ARTICLE V GENERAL PROVISIONS
SECTION-5.1 REPEALER



Provisions of Other Ordinances is hereby repealed.

SECTION-5.2 APPLICATION OF REGULATIONS

Except as herein otherwise provided:

A. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land. or building be designed, used, or intended to be used for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.

B. No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations hereinafter designated for the zone in which such building or open space is located.

Except that existing non-conforming front porches that are less than forty (40) square feet in size can be covered with a roof, but not enclosed.

C. No off-street parking area, loading or unloading area provided to meet the minimum offstreet parking, loading or unloading requirements for one use or structure, shall be considered as providing off street parking, loading, unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this Chapter.

D. No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located, or unless a variance has been granted therefrom.

E. No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.

SECTION-5.3 FRONTAGE ON IMPROVED STREET

A. Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Borough requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this Chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.

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

SECTION-5.4 YARD AREAS:

A. No yard or other open space provided around any building for the purpose of complying with the provisions of this Chapter, shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

B. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this Chapter.

C. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves, provided, however, that none of the aforesaid projections shall project into the minimum required yards more than twenty-four (24) inches, unless otherwise permitted by this Chapter. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor, may extend into any yard providing the total area of all such porches, which extend into such yards, does not exceed one thousand (1,000) square feet.

SECTION-5.5 CORNER LOTS

A. On all corner lots, the depth of all yards abutting on streets, shall not be less than the minimum front yard depth required on all adjoining interior lots fronting on such street.

B. Where the corner lot abuts interior lots located in an adjoining zone having lesser front setback requirements, buildings may assume the minimum front setback dimension of the adjoining zone only if the adjoining zone is immediately adjacent and contiguous to the property and the proposed building is to be situated within one hundred (100) feet of said adjacent zone.

C. Lot lines of corner lots, that are coexistent with side lines of abutting lots, shall be considered side lines.

D. Lot lines of corner lots, that are coexistent with rear lines of adjoining lots, shall be considered rear lines.

E. Lot lines of corner lots, that are coexistent with lot lines of adjoining corner lots, shall be considered side lines.

SECTION-5.6 SIGHT TRIANGLE AT INTERSECTIONS

Unless more stringent regulations are provided by other provisions of this Chapter, at the intersection of two or more local streets, no hedge, fence, screening strip or wall higher than thirty (30") inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each street line located twenty-five (25') feet from the intersection of the street lines.

SECTION-5.7 ACCESSORY STRUCTURES

Unless otherwise specified in this Chapter, accessory structures shall conform to the following regulations as to their locations on the lot.

A. An accessory structure attached to a principal structure shall comply in all respects with the yard requirements of this Chapter for the principal structure. Detached accessory buildings shall be located in other than a front yard, and if located in a side or rear yard area shall be setback as provided in Article 10 of the ordinance from all lot lines, except that one storage shed containing one hundred (100) square feet or less of floor area and not more than 12 feet in height measured from the existing finished grade may be located not less than eight feet (8') from any side or rear lot line.

B. Accessory structures shall not exceed sixteen feet (16') in height.

C. Accessory Structures shall not exceed one hundred and fifty (150) square feet in size, except free standing garages, which may not exceed six hundred (600) square feet in size.



D. A detached accessory structure, in any residential zone, shall be at least five feet (5') from the principal structure and any other accessory structure.

E. No accessory building shall be used for residence purposes.

F. Air conditioners and condenser units shall be allowed 3 feet of the principal structure and at least fifteen (15) from the property line, except that the distance to the property can be reduced to as little as eight (8) feet if a sound absorption/reduction system to determine noise levels is installed.

SECTION 5.8 NUMBER OF PRINCIPAL BUILDINGS

Any lot utilized for single family detached dwelling purposes shall not contain more than one (1) principal building.

SECTION-5.9 PRESERVATION OF NATURAL FEATURES

Wherever feasible all of the following shall be preserved in its natural state:

A. Floodway areas.

B. Areas containing a significant number of specimen trees determined by the Environmental Commission.

C. Existing water courses, ponds, marshes and swamps.

D. Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

E. Wetlands as defined in Chapter 19 of the Revised General Ordinances of the Borough of Little Silver.

SECTION-5.10 RIPARIAN GRANTS

Whenever a person acquires title to the land under water adjacent to his property by virture of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant, provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit, shall not be applicable to meeting the minimum lot area for the governing zone.

SECTION-5.11 EASEMENTS

Where applicable, the Planning Board shall require as a condition of site plan approval, that the owner convey to the Borough, drainage easements, conservation easements, sight easements and/or shade tree and utility easements which may be required.

SECTION-5.12 SOLID WASTE STORAGE FOR SINGLE FAMILY DWELLING

Solid wastes from single family dwelling when outdoors, shall be placed in metal or plastic receptacles with tight fitting covers. Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curb lines for collection. Such receptacles may be stored in either the rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and stree areas with planting or fencing.

SECTION-5.13 SOLID WASTE DISPOSAL

The dumping of refuse, waste material or other substances is prohibited in all districts within the Borough.

SECTION-5.14 OUTDOOR STORAGE OF MATERIALS

No person shall store materials of any kind outdoors in any district, except for the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this Chapter.

SECTION-5.15 OUTDOOR DISPLAY OF GOODS

A. Retail and/or wholesale business uses shall not display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the Planning

Board.

B. Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business enclosed within a structure located on the site, unless in accordance with a permit or other approval issued therefore by the Borough Council.

Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out of doors shall not be permitted in any zone within the Borough.

C. Coin-operated vending machines shall not be located further than two feet (2') from a related business structure.

D. Goods-for sale, displayed or stored outdoors, shall not be located closer than twenty-five feet (25') to any street right-of-way or fifteen feet (15') to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.

SECTION-5.16 APPEARANCE OF NON-RESIDENTIAL BUILDINGS

The exterior elevations shall be arranged and outer walls of non-residential buildings shall be faced with materials approved by the Planning Board in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.

SECTION-5.17 STORAGE OF BOATS AND TRAVEL TRAILERS

The outdoor storage of an unoccupied recreational vehicle, motor homes, travel trailer, camper or small boat shall be permitted on single family properties provided that:

A. Such storage shall not be located in any front yard.

B. Only one such travel trailer, recreational vehicle, camper, boat, motor home or camper shall be permitted to be stored outdoors at any single family residence.

C. Any such vehicles stored in accordance with this Section shall not be occupied and shall not be provided with utility connections. Any such vehicle shall not be stored outdoors for more than 180 days.

SECTION-5.18 STORAGE OF COMMERCIAL VEHICLES

A. No commercial motor vehicle or trailer having a rated maximum gross vehicle weight (GVW) in excess of 12,000 pounds or having more than two (2) axles, shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.

B. Not more than one (1) motor vehicle with commercial motor vehicle registration, having a rated maximum gross vehicle weight (GVW) of 12,000 pounds or less shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.

C. No commercial vehicle having advertising in excess of three (3) square feet per each side of the vehicle shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any vacant property in a residentially zoned area, except for vehicles engaged in construction, parked or stored on an active construction site.

SECTION-5.19 TIDAL WETLANDS PERMIT

No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection, except in accordance with a permit issued under the Act.

SECTION-5.20 MUNICIPAL WETLANDS PERMIT

No building, structure or use shall be permitted within areas defined as wetlands in Chapter 19 of the revised General Ordinance of the Borough of Little Silver, except in accordance with a permit issued under that Chapter.

SECTION-5.21 RADIO AND TELEVISION ANTENNAS

A. The provisions of this section shall apply to all radio and television antennas, including dish antennas for satellite television reception, herein referred to as dish antennas.

B. A free-standing antenna shall be a permitted accessory use in all zones, provided that the lot on which it is located contains a principal structure.

C. Free-standing antennas shall not be placed in the front yard, and shall meet side and rear yard set-back standards for an accessory building for the zone in which the antenna is located.

D. Procedure: Any property owner shall, prior to the placement of a free-standing antenna not attached to a building, submit to the Construction Code Official, a plan showing the size of the antenna, the proposed location of same on the subject premises, and any other information as may be required herein.

E. Plan Details: The plan shall be drawn on a map to a scale not smaller than one inch equals forty (40) feet and not larger than one inch equals ten (10) feet and include and show the following information:

1. The name and address of the applicant and the name and address of the property owner; the name, address and title of the person preparing the plan; the date of preparation and the dates of each plan revision.

2. An appropriate place for the signature of the Construction Code Official.

3. The lot and block number(s) from the Borough Tax Map; the length and bearings of the lot liens; and the location of the proposed project.

4. All existing buildings and structures and all accessory buildings and structures on the lot and the location and set-back dimensions of the proposed antenna.

5. Existing and proposed screening.

6. Any and all other information necessary to meet any other requirements of this

Ordinance not listed above.

F. Regulations:

1. Dish antennas shall be free standing ground-mounted only.

2. Power control and signal cables from a dish antenna to the served structure shall be buried underground and installed in accordance with the appropriate electrical and building codes.

3. Antennas shall be screened to minimise visibility from the street and adjacent properties.

G. Design Standards:

1. The diameter of a dish antenna shall not exceed twelve (12) feet.

2. A dish antenna shall be erected on a secure ground-mounted foundation in accordance with appropriate building codes.

3. The overall height from the `round level to the highest point of a dish antenna, including support structures, shall not exceed twelve (12) feet.

4. Free-standing antennas over twenty feet (20') in height or antennas extending twenty feet (20') above the point of attachment to a building shall be built to withstand winds of sixty (60) miles per hour.

SECTION-5.22 FLOODPLAIN MANAGEMENT

All development within the Borough shall conform to the regulations of Chapter 22 (Flood Damage Prevention) of the revised General Ordinances of the Borough of Little Silver.