy issued therefor unless there shall be included in such construction a garage, carport or approved shelter for not more than three motor vehicles, connected by an adequately surfaced driveway to the adjacent street, road or lane. One commercial vehicle of a licensed capacity not exceeding one ton, owned and used by a resident of the premises, shall be permitted to be regularly or intermittently kept on the lot in a residential district.
D.
Swimming pools. Private residential pools are hereby permitted as an accessory in single-family residential zones. Before the issuance of a permit for the construction and occupancy of a pool is granted, all of the following regulations and standards must be complied with:
(1)
All pools shall be located only in rear yard areas.
(2)
Pools shall occupy no more than 25% of the rear yard area or a maximum of 800 square feet as measured along the surface of the water, whichever is smaller.
(3)
No edge of any pool shall be closer than 10 feet to any building or any lot line.
(4)
The rear yard area or some other smaller portion of the rear yard area shall be completely enclosed with fencing no less than four feet in height nor more than six feet in height in order to deny accidental access to the pool.
(5)
The pool may be lighted by both underwater and exterior lights, provided that all exterior lights are located so that the light is neither directed nor reflected upon adjacent properties. Standards used for exterior lighting shall not exceed 12 feet in height. All lighting shall comply with the applicable National Electrical Code and shall be placed in such a manner as not to be a nuisance or annoyance to neighboring properties.
(6)
No public amplifying shall be used with a private swimming pool.
E.
Open space requirements in the R-3 Residential District.
(1)
The minimum lot area in major subdivision developments within the R-3 Residential District may be reduced from 8,000 square feet to not less than 6,000 square feet.
(2)
The Planning Board shall not approve a subdivision development plan that will result in a greater population density than if the property in question were developed at the above-mentioned eight-thousand-square-foot density requirement. The maximum density for the entire subdivision, exclusive of streets, shall be no greater than one dwelling unit per 8,000 square feet.
(3)
No lot so reduced shall have a width parallel to the front street property line of less than 70 feet at a distance of 100 feet from the street property line and shall meet the minimum bulk requirements of the R-1 Residential District.
(4)
That percentage of the total tract of land equal to the percentage that the average lot areas are reduced from 8,000 square feet shall be dedicated and deeded to the Borough.
(5)
No area to be so deeded shall be less than three acres unless the area is to be joined to an existing parcel of Borough land, the aggregate size of which shall be no less than three acres.
(6)
The area to be dedicated for public purposes under the terms of this section shall be at a location and of a shape as determined and required by the Planning Board.
(7)
All other requirements of this chapter shall be complied with.
F.
Open space requirements in the R-3A Residential District.
(1)
The minimum lot area in major subdivision developments within the R-3A Residential District may be reduced from 15,000 square feet to not less than 10,000 square feet.
(2)
The Planning Board shall not approve a subdivision development plan that will result in a greater development density than if the property in question were developed at the above-mentioned fifteen-thousand-square-foot density requirement. The maximum density for the entire subdivision, exclusive of streets, shall be no greater than one dwelling unit per 15,000 square feet of tract area.
(3)
No lot so reduced shall have a width parallel to the front street property line of less than 80 feet at the front setback and shall meet the other minimum bulk requirements of the R-3 Residential District.
(4)
That percentage of the total tract land equal to the percentage that the average lot areas are reduced from 15,000 square feet shall be dedicated and deeded to the Borough.
(5)
No area to be so deeded shall be less than three acres unless the area is to be joined to an existing parcel of Borough land, the aggregate size of which shall be no less than three acres.
(6)
The area to be dedicated for public purposes under the terms of this section shall be at a location and of a shape as determined and required by the Planning Board at the time of subdivision approval.
(7)
All other requirements of this chapter shall be complied with.
G.
Prohibited uses. No building or premises shall be used in whole or in part for any industrial, manufacturing, trade or commercial purpose or for any other than the specified purposes as indicated above under this section.