AN ORDINANCE AMENDING CHAPTER 197 OF THE BOROUGH CODE, SO AS TO PERMIT THE PLACEMENT OF AIR CONDITIONING UNITS IN SIDE-YARDS IN ALL RESIDENTIAL ZONES OF THE BOROUGH

BE IT ORDAINED by the Council of the Borough of Kenilworth, in the County of Union, State of New Jersey, that Chapter 197 of the Borough Code (pertaining to Zoning), is hereby amended and supplemented as follows:

Section I. Air-conditioning compressor units shall be permitted in the side-yard of any residential lot located in the R-1, R-2, and R-3 residential districts, subject to the following conditions:

A. Any such air conditioning compressor unit shall be fully screened from the view of any street facing or abutting the property. Such screening shall be by opaque fencing, and/or by evergreen shrubbery or bushes, so that the view of the air conditioning unit is completely obscured from the street. Neither the air conditioning compressor unit itself nor any fencing surrounding same, shall exceed four feet in height.

B. No air conditioning unit shall be placed in such a manner that it would violate the side-yard set-back requirement pertinent to the zoning district in which the property is situated. No air conditioning unit shall be placed in the street-facing side yard of any comer lot.

C. Any air conditioning unit placed in the side-yard shall have a noise rating of 80 decibels or less.

D. Any air conditioning unit placed in a side-yard shall be properly mounted on a concrete pad or similar installation.