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ORDINANCE
NO. 9 - 2003 ORDINANCE
REGULATING HOME OCCUPATIONS AND OUTSIDE PARKING OF COMMERCIAL AND OTHER VEHICLES
AND AMENDING THE DEFINITION OF “COMMERCIAL VEHICLE” IN CHAPTER XII AND
PARAGRAPHS 21-4.4(d) AND 21-4.5(d) OF THE LAND USE ORDINANCE OF THE TOWNSHIP OF
MENDHAM.
BE IT ORDAINED BY THE TOWNSHIP COMMITTEE OF
THE TOWNSHIP OF MENDHAM, IN THE COUNTY OF MORRIS, NEW JERSEY, as follows:
SECTION 1. The definition of “commercial vehicle” in
Chapter XII of the Land Use Ordinance of the “COMMERCIAL
VEHICLE. All commercially licensed vehicles, all vehicles with business
identification signs or lettering, and all trucks, vans or other vehicles with a
gross vehicle weight in excess of three (3) tons.”
SECTION 2. Paragraph 21-4.4(d) of the Land Use Ordinance of
the “21-4.4(d)
Home occupation as defined in Chapter XII, General Definitions, provided that it
complies with the following standards: i.
The principal use of the premises shall be residential. ii.
The person engaged in such home occupation shall be a resident on the
premises. iii.
There shall be no nonresident partners, employees or helpers working on
the premises. iv.
The business of the home occupation is carried on wholly within the
completely enclosed residence building and does not occupy more than 500 square
feet of the floor area of the dwelling. v.
There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of such home occupation. vi.
No traffic or parking shall be generated by a home occupation in greater
volume than would normally be experienced in a residential neighborhood. vii.
No equipment or process shall be used in a home occupation which creates
noise, glare, fumes, odors, electrical interference or other nuisance factors
detectable from a neighboring property. viii.
One commercial vehicle may be parked out-of-doors (as permitted by
paragraph 21-4.5(d)), provided it is used solely for transportation by a person
residing on the premises. Except for that one commercial vehicle, any material,
equipment or commercial vehicles which might be used in the home occupation
shall be presumed to be related to the home occupation and may be stored only in
one accessory building which shall not exceed one story with a maximum height of
eighteen feet and 800 square feet of floor area and may have electricity, heat
and water, but no kitchen, toilet or septic facilities. ix.
The yard setbacks for the accessory building used for storage for a home
occupation shall be double the otherwise required yard setbacks.” SECTION 3. Paragraph 21-4.5(d) of the Land Use Ordinance of
the “21-4.5(d)
Storage and Parking of Commercial and Other Vehicles. Storage, parking or
keeping of commercial vehicles is permitted as an accessory use provided they
are kept in an enclosed building and are owned and operated by a resident of the
premises. One commercial vehicle may be kept out-of-doors, provided it is used
solely for transportation by a person residing on the premises. Except for one
commercial vehicle, no vehicle having a gross vehicle weight in excess of three
(3) tons, including, without limitation, dump trucks, bulldozers, backhoes,
tractors, trenchers, dumpsters and similar equipment, whether registered with
commercial or individual plates or unregistered, shall be stored or parked
outside of an enclosed building in a residential zone, unless such vehicle is
being used for a permitted construction activity on the property. If the vehicle
has not been operated or used on the property in connection with a permitted
construction activity for a consecutive period of fourteen (14) calendar days,
it shall be deemed as not being used on the property. This paragraph shall not
be deemed to allow the warehousing or garaging of vehicles in a manner which
would violate paragraph 21-4.4(d).” SECTION 4. This ordinance shall take effect after final passage and publication pursuant to law. |
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