Peapack Gladstone City Zoning Code
§ 23-40.6
Accessory Structures and Uses.
[Ord. No. 751 § 27-3.6; Ord. No. 780 § 4; Ord. No. 874 § 1]
a.
General Requirements.
1.
No accessory structure may be built upon any lot on which there is no principal building or structure, except fences and structures for equine, agricultural or horticultural uses actually being conducted on the property.
2.
Accessory structures in the ORL and LI zones shall not exceed the height of the principal building. In the RE and RR-5 zones, accessory farm structures shall not exceed thirty-five (35) feet. In the RR-3, RR-2, RR-1, R-18, R-11 and VN zones, no accessory structure shall exceed fifteen (15) feet in height except that the Land Use Board may approve barn structures and garages to be as high as twenty (20) feet, provided that public notice of the requested approval is given by the applicant to all property owners within two hundred (200) feet of the subject property, and provided further that the Land Use Board concludes the following:
(a)
That the increase in height of the barn structure or garage above the otherwise limitation of fifteen (15) feet is necessary to achieve an architectural design that is compatible with the design and scale of the existing or proposed house on the subject property;
(b)
That the location of the proposed barn structure or garage will not block the vision of the people next door; and
(c)
That the proposed height of the proposed barn structure or garage does not increase the floor area of the accessory structure were it constructed at a height of fifteen (15) feet.
3.
Accessory structures in all zone districts shall be at least ten (10) feet from any other building on the same lot.
4.
No accessory structure(s) shall be located in a required front yard area except in the RE and RR-5.
5.
Any accessory building attached to the main building shall be considered part of the main building.
6.
On through lots (any lot running from one street to another), no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on that part of the street which the yard abuts.
7.
Driveways, septic areas and wells may be located within the required front, side and rear yard areas. In the RE and RR-5 zones, ornamental fencing, property entrance structures and fencing may be located in the required front, side or rear yard areas.
b.
Requirements for Specific Accessory Structures and Uses.
1.
Swimming pools and tennis courts shall comply with the provisions of this subsection in addition to the following requirements:
(a)
No such pool or tennis court shall be closer than twenty-five (25) feet to any side or rear lot line.
(b)
On any corner lot, no part of any private swimming pool shall be constructed within the front yard area required to be provided on either street.
(c)
Elevated lights over four (4) feet in height used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property, and shall be turned off by automatic means by 10:00 p.m.
(d)
No private swimming pool shall be used other than as an accessory use of the premises whereon it is located.
2.
Home Offices. Home offices, where permitted as an accessory use to a single-family detached dwelling in a particular residential zoning district in the Borough of Peapack and Gladstone, shall not require approval by the Land Use Board or the issuance of a zoning permit by the Zoning Officer of the Borough if the following requirements and restrictions are met:
(a)
The office area shall not occupy more than five hundred (500) square feet, nor more than twelve and one-half percent (12.5%) of the gross floor area (G.F.A.) of the subject single-family detached dwelling, whichever is less, specifically excluding the area of garages, basements and attics in the calculation of gross floor area;
(b)
No person other than members of the household residing on the premises shall use the office area;
(c)
No persons, including, but not limited to, clients, customers or nonresident employees, shall visit the detached dwelling unit regarding the office area other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling unit;
(d)
The office area shall not be a segregated portion of the dwelling unit, but shall be a room or area within the dwelling which is integrated within the overall floor plan of the dwelling;
(e)
The office area shall not contain any kitchen or bathroom facilities which are provided specifically for the office area;
(f)
The office area shall have only typical office equipment limited to computers, telefax machines, telephones, copying machines and similar office equipment;
(g)
No equipment or process shall be used in the office area which creates noise, vibration, glare, fumes, odors, electrical or electronic interference, medical waste and/or which causes interference with the operation of telephones, radios or televisions;
(h)
The office area shall not require any increased or enhanced electric or water supplies relative to the operation of the subject dwelling unit as a residence;
(i)
No supplies or furnishings shall be permitted other than typical office supplies and furnishings;
(j)
The office use shall not generate a quantity and/or type of solid waste which is noticeably different than that generated by a typical detached dwelling unit in the subject zoning district; and
(k)
No evidence of the office area shall be shown to the outside of the dwelling unit including, but not limited to, signage, lighting and parking, and there shall be no change to the exterior of any buildings or structures on the subject site because of the office area.
3.
Satellite Earth Stations.
(a)
Permitted Districts:
(1)
A satellite earth station shall be permitted as an accessory use in all zone districts. Satellite earth stations shall require site plan approval from the Land Use Board except where accessory to a one or two family residential use. In the case of a one (1) or two (2) family residential use, the application shall be determined by the Zoning Officer, or by the Land Use Board whenever a request for interpretation is necessary or a variance is requested by the applicant.
(2)
Whenever an antenna is accessory to a one- or two-family dwelling, an applicant claims that any general regulation standard must be modified because of inability to obtain a reasonably satisfactory signal, impracticability, under hardship, or other criteria for modification under this section, or whenever the adequacy of and/or reasonableness of screening is in issue, such application shall be referred to the Land Use Board for interpretation pursuant to N.J.S.A. 40:55D-70b.
(b)
Application. The plans of such antenna shall be submitted with each application for a building permit, which shall include:
(1)
A site plan drawn at a scale of no smaller than 1" = 20' indicating the diameter, location, setbacks, screening (if ground mounted), and a mounting detail drawn at a scale no smaller than 1/2" = 1'-0" indicating height, color, style or type and method of installation. The plans must be prepared by a New Jersey professional engineer or other qualified expert with a statement that the proposed installation complies with the requirements of the Uniform Construction Code.
(2)
The name and address of the applicant and owner of the property on which the satellite earth station is to be located.
(3)
The tax lot and block numbers and the property lines of the property.
(4)
All existing buildings and structures and all accessory buildings and structures on the property.
(6)
Applications for the installation of satellite earth stations capable of transmitting and receiving signals will additionally be required to submit a report prepared by a radio frequency engineer. The minimum requirements of this report are:
(i)
The calculated levels of Electromagnetic Field Intensities (EMP-Power Densities) compared to allowable Residential Environment Continuous Exposure levels as per the American National Standards Institute 1982 (ANSI) and standards contained in the New Jersey Administrative Code, Title 7, Department of Environmental Protection, Chapter 28, Bureau of Radiation Protection, Subchapter 42, 7:28-42.4.
(ii)
An analysis of the findings and conclusion.
(iii)
Copies of data, sketches and specifications which are the basis for the calculation and analysis. The conclusion shall include an assessment of relative health risk to people living or working near the proposed facility.
(7)
If a ground mounted transmit/receive type antenna is proposed, the site plan shall additionally include the proposed location of a protective fence surrounding the antenna on all sides necessary to address all health and safety issues.
(c)
Performance Standards.
(1)
No satellite earth station may be placed in the front yard of any lot in the Borough. A corner lot shall be deemed to have a front yard facing each street.
(2)
Receive-only satellite earth stations thirty-six (36) inches in diameter or less shall be located on the roof. Receive-only satellite earth stations greater than thirty-six (36) inches in diameter shall be placed on a lot only in the rear yard; provided, however, that on a clear and convincing showing by an applicant that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Land Use Board may permit the antenna to be located in the side yard, and if such a signal cannot be obtained in either the rear or side yard, the Land Use Board may permit the antenna to be located on the roof of any principal or accessory building on the lot.
(3)
A transmit/receive satellite earth station shall be placed on the roof of the principal building of the lot; provided, however, that on a clear and convincing showing by an applicant that this requirement is impracticable or would cause undue hardship, or that installation elsewhere would substantially further the purposes and objectives of this section without substantial adverse impact on adjoining properties, the Land Use Board may permit the antenna to be located in the rear yard of the lot. If a ground mounted transmit/receive type antenna is proposed, the site plan shall include the proposed location of a protective fence, a minimum of four (4) feet in height, surrounding the antenna on all sides. The proposed fence shall be constructed in accordance with Chapter V of the Land Development Ordinance.
(4)
All satellite earth stations shall not be closer to the side property line than a distance equal to the diameter of said antenna or side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(5)
All satellite earth stations shall not be closer to the rear property line than a distance equal to the diameter of said antenna or rear yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.
(6)
When mounted on the ground, the overall height from the surrounding ground level to the lowest point of the antenna shall not exceed two (2) feet except in instances where additional clearance is needed to satisfactorily receive and/or transmit signals. No ground mounted satellite earth station shall exceed twelve (12) feet in height, as measured from the average grade of the base of the antenna to the highest point of the antenna.
(7)
Roof Mounted Antennas:
(i)
Flat Roofs and Mansard Style Roofs: No roof mounted satellite earth station may extend above the roof line more than (9) feet six (6) inches when mounted on a flat roof or mansard style roof. However, upon a showing that such a roof mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed. Roof mounted antennas on a flat roof shall be located in the center of the roof structure to reduce visibility.
(ii)
All Other Style Roofs: No roof mounted satellite earth station may extend above the highest point of the roof more than three (3) feet when mounted on all other style roofs, and, must be located on the portion of the roof facing the rear yard or if this would unreasonably limit signal reception, the side yard. However, upon a showing that such a roof mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.
(8)
The diameter of satellite earth stations shall not exceed twelve (12) feet for C- band technology for receiving and shall not exceed eight (8) feet in diameter for Kuband V Sat technology for transmitting, subject to paragraph b3(c)(9). All satellite earth stations larger than twenty-four (24) inches shall be of the mesh type only, with not more than eighty five (85%) percent of the surface being solid.
(9)
All satellite earth stations shall be painted a solid, dark, non-metallic, non-glossy color if ground mounted. Roof mounted antennas mounted on a flat roof or mansard style roof shall be painted a solid, non-metallic, non-glossy light to medium gray. When mounted on all other style roofs the satellite antenna shall be painted the color of the surface to which it is attached.
(10)
The ability of the applicant to install a satellite earth station in an unobtrusive location and to minimize the visual and health impacts on neighboring properties shall be a major factor in determining whether or not a permit is issued.
(11)
The number of allowable satellite earth stations are as follows:
(i)
For single family and two family dwellings, one (1) per building.
(ii)
For attached dwellings, patio homes, duplex, townhouse, and multi-family dwellings, one (1) per building.
(iii)
For all other uses permitted in residential zones not specifically provided for otherwise (e.g. schools, churches, nursing homes, etc.), one (1) per building.
(12)
The satellite earth station may only be used for occupants of the building located on the property.
(13)
When the use of the satellite earth station is abandoned, it shall be removed.
(14)
Satellite earth stations may not be mounted on a portable or movable structure, such as a trailer.
(15)
To the extent permitted by law, no satellite earth station shall be located on or abutting any property which is located in the National or State Register of Historic Places.
(16)
No satellite earth station shall be erected on a public utility easement without the consent of the easement holder.
(17)
The proposed earth satellite station shall be the smallest commercially available equipment based on the current technology so as to minimize the visual impact on the surrounding areas.
(18)
The satellite earth station may not be used as a sign.
(19)
All wiring or connecting cables between the satellite earth station and the principal building on the site shall be buried underground.
(20)
Screening: Ground mounted antennas shall be screened as to minimize visibility from public streets and adjoining properties. Screening shall be accomplished by the installation of landscaping and/or fencing or in the form of a wall or structure enclosing the antenna. The species, quantity, size, and spacing of plant materials shall be specified on the site plan. In order to reduce the height of plant materials, soil berms may be used in conjunction with the proposed landscaping. Any walls or structures shall be constructed of plastic, fiberglass, or other approved materials which will not impede the function and operation of the antenna. Any walls or structures shall be constructed to be consistent with the surrounding site characteristics. The requirements of this section shall not impose unreasonable limitations on, or prevent, reception of satellite delivered signals by satellite receiving and receiving/transmitting antennas or to impose costs on the users of such antennas that are excessive in light of the purchase and installation cost of the equipment.
(d)
Such satellite earth stations, appurtenances, landscaping, and fencing shall be kept and maintained in good condition.
4.
Outdoor Storage.
(a)
Outdoor storage shall not abut existing residential development, a residential street or any residential zone.
(b)
No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable Federal, State or local regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(c)
All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required setbacks for the zone in which located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of a dealer.
(d)
No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
(e)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.