Any restrictions or requirements with respect to buildings or land, which appear in other ordinances of the borough or are established by law and which are greater than those set forth herein, shall take precedence over the provisions of this chapter.

Except as herein otherwise provided:

A. No building or structure shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, nor shall any land or building be de signed, 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 district in which such building or land is located and meeting the requirements as set forth in the Schedule.

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 with the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations hereinafter designated in this chapter for the zone district in which such building or open space is located.

C. No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading areas 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 district 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.

Wherever the depth of lots is established by existing street patterns in any residential zone, the depth requirements of the zone may be waived as long as all setback lines are maintained.

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 guaranty 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.

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, provided that the total area of all such porches, which extend into such yards, does not exceed one thousand (1,000) square feet.

D. All residential lots shall provide a rear yard. Where a lot does not have a rear lot line, the rear yard shall occupy a space between the side lot lines and required front yard lines. The minimum depth of said yard shall be equal to the required minimum rear yard depth, and the minimum width of said yard shall be equal to one- half (1/2) the actual lot width. [Added 6-8-1992 by Ord. No. 644]

E. [Added 6-8-1992 by Ord. No. 6441 Where an excessively narrow building envelope would result from multiple street frontages where a lot dimension is less than one hundred (100) feet, the required front yard depth shall be reduced as follows:

(1) In the R-4 Zone, one (1) yard may be reduced to twenty-five (25) feet; and in the R-4.5 Zone, one (1) yard may be reduced to twenty (20) feet; and in the R-5 Zone, one (1) yard may be reduced to fifteen (15) feet; or

(2) In any zone, the required front yard depth may be reduced to fifty percent (50%) of the lot dimension, but in no case shall it be reduced to less than twenty (20) feet.

F. The required front yard depth may be reduced where a zone which permits a lesser depth adjoins a side lot line. The reduced depth shall apply for that portion of the lot which lies within one hundred (100) feet of the zone line and lies on the same street. [Added 6-8-1992 by Ord. No. 644]

A. Sight triangles shall be provided at the intersection of two (2) or more streets, and 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 (1) foot in diameter, shall be permitted on any lot within the triangular area formed by two (2) intersecting street lines bounding said lot, or the projection of such lines, and by a line connecting a point, on each line located fifty (50) feet from the intersection of the street lines for borough streets and as required by Monmouth County for county roads and the New Jersey Department of Transportation for state roads.

B. Sight triangle areas shall be maintained, trimmed or cleared in order to maintain sight distance as required herein.

C. Sight triangle easements may be required in accordance with § 94-8.14C, Sight triangle easements.

Unless otherwise specified in this chapter, accessory buildings shall conform to the following regulations as to their locations on the lot:

A. An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located in other than a front yard and, if located in a side or rear yard area, shall be set back at least eight (8) feet from all lot lines if not otherwise provided in the zone district regulations, except that storage sheds containing less than one hundred (100) square feet of floor area may be located not less than three (3) feet from any side or rear lot line.

B. Accessory buildings may occupy not more than twenty-five percent (25%) of the rear or side yard area in any residential zone, provided that such buildings shall not exceed sixteen (16) feet in height.

C. No detached accessory structure, in any residential zone, shall be less than five (5) feet from the principal building.

D. No accessory building shall be used for residence purposes except by domestic employees of the tenant or of the owner of the premises.

E. No accessory building which is intended to be occupied for dwelling purposes shall be constructed before the principal building.

F. Accessory buildings must be located on the same lot as the principal use to which they are accessory.

[Amended 6-8-1992 by Ord. No. 6441

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

B. The minimum gross floor area of buildings on any lot shall be as set forth in the Schedule of Zoning District Regulations,' except as follows:

(1) Any accessory building with less than five hundred (500) square feet of gross floor area shall be excluded;

(2) Any cellar, garage, crawl space, unfinished attic area or unfinished space of any nature shall be excluded; and

(3) Any finished space with a clear ceiling height of less than the minimum ceiling height prescribed in the Building Code for the type of building concerned but with a height of four (4) feet or more shall be included, but such area may not satisfy more than ten percent (10%) of the requirement.

C. The maximum coverage of a lot by buildings shall be as set forth in the Schedule of Zoning District Regulations and expressed as the percentage of total building area to land area wherein:

(1) Total building area is the sum of all principal and accessory building areas as measured within the perimeters circumscribing all above-grade enclosed portions of each building; and

(2) Land area is the area of the lot less any area over which construction of buildings or roadways is prohibited because of riparian lands, lakes, ponds, tidelands, tidal wetlands, freshwater wetlands or the one-hundred-year floodplain.

The provisions of this chapter shall not apply to customary underground essential services, as defined in § 94-2.3, except that all facilities, such as defined in 94-2.3, except and electric substations, which require a building above ground or any other above-ground appurtenance of any type more than forty (40) feet high, shall require approval as a conditional use subject to the provisions of this chapter.

Where two (2) or more lots. created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Planning Board, have any contiguous lines and are in single ownership and one (1) or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.

[Amended 4-9-1990 by Ord. No. 606]

No structure shall extend higher than the height limit provided in each zone except as follows:

A. Projections from buildings are permitted as follows:

(1) The height limitations created hereunder shall not apply to ornamental architectural features such as spires, belfries, cupolas or domes not used for human occupancy or to parapets, walls or cornices extending not more than four (4) feet above the building height limit.

(2) The height limitations created hereunder shall apply to architectural features such as chimneys, skylights, stair towers and elevator towers, except that the same may exceed said height limitations by not more than fifteen (15) feet but not more than twenty-five percent (25%) of the height of the building. Such features shall not exceed, in total coverage, ten percent (10%) of the total roof area.

(3) The height limitations created hereunder shall apply to utilitarian features and appurtenances such as heating and air-conditioning equipment, conventional radio television receiving antennas and ventilators and may exceed the height limitation by no more than ten (10) feet but not more than twenty-five percent (25%) of the height of the building. Such features shall not exceed, in total coverage, ten percent (10%) of the total roof area.

B. Freestanding structures are permitted as follows:

(1) All freestanding structures shall be set back from property lines a distance equal to the height of said structures.

(2) Freestanding flagpoles may exceed the height limits created hereunder by not more than fifteen (15) feet

(3) Freestanding utilitarian features and appurtenances such as electrical transformers, heating and air-conditioning equipment and radio-television receiving antennas may not exceed three (3) feet in height when located within any required yard area. Such structures may not exceed twelve (12) feet in height when located within the allowable principal building setback lines.

(4) Amateur radio antennas may exceed the height permitted for principal structures by fifteen (15) feet, provided that the diameter of the tower on which the antenna is mounted does not exceed ten (10) inches. Amateur radio operators shall submit a copy of their current FCC operator license and documentation of the required antenna height and construction details for any antenna or tower to be erected under this provision.

C. Accessory structures such as water towers and commercial radio and television antennas may be erected to an additional height authorized by the Planning Board but only to such height which can be demonstrated is necessary to accomplish the structure's intended function. Satellite dish antennas shall be subject to the following:

(1) Demonstration by the applicant that compliance with height limitations would result in the obstruction of the antenna's reception window and that furthermore, such obstruction is the result of obstructions which cannot be removed by the applicant.

(2) Installations on or within two hundred (200) feet of property zoned or used residentially shall not exceed twelve (12) feet in diameter. Installations in other locations shall not exceed twelve (12) meters in diameter.

[Amended 12-13-1993 by Ord. No. 670]

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

A. Floodway areas as defined by the United States Department of Housing and Urban Development Federal Insurance Program Flood Insurance Rate Map, United States Army Corps of Engineers, the New Jersey Department of Environmental Protection or by the Shrewsbury Environmental Commission.

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

C. Existing watercourses, ponds, marshes and swamps.

D. Wetlands and wetlands transition areas as defined by the New Jersey Wetlands Act of 1970 and the Freshwater Wetlands Act of 198710 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

E. Wetlands as defined by the New Jersey Department of Environmental Protection Coastal Management Development Policies and contained in the New Jersey Administrative Code and wetlands and wetland (hydric) soils as regulated by the United States Army Corps of Engineers.

F. Steep slopes in excess of ten percent (10%).

G. Flora and fauna on the New Jersey and/or Federal Endangered Species List and trees included on the Unique Trees Map of the Shrewsbury Borough Environ mental Commission Natural Resources Inventory.

Whenever a person acquires title to the land underwater adjacent to his property by virtue 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.

Where applicable, the municipal agency shall require as a condition of subdivision or site plan approval that the owner convey to the borough, drainage easements, conservation easements, sight triangle easements and/or shade tree and utility easements.

[Amended 7-11-1988 by Ord. No. 574]

Solid wastes, if stored 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 curbline for collection. Such receptacles may be stored in either rear or side yard areas, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing. Bulky household items, such as appliances, furniture and mattresses, which are impractical to place in containers, are subject to the same restrictions as other solid wastes. Solid wastes, including vehicle tires, which are to be picked up shall conform to the requirements established by the Department of Public Works for garbage and trash collection.

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

No nonresidential use, with the exception of farms, shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter.

[Amended 9-14-1987 by Ord. No. 559]

A. Temporary sales and the outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. Such temporary sales and displays shall be in accordance with a permit issued by the Zoning Officer. No business shall hold more than four (4) such sales per year, nor shall any one (1) sale exceed three (3) days in duration. Goods for sale, displayed or stored outdoors, shall not be located closer than twenty-five (25) feet to any street right-of-way or fifteen (15) feet to any side or rear line. An applicant for a permit for a temporary sales license shall be required to provide a diagram of the proposed temporary sales and/or outdoor display of goods area and proof of liability insurance for the proposed temporary sales and/or outdoor display of goods area. The fee for the required permit is twenty-five dollars ($25.) per day.

B. Temporary flea markets and sales operated by nonprofit groups, such as churches, may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. Such sales shall be in accordance with a permit issued by the Borough

Clerk. No nonprofit group shall hold more than four (4) such sales per year, nor shall any one (1) sale exceed three (3) days in duration. The fee for the required permit is twenty-five dollars ($25.) per day.

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

A. For approved dwellings with a professional office or home occupation and within the designated area of a P-1 Zone District, no building with a professional office shall be constructed or altered so as to be inharmonious to the character of residential structures.

B. The types of construction not considered to be residential in character include storefront types of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles) and unfinished concrete blocks or cinder block wall surfaces.

The exterior elevations shall be arranged and outer walls on nonresidential 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.