When a lot is to be subdivided from a lot which already is occupied by an existing building, any subdivision of the lot shall not lessen any of the requirements of this chapter pertaining to the existing building.

No open space provided around any principal building for the purpose of complying with the front, side or rear yard requirements of this chapter shall be considered as providing the yard requirements for any other principal building. Moreover, no yard or other open space on a lot shall be considered as providing a yard or other open space on another lot or for any other building.

Any accessory building having a common wall, roof or foundation with a principal building or any accessory building or structure which is connected to the principal building by means of a heated porch or other heated structure shall be considered a part of the principal building and shall comply with the front, side and rear yard requirements of this chapter for the principal building. Any accessory building or structure which is connected to the principal building by an unheated porch, deck, breezeway or other such unheated structure shall be considered detached for the purposes of this chapter. All accessory decks off a principal building shall comply with the principal building yard requirements.

No yard or any other open space required about or in connection with any building or buildings for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for any other building.

No existing yard or existing lot shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.

Except as hereinafter specified in this subsection, every part of a required yard shall be open to the sky, unobstructed except for the following man-made structures:

In all residential zones, in no case shall there be permitted more than one principal residential building on each subdivision lot of record, except multifamily housing developments. For purposes of this chapter, abutting undersized lots which have been merged or joined by law shall be considered one lot.

In all nonresidential zones there may be permitted more than one principal building on each lot of record.

All principal buildings shall be built upon a lot with frontage on a public street or on a private street approved by the Planning Board.

General regulations.

Sheds and exterior storage closets.

Detached residential garages.

In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any other curved street, lot frontage (as distinguished from lot width) may equal, but shall be no less than, 2/3 of the required lot width as set forth in the bulk table and as defined herein.

All front yards must face on a dedicated public street or on a private street approved by the Planning Board.

Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Borough is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.

A lot at the junction of and fronting on the corner of two or more intersecting streets shall be classified as a corner lot and shall provide a front yard setback on all street frontages.

On a corner lot, all lot lines generally perpendicular to a streetline shall be side lot lines. A generally rectangular corner lot shall have no rear lot lines, only front and side lines.

When a corner lot is irregularly shaped so as to have a lot line that is not a front lot line, nor a side lot line, all other lot lines shall be classified as rear lot lines.

The greater frontage on a corner lot shall be its depth and the lesser frontage shall be its width.

On any corner lot, within the triangular area determined as provided in this subsection, no wall, fence, sign or other structure shall be erected to a height in excess of three feet above curb level and no vehicle, object or any other obstruction of a height in excess of three feet shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of three feet, except that trees whose branches are trimmed away to a height of at least 10 feet above curb level shall be permitted. Such triangular area shall be formed by the two intersecting street center lines and by a diagonal line connecting points on these street center lines which are 90 feet from the intersection of the street center lines for local roads and 200 feet for all other roads.

Nothing contained herein shall prevent a residential dwelling from creating and maintaining a residential driveway on a residential lot, which is intended to serve as an accessory parking space for the principal single-family or two-family residential dwelling located on the same lot. Such driveways shall be designed so as to provide off-street parking so as to comply with the residential site improvement standards for parking requirements.

All residential driveways for residential lots shall be paved within the road right-of-way or easement with a six-inch-thick reinforced concrete apron where curbs are provided, or bituminous material to the same specification of the abutting road where curbs are not provided.

Driveways may be located in the required front yard, side or rear yard of the site and shall be set back a minimum of five feet of all property lines.

All driveways shall be constructed of macadam, blacktop, concrete, stone pavers, or similar material as determined by the Construction Official/Zoning Officer. No gravel, dirt, sand or grass driveways shall be permitted. Driveway grades shall not exceed 10%.

The perimeter of all newly constructed residential driveways shall be surrounded by concrete curbing, granite block, wood ties, natural stone, or similar material as approved by the Construction Official/Zoning Officer arranged so as to contain the parking of vehicles within the limits of the driveway.

The maximum driveway width at any point shall be no greater than 20 feet, exclusive of any curb returns or aprons at the point of connection of the street. All side entry garages on single-family residential lots may be provided with a paved or stoned area in front of the garage door(s) in order to allow for adequate ingress and egress to the garage.

For purposes of determining impervious surface coverage, all areas of a surface driveway shall be considered impervious, regardless of the materials of construction. Pervious and semipervious paving blocks constructed on top of a bed of compacted material shall be considered fully impervious.

Residential driveways connecting to a county road shall provide a hammerhead or similar turn-around to prevent backing movements onto the county right-of-way.

A one-car garage and one driveway combination shall count as two off-street parking spaces, provided that the driveway measures a minimum of 18 feet in length between the face of the garage door and the right-of-way, and nine feet in width. A two-car garage and two-car driveway combination shall count as four off-street parking spaces, provided that a minimum parking area width of 18 feet is provided for a minimum length of 18 feet between the face of the garage door and the right-of-way.

Fence application procedure:

General fence regulations.

Special fence structures and retaining walls.

In all residential zones and for all residential uses, a patio, wood deck or any combination of the two shall only be permitted as accessory to a principal residential dwelling.

When a patio or deck is proposed on a residential lot, the applicant shall submit to the Construction Official a plot plan of the site showing all property lines, buildings, the location of the patio/deck and any surrounding walkways or other improvements. Such plot plan shall show the dimensions and the distance to all property lines for all existing and proposed improvements.

Patios may be constructed of concrete, concrete or stone pavers, stone, brick, slate, tiles, or other similar materials as determined by the Zoning Official.

Decks may be constructed of natural or synthetic wood or a combination of the two materials or other similar materials as determined by the Zoning Official.

Patios and decks may be erected within a required side yard or required rear yard of any residential zone; provided, however, that no such structure shall be erected closer than five feet to the nearest lot line.

No part of any patio or deck shall be located in any front yard.

For purposes of determining impervious surface coverage, patios, decks, and pervious and semipervious paving blocks shall be considered fully impervious.

No private residential swimming pool shall be constructed or installed or located on any lot unless the lot contains a principal residential building.

When a private swimming pool is proposed on a residential lot, the applicant shall submit to the Construction/Zoning Official a plot plan of the site showing all property lines, buildings, the location of the pool and any surrounding walkway or other improvements. Such plot plan shall show the dimensions and the distance to all property lines for all existing and proposed improvements.

No part of any private swimming pool, including water surface, coping, walkways or pool equipment, shall be located in a required front yard.

In all residential zones and for all residential uses, the minimum setback from all property lines with respect to the installation of any type of swimming pools shall be a minimum of 10 feet measured from the edge of the water to the property line. Such pools may have a concrete or similar walkway or coping around the perimeter of the pool so as to provide safe movement; however, no part of any concrete walkway shall be closer than five feet to any property line.

Pool maintenance equipment, filters, pumps and other equipment essential to the operation of any residential pool shall be set back a minimum of five feet from any property line. When a pool house, shed or other accessory building is proposed to contain this equipment, this building shall be subject to the accessory building requirements of Subsection C of this chapter.

For purposes of determining impervious surface coverage, the surface area of open water shall be considered fully pervious and shall not count towards an impervious coverage calculation. All concrete walkway and coping areas around an in-ground pool shall be considered fully impervious and shall count towards an impervious coverage calculation.

Any lighting in connection with a private residential swimming pool shall be directed downward and shielded from adjacent properties.

A private residential swimming pool shall be enclosed by permanent fence, sufficient to make the pool inaccessible to small children. The fence, including the gate therein, shall not be less than four feet in height, nor more than six feet in height.

No commercial or public swimming pool shall be constructed or installed unless approved by the Planning Board as part of a site plan approval for a principal permitted use as specified in this chapter. Commercial or public swimming pools shall be classified into types in accordance with their particular use and shall meet the appropriate design standards as set forth by the National Swimming Pool Institute or the Swimming Pool Code of New Jersey, latest edition, whichever is more stringent, and all other state and building code regulations.

Structures or buildings for the keeping of nondomesticated animals, such as chickens, pigeons, goats, sheep, pigs, large reptiles, wolves, bears, large or wild cat species, and other types fowl, or any animal generally considered a farm, zoo or exotic animal, or any animal which is usually quartered in separate structures (from a dwelling) shall not be permitted in any zone, unless as part of an approved farm or livestock use. The Zoning Officer shall determine which animals meet these criteria. This shall not apply to structures for domesticated dogs, cats and similar household or pet store pets capable of being and usually quartered in a residence and generally regulated in accordance other pet ordinances of the Borough.

No above animal, poultry, or livestock shelter structure, whether temporary or permanent, shall be located closer than 50 feet to any property line or to any dwelling unit on the same lot.

Community residences, as identified by N.J.S.A. 40:55D-66.1 and 2, for the mentally and physically handicapped, shelters for victims of domestic violence, community residences for the terminally ill, disabled persons, homeless veterans, adult family care homes and all other group homes specified by the Municipal Land Use Law and their resident staff shall be permitted uses in all residential zones in the Borough. Such community residences shall be subject to the minimum area, yard and building requirements set forth for single-family units in the zone in which located, in accordance with N.J.S.A. 40:55D-66.1. Such uses shall contain not more than 15 persons, exclusive of resident staff. This provision shall only apply to such uses when they are located in a residential zone. No such use shall be permitted in a nonresidential zone; and

If more than 15 persons, exclusive of resident staff, are placed in the residence, then the use becomes a conditional use which may be permitted, provided that all of the terms and conditions specified for this particular use in the conditional use subsection of this chapter are complied with. This provision shall only apply to such uses when they are located in a residential zone. No such use shall be permitted when proposed in a nonresidential zone.

Single-family and two-family dwellings. Each single-family and two-family dwelling unit shall be designed to provide a location containing at least 18 cubic feet of space per unit for the storage of designated recyclable material. The location shall be clearly marked as such on floor plans of the dwelling unit. Recycling facility requirements for multifamily units may be found in the respective zoning district regulation associated with that use.

Purpose and findings.

A zoning permit shall be required before any construction permit or certificate of occupancy shall be issued for any home office or home occupation wherein the following restrictions shall apply:

Chimneys on a residential dwelling unit are not bound by the height restrictions of this chapter.

Silos and barns on farms are not bound by the height restrictions of this chapter.

Noncommercial radio and television antennas are not bound by the height restrictions of this chapter, provided that the height is not increased by more than 15% higher than the maximum height otherwise permitted, and provided further that no antenna shall exceed 50 feet in height.

On a principal building, the following may be erected above the maximum height specified in this chapter for the subject building, provided that the height is not increased by more than 15% higher than the maximum height otherwise permitted, and provided further that no said appurtenance shall exceed 50 feet:

For purposes of this chapter, the term "public utility uses" shall include such uses such as telephone, television and internet equipment, power, light, gas, water, and energy substations and other utilities serving the public, such as sewage treatment plants, but shall exclude dumps, sanitary landfills and telecommunications towers.

Public utility lines shall be exempt. Public utility lines for the transportation, distribution or control of water, electricity, gas, oil, cable television and telephone or internet communications are permitted throughout the Borough of Spotswood and need not necessarily be located on a lot. This exemption shall apply strictly to transmission lines, and shall not apply to any type of utility stations, substation, equipment compounds, wireless towers or control buildings.

Public utility transformer and junction boxes and structures shall be exempt. Public utility transformer and junction boxes and structures are permitted throughout the Borough of Spotswood and need not necessarily be located on a lot, provided that they are adequately screened with landscaping, fencing or a combination of the two and do not exceed three feet in height. This exemption shall not apply to any such structure that exceeds three feet in height or is unscreened.

The proposed installation of a public utility use, station, building, structure or equipment not exempted above shall be a conditional use in all zones, as specified in Article 700, Conditional Uses.

The purposes of this subsection of the chapter are to promote communication within the Borough in a manner which will properly safeguard the public health, safety and welfare, by regulating the use of satellite dish antennas in all zones.

Any satellite dish antenna 20 inches or smaller in diameter, mounted to a building and used by a residential dwelling unit or business for the purpose of private television/telecommunications use, shall be permitted in all zones and no zoning application shall be required.

All antennas shall be installed in an unobtrusive manner and location so as not to interfere with the intent and purpose of the zone plan.

Nothing herein shall preclude public utility uses from maintaining satellite dish antennas on existing towers which previously have been approved by the appropriate local, county, state or federal agency(ies) having authority thereof.

Applications for the installation of a satellite dishes larger than 20 inches in diameter, or for microwave communications, or for commercial or institutional satellite dishes, or any similar ground-mounted antennas, shall be subject to (minor) site plan review and the following provisions:

Any approved vacant lot in the R-10 District existing prior to January 1, 1996, between 7,500 square feet and 10,000 square feet in area, which is not contiguous to lands under the same ownership or other vacant lands and which meets the area and yard requirements governing the construction of single-family dwellings within R-7.5 District, shall be permitted to be developed with a single-family dwelling and its accessory structures in accordance with the R-7.5 District requirements, provided that all other necessary permits and approvals for the construction of a single-family detached dwelling on the lot are secured in the usual manner.

Any approved vacant lot in the R-10 District existing prior to January 1, 1996, between 5,000 square feet and 7,500 square feet in area, which is not contiguous to lands under the same ownership or other vacant lands and which meets the area and yard requirements governing the construction of single-family dwellings within R-5 District, shall be permitted to be developed with a single-family dwelling and its accessory structures in accordance with the R-5 District requirements, provided that all other necessary permits and approvals for the construction of a single-family detached dwelling on the lot are secured in the usual manner.

Any detached single-family dwelling unit in the R-10 District existing prior to January 1, 1996, on lots between 7,500 square feet and 10,000 square feet in area shall meet the area and yard requirements governing the construction of single-family dwellings and their accessory structures in the R-7.5 District, except that this provision shall not be applicable to properties which abut vacant land or other contiguous land under the same ownership.

Any detached single-family dwelling unit in the R-10 District existing prior to January 1, 1996, on lots between 5,000 square feet and 7,500 square feet in area shall meet the area and yard requirements governing the construction of single-family dwellings and their accessory structures in the R-5 District, except that this provision shall not be applicable to properties which abut vacant land or other contiguous land under the same ownership.

Any detached single-family dwelling unit in the RC, GC, or LI District existing prior to January 1, 1996, shall be permitted to construct additions to the detached dwelling unit and/or construct accessory buildings or structures without an appeal for variance relief, provided that:

Abutting lots under common ownership. Whenever title to two or more contiguous lots is held by the same owner, regardless of whether or not each of the lots have been approved as part of a subdivision or acquired by separate conveyance or by other operation of law, and one or more of the individual lots should, by reason of exceptional shallowness, topographic conditions, substandard area or yard space or similar measurements, not conform with the minimum lot area and dimensional requirements for the zoning district in which it is located, the contiguous lots shall be considered to be a single lot.

Street dedication exemption. Whenever the owner of an existing lot has dedicated or conveyed land to the Borough of Spotswood in order to meet the minimum street width requirements of this chapter, the Construction Official shall issue construction permits and certificates of occupancy for the lot whose depth and/or area is rendered substandard only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.

Conforming expansion (use or bulk) on a nonconforming lot. Any existing permitted use, or existing building or structure located on an existing lot which does not meet the applicable minimum lot area, width or depth requirements of this chapter, shall be permitted to construct additions to the principal building and/or accessory building without an appeal for variance relief, provided that no new bulk or use or parking violations are created.

Development of vacant undersized lots. Unless specifically permitted by this chapter, any vacant lot existing at the time of the adoption of this chapter, as shown on the Official Map of the Borough or as indicated on other public records, which does not meet the minimum lot area, size or width for the district in which it is located, may be used for a permitted use in that district only upon the granting of variance(s) relief by the Planning Board.

Permitted to continue. Any existing building, use or structure made nonconforming with this chapter may be continued upon the lot or in the structure so occupied, and any such structure may be repaired in the event of partial destruction thereof. Partial destruction shall be determined by the Zoning Officer.

Repairs permitted. Repairs and maintenance work required to keep a building or structure in sound condition may be made to a nonconforming structure or to a structure whether conforming or nonconforming containing a nonconforming use. However, no repairs or maintenance work shall increase, enlarge or intensify the nonconformity in any manner.

Alterations permitted. A nonconforming building, structure or use may have its facade and/or interior spaces altered, but not enlarged or extended unless said building is changed to a building conforming to the requirements of this chapter.

Conforming bulk expansion of a nonconforming (bulk) one- or two-family residential building. A structure which is nonconforming in terms of bulk requirements, and which contains a permitted, detached single-family or two-family dwelling unit shall be permitted to construct additions to the principal building and/or accessory building without an appeal for variance relief for the existing nonconformities, provided that:

Conforming bulk expansion of a nonconforming (bulk) nonresidential or multifamily residential building. A building which is nonconforming in terms of bulk requirements, and which contains a permitted nonresidential use, mixed-use or multifamily dwelling unit shall not be permitted to construct any such additions or expansions, even if fully conforming in terms of bulk requirements to the principal building and/or accessory building, without an appeal for variance relief.

Expansion of a nonconforming use. No nonconforming use shall be enlarged, extended, constructed, intensified, reconstructed or structurally altered in any manner without an appeal for variance relief. Any such addition of floor area or activity, or the addition or subtraction of lands associated with a structure containing a nonconforming use, shall require variance approval pursuant to N.J.S.A. 40:55D-70d.

Abandonment. Each and every nonconforming building structure and use shall terminate upon abandonment. When a nonconforming use of/or a structure, or the nonconforming use of a structure and lot in combination, is discontinued for a period of 12 consecutive months, the nonconforming use shall be presumed to be abandoned, and the structure or structure and lot in combination, as the case may be, shall not thereafter be used except in conformance with the regulations of the zoning district in which it is located, unless the owner can establish that abandonment has not occurred. Any structure, or structure and lot in combination, in or on which a nonconforming use is superseded by a permitted use must thereafter conform to the regulations of the zoning district in which said structure is located, and the nonconforming structure or use shall not thereafter be reinstituted. The Zoning Officer shall determine abandonment and shall be informed by any action, or lack thereof, to further signify that a use has been terminated. Such as indicators may include removal of essential equipment, removal of signage, removal of inventory, removal or semipermanent disconnection of utilities, de-facto cessation of operations, a record of chronic failure to maintain property in accordance with property maintenance codes, declaration of unsafe building, condemnation, evidence of chronic dumping, vandalism or other vice. The Planning Board shall hear appeals of this decision.