No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to or enlarged, rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth herein; nor shall any open space contiguous- to any building be encroached upon or reduced in any manner except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in this chapter for the zone in which such building space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter. Structures and uses that are not specifically authorized in any district are prohibited.
**Webmasters Note: The previous section 197-5 through 197-7 has been amended as per supplement dated 1/10/01.
A. No residential lot shall have erected upon it more than one principal building.
B. Every principal building shall be built upon a lot with frontage upon a street giving access to said building, which street is an existing state, county or municipal street or highway.
A. An accessory building attached to the principal building shall comply in all respects with the requirements of this chapter applicable to the principal building or to §197-23 of this article, whichever is more strict. Central air-conditioning units located outside of structures which they serve shall be located within the rear yard directly behind the structure and shall not be permitted within the side yard or front yard.
B. No accessory building may be built on any lot on which there is no principal building.
C. No accessory building shall exceed the height of the principal building.
D. No detached accessory structure or building shall be located in a required front yard area for the principal building.
E. Any building or structure which is connected to the principal building by a porch, deck, breezeway or any other unheated connected structure, covered or uncovered, shall be considered detached for the purposes of this chapter.
F. Any detached accessory structure or building located outside of the envelope of the principal building shall not exceed 15 feet above the average ground level as measured from its lowest to its highest point after grading; nor shall it exceed 100 square feet in area for sheds or 500 square feet in area for garages.
G. For the purpose of regulating the locations of accessory buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the district in which said corner lot or through lot is located; provided, further, that no accessory building shall be permitted in any front yard.
A. No yard or open space required in connection with any building or use shall be considered as providing a required yard for any other building on the same or any other lot.
B. Where a lot is formed from part of a lot already occupied by a building, such separation shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing building and yards and other open spaces in connection therewith. No permit shall be issued for the erection of a new building on the new lot thus created unless it complies with all the provisions of this chapter, or unless variances for any departures from requirements are granted by the board with jurisdiction.
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the district in which said lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
A. The storing or parking of school buses on any properties, public roads or public streets in all residential districts is prohibited with the following exceptions:
(1) Parking of a school bus for such reasonable time as may be required in the normal course of discharge or pickup of students.
(2) Storing or parking of school buses located inside garages or other buildings.
B. As used in this section, the following terms shall have the meanings indicated:
SCHOOL BUS - A motor vehicle utilized primarily for the transportation of school children and registered pursuant to the laws of the State of New Jersey and the Division of Motor Vehicles as an S-l or S-2 vehicle.
**Webmasters Note: The previous definition pertains to section 197-12.
C. Owners, lessees, occupants and other persons responsible for or permitting any act that violates this section shall be guilty of such violation as will the owner or use of any vehicle so parked or stored.
A. The parking or storing of a commercial vehicle, including trucks and commercially registered trailers, with an individual or combined gross vehicle weight (GVW) in excess of 7,800 pounds on any street or residential driveway or yard within the borough is prohibited, except that tow trucks, flatbed trucks, dump trucks, step vans and box trucks, regardless of GVW, are prohibited at all times.
B. Nothing herein shall prohibit the parking of a commercial vehicle for such reasonable time as may be required in the normal course of pickup, delivery and emergency services.
C. The parking or storing of any vehicle or trailer containing or storing any hazardous, unhealthy or noxious cargo or substance, except as otherwise provided in Subsection A, shall be prohibited.
D. Owners, lessees, tenants and other persons responsible for or knowingly permitting a violation of this section shall be guilty of such violation, as will the owner or user of any vehicle so stored or parked. Any person convicted in the Municipal Court for violating this section shall be subject to a fine of up to $500 for a first offense and up to $ 1,000 for the second and each subsequent offense. Each twenty-four-hour period shall constitute a separate and distinct day for the purposes of this section. Each day this section is violated shall be deemed to be a separate and distinct offense.
E. Enforcement. The Police Department shall have authority to enforce the provisions of this chapter.
Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been issued and the construction of which shall have been started before the date of first publication of notice of the public hearing on this chapter.
A. On any corner lot no fence, structure or planting over 30 inches in height shall be erected or maintained within 25 feet of the intersection of the road right-of-way lines so as to interfere with traffic visibility across the corner, and no wall or fence and no hedge, tree, shrub, or other growth shall be maintained in such a way as to cause danger to traffic on a street by obscuring the view.
B. Any existing obstruction, exclusive of trimmed trees or existing buildings, of this character which, within the foregoing limits, curtails the view of drivers of vehicles approaching the intersection shall be removed by and at the expense of the owners of such corner lots within six months of the date of passage of this chapter.
A. No solid fence or wall used as a fence shall be erected over six feet, except a retaining wall.
B. No fence or wall of a nonsolid nature, which shall be a fence with four-inch-wide or less openings between elements, shall be erected over six feet.
C. Fences shall be erected so that the finished side shall face out from the areas being enclosed.
D. No fence or wall, except natural fences limited to four feet, shall be erected in the front yard setback of any lot.
E. For the purposes of this section, a fence shall include hedges and other natural material placed on or near a lot line for fencing purposes.
F. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animal .
G. All fences must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.
H. Every fence shall be maintained in a safe, sound, upright condition.
I. Fences made from used or discarded materials not usually associated with fences, such as but not limited to doors, old lumber and the like, are prohibited.
J. Fences around swimming pools shall meet construction code requirements.
A. When fences are to be installed as part of a site plan application involving a building or other structures, the same shall be shown on the site plan, and the nature of said proposed fence shall be described.
B. Barbed-wire and electronically charged fences are specifically prohibited; however, barbed wire may be permitted to be installed above a height of six feet on customary security-type fences, in industrial zones, if permission therefor is specifically granted by the appropriate authorities.
C. No solid fence or wall used as a fence shall be erected over six feet, except a retaining wall.
D. No fence or wall of a nonsolid nature, which shall be limited to four-inch-wide or less openings between elements, shall be erected over six feet.
E. Fences shall be erected so that the finished side shall face out from the areas being enclosed.
F. All fences must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.
G. Every fence shall be maintained in a safe, sound, upright condition.
H. Fences made from used or discarded materials not usually associated with fences, such as but not limited to doors, old lumber and the like, are prohibited.
A. When fences are to be installed as part of a site plan application involving a building or other structures, the same shall be shown on the site plan and the nature of said proposed fence shall be described.
B. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animal .
C. No solid fence or sound barrier used as a fence shall be erected over eight feet, except a fence or sound barrier of wood construction being used as a buffer between adjoining residential properties and commercial or industrial properties having a truck delivery loading area. The owner of the commercial or industrial property may erect a fence or sound barrier of wood construction with a maximum height of 12 feet for the purpose of protecting the residential property from truck deliveries, traffic, litter, debris, light glare, noise and such other nuisance that would disturb peaceful possession; provided however, that any such fence or sound barrier erected over eight feet in height shall comply with the provisions of §§197-17B and 197-17E.
D. No fence or wall of a nonsolid nature, which shall be limited to four-inch-wide or less openings between elements, shall be erected over eight feet, except as provided for in Subsection C herein.
E. Fences shall be erected so that the finished side shall face out from the areas being enclosed.
F. All fences must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.
G. Every fence shall be maintained in a safe, sound, upright condition.
H. Fences made from used or discarded materials not usually associated with fences, such as but not limited to doors, old lumber and the like, are prohibited.
The Borough of Kenilworth recognizes the importance of preserving the character of its residential neighborhoods, especially when residential properties abut industrial properties. The Kenilworth Master Plan establishes goals and objectives to preserve and improve residential neighborhoods, minimize conflicts between nonresidential and residential zoning districts and promote efforts for the control and reduction of pollution to the natural environment. In furtherance of these goals and objectives, the governing body has established guidelines to provide a buffer between adjoining residential and industrial properties, especially where there are tractor-trailer truck delivery and/or loading docks or commercial or industrial properties that adjoin residential properties.
A. When fences are to be installed as part of a site plan application involving a building or other structures, the same shall be shown on the site plan and the nature of said proposed fence shall be described.
B. No fence shall be erected of barbed wire, topped with metal spikes or constructed of any material or in any manner which may be dangerous to persons or animals.
C. No solid fence or sound barrier used as a fence shall be erected over eight feet, except a fence or sound barrier of wood construction being used as a buffer between adjoining residential and industrial property where the industrial property has a tractor-trailer truck delivery loading dock with two or more bays that abut the residential property. The owner of the industrial property or adjoining residential property may erect a fence or sound barrier of wood construction with a maximum height of 12 feet for the purpose of protecting the residential property from truck deliveries, traffic, litter, debris, light glare, noise and such other nuisance that would disturb peaceful possession; provided however, that any such fence or sound barrier erected over eight feet in height shall comply with the provisions of §§197-17B and 197-17E. [Amended 11-8-2000 by Ord. No. 2000-20]
D. No fence or wall of a nonsolid nature, which shall be limited to four-inch-wide or less openings between elements, shall be erected over eight feet, except as provided for in Subsection C herein.
E. Fences shall be erected so that the finished side shall face out from the areas being enclosed.
F. All fences must be erected within the property lines, and no fences shall be erected so as to encroach upon a public right-of-way.
G. Every fence shall be maintained in a safe, sound, upright condition.
H. Fences made from used or discarded materials not usually associated with fences, such as but not limited to doors, old lumber and the like, are prohibited.
A. All uses, other than residential uses, shall provide buffer areas along all side and rear property lines which abut areas zoned residentially.
B. Buffer areas shall be maintained and kept free of all debris, rubbish, weeds and tall grass.
C. No structure, activity, storage of materials or parking of vehicles shall be permitted within the buffer area.
D. A solid and continuous landscape screen shall be planted and maintained. Said landscaping shall consist of massed evergreen and deciduous trees and shrubs of such species and size at least six -feet in height and/or such density as will effectively obscure the light of automobile headlamps emitted from the premises throughout the full course of the 'year. Such buffer planting shall be at least 10 feet wide.
E. In addition to such buffer planting, the owner of the commercial or industrial property shall erect on the buffer area a fence at least six feet in height for the purpose of protecting the residential property from litter, debris and light glare and such other nuisance that would disturb peaceful possession. Such fence shall not be less than 90% solid and shall be located only as shown on the site plan approved by the Planning Board. [Amended 4-12-2000 by Ord. No. 2000-21
F. The screen planting strip shall be provided and maintained by the owner of said commercial or industrial property.
A. Whenever possible, parking space requirements shall be met in the same lot with the principal use to which the parking space is accessory. If this is not possible, the parking space shall be provided on another site, with no parking space further than 300 feet from the entrance of the building, measured along public accessways, except where the other site is adjacent and contiguous to the lot with the principal use, then no parking space shall be farther than 500 feet from the nearest property line of the principal use. Such parking space which is provided on another site shall not be on the opposite side of a heavy traffic street from the principal use to which it is accessory. The area of the property on which the separate parking lot is located may be included in the total minimum lot area required. In the case of a single-family detached dwelling or duplex detached dwellings parking space purposes of this section, the phrase "heavy traffic street' shall include and be limited to Michigan Avenue, the Kenilworth Boulevard, Monroe Avenue, South 21st Street and Market Street.
B. Handicapped parking space locations and requirements must meet the requirements of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-7.
Home occupations/professional offices are not permitted in residential zones. Existing home occupations/professional offices are subject to the following regulations:
A. The occupation or profession shall be carried on wholly within the first floor of the dwelling unit which is the principal building.
B. Such use shall be conducted only by a resident occupant or occupants of the residence.
**Webmasters Note: The previous sections §197-17.G through §197-20.B have been amended as per Supplement Dated 1/10/01.
C. There shall be no exterior display or exterior sign other than a nameplate not exceeding two square feet in area and no exterior storage of material and no other exterior indication of the occupation or variation from the residential character of the principal building.
D. No offensive noise, vibration, smoke, dust, odors, heat, glare, electrical or radio interference shall be produced.
E. Such occupation cannot occupy an area which exceeds 25% of the area of the first floor of the building.
