A. 
No building or structure shall be erected and no existing building or structure shall be moved, altered or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.
B. 
No building, structure, equipment or material stockpile shall be erected, reconstructed, structurally altered or stacked to exceed in height the limit designated for the district in which such building, structure, equipment or material stockpile is located unless specifically excluded from the height limit by this chapter.
C. 
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity to the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
D. 
No yard or other open space provided for any building for the purpose of complying with the provisions of this section shall be considered as providing a yard or other open space for any other building on any other lot.
E. 
No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.
F. 
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this section; and if already less than the minimum required by this chapter, said area or dimension shall not be further reduced.
G. 
The maximum floor area ratio or impervious surface coverage set forth in the district regulations shall not be exceeded or, if already more than the maximum, shall not be further increased.
A. 
Nonconforming lot. See § 185-4 and Article XVII.
B. 
Lot width. The minimum lot width of any lot shall be measured at the street line and at the required front yard setback line as required for the zone in which it is located except for lots on culs-de-sac and flag lots, which shall have a minimum width of 50 feet at the street line and except as may be permitted elsewhere in this chapter.
[Amended 6-1-2004 by Ord. No. 2004-4]
C. 
Corner Lots. The required front yard shall be maintained on both streets except as permitted in Subsection A above.
D. 
Through lots. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this section. Where a lot is bounded on three or more sides by roads, the side opposite the front yard shall be considered the rear yard and the minimum rear yard setback shall be maintained. The remaining frontage shall be considered side yard, but the front yard setback shall be maintained for the side street.
E. 
Number of buildings restricted. There shall not be more than one principal structure on each lot in any MIDD District or in the R-3 District.
[Amended 10-20-1998 by Ord. No. 98-6; 6-1-2004 by Ord. No. 2004-4]
F. 
Where a lot becomes nonconforming as to area or depth as a result of additional required road widening dedication, the lot may nonetheless be utilized for any purpose permitted in the zone.
A. 
Height limitations stipulated elsewhere in this chapter shall not apply to the following when attached to the principal structures: spires, belfries, cupolas and domes, monuments, chimneys, flagpoles, private radio and telephone antennas, fire towers, tanks, water towers and standpipes, except that spires, belfries, cupolas and domes shall not be permitted to extend more than five feet above the standard height limitations as permitted in the R-3 Single-Family, Lakeside Residential District pursuant to § 185-31. All freestanding structures shall be considered as accessory structures and shall meet the height requirements as set forth in Schedule I,[1] except that freestanding lighting structures shall not exceed 16 feet in height in any zone.
[Amended 3-1-2011 by Ord. No. 2011-01]
[1]
Editor's Note: Schedule I, Area, Yard and Building Requirements, is on file in the office of the Zoning Officer.
B. 
Mechanical appurtenances such as condensers, elevator penthouses, exhaust fans, air-conditioning equipment and other similar equipment are exempt from height restrictions, provided that they do not extend more than 12 feet above the maximum height limitations, cover no more than 20% of the roof area and are properly shielded by a parapet wall.
C. 
Water towers or standpipes which are constructed by or for the Township of Hardyston or the Hardyston Township Municipal Utilities Authority shall be exempt from all height regulations; however, the Township or municipal utilities authority shall make every effort to keep such structures to the minimum height necessary to adequately perform the function for which they were designed.
A. 
Required yards shall be open to the sky and unobstructed, except that parapets, windowsills, door posts, rainwater leaders and similar ornamental or structural fixtures may project up to one foot into such yards.
B. 
Cornices, eaves, bay windows, chimneys and air-conditioning equipment may project up to two feet into any required yard area.
C. 
Uncovered steps only may project up to five feet into a required yard area.
D. 
Where any lot abuts a street right-of-way which is proposed to be widened as indicated on the Master Plan or Official Map of the Township of Hardyston or Master Plan of Sussex County or by the State of New Jersey, all setbacks shall be measured from the proposed right-of-way.
A. 
Flag lots shall be restricted to the MIDD Districts only.
[Amended 7-18-2000 by Ord. No. 2000-14;6-1-2004 by Ord. No. 2004-4]
B. 
Each lot shall contain at least five acres.
C. 
Each flag lot shall have access to an existing public road by way of an access strip which shall be conveyed as part of the flag lot. Such access strip shall have a width of no less than 50 feet fronting on said public road and shall be at least 50 feet in width from its point of intersection with said road to its point of intersection with the rear line of the flag lot created; except that where two abutting flag lots are contemplated, such access strip may be reduced to 25 feet on each such flag lot, so long as the access strips abut one another and have a combined width of 50 feet. The access strip shall remain open and unbuilt upon at all times and shall be suitably improved to provide access by emergency vehicles.
D. 
Flag lots shall be created only in connection with an overall development plan for the tract of which the flag lot is a part.
E. 
All flag lots to be created shall conform to the following:
(1) 
The lot shall be deemed to front on said access strip and the required lot width at the street line shall be measured along said access strip and all other requirements of the appropriate zone district shall relate to said access strip.
(2) 
The flag lot shall not be further subdivided nor may the access strip be used as access to more than two lots as permitted in Subsection C above or to any other lot or tract of land, unless all improvements required by the land subdivision ordinance have been installed, including the construction of a street or road leading from the public road to all lots proposed to be served which meets all of the design and construction standards as set forth in Chapter 158, Subdivision of Land.[1]
[1]
Editor's Note: Former Paragraph 13-5.4f, Lot Size Modification Factor, which immediately followed this subsection, was repealed 10-20-1998 by Ord. No. 98-6.
[Amended 3-1-2011 by Ord. No. 2011-01]
No storage of merchandise, articles or materials shall be permitted in any zone except for new/used cars as part of a car dealership, as a permitted accessory use in a specific zone or as may be specifically shown on an approved site plan. Outdoor storage should not occur in such a way as to prevent adequate circulation of emergency service equipment and personnel. The provisions of this section shall not be construed to prohibit customary accessory uses in residential zones such as patios, picnic tables, outdoor fireplaces and similar uses.
A. 
Any vehicle containing advertising matter intended to promote an interest of any business or any commercial vehicle used in connection with any business or commercial activity shall not be parked, stored or maintained in any residential zone except in compliance with the following conditions:
[Amended 3-1-2011 by Ord. No. 2011-01]
(1) 
Not more than one commercial vehicle per dwelling unit shall be kept on a lot.
(2) 
The vehicle shall not exceed a rated capacity of one ton.
(3) 
The vehicle is used by a resident of the dwelling unit.
(4) 
The vehicle is not parked on the street overnight.
(5) 
The refrigeration unit of a refrigerated truck/vehicle shall not be permitted to run/operate between the hours of 6:00 p.m. and 7:00 a.m., weekdays, or on weekends while parked in any residential zone.
(6) 
This section shall apply to all vehicles which are customarily considered commercial vehicles, whether or not such vehicles shall carry a commercial registration.
B. 
Commercial or business telephones. Commercial or business telephones shall not be listed and/or installed in any residential zone and telephones may not be used for business purposes in residential zones except in compliance with the following conditions:
(1) 
A commercial enterprise or business is conducted solely by telephone.
(2) 
The individuals conducting the commercial enterprise or business shall be a resident of the dwelling unit.
(3) 
No sign shall be erected on the lot or displayed in the dwelling unit advertising commercial enterprise or business which is being conducted solely by phone, and the dwelling unit or structure shall not be altered in order to conduct such business or commercial enterprise and shall remain strictly residential in character.
(4) 
The above conditions do not apply to such nonresidential uses specifically permitted in the zone.
[Amended 10-25-2023 by Ord. No. 2023-13]
Recreational vehicles, including boats, boat trailers, snowmobiles and snowmobile trailers, as well as campers, tent campers, motor homes, trailers and travel trailers, may be parked in any zone, subject, however, to the following restrictions and regulations:
A. 
The area in which such recreational vehicles are parked shall be surfaced in accordance with the requirements of Article XX, § 185-80.
B. 
All recreational vehicles shall be parked or stored in the side or rear yard areas only and shall meet the requirements applicable to accessory buildings for the zone in which they are located, with respect to setback requirements.
C. 
The area, exclusive of garage area, that may be used for storage of such recreational vehicles shall not exceed 7% of the total lot area or 320 feet, whichever is less.
D. 
Such recreational vehicles shall be screened from view either by fencing, not to exceed six feet in height or with a vegetative screen.
E. 
Off-street parking provided for and utilized by recreational vehicles shall be in addition to any other parking provisions required by this section.
F. 
Horse trailers may be considered as a recreational vehicle where horses and/or ponies for riding purposes are kept in connection with single-family residence use on the premises as a permitted accessory use.
G. 
Such vehicles must be owned by the resident of the single-family dwelling.
H. 
Such vehicles shall not contain any commercial lettering or advertising.
I. 
Habitation of any recreational vehicle is prohibited.
A. 
Unless local customer usage is to the contrary, the portion of the lakefront lot which abuts the lake shall be considered the front yard for purposes of this section.
B. 
Structures permitted in the front yard shall be limited to docks, boathouses, barbecues, flagpoles and privet hedge fences.
C. 
Boathouses shall not exceed 15 feet in height and shall be so located as to obstruct the view of adjoining lot owners as little as possible.
D. 
Storage sheds shall be located in side yards and may be located no closer than two feet to the side lot line unless by agreement adjoining property owners locate a single structure or abutting structures meeting all other requirements of this chapter which straddle property lines.
E. 
Any other permitted accessory structures may be erected in side yards, provided that they meet all side yard setbacks for the district.
F. 
In the rear yards (abutting the street), no structure shall be erected within 20 feet of the street line other than off-street parking facilities and fences not exceeding four feet in height. All other accessory structures may be located between the twenty-foot setback and the building line.