A. No building shall hereafter be erected and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements as set forth in this chapter. No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity with the yard, lot, lot area, building location, percentage of lot coverage, off-street parking space and such other regulations designated in this chapter for the zone in which said building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter, and the certificate of occupancy for such building shall become null and void.
B. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other buildings, and no yard or other open space on one lot shall he considered as providing a yard or open space for a building on any other lot.
C. No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall he considered as providing off-street parking, loading or unloading area for a use or structure on any other lot unless specifically permitted elsewhere in this chapter.
D. No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones. Vehicle access for nonresidential uses shall not traverse a residential zone and shall be directly from a street specified as a primary, secondary or collector road category as shown in the duly adopted Master Plan of the Borough of Hopatcong.
E. No parcel of land with an area or dimensions less than those prescribed for a lot in the zone in which such lot is located may be built upon nor may any existing building be enlarged in area in violation of any yard provision of this chapter unless and until the owner thereof obtains a variance from the Zoning Board of Adjustment.
A. No use shall be permitted on any lot on which there is no principal building relating to said use.
B. Only one principal building may be erected on a lot except for related, compatible buildings constituting one basic use or operation under one management and limited to the following:
(1) Hotel or motel developments, townhouses or senior citizen developments.
(2) Public or institutional building complexes.
(3) Shopping center developments.
(4) Industrial or light manufacturing building complexes.
(5) Office building complexes.
(6) RPD and MPD developments.
C. Unless otherwise regulated in this chapter, a principal building as permitted shall be at least 30 feet from another principal building, and no principal building shall be located closer to the front, rear or side lot line than the minimum distance required by its zone.
D. An accessory building which is attached to a principal building shall comply in all respects with the yard and other requirements of this chapter for a principal building, except that in the case of an accessory building attached to a principal building by means of a breezeway or other similar structure, the building shall continue to be considered as an accessory structure. [Amended 3-6-1997 by Ord. No. 8-97]
E. Except as part of a senior citizen subsidized or senior citizen retirement project, a townhouse development or MPD or RPD Zone, no new building shall be constructed on or any existing building altered or moved onto any lot for use as a dwelling when there exists on said lot a building which is being used for dwelling purposes. No building other than a structure permitted in and by this chapter shall be constructed in front of or moved to the front of a principal building situated on the same lot.
A. No accessory building shall be constructed on any lot on which there is not a principal building or structure.
B. With respect to accessory buildings and uses, the following requirements shall be complied with in all residential zones:
(1) No accessory building shall be used for human habitation.
(2) No accessory building shall have a floor or ground area in excess of 1/2 of the floor or ground area, whichever is smaller, of the principal building on the same lot.
(3) The total of the floor or ground areas of all accessory buildings, if more than one, shall not exceed 1/2 of the floor or ground area, whichever is smaller, of the principal building on the same lot.
(4) Except as permitted in § 242-24 of this chapter, no accessory building or structure shall exceed 18 feet in height or the height of the principal structure, whichever is less, except for freestanding flagpoles, which shall not exceed the height of the principal building or 20 feet, whichever is greater.
(5) No accessory building or structure shall be permitted in any front yard, except for freestanding flagpoles.
(6) All accessory buildings shall be located at least six feet from any principal building situated on the same lot, and every accessory building shall be located at least six feet from any other accessory building.
(7) Accessory buildings may be built within any side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the required side yard setback for the principal building on said lot.
(8) Accessory buildings and uses built in a rear yard shall not be closer than the minimum distance as provided for each zone, from any side or rear property line. Where the rear yard line of a property also serves as a side yard for an adjoining property and the minimum side or rear yard have distances for said zone in which the property is located less than 10 feet, then the minimum distance shall be 10 feet. [Amended 12-1-1994 by Ord. No. 29-94]
(9) No accessory building shall be erected on any corner lot closer to any of the lines of the streets abutting said lot than the front yard setback lines from said streets or than the actual mean distance of the side wall of the principal building from said street when the accessory building is located in a rear yard.
(10) Location of pools. Except for pools less than 24 inches in height or having a surface area less than 250 square feet, unless these otherwise excepted pools are permanently equipped with a water recirculating system or involve structural materials, no private swimming pool shall be constructed or installed on any lot unless the following conditions are met:
(a) The distance from any side lot line to the inside face of the closest pool wall is not less than 10 feet.
(b) The distance between the street on which the property fronts and the fence, as required under the Borough Building Code, is not less than the setback as established by this chapter, and in no event shall said fence have a setback less than any existing structure on said lot.
(c) The distance from the rear lot line and the inside face of the closest pool wall is not less than 10 feet.
(d) All pumps and filtration systems are located not closer than five feet to any property line.
(e) No swimming pool shall be constructed within five feet of the foundation wall of any dwelling, whether such dwelling shall be on the same premises on which the swimming pool is to be constructed or on adjacent premises unless the Construction Official is satisfied that a location closer than the five-foot restriction will not in any manner impede the structural soundness of the subject foundation wall.
(f) Upon said lot shall be located a residence dwelling as defined in this chapter, and said lot shall be located immediately adjacent to the owner's residence.
C. The following requirements shall be complied with in all nonresidential zones:
(1) Except as permitted in § 242-24 of this chapter, no accessory building or structure shall exceed 18 feet or be more than one story in height.
(2) No accessory building or structure shall be permitted in any front yard, except for freestanding flagpoles.
(3) No accessory building shall be closer to the principal building or any abutting rear yard property line than 10 feet.
(4) Accessory buildings may be built within the side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the width of the side yard required for the principal building on said lot.
D. Coverage. All accessory uses shall be included in computing maximum improved lot coverage.
E. Number. Not more than two accessory structures shall be permitted on any lot. Patios, radio towers, fences and outdoor utility installations shall not be included in calculating the maximum number of accessory uses.
F. An accessory building which is attached to a principal building shall comply in all respects with the yard and other requirements of this chapter for a principal building; except that in the case of an accessory building attached to a principal building by means of a breezeway or other similar structure, the building shall continue to be considered as an accessory structure. [Amended 2-20-1997 by Ord. No. 1-97]
A. Guiding principles and general requirements. Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Borough of Hopatcong and at the same time recognizing that such uses may be or may become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and to the character of the surrounding area, such uses are hereby designated as conditional uses. In addition to other powers conferred by this chapter and applicable statutes, the Planning Board shall have jurisdiction and power to approve conditional uses, under the terms and conditions established by this chapter, under the following stipulations and guiding principles:
(1) That the use for which application is being made is specifically authorized as a conditional use in this chapter for the zoning district in which it is located.
(2) That the design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
(a) Character of the neighborhood and zone.
(b) Conservation of property values.
(c) Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
(d) Potential congestion of vehicular traffic or creation of undue hazard.
(e) Principles and objectives of this chapter and the Master Plan of the Borough of Hopatcong.
B. All applications for conditional uses shall require site plan review and approval.
A. The structures and uses listed below are specifically prohibited in any zone in the Borough of Hopatcong:
(1) All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
(2) Carousels, merry-go-rounds, roller coasters, Ferris wheels, whirligigs, pony or train rides, midways or side shows, boxing or wrestling exhibitions and the like.
(3) Auction markets.
(4) Junkyards, automobile wrecking yards or disassembly yards or the sorting or baling of scrap metal, paper, rags or other scrap material; and the manufacture and storage of high explosives and fireworks.
(5) Penny arcades, shooting galleries, electronic game arcades or other places of amusement wherein are to be found games or coin-operated machines, except that this chapter shall not prohibit the use of coin-operated vending machines or pinball-type machines as may be licensed under Chapter 63, Alcoholic Beverages. [Amended 4-6-1989 by Ord. No. 15-89]
(6) The use of any premises or building in such a manner that the health, morals, safety or welfare of the community may be endangered.
(7) Garbage, rubbish, refuse or other waste material deposits or dumps unless specifically designated by the Mayor and Borough Council.
(8) Structures used for correctional purposes; structures used for the treatment of drug addiction, alcoholism or mental illness; or the use of any structure to house persons who are drug addicts, alcoholics, insane or mentally disturbed for the purpose of treatment or otherwise, whether eleemosynary or operated for profit.
(9) The parking or keeping of any commercial vehicle exceeding three-fourths-ton rated capacity on the street or in the open on any premises in any residential district and the garaging of more than one commercial vehicle in any residential district or the maintenance and garaging of any commercial vehicle exceeding a rated capacity of two tons in any such residential district; provided, however, that nothing herein shall be deemed to prevent the maintenance of a camper or camping trailer on any premises.
(10) Display of goods for sale purposes by business structures or uses outside of the structure in which such activity is carried on, except as provided in § 242-17C and D. [Amended 12-6-1984 by Ord. No. 35-84]
(11) The exploration, extraction, mining, milling or processing of any fissionable source material. [Added 12-6-1984 by Ord. No. 38-84]
B. Temporary circuses, pony rides, animal acts, carnivals, bazaars and educational sports, music or theatrical enterprises and displays, provided that the same are sponsored by a recreational, charitable, social or service organization or religious institution located within the Borough of Hopatcong, are permitted, provided that a permit for such specific activity has, after proper application, been granted by the Zoning Officer of the Borough of Hopatcong. Further, said events shall not take place over more than three continuous days, and each organization or religious institution is limited to four permits per calendar year covering a total of seven days. Auxiliaries to organizations or groups within a religious institution will not qualify as separate organizations in determining the number of permits, but the auxiliary and parent organization shall count as one, as will all the groups in total within a religious institution be counted as one and be limited to a total of four permits. All events conducted under this subsection which are part of a Borough-wide celebration or promotion recognized by a resolution of the governing body giving reference to this subsection may be processed through one application to the Zoning Officer presented by a group appointed by the Mayor, and, in which case, the fee shall be waived. Temporary circuses, pony rides, animal acts, carnivals, bazaars and educational sports, music or theatrical enterprises and displays, provided that the same are sponsored by a recreational, charitable, social or service organization or religious institution located within the Borough of Hopatcong, are permitted, provided that a permit for such specific activity has, after proper application, been granted by the Zoning Officer of the Borough of Hopatcong. Further, said events shall not take place over more than three continuous days, and each organization or religious institution is limited to four permits per calendar year covering a total of seven days. Auxiliaries to organizations or groups within a religious institution will not qualify as separate organizations in determining the number of permits, but the auxiliary and parent organization shall count as one, as will all the groups in total within a religious institution be counted as one and be limited to a total of four permits. All events conducted under this subsection which are part of a Borough-wide celebration or promotion recognized by a resolution of the governing body giving reference to this subsection may be processed through one application to the Zoning Officer presented by a group appointed by the Mayor, and, in which case, the fee shall be waived.
C. Temporary Borough-wide promotions or celebrations. The display of goods for sale purposes may be permitted outside the business structure if done as part of a Borough-wide celebration or promotion, provided that:
(1) The display shall not encroach upon any paved roadway.
(2) The display shall not hinder pedestrian traffic.
(3) The celebration or promotion is recognized by a resolution of the governing body giving reference to this subsection.
D. Display of plants, trees, shrubs, wreaths, fruits and vegetables and seasonal hardware for sale purposes outside of business structures is allowed in B Zones as provided: [Added 12-6-1984 by Ord. No. 35-84; amended 2-7-1985 by Ord. No. 1-85]
(1) The display shall be at least 10 feet from a paved road and shall not hinder pedestrian traffic.
(2) The display shall not encroach upon required parking spaces or other space required to be kept open through Borough ordinance or an approved site plan.
(3) The display shall be associated with the business being operated in the business structure and be of the same type of business and operated by the operator of the business in the structure.
(4) The area devoted to the display of goods for sale shall not exceed in size 30% of the square footage of the floor space utilized in the business structure for the associated business, except that for seasonal sale of Christmas trees the total area devoted to the display of goods for sale shall not exceed in size 100% of the floor space utilized in the business structure for the associated business, and then for a period not to exceed six weeks.
(5) Any outside structure used for sale purposes under § 242-17D shall conform to all applicable Borough codes and shall be aesthetically pleasing so as not to detract from the appearance of nearby buildings or grounds.
E. No lighting shall be located so as to interfere with the vision of drivers of land- or water-based vehicles. [Added 12-5-1991 by Ord. No. 28-91]
No building or structure shall be constructed within the following areas:
A. All land that is within 50 feet of the bank of a lake, pond, run, stream or major drainage ditch, except docks, piers, boathouses and marinas in accordance with § 242-30.
B. On land subject to periodic overflow.
C. On land which has an average water table within two feet of the ground surface.
A. The physical contour of any lot shall not be altered in any manner affecting drainage to the detriment of the property or adjoining property, nor shall natural contours be disturbed or excavations permitted which are likely to involve the risk of erosion, landslides, injury to natural vegetation or other hazardous or adverse conditions.
B. There shall be no filling of land or erection of retaining walls in any location or to such a height as would reduce the normal sight distance along a street from any point at the setback line of an adjoining lot.
C. Land coverage with impervious materials for lands developed for residential use in critical areas shall not exceed 15%.
D. At the completion of construction, the owner shall remove all debris, rubbish, stumps, etc., from the lot. All unused excavations shall be backfilled. During construction, general housekeeping shall be maintained so as to prevent a littered condition or unattractive appearance.
E. No mud, silt, rubbish, trash, debris, etc., shall be deposited on Borough roads or rights-of-way as a result of construction or removal of these items from the site for disposal.
F. Underground installation of utility lines. All utility lines and accessory appurtenances, including but not limited to electric distribution, communications, streetlighting and cable television, shall be installed underground within easements or dedicated public rights-of-way. The developer shall arrange with the serving utility for the underground installation of the utility's distribution lines and service connections in accordance with the provisions of the applicable standard terms and conditions of its tariff as the same are then on file with the State of New Jersey Board of Public Utility Commissioners; provided, however, that lots which abut existing easements or public rights-of-way where overhead utility lines have theretofore been installed may be supplied with service from such overhead lines where no new utility poles are required.
G. Lighting. [Added 12-5-1991 by Ord. No. 28-91]
(1) All site lighting for all uses other than single-family residential homes in the Borough shall be in accordance with § 191-24C of this Code.
(2) Upon application, the Planning Board may consider waiving the requirements of § 191-24C(6) and (10) of special business events, Borough-wide celebrations or other similar occasions. In considering any such application, the Planning Board shall consider the effect of such a waiver on surrounding properties and residential zones and may limit the time and duration of the waiver or impose other special conditions as necessary.
No site plan or subdivision shall be approved, no building permit shall be issued for a single-family dwelling, no street shall be constructed, and no changes shall be made to the contour of the land and no grading, filling, excavating or removal or destruction of topsoil or vegetative cover of the land shall be commenced until such time that an approval as required by Chapter 197 is obtained.
A. No parcel of land with an area or dimensions less than those prescribed for a lot in the zone in which such lot is located may be built upon, nor may any existing building be enlarged in area in violation of any yard provision of this chapter unless and until the owner thereof obtains a variance from the Zoning Board of Adjustment.
B. Lot width. On regularly shaped lots, the minimum lot width of any lot shall be measured at the front property line and minimum front yard setback line as required for the zone in which it is located and shall be maintained for a distance of 40 feet to the rear of the required front yard setback line. In cases of lots on a cul-de-sac, the lot frontage measured at the street right-of-way line shall not be less than 40% of the required minimum lot width.
C. Corner lots. At all street intersections, no obstruction to vision exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot lines or their extension thereof 30 feet distant from their intersection or at a distance determined by the Borough Engineer. On any corner lot, the minimum lot width shall be increased by 25 feet.
D. Through lots. A through lot shall be considered as having two street frontages, both of which shall be subject to the minimum front yard requirements of this chapter.
E. Required area or space not to be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and, if already existing as less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
F. Frontage upon a street. Every principal building shall be built upon a lot with the minimum lot width fronting upon an improved and approved street in accordance with the road standards established by the Borough of Hopatcong or on a private road shown on an approved site plan. Any newly constructed road paved to a width of less than 24 feet since 1987 is considered an unimproved road. [Amended 9-6-1990 by Ord. No. 30-90]
G. Quasi-public uses. All quasi-public uses, such as but not limited to churches and schools and other similar places of worship or instruction, to be located in any residential zone shall have a minimum lot requirement of one acre. The use will comply with all the other requirements of the zone in which it is located.
