Private swimming pools are permitted as an accessory use to residential dwellings in every zone wherein that principal use is permitted subject to the following:

A. A private swimming pool shall not be constructed, installed or maintained within 15 feet of any side or rear yard line, provided that in the case of any lot less than 50 feet in width, it shall be permissible to place a pool within 10 feet of a side or rear property line.

B. No private swimming pool shall be constructed, erected, installed or maintained in the front yard of any property.

C. In the case of a corner lot, a pool shall not be constructed any closer to the side street line than the principal structure.

D. A private swimming pool shall not be constructed or installed on any premises unless a residence building is also located on the premises or unless the premises is part of a residence curtilage.

A. Site plan review and approval shall be required for all outdoor storage, sales, and display areas as specified in § 190-37 of this chapter. Nothing shall be stored, sold or displayed out of doors for any purpose except in compliance with the following provisions:

(1) New or used automobiles on display for sale or awaiting delivery may be stored out of doors as a permitted accessory use to a new car dealership in accordance with § 190-146B(9) for any indefinite period of time, provided that the automobiles are in operating condition and further provided that they shall be stored on a paved area constructed to the standards established by this chapter. Automobiles shall not be stored or displayed on access drives or within parking areas designated for customer and employee parking. Automobiles shall not be placed on display ramps or on lawns or other landscaped areas. [Amended 3-24-2015 by Ord. No. O-15-4]

(2) All garbage, trash, recyclable materials, or any other refuse awaiting disposal shall be stored in a completely enclosed container within a storage facility. Trash and recycling storage facilities shall be constructed with a six-inch-thick reinforced concrete pad base over six inches of compacted dense graded aggregate base course (DGABC) stone, and shall be surrounded on three sides by a masonry wall six feet in height that is comprised of the same facade material or compatible with the exterior design of the building facade. A solid gate shall be provided on the open side of the enclosure. [Amended 2-25-2014 by Ord. No. O-14-02]

(3) Products and materials that are necessary or supplementary to a permitted principal use and which are customarily stored or sold out of doors may be stored or sold out of doors, provided that:

(a) The area used for such outdoor storage or sales shall be paved in accordance with the requirements of this chapter.

(b) The storage shall not be permitted within a front yard area. Outdoor storage or sales areas which are covered or partially enclosed shall adhere to the setback requirements for a principal building. Outdoor storage and sales areas shall not be counted as structures for calculating floor area ratio and off-street parking requirements, provided that the area does not exceed a maximum of 20% of the gross floor area of the use located within the principal building.

(c) The storage shall be screened from view from any street and from any adjoining residential property.

(d) All materials stored out of doors shall be arranged and maintained in a safe, orderly and neat manner.

(4) No outdoor storage or sales shall be permitted within a required buffer area or on lawns or other landscaped areas, on or within five feet of any access drive or fire lane, within parking areas designated for customer and employee parking, or within 25 feet of any street line or within 10 feet of any side or rear lot line.

(5) Outdoor storage shall be limited to equipment, merchandise or materials necessary to the operation of the principal use on the premises, not normally or economically stored indoors. No junk cars, wrecked cars or cars damaged by accident or damaged in any other manner; or which are in such condition that they cannot operate under their own power; used auto parts or appliances; used auto or truck tires; damaged or discarded machinery, equipment or parts thereof; used or damaged refrigerators, household or electrical appliances or other damaged or disabled merchandise; or junk shall be stored, maintained or permitted to remain situated in the open on any premises for more than 15 days from the time first placed on the premises, and the items shall thereafter be permanently removed from the open and stored within a completely enclosed building. Specifically excluded from this time requirement are disabled or damaged motor vehicles awaiting repair at an automotive repair shop. For these purposes, the above fifteen-day requirement shall be extended to 60 days in order to permit a reasonable time for insurance adjustment and parts ordering purposes.

B. Temporary, special or seasonal sales and displays may be permitted in accordance with a permit issued by the Code Administrator and/or Zoning Officer and in compliance with the following:

(1) Outdoor displays and temporary sales shall be limited to those materials and goods that are connected with the principal use on the premises.

(2) Goods that are displayed or sold outdoors shall not be located closer than 25 feet from any street or 10 feet from a rear or side property line.

(3) Goods that are sold or displayed outdoors shall be located on a surface paved in accordance with § 190-162 and shall not interfere with off-street parking areas, vehicular circulation or fire protection accessibility. Sidewalk sales shall be permitted, provided that the goods displayed and sold outdoors do not interfere with pedestrian circulation.

(4) Temporary sales and outdoor displays shall be limited to one week in duration. Not more than six such sales and special displays shall be allowed per year.

(5) Signs associated with temporary sales and outdoor displays shall be in accordance with a permit issued by the Code Administrator and/or Zoning Officer and in accordance with Article XVII, Signs, § 190-173 et seq., of this chapter.

C. Temporary sales of Christmas trees may be permitted in nonresidential zone districts beginning the day after Thanksgiving through the end of December. Such sales shall be in accordance with a permit issued by the Code Administrator and/or Zoning Officer and in compliance with the following:

(1) The display and sale of Christmas trees shall not interfere with other uses on the site.

(2) Adequate off-street parking, internal circulation, and fire protection accessibility shall be provided.

(3) Trees, signs and other materials shall be removed from the site not later than December 31.

D. Farm stands.

(1) Purpose. To allow qualified farm owners or operators to set up a farm stand to sell primarily locally grown produce as a way to keep the land in agricultural use and as a service to local residents. To control the intensity of use allowable as a farm stand because such closely circumscribed use is site plan exempt.

(2) Applicability.

(a) Farm stands are permitted upon receipt of a zoning permit pursuant to this section and in accordance with the conditions and restrictions set forth herein.

(b) Temporary stands selling only produce grown on a tract of land less than five acres in area shall be exempt from all provisions of this § 190-116D. No person or entity shall be permitted to sever parcels in order to qualify for this exemption.

(3) Site requirements.

(a) Farm stands must be located on land which is under active continuous farming operation and which meet the requirements of and qualify under the Farmland Assessment Act of 1964, as amended (N.J.S.A. 54:4-23.1 et seq.).

(b) One farm stand per farm lot is permitted. Minimum farm lot: five acres.

(c) Minimum setback requirements.

[1] Farm stand setback: 75 feet.

[2] Parking setback: 25 feet.

[3] Side yard parking and stand: 75 feet.

(d) Parking. Adequate on-site parking must be provided to handle peak customer demand. No parking on street or street shoulder shall be permitted.

(e) A farm stand shall be limited to one story with a maximum floor area of 900 square feet.

(f) Lighting shall be provided only as necessary for security purposes.

(4) Operation.

(a) A zoning permit shall be required. All statements in the zoning permit application are considered incorporated by reference in and become a part of any zoning permit issued. Upon expiration of the zoning permit all produce, baskets, etc., shall be removed, the premises swept clean, and suitably secured.

(b) Hours of operation shall be limited to not earlier than 7:00 a.m. nor later than 8:00 p.m., prevailing time, daily.

(c) Produce grown outside the State of New Jersey will be limited to no more than 10% of total produce offered for sale on the premises.

(d) Any item offered for sale must be displayed only within or on the farm stand as defined in § 190-3. There shall arise a rebuttable presumption that any items located within 30 feet of the front, sides or back of the farm stand are being offered for sale. The foregoing presumption shall not apply to farm machinery or equipment used in the production of the farm product, registered and licensed motor vehicles, or growing crops not yet harvested and still in the ground.

(e) No food or drink shall be offered for sale for on premises consumption.

(5) Signs and traffic control.

(a) All signs are to be in accordance with Article XVIII of this chapter. A temporary sign permit must be secured before any signs are installed or displayed.

(b) Temporary signs are permitted as per § 190-176I, except that the period of display will correspond to the time limits stated on the zoning permit.

(c) Temporary directional signs are permitted per § 190-174A, except that the time period of display will correspond to the time limits stated on the zoning permit.

(d) No trucks, trailers, wagons or similar vehicles or structures displaying advertising shall be parked within 100 feet of the front lot line except during active loading or unloading operations.

(e) People in costume located and utilized so as to attract passing vehicles on street are considered animated signs and are not permitted.

(f) If determined to be needed for public safety, the applicant shall provide personnel to control and direct traffic.

(g) Hay rides or the equivalent may be operated on the farm covered by the farm stand zoning permit. Location of loading/unloading of passengers and the path of the ride shall be a minimum of 100 feet from the street frontage.

(6) Issuance of permit. The Zoning Officer, after conferring with the Township Administrator, Township Planner, and the Building Inspector, may issue the required zoning permit. The permit shall be issued or denied within 15 days of receipt of application. The applicant shall supply the following:

(a) A completed zoning permit application.

(b) A letter certifying that the location is on a qualified commercial farm.

(c) A sketch showing the location of the stand in relation to the road, parking, driveways, sign location(s) and description of hay ride path (is so provided). Additional information may be requested.

E. Site plan approval shall not be required for outdoor sales and displays within the RMZ-2 Zones which are in compliance with the following provisions: [Added 7-29-2014 by Ord. No. O-14-10]

(1) Outdoor displays and sales shall be limited to those materials and goods that are connected with the principal use on the premises.

(2) Outdoor displays will be permitted on the front walkway against the front wall of the business enclosed within a structure located on the site and shall not protrude further than four feet into any walkway at which a minimum clear and unobstructed six-foot pathway shall be maintained at all times as not to impede pedestrian traffic.

(3) Outdoor sales and displays shall not be permitted within landscaped areas, off street parking areas, on or within five feet of any access drive or fire lanes.

(4) Outdoor displays will be limited to 40% of the linear length of the front wall to the business.

(5) Outdoor displays shall not obstruct any means of ingress or egress, including emergency exits, and shall provide a clear distance of 10 feet from the edge of any building's ingress or egress point, including emergency exits, to the edge of an outdoor display.

(6) Outdoor displays shall not obscure decorative architectural details, or windows.

(7) All outdoor displays shall be arranged and maintained in a safe, orderly and neat manner.

(8) Outdoor displays shall not exceed a height of 10 feet.

(9) Signage on outdoor displays shall not exceed two square feet and shall be in accordance with Article XVII, Signs, within this chapter.

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

[Amended 6-17-2008 by Ord. No. O-08-11]

A. Any use not provided for in a zone is prohibited except for those uses listed below:

(1) Garage sales, as defined herein, limited to no more than two sales per year per household.

(2) Auctions and flea markets may be authorized by the Township Committee for a period not to exceed two days when operated or sponsored by and for the benefit of a public, semipublic, educational, eleemosynary, charitable or religions organization, based in the Township of Freehold, provided that:

(a) A favorable report is received by the Recreation Commission if the event involves public lands.

(b) Only one event may occur within the Township on a given day.

(c) No event is scheduled in a traffic-congested area of the Township as determined by the Police Department.

(d) No merchandise will be displayed or sales made in or in immediate proximity to an automobile or other motor vehicle.

(e) No group or organization may be permitted more than one event during the calendar year.

(f) The premises upon which the auction or flea market is conducted are returned to their prior condition within 24 hours after termination of the event. If the premises are not so returned, the Township shall have the right to enter upon them, return them to their prior condition, and assess the cost as a lien upon the land.

(g) The sponsor of any auction or flea market conducted in accordance with the preceding conditions may be required by the Township Committee to furnish either a performance bond or cash or other guarantee acceptable to Township Committee to assure that cleanup occurs after termination of the event.

(3) Home office uses in accordance with § 190-118, Home office use. [Added 8-28-2012 by Ord. No. O-12-18]

A. Purpose.

(1) The purpose of this section is to recognize a changing trend in business whereby people are conducting low-intensity and unobtrusive businesses from their homes. Many valid and useful purposes are served by allowing such activity, including but not limited to:

(a) Diminishing the need to commute, thereby lessening traffic congestion and air pollution.

(b) Providing residents with an alternative lifestyle which may decrease stress and increase enjoyment and productivity.

(c) Promote a more economical system for bringing goods or services to the consuming public at a lower cost.

(d) Accommodate working parents and allow for greater time and interaction with their children.

(e) Promote the ability of working children and relatives to provide for the needs of elderly, as well as physically or emotionally challenged members of their family.

(2) However, all of the foregoing advantages notwithstanding, the first priority and concern is to preserve the peace and tranquility of the Township's residential zoning districts. Consistent with that priority, one intention of this section is to restrict any home office use so that there is no infringement upon the right of all those residing in a residential zoning district to enjoy an uncompromised residential atmosphere. It is not the intention of this section to encourage or countenance a home office use which would in any way diminish or compromise the residential atmosphere.

B. Regulations.

(1) Except where otherwise permitted by the zoning regulations of this chapter, any person may utilize his/her home for a home office use which is conducted in such a manner as to comply with the restrictions which follow. The following restrictions shall apply to all home office uses:

(a) At least one person employed in the home in conjunction with the home office use must be a bona fide resident of that home; and

(b) All persons employed in the home in conjunction with the home office use must either be a bona fide resident of that home or a member of the immediate family (mother, father, husband, wife, son, daughter, son-in-law, or daughter-in-law) of a bona fide resident of the home. In no event may more than two persons who are not bona fide residents of the home be employed, either part-time or full-time, in conjunction with the home office use; and

(c) There shall be no external display of goods, no outdoor activity or storage of any kind, including but not limited to the assembling or staging of workers or equipment even if the goods or equipment are at another location, and no on-premises advertising, including but not limited to signs; and

(d) The street address of the home shall not be listed in any advertising of the business done by means of signs, billboards, newspapers, commercial circulars, radio, television, telephone books or leaflets. This shall not be construed to prohibit use of the home address on business cards or catalogs or single-line listing in the white or yellow pages of the telephone book; and

(e) Such home office use shall not occupy more than 10% of the gross habitable floor area of the home, but in no event is it to exceed 300 square feet. For purposes of performing this calculation, all nonhabitable areas shall be excluded, including but not limited to cellar, basement, attic and porch areas; and

(f) No noise relating to the home office use shall be audible beyond the dwelling unit; and

(g) Such home office use shall not adversely affect adjacent property owners, or interfere with the quiet enjoyment of their properties or create activity or an atmosphere inconsistent with a strictly residential use; and

(h) No delivery of goods or supplies shall be permitted except by means and with a frequency which is typical of a strictly residential use; and

(i) Infrequent or sporadic customers, clients or other business invitees shall be permitted to visit the premises.

(2) No garage area shall be converted to or used for home office use on any property located in a higher density residential zoning district. For purposes of this regulation, a higher density residential zoning district shall be any residential zone except R-9, R-20, R-40, R-60, R-80, R-120 and RR.

(3) In any zone in which the expansion of internal living space is limited by ordinance, the owner of such a unit may, subject to applicable code requirements, expand the internal area of the unit by not more than 100 square feet of habitable space for purposes of creating a home office use.