Except as hereinafter provided, no building
or structure or part thereof shall hereinafter be erected, structurally
altered, enlarged or rebuilt except in conformity with the lot dimension,
yard, coverage, height and spacing regulations herein prescribed.
Any building or structure that does not conform to such regulations,
hereinafter referred to as the "building regulations" of this chapter,
shall be deemed a nonconforming structure, irrespective of the use
to which it is put. Building variances granted on grounds of practical
difficulties or undue hardship shall be deemed to be nonconforming
structures or uses.
A.
Frontage of through lots. On any through lot, the
front of such lot shall, for the purposes of this chapter, be considered
that frontage upon which the majority of the buildings in the same
block front, but in case there has been no clearly defined building
frontage established, the owner shall, when applying for a building
permit, indicate the shorter of the front lot lines to be the front
lot line.
[Amended 4-11-2005 by Ord. No. O-11-05]
B.
Front yards and future right-of-way lines. Where a
building lot has frontage upon a street which, on the Master Plan
or Official Map of the City of Rahway, is contemplated for right-of-way
line widening, the required front yard area shall be measured from
such proposed future right-of-way line.
C.
Front yards to face dedicated public street. All front yards must face on a dedicated public street or on a private street approved by the Planning Board or City Council, for at least 50 feet along the street line, except in the case of culs-de-sac, in which case the lot must face on said street for at least 40 feet. No building or use will be permitted on a lot unless that lot has frontage on a street that has been improved in accordance with minimum city standards or a street for which improvements satisfactory to the City Engineer have been guaranteed, either by cash or bond, or for which a permit has been issued in accordance with Chapter 53, Land Use Procedures.
D.
Obstructions at intersections. At the intersection
of two or more streets, no wall, fence, hedge or other structure shall
be erected to a height in excess of three feet above curb level, nor
any other obstruction to vision shall be permitted within the triangular
area formed by the intersecting street lines at points which are 25
feet distant from the point of intersection, measured along said street
line. Trees whose branches are trimmed away to a height of at least
10 feet above the curb level shall be permitted.
E.
Prevailing front yard setbacks. Where the prevailing
front yard setback on a street on which the property fronts is greater
than that required in the Schedule of Lot, Height and Yard Requirements[1] for that zone, the front yard setback required must be
consistent with the front yard setback for the immediately adjoining
properties. Should the prevailing front yard setback for one or both
of the immediately adjoining properties not be consistent, then the
prevailing front yard setback required must be consistent with the
prevailing front yard setback of a majority of the lots on the block
front along which the property is located.
[Added 8-10-1998 by Ord. No. O-39-98; amended 4-12-1999 by Ord. No. O-11-99]
[1]
Editor's Note: The Schedule of Lot, Height and Yard Requirements is included at the end of this chapter.
A.
Purpose. The following permitted modifications and
exceptions to the limitations imposed by this chapter are permitted
under the terms and specifications herein set forth.
B.
General modifications.
(1)
Height. The height limitations of this chapter shall
not apply to church spires, belfries, cupolas, penthouses and domes,
not used for human occupancy; nor chimneys, ventilators, skylights,
water tanks, bulkheads or similar features, and necessary mechanical
appurtenances usually carried above the roof level. Such features,
however, shall be erected only to such height as is necessary to accomplish
the purposes they are to serve. The provisions of this chapter shall
not apply to prevent the erection above the building height of a parapet
wall or cornice for ornamental purposes to screen mechanical appurtenances.
(2)
Area. A single-family dwelling may be constructed
in a district, where permitted, on any lot shown on a recorded subdivision
plot or any lot of official record at the time of enactment of this
chapter, provided that the owner of such lot does not now own any
adjoining lot or adjacent land and has not sold any adjacent land
after enactment of this chapter to create a nonconforming lot. Where
an existing nonconforming or conforming building and/or use is situated
or is to be situated on an undersized lot of record, improvements
or additions may be made without variance approval, provided that
the improvement or addition does not encroach on any front, rear or
side yard setback requirements and meets all other provisions of this
chapter. Where the owner of a lot of substandard size owns adjacent
lots or parcels of land, such lots or parcels shall be considered
as a single lot, and area and yard space provisions of this chapter
shall hold.
(3)
Cornices, eaves, chimneys and other projections. Cornices
and eaves, chimneys and bay windows shall not project more than two
feet over any required yard or court, except that no projection shall
be closer than three feet to a lot line. Any projection over two feet
shall be considered part of the principal building and shall conform
to all setbacks.
(4)
Sills and ornamental or structural features. Sills,
leaders, belt courses and similar ornamental or structural features
shall not project more than six inches into any required yard or court.
(5)
Porches and entries. For the purposes of determining
building setback, porches and entries, uncovered or covered, shall
be considered as part of the principal building and shall not project
into required yard areas if they are three feet or more in height.
(6)
Air conditioners. Central air conditioners and other
outdoor similar mechanical devices shall be set back the same distance
from property lines as principal buildings and shall be screened from
neighboring properties and public rights-of-way.
(7)
More than one principal building on a lot. In the
R-1 Low-Density Single-Family Residential and R-2 Medium-Density Single-Family
Residential Districts and the B-1 Neighborhood Business Zone, no more
than one principal building shall be permitted on a lot. Unless otherwise
provided for in this chapter, the Planning Board shall determine the
required distance between two or more buildings located on the same
lot.
(8)
Chimneys; roof structures. Chimneys (other than chimneys
for central heating plants), elevator penthouses, flues, ventilators,
skylights, towers, bulkheads, water tanks or towers, cooling towers,
and all other decorative features and necessary mechanical appurtenances
and similar features usually carried above the roof level, but excluding
telegraph, radio and television transmission or broadcasting antennas,
shall be exempt from the height provisions of this chapter, provided
that:
(a)
The aggregate area covered by all such features
shall not exceed 15% of the area on the roof of the building of which
they are a part.
(b)
The height of each such feature shall not exceed
15 feet or 30% of the permitted height, whichever is less, above the
level of such roof.
(c)
All such features shall be screened from public
view and shall be constructed, or enclosed within walls, of a material
and design deemed by the Planning Board to be in harmony with that
of the main walls of the building of which they are a part.
(9)
Decks. Decks located over pervious surfaces which
have a nail spacing of at least 1/8 inch between floor boards shall
not be counted as impervious surface cover for the purposes of determining
lot coverage.
(10)
Accessory buildings or structures. Accessory
buildings attached to a principal building shall comply with the setbacks
of the principal building. Detached accessory buildings shall comply
with the setbacks as permitted in each zone, except in no case shall
the accessory building be located in the front yard. Accessory buildings
or structures, when not attached to a principal building, shall be
set back from the principal building at least eight feet for single-family
residential uses, and at least 15 feet for all other uses.
