In addition to all other applicable requirements of this chapter, the following requirements shall apply to the uses and structures specified below. The following uses and structures shall be permitted when so indicated in the specific zone regulations, and the following requirements shall not be construed to be conditional use requirements.

A. Residential cluster. Residential cluster may be permitted by the Planning Board in accordance with this chapter, provided that the following requirements shall supersede the requirements for conventional developments above. Where a different standard is not set forth below, the standards for conventional development shall apply.

(1) The provisions of § 190-48 shall be complied with.

(2) Every lot shall contain a minimum lot area of twelve thousand six hundred (12,600) square feet.

(3) Every lot shall contain a minimum lot width, measured at the minimum front yard setback line, of ninety (90) feet; provided, however, that no lot shall measure less than seventy-five (75) feet in width at any point within one hundred forty (140) feet of the front lot line.

(4) Every lot shall contain an average lot width of at least ninety (90) feet, calculated so that the minimum lot area of twelve thousand six hundred (12,600) square feet shall be provided within one hundred forty (140) feet of the front lot line.

(5) All land, other than building lots and roadways, resulting from and made available by the reduction of lot sizes pursuant to this subsection shall be reserved for open space. The amount of open space to be reserved shall be at least two (2) acres unless the open space to be reserved abuts land already owned by the Village or by the Board of Education of the Village or land shown on the master plan or official map of the Village as park or school/park land.

(6) The Planning Board need not approve any subdivision employing open space zoning if, in its sole discretion, open space zoning would not be suitable for the orderly development of the area in which it is located or would not conform to the general pattern of the development of existing community facilities or school/park lands or the general pattern of the development of such facilities or school/park lands as shown on the master plan or official map of the Village.

B. Family day care homes. Family day care homes contained in a residence, when permitted, shall comply with the following requirements:

(1) There shall be no physical evidence of said use from the exterior of the residential building.

(2) Signs of any kind advertising the nonresidential use are prohibited.

(3) The remodeling of any residential building in any way to create the impression of business activity from the exterior of the residential building is prohibited.

(4) No family day-care home shall have the services of any person not residing therein.

(5) Any family day-care home shall be limited to the first floor of such residence and shall not occupy more than twenty-five percent (25%) of the habitable floor area of the residence or fifty percent (50%) of the habitable floor area on the ground floor . whichever is less.

C. Home professional offices. Professional offices contained in a single-family residence, when permitted, shall comply with the following requirements:

(1) Any building that contains a home professional office, whether a new structure or a converted existing structure, shall be residential in exterior appearance.

(2) The practitioner shall reside in the subject residence.

(3) The office shall be limited to the ground floor of the residence and shall not occupy more than twenty-five percent (25%) of the habitable floor area of the residence, 'or more than fifty percent (50%) of the habitable floor area on the ground floor, whichever is less. The balance of such residence floor area shall not be used for professional purposes.

(4) No part of any structure containing a permitted professional use within a residential dwelling shall be -located on either side of the same street or any intersecting street within five hundred (500) feet of any permitted professional use within a residential structure.

(5) The total coverage by improvements , exclusive of any access driveways running between the street and the parking area, shall not exceed thirty percent (30%) of the total lot area.

**Webmasters Note: The previous subparagraph (5) has been amended as per Ordinance No. 2670.

(6) Such practitioner shall not have the services of more than three (3) other employees assisting in his practice on the premises. Said employees need not be resident therein. This shall not be construed to permit any practitioner to operate in the one (1) off ice as herein regulated other than the practitioner residing therein.

(7) No patient shall remain therein overnight.

(8) Such permitted professional uses shall provide an exterior entrance to the office area and toilet facilities separate from the residential portion of the dwelling for patients or visitors.

(9) Notwithstanding any other requirements of this chapter, such permitted professional uses shall be provided with one (1) usable off-street parking space, exclusive of any access drives or aisles within the parking area for every one hundred fifty (150) square feet of habitable floor area or any fraction thereof of any building used for such professional use. Any site upon which is permitted a nonresidential use and upon which is also located a permitted residential use shall be provided with off-street parking from each of such uses, and the computation for each use shall be made separately and cumulatively.

(10) The office hours of any practitioner as herein regulated shall be limited to the hours between 7:00 a.m. and 9:00 P.M.

D. Car rental establishments. Car rental establishments, when permitted, shall comply with the following requirements:

(1) The minimum lot size for any lot upon which any car rental establishment is located shall be fourteen thousand (14,000) square feet.

(2) The minimum street frontage of such lot shall be one hundred (100) feet. If a car rental establishment is located on a corner lot, the minimum street frontage on each street shall be one hundred (100) feet.

(3) Entrance and exit driveways to and from any lot upon which is located a car rental establishment shall have an unrestricted width of not less than sixteen (16) feet nor more than twenty-four (24) feet, shall be located not nearer than ten (10) feet from any lot line and shall be so laid out as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.

(4) The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a car rental establishment shall be paved with a bituminous or concrete surface sufficient to meet the Village paving specifications applicable to streets and roadways.

(5) on any premises upon which a car rental establishment is located, all services or repairs to or for motor vehicles, other than such minor items-as the changing and filling of tires or the filling of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed.

(6) No part of any building used as a car rental establishment and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within ten (10) feet of any side or rear lot line, and the ten-foot free area required hereunder shall be at all times kept free, open and unobstructed for the purposes of ready access by emergency fire and police vehicles.

(7) At any car rental establishment, storage facilities for gasoline, oil or other flammable materials in bulk shall be located wholly underground and no nearer than thirty-five (35) feet from any lot line other than any street sideline. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within ten (10) feet of any street sideline, and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.

(8) No part of any building or structure used in whole or in part as a car rental establishment shall be located within one hundred (100) feet of any boundary line of any residential zone district nor three hundred (300) feet, measured in a straight line, from the nearest lot line of any lot upon which is located a like car rental establishment.

(9) The area to be used for the parking of automobiles for rental shall not be more than two (2) square feet of area for each square foot of all enclosed buildings -having four (4) walls and a roof devoted to the car rental operation.

E. Outdoor storage. The following regulations shall govern outdoor storage within the Village:

(1) In the R-125, R-1,R-2 and R-3 residential zones, and in other zones where a legal one-family or two-family dwelling exists, outdoor storage shall be permitted only as an accessory use to a one-family detached or two-family dwelling, and shall be limited to private camping trailers, boats and boat trailers, garden tractors and implements, automobiles, motorcycles and motorbikes, except as otherwise provided below. Such storage shall comply with the following requirements:

(a) outdoor storage shall be permitted in the side and rear yard.

(b) The item as stored shall not exceed six (6) feet in height.

(c) The item shall be screened with a fence or screening hedge so that such item is not visible from any abutting residential property or street.

(d) Any items stored in the side yard shall not be permitted closer to the side lot line than the side yard setback requirements for a principal building on the same lot.

(e) Any of the permitted items enumerated in 190124E(l) that exceed a height of six (6) feet, as well as any pickup or panel truck, mobile home, bus, van used for commercial purposes or recreation vehicle, may be stored on any residential lot only if such item shall be kept in an enclosed garage on such lot; provided, however, that the parking of any recreational vehicle outside a garage for up to five (5) separate or consecutive days during a calendar year shall be permitted.

(2) Outdoor storage of any kind is prohibited in the R-1A, R-2A, R-4, R-5 and R-7 zones, except for a legal one family detached or two-family dwelling.

(3) Nothing contained herein shall be construed as prohibiting parking of passenger vehicles used by the occupant for day-to-day activities,, provided that such vehicles have side windows and are parked on the driveway. Trucks parked overnight shall be garaged.

(4) In all nonresidential zones, no article, equipment, vehicle, supplies or material shall be kept, stored or displayed outside the confines of any building unless and until the following regulations are complied with, except that outdoor cafes licensed by the Village and permitted by this chapter shall be exempt from the following requirements to the extent such exception is required to carry out the outdoor cafe business:

(a) outdoor storage is only permitted in the side and rear yards.

(b) Any items stored in the side yard shall not be permitted closer to the side lot line than the side yard setback requirements for a principal building on the same lot.

(c) Outdoor storage shall be screened by special planting or fencing, maintained in good condition, so that items being stored shall not be visible from any adjacent property or public street.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 3242.

(d) Any fence required to screen the outdoor storage of flammable material otherwise permitted by this chapter shall not be closer than twenty (20) feet to any property line of the lot upon which it is erected.

(5) Where otherwise permitted by this chapter, the display of new and used motor vehicles for retail sales as a permitted accessory use in the B-2 and C zone districts shall not be required to be screened by a planting or fence, except where the premises for such permitted use abuts or faces any premises situated in any residential zone.

F. Fences, freestanding walls and retaining walls.

The following regulations apply to fences, freestanding walls and retaining walls:. In addition, enclosures for swimming pools and hot tubs shall be required to comply with the requirements of Chapter 251, Swimming Pools, and by the Uniform Construction Code of the State of New Jersey, in addition to the following regulations. In case of conflict between this subsection and Chapter 251 or Uniform Construction Code of the State of New Jersey, the more restrictive requirement shall apply.

(1) Fences and retaining walls shall be permitted in front, side and rear yards. Unless required to be located in the front yard by this chapter for buffers or screening purposes, freestanding walls shall be permitted only in the side and rear yards, except that sitting walls and walls that are designed as a planter, either of which do not exceed a height of 24 inches, shall be permitted in the front yard.

**Webmasters Note: Subparagraph (1) has been amended by Ordinance No. 3343, effective July 3, 2012.

(2) Minimum setback. The required setbacks for fences and walls shall be as follows:

(a) Fences and freestanding walls may abut property lines without any setback required. Retaining walls may abut the front property line only without any setback required.

(b) The exposed face of retaining walls shall be set back from any side or rear lot line a horizontal distance not less than one foot for each foot of height of the retaining wall. For, walls located 5 feet or less from the property line, the required setback shall be based upon the height of the retaining wall above the ground level at the property line. For other walls, the required setback shall be based upon the height of the retaining wall above the finished ground level at the base of the wall.

(c) In the case of multiple retaining walls, the exposed face of each wall shall be set back from the exposed face of each other wall a horizontal distance not less than one foot for each foot of height of the higher retaining wall. The required distance between walls shall be based upon the vertical difference between the top of the all above and the top of the wall directly below. In the case of walls of varying height, the setback at any point shall be based upon the height of the wall at the same point.

(d) For purposes of determining the required minimum setback, the height of any fence or other barrier located at the top of a retaining wall shall be included within the height of the retaining wall unless such fence or other barrier is set back from the face of the wall a horizontal distance not less than one foot for each foot of height of the barrier or the retaining wall, whichever is greater, measured from the finished grade at the base of the barrier and wall, respectively.

(3) Maximum height. The maximum permitted height of fences, freestanding walls and retaining walls shall be as follows:

(a) The height of fences and freestanding walls accessory to single-family detached dwellings, two-family dwellings, community shelters and residences, and any other uses that are subject to the same requirements as the foregoing uses, shall not exceed four feet; provided, however, that a height of up to six feet shall be permitted for such fences and freestanding walls if all of the following conditions are complied with:

[1] The fence or freestanding wall is located at or near a property line that abuts a property developed primarily with a nonresidential use, multifamily dwelling or single-family attached dwelling.

[2] The fence or freestanding wall is located in the side and/or rear yard of the subject property.

(b) The height of feces and freestanding walls accessory to single-family attached dwellings, multifamily dwellings and nonresidential uses shall not exceed four feet, unless such fence or freestanding wall is required by § 190-94D and approved by the Planning Board or Board of Adjustment and is located within the side or rear yard in which case the height shall not exceed six feet, except as may be provided otherwise by this chapter. In addition, a height of up to six feet shall be permitted for fences and freestanding walls that are accessory to single-family attached dwellings and multifamily dwellings if all of the following conditions are complied with:

[1] The fence or freestanding wall is located at or near a properly line that abuts a property developed primarily with a-nonresidential use.

[2] The fence or freestanding wall is located in the side and/or rear yard of the subject property:

(c) The height of retaining walls shall not exceed four feet,, measured from the finished ground level at the base of the wall. In the case of multiple retaining walls, the following shall apply:

[1] The height of any individual wall shall not exceed four feet.

[2] The height of any wall located uphill from a lower wall shall be measured from the top of the lower wall, unless the exposed faces of the two walls are separated by a horizontal distance equal to or greater than the elevation difference between the tops of the two walls. In the latter case, the height of the uphill wall shall be measured from the finished ground level at the base of the wall.

[3] The total height of all walls combined shall not exceed 12 feet within a horizontal distance of 20 feet. The 12-foot height shall be measured from the finished ground level at the base of the lowest wall within 20 feet.

(d) In determining the height of fences, freestanding walls and retaining walls, the following shall apply:

[1] For fences and walls that are not uniform in height along the top of the fence, the height shall be measured to the highest point of the fence, except as provided otherwise herein.

[2] Notwithstanding the maximum height limitations applicable to fence and walls herein, fence posts and gates may exceed the maximum permitted fence height by up to one foot.

[3] For fences and walls located on sloping ground, the height shall be measured from the ground directly below the point of measurement.

[4] The height of fences and freestanding walls shall be measured as set forth in § 190-119D(6).

[5] In the case of fences, guard rails or other barriers located at the top of retaining walls, the combined height of the barrier and the retaining wall shall not exceed the permitted height for either fences or walls, unless the barrier and wall are separated as provided in Subsection F(2)(d) above.

**Webmasters Note: The previous subsections, (1) through (3), have been amended as per Ordinance No. 3120.

(4) Sight distance. No fence, freestanding wall or retaining wall shall be located on any property in any way which interferes with necessary safe sight distance for either operators of vehicles or pedestrians at intersections of streets, driveways, access aisles for parking or loading areas, and/or sidewalks, or which interferes with necessary safe sight distance along horizontal curves of streets. The following shall apply:

(a) The Village Engineer shall be responsible for determining the appropriate sight distance in each case, and shall take into account the horizontal alignment of traveled ways, topographical conditions, the normal speed of travel, the presence of existing visual obstructions, and other such characteristics that they may deem appropriate.

(b) Notwithstanding the permitted height, location and design of fences, freestanding walls and retaining walls set forth in this chapter and in other regulations, the Village Engineer may require more stringent requirements as may be necessary to ensure safe sight distance.

(5) Safety barriers. The reviewing authority may, in appropriate instances, require a guard rail or other restraining device at the top of retaining walls if deemed necessary or advisable to protect persons, vehicles or equipment from falling off the wall.

(6) Materials and construction. The following standards shall apply to the materials and construction of fences and walls.

(a) In the event that both sides of a fence or freestanding wall are not identical, the finished or preferred side shall be required to face the street and/or abutting properties, as applicable. For purposes of administering this provision, the "finished or preferred" side shall be that side which best conceals the fence posts, rails and other supporting parts, and/or which is painted, stained or otherwise treated when only one such side is so treated.

(b) Walls shall not be faced with unfinished, painted or stained poured concrete, concrete block or cinder block, unless the same is textured to simulate natural stone or is split-face block.

(c) Fences located within the front yard shall not be more than 60% solid, unless required by this chapter for buffers or screening purposes, in which case fences may be completely solid. The measurement of solidity shall be made perpendicular to the side of the fence. In addition, fences located within the front yard shall not be more than six inches thick.

**Webmasters Note: Subparagraph (6)(c) has been amended by Ordinance No. 3343, effective July 3, 2012.

(d) Fences, freestanding walls or retaining walls that may present a danger or hazard to the public welfare, including but not limited to fences or walls, which are electrified, contain broken glass, razor wire or barbed wire, or other sharp edges, are prohibited.

(7) Swimming pool enclosures shall be required to comply with § 251-17, in addition to the provisions of this subsection not in conflict with § 251-17.

(8) Recreational facility enclosures other than swimming pool enclosures shall be required to comply with § 190-124G(4), notwithstanding the provisions of paragraphs (2) and (3) above.

**Webmasters Note: The previous subsection, F., has been amended as per Ordinance No. 2818.

G. Recreational facilities for residential uses. Recreational facilities basketball courts, handball courts, paddleball courts, platform tennis courts, racquetball courts, tennis courts, and similar recreation facilities accessory to residential uses and designed to serve the residents on the premises, when permitted, shall comply with the following requirements. Notwithstanding the above, basketball equipment which utilizes a permitted driveway on the lot as the play surface is permitted in the same zone districts as the foregoing recreational facilities, but is not subject to the following requirements; provided, however, that such equipment shall be set back from any property line a distance equal to or greater than the height of the equipment above grade. [Amended 5-13-96 by Ord. No. 2565]

(1) The recreational facilities shall be permitted only in the rear yard.

(2) Notwithstanding any other provision of the specific zone regulations to the contrary, the total coverage by improvements, including said recreation facilities, shall not exceed forty percent (40%) of the rear yard area.

**Webmasters Note: The previous subparagraph (2) has been amended as per Ordinance No. 2670.

(3) The recreational facility shall not be closer than fifteen (15) feet from any side or rear property line or twenty-five (25) feet from any principal structure on any abutting lot, whichever is greater. On corner lots, the recreational facility shall be set back from the side street a distance at least equal to the front yard setback requirement of the zone district in which the subject lot is located or to the established front yard setback of the lot adjacent to the rear lot line of the lot on which the recreational facility is located, whichever is greater.

(4) The maximum height of the fence enclosure, if there is one, shall be ten (10) feet from ground level. Fence enclosures shall be of chain link construction and must include a top rail.

(5) No artificial lighting is permitted.

(6) In addition to the enclosure fencing, if any, the recreational facility shall be screened from adjoining property and from view from the adjoining streets by the installation and maintenance of landscape plantings of sufficient density, at least six (6) feet in height.

H. Playhouses, tree houses and similar temporary recreational structures for children.

Playhouses, tree houses and similar temporary recreational structures for children, when permitted, shall comply with the following requirements:

(1) The structures are only permitted in the rear yard.

(2) The structures shall comply with the provisions regulating accessory structures in §190- 119C(I).

(3) The structures shall not contain a gross floor area greater than sixty-four (64) square feet.

(4) The height of the structures shall not exceed ten (10) feet measured from the floor to the ridge line or highest point of said structure nor twenty (20) feet above the ground.

(5) The structures shall be located at least twelve (12) feet from any principal building situated on the same lot.

(6) The structures shall not be erected without first obtaining a building permit which will permit the construction and occupancy for a three (3) year period to commence at the date of issuance. The occupancy permit may be renewed for additional three (3) year periods after application to and inspection by the Director of Building and Inspections.

I. Gasoline storage tanks and related equipment. Gasoline storage tanks of any type and pumps and equipment related thereto shall be permitted as an accessory use only in the B-2 and C Commercial zone districts. Each such installation must comply with the provisions of § 190- 123A(9) and (10) and § 190-124D(6) and (7), as applicable, as to location.

J. Security gates. Folding gates and screens or movable tracked doors and similar nighttime guards on store fronts or other nonresidential buildings for the purposes of night security are prohibited. Existing folding gates, screens or movable tracked doors and similar nighttime guards as hereinabove referred to are hereby designated objectionable nonconforming structures and are required to be removed by the owner or occupant of said structure within one (1) year from the date of adoption of this amendment.

K. Awnings. Awnings, where permitted, shall comply with the following regulations:

(1) No awning shall extend from the wall of the building to which it is attached more than eight (8) feet.

(2) No awning shall extend over a public sidewalk more than four (4) feet.

(3) All awnings shall be made of fabric material such as canvas, exclusive of the structural members, and shall be retractable with a mechanism fully capable of being operative on a daily basis if needed.

(4) The bottom of any part of any awning shall be no closer than seven (7) feet from the grade below the awning.

L. Canopies and marquees. Marquees shall be prohibited in the Village, except as accessory to a movie theater. Canopies and marquees, where permitted, shall comply with the following regulations:

(1) Canopies shall not extend more than eight (8) feet from the wall of a building.

(2) Canopies shall not extend over any sidewalk area within the street right-of-way.

(3) No canopy shall be constructed closer than twelve (12) inches to the curb line of the street.

(4) No canopy or marquee shall extend past any setback line affecting the building to which it is affixed. This prohibition shall not apply to retractable types of awnings.

M. Exterior air conditioning equipment. Air conditioning equipment located outside of a building, except for temporary window mounted equipment, shall be subject to the following regulations:

(1) The installation of exterior air conditioning equipment shall require the issuance of a zoning permit.

(2) Air conditioning equipment in the front yard shall comply with the minimum required front yard setback for principal buildings, and shall be screened from the view of adjacent properties and streets.

(3) Air conditioning equipment in the side or rear yard shall be set back at least ten (10) feet from any residential property line.

N. Amateur radio stations. Amateur radio stations shall be permitted as an accessory use to all permitted residential principal uses in the Village, subject to the following requirements:

(1) The applicant shall obtain a zoning permit from the Zoning Officer, which shall include submission of adequate plans and supporting materials to demonstrate compliance with this chapter and with all other applicable codes and regulations.

(2) The applicant, who shall reside at the premises in question, shall submit a valid current amateur radio operators license from the Federal Communications Commission. Such license must be maintained at all times that the antenna and supporting structures are installed. License renewals shall be filed with the Zoning Officer. If at any time the license expires and is not renewed, or the licensee no longer resides at the premises, the antenna and any supporting structures shall be removed within thirty (30) days of such license expiration or change of residency.

(3) No more than one (1) amateur radio station shall be permitted on a lot or accessory to a dwelling.

(4) The height of the antenna and any supporting structures shall not exceed 45 feet, such height to be measured as set forth in § 190-119D(6). In determining the height of the antenna and supporting structures, the extended height shall be used for antennas which use a telescoping or extendible design.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 3120.

(5) If freestanding or mounted on any structure other than a roof of the principal building, all parts of the antenna and supporting structures shall be located only in the rear yard and shall be set back from any property line a distance equal to or greater than the height of the antenna and supporting structures.

(6) If mounted on the roof of the principal building, the antenna and supporting structures shall be set back from the building facade a distance equal to or greater than the height of such antenna and related structures above the elevation of the building where the antenna and related structures are mounted, or as required by the Construction Code, whichever is more restrictive. The antenna and supporting structures shall also be located so as to minimize the view of same from any street, as determined by the Zoning Officer.

(7) If the station is capable of exceeding 50 watts of transmitting power (aka peak envelope power), the applicant shall be required to demonstrate that all applicable regulations concerning electromagnetic radiation shall be complied with.

(8) Variances from the foregoing regulations may be granted by the Planning Board or Zoning Board of Adjustment, as applicable, provided the applicant demonstrates that such variance is necessary to reasonably accommodate adequate amateur radio communications while balancing the legitimate community interests of esthetics and safety, in accordance with PRB-l of the Federal Communications Commission, 101 FCC 2d 952 (1985) and 47 CFR 97.15(e)

O. Antennas accessory to principal use. Antennas which meet the definition of accessory building or structure in § 190-3 are permitted in all zone districts as an accessory structure, subject to the following regulations; provided, however, that this subsection shall not apply to cellular telecommunications antennas and amateur radio stations, which are regulated by § 190- 123E and § 190-124N, respectively. The following requirements are intended to reduce the negative visual impacts from antennas and to provide for public safety. Notwithstanding the foregoing, the Planning Board or Zoning Board of Adjustment, as applicable, shall in any appeal balance the objectives sought by the requirements against the extent to which the regulations materially limit transmission or reception by the antenna or imposes more than a minimal cost on the antenna owner.

(1) Exemption of certain antennas from regulations. Pursuant to the 1996 ruling of the Federal Communications Commission (F.C.C.), the following antennas are exempt from the provisions of this chapter:

[a] A transmission satellite dish no greater than one (1) meter (39.37 inches) in diameter.

[b] A receive-only satellite dish greater than one (1) meter (39.37 inches) and less than or equal to two (2) meters (78.74 inches) in diameter and located in a non-residential zone district.

[c] A transmission satellite dish no greater than two (2) meters (78.74 inches) in diameter and located in a non-residential zone district.

(2) Limited applicability of regulations involving certain antennas. Pursuant to the 1996 ruling of the Federal Communications Commission (F.C.C.), the provisions of this chapter shall apply to the following antennas only to the extent such provisions do not impair the installation, maintenance or use of such antennas. The determination regarding such impairment shall be made by the Zoning Officer, and may be appealed in accordance with the procedures set forth in § 190-29.

[a] Antennas designed to receive direct broadcast satellite service (DBS), including direct-to- home satellite service, and no greater than one (1) meter (39.37 inches) in diameter.

[b] Antennas designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services (MMDS), instructional television fixed services, and local multipoint distribution services, and no greater than one (1) meter (39.37 inches) in diameter or diagonal measurement, provided that if such antennas are located on a mast, the mast is twelve (12) feet or less in height.

[c] Antennas designed to receive television broadcast signals (TVBS); provided that if such antennas are located on a mast, the mast is twelve (12) feet or less in height.

(3) Freestanding antennas. The following requirements shall apply to freestanding antennas regulated by this Subsection O:

[a] No lot may contain more than one (1) freestanding antenna.

[b] Freestanding antennas shall only be permitted in the rear yard.

[c] Freestanding antennas shall be effectively screened by a special planting screen or fence as determined by the reviewing authority to be necessary to minimize the view of the antenna from any adjacent property or public street.

[d] Freestanding antennas shall be set back from all lot lines a distance equal to or greater than the height of the antenna.

[e] The height of a freestanding antennas shall not exceed forty-five (45) feet above the ground at the base of the antenna, exclusive of any filling, berming, mounting or excavating which alters the grade at the base of the antenna from the grade in the general vicinity of the antenna; provided, however, that the height of freestanding satellite dish antennas shall not exceed fifteen (15) feet above the ground.

[f] The diameter or diagonal dimension of freestanding satellite dish antennas shall not exceed one (1) meter (39.37 inches) in any residential zone district or two (2) meters (78.74 inches) in any nonresidential zone district.

(4) Roof-mounted antennas. The following requirements shall apply to roof-mounted antennas regulated by this Subsection O:

[a] If mounted on the roof of the principal building, the antenna and supporting structures shall be set back from the building facade a distance equal to or greater than the height of such antenna and related structures above the elevation of the building where the antenna and related structures are mounted, or as required by the Construction Code, whichever is more restrictive. The antenna and supporting structures shall also be located so as to minimize the view of same from any street, as determined by the Zoning Officer.

[b] The height of any roof mounted antenna shall not exceed the height of the roof by more than twelve (12) feet.

P. Roof-mounted equipment. Equipment mounted on the roof of a nonresidential building, including but not limited to heating, ventilating and air conditioning equipment, shall be subject to the following requirements:

(1) A zoning permit shall be required.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 3242.

(2) Such equipment shall be set back from the building facade a distance equal to or greater than the height of such equipment above the elevation of the building where the equipment is mounted, or as required by the Construction Code, whichever is more restrictive.

(3) The equipment shall be located so as to minimize the view of the same from any street or adjoining property and may be required, when appropriate, to be screened by materials that are the same or compatible with the building facade or roof materials, as determined by the Board or the Site Plan Exemption Committee, as applicable.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 3242.

(4) The Board or the Site Plan Exemption Committee, as applicable, may require, when appropriate, that detrimental impacts from noise, odors, smoke, etc., produced by the equipment be properly mitigated.

**Webmasters Note: The previous subsection has been amended as per Ordinance No. 3242.