Pequannock Township
City Zoning Code

A Clear Zone which is equivalent to the clear zone established by N.J.A.C. 16.62; and

An Airport Hazard Restricted Zone which is coincident with the remainder of the airport hazard area, established by N.J.A.C. 16.62.

Uses that attract birds are prohibited.

Aboveground storage of hazardous or flammable materials in tanks is prohibited.

Aboveground utility transmission lines and/or mains are prohibited.

Residential density shall not exceed one dwelling unit per three acres, except that if a lot is situated so that a portion is within the airport hazard restricted area and a portion is outside this area and the proposed dwelling is located outside the restricted area, the minimum lot size shall be the same as that of the underlying zone.

Vertical limits for structures in the Airport Hazard Restricted Zone shall be consistent with N.J.A.C. 16:62-4.2 et seq. or the underlying zone district requirement, whichever is less.

Variances from the airport hazard overlay zone restrictions shall be conditioned upon the approval of the Commissioner of the Department of Transportation.

Permitted uses.

Accessory uses.

Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.

Prohibited uses. Those uses which are not specifically permitted in the C-R Zone are hereby prohibited.

The home occupation shall be conducted only in the enclosed living area of the dwelling.

No electrical or mechanical equipment is to be used in conjunction with the home occupation which creates visible or audible interference in radio or television or which creates fluctuation in line voltage outside the dwelling or which creates noise not normally associated with a residential use.

The occupation permitted shall be on a limited scale so as not to interfere with the residential character of a district, and no employees other than full-time residents of the dwelling shall be employed in pursuance of the occupation.

Products related to a home occupation shall not be sold on the premises, and services related to a permitted occupation shall be provided only within the residence.

The establishment of a home occupation shall not be permitted to change the principal character of the use as a dwelling.

No storage or display of goods, materials or supplies or equipment shall be visible from the outside of any structure located on the premises.

There shall be permitted no more demand for parking than one vehicle at a time, in addition to the two parking spaces required for the dwelling.

Only one floor of the dwelling shall be used for the home occupation. No more than 25% of that floor shall be devoted to the home occupation.

The following are permitted home occupations:

Specifically prohibited home occupations, unless permitted as a conditional use, shall be:

A total of 10 female chickens are permitted in association with a residentially used property of up to three acres.

The keeping of chickens as accessory to a residential use shall comply with all requirements of Chapter 100, Animals, Article II, Chickens.

The keeping of animals shall be permitted in all residential districts as an accessory use.

A pony as regulated above shall not exceed 12 hands in height.

Any building for the keeping of animals shall be located at least 50 feet from any dwelling on an adjacent property and at least 50 feet from the required rear or side yard setback line on all adjacent residentially zoned or used properties. Any building for the keeping of animals shall be located at least 30 feet from the dwelling of the occupant of the lot.

Any outdoor area for keeping animals, including corrals, shall be located at least 30 feet from residential structures and at least 20 feet from side and rear lot lines. However, this distance to the lot line may be decreased to 10 feet if the Zoning Officer determines that an adequate buffer and screening have been provided in accordance with good planning standards. No stable or outdoor area for the keeping of animals shall be located closer to the street line than the required front yard. All structures for the keeping of animals must be at least 50 feet from any stream, well, water body or watercourse. All septic and manure pits must also be 50 feet from any stream, well, water body or watercourse and 50 feet from all property lines. All animals on the property shall be owned by and for the sole and exclusive use of the residents of the lot upon which they are located, except that up to one animal for the first three acres and 25% of all other animals permitted by the quota above may be boarded for the animal's owner to be used only by the owner. When calculating the number of animals permitted, any lot area may only be used once, except that the number of poultry permitted shall not restrict the use of that property for the other animals as permitted in the above schedule.

Manure must be collected and maintained in a sanitary manner so as to prevent offensive odors, fly breeding or other nuisances. Failure to abide by these standards shall result in revocation by the Township of permission to keep animals. Those persons keeping animals must meet all requirements of state and local health regulations.

A minimum lot area of six acres shall be required.

A front yard shall be a minimum of 50 feet in depth.

Side and rear yards shall be equal in depth to the height of the buildings or 30 feet, whichever is greater.

A lot width of 200 feet shall be required.

A twenty-foot planted buffer, acceptable to the Planning Board, shall be required adjacent to any residentially zoned or used property.

No driveways shall be located closer than 25 feet to any side or rear property line.

A ten-foot planted buffer shall be located along all property lines adjacent to industrially or commercially zoned or used property.

Nursery stock shall be located no closer than 10 feet to any side or rear property line and no closer than 20 feet to any street.

The maximum building coverage permitted for both temporary and permanent buildings shall be 30%.

All permanent structures shall require a building permit and site plan approval.

No structures may exceed 35 feet in height.

Where there are wholesale or retail sales of products, only items that have been grown on the premises for at least 1/2 of their life may be sold on the premises.

Where there are retail sales, at least one parking space shall be provided for each acre under cultivation or for each 5,000 square feet of area within the greenhouse.

Greenhouses shall be restricted in size as follows:

In addition, the following conditions shall be met:

In addition, the following shall apply:

Nursing homes and hospitals shall be permitted as a conditional use in the R-87, R-45, R-22, R-15, R-11 and R-9 Zones.

The minimum required lot size shall be five acres. The minimum lot width is 300 feet on a street with a right-of-way of 60 feet or more and a pavement width of 40 feet or more.

The front yard for nursing homes and intermediary care centers shall be twice the minimum front yard required in the zone in which they are located. The maximum building height for nursing homes shall be three stories or 40 feet, whichever is less. Rear yards and side yards shall be 100 feet each, at least 25 feet of which shall consist of a planted buffer strip. Maximum building coverage shall be 30%, and the maximum coverage by impervious surfaces shall be 60%.

Prior to the issuance of a building permit, nursing homes, hospitals and intermediary care centers in the Airport Hazard Restricted Zone shall obtain the approval of the Commissioner of Transportation.

Where permitted by applicable sections of this chapter, tennis courts shall be fenced by a suitable material no more than 12 feet in height. The tennis court and its fence shall be located at least 12 feet from the nearest adjacent property line for an unlighted court and 25 feet for a lighted court, except that in a Planned Residential District the required distance shall be no less than 50 feet. All lighting shall be shaded so as not to create glare or more than 0.25 footcandle of illumination at the property lines.

There shall be no more than one tennis court on any lot, except that in a Planned Residential District up to one tennis court per 100 dwelling units may be constructed.

Tennis courts shall be for the sole use of occupants of the premises and their guests and shall not be operated as a commercial venture. No tennis court shall encroach within the front yard setback.

The following fence height and setback regulations apply in all residential zones:

Measurement of fence height. In determining the height of fences for the purpose of compliance, the following shall apply:

Fence orientation. Fences shall be constructed in such a manner that the dressed side of the fence, where applicable, shall face the adjacent property or the public right-of-way excluding railroad property. All supports for the fence shall be on the interior of the fence and property. This provision shall not preclude the construction and maintenance of a shadowbox-type fence, provided that the dressed side of the fence material shall face the adjacent property or public right-of-way and shall be of the same texture, material, and color.

Fence composition. No electrified fences or other fences consisting of or incorporating similar hazards shall be permitted in a residential zone. Barbed wire fences are permissible when used to contain horses and cattle, as regulated by this chapter, on the property.

No accessory building in a residential district shall be located closer than five feet to any property line when such accessory building does not exceed 15 feet. An accessory building that has a height of 15 feet to 18 feet shall not be closer than 10 feet to any property line.

Accessory buildings in residential zones may occupy the required rear yard up to a height of 18 feet, as long as they are 10 feet away from the principal building on the same lot. The height of the accessory building shall be defined as the vertical distance of the structure derived from the grade plane to the highest point of the structure. The rear yard area occupied by such an accessory building shall, however, be included in computing the maximum percentage of the lot which may be built upon in any given case.

In the case of an interior lot fronting upon only one street, no accessory building shall be erected or altered so as to encroach upon that half of the lot depth nearest the street. In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.

In the case of a corner lot fronting upon two streets, no accessory building shall be erected or altered so as to encroach upon that area between each respective street and a line drawn parallel to such street in a manner to divide the lot into two equal parts. In the case of a corner lot fronting on three or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.

The limitations imposed by this subsection upon the location of an accessory building shall be waived when the accessory building is incorporated as an integral part of or enclosed by the same closing walls as the building to which it is an accessory.

There shall be no more than one such structure on any lot in the R-9, R-11, R-15 and R-22 Districts, exclusive of a detached garage, or two such structures on any lot in the R-45 and R-87 Districts, exclusive of a detached garage.

An accessory structure shall not be utilized for the storage of flammable or hazardous material or for materials utilized in conjunction with a home occupation.

Accessory structures in addition to sheds shall include detached garages, personal/decorative greenhouses, and personal/decorative gazebos.

Decorative and/or personal greenhouses shall be permitted as accessory structures in all single-family residential districts. Such greenhouses shall not exceed 900 square feet, shall be located in the rear yard and shall meet all accessory structure setback requirements.

No more than one building permit shall hereafter be issued for any dwelling to be erected in a subdivision consisting of two or more houses if it is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite side of the street within 300 feet of said proposed dwelling.

Houses within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any one or more of the following characteristics:

The proposed addition or expansion relates to the front and/or side yards.

The limits of the proposed addition or expansion are less than or equal to the existing setback conditions footprint or the proposed setbacks are consistent with the average setbacks on the block with the height not to exceed 35 feet.

In no case shall the side yard be permitted to be less than five feet, including architectural projections, without variance relief.

The property has not been the subject of any previous action of the Zoning Board of Adjustment.

No central air conditioning equipment/units or generators shall hereafter be permanently installed to serve an existing dwelling erected on a lot located in any residential district of the Township of Pequannock, unless such air conditioning equipment and/or generator meets the requirements of this chapter and a permit to do so is first obtained from the Zoning Department. The zoning permit shall be accompanied by a survey prepared by a licensed land surveyor of the State of New Jersey, showing the property lines of the lot, the location of the building or structure, the front, side and rear yard dimensions and the proposed location, drawn to scale, of the central air conditioning equipment/unit or generator.

All generators must be at least five feet from any window or opening into the building. This measurement is from any part of the generator. There are no exceptions from this requirement.

All central air conditioning equipment/units or generators must be located in the side and rear yards.

All central air conditioning equipment/units or generators shall be set back at least 1/2 of the required side yard and rear yard setback of the principal building.

Air conditioning equipment/units or generators shall not be permitted in the front yard. Corner lots have two front yards.

All central air conditioning equipment/units or generators must be entirely shielded from view, from the street, by an existing or proposed evergreen buffer with a minimum planted buffer that is equal to or greater than the height of the central air conditioning equipment/unit or generator. Such buffer shall include two staggered rows of evergreen shrubs. Fences, pools, sheds, etc. shall not be considered valid evergreen buffers. The buffer must be shown on the plan submitted and include the type and size of trees.

The generator shall be installed in accordance with the most current editions of the National Fire Protection Association, the National Electrical Code, the International Fire Code, New Jersey Edition, the International Plumbing Code, New Jersey Edition and the International Residential Code, New Jersey Edition.

The exhaust of the generator shall, as much as practically feasible, be vented upwards or directed away from neighboring properties.

Generators shall be operated for routine testing and maintenance purposes not more than one time in any seven-day period, and no test shall exceed 30 minutes. Testing of generators is permitted Monday through Thursday only (excluding holidays) between the hours of 11:00 a.m. and 3:00 p.m.

Testing generators may be conducted when the unit is being repaired, provided that such testing period shall not exceed 30 minutes and shall be conducted only between the hours of 10:00 a.m. and 5:00 p.m., Monday through Saturday, excluding holidays.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

Application required. No temporary storage unit shall be placed on or at a residential property without obtaining a zoning permit. To obtain a permit, the property owner(s) or property manager, in the case of rental units, shall obtain approval from the Zoning Officer.

Size of temporary storage unit. Temporary storage units shall be no greater than eight feet in height, 18 feet in length and eight feet in width or no greater than a total of 1,200 cubic feet.

Number of temporary storage units. One temporary storage unit shall be permitted per residential property.

Location of temporary storage units. The placement of temporary storage units shall meet all of the following provisions:

Duration.

Fees.

Guidelines.

Occupancy of container prohibited. No human or animal shall occupy the temporary storage unit except for the express purpose of loading or unloading the container. No heat or electric source of any kind shall be placed in a container.

Separate violations. Each and every day that a temporary storage unit remains on the property beyond the applicable permitted time shall be considered as a new and separate violation. Each and every temporary storage unit more than the quantity of one located on the property shall be considered a new and separate violation.

Violations and penalties. Any person who shall violate any provision of this Subsection V shall, upon conviction, be punished by a fine not to exceed $200 for each violation or by imprisonment for not more than 90 days, or by an order to perform community service, or a combination thereof, in the discretion of the Municipal Judge.

Decks will not be counted toward building coverage if the following conditions are met:

Any deck that is greater than six feet in height shall be counted toward building coverage.

The area of the deck that is greater than 15% or 400 square feet and does not meet the requirements of Subsection W(1)(a) above shall be counted toward building coverage.

Townhouse and multifamily structures in the C-1 Zone.

Multifamily structures in the CBD-2 Zone.

C-1 Zone conditions.

C-2 Zone conditions.

Have off-street parking in accordance with the requirements of this chapter.

Show to the satisfaction of the Planning Board that they shall not create a nuisance by reason of noise, traffic or other characteristics which will be a detriment to the surrounding properties.

A buffer of 50 feet shall be required between any outdoor activity and the nearest residentially zoned or used property or public parkland.

The requirements of all health ordinances particularly related to noise and glare shall be complied with.

Parking requirements shall be determined by the Planning Board relative to the proposed uses.

Commercial recreational uses in the C-2 Zone shall only be permitted south of Jackson Avenue adjacent to Route 23.

For commercial recreation uses sharing a building with other tenants, the following conditions shall apply:

The storage and maintenance of commercial vehicles as a primary use shall be permitted as a conditional use in the I-1 Zone, provided that the following criteria are met:

Commercial vehicles are defined, for terms of this section, as buses, vans, limousines, ambulances, trucks and similar vehicles.

Commercial vehicles, recreational vehicles, buses, ambulances, vans, limousines, trucks and construction equipment and similar vehicles shall not be permitted to be stored in any nonresidential district unless owned by the occupant of a permitted use in the zoning district and used as an integral part of the business. No vehicle shall be used for the permanent or temporary storage of materials in connection with a permitted use.

The only exception to the above shall be that a license may be granted by the Zoning Officer for the parking of commercial vehicles in a gasoline service station in the C-2 and C-3 Zones, provided that a fee as provided in Chapter 152, Fees, shall be paid annually, on July 1 of each year, for each vehicle to be so parked or stored, and provided that the following conditions are met:

Outdoor storage of live plant material shall be permitted, provided that it is kept within an enclosed area in a manner acceptable to the Planning Board.

Outdoor storage of fertilizer, chemicals, pesticides and other hazardous materials shall be prohibited.

Outdoor storage of all merchandise other than plant material or structural stone is strictly prohibited.

A gasoline service station, for purposes of this chapter, shall be defined as a building and premises used for the retail sale or dispensing of gasoline and other fuels and oil and other lubricants for the operation of motor vehicles and minor servicing of such vehicles. Such stations may include the sale of accessories for motor vehicles.

Gasoline service stations shall be permitted as a conditional use in the C-2 and C-3 Zones under the following conditions:

All aspects of the business shall be carried on within a fully enclosed structure.

Storage of parts, both new and used, as well as parts which are removed to be discarded, shall be inside a fully enclosed building.

No vehicles shall be parked on the premises overnight, unless they are kept within a fully enclosed structure.

No auto body repair work shall be permitted.

No unlicensed vehicles may be kept for parts.

Used vehicle sales shall be permitted as an accessory to the permitted new vehicle sales use.

No more than 25% of the outdoor display shall be devoted to used vehicles.

A minimum building size of 5,000 square feet shall be required.

At least 20% of said building shall be devoted to new car display.

The area devoted to outdoor display of both new and used vehicles shall not exceed 1 1/2 times the area of the building.

All outdoor display and service areas, including driveways, shall be paved in a dust-free manner acceptable to the Planning Board.

Display lighting shall be shielded and located and maintained so as not to reflect glare onto surrounding or neighboring properties or public roads. Strings of exposed lights and lights of intermittent intensity are prohibited.

Vehicle service, excluding body work, shall be permitted as an accessory use and shall be located entirely within a structure.

Outdoor display of the vehicles is permitted in a manner and location acceptable to the Planning Board.

Vehicle service shall be permitted as an accessory use and shall be located entirely within a structure.

The area devoted to retail sales shall not be more than 10% of the floor area of the structure or 5,000 square feet, whichever is less.

Adequate provision for traffic flow and parking as required by this chapter shall be provided.

Lighting of the exterior of all properties in all nonresidential zones shall be provided so as to ensure visibility and public safety.

No light in the C-1 and C-2 Zones shall be mounted higher than 12 feet from the ground elevation. Lights shall be shielded to prevent glare onto adjacent residential zones and parklands and so as to provide no more than 0.25 footcandle of illumination at the property line.

In the C-3 and C-4 Zones and the I-1 and I-2 Zones, any light within 100 feet of a residential district or parkland shall be mounted no higher than 12 feet from the ground elevation. No more than 0.25 footcandle of illumination shall exist at the residential or parkland property line. Any light further than 100 feet from parkland or residentially used or zoned property shall be mounted no higher than 20 feet above the ground level, and no illumination greater than 0.5 footcandle at the property line shall be permitted.

The property must front on the Newark-Pompton Turnpike.

The residential portion shall have a separate and direct entrance upon a street via an unobstructed passageway.

The residential use is located within the principal building and is only available above the ground floor of the permitted commercial use.

Landscaping and buffers shall be provided.

Outside display of merchandise must be in conjunction with an enclosed retail use.

The area devoted to outside display shall not exceed 5% of the area of the enclosed retail use; however, the Planning Board may further limit the amount of display space permitted where site size and conditions create particular constraints.

This area shall be contiguous with an outside wall of the enclosed retail space unless the Planning Board finds that an alternative location is appropriate.

The display shall not interfere with pedestrian or vehicular access, visibility and safety.

The Planning Board may require fencing and landscaping to promote security and to buffer visual impacts.

The minimum property setback shall be 20 feet.

There shall be a minimum of 10 feet of landscape buffer between the go-kart track and the property boundaries.

The use shall be no closer than 500 feet to a residential zone.

The go-karts must be electric.

The setback from Route 23 for the go-kart track shall be 500 feet.

Bulk regulations.

Security. All structures shall be designed using safety and security barriers to prevent the unlawful and unauthorized entry into the cultivating/growing structures in accordance with the licensee's state-issued permit requirements.

Eligible locations.

Odor control. The cultivating facility shall provide an air-treatment system with sufficient odor-absorbing ventilation and exhaust system such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the property line of the subject property. The operator of any cannabis facility shall submit an annual odor-monitoring report for the life of their applicable state permit.

Noise control. All cannabis cultivating operations shall operate in compliance with state and local noise laws and regulations.

Generator. All cannabis cultivating operations shall have a back-up generator which shall be sufficient in output to maintain all operating and electronic security systems in the event of a power failure.

Lighting. No light generated by any cannabis cultivating/growing structures shall result in measurable light changes at the nearest property boundary to each structure. Interior light shades may be required by the Board on greenhouse structures to manage potential light impacts. On-site security lighting, whether or not indoor or outdoor, and hydroponic or other lighting used in indoor cultivation areas shall be exempt from this provision.

Site plan approval. Site plan approval shall be required as per § 360-61. In addition to the general site plan submission requirements, the applicant shall submit, including, but not limited to, a safety and security plan, emergency service access plan, hazardous material inventory, environmental impact statement and waste control plan.

Limited cannabis processing shall be permitted as accessory to cannabis cultivation, provided that no more than 20% of the cultivation facility may be used for processing.

For establishments in the CBD-1 and CBD-2 Zones:

For establishments in the I-1 and I-2 Zones:

Establishments shall include a designated pickup and delivery area for all patrons in such a way that provides safe and clearly designated access to enter or exit the facility.

All activities shall take place within the building.

Any outside pens or exercise runs shall be maintained in the I-1 and I-2 Zones only, provided that such runs are located at least 100 feet from all property lines and at least 200 feet from any residence district. Such runs shall be enclosed on all sides by a wall or solid fence between six feet and eight feet in height.

In the H-C, C-3 and C-4 Districts, all treatment rooms, cages, pens, runs and kennels shall be maintained within a completely enclosed soundproof building.

Any pet care establishment with enclosed pens, runs and kennels shall provide structural plans and specifications bearing the certification of an acoustical engineer verifying that the proposed structure will achieve the required sound transmission loss.

Appropriate equipment shall be provided to absorb odors, and adequate service shall be provided for the removal of refuse.

For pet care establishments sharing a building with other tenants, the use shall be located a minimum of 100 feet from all required loading spaces as described in § 360-57 of this chapter.

Alterations and reconstructions that are behind the prevailing setback line on the same side of the street within the same block, although in the front of the front yard setback line as established by district regulations for the zone, shall be permitted. The prevailing setbacks on the block shall be established by utilizing one existing principal structure on either side of the subject site, on the same side of the street. The front yard setback for corner lots shall be that setback associated with the main front entrance to that structure.

The limits of the proposed addition or expansion shall be less than or equal to the existing setback conditions footprint or the proposed setbacks shall be consistent with the prevailing setbacks on the block with the height not to exceed 35 feet. The prevailing setbacks on the block shall be established by averaging the existing home on either side of the residence, on the same side of the street. The front yard setback for corner lots shall be that setback associated with the main front entrance to the residence.

Where there is no existing building on a side of a street within a block, no new building shall be erected with its street wall, walls or covered porches nearer the street line than the minimum depth of the front yard indicated for each respective zone in the district regulations.

In applying the foregoing requirements, any block which is improved to an extent of less than 20% of its frontage shall, for the purposes of this subsection, be considered as if it were entirely unimproved.

The front yard setback on a corner lot shall be measured from all streets on which the property abuts.

On corner lots, the principal building may be placed diagonally, and yards shall then be located and measured as follows:

An attached garage shall be considered an integral part of the principal building, and the above setbacks shall be maintained from the outside corners of said garage.

To preserve natural areas that contribute to the quality of stormwater entering streams, no structure shall be built and no fill shall be placed within the following distances of the nearest bank of the various watercourses within the Township:

These distances shall be minimums. Any state standards in excess of these distances shall be complied with.

All decks shall be permitted in the side and rear yards. No deck shall be permitted in the front yard.

Attached and detached decks shall meet all required side and rear yard setbacks of the district within which they are located. However, decks associated with pools may have a minimum side and rear yard setback of 10 feet.

A deck shall be defined as a level surfaced area, generally constructed of wood, directly adjacent or separated from the principal building at 30 inches or more above finished grade. Such structure, if attached to the principal structure, shall be considered part of the principal structure.

The applicant must demonstrate the following:

Locations permitted. Where a proposed tower meets the requirements set forth in Subsection C(1), said tower, antennas and related facilities shall only be permitted on properties or in the following zone districts according to their location priority. If a wireless telecommunications provider seeks to place a wireless telecommunications facility on a lot that is located in a priority level other than the first priority location, the provider must establish that the location prioritized ahead of the location in which the building or lot is located is either not available or not suitable for the provision of adequate wireless telecommunications services within the Township as provided in the Telecommunications Act of 1996 (47 U.S.C. § 332). The priority of the locations is as follows:

Bulk, area and setback requirements applicable to property owned by the Township of Pequannock or located in the C-3, C-4, I-1, I-2 and/or AG District. Where the proposed use has met all the requirements described in Subsection C(1) and (2) above, the following additional requirements shall apply:

Requirements applicable to all towers.