Zoning Requirements

MUNICIPAL ZONING PERMIT REQUIRED FOR SHEDS, RETAINING WALLS, FENCES & DRIVEWAY, WALKWAY, OR PATIO EXPANSIONS

In general:

  • Sheds or similar structures 200 square feet or less in area and 10 feet or less in height require a zoning permit.
    • Sheds in excess of the stated dimensions require a State of NJ construction permit.
  • Retaining walls four feet or less in height require a zoning permit.
    • Retaining walls in excess of 4 feet in height require a State of NJ construction permit.
  • Fences six feet or less in height, and not involving a swimming pool, require a zoning permit. Fences protecting a swimming pool or similar item require a State of NJ construction permit. Fences more than six feet in height are generally prohibited.
  • Any Expansion (minor or otherwise) to an existing driveway, walkway, or patio, regardless of material used, requires a zoning permit.

Please consult with staff for additional particulars regarding all of the above items. A separate Zoning Permit application is needed for each applicable item contemplated. Each application must be accompanied by a $50 fee (non-refundable) and must include a current property survey.  Zoning Permit applications and Construction Permit applications may be obtained from the Construction/Zoning/Engineering Department located on the second floor of Borough Hall. Once submission is complete, review and approval / denial of a Zoning Permit application typically takes approximately 7-14 days.


Residential Uses:
Accessory structures such as sheds, pools, and gazebos require certain setbacks from property lines and may also require a building permit. Call the Zoning Department for information. The Borough of Mountainside's property maintenance ordinance requires: 1) The exterior of dwellings be maintained and painted; 2) Premises be kept free from debris, overgrown grass and weeds, the storage of old parked vehicles, and parts and abandoned appliances. The parking of recreational vehicles and commercial vehicles is prohibited unless in an enclosed garage or shielded from view.

Commercial Uses:
A Certificate of Occupancy is required prior to the occupancy and commencement of new businesses, office tenants, warehouses and industrial uses.  The fee is $241.  Inspections from Fire, Building, Plumbing and Fire Subcodes are required to occupy the premise.  Applications are available in the Building/ Zoning Department.

Zoning Requirements:

Residential 1 Zoning
Minimum Lot Area 20,000 Square Feet
Minimum Lot Width 110 ft.
Front Yard Setback 30 Ft.
Rear Yard Setback 30 Ft.
Side Yard Setback 10% of lot width or 10 ft. min
Maximum Ground Projections 3.75% of lot 
Residential 2 Zoning / R-2 Calculation Sheet
Minimum Lot Area 15,000 Square Feet
Minimum Lot Width 100 Ft.
Front Yard Setback 30 Ft.
Rear Yard Setback 30 Ft.
Side Yard Setback 10% of lot width or 10 ft. min
Maximum Building Height 35 Ft.
Maximum Floor Area Ratio .225
Maximum Building Footprint (foundation area) 15% of lot area
Max. Ground Projections (porches, decks & roof overhangs) 3.75% of lot
Max. Lot Coverage
(above & driveways, walkway, patios, other impermeable surfaces)		 30% of lot
Business
Minimum Lot Area 3,000 Square Feet
Minimum Lot Width 30 Ft.
Front Yard Setback 5 Ft.
Rear Yard Setback 30 Ft.
Side Yard Setback 10 Ft. on each side
Maximum Ground Projections None
Limited Industrial
Minimum Lot Area 26,000 Square Feet
Minimum Lot Width 125 Ft. or 200 Ft. along Route 22
Front Yard Setback 30 Ft./ 50 Ft. on Route 22
Rear Yard Setback 30 Ft.
Side Yard Setback 15 Ft.
Maximum Building Projections 35% of lot area
Maximum Lot Coverage 75% of lot area
Office Building  
Minimum Lot Area 30,000 Square Feet
Minimum Lot Width 150 Ft. or 200 Ft. along Route 22
Front Yard Setback 50 Ft.
Rear Yard Setback 50 Ft.
Side Yard Setback 25 Ft. or 50 ft. near residence
Maximum Building Projections 35% of lot area