No residential lot shall have erected upon it more than one
residential building, except as otherwise specifically authorized
in this Part 6.
Height limitations stipulated elsewhere in this Part 6 shall not apply to the following when attached to the principal structures: chimneys, church spires, belfries, domes, cupolas, flagpoles, monuments, fire towers, cables, or water tanks, elevator housing and similar structures, and no such exception shall cover at any level more than 10% of the area of the roof on which it is located, and further provided that no such structure shall extend more than 40 feet in height above the height of the principal structure, except as may be otherwise specifically provided in this article. All freestanding structures shall be considered as accessory structures and shall meet the height requirements as set forth in the zoning district regulations, except that freestanding lighting structures shall not exceed 16 feet in height in any zone.
An accessory building attached to the principal building shall
comply in all respects with the requirements of this Part 6 applicable
to the principal building.
An accessory building in a residential district or in a private
parking area shall not be located in any required front yard space.
Accessory buildings in residential districts shall not exceed
one story or 15 feet in height, except barns for agricultural use
where permitted.
Only accessory structures shall be located in the rear yard
in accordance with the provisions of this Part 6.
In residential districts, the minimum distance of any accessory building other than a garage from an adjacent building shall be 10 feet. Garages shall comply with § 310-137.
Storage sheds, not exceeding 100 square feet in area and 10
feet in height, of the type which do not require the issuance of a
building permit under the New Jersey Uniform Construction Code, may
be located in accordance with the district requirements for accessory
buildings unless, by agreement, adjoining owners locate a single structure
or abutting structures which straddle the property line.
[Amended 3-17-2016 by Ord. No. 05-16]
Principal structures in residential districts shall not exceed
35 feet in height. Accessory buildings may not exceed a total of 625
square feet in floor area. Accessory building shall be limited to
two such buildings per lot. Storage sheds shall not exceed 200 square
feet in area. Swimming pools are not considered accessory structures
for purposes of calculation of lot coverage.
Garages may be constructed in accordance with the following
criteria:
A.
One private garage may be erected upon a lot containing a principal
building.
B.
No detached garage shall be erected unless all of the following conditions
are observed:
C.
Any private garage shall be limited only to any of the following
stated uses:
The minimum lot width required shall be measured at the required
street setback line and shall be maintained for an additional 40 feet
toward the rear of the lot on a line perpendicular to the setback
line. On culs-de-sac and irregularly shaped lots, the minimum frontage
at the property line may be less than the minimum width required but
in no case less than 50% of the minimum required lot width.
A.
A sight triangle shall be maintained at all street intersections, in accordance with the requirements of § 310-89A(7).
B.
Side yard. The exterior side yard of a corner lot shall be the same
as the front yard requirement of the residences fronting on the side
street.
C.
Additional width. Corner lots shall have a minimum width 25% greater
than interior lots.
[1]
Editor's Note: Former § 310-140, Measurement of
building height, was repealed 3-17-2022 by Ord. No. 04-22.
Mechanical appurtenances such as condensers, exhaust fans and
similar equipment are exempt from height limitations, provided they
do not exceed 10% of the roof area, are not more than eight feet above
the height limitation for the zone in which the building is located,
and further provided that they are screened or shielded.
Any use not specifically designated as a principal permitted
use, a permitted accessory use or a conditional use is specifically
prohibited from any zone district in the Township of Mine Hill.
A.
Regulations with respect to height, safety, location and type.
(1)
No permanent fence or wall shall be constructed, erected or
maintained in any residence district (zone) within the Township which
exceeds six feet in height.
(2)
Limitations on fences and walls in residential districts.
[Amended 11-21-2022 by Ord. No. 16-22]
(a)
A fence or wall shall not exceed four feet in height if located
either in the front of or on the portion of the sidelines parallel
to the rear foundation wall of the principal structure. A closed fence
is not permitted within this portion of the property. A "closed" fence
shall mean any fence with more than 50% of its width composed of solid
material, equally distributed throughout its entire width (length).
In the case of a lot fronting on more than one street, these requirements
shall apply only to the street in which the front of the structure
faces.
(b)
Any fence or wall shall comply in all respects to the sight
triangle provisions of this chapter concerning visibility at street
intersections and shall be at least 10 feet off the curb or outside
the right-of-way of each street, whichever is greater. In the case
of a lot fronting on more than one street, this setback requirement
shall apply to each street.
(c)
Combining a fence and a wall which together exceed the applicable
height limitation is not permitted.
(3)
All fences or walls shall be located a minimum distance of six
inches from any property line.
(4)
All fences and walls shall be constructed in such a manner so
as to be structurally sound and safe and able to withstand wind, snow,
and other weather conditions and hazards. Where appropriate because
of the height and type of fence involved, the fence shall be supported
by adequate footings and/or other acceptable methods of support satisfactory
to the Construction Code Official of the Township to assure structural
stability and safety.
(5)
All fences and walls shall be uniform in construction and appearance
and shall be properly maintained so as not to be unsightly or in any
way offensive or detrimental to adjoining or nearby properties and
property owners.
(6)
No fence or wall six feet or less in height shall require a
building or construction permit. All other fences or walls shall require
issuance of a building (construction) permit by the Construction Code
Official of the Township. Additionally, any fence or wall in excess
of six feet, where permitted in nonresidential districts (zones),
shall also require site plan approval from the Township Planning Board
in accordance with the site plan review requirements of this chapter.
[Amended 5-5-2016 by Ord.
No. 09-16]
(8)
Fences or walls used to enclose private in-ground swimming pools
shall be not less than four feet nor greater than six feet in height.
Such fencing shall be of chain link, solid picket (stockade) or similar
solid-type construction with no space between adjacent fence components
of more than six inches.
(9)
Except as otherwise provided herein, in nonresidence districts
(zones), fencing in connection with commercial or industrial uses
shall not exceed 10 feet in height.
(a)
Where fencing in residence or nonresidence districts is intended
as a security measure in order to enclose potentially hazardous conditions,
such as, but not limited to, mining hazards, electrical supply stations
or dangerous bodies of water, natural or man-made, the fence or wall
shall not be less than seven feet in height and shall be designed
and constructed to prevent climbing or unauthorized entry by use of
three strands of barbed wire along the top of the fence, or by other
acceptable means approved by the Construction Code Official. Metal
fences, when used to enclose electrical supply stations having energized
electrical conductors or equipment, shall be effectively grounded.
(b)
Where outdoor storage of solid wastes is permitted by the zoning
regulations of the Township, and subject to all controlling sanitary
and health laws and regulations, all such solid waste storage areas
shall be enclosed by solid fencing which shall be opaque in nature.
(c)
Where fences are erected along property lines in residential
districts (zones) or in nonresidential districts adjacent to a residential
district or property used primarily for residential purposes, the
finished side of the fence shall face the adjoining property.
B.
Existing fences and walls. Any fence or wall existing at the time
of passage of this section which may violate this section with respect
to the height or type of fence or wall, shall be permitted to remain
without change; provided, however, the fence is of sufficiently sound
construction and is adequately supported so as to be able to withstand
wind, snow, ice and other weather conditions and hazards. Any nonconforming
fence shall not be extended or enlarged, or rebuilt in the event of
damage or destruction, except in accordance with the requirements
of this section; provided, however, any such nonconforming fence need
not meet the requirements of this section (except with respect to
sound construction) if the area of fencing being extended, enlarged
or rebuilt is not in excess of 25% (in length) of the fence as it
existed at the time of the adoption of this section.
[1]
Editor's Note: This section was originally adopted by Ord.
No. 259-80 as Ch. IX, Sec. 9-3, of the 1986 Revised General Ordinances
but was relocated to this chapter at the request of the Township.
