No structure shall hereafter be erected, structurally altered, or moved nor shall any lands or the buildings thereon be used for any purpose except in conformity with all regulations hereinafter established for the zone in which the land or structure is located, nor shall any open space or yard area established for the purpose of complying with the regulations of this chapter be reduced or encroached upon in any manner except as shall be specifically permitted in this chapter.

No building or part thereof shall be erected within or project into any required yard area except in accordance with the following provisions:

A. An open entrance porch not more than 10 feet in width shall not project more than eight feet into a required front yard area. The provisions of this subsection shall apply to cheek walls or similar wall structures which are utilized for landscaping or privacy screening purposes.

B. An open and unroofed patio not more than three feet above ground level may extend into a required side or rear yard to within 10 feet of a side or rear property line. Such patios, if at ground level, may extend to within five feet of a side or rear property line.

C. No accessory building shall be permitted except in rear yards. In the case of a corner lot, no accessory building or structure shall project beyond the line of the existing principal structure as such structure faces the street. When a building is constructed in the shape of an "L," "T" or "U" and the shorter angle of the "L," "T" or "U" faces the rear lot line, then and in that event, accessory structures shall be permitted in that portion of the lot between the rear building line and the least projected exterior rear surface of the principal dwelling. For the purposes set forth above, the portion of the lot heretofore referred to shall not be deemed a side yard.

D. The front setback line of any dwelling located in a major subdivision shall be that line shown on the recorded plat. Where a dwelling is not located in a major subdivision, the front setback line shall be that shown in the schedule attached to the Zoning Map.

E. Parcels which constitute corner lots may use the side yard schedule set forth in this chapter in order to satisfy rear yard depth requirements.

F. The projection of a chimney shall not be deemed a violation of side yard requirements.

A. No single-family residential structure shall exceed 2 1/2 stories or 35 feet nor any building accessory to a residential structure exceed one story or 16 feet.

B. Appurtenances attached to principal structures. House of worship spires, belfries, domes or antennas attached to buildings, silos or penthouses (not for human occupancy) chimneys, ventilators, skylights, water tanks, bulkheads, and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are generally not subject to height limitations of any sort except that such features shall not exceed 20% of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve. In residential zones, however, and on properties adjacent to single-family residential zones, such appurtenances, which exceed the height limitation for single-family residences by more than five feet shall not be located nearer to any property line than a distance equal to its height above the ground. [Amended 9-25-2007 by Ord. No. O-07-25]

C. Freestanding noncommercial accessories. Water towers, radio and television antennas, windmills and flagpoles which are erected as freestanding structures may be erected to a height which can be demonstrated to the Planning Board is necessary to accomplish their intended function. Such structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code and the following:

(1) Private radio or television antenna structures in residential zones shall not be erected nearer to the lot lines than the total height of the antenna structure, nor shall such structure be installed near electric power line or encroach upon any street or other public place. Such a structure not exceeding 12 feet in height may be erected and maintained on the roof of any building.

(2) Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97) which govern the height of licensed amateur operator radio antennas. Amateur radio operators shall submit a copy of their current FCC operator license and documentation of the required antenna height and construction details for any antenna or tower in excess of that permitted for private radio or television antennae structures in Subsection C(1) above. Such antennas or structures shall comply with New Jersey Uniform Construction Code structural design requirements for safety and shall not be located within any required front, side or rear yard setback areas. The height of the tower or antenna shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. Such structure shall not be utilized to support lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes.

(3) Personal earth terminals as defined in § 190-3 shall be subject to the following:

(a) A personal earth terminal may only be located in the rear of any principal structure, shall not be closer to any property line than the height of the antenna and may not be located in a buffer area.

(b) A personal earth terminal shall not violate the yard setback requirements applicable to accessory structures within the particular zone district as set forth in § 190-101, Schedule C, Schedule of Area, Yard and Building Requirements, at the end of this chapter.

(c) A personal earth terminal may be erected only on the ground or on a platform mat not exceeding one foot in height in a secure fashion.

(d) The height of a personal earth terminal shall not exceed 12 feet.

(e) The main reflector shall not exceed a diameter of 10 feet.

(f) All wiring or connecting cables between a personal earth terminal and the principal building shall be buried underground.

(g) A personal earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barriers, which shall be maintained in good condition in order to minimize visibility of the earth terminal from any adjacent property or public street as approved by the Planning Board.

(h) Only one personal earth terminal shall be permitted on any property.

(i) A personal earth terminal may only be erected on a lot containing a principal structure and may only be used by residents of the principal building on the property in question. Any connection, by cable or otherwise, to adjacent properties shall constitute a violation of yard and setback requirements.

D. No sign, nameplate, display or advertising device of any kind whatsoever shall be inscribed upon or attached to any chimney, tower, tank or other structure without approval of the Planning Board.

E. In the M-1 Zone District, building height may be increased to 75 feet provided that buildings which exceed 50 feet in height shall be set back not less than 200 feet from all front property lines, 125 feet from all side and rear property lines and 200 feet from all residential zones.

Except as might be hereinafter specifically provided, there shall not be more than one principal residential building erected on any lot.

No development shall take place upon a lot which does not have frontage upon and direct access to a public street improved to meet requirements of the Township or for which such improvements have been guaranteed in accordance with requirements and established in the land subdivision and site plan regulations of this chapter. Limited access highways shall not be deemed to be frontage for purposes of this chapter.

A. No development shall be designed to create reverse frontage lots except for lots which will abut limited access expressways, principal arterial roadways (those having at least two lanes in each direction), or designated scenic roadway corridors.

B. Whenever reverse frontage lots are to be allowed along access expressways or principal arterial roadways, the development plans must provide for a buffer easement of 150 feet within which shall be an earthen berm, at least four feet high. The buffer easement area and berm shall be landscaped and maintained consistent with the requirements of § 190-166B, C, D, E and G; however, no fencing or other structures may be placed within such buffer easement. The development approval shall further provide for the maintenance of the buffer easement by the homeowner.

C. Whenever reverse frontage lots are permitted along designated scenic roadway corridors the development plans must be in accordance with all requirements of the SC Scenic Corridor Overlay Zone.

A. Any yard facing a public street shall be considered a front yard and shall conform to the minimum front yard requirements established for the zone in which the yard is located for principal structures. Accessory structures limited to swimming pools, fences, flagpoles, lampposts, ornamental objects, seasonal decorations, landscaping accessories, and permitted toolshed or similar storage building shall be permitted within a reverse frontage yard; provided, however, that no such structure or use shall encroach into any required buffer area or within 25 feet of the street line whichever is greater.

B. No accessory structures shall be erected in any front yard, with the exception of:

(1) Flagpoles.

(2) Signs.

(3) Lampposts.

(4) Ornamental objects.

(5) Seasonal decorations.

(6) Landscaping accessories.

C. No front yard in any residential zone shall be used for the storage of vehicles exceeding 10,000 pounds and/or the parking of boats, trailers or equipment. Other vehicles which are in operating condition and which are parked on an improved driveway or parking area are permitted.

D. On a parcel of land situated between parallel streets, the front yard is defined as the area situated between the street line and a minimum front building line. (See § 190-3.) In such circumstances, fences, or other accessory uses or structures which are constructed in the rear yard may be built to the street line, provided that they do not exceed three feet in height. Any fence or other accessory uses or structures which exceed the three-foot height limitation shall adhere to the front yard setback set forth herein.

E. Where the proposed construction of a residential development by a single developer is located in two different zoning districts, each principal structure may have a front yard depth requirement of that set forth for principal structures in either zone.

On any corner lot, nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision between a height of 1 1/2 feet and 10 feet above the center-line grades of the intersecting streets, within the triangular area formed by the two intersecting street lines bounding the lot, and by a line connecting points on each street line located 25 feet from the intersection of the street lines. Measurements shall be made from the curbline or the edge of the pavement.

A. Except in the ROL, B-1 and M-2 Zone Districts, no accessory structure, excluding fences and temporary buildings necessary for construction purposes, shall be erected prior to the completion of the principal building. Such temporary construction buildings may be erected only after the issuance of a building permit for the principal building and shall be removed within 30 days following the issuance of a certificate of occupancy, for the principal building; or in the case of a major subdivision, within 30 days following the issuance of a certification of occupancy for the final principal building in the subdivision.

B. In all residential zones, any accessory structures exceeding 192 square feet in area shall be constructed of materials which are the same as or consistently similar to the materials of the principal structure. Any owner or occupant of property in any residential zone seeking permission to place upon his or her property a structure not in compliance with the foregoing, may appeal any permit denial to the Planning Board under § 190-248A of this chapter. [Amended 12-22-2015 by Ord. No. O-15-26]

C. Portable on-demand storage structures. [Added 9-24-2013 by Ord. No. O-13-31]

(1) A portable on-demand storage structure may be located as a temporary structure on residential property within the Township for the duration of a valid permit or extension thereof from time of delivery to time of removal. The portable storage structure is to be used only for the temporary storage of household goods and related items for the property of the permit holder. The portable storage structure may not be used for habitation, solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property where the structure is located (i.e., used for retail sales) or any other illegal or hazardous material or substances.

(2) Portable on-demand storage structures shall be located on paved surfaces of the property and are prohibited from being placed in streets, easements, rights-of-way, or landscaped areas. The structures shall be located in the driveway of the property at the farthest accessible point from the street and shall be no closer than 10 feet to a property line.

(3) Portable on-demand storage structures may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length.

(4) It shall be the obligation of the owner or user of such temporary storage structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate code or law enforcement officers may require the immediate removal of such temporary structure.

(5) The applicant, as well as the supplier of the portable on-demand storage structure, shall be responsible for ensuring that the structure is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.

(6) In the event of fire, hurricane or other natural disaster causing substantial damage to a residential property or structures on the property, the property owner may apply to the Township for permission to extend the time that a portable on-demand storage structure may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the Township Zoning and Code Enforcement Officer and shall give sufficient information to determine whether such extended duration should be granted. The Township Zoning and Code Enforcement Officer shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Zoning and Code Enforcement Officer, the applicant may appeal such decision to the Township Committee. In the event of such appeal, the decision of the Township Committee shall be final.

(7) Duration. A portable on-demand storage structure may be located as a temporary structure on a property within the Township for a period not exceeding 30 days in duration from time of delivery to time of removal. Permits for such structures are limited to not more than three permits per year. No more than one portable on-demand storage structures may be located on a specific piece of property within the Township at one time; such storage structures shall be individually limited to the duration time period established herein.

(8) Application.

(a) Use of a portable on-demand storage structure shall only be permitted where a zoning permit has been issued by the Township Zoning and Code Enforcement Officer.

(b) An application fee of $35 shall accompany the zoning permit request. A property survey indicating the location of the storage structure must be included with the zoning application.

(9) Violations and penalties.

(a) Failure to obtain permission for placement of a portable on-demand storage structure shall result in the issuance of an after-the-fact permit with a fee set at 10 times the amount of a permit issued prior to erection of such structure $350. Failure to satisfy the after-the-fact permit fee shall result in the issuance of a summons.

(b) Violations of the provisions of this section shall be punishable as provided in Chapter 1, Article II, General Penalty.

In the zones where permitted, aboveground heating oil storage tanks may be installed but only in accordance with the following regulations:

A. Tanks shall not exceed 275 gallons.

B. Screening shall be installed that is year round and which completely conceals the tank from view of neighboring properties.

C. Tanks shall be permitted only in side and/or rear yards.

D. The Zoning Officer shall be supplied with and satisfied of proof that the soil conditions on the property make the installation of metal tanks impractical.

Existing natural features such as streams, lakes, ponds, trees and the natural configuration of the ground shall be retained wherever possible. If it can be demonstrated to the satisfaction of the reviewing board that such features will substantially interfere with any reasonable proposed use of a property, such features may be altered only to the extent necessary to permit such use.

A. No principal structure shall hereafter be erected, constructed, placed, altered, or enlarged in any residence district which shall be like or substantially like any neighboring building or structure as hereinafter defined then in existence or for which a building permit has been issued, or which is included in the same building permit application, in more than three of the following six respects:

(1) Height of the main roof ridge above the top of the plat. All flat roofs shall be deemed identical in this dimension.

(2) Height of the main roof ridge or in the case of a building structure with a flat roof, the highest point of the roof beams above the elevation of the first floor.

(3) Length of the main roof ridge, or in the case of a building or structure with a flat roof, length of the main roof.

(4) Width between outside walls at the ends of the building or structure measured under the main roof at right angles to the length.

(5) Relative location of windows in the front elevation or in each of both side elevations with respect to any door, chimney, porch or attached garage in the same elevation.

(6) In the front elevation, both relative location with respect to each other of garage, if attached, porch, if any, and the remainder of the building or structure; and either height of any portion of the building or structures located outside the limits of the main roof measured from the elevation of the first floor to the roof ridge, or in the case of a flat roof, the highest point of the roof beams, or width of the portion of the building or structure if it has a gable in the front elevation, otherwise length of the roof ridge or the flat roof in the front elevation. Buildings or structures shall be deemed to be like each other in any dimension with respect to which the difference between them is not more than two feet. Buildings or structures between which the only difference in relative location of elements is end to end or side to side reversal of elements shall be deemed to be like each other in relative location of such elements.

B. In relation to the premises with respect to which a building or structure is sought to be erected, constructed, placed, altered or enlarged, a building or structure shall be deemed to be a neighboring building or structure if the lot upon which it may or any part of it has been or will be located in any one of the following lots:

(1) Any lot on the street upon which the building or structure to be located on the premises would front which is the first building or structure on either side of the building or structure on the same side of the street without regard to intervening street lines.

(2) Any building or structure to be erected on any lot, any part of a street line, frontage of which is across the street from the premises.

(3) Any lot, any part of the street line frontage of which faces the end of, and is within the width of, the street, if there are less than two lots between the premises and the end of the street.

(4) Any lot, any part of the street line frontage of which is across such other street from the premises or from a lot referred to in Subsection B(3) above.

All commercial, office and industrial buildings and sites shall be designed and developed in a manner that will be compatible with the architectural and visual characteristics of historic buildings, sites or districts in the Township. This shall include the scale, height, and location of buildings, as well as the specific construction materials that are used.

A. General guidelines.

(1) Determination of compliance. All applications for commercial, office and industrial buildings shall be reviewed by the Historic Preservation Commission in accordance with the standards of review contained in § 190-233E of this chapter. The Historic Preservation Commission shall review applications for conformance with this section within 35 days following receipt from the Planning Administrator. The Commission shall issue a letter of certification of compliance or noncompliance of the architectural design requirements of this section. If an application is not in compliance with this section, the Commission shall specify the elements of the proposed building or building addition that does not conform with the requirements of this section. The letter of certification shall be submitted as a recommendation to the Planning Board, and the Planning Board shall make the final determination of compliance or noncompliance. [Amended 12-22-2015 by Ord. No. O-15-26]

(2) The design of new buildings shall take into consideration the natural features of the site, existing buildings and other substantial structures in the vicinity that have a visual relationship to the proposed building or buildings. In particular areas, building design may have to be adjusted to maintain existing visual relationships or to preserve visual access to community focal points either natural or man-made.

(3) The selection of building design elements including facade materials, fenestration, color, texture and other design considerations shall be determined so that such treatment is consistent with traditional architectural styles. For purposes of this chapter, "traditional architectural styles" shall include the Colonial, Federal, Georgian, and Victorian traditionally found in Freehold Township as determined by the Freehold Township Historical Commission and adaptations of these styles for the use and type of the building.

(4) The design of additions and renovations are to reflect the existing building in terms of scale, materials, fenestration and color. An exception applies to those existing buildings that do not meet the objectives of this section. In those cases, additions and renovations are to be designed to revise existing building design to comply with the traditional architectural styles of this section to the extent practicable.

(5) Appearance of the side and rear elevations of buildings are to receive architectural treatments comparable to that of any proposed front facade where such elevations are generally within public view.

(6) New buildings, additions, and renovations should, where appropriate, strengthen the particular design features of its locale by, for example, framing a view corridor, enclosing an open space area, or continuing a particular design feature or statement. Such construction should, when located in business districts, complement existing building designs that are consistent with Township architectural design objectives.

B. Harmony of design.

(1) New buildings are to be designed to be consistent with the scale, form and proportion of older development that conforms with the traditional architectural styles of this section. This can be done by repeating existing building lines and providing uniformity of detail, scale, proportion, textures, materials, color, and building form designed to achieve traditional architectural styles.

(2) The use of unusual shapes, colors and other characteristics which cause new buildings to call excessive attention and create disharmony shall be avoided.

(3) The existing building line (at the front setback) is to be maintained.

(4) The rhythm of structural mass to voids (windows) of a front facade (or any facade easily viewed from the street) shall relate to rhythms established in adjacent buildings or designed to be consistent with traditional architectural styles.

(5) If several storefronts are located in one building, there is to be a unified design treatment; e.g., design of windows and door openings, use of materials and color.

(6) Building additions are to be designed to reflect the existing building in terms of scale, materials, fenestration, and color. A change in scale may require a transitional design element between the addition and the existing building. Facade renovations are to include as few different materials as possible.

C. Creativity and diversity of design.

(1) These criteria are not intended to restrict imagination, innovations, or variety, but rather to focus on design principles that can result in creative solutions.

(2) Monotony of design in single or multiple building projects shall be avoided. Variation of detail, form and siting shall be used to provide visual interest.

D. Building details.

(1) A human scale of design is to be achieved at ground level, at entryways, and along street frontages through the use of such elements as windows, doors, columns, and canopies.

(2) Mechanical equipment or other utility hardware on roofs, the ground, or buildings shall be screened from public view with materials harmonious with the building, or they shall be so located as not to be visible from any public streets or residential zoning districts.

(3) Building components such as windows, doors, eaves, and parapets shall be in proportion to one another.

E. Signs and lighting.

(1) Signs shall be erected and maintained in accordance with Article XVII, § 190-173 et seq. of this chapter. Signs that are proposed in conjunction with applications in accordance with this subsection are to be designed to complement the architectural style and scale of the building and are to be designed as an integral architectural element of the building and site to which it principally relates. Signs shall not compete for attention with signs on adjacent properties. The number of graphic elements on a sign shall be kept to the minimum needed to convey the sign's major message. Identification signs of a prototype design and corporation logos shall conform to these standards.

(2) Exterior lighting shall enhance the building design and the site landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas.

F. Building design, massing and scale.

(1) Where large structures are required, massing is to be broken up through the use of setbacks and other design techniques.

(2) The orientation of buildings to provide access through side and rear entrances is encouraged, with the side and rear facades receiving appropriate entryway design treatment.

(3) Long horizontal facades are to be broken with segments having vertical orientation. Tall, vertically-oriented facades are to be broken with horizontal components through use of facade design features.

(4) Buildings with expansive blank walls are prohibited.

(5) Buildings are to be designed so that facades are the prominent architectural feature and the roofs are visually less dominant in the total design. Gable and hip roofs are encouraged and other types may be permitted if, in the opinion of the approving authority the roof is generally consistent with traditional architectural styles.

(6) In infill construction, the front alignment of new buildings are to be designed to be consistent with the existing setbacks of nearby buildings, but in conformance with the minimum setback requirements of the applicable zoning district.

G. Facade treatment.

(1) Multitenant commercial buildings shall provide uniform storefronts, doorways, windows, awnings and other design features for all ground floor tenants. Upper floors of buildings shall be coordinated with the ground floor through common materials, window treatments and colors. Storefronts shall include display windows with a sill height of not less than two feet from grade.

(2) New construction shall use windows of similar sizes and shapes or incorporate other facade elements that establish the same pattern of other buildings in its context. Window and door sizes and shapes are not to be significantly altered by any building renovation.

(3) Fire escapes are prohibited on the principal facades of a building.

(4) Facade renovations are to be designed in accordance with the original architectural style of the building. Original details are to be retained; when it becomes necessary to introduce new features, they are to be designed to harmonize with existing features or altered to conform with traditional architectural styles. If windows and doors must be replaced, new materials shall match the original design.

(5) Surface detailing shall be integrated within the structure rather than applied for decorative purposes.

(6) Exterior-mounted mechanical and electrical equipment shall be architecturally screened.

H. Building materials, color and texture.

(1) For renovations of existing buildings, original materials shall be retained when compatible with traditional architectural styles. New materials shall be designed to be compatible with traditional architectural styles.

(2) The use of brick, stone, clapboard, and other facade materials consistent with traditional architectural styles shall be utilized. In general, a maximum of two principal facade materials shall be permitted.

(3) Aluminum siding, metal panels and mirrored glass surfaces are prohibited.

(4) The painting of buildings in bold colors, patterns, check or stripes is prohibited.

(5) The use of earth tone colors and/or other colors generally associated with traditional architectural styles shall be encouraged on all buildings. Accent of complementary colors which harmonize with the main facade colors shall be permitted for trim, awnings and other building details.

(6) The use of street furniture (benches, tables, trash receptacles, etc.) shall be encouraged, provided that the materials used are consistent with the overall design concept of the building.

(7) Awnings shall be constructed and installed so that the frame and fabric of the awning is integrated into the overall building design. No awning shall extend more than four feet from the building facade, and no awning shall be less than eight feet above the ground. Awnings that project into any roadway, driveway or parking area are prohibited. Awnings shall not be placed so as to conceal or disfigure an architectural feature or detail. Awning materials shall be limited to cloth, canvas and similar materials; metal and aluminum awnings are prohibited.