A. No structure within a Local Commercial, Commercial, Industrial or Public Facility District shall be over 35 feet in height.

B. No structure within an industrial district shall have a height greater than 35 feet, except if it is more than 50 feet from any other structure, public right-of-way or property line, in which case it may be no more than 50 feet.

C. No portion of a structure within the Special Commercial District shall have a height greater than 35 feet, except if any portion of a structure is more than 50 feet from an structure, public right-of-way or property line, in which case such portion may be no more than 40 feet.

D. No structure in a residential district shall be more than 35 feet in height.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2008- 02.

A. Development in floodplain areas is regulated by the New Jersey Department of Environmental Protection (NJDEP). No structure shall be erected or expanded unless such activity meets the NJDEP requirements and an appropriate permit or waiver therefrom obtained.

B. The NJDEP stream encroachment permit requirements are listed in N.J.A.C. 7:13.

C. Chapter 98, Flood Damage Prevention, of the Code of the Borough of Kenilworth has additional requirements for development in floodplain areas.

D. NJDEP regulations, N.J.A.C. 7:13-1.3(f)2.i, allows additions to an owner-occupied single family residential structure up to a total of 300 square feet, subject to certain conditions, within the flood-fringe area.

A. No detached garage shall be placed nearer than three feet to a rear or side lot line; no attached garage shall be placed closer than five feet to a rear or side lot line.

B. In the case of a corner lot fronting upon two streets, 'no garage shall be erected or altered so as to encroach upon the area between each respective street and a line drawn parallel to each such street in a manner to divide the lot into two equal parts.

C. In no case shall a garage project beyond the setback line controlling the adjoining main building on the same side of the street within the block.

D. No garage shall exceed a height of more than 1 stories or 15 feet, whichever is the lesser.

E. No garage shall occupy an area greater than 30% of the area of the rear yard.

F. Every new dwelling unit must have a garage for at least one vehicle.

G. Existing attached or detached garages on dwelling units must be maintained as garages and cannot be converted to living space.

The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone, cable TV or electric service. All facilities such as pumping stations, repeater stations, electric substations and towers which require a structure shall be subject to the provisions of this chapter.

A. Temporary mobile homes shall be permitted to be utilized in residential districts where the need for such type dwelling arises as a direct result of fire or weather-related damage to the existing dwelling which makes that building uninhabitable. The Borough Construction Official shall determine the size and placement of such mobile home or trailer which must be located on the property for which it is to be used. In no event shall a mobile home or trailer be located on the premises in question for a period in excess of six months without the express consent of the Borough Council.

B. For all other purposes, outside temporary storage units, that may not exceed eight feet wide, eight feet high, and 16 feet long, shall be permitted for a thirty-day period provided the resident details in writing the need for a storage unit and obtains a temporary permit at a cost of $50 from the Borough Construction Official. Permits must be conspicuously displayed on the side of the storage unit. Prior to expiration of the thirty-day period, the resident may request and be granted a single thirty-day extension for an additional $50 fee. The temporary storage unit may be placed in the front or side yard of the subject property. The placement of a temporary storage unit cannot extend beyond side yard setbacks nor be within 10 feet of the street. In no event shall the period of time that a temporary storage unit is placed on the property exceed 60 days in any ten-month period..

C. No dumpster, roll-off container, or similar container for trash or debris of any type may be placed or maintained on any private property in a residential district within the Borough unless the resident obtains a temporary permit at a cost of $20 from the Borough Construction Official. The resident shall submit the $20 fee along with a written application detailing the need for the dumpster and the name, address and telephone number of the company supplying such dumpster to the resident. Said dumpster may not exceed twenty (20) yards in capacity and must be placed on a driveway or other suitably paved area in the front or side yard of the property and not be within ten (10) feet of the street. Permits must be conspicuously displayed in plain view from the street or on the side of the dumpster. The duration of the temporary permit shall be for a thirty-day period. Prior to the expiration of the thirty-day period, the resident may request and be granted a single thirty-day extension for an additional $20 fee. In no event shall the period of time that a dumpster is placed on the property exceed sixty (60) days in any ten (10) month period.

D. The person to whom a permit is issued for a dumpster shall be required to ensure that the dumpster is covered by a tarpaulin or other suitable cover at all times the dumpster is not in use or unattended for more than three hours..

E. Any violation of this section shall be fined at the rate of $100 for the first violation, and shall be cured within a seven-day period. Continued violation after the seven-day period shall be subject to a fine at a rate of $100 per day.

F. Any ordinance contrary to the foregoing is hereby repealed to the extent of such inconsistency.

**Webmasters Note: The previous section has been amended as per Ordinance No.2009-12.

A. No driveway apron shall be constructed in the Borough of Kenilworth in a residential district unless the same complies with the following requirements:

(1) All such aprons shall be constructed of concrete or bituminous concrete, or concrete paving stones.

(2) The maximum width for any such apron shall be as follows:

(a) One-car garage: 12 feet.

(b) One-car garage with allowance for additional off-street parking: 18 feet.

(c) Two-car garage: 24 feet.

B. Residential driveways may be located adjacent to lot lines, provided that they do not encroach into adjoining property.

C. Common driveways may be utilized by consenting adjoining property owners.

D. No driveway to be used in conjunction with any other than a residential district shall be installed unless site plan approval therefor has been obtained.

Outside storage of firewood shall only be permitted in R-1, R-2 and R-3 Districts if stored in the following manner:

A. Only in the rear yard.

B. At least three feet from all property lines.

C. No more than two cords and piled not more than four feet high.

D. Raised off the ground, in accordance with fire, health and safety requirements.

A. Large satellite dishes are a permitted use when located in the rear yard. If they are to be located in the side yard or upon a roof, they are permitted as a conditional use as an accessory structure to a principal use.

(1) There shall be one satellite dish per lot per principal structure, whichever is less, and shall be solely for the use of such lot or structure.

(2) The dish shall be no more than 10 feet in diameter and no higher than 11 feet from the base (including the stand) to the highest point of its outer circumference, with any extensions.

(3) The satellite dish shall contain no lettering, advertising or identification markings and shall be of a color which best blends with the surroundings.

(4) In the event that the location of the satellite dish in the rear yard imposes an unreasonable limitation on or prevents the reception of satellite-delivered signals by the applicant or imposes costs on the applicant that are excessive in light of the installation costs, then the Planning Board may authorize a permit to place a satellite dish on top of existing structures, or in a side yard, consistent with the safety, health and aesthetic objectives of the borough and the ability to receive signals.

(5) Where the applicant desires a permit for the placement of a satellite dish in a location other than the rear yard, the applicant shall have the burden of proving the unreasonableness of the rear yard location. A location shall be considered reasonable if the applicant is able to receive usable satellite signals from the major communication satellites.

(6) It is the purpose of this section to regulate the construction, erection and use of large satellite dishes consistent with a citizen's right to receive and utilize satellite signals. The size and shape of satellite dishes present health, safety and aesthetic concerns to the community, and it is the purpose of this section to locate the satellite dishes in the rear yard whenever and wherever possible. It is further the purpose of this section to locate the satellite dishes on the ground. Finally, it is the purpose of this section to limit rooftop locations of satellite dishes to those applicants who are unable to receive satellite signals at other reasonable locations upon the property.

B. A transmitting dish or transmitting antenna is not a permitted use, except for amateur radio operators licensed by the Federal Communications Commission at the licensee's authorized station location. The Planning Board is hereby authorized to grant a conditional use permit for such antennas subject to reasonable requirements, consistent with orders and opinions of the Federal Communications Commission concerning public health and aesthetics.

C. A small satellite dish, 18 inches or less in diameter, is permitted as an accessory structure attached to a principal building subject to the following:

(1) There shall be no more than one small dish per lot per principal structure, whichever is less, and such dish shall be mounted so that it does not project more than three feet from a wall or roof surface. When wall mounted, the small dish shall not project into the required minimum side or front yards.

(2) The small dish shall be mounted on any roof or wall surface which does not face a street, except that, where, in the opinion of the Zoning Officer, such a placement does not permit reasonable reception, the small dish may be mounted on a roof surface which

(3) No satellite dish (larger than 18 inches) as defined in this chapter shall be permitted on a lot where there is a small satellite dish.

A. The New Jersey Residential Site Improvement Standards, are listed in the New Jersey Administrative Code, Title 5, Chapter 21.

B. These standards and rules shall govern any site improvements carried out or intended to be carried out or required to be carried out in connection with any application for residential subdivision, site plan approval or variance before any Planning Board or Zoning Board of Adjustment created pursuant to the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.); or in connection with any other residential development approval required or issued by any municipality or agency or instrumentality thereof

The following uses are permitted in the R-1 District:

A. Single-family detached dwelling used as a residence by not more than one family, provided that there shall be not more than one house on any lot.

B. Public park or public recreation area.

C. Public and private utility structures necessary to serve areas within the borough, subject to limitations of §197-31.

The following uses are prohibited in the R-1 District:

A. Utility structures which resemble substations or industrial-type facilities.

B. Any use other than those listed in §197-30 is prohibited.

The following accessory buildings are permitted in the R-1

District:

A. A private garage for the storage of not more than three motor vehicles.

B. A shed, either temporary or permanent, subject to the following regulations:

(1) The maximum size shall be 10 feet by 10 feet.

(2) They shall be located at least three feet from any lot line.

(3) They shall be permitted only in the rear yard of a lot with a principal building.

A. The lot area shall be a minimum of 6,000 square feet.

B. The lot frontage shall be a minimum of 60 feet.

C. The front yard shall be not less than twenty-five (25) feet on the ground floor and a second floor shall not be less than twenty-three (23) feet.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 2004- 01.

D. The building lot shall have side yards of not less than eight feet each.

E. Corner lots shall have a front yard abutting the shortest streetline.

F. Rear yard requirements shall be a distance of not less than 20 feet.

**Webmasters Note: Subsection G. has been deleted as per Ordinance No. 2008-02.