(b) In determining the maximum number of dwelling units permitted, where the number of rooms in dwelling units varies, a weighted proportion of each type to the total distribution shall be utilized.

2. Distances Between Buildings. The minimum distance between any two (2) buildings shall not be less than as required under the following formula:

Hb.......... = The height of Building B. The height of Building B is the average height above finished grade of the nearest wall or walls facing Building A.

3. Maximum Number of Dwelling Units Per Grouping; Length; Design.

(a) Each building shall contain not more than eight (8) dwelling units, and in attached buildings not more than twenty-four (24) dwelling units, with no portion of the building below the first story used for dwelling purposes, except that a basement where the floor is not more than three (3') feet below grade may contain living quarters for the building superintendent and his family.

(b) The maximum length of any garden apartment building shall not exceed one hundred sixty (160') feet.

(c) The building design shall not be inaccessible to emergency vehicles.

4. Courts. Where a court is provided, it shall have dimensions the minimum of which shall be forty (40') feet.

5. Recreation Space. There shall be provided on the site of such development an area or areas of not less than one hundred (100) square feet of recreation space for each dwelling unit but in no case shall there be less than two thousand (2,000) square feet devoted to joint recreational use by the residents thereof. Such recreation space shall be appropriately located in other than a front yard and shall be required to be developed with passive and/or active recreational facilities.

6. General Landscaping Requirements. Any unenclosed use or area may be required by the Planning Board to be landscaped and provision, when deemed necessary, shall also be made for landscaping in accordance with subsection 246.11 herein.

7. Other Required Conditions. All performance and design standards established in subsection 24-8.5 shall be complied with where applicable.

j. Accessory Apartment Uses. Notwithstanding any other provisions in this Code or any ordinance, accessory apartments shall be permitted in any residential zone upon the following conditions:

1. A maximum of one (1) accessory apartment shall be permitted for each existing or future single family residence. The accessory apartment must be located entirely within the habitable portion of the principal dwelling, and no apartment or portion thereof will be permitted in any garage, outbuilding or accessory structure.

2. The minimum floor area of the accessory apartment shall be four hundred (400) square feet and the maximum floor area shall be eight hundred (800) square feet. In no instance shall the apartment represent more than thirty (30%) percent of the habitable living space of the principal dwelling.

3. A maximum of three (3) occupants per apartment shall be permitted.

4. Each dwelling unit shall be required to have its own kitchen and bath facilities, and each apartment must have at least one (1) separate entrance to the outdoors, although an entrance on a hallway leading to the outside will be permitted. No additional entrances will be permitted on the front of the principal dwelling, and the main dwelling must continue to resemble a single family home.

5. The building in question must be owner occupied at all times. Occupancy of the accessory apartment by the owner will be permitted.

6. The owner shall demonstrate that adequate off-street parking exists on the property or will be provided for both the principal and accessory dwelling units.

7. The owner shall be required to obtain a certificate of occupancy prior to renting the accessory apartment. To obtain the certificate of occupancy the owner shall complete an application form supplied by the Construction Official. The completed application shall indicate the size of both proposed units, the proposed monthly gross rental, the name(s) of the occupants of both units, a notarized statement from the head of the lower income household indicating the gross household income for the prior two (2) years.

8. The certificate of occupancy shall be issued only if the application satisfies all the requirements of this section and only if at least one (1) of the households has a low or moderate income as defined in subsection 24-2.2.

9. The certificate of occupancy shall expire if any of the following events occur: sale of the subject building; vacation of the unit occupied by the lower income household; or occupancy by more than three (3) persons. Upon expiration of the certificate for any of the above reasons, the owner may apply for a new certificate.

10. Every three (3) years after issuance of the certificate of occupancy, the owner shall file a further statement with the Township Housing Commission as required by the Commission.

11. After July 1, 1997, there shall be no new affordable accessory apartments created. Affordable accessory apartments legally existing as of July 1, 1997 may continue until such time as they cease being used and occupied as an affordable accessory apartment.

k. Reserved.

l. Notwithstanding any other provisions in the zoning code of the Township of Mahwah, the following prohibitions shall apply in the IP-120 Zone District:

There shall be no on premises sale, distribution, consumption or delivery of goods or materials to any customers, including but not limited to wholesale, retail or club member customers.

(Ord. #574; Ord. #622; Ord. #851; 1976 Code §179-19; Ord. #955, §6-9; Ord. #1280, §I; Ord. #1294, §§V, VI)

24-6.2 Mechanical Automobile Washing Establishments.

All mechanical automobile washing establishments shall comply with the following requirements:

a. Minimum Area Requirements.

1. Minimum lot area: forty-five thousand (45,000) square feet.

2. Minimum lot width: one hundred fifty (150') feet.

3. Minimum lot depth: three hundred (300') feet.

b. Minimum Yard Requirements.

1. Front yard: eighty (80') feet.

2. Side yard:

(a) One: fifty (50') feet.

(b) Both: eighty (80') feet.

3. Rear yard: seventy (70') feet.

c. Location. Such establishments shall not be located closer than four hundred (400') feet to any residential zone boundary line, school, hospital, nursing home or other similar institutional or public use.



d. Off-Street Parking. Such establishments shall provide a reservoir parking area equal in number to seven (7) times the maximum capacity of the laundry for automobiles awaiting entrance to the premises and one and one-half (1 ) times the maximum capacity of the laundry for automobiles beyond the exit end of the equipment so situated as to be usable for the hand finishing of the washing process and which shall be no closer than fifty (50') feet to any street right-of-way line. "Maximum capacity" in this instance shall mean the greatest possible number of automobiles undergoing some phase of laundering at the same time, which shall be determined by dividing the equipment line by twenty (20') feet.

e. Performance and Design Standards. Such establishments shall comply in all respects with the performance standards in Section 24-8. residential buildings, structures and property lines and are appropriately screened and fenced.

**Webmasters Note: The previous 24-6.1 through 24-6.3 is current as per Supplement No. 9

f. Landscaping. Such establishments shall comply in all respects with the landscaping and buffer zone requirements for side and rear yards as established in subsection 24-6.11. (Ord. #574; 1976 Code § 179-20)

24-6.3 Mobile Home Parks.

In the RM-6 Residential Zone, mobile home parks are permitted uses, subject to the following regulations:

a. Minimum Lot area. The minimum lot area for mobile home parks shall be ten (10) acres.

b. Maximum Density Requirements. The maximum number of mobile homes shall be six (6) units per gross acre of land area, exclusive of public and private rights-of-way and traveled easements.

c. Minimum Size of Mobile Home Lot or Area. The minimum lot size or living area used exclusively for one (1) mobile home shall be five thousand (5,000) square feet and shall measure, as a very minimum, fifty (50') feet in width and one hundred (100') feet in depth.

d. Boundary Line Setbacks. All mobile homes shall be set back a minimum of seventy-five (75') feet from all external lot lines.

e. Separation Between Mobile Homes. Mobile homes shall be separated from each other and other buildings by at least thirty (30') feet.

f. Required Utility Services. Each mobile home site shall be provided with approved connections for water, sewer, electricity, heating and telephone service.

g. Buffer Zone and Landscaping Requirements. The provisions of subsection 24-6.11 shall apply to mobile home parks.

h. Compliance with Other Required Provisions. Application for a mobile home park shall be subject to the Mahwah Site Plan Ordinance and Mobile Home Ordinance. In the event that any of these subsections are inconsistent with the ordinances, the more restrictive provisions shall apply. (Ord. #574; 1976 Code § 179-21)

24-6.4 Motels, Hotels, Motor Hotels and Similar Uses.

a Minimum Habitable Room Area. Such uses shall have a minimum area for each unit of occupancy of two hundred (200) square feet and shall include a minimum of one (1) bedroom and a shower or bath, sink and a water closet.

b. Off-Street Parking and Loading Requirements. Off- street parking and loading facilities shall be in accordance with the requirements established in the Site Plan Ordinance. Off-street parking shall not be permitted within thirty (30') feet of any street right-of- way line.

c. Hotel uses in the OP-200 Zone. Motels, hotels and motor hotels shall be a permitted use in the OP-200 Zone subject to the following standards:

Minimum lot size (square feet)................600,000

Minimum lot width (feet)......................400

Minimum lot depth (feet)......................400

Maximum improved lot coverage (%)........60

Maximum lot coverage (%)....................30

Maximum floor area ratio......................0.4

Minimum front yard............................(See subsection 24-5.3, paragraph f.)

Minimum side yard (each) .....................(See subsection 24-5.3, paragraph f.)

Minimum rear yard..............................(See subsection 24-5.3, paragraph f.)

d. Accessory uses permitted and associates with hotels and motels shall include automobile rental establishments, banks, barber and beauty shops, book and stationery stores, confectionery and tobacco sales, florists, gift shops, newspaper stands, restaurants and travel agencies, and other similar uses as approved by the Municipal Planning Board. (Ord. #574; Ord. #883; 1976 Code § 179-22)

24-6.5 Nursing and Convalescent Homes.

a. Area, Bulk and Yard Regulations.

b. Courts. Where a court is provided, it shall have dimensions the minimum of which shall be forty (40') feet.

c. Recreational Space. There shall be provided on the site of such development an area or areas of not less than five thousand (5,000) square feet plus fifty (50) square feet per patient bed which shall be utilized for the recreational use of the patients therein. (Ord. #574; 1976 Code § 179-23)



24-6.6 Hoofed Animals in Residential Zones.

Every person who owns, keeps, harbors or maintains a hoofed animal shall keep and maintain the property on which the animals are kept and all buildings and facilities thereon in accordance with the following regulations:

a Animal Shelter. Where all hoofed animals are kept, harbored or maintained, there shall be provided a separate stable or building for the shelter of the animal. The property shall also include a fully enclosed corral or sty for the containment of the hoofed animal.

b. Minimum Distances from Property Lines.

1. For the maintenance of all hoofed animals there shall be provided a corral (exercise area), which shall not be less than fifty (50') feet from all property lines, and a grazing area not closer than eight (8') feet to any property line. No stable shall be located closer than fifty (50') feet to any property line.

c. Number of Hoofed Animals Limited. The number of hoofed animals permitted shall be limited to one (1) for all residential parcels of more than sixty thousand (60,000) square feet of lot area, and one (1) for each thirty thousand (30,000) square feet of lot area in excess of sixty thousand (60,000) square feet.

d. Riding Stables, Academies, Riding Clubs. Riding stables, academies, riding clubs and other similar activities shall be permitted in the Conservation Zone where a minimum area of ten (10) acres is maintained for these purposes and all buildings for the housing, feeding, exercise or rental of such animals are maintained at least three hundred (300') feet from all residential buildings, structures and property lines and are appropriately screened and fenced.

e. Other Requirements. The provisions of Section 24-8 herein and all regulations of the Board of Health shall be adhered to.

(Ord. #574; Ord. #622; 1976 Code §179-24)

24-6.7 Service Stations.

a. Location of Exits and Entrances.

1. No gasoline station or vehicular repair service shop shall be located on property within five hundred (500') of the following uses: schools, playgrounds, churches, hospitals, public libraries or institutions for dependent children.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 1606.

2. Vehicular access to the above uses shall not be closer to the intersection of any two (2) street lot lines than fifty (50') feet, nor shall any such use be located within twenty-five (25') feet of any boundary line of any R-District.



b. Location of Appliances or Pits. Service stations shall not be permitted where any gasoline or oil pump or oil draining pit or visible appliance for any such purpose is located within thirty (30') feet of any street lot line, except where such appliance or pit is within a building.

c. Buffer Zone and Landscaping Requirements. The provisions of subsection 24-6.11 shall also be complied with. (Ord. #574; 1976 Code §179-25)

24-6.8 Regulations Governing Certain Accessory Uses.

a. Accessory Structures.

1. Accessory Structures in Residential Districts. Accessory structures which are not attached to a principal structure may be erected on a residential lot provided that:

(a) Accessory structures, except for storage sheds, shall comply in all respects with the setback requirements applicable to the principal building on the lot except when located in the rear yard.

(b) No accessory structure is located closer to the street right-of-way line than the required front yard setback of the principal structure, except as provided by subsection 24-6.8f. Subsections 24-5.1c. and 24-5.3b. shall also apply to all accessory structures hereunder.

(c) No portion of an accessory structure shall be used for living quarters.

(d) Storage sheds shall be permitted accessory uses within all residential zones. A storage shed is a structure used for storage. The maximum area of a storage shed in a residential zone shall be one hundred twenty (120) square feet and the maximum height shall be ten (10') feet. No storage shed can be located closer to any lot line than five (5') feet. No storage shed can be located closer to the street right-of-way line than the required front yard setback for the principal structure. Subsections 24-5.1, paragraph c. and 24-5.3, paragraph b. shall also apply to all storage sheds in residential zones.

(e) In all districts, accessory structures shall not be located less than ten (10') feet from the side wall or rear wall of the principal structure. Attached decks and balconies which do not comply with this provision, shall be considered part of the principal structure and the entire structure shall be required to comply with the provisions of the regulations governing structures in that district and not the regulations for accessory structures.

(f) The maximum area of any accessory structure in a residential zone, except for storage sheds, shall be one thousand (1,000) square feet. The maximum height of any accessory structure other than a storage shed shall be twenty (20') feet and shall not exceed the height of the principal structure.

(g) The maximum number of accessory structures, excluding storage sheds, on a single lot shall be one (1).



(h) An accessory structure located in the rear yard may be erected in one-half () of the required side yard and rear yard setback of the principal structure with a minimum of five (5') feet for the side yard.

2. Attached Accessory Structures in Residential Districts. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this Chapter applicable to the principal building.

3. Accessory Structures in Other Districts.

(a) In any nonresidential district, no accessory structure or use shall be located closer to any lot line than five (5') feet. The requirements shall not apply to retaining and decorative walls and fences, provided same do not exceed six (6') feet in height.

(b) In any nonresidential district, the aggregate area covered by accessory structures shall not exceed twenty-five (25%) percent of the rear yard.

(c)In any nonresidential district, all accessory structures shall be located no less than twenty (20') feet from the side or rear of the principal or main building.

(d) In any nonresidential district, no accessory structure shall be located closer to the street right-of-way line than the required front yard setback of the principal structure, except as provided in subsection 24-6.8f. Subsections 24-5.1c and 24-5.3b shall also apply to all accessory structures hereunder.

(e) When an accessory structure is attached to the principal building in all nonresidential districts, it shall comply in all respects with the requirements of this Chapter applicable to the principal buildings.

(f) No portion of an accessory structure in any nonresidential district shall be used for living quarters.

(g) Accessory Retail Sales in Office Buildings in the OP-200 Zone.

(1) The following accessory retail and service uses shall be permitted within office buildings in the OP-200 Zone, provided that they are located only on the first floor or the mezzanine or in the basement of the building.

Banks, barber and beauty shops, book and stationery stores; confectionery and tobacco sales, gift shops, newspaper stands and restaurants which shall not be limited to any floor location, and other similar uses as approved by the Municipal Planning Board.

(2) All of the permitted accessory uses identified in paragraph a.,3(g)(1) shall be contained entirely within the building. Direct access to any one (1) or more accessory uses from the outside shall be prohibited. Such space shall have no exterior signs or other appurtenances of any kind whatsoever.

4. Notwithstanding any other regulations, accessory structures located on properties actually used for agricultural or horticultural purposes shall be subject to the following requirements.

(a) The requirements of Code Sections 24-6.8a, 1(a), (b), (c), (d), (e) and (h) apply.

(b) The maximum area of an agricultural or horticultural accessory structure shall be five (5%) percent of the lot upon which the structure is located.

(c) The maximum height of the structure shall be the same as the maximum height for a principal residential structure.

b. Permanent and Portable Swimming Pools.

1. Permanent and portable swimming pools accessory to a residential use shall be erected on the same zone lot as the principal structure. The pool may be erected in the side or rear yard of the zone lot. The wall of the swimming pool shall be located no closer than ten (10') feet to a side or rear yard line. All such pools shall be suitably fenced in accordance with Township requirements.

2. These regulations shall not apply to portable swimming pools which are less than two (2') feet in height. business. Such devices are permitted to be displayed only at the time of the opening of the new business, and then only for a period of fifteen (15) days from the date of the opening.

**Webmasters Note: The previous 24-6.7 through 24-6.8 is current as per Supplement No. 9

c. Outdoor Storage Areas. Such uses, where permitted, shall not abut existing residential development, a residential street or any R District, and the operation thereof shall be governed by the following provisions:

1. Flammable and Explosive Liquids. All flammable or explosive liquids, solids or gases shall be stored in appropriate containers as regulated in the Fire Prevention Code.

2. Fencing and Setbacks. All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall be subject to the provisions of subsection 24-6.11.

3. Deposit of Wastes. No material or wastes which might cause fumes or dust or which might constitute a fire hazard or which may be edible by or otherwise attractive to animals or insects shall be stored outdoors unless in closed containers.

d. Helistops and Helipads in the OP-200 Zone. Helistops and helipads shall be permitted as accessory uses in the OP-200 Zone subject to approval of the New Jersey Department of Transportation and the Federal Aviation Administration where applicable. Roof top heliports and helipads shall be prohibited: The location of landing sites and the regulation of helicopter operations shall reflect the following:

1. Good locations to best serve present and potential helicopter traffic;

2. Minimum obstructions in the approach and departure path;

3. Minimum disturbances to the public from noise and dust; and

4. Easy access to surface transportation.

The Federal design guides, prepared by the F.A.A. (Heliport Design Guide, November 1964 as amended) shall be used as guidelines concerning heliport layout, approach and departure paths, obstruction clearances as well as the construction of heliport surfaces, landing and takeoff area, structural design, impact load, landing surface, turbulence and visibility.

e. Private Tennis Courts. Private tennis courts are permitted as an accessory use in the R-80 and C-80 zones only, provided that.

1. The improved lot coverage does not exceed that permitted by the schedule of District Area, Yard, and Bulk requirements.

2. The tennis court shall not be located closer than forty (40') feet to any side lot line and not closer than fifty (50') feet from any rear lot line.

3. The tennis court can only be located in the rear yard portion of the premises.

4. A fence with a maximum height of ten (10') feet shall be permitted incidental to the tennis court.

5. Lighting designed for illumination of the tennis court for night use is prohibited.

6. The tennis court may be used only by the residents of the premises and their non-fee paying guests and shall not be used as a revenue generating operation.

f. Signs.

1. General Regulations.

(a) All signs erected within the Township shall conform to this Chapter, including the Schedule of Permitted Signs herein, and the Uniform Construction Code.

(b) No sign shall be erected or altered within the Township without first obtaining a permit from the Construction Official of the Township. A sign permit application shall include structural drawings of how the sign is to be erected and electrical drawings of how the sign is to comply with the National Electric Code. Applications to re-face a sign must be approved by the Zoning Officer and Construction Official.



(c) Removal of Certain Signs: In the event that a business ceases to operate for a period of time in excess of ninety (90) days, the sign owner, lessee, or the property owner shall immediately remove any sign identifying or advertising the business or any product sold thereby; provided, however, this requirement shall not apply where under the provisions of this Chapter an existing conforming sign may remain when evidence is presented to the Zoning Officer that a new business will be in operation on the premises within ninety (90) days. Upon failure to comply with this section, the appropriate Township official shall take the legal steps outlined in the enforcement sections of this Chapter. For the purpose of this Chapter, "removal" shall mean the dismantling and relocation from the site in question of the sign face, posts, supports, sign box and all other structural members of the sign.

(d) Sign Illumination: Direct illumination or back lighting shall not exceed twenty-five (25) watts of incandescent power or seventy-five (75) foot candles when measured with a standard light meter perpendicular to the face of the sign from a distance equal to the narrowest dimension for any sign.

(e) Glare: All signs shall be so designed, located, shielded, and directed so as to prevent the casting of glare or direct light from artificial illumination upon streets, driveways and surrounding property.

(f) Exempt Signs: Exempt signs as provided herein shall be permitted within all zoning districts of the Township of Mahwah.

2. Exempt Signs. The following signs are exempt from these regulations:

(a) Any display or official notice of and by a governmental agency of the United States, the State, the County, the Township or any of their political subdivisions.

(b) Any official traffic control device.

(c) Any flag, emblem or insignia or a governmental agency of the United States.

(d) Any sign attached to the street facade of a public or volunteer ambulance cop or fire house building, provided only one sign is permitted per building and provided each sign does not exceed one hundred (100) square feet in area and is located at least eight (8') feet from the grade.

(e) Any sign located completely within an enclosed structure provided that the sign is not visible or directed to be seen from the outside of the structure.

(f) Any sign not exceeding one and five-tenths (1.5) square feet in area indicating the private nature of a driveway limited to one (1) sign per driveway entrance and any no trespassing signs not exceeding one and five-tenths (1.5) square feet each

(g) Temporary signs. The following temporary signs are permitted within any district.



(1) Real estate "For Sale" signs One (1) sign per lot is permitted to advertise the sale or rental of the premises upon which it is located by the owner or by a real estate agent or broker. This sign is not to exceed an area of eight (8) square feet and shall be removed seven (7) days after the execution of a contract or the expiration of the listing agreement. In the event the contract is voided or canceled within sixty (60) days, the sign may be placed back on the property without an additional fee. All "For Sale" signs shall be set back at least fifteen (15') feet from the curbline and shall not, under any circumstances, block the vision of the driver of an automobile.

(2) Real estate "Open House" signs. The owner of a single family residential home which is being offered for sale may erect, in addition to a "For Sale" sign, an "Open House" sign Only one (1) "Open House" will be permitted on the property and shall be placed no sooner than one (1) hour before the beginning of the scheduled open house and removed immediately upon its conclusion. "Open House" signs shall not be permitted on County roads, State highways or other major arteries.

(3) Major subdivision signs. Signs advertising a major subdivision that has received preliminary plot plan approval by the Planning Board shall not exceed two (2) in number, each on a separate lot of the major subdivision No sign is to exceed twenty (20) square feet in area Said signs shall be removed within ninety (90) days after the completion of construction work within the subdivision or within ten (10) days after the issuance of the last certificate of occupancy, whichever is sooner.

(4) Building under construction. One (1) sign per lot is permitted to identify the work of a builder and all subcontractors on new construction. Said sign shall not exceed six (6) square feet in area and shall be removed within seven (7) days after the completion of construction.

(5) Announcement of future events. One (1) sign per lot is permitted to announce any educational, charitable, or civic event and such sign may be displayed for a consecutive period not to exceed thirty (30) days in any one (1) calendar year. No such sign shall exceed twelve (12) square feet in total area. Said sign may relate to the use of a premises other than that upon which the sign is located

(6) Streamers, flags and pennants. Strings of streamers, flags, pennants, spinners or other similar devices are permitted on the lot occupied by a new business Such devices are permitted to be displayed only at the time of the opening of the new business, and then only for a period of fifteen (15) days from the date of the opening.

(h) Any name plate, address or identification sign indicating street numbers in accordance with the provisions of Ordinance No. 121, as amended, and any residential street numbers or name identification of residential occupant affixed to mailboxes or to the residential structure.

(i) Political signs.

(j) Restrictions applicable to all temporary signs:



(1) The signs may be freestanding or attached to buildings.

(2) The signs shall not be illuminated and shall not violate any of the limitations or prohibitions set forth in paragraph (g) hereof.

(3) Permits for the erection and maintenance of signs described herein shall be obtained from the Construction Official.

(4) Signs shall not be permitted on telephone poles or trees.

(k) Any temporary sign or banner to announce the opening or anniversary of a business or special sale event or to announce an event sponsored by a not for-profit entity for a period not to exceed thirty (30) days once in any year. Permits for such temporary signs or banners, assuming that the applicable standards are satisfied, shall be issued by the Administrative Officer.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 1465.

(l) Temporary signs and fees. There shall be a twenty ($20.00) dollar fee for a permit to erect a temporary sign except for a not-for-profit entity sponsoring an event for which a temporary sign permit is issued. For a temporary sign issued to a not-for-profit entity, the. fee shall be ten ($10.00) dollars per application.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 1465.

(m) There shall be a fifty ($50.00) dollar fine imposed upon the property owner or the owner's agent or applicant for any violation of the regulations which apply to temporary signs. A fifty ($50.00) dollar fine shall be imposed for each and every day the violation continues to exist. Permits issued for temporary signs shall be issued for a period not to exceed six (6) months or when the reason for the issuance of the permit no longer exists or is otherwise described herein whichever is shorter.

3. Prohibited Signs. The following signs are specifically prohibited within all zones in the Township:

(a) Signs limiting official traffic control devices or signs.

(b) Signs which are obstructing doors, windows, sidewalks, driveways or streets.

(c) Signs placed on trees, rocks or utility poles.

(d) Search lights or beacons.

(e) Banners, pennants, streamers, bunting, balloons, gas-filled figures or similar devices, except as specifically approved by the Council of the Township of Mahwah as provided under subsection 24-6.8f, 2(k).

(f) Portable or "A" frame signs.

(g) Advertising, flashing, moving, projecting or roof top signs. as defined by State or local codes shall be stored on the premises.

**Webmasters Note: The previous 2 and 3 are current as per Supplement No. 9.

(h) Signs affixed to parked motor vehicles the primary purpose of which signs is to direct the attention of the public to any business or activity conducted on the premises upon which the vehicle is parked.

(i) Signs placed in the public right-of-way or on public property without first obtaining prior approval of the Township Council.

4. Schedule of Regulations. The specific regulations regarding the erection or construction of signs within the Township are set forth in the accompanying "Schedule of Permitted Sign Regulations.

5. Regulations for Special Uses. Automatic service and/or gasoline stations may have one (1) ground, pylon or free-standing sign not to exceed the maximum area as provided where permitted in the schedule of permitted sign regulations and where not permitted, not to exceed a maximum area of fifty (50) square feet. Said signage shall be limited to identifying the business name and logo and gasoline prices, and may be a composite of structurally one (1) or more signs, which alone or in combination, shall not exceed the maximum square footage as provided herein. Additionally, the business name or logo, not to exceed four (4) square feet in area, may be identified on two (2) sides only of a canopy. Except as provided in the schedule of permitted sign regulations, no other signage shall be permitted.

g Home Occupations Home occupation uses are permitted as accessory uses in all residential zones in a manner that will not impact upon adjacent properties.

Home occupations shall conform with the following standards

1.A home occupation shall be incidental to the principal use of a dwelling unit for residential purposes. The area set aside for home occupations and/or for storage purposes in connection with a home occupation shall not exceed thirty (30%) percent of the gross floor area (G.F.A) of such residence, excluding the area of garages, basements and attics in calculation of G.F.A even though such garage, basement and attic areas may be used for home occupation and/or storage purposes.

2.There shall be no outdoor storage of materials or equipment Merchandise shall not be displayed or offered for sale either within or outside of the residence.

3.A home occupation shall be carried on wholly within the principal building. No home occupation or storage in connection with a home occupation shall be allowed in accessory buildings or detached garages, driveways, walkways, or yards.

4.There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation No advertising displays or signs shall be permitted, except for a nameplate indicating the name and profession of the resident consistent with the Township Zoning Code requirements for signs.

5.No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes, or odor detectable to the normal senses off the property No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in the line voltage off the premises No hazardous or toxic materials as defined by State or local codes shall be stored on the premises.

6. The home occupation must be conducted by a person who occupies the premises as his or her principal residence.

7. All parking of motor vehicles for the persons engaged in the home occupation and for business visitors shall be provided on the premises. On-street parking for business visitors is prohibited.

8. Not more than one (1) nonresident shall be engaged in the home occupation on the premises at any time.

9. Not more than two (2) clients, customers, patients or students shall be permitted on the premises at any time.

10. Home occupations shall be limited to lots which abut a County or State road.

11. The occupant who conducts the home occupation must apply for and obtain a zoning permit prior to commencement of the home occupation.

h. Home Offices. Home offices are permitted as accessory uses in all residential zones subject to the following standards:

1. The office area shall not occupy more than five hundred (500) square feet nor more than twelve and one-half (12.5%) percent of the gross floor area (G.F.A.) of the dwelling unit, whichever is less, excluding the area of garages, basements and attics in the calculation of gross floor area;

2. The office area shall not have direct access to the outside via a door, but shall be an existing room or area within the detached dwelling unit which is integrated within the overall floor plan of the dwelling;

3. The office area shall not contain any kitchen or bathroom facilities which are separate from the remainder of the detached dwelling unit;

4. The office area shall have only typical office equipment limited to computers, telefax machines, telephones, copying machines and similar office equipment;

5. No supplies or furnishings shall be permitted other than typical office supplies and furnishings;

6. No signs or other evidence of the office area shall be shown to the outside of the dwelling unit;

7. No persons shall be permitted on the property regarding the office area other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling unit.

8. A zoning permit is not required for a home office. (Ord. #574; Ord. #883; 1976 Code §179-26; Ord. #912; Ord. #978, §IV; Ord. #1011, §IV; Ord. #1068, §1; Ord. #1114, §I; Ord. #1123, §I; Ord. #1135, §II; Ord. #1225, §§II, IV; Ord. #1269, §1; Ord. #1284, §§I, II)

**Webmasters Note: The previous g and h are current as per Supplement No. 9.

(3) Adequate fences, barriers and other safety devices shall be provided, and shall be landscaped in accordance with subsection 24-6.11.



2. Open.

(a) Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground or overhead electrical, gas, water transmission or distribution systems or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by such public utilities or Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings. Open essential services shall not include any human or animal fecal matter or material.



(b) Landscaping requirements and performance standards established in subsection 24-6.11 and Section 24-8 shall be adhered to.



c. Community Residences.

1. No dwelling unit housing more than six (6) persons excluding resident staff may be used or converted to use as a community residence for shelter for victims of domestic violence or a community residence for persons with head injuries unless a conditional use permit has been obtained in advance from the Township Planning Board.

2. No community residence or community shelter shall be located within fifteen hundred (1,500') feet of an existing such residence or shelter.



3. No additional permits may be issued if the number of persons, other than resident staff, already residing in community residences or community shelters within the municipality exceeds fifty (50) persons, or five tenths (0.5%) percent of the population of the municipality, whichever is greater.



4. Standards.



(a) The requirements for residences occupied by six (6) or fewer persons, excluding resident staff, shall be the same as for single family dwelling units located within such districts.



(b) The additional minimum requirements for residences occupied by seven (7) persons plus one (1) resident staff member are:



(1) A minimum lot area consistent with the zoning requirement.

(2) A minimum of three (3) parking spaces.

(3) A minimum of two thousand (2,000) square feet of building area.

(4) A separate bedroom for the staff member.

(5) Two (2) bathroom facilities.

(c) The further additional minimum requirements for residences occupied by more than seven (7) persons excluding resident staff members are:

**Webmasters Note: The previous 2. Open. Through (c) is current as per Supplement No.8.

(1) There shall be an increase in building area by one hundred fifty (150) square feet for each additional occupant.

(2) There shall be an increase in the minimum zoning lot area by twenty (20%) percent for each additional occupant.

(3) There shall be one (1) additional parking space for every two (2) additional occupants.

(4) There shall be one (1) additional bathroom facility for every three (3) additional occupants.

(5) There shall be an increase in common congregating areas, e.g. living rooms, by twenty-five (25) square feet for every one (1) additional occupant.

(d) Definitions.

(1) The term "Person" shall be synonymous with the term person in N.J.S.A. 40:55D-66.1.

(2) The term "occupant" shall include persons and resident staff as described in N.J.S.A. 40:55D-66.1.

d. Motor Vehicle Body Repair Shops. All motor vehicle body shops shall comply with the following requirements:

1. Only one (1) such principal use shall be permitted on a lot, which lot shall have a minimum lot area at least one-third (1/3) greater than the minimum required lot area of the commercial zone district in which it is located.

2. All property boundaries shall have a thickly landscaped buffer at least ten (10') feet wide. Buffers adjacent to any Residence District shall have a minimum width of twenty-five (25') feet. This buffer area shall be located outside of any area required to be fenced.

3. All garage door or interior bay accesses shall face and be oriented toward the property's side lot line, except where such side yard faces and is adjacent to a residential use.

4. Motor vehicles under repair shall be kept either within the principal building or outside within a fenced and screened compound. No vehicle shall remain on-site for more than forty-five (45) days.

5. Improved building, paved areas, used parts and scrap storage compound coverage shall not exceed sixty (60%) percent of the total lot area.

6. Building coverage shall not occupy more than thirty (30%) percent of the total lot area.

7. Outdoor storage of used parts (motor vehicle components) shall be stored in a fully enclosed container or fenced compound area separate from the outside vehicle parking area. This compound shall not exceed two hundred (200) square feet in area.

8. Additional parking spaces shall be provided on site as follows:

(a) One (1) space for each employee and two (2) spaces for customer estimates. Any conditional use application for motor vehicle body repair shop use shall be accompanied by a Site Plan incorporating the above requirements and be in accordance with Chapter XXII, Site Plan Review, of this Code.

**Webmasters Note: Subsection e. has been deleted as per Ordinance No. 1653.

(Ord. #574; Ord. #794; Ord. #811; 1976 Code §179-27; Ord. #1215; Ord. #1266, §1; Ord. #1368, §III; Ord. #1401, §III)