A. Applicability of regulations. No land or premises shall be used and no building or structure shall be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein, for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.

B. Provisions applicable to all zones. Each of the sections and provisions of this section shall apply to all zone districts unless otherwise stated.

The control and regulation of the uses of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.

When a new lot or lots are formed from a part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this Part 9. Subdivision shall be effected in accordance with Part 3.

Where a use is not specifically permitted in a zone district, it is prohibited.

A. Requirements to be met on lot and within zone district. Unless otherwise provided herein, all yards, open spaces and off-street parking must be contained on the lot and within the zone district in which the use is located.

B. Required area or space. No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, said area or dimension shall not be further reduced.

A. Only one principal building may be erected on a lot, except for related buildings forming one principal use in the same ownership and limited to the following:

(1) Multifamily housing complexes, such as townhouse developments.

(2) Public or institutional building complexes.

(3) Office or industrial building complexes in the OB and BP Zones.

B. Unless otherwise regulated in this Part 9, no principal building shall be located closer to another building than the height of the taller building.

C. In addition, multiple principal buildings and uses are permitted as conditional uses in the BP Zone in accordance with the provisions of § 102-192.

D. No building to be used as a dwelling shall be constructed, altered or moved on, to or in the rear of any building situated on the same lot.

[Amended 9-14-1998 by Ord. No. 576]

Structures which are accessory to a principal building or use shall require a permit and shall be subject to the regulations below. Unless otherwise provided, these regulations shall apply to both accessory buildings and to accessory structures other than accessory buildings. These regulations shall not apply to signs, tennis courts, communication antennas and fences, which are regulated elsewhere in this chapter, unless otherwise indicated.

A. Accessory structures in residence districts.

(1) A maximum of two accessory buildings or structures, excluding patios, trellises, flagpoles and similar surface installations and ornamental features, shall be permitted on one lot and their combined floor area may not be greater than the ground floor area of the main building or structure on the same lot nor 1,500 square feet; provided, however, that barns and other accessory structures used for farming or horticultural purposes shall not be subject to this restriction.

(2) No accessory building or structure shall exceed the height of the main building or structure or 14 feet, whichever results in the lesser height; provided, however, that the height of barns and other accessory structures used for farming or horticultural purposes shall not be subject to this restriction. Any accessory structure that exceeds 14 feet in height as above permitted shall be set back from any property line a distance that is not less than the height of said accessory structure.

(3) No accessory building or structure shall be permitted in any required front yard.

(4) All accessory buildings and structures shall be located a distance from any main building situated on the same lot that is not less than the height of said accessory building.

(5) Accessory buildings and structures built in any rear yard shall not be closer than 10 feet to any side or rear property line of the lot containing said accessory building.

(6) Accessory buildings and structures may be built within any side yard if the distance from any accessory building to the side line of the lot is equal to or greater than the required side yard setback for the main building on said lot.

(7) The total lot coverage of all accessory buildings and structures including the water surface area of a swimming pool and the surface of a tennis court or similar recreational court, including side and back courts, located in the rear yard, shall not exceed 20% of the rear yard area.

(8) The total lot coverage of all accessory structures, excluding swimming pools and tennis courts or similar recreational courts, shall not exceed the lesser of 4% of the lot area or 100% of the ground coverage of the main building.

(9) Accessory buildings and structures on corner lots shall not be erected nearer to any street side line than the front yard setback required on the lot adjacent to the rear lot line of the lot upon which the accessory building is located.

(10) Additional provisions pertaining to accessory buildings are contained in § 102-150.

(11) Accessory buildings and structures specifically include any membrane structure, which, if used as a garage, shall also comply with the requirements of § 102-150.

B. Accessory buildings in the OB and BP Districts. Accessory buildings in nonresidence districts shall meet all the requirements applicable to principal buildings.

C. Excepting height limitations, the provisions of this section shall not apply:

(1) To flagpoles, lampposts, cooking grills and similar ornamental or utility fixtures.

(2) To patios, sidewalks and similar installations, except that any such structure located more than one foot above grade shall meet requirements for setbacks from property lines.

(3) To statues, monuments, flower boxes and similar ornamental or landscaping objects, provided that the same are located a distance of not less than the height of the object from any property line.

(4) Notwithstanding any other provision of this chapter, flagpoles are permitted in any yard in any zone up to a maximum height of 25 feet, provided that any such pole shall not be closer to a property line or street right-of-way line than the height of the pole or 20 feet, whichever is greater.

A. Required yards. Every lot must provide front, side and rear yards as required for its zone. All front yards must face upon a dedicated public street or private street approved by the Planning Board.

B. Front yards on streets less than 50 feet wide. On streets less than 50 feet in width, the depth of the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet.

C. Corner lots. All corner lots shall meet the front yard requirements for all yards abutting any street. For the purpose of administering this section, the side of the lot having the least amount of street frontage shall be construed as the front of the lot.

A. Notwithstanding any other provision of this chapter, on a corner lot no fence, trees or planting, sign or other object shall be erected or maintained which presents a traffic hazard by reason of the fact that the operator of a vehicle approaching the corner on one street could not adequately and without hindrance observe another vehicle approaching the corner on another street when such vehicles are within 90 feet of the point of intersection of the center lines of the respective streets.

B. All trees having branches overhanging any street sidelines in all zones shall have said branches trimmed at all times to ensure unobstructed vision eight feet above street pavement level.

C. On any corner lot in any zone, no fence, structure, planting or shrubbery over 30 inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within 25 feet of the intersection formed by the projection of the two street sidelines at the corner.

No permit is required for the construction of any fence or wall which is four feet or less in height. Any fence or wall which exceeds four feet in height and is more than 10% solid shall be set back from any property line a distance that equals or exceeds 1/2 the height of said fence or wall, unless said fence or wall is required to screen off-street parking areas as required by this chapter. No fence shall exceed six feet in height, except a fence surrounding a tennis court or similar recreational court, which shall not exceed 12 feet in height, provided that any fence over six feet in height shall be at least 75% open. No wall shall exceed six feet in height; provided, however, that necessary retaining walls may exceed six feet in height after a site plan has been reviewed and approved by the Township Planning Board. No fence, hedge, shrubbery or planting on any lot in any residential zone shall be constructed or installed within any right-of-way or within 12 feet from any existing edge of street pavement except for shade trees in accordance with § 102-49A(29).

Except as hereinafter specified, yards and courts required under this chapter shall be entirely free of buildings or parts thereof:

A. Cornices and eaves may project not to exceed three feet over any required yard or court.

B. Sills, leaders, belt courses and similar ornamental or structural features may project six inches into any required yard or court.

C. An open fire balcony or fire escape may project into a required yard not more than four feet.

D. Ground-story bay windows may project not more than three feet into any required front yard, rear yard or side yard in the residence zone districts.

[Amended 9-25-2000 by Ord. No. 622]

Any lot or plat as recorded at the time of passage of this chapter that fails to comply with the minimum requirements of this Part 9 may be used for any use not otherwise prohibited in such district in which it lies, provided that all of the following requirements are complied with:

A. Said lot is in single ownership as defined in Part 1.

B. All yard requirements are complied with.

A.detached garage as an accessory use for not more than two motor vehicles may be erected on a single lot in any residential zone district, subject to the requirements of § 102-144, provided that no single lot shall contain garage spaces for more than five motor vehicles. Not more than four garage spaces may be located in the principal building and not more than three such spaces shall be served from any one building elevation, except in the R-81 A District where all four garage spaces may be served from a single building elevation. Not more than one of the following may be kept either in a rear yard, and shall meet the setback requirements for accessory buildings, or in an enclosed garage: a boat, a noncommercial trailer, a travel trailer, a camper trailer, a motor home or a pickup camper. None of the foregoing shall be used as a dwelling or sleeping place when stored or kept on a lot. No motor vehicles either currently uninspected or unregistered or under repair so as to cause the same to be in a disassembled or disabled condition or being stripped or dismantled shall be parked, stored or left on any residential property or other property except inside a garage or enclosed building. In addition, the regulations below shall apply to commercial vehicles in residential zones:

A. Not more than one commercial vehicle shall be kept on a lot.

B. Any such commercial vehicle shall be kept in a garage.

C. Any such commercial vehicle shall have no more than two axles; one in front and one in the rear of the vehicle.

D. No such vehicle shall exceed a height of eight feet measured from the ground to the highest part of the vehicle nor 20 feet in length measured bumper to bumper.

E. No commercial vehicle requiring a commercial drivers license to operate shall be kept on a lot.

F. No garbage trucks, tanks trucks or trucks carrying tanks of any kind are permitted.

G. No commercial vehicles containing warning or danger parcards shall be permitted.

H. None of the foregoing provisions shall be construed to limit the number of vehicles used on a farm or require the garaging of such farm vehicles.

I. Any vehicle or wheel-based, motorized equipment not regulated above is prohibited unless kept in a garage.

In the residential zones and the OB Zone, outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with a residential occupancy, is prohibited, unless in accordance with § 102-150. In the BP Zones, no article, material, merchandise or goods shall be kept stored or displayed outside the confines of a building unless the same is screened by fences, walls or plantings in such manner that it is not visible from the public street or adjoining property.

The conversion of existing structures to a use permitted in the zone district in which said structure is located is equally subject to the same regulations as are new structures to be constructed in said zone district.

No driveway shall be permitted to serve any use other than the permitted use on the lot upon which said driveway is located.

The combined use of residential and business within one structure or on one lot is prohibited unless as hereinafter specifically permitted.

[Amended 2-24-1999 by Ord. No. 589]

Temporary permits may be authorized by the Township Committee for a period not to exceed one year for nonconforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery, the assembly of building materials and a real estate office located on the tract offered for sale. The issuance of such permits shall be conditional upon agreement by the owner to comply with all directions of the Township Committee with respect to the construction and use of said structure and to remove any structure or structures erected thereunder and to discontinue such uses upon expiration of the temporary permit. Such permits may be renewed by the Board of Adjustment annually, after a hearing, over a period not to exceed three years.

All requirements of this chapter pertaining to fences, walls, buffer areas, trees, landscaping, curbs and paving that are shown on a site plan hereafter approved by the Planning Board pursuant to Part 3 shall be adequately maintained at all times by the applicant to always meet the conditions of said approved site plan.

A. The purpose of this section is to assure the continuation and expansion of commercial and home agricultural pursuits by encouraging a positive agricultural business climate and protecting the farmer against municipal regulations and private nuisance suits, where recognized methods and techniques of agricultural production are applied which are consistent with relevant federal and state law and non threatening to the public health and safely. This provision also acknowledges the need to provide a proper balance among the varied and sometimes conflicting interests of all lawful activities in the State of New Jersey. The retention of agricultural activities is desirable to all citizens in Morris County because it ensures numerous social, environmental and economic benefits, including the preservation of open space and atmospheric habitat; the preservation of land as a finite resource and as a source for agricultural products for this and future generations; and the protection and maintenance of the aesthetic beauty of the countryside and rural character of the community which includes farm architecture and scenic variety.

B. Where the right to engage in agriculture, as defined herein, is a permitted use in a zone, it shall be presumed that such uses, activities and structures in connection therewith shall not constitute a public or private nuisance, provided that such agricultural uses are conducted in conformance with the acceptable agricultural management practices defined herein.

C. All uses and structures customarily incidental to agriculture shall be permitted accessory uses in the zones set forth herein above, including but not limited to:

(1) The storage, processing and sale of farm products where produced.

(2) The use of irrigation pumps and equipment.

(3) The application of manure, chemical fertilizers, insecticides, pesticides and herbicides.

(4) On-site disposal of organic agricultural waste.

(5) Installation of soil and water conservation practices in accordance with a Conservation Plan approved by the Morris County Soil Conservation District.

(6) Transportation of slow moving equipment over roads within the municipality.

(7) Utilization of tractors and other necessary equipment.

(8) The employment of farm laborers.

(9) The creation of noise, dust, odors and fumes inherently associated with such uses.

(10) The conducting of farm practices at any and all times when necessary.

(11) Recreational use (snowmobiling, off-highway vehicle use, hunting, etc.) as permitted by the farm owner, with the provision that any recreational use of farm land that changes the underlying agricultural nature of the land shall be subject to the usual site plan review, variance applicant and all required permits.

(12) Provisions for the wholesale and retail marketing of the agricultural output of the farm, which includes the building of temporary and permanent structures and parking areas for said purpose, all of which must conform with the following development standards.

(a) All roadside stands shall be licensed in accordance with Chapter 151 of the Ordinances of the Township of Boonton.

(b) All goods sold on the premises must clearly be agricultural in nature.

(c) The retailing of agricultural goods which were raised in greenhouses or were transported to the site for sale is permitted.

(d) The retailing of manure or fertilizers is permitted but must be prepackaged, not stockpiled outside, and must meet Township health and safety codes.

(e) On-site parking space shall be provided for no fewer than three customer vehicles.

(f) All operations shall be so conducted as to permit the safe passage of customers in accordance with Township health, safety, building and fire codes. All buildings must be maintained in an overall sound and aesthetically pleasing condition.

(g) All greenhouses associated with this use shall be located at least 75 feet from any property line.

(13) The raising and keeping of farm animals, including pets and pastoral farm animals, in accordance with § 102-135 and Schedule D, Notes 3A and 6.