13-7.831 Sale of New or Used Motor Vehicles

Any sale or the display for sale of new or used motor vehicles, except: (a) on the premises in a residential zone where the owner of the vehicle resides, in accordance with the provisions of Section 13-7.901 E, or (b) by an authorized motor vehicle dealership in accordance with the provisions of Section 13-7.3505, is prohibited in all zones.

13-7.9 GENERAL PROVISIONS FOR RESIDENTIAL ZONES.

13-7.901 Primary Intended Use

Residential zone districts are primarily designed for residential use, but permit the following uses which shall satisfy the requirements for single family dwelling units located within such residential districts:

A. Family day care homes as defined by Section 40:55D-66.5b of the Municipal Land Use Law.

B. Community residences as defined by Section 40:55D-66.2 of the Municipal Land Use Law.

C. Agricultural uses conducted in conformance with agricultural management practices, as defined by the New Jersey Department of Agriculture. Products shall not be sold on the premises. The keeping of any customary farm animal such as horses, ponies, cows, sheep and goats, chickens or other fowl is prohibited on lots less than five acres in size and further provided the keeping of any farm animal or fowl is only permitted in a building or other enclosure, not part of which is closer to any street or road line than 200 feet or closer to any property line than 200 feet. The processing of livestock and large-scale eg production is prohibited. Except as herein above provided. the keening of any other animal shall not be permitted in a residential district other than animals customarily regarded as household pets.

D. Home offices are permitted as an accessory use, provided that the following conditions are met:

1. The use is limited solely to office use;

2. The use is operated by and/or employs only full-time residents of the dwelling unit;

3. No non-resident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;

4. The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from that of the household;

5. Interior storage of materials shall be limited to office supplies for use on the premises;

6. There shall be no change to the exterior of the dwelling unit or accessory structures because of the use and no exterior evidence of business use, including without limitation, parking, storage, signs, antennae, satellite dishes, or lighting;

7. The use shall operate no equipment or process that creates noise, vibration, glare, light, fumes, odors, or electrical or electronic interference detectable by neighboring residents;

8. The use does not require utilities of a nature not typically found in residential areas and does not consume quantities of water or electricity substantially greater than is typical of residential uses;

9. The use does not generate solid waste other than household-type waste and does not generate such waste in quantities substantially greater than is typical of residential uses; all used office paper and cardboard shall be stored inside the dwelling and shall be recycled;

10. The volume of sewage or septic effluent generated by the use shall not be significantly greater than is typical of residential uses and such effluent shall not contain constituents not typically found in household sewage or septic effluent;

11. Delivery vehicles shall be limited to those of the U.S. Postal Service and other commercial mail and parcel delivery services that provide regular service to residential uses in the zone district;

12. The use shall not require or generate vehicular traffic between the hours of 6p.m. and 8a.m. on weekdays, or between the hours of 2p.m. and 10a.m. on weekends and legal holidays, and the volume and frequency of such traffic shall be limited to that which is typical of other residential uses in the zone district.

E. The sale of motor vehicles, trailer coaches or recreational vehicles on the premises in a residential zone where the owner of the vehicle resides is allowed as a permitted accessory use in all residential zones where the following conditions are met:

1. Not more than one (1) vehicle may be displayed for sale at any one time.

2. The vehicle may not be displayed for sale for more than three (3) consecutive months.

3. The vehicle must be located outside of the public right-of-way.

4. Not more than four (4) different vehicles may be displayed for sale within one calendar year.

F. A single-family dwelling may accommodate not more than one roomer, provided that there shall be no modifications to the dwelling associated therewith.

13-7.902 Building Setback from Railroad



In all residential districts, all principal buildings shall be set back a minimum of 100 feet from any abutting railroad right-of-way.

13-7.903 Measurement of Building Setback

Measurement of setback distance for a residential building shall not consider projections from the foundation line for chimneys, bay windows and/or other similar features, provided they do not exceed six feet in width or two feet in depth.

13-7.904 Incongruous Building Setback or Orientation

To the maximum extent-feasible; residential buildings will be oriented toward and setback from the street on which they front in manner consistent with surrounding residences.

13-7.905 Accessory Building or Structure Setback

A. In all residential districts, accessory buildings or structures, excluding fences, shall be set back a minimum of 10 feet from a principal dwelling. Each accessory building or structure, excluding fences, shall be set back at least 6 feet from another accessory structure. Swimming pools shall be set back a minimum of 10 feet from the foundation of the principal dwelling.

B. No more than two accessory buildings shall be permitted on a residential lot.

C. The total ground area of all accessory buildings shall not exceed 50% of the ground area of the principal building on the same lot.



D. In residential districts only, storage containers commonly known as "Pods" which are used for the storage and moving of household items shall be permitted to be kept on a developed residential lot as a temporary accessory structure to the existing dwelling for a period not to exceed 30 days with permitted extensions of up to an additional 180 days, in 30 day increments. A permit for said structure shall be obtained from the Zoning Officer and a fee of $25.00 shall be charged for the initial permit with an additional fee of the same amount for any extension which may be granted by the Zoning Officer. Only one storage container at a time may be permitted. The use of a storage container may be permitted only for the purpose of temporarily storing household items while a dwelling is undergoing renovation or in preparation for a change of occupancy. Pods shall be permitted only in the rear yard and shall not be placed in front or side yards. A permit for a Pod in a side or front yard may be issued if the Zoning Officer determines that it is not feasible for the Pod to be placed in the rear yard due to property constraints. Storage containers shall comply with accessory structure setbacks pursuant to § 13-7.905A unless waived by the Zoning Officer. The Zoning Officer may deny or revoke a permit if he determines that the storage container is unsightly or unsafe. The Zoning Officer may deny permit extensions if he determines that a storage container is not being used for a permitted purpose or has adversely impacted a neighboring property." to all other persons entitled thereto pursuant to N.J.S.A. 40:55D-15 and N.J.S.A. 40:55D-63 (if required). Upon the adoption of this Ordinance after public hearing thereon, the Township Clerk is further directed to publish notice of the passage thereof and to file a copy of the Ordinance as finally adopted with the Morris County Planning Board as required by N.J.S.A. 40:55D-16. The Clerk shall also forthwith transmit a copy of this Ordinance after final passage to the Township Tax Assessor as required by N.J.S.A. 40:49-2.1.



**Webmasters Note: The subsection above (D) has been added as per Ordinance No. 18-07.



13-7.906 Detention and Retention Basin Setback

Stormwater detention and retention basins shall maintain a minimum 20-foot setback from adjoining street rights-of-way and property lines.

13-7.907 Projections into Street Right-of-Wax

No steps, fences, walls or other above-ground object shall extend into any street right-of-way.

13-7.908 Gated Access Roads

Gated access roads are not permitted except as approved at the discretion of the Planning Board on privately-owned roads in multi-family residential districts. Gated access shall not be approved where it would have significant adverse effects on emergency access, municipal services, school bus routes, or public health and safety. The Board shall also consider the impact on traffic flow. The Board may impose conditions on the design of gated access, including, without limitation, break-away barriers, signs and appropriate turning patterns to insure emergency access by police and fire vehicles.

13-7.10 R-1 RESIDENCE DISTRICT.



13-7.1001 Required Conditions

The following requirements must be complied with in the R-1 Residence District:

A. Principal Permitted Uses

1. Single family detached dwellings.

2. Essential services.

3. Cluster residential development in accordance with the provisions Section 13-7.827

B. Permitted Accessory Uses

1. Off-street parking

2. Private residential tool sheds

3. Private residential swimming pools

4. Fences

5. Signs subject to the provisions of Section 13-8.9.

6. Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

C. Permitted Conditional Uses

1. Institutional uses

2. Home businesses

3. Flag lots

4. Subsidized Accessory Apartments

D. Area, Yard and Building Requirements

1. Minimum lot area: 40,250 square feet



2. Minimum lot width at setback: a) Interior and cul-de-sac lots: 175 feet. b) Corner lots: 200 feet on both streets.

3. Minimum lot frontage: a) Interior lots: 150 feet. b) Cul-de-sac lots: 100 feet. c) Corner lots: 200 feet on both streets.

4. Minimum front yard setback: fifty (50) feet, except that when the existing buildings on the same side of the street within 500 feet form an established line, new buildings may conform to such established line, provided no new building may project closer than forty (40) feet to the front property line. The location of the principal structure shall be compatible with the character of the surrounding-area.5. Minimum rear yard setback: a) Principal building: fifty (50) feet. b) Accessory building: ten (10) feet. c) Private swimming pool: fifteen (15) feet.

6. Minimum side yard setback: a) Principal building: each side yard at least twenty (20) feet, and aggregate of both side yards at least 23% of lot width at setback. b) Accessory building: ten (10) feet. c) Private swimming pool: fifteen (15) feet

7. Maximum building height: al Principal building: thirty-five (351 feet and in no event shall the building contain more than 2 1/2 stories. b) Accessory building: fifteen (15) feet.

8. Maximum impervious and building coverage a) Maximum impervious coverage: 20% of lot area b) Maximum building coverage: 15% of lot area

13-7.11 R-2 RESIDENCE DISTRICT

13-7.1101 Required Conditions

The following requirements must be complied with in the R-2 Residence District:

A. Principal Permitted Uses

1. Single family detached dwellings.

2. Essential services.

3. Cluster residential development in accordance with the provisions of Section 13-7.827.

B. Permitted Accessory Uses

1. Off-street parking.

2. Private residential tool sheds



3. Private residential swimming pools.

4. Fences.

5. Signs subject to the provisions of Section 13-8.9.

6. Other customary accessory uses and buildings which are clearly incidental to the principal use and building.

C. Permitted Conditional Uses

1. Institutional uses

2. Home businesses

3. Flag lots

4. Subsidized Accessory Apartments

D. Area, Yard and Building Requirements

1. Minimum lot area: 25,000 square feet

2. Minimum lot width at setback: a) Interior and cul-de-sac lots: 125 feet. b) Corner lots: 150 feet on both streets.

3. Minimum lot frontage: a) Interior lots: 110 feet. b) Cul-de-sac lots: 75 feet. c) Corner lots: 150 feet on both streets.

4. Minimum front yard setback: fifty (50) feet, except that when the existing buildings on the same side of the street within 250 feet form an established setback, new buildings may conform to such an established line, provided no new building may project closer than forty (40) feet to the front property line. The location of the principal structure shall be compatible with the character of the surrounding-area.

5. Minimum rear yard setback: a) Principal building: fifty (50) feet. b) Accessory building: ten (10) feet. c) Private swimming pool: fifteen (15) feet.

6. Minimum side yard setback: a) Principal building: each side yard at least fifteen (15) feet, and aggregate of both side yards at least 24% of lot width at setback. b) Accessory building: five (5) feet. c) Private swimming pool: ten (10) feet

7. Maximum building height: al Principal building: thirty-five (351 feet and in no event shall the building contain more than two and one-half (2 1/2) stories. b) Accessory building: fifteen (15) feet.

8. Maximum impervious and building coverage Maximum impervious coverage: 25% of lot area Maximum building coverage: 15% of lot area