§ 411.08 Private Garages

Private garages, where permitted on single-family residential lots shall comply with the following provisions:

A. The garage must be a fully enclosed detached accessory structure, or a portion of a principal building, used primarily for the storage of no more than two (2) motor vehicles owned or used by the occupant of the principal structure.

B. A one car parking garage, not to exceed 14' x 28', or 392 sq. ft., for a single-family unit, or a two car garage not to exceed 28' by 28', or 784 sq. ft., for a two- family dwelling unit, shall be provided for all new residential dwellings. A two car garage may be constructed on a single family dwelling lot provided it does not exceed the above maximum garage size (784 sq. ft.).

C. A detached garage may be placed at least five (5) feet from a side property line and at least five (5) feet from a rear property line, except in historic zone districts. Attached garages must conform to principle building setback requirements. Any private, detached garage or accessory building is specifically prohibited in a required front yard area.

D. Height. The maximum building height of a private garage shall not exceed sixteen (16) feet.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 07-11.

§ 411.09 Recreational Vehicle Storage

The following requirements apply to the storage of recreational vehicles and boats on single family residential property and are designed to have the most flexibility to allow for the least impact to neighbor and community for storage of said vehicles, but is not to interpreted as an encouragement for storage of said vehicles on residential property.

A. The term "Recreational Vehicle" shall include Mobile Homes, Campers, Popup Trailers, Boats, Watercraft, and any Trailer used for storing, parking or moving any recreation vehicle as defined herein. "Recreation Vehicle" shall not include kayaks, canoes, rowboats or other similar non-motorized watercraft. A recreational vehicle shall be used for recreational/non-commercial purposes only.

B. Each occupied single-family residential property may have outside parking or storage upon it for up to a total of two recreational vehicles (on trailers only), maintained in safe and effective operating condition. All recreational vehicles and boats must be stored in a safe and secure manner and shall display thereon a current State license and/or registration that must indicate the property owner or tenant as the registered owner of the recreation vehicle.

C. Recreational Vehicles shall be permitted in the following yard areas:

1. FRONT YARD STORAGE: No recreational vehicle shall be parked in the front yard of such lot, except in a driveway subject to the following conditions:

a. Recreational Vehicle shall not exceed the confines of existing approved driveway and shall remain wholly on private property.

b. Recreational Vehicle shall be setback a minimum of ten (10) feet from the street with a maximum distance to be achieved from street to Recreational Vehicle.

c. Recreational Vehicle shall not impede or obstruct any existing sidewalk.

d. The setback shall be measured from street/sidewalk to the first point on a Recreational Vehicle.

2. SIDE AND REAR YARD STORAGE: Side and rear yard storage location shall be flexible to allow for the best storage possible within confines of side and rear yard property with the least impact to neighbor and community. All attempts must be made to obscure the recreational vehicle from public view to the maximum extent possible. A buffer of some kind is encouraged such as evergreen planting/fencing as examples.

D. Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections. Permanent or temporary overnight occupancy of recreational vehicles/boats is not permitted.

E. No storage shall be permitted on a public road.

F. Repair work on a recreational vehicle or boat stored in conformance with this Chapter shall be permitted during the same hours that Heavy Equipment and Power Equipment are permitted as defined by Chapter 3-2.3 of the Township Municipal Code.

G. In the historic district zones, all of the provisions of this section shall apply with the additional requirement that the recreational vehicle or boat shall not cover in excess of 50% of the surface of the driveway.

**Webmasters Note: The previous section has been amended as per Ordinance No. 11-17.

§ 411.10 Satellite Dish and Ham Radio Antennas

A. Satellite Dish Antennas. No satellite dish antenna larger than one (1) meter in diameter shall be installed in any residential zone except that one (1) satellite dish antenna may be permitted as an accessory use to a single family dwelling or multifamily apartment use pursuant to Federal Communication Commission (FCC) regulations, subject to the following standards:

1. The requirements of this section shall apply to all satellite dish antennas, regardless of diameter, proposed to be located in historic districts subsequent to the designation thereof in the Neptune Township Master Plan and successful petition to the Federal Communications Commission by the Township for a waiver of preemption.

2. Except where otherwise specified herein, the reflective surface of the satellite dish shall not exceed six (6) feet in diameter.

3. A freestanding satellite dish regulated by this section shall be subject to the same location requirements as other principal buildings in the same zoning district. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of set forth by Article IV of this Ordinance.

4. A freestanding satellite dish shall be located as close to the center of the rear yard and rear facade of a principal building as possible without causing significant interference with reception. A waiver may be sought from the board of jurisdiction for a location within the required yard area of a principal building, but in no case shall it be permitted nearer to a property line than is allowed for accessory buildings in the zoning district. For aesthetic and safety purposes, the rear yard shall be enclosed with a fence that is opaque to a height of at least four (4) feet and that otherwise conforms to the fence requirements of the Township of Neptune. The perimeter of the base of the supporting structure shall be landscaped with appropriate plant materials to a height of three (3) feet or the lowest part of a dish antenna, whichever is higher.

5. A freestanding satellite dish antenna shall not exceed ten (10) feet in height measured from the base to the top of the antenna in an upright position.

6. Satellite dish antennas and supporting structures shall be maintained in good physical condition and comply with all applicable building and safety codes

B. Ham Radio Antenna. A ham radio antenna is permitted as an accessory use to a single family dwelling pursuant to FCC regulations and in accordance with the following:

1. A freestanding ham radio antenna shall be subject to the same location requirements as a principal building in the same zoning district and as further provided herein, and shall not exceed the average height of principal buildings on adjoining lots by more than fifteen (15) feet to a maximum of fifty (50) feet in height

2. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of Article IV of this Ordinance.

3.A freestanding ham radio antenna shall be located as close to the center of the rear yard and rear facade of a principal building as possible without causing significant interference with reception. A waiver may be sought from the board of jurisdiction for a location within the required yard area of a principal building, but in no case shall it be permitted nearer to a property line than is allowed for accessory buildings in the zoning district. For aesthetic and safety purposes, the rear yard shall be enclosed with a fence that is opaque to a height of at least four (4) feet and that otherwise conforms to the fence requirements of the Township of Neptune. The perimeter of the base of the supporting structure shall be landscaped with appropriate plant materials to a height of three (3) feet.

4.Ham radio antennas and supporting structures shall be maintained in good physical condition and comply with all applicable building and safety codes.

§ 411.11 Storage Sheds

Private residential storage sheds shall comply with the following regulations:

A. Size. No shed shall exceed 175 square feet in floor area.

B. Height. No shed shall exceed fifteen (15) feet in height.

C. Location. No shed shall be located in a front yard.

D. Setback. Sheds may be placed no closer than five (5) feet from a side or rear property line, except in historic zone districts. Sheds in historic zone districts must conform to principal building setback requirements.

E. Quantity. No more than one (1) tool shed per lot shall be permitted, except that on lots 12,500 square feet or larger, two (2) tool sheds may be permitted.

§ 411.12 Swimming Pools, Hot Tubs and Tennis Courts

Swimming pools, hot tubs and tennis courts shall be permitted on all lots used for single family dwellings in residential districts and on any tract developed for multifamily development. Swimming pools, hot tubs and tennis courts are considered accessory structures, and shall require an approved zoning permit prior to construction, and shall be subject to the following provisions:

A. Location. Any swimming pool , hot tub or tennis court shall only be permitted in a rear or side yard area.

B. Coverage. The surface area of a swimming pool, hot tub or tennis court shall be considered impervious. Tennis courts consisting primarily of grass shall not be considered impervious. Swimming pools, hot tub and tennis courts shall be subject to the applicable lot coverage requirements set forth in this Ordinance. Any area paved with concrete, asphalt, brick or other solid surface which functions as a walkway to or completely surrounds a swimming pool or tennis court shall also be considered impervious.

C. Setbacks. No part of the surface area of a swimming pool , hot tub or tennis court, including structures attached thereto, or any pool filtering equipment whether or not such is attached, shall be closer than ten (10) feet to any side or rear lot line. Any impervious area which functions as a walkway to or completely surrounds a swimming pool or tennis court shall be setback a minimum of three (3) feet from any lot line.

D. Swimming pool fencing. A continuous fence consisting of a minimum of four (4) feet in height shall enclose the perimeter of the entire swimming pool area. Such fence shall be designed to securable control access to the swimming pool area. Where such fence is located on a corner lot, and the fence on the side facing the street is non-solid, that portion of the fence shall be adequately screened with evergreen shrubs not less than four (4) feet in height.

E. Tennis court fencing. A fence consisting of a minimum of eight (8) feet in height to a maximum of twelve (12) feet in height for tennis courts shall be required. Said fence may not be located within a required setback area.

F. Swimming Pool Drainage. No swimming pool shall drain into a public sanitary sewer or be located in such a manner that water from the pool or filtering equipment drains onto another property.

**Webmasters Note: The previous section has been amended as per Ordinance No. 07-11.

§ 411.13 Yard and Garage Sales

Yard and garage sales shall be permitted in any residential district for a period not to exceed three (3) days. Such sales shall not exceed two (2) in any one calendar year.

§ 411.14 - Dormers

A. Area. Dormers shall not occupy more than 25% of the roof area on which it is situated.

B. Height. No part of the dormer shall extend beyond the projection of the roofline.

Dormer(s)

Maximum Permitted Area: 25% of roof area on which it is situated

Height: No part of the dormer can extend beyond the projection of the roofline

**Webmasters Note: The previous section has been added as per Ordinance No. 15-28.

§ 412 SUPPLEMENTARY ZONING REGULATIONS APPLYING TO ALL DISTRICTS

The following supplementary regulations shall be deemed to be appended to the Schedule of Bulk Regulations for Neptune Township (Schedules B-1 and B-2) and are hereby adopted as a part thereof.

§ 412.01 Accessory Buildings and Structures

Unless otherwise specified in this Chapter, all accessory buildings and structures (principal or accessory) shall conform to the regulations and standards contained in this Land Development Ordinance which govern the principal building for the applicable zone district within which they are located. [NOTE: The previous section has been amended per Ordinance No. 03-035]

§ 412.02 Boatyards

Seasonal storage of boats and marine related vehicles not being serviced or repaired on the premises shall be permitted in the B-3 Zone only as an accessory use to a marina or a marine related sales and services establishment subject to the following supplementary regulations:

A. The boatyard shall be located on a parcel that is contiguous with the principally permitted use or on a non-contiguous parcel located within sixty (60') feet of the parcel devoted to the principal use.

B. A boatyard situated on a parcel that is non-contiguous to the principal use parcel shall be no greater than one (1) acre in area.

C. The height of watercraft storage shall not exceed three (3) boats stacked vertically and thirty-five (35) feet.

D. Storage areas shall be set back at least ten (10) feet from any lot line, however, whenever a buffer from a use other than a boatyard is required, the minimum buffer width, as set forth in this subsection, shall govern as the minimum setback requirement to said adjacent use.

E. When located adjacent to any property devoted to a use other than a boatyard, the boatyard establishment shall maintain the following between any outdoor activity and the adjacent property:

1. A fifteen (15) foot wide buffer area. Said buffer area shall be placed in a conservation easement.

2. A six (6) foot high stockade or board-on-board fence to be located at least fifteen (15) feet from the adjoining property line. Said fence may not be located within a front yard setback area.

3.A landscaped screening located in the buffer area consisting of evergreen plantings with a minimum height of ten (10) feet at the time of planting, spaced fifteen (15) feet on-center.

F. Site triangle required. No outdoor storage or display area shall be located within a required site triangle as defined elsewhere herein.

G. An adequate quantity of off-street automobile parking spaces shall be provided. Automobile parking areas shall be black-topped and used only for the parking of automobiles associated with patrons and employees.

H. Designated areas for boat or marine related vehicle storage or display need not conform to standards for parking lot paving and design standards but, shall be segregated from parking areas by means of a raised concrete curb of at least six (6) inches in height. Concrete wheel stops shall not be utilized to meet this curbing requirement.

I. Seasonal or long term storage of cars, trucks, trailers, or other vehicles not marine related shall not be permitted in a boatyard.

J. No derelict, discarded or junked boats, no parts, scrap, partially dismantled boats, boat motors, or trailers shall be stored out-of-doors.

K. Designated fifteen (15') foot wide fire lanes shall be provided at regular intervals and shall be maintained and open at all times. Said fire lanes shall be subject to the approval of the Township Fire Official.

L. All applicable requirements of any State or Federal agency including local health and fire authorities having jurisdiction shall be met.

§ 412.03 Cemeteries

Buildings associated with principal cemetery uses shall be permitted provided the following requirements are met:

A. Building setbacks.

1. Minimum front yard shall be forty (40) feet

2. Minimum Side yard shall be twenty (20) feet

3.Minimum rear yard shall be twenty five (25) feet

B. Height. Maximum building height shall be twenty five (25) feet.

C. Fence or wall. A wrought-iron fence or stone wall may be provided at the perimeter of a cemetery tract. Said fence or wall may not exceed five (5) feet in height, except that intermittent piers may reach six (6) feet in height. A main entrance gate may exceed the permitted fence or wall height by 50%.

§ 412.04 Child Care Centers



Child care centers shall be permitted in any nonresidential district. In those districts combining residential and nonresidential areas under a unified plan for development, the child care center shall be permitted only in the non-residential area. Any child care center shall be duly licensed pursuant to N.J.S. 30:5B-1 et seq. A child care center functionally integrated within a non-residential development owned or operated for the benefit of their employees, their tenant's employees, or employees within an office or business park or research and development complex shall not be required to provide additional off-street parking for the use. In the calculation of any floor area ratio applicable to an office or business park or research and development complex, the area occupied by a child care center shall not be included.

§ 412.05 Corner and Through Lots

Whenever a lot shall be bounded by more than one (1) street line, the following provisions shall apply (see also Appendix A):

A. All provisions of this Ordinance with respect to setbacks and all other restrictions and regulations relating to street lines and front yards shall apply to each street line as a front yard.

B. For the purposes of determining the rear yard on a corner lot, the interior lot line opposite the street line with the shortest frontage shall be considered to be the rear lot line and any remaining interior lot lines shall be considered side lot lines.

C. Each lot shall have a rear yard except for through lots. In an instance of a through lot and in an instance of a corner lot where the frontage is equal, the yard opposite the street address of the property shall be deemed the rear yard.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 07-11.

D. In an instance where a lot is bound by three (3) or more streets, the property shall contain multiple front yards and at least one (1) side yard.