[Amended 9-5-1978; 9-3-1985 by Ord. No. 85-7; 9-15-1987 by Ord. No. 1987-9; 6-21-1988 by Ord. No. 1988-7; 9-1-1998 by Ord. No. 1998-9]
A.
Any parcel of land, at least 3/4 acre in lot area,
in a residential district with a lot area less than that prescribed
for a lot in the district in which such lot is located, which parcel
was under one ownership and in existence at the time of the adoption
of any ordinance repealed by the adoption of this Part 1 originally
or of any amendment hereto, by which the minimum lot area applicable
thereto was increased, may be used for single-family dwelling purposes
as a principal use; any single-family dwelling or accessory structure
to it thereon may be enlarged, and any single-family dwelling or accessory
structure to it thereon which shall accidentally be destroyed may
be replaced in the same location as it occupied on the lot immediately
prior to said accidental destruction and shall not constitute a nonconforming
use or structure, provided that:
(1)
All regulations except front, side and rear
yard and setback line requirements prescribed for the district by
this Part 1 shall be complied with.
(2)
Either the owner thereof owns no adjoining land
or the parcel was granted either minor or final major subdivision
approval by the Township Planning Board or Board of Adjustment.
B.
Except as provided in Subsection C below, in lieu of the front, side and rear yard and setback line requirements prescribed for the district by this Part 1, the following front, side and rear yard and setback line requirements shall apply:
(1)
Setback line. No building or parts of a building
shall be closer than 50 feet to the nearest street line.
(2)
Front yard. Front yards shall be at least 50
feet in depth.
(3)
Side yard. Each principal building shall be
provided with a side yard, each at least 25 feet in width.
(4)
Rear yard. Each principal building shall be
provided with a rear yard at least 25 feet in depth.
A.
Recognizing that there are trends in home planning
and lot arrangement to secure the full benefit of sunlight, prevailing
winds and other amenities which may necessitate variation in the front,
side and rear yard requirements of this Part 1, such variation may
be permitted in the case of isolated homes, groups of homes or neighborhood
layouts, provided that the site plans thereof are first approved by
the Planning Board.
B.
Where a lot is situated between two lots, each of
which is developed with a principal building which projects forward
of the established setback line and has been so maintained since the
enactment of this Part 1, the minimum front yard requirement of such
lot may be the average of the front yards of said adjoining lots.
D.
Where in a given block there is a pronounced uniformity
in the alignment of existing buildings in which the front yard depths
are greater than required in this Part 1, then any new building shall
conform substantially to this established alignment.
F.
Where, in the event of the destruction of an existing building and in rebuilding in accordance with the building size requirements of this Part 1, the owner thereof cannot conform to the front yard requirements as set forth for vacant lots in Subsections B, C and D hereof by reason of lack of lot depth, such building may be rebuilt in its preexisting location.
G.
In the R-5 District, a lot existing on the effective date of this Subsection G which has the required lot area for the district in which it is located but lacks the required minimum lot width for such district is permitted to be used under the following conditions:
[Added 2-3-1998 by Ord. No. 1998-1;
amended 9-1-1998 by Ord. No. 1998-9]
(1)
The principal use of such lot is for single-family
dwelling purposes.
(2)
The minimum side yard requirement for such lot
shall be reduced from the minimum side yard normally required for
the zoning district by the same ratio that the lot width of such lot
bears to the minimum lot width normally required for the zoning district;
provided, however, that the combined side yards of such lot shall
equal at least 40% of the lot width of such lot and no single side
yard shall be less than 25 feet.
H.
In the R-5 District, a lot existing on the effective date of this Subsection H which has the required lot area for the district in which it is located but lacks the required minimum lot depth for such district is permitted to be used under the following conditions:
[Added 2-3-1998 by Ord. No. 1998-1;
amended 9-1-1998 by Ord. No. 1998-9]
(1)
The principal use of such lot is for single-family
dwelling purposes.
(2)
The minimum rear yard requirement for such lot
shall be reduced from the minimum rear yard normally required for
the zoning district by the same ratio that the lot depth of such lot
bears to the minimum lot depth normally required for the zoning district;
provided, however, that the rear yard shall be at least 25 feet.
[Amended 5-3-1977; 9-3-1985 by Ord. No. 85-7; 12-23-1986 by Ord. No. 86-16; 9-1-1998 by Ord. No. 1998-9; 6-8-2005 by Ord. No. 2005-8]
In the R-1 and R-5 Residential Districts, a
lot whose principal use is for single-family dwelling purposes is
permitted without frontage on a street as defined herein under the
following conditions:
A.
Such lot has frontage on a driftway, and such frontage shall be at least 500 contiguous feet in length. The driftway upon which such lot has frontage shall be, between such lot and the public road, such as meets the standards set forth in § 100-161, Lots on driftways, of Chapter 100, Part 2, Development Regulations, of the Code of the Township of Holland, as amended. Such lot shall also have a lot area, exclusive of any area in the driftway, of at least five acres.
B.
Except for the requirement of frontage on a street and as stated in Subsection A above, such lot shall meet all other requirements of the zoning district in which it is situated.
C.
Inasmuch as N.J.S.A. 40:55D-35 prohibits the issuance
of a permit for the erection of any building or structure on a lot
which does not abut a street giving access to the proposed building
or structure, prior to the issuance of any permit for the erection
of any building or structure on such lot, necessary action pursuant
to N.J.S.A. 40:55D-36 directing the issuance of such permit shall
have been taken. [The necessary action spelled out by N.J.S.A. 40:55D-36
is a determination by the appropriate municipal agency (Board of Adjustment
or Planning Board) after an appeal procedure to that Board, that a
permit required for erecting a building or structure can be issued.
This determination is permitted under N.J.S.A. 40:55D-36 only under
certain exceptional circumstances and subject to conditions relating
to access for emergency vehicles and to protection of future street
layouts.]
[Amended 9-5-1978; 5-5-1982 by Ord. No. 82-8; 9-3-1985 by Ord. No. 85-7; 6-21-1988 by Ord. No. 1988-7; 6-5-2001 by Ord. No. 2001-4]
Notwithstanding the yard requirements of this
Part 1, on a lot principally used for single-family dwelling purposes,
an accessory shed (not used to store or house automobiles, trucks
or similar motor vehicles), whose maximum gross floor area is 150
square feet, may be located in any required side or rear yard on the
lot, provided that it is located behind the rearmost line of the principal
dwelling and at least 10 feet from the side or rear lot line.
[Added 4-21-1993 by Ord. No. 1993-4;
amended 12-30-2008 by Ord. No. 2008-24]
In addition to other signs permitted in this
Part 1, one sign shall be permitted on any lot within the Township,
except: i) on any lot which is vacant or unimproved; ii) anywhere
within the MFR Multifamily Residential District; iii) anywhere within
the PCD/PSV Planned Commercial Development/Planned Senior Village
District; or iv) on any lot which is not principally used for residential
purposes in the IND Limited Industrial Park District, in accordance
with the following requirements:
A.
The sign shall:
[Amended 4-22-2009 by Ord. No. 2009-1A]
(1)
Advertise or give notice of a temporary event (such as a performance
or fund-raising event) conducted by a nonprofit association or group,
in which case it shall not exceed 12 square feet in area per side
with no more than two sides and shall be not over four feet in height.
Such a sign may remain in place for not exceeding 14 consecutive days,
no more than three of which days shall occur after the temporary event,
whereupon it shall be removed by the owner or occupant of the lot;
or
(2)
Advertise the business performing a service (such as lawn care
or construction or repair) on the lot on which the sign is located,
provided that such business shall not be one owned or partly owned
by an owner or occupant of the lot on which the sign is located. Such
sign shall not exceed four square feet in area per side with no more
than two sides and shall be not over four feet in height. Such a sign
may remain in place for not exceeding seven consecutive days, at least
one of which shall be a day when such service is actually being performed
on the lot, whereupon it shall be removed by the owner or occupant
of the lot; or
(3)
Advertise a yard or garage sale conducted on the lot on which
the sign is located, in which case it shall not exceed four square
feet in area per side with no more than two sides and shall be not
over four feet in height. Such a sign may remain in place no longer
than a 48 consecutive hour period, which shall include the time period
when such sale is conducted, whereupon it shall be removed by the
owner or occupant of the lot.
B.
The sign shall not be of a type (such as a "for sale" sign) permitted
for the lot under other provisions of this Part 1.
C.
The sign shall not be lighted or have any moving parts and shall
not be placed so as to interfere with traffic safety.
D.
A sign permit shall be obtained from the Zoning Officer prior to the placing of any temporary sign permitted by this § 100-112.1, except that no permit shall be required as to a sign permitted by § 100-112.1A(3).
[Amended 4-22-2009 by Ord. No. 2009-1A]
[Added 9-1-1998 by Ord. No. 1998-9;
amended 11-21-2000 by Ord. No. 2000-5]
In any instance where planned development is permitted by this Part 1 (of Chapter 100), such as in the MFR or PCD/PSV Districts, or in the case of residential cluster development in the R-5 District, the approving authority shall, before approving such planned development, find the facts and make the conclusions with respect to the proposed planned development as required by N.J.S.A. 40:55D-45.
