[Amended 4-7-1994 by Ord. No. 9-94; 4-3-2002 by Ord. No. 8-2002]
A. Applicability. Home professional offices as defined herein shall be a permitted use in the R-1, R-2 and R-3 Zones.
B. Definitions. It is the intention of this section that a "home professional office" be defined as the office of a member of a recognized profession and shall include only the offices of physicians, counselors, ministers, doctors, architects, professional engineers, accountants, lawyers and such other similar professions. Said use shall be of an accessory character and shall be clearly incidental to and subordinate to the use of the dwelling for dwelling purposes. A professional office shall be conducted entirely within a dwelling and shall not change the character thereof and shall not adversely affect the residential nature of the zone in which it is located.
C. Conditions. Any owner or tenant of a single-family home may utilize a portion of his or her home for any lawful activity which qualifies as a home professional office, subject to the following conditions:
(1) Only one such professional office use shall be permitted per property.
(2) Such use shall be clearly accessory to the principal use of the structure.
(3) Such use shall be conducted by the owner or tenant residing on the premises or members of the immediate family residing on the premises.
(4) Such use shall not occupy more than 50% of the dwelling unit. In no event shall the area of the home utilized for said use exceed 750 square feet.
(5) Such use shall be conducted solely within the principal structure.
(6) There is to be no outdoor activity on the premises associated with the professional occupation use.
(7) Only one sign, a maximum of 288 square inches, shall be permitted. Said sign shall contain the name of the professional and the occupation practiced.
(8) No noise related to the professional office use shall be audible to adjacent property owners or interfere with the quiet enjoyment of their property.
(9) Such use of the home shall not adversely affect adjacent property owners or interfere with the quiet enjoyment of their properties by causing air pollution, including noxious odors, or water pollution or electrical interference. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family dwelling residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises.
(10) There shall be no outside storage of any kind related to the professional occupation.
(11) Such use shall not require external alterations to the dwelling unit or the site upon which it is located. In no event shall the appearance of the structure be altered or the occupation within the residence be conducted in a manner which would cause the premises to differ from its residential character either by the use of colors, materials, construction, lighting or signs or by the emissions of sounds, noises and vibrations.
(12) No such use shall involve construction features or the use of electrical or mechanical equipment that would change the fire rating of the structure.
(13) Any visits by clients or deliveries of materials to or from the residence shall be made during the hours of 9:00 a.m. to 8:00 p.m., Monday through Saturday.
(14) No traffic shall be generated by such professional office in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such professional office shall be met off the street and on the driveway of the home.
(15) No firearms or explosives or hazardous materials may be used in any form in said business.
(16) A maximum of one employee (other than the residents of the household) may be on the premises at any time. This subsection does not preclude the operator of the professional office from having employees, associates, partners or supervisors, etc., who are stationed off the premises. a maximum of one employee (other than the residents of the household) may be on the premises at any time. This subsection does not preclude the operator of the professional office from having employees, associates, partners or supervisors, etc., who are stationed off the premises.
(17) No patient/client shall be allowed to remain on the premises overnight.
D. Application procedure.
(1) Any applicant seeking to utilize an area of a residential premises as a professional office shall make application to the Zoning Officer. The application shall be on a form adopted by the Planning Board by resolution. The application shall include identification information as to the applicant and proposed business and include a simplified site plan indicating the use of the principal structure and how the occupation is to be conducted. Professional-engineering-type plans are not required. Such application shall also require the applicant to certify in the form of a notarized affidavit that he or she will comply with the conditions contained in Subsection C. Where the home professional office use is to be conducted by a tenant in a structure, the application shall include the permission/authorization of the owner of the property.
(2) The Zoning Officer shall review the application within a period of 10 days and notify the applicant as to whether the application is complete. If the application is found to be incomplete, the applicant shall be requested to provide the complete information within 30 days. If the application remains incomplete at that time, the application shall be dismissed without prejudice.
(3) Once an application is found to be complete, the Zoning Officer, in consultation with the Secretary of the Planning Board, shall schedule the application for consideration at the next Planning Board meeting.
(4) In considering any such application, the Planning Board shall consider the adequacy of the parking and the impact on the residential character of the community as a result of any proposed client visits. The Planning Board, in its discretion, may impose any and all conditions necessary to protect the health, safety and welfare and to preserve the residential nature of the zone.
E. Effect of home professional office approval. An approval pursuant to this section shall be considered to run to the home professional office of the specific applicant for the specific property. In the event that the property is sold or vacated, any prior approval under this section shall be considered to be null and void and any subsequent use shall require a new application.
Agricultural uses, including customary farm occupations, or lands which qualify as farms, as defined herein and where permitted, shall be subject to the following conditions:
A. Buildings may be utilized for horticulture, nurseries, greenhouses and for the growing, raising, harvesting and sale of agricultural crops, provided that no building shall be nearer than 100 feet to any lot line, except residential buildings, which may be located in conformity with the standards for residences within those districts in which they are located.
B. The grazing or foraging of animals or the construction of pens shall not be permitted within 75 feet of any lot line. A buffer, as provided in § 242-25, Buffers, of 30 feet shall be maintained along side and rear lot lines. The minimum lot size shall be five acres.
C. The display for sale of products grown or raised by the owner, tenant or lessee on a roadside stand shall only be permitted where:
(1) The sale of such products is within the confines of the property upon which they have been grown or raised.
(2) The place of sale or storage of any such products, whether of a permanent or temporary nature, shall not be closer than 100 feet to any side lot line or 50 feet from any road or street.
(3) The sale of any such products shall not have a deleterious effect on adjoining properties by reason of nuisance or health hazard or other factors.
(4) A suitable amount of off-street parking and loading space shall be provided.
[Added 4-7-1994 by Ord. No. 6-94]
A. Definitions. The following definitions shall apply to the terms used in this section:
PERSON An individual, proprietorship, partnership, corporation, association or other legal entity.
SEXUALLY ORIENTED BUSINESS
(1) A commercial establishment which as one of its principal business purposes offers for sale, rental or display any of the following: books, magazines, periodicals or other printed material or photographs, films, motion pictures, videocassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion-picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or other instruments, devices or paraphernalia which are designed for use in connection with a specified sexual activity. Excluded from this definition of "sexually oriented businesses" shall be any commercial entity for which:
(a) The sale, rental or display of the above-described sexually oriented materials constitutes only a minor ancillary or auxiliary aspect of its overall business;
(b) The sale, rental or display of the sexually oriented materials is segregated from other items offered for sale; and
(c) An appropriate warning sign is posted prohibiting minors from the purchase, rental or viewing of said sexually oriented materials.
(2) A commercial establishment which regularly features waiters, waitresses, dancers or other live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, videocassettes, slides or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
SPECIFIED ANATOMICAL AREA
(1) Less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola.
(2) Human male genital in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITY
(1) The fondling or other erotic touching of covered or uncovered human genital, pubic region, buttock or female breast.
(2) Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
B. Standards for location and operation of sexually oriented businesses.
(1) No person shall operate a sexually oriented business within 1,000 feet of any existing sexually oriented business, or any church, synagogue, temple or other place of public worship, or any elementary or secondary school or any school bus stop, or any municipal park or county playground or park or place of public resort and recreation, or within 500 feet of any area zoned for residential use or within 1,000 feet of a public or private recreational facility, including but not limited to bowling alleys, skating rinks, pool parlors, video arcades or similar enterprises catering to or frequently attended by minors under the age of 18 years.
(2) Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings to the satisfaction of the reviewing board. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section. Every sexually oriented business shall be surrounded by a perimeter buffer of at least 50 feet in width, consisting of plantings to the satisfaction of the reviewing board. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section.
(3) No sexually oriented business which regularly shows films, motion pictures, videocassettes, slides or other photographic representations which depict or describes specified sexual activity or specified anatomical area shall offer for public use any private booths, screens, enclosures or other devises which facilitate sexual activity by patrons.
(4) A sexually oriented business shall display at least one exterior sign on each entrance way giving notice that the premises are off limits to minors.
(5) A sexually oriented business shall not employ any minor under the age of 18 years.
(6) All external signs connected with a sexually oriented business shall reflect the general community standard and shall not depict any specified anatomical area or specified sexual activity.
C. Existing sexually oriented businesses.
(1) This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section or where another sexually oriented business, an elementary or secondary school or school bus stop or any municipal or county playground or place of public resort and recreation is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 500 feet. This subsection shall not apply to a sexually oriented business already lawfully operating on the effective date of this section or where another sexually oriented business, an elementary or secondary school or school bus stop or any municipal or county playground or place of public resort and recreation is subsequently established within 1,000 feet, or a residential district or residential lot is subsequently established within 500 feet.
(2) All sexually oriented businesses currently operating within the Borough of Hopatcong shall provide notice to the Borough Zoning Officer of the existence of their operation within 30 days of the effective date of this section. In response to any said notification, the Zoning Officer may request the sexually oriented business to demonstrate the existence of the prior claimed lawful operation of the business.
[Added 4-7-1994 by Ord. No. 6-94]
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
UNDERGROUND STORAGE TANK Any tank or other container which is located in whole or part below grade and which is used to store hazardous substances as defined by New Jersey Department of Environmental Protection and Energy (NJDEPE).
UNREGULATED TANKS Those tanks specifically exempted from NJDEPE regulations.
B. Applicability. The Mayor and Council of the Borough of Hopatcong finds it appropriate, in line with its responsibilities to protect the health, safety and welfare of its citizens with particular emphasis on the protection of subsurface water supplies on which the entire Borough depends, to regulate the installation of underground storage tanks installed in the Borough.
(1) The provision of this section shall apply to:
(a) All residential underground storage tanks of 2,000 gallons' volume or less.
(b) All nonresidential underground storage tanks of a volume of 2,000 gallons or less.
(c) Farm or residential underground storage tanks of 1,100 gallons or less used for storing motor fuel for noncommercial purposes.
(2) This section shall not apply to:
(a) Any tank regulated by the NJDEPE or its successors.
(b) Any septic tank or tank installed as part of a septic or other approved waste treatment system.
(c) Any storage tanks designed to store water or any other nonhazardous substance.
C. Standards.
(1) The installation of new underground storage tanks after the effective date of this section is hereby prohibited.
(2) Existing underground storage tanks subject to the terms of this section may be replaced subject to the following conditions:
(a) The replacement tank must be of an equivalent size or smaller and in the same location as the original tank.
(b) The replacement tank must be of a double-walled or greater construction.
(c) The replacement tank must be equipped with an alarm system to alert the owner/operator of the tank in the event of a leak.
D. Screening and buffering of outside and aboveground tank. Where storage tanks are installed outside and above ground, adequate fencing or vegetative screening shall be installed around said tank in order to minimize the off-site visual impact without in any way obstructing access to the tank for purposes of filling and inspecting.
[Added 11-7-1996 by Ord. No. 23-96]
Garage sales, when permitted, shall comply with the following regulations:
A. Permit required. Any person, persons or organization wishing to conduct a garage sale must first obtain a garage sale permit from the Borough of Hopatcong Zoning Officer.
(1) A permit shall be issued to any one person, organization or property/household no more than two times within a twelve-month calendar year, and no such permit shall be issued for more than three consecutive calendar days. This limitation of two times per year shall not apply to nonprofit organizations.
(2) An application for a permit must be filed at least two Borough working days (48 hours) prior to the sale. The application for the garage sale permit shall include the following information:
(a) Name of person or organization conducting the sale;
(b) Name of the owner or lessee of the property on which the sale is to be conducted
(c) Location at which the sale is to be conducted. (If the applicant is not the owner of the property, a signed consent form from the owner must be submitted);
(d) Date and number of days of the sale;
(e) Date and nature of any past sales within the last twelve-month period;
(f) Sworn statement or affirmation by the person signing that the information given is full and true and known to him/her to be so.
(3) The aforesaid application, accompanied by a permit fee of $5, shall be reviewed by the Zoning Officer for completeness upon which time the permit shall be issued.
(4) Each permit issued under this section shall be prominently displayed on the premises and visible from the street upon which the garage sale is conducted throughout the entire period of the sale.
(5) In the event of inclement weather, all persons and organizations issued a permit for a particular date or dates shall be permitted to utilize their permit on an alternate date or dates pursuant to this section. Such alternate dates must be supplied to the Zoning Officer at least 24 hours prior thereto.
(6) All garage sales shall be conducted between the hours of 9:00 a.m. and 6:00 p.m.
(7) No more than five signs for advertising or directing the public may be posted off the premises whereupon the permit is issued. The sign is not to exceed two feet by two feet and is to be displayed in conformance with the Borough Code. All such signs cannot be placed earlier than one week prior to the sale and must be removed within 24 hours after the sale has terminated.
(8) The person or person of the organization to whom the permit has been issued, and the owner or lessee of the premises on which the sale is being conducted, shall be jointly and severally responsible for compliance with this section and the maintenance of good order and decorum during the permitted date and time of the sale. No person shall permit any loud or boisterous conduct or permit vehicles to impede the passage of traffic on the roads or streets in the area of such premises. All permitted premises shall at all times be subject to inspections by the Zoning Code Enforcement Officer, the Chief of Police, the Chief of Fire Department or any of their agents or other duly authorized Borough representative.
B. Exceptions. The provisions of this section shall not apply to or affect the following persons or sales:
(1) Any sale conducted by a merchant or mercantile or other business establishment from any place of business wherein such sales would be permitted by the zoning and site plan regulations of the Borough.
(2) Any person selling or advertising for sale an item or items of personal property which are specifically named or described in the advertisement and which separate items do not exceed five in number.
(3) Sales conducted as part of a Borough-wide celebration.
C. Enforcement. The Borough Zoning Officer, Police Department and Prevention Chief shall have a right to issue summonses to all persons or organizations violating any section of this chapter.
D. Penalties. A violation of any provision of this chapter will result in the following penalties:
(1) Violations for no permit:
(a) First violation: a warning to cease sale and apply for the permit.
(b) Second violation: a fine of $25.
(c) Third violation: a fine of $50.
(d) Fourth and subsequent violations: a fine of $100 for each offense.
(e) Each day the sale continues without a permit will be considered a separate violation.
