§ 184-134. Requirements for residential accessory uses and structures., Article XIV. Accessory Uses, Buildings and Structures, Part 3. Zoning, Chapter 184. Land Use, Part II. General Legislation, Code of Ordinances, Fanwood

No detached private garage shall be closer than three feet from the rear or side property line, except where the detached private garage is on a street side yard, in which case it shall be no closer to the side property line than the established front yard depth pursuant to § 184-126D.

(1)

No detached private garage shall be closer than three feet from the rear or side property line, except where the detached private garage is on a street side yard in which case it shall be no closer than 30 feet from the side property line.

[Amended 6-14-2001 by Ord. No. 01-10R]

(2)

Detached private garages shall be limited to one story and shall have a peaked roof with a maximum pitch of no greater than one on one and shall not be larger than 500 square feet in the floor area. No premises shall have more than one detached garage, regardless of its size.

[Added 6-14-2001 by Ord. No. 01-10R]

Sheds. Sheds, as defined in Article II, shall comply with the following:

(1)

Sheds shall be permitted only in the rear yard.

(2)

Sheds shall not be larger than 100 square feet in the floor area, nor greater than 10 feet in height and no premises shall have more than one shed, regardless of its size.

(3)

No shed shall be closer than three feet from the rear or side property line, except where the shed is on a street side yard in which case it shall be no closer than 30 feet from the side property line.

[Amended 6-14-2001 by Ord. No. 01-10R]

Gazebos. Gazebos are accessory structures and are subject to the provisions of this article. Gazebos shall comply with the following:

[Added 8-13-2002 by Ord. No. 02-18R]

(1)

Yard location. Gazebos shall be permitted only in the rear yard or in the side yard for corner lots.

(2)

Gazebos shall not be larger than 100 square feet in the floor area, nor greater than 12 feet in height and no premises shall have more than one gazebo, regardless of its size.

(3)

No gazebo shall be closer than 10 feet from any side or rear property line, except where the gazebo is on a side street yard, in which case it shall be no closer than 30 feet from the side property line.

Decks and patios. Decks and patios are accessory structures and are subject to the provisions of this article. The following specific requirements shall apply to decks and patios in all residential zones and accessory to any residential use in a nonresidential zone:

(1)

Yard location. Decks shall be permitted only in the rear yard.

[Amended 12-13-2001 by Ord. No. 01-22R]

(2)

Setback requirements. Decks and patios shall be set back from the side lot lines a distance equal to or greater than the distance required for principal buildings and shall be set back at least 25 feet to any rear lot line in the R-75 zone and 30 feet to any rear lot line in the R-150 zone.

[Amended 6-14-2001 by Ord. No. 01-10R]

(3)

Lighting. Artificial lighting shall be permitted; provided that any lighting shall be placed so as to eliminate the transmission of glare to adjoining properties or to adjoining streets and provided further that such lighting shall not be located higher than six feet above the elevation of the deck floor.

(4)

Subfloor areas. The space between the floor of the deck and the ground shall be screened with appropriate plantings or shrubbery or shall be covered with a skirt of lattice or other material so that open space between the deck and the ground, if any, is not visible. Skirts, lattices or appropriate screening shall have at least one inch and no more than three inches of ground clearance and shall provide a method of human access under the deck or raised patio.

Private swimming pools. Private swimming pools shall comply with the following:

(1)

Use. Private swimming pools shall be designed and intended only for the private use of the occupants of the premises and their guests as a swimming pool.

(2)

Where permitted. Private swimming pools are permitted only in the residential zone districts.

(3)

Location. Swimming pools shall be permitted only in the rear yard. The swimming pool shall not be closer than 15 feet from any side or rear property line. On corner lots, the swimming pool shall be set back from the side street line a distance at least equal to the street side yard setback requirement for a principal building or to the established front yard set back of the lot adjacent to the rear lot line of the lot on which the swimming pool is located, whichever is greater.

(4)

Lighting. Artificial lighting shall be permitted below the surface of the water and/or at a height not to exceed six feet above grade level and any lighting above grade level shall be placed so as to eliminate the transmission of glare to adjoining properties or to adjoining streets.

(5)

Other provisions of law. All other provisions of state law and Borough Code with respect to swimming pools shall be satisfied.

(6)

Exclusions. Hot tubs, wading pools, landscape pools and fish pools are not swimming pools and are not required to meet the specific requirements of this subsection, but are considered to be accessory uses and must meet all other applicable requirements of this article.

Hot Tubs. Hot tubs are required to meet all the general requirements for accessory uses as set forth in this section, provided the following additional requirements shall be satisfied:

(1)

Location. Hot tubs shall be permitted only in the rear yard. The hot tub shall not be closer than 15 feet from any side or rear property line. On corner lots, the hot tub shall be set back from the side street line a distance at least equal to the street side yard setback requirement for a principal building or to the established front yard set back of the lot adjacent to the rear lot line of the lot on which the hot tub is located, whichever is greater.

(2)

In the event a hot tub is located within or adjacent to a deck, the hot tub shall be required to comply with the requirements for decks.

(3)

In the event a hot tub is constructed as a freestanding structure, the hot tub shall be subject to the same setback requirements applicable to swimming pools.

(4)

Hot tubs installed outside a building shall have a hard permanent lockable cover which must be kept closed and locked when not in use.

Game courts. Game courts involving a ball in play, such as but not limited to private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts, basketball courts and similar recreational facilities are conditional uses and shall be subject to the following:

(1)

Location. the recreational facilities included in this subsection shall be permitted only in the rear yard.

(2)

Coverage by recreational facilities. Except as may be otherwise provided in this chapter, the total coverage by accessory buildings and above-grade structures in the rear yard shall not exceed 25% of the area of the rear yard. The foregoing coverage restriction shall not be construed as permitting the total coverage by buildings and above-grade structures or the total coverage by improvements on the lot to exceed the total coverage by improvements on the lot to exceed the maximum coverage permitted in the particular zone district or for the particular use, as applicable, or as excluding such coverage in the rear yard from the calculation of total coverage by buildings and above-grade structures on the lot, or as excluding such coverage from the calculation of total coverage by improvements on the lot.

(3)

Setback. The recreational facility shall not be closer than 15 feet from any side or rear property line. On corner lots, the recreational facility shall be set back from the side street line a distance equal to or greater than the street side yard setback requirement for a principal building, 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)

Enclosures. The height of the recreational facility enclosure, if there be one, shall not exceed 15 feet. In the event the enclosure is greater than six feet high, the enclosure shall comply with the setbacks applicable to recreational facilities in Subsection G(3) above. Enclosures shall be of open chain link construction, shall not include slats or coverings, and shall include a top rail.

(5)

Lighting. No artificial lighting is permitted.

Antennas. Antennas are permitted and regulated as set forth in §§ 184-136 and 184-138.

[Amended 12-13-2001 by Ord. No. 01-22R]

Other miscellaneous residential accessory uses and structures. The following regulations shall apply as specified:

(1)

Wading pools, sandboxes, trellises, seasonal temporary tents, dog houses, kennel enclosures, patios, grape arbors, permanent barbecue facilities, and other structures or uses customarily associated with residential uses shall all be set back from any property line at least five feet and shall not be located in the front or side yards; provided, however, that patios may be located in any side yard. Notwithstanding anything to the contrary set forth herein, temporary structures for religious services may be located in the front, side and/or rear yards, including but not limited to succahs and croaches.

(2)

Bocci courts shall not be located in the front or side yards and shall be at least five feet from any property line.

(3)

Playground equipment shall not be located in the front or side yard, shall be no higher than 15 feet above the ground, and shall be at least five feet from any property line.

(4)

Air conditioners and heat pumps, or portions thereof, which are not mounted in the window or walls of a building or structure but are placed upon the ground or on a ground-based platform outside of a structure or building may not be located in the front yard. Such structures shall be at least five feet from any property line. Any ground level air conditioner, compressor, and/or heat pump shall be screened.

(5)

Flag poles shall not be higher than 45 feet and shall be set back at least 10 feet from any property line and the principal structure on the lot.

(6)

Basketball backboards may be fastened to the house. Movable backboards shall not be positioned in such a manner to interfere with either pedestrian or vehicular traffic. No basketball backboards shall be located anywhere but on the individual owner's property and not in the public right-of-way.

(7)

Mailboxes; artwork, gate posts; portable barbecues and planters shall be exempt from the provisions of this article and any other provision of this chapter.

(8)

Skateboard ramps. Any structure or ramp designed for use with skateboards, whether on a temporary or permanent foundation, is prohibited in all residential zone districts.

(9)

Generators, setback requirements. Generators shall be set back from the side lot lines a distance equal to or greater than the distance required for principal buildings and shall be set back at least 25 feet to any rear lot line in the R-75 Zone and 30 feet to any rear lot line in the R-150 Zone. Any ground level generator shall be screened by an attractive and appropriate wall, fence or planting of appropriate height and density to obscure the generator from view of adjacent properties, which screening shall be subject to the approval of the Zoning Officer. Generators shall not be located in the front or front side yard on corner properties.

[Added 3-19-2013 by Ord. No. 13-02R]

Editor’s Note: This ordinance also redesignated former Subsection I(9) as Subsection I(10).

(10)

Other uses and structures. The Zoning Officer shall determine the applicability of this chapter to accessory uses and structures for residential use which are not specifically regulated herein.