In any R-1 Residence District, land, buildings
or premises shall be used by right only for one or more of the following:
A. Single-family detached house.
B. Government buildings, facilities and uses.
[Amended 6-26-2002 by Ord. No. 2002-12]
C. Substation, electric and gas facilities, sewage lift
station, water pumping station, transmission lines, gas regulator
stations, subject to the following special requirements:
(1) No storage of materials and trucks and no repair facilities
or housing of repair crews except within completely enclosed buildings
shall be permitted.
(2) The architectural design of the exterior of any building
shall be in keeping with other structures in the neighborhood.
(3) Screening shall be developed as defined in this chapter.
All plants not surviving one year after planting must be replaced.
D. Model homes or sales offices within a subdivision
shall be allowed but only during the period necessary for the sale
of new homes within such subdivision. Such uses shall not be considered
a business use.
E. Senior citizen housing in conformance with the single-family
concept of this district.
F. Agricultural uses in accordance with Article
XXIII, Farm Regulations.
G. Residential cluster in accordance with Article
XVIII, provided that the maximum density will not exceed 0.33 units per gross acre. Maximum lot yield for a residential cluster shall be determined as set forth in §
65-82D.
[Amended 10-28-1998 by Ord. No. 1998-13; 12-10-2003 by Ord. No. 2003-20]
H. Township- or County-owned-and-operated parks and recreation,
including active, both indoor and outdoor facilities, and passive
recreation. Subject to an approved site plan, facilities may be lighted.
[Added 6-26-2002 by Ord. No. 2002-12; amended 3-28-2012 by Ord. No. 2012-5]
I. Public or private nonprofit elementary and/or secondary
school, subject to a five-acre minimum lot size, 200 feet of lot frontage
and a fifty-foot setback from all property lines.
[Added 6-26-2002 by Ord. No. 2002-12]
J. The following uses shall be subject to the same regulations
as single-family, detached dwelling units:
[Added 6-26-2002 by Ord. No. 2002-12]
(1) Community residences for the developmentally disabled;
(2) Community shelters for victims of domestic violence;
(3) Community residences for the terminally ill;
(4) Community residences for persons with head injuries;
(6) Group homes for the placement of children.
[Amended 12-30-1991 by Ord. No. 1991-28; 6-26-2002 by Ord. No. 2002-12; 12-31-2002 by Ord. No.
2002-31; 9-27-2006 by Ord. No. 2006-33; 7-7-2008 by Ord.
No. 2008-21; 5-27-2009 by Ord. No. 2009-10; 3-5-2020 by Ord. No. 2020-5]
The following conditional uses may be authorized
by the Consolidated Land Use Board of Mansfield Township, provided
that applications conform to the following specifications and standards:
A. Cemeteries.
(1) As a principal use, subject to:
(b)
Ten-acre minimum lot size.
(c)
Fifty-foot setback for buildings and burial
plots from front property lines and 25 feet from side and rear property
lines.
(d)
Landscape buffers along all side and rear property
lines.
(2) As an accessory use to a place of worship, subject
to:
(b)
One-acre minimum lot size for the cemetery use.
(c)
Twenty-five-foot setback for burial plots from
all property lines.
(d)
A fifteen-foot wide landscape buffer shall be
provided along all side and rear property lines.
B. Churches and places of worship, subject to:
(2) Provision of required off-street parking.
(3) Provision of landscape buffers adjacent to residential
zones and uses.
C. This subsection provides standards for the approval,
development and use of accessory apartments in single-family homes.
Accessory apartments are conditionally permitted uses within all residential
zoning districts in the Township of Mansfield subject to approval
by the Consolidated Land Use Board of Mansfield Township and periodic
licensing by the Township Committee in accord with the standards specified
in this subsection.
(1) Purpose. This subsection provides conditions and controls
for the development of accessory apartments in single-family homes,
and specifically by the terms of this subsection, such use is to be
permitted in single-family dwelling units within certain residential
zoning districts in the Township of Mansfield, wherein the Township
Consolidated Land Use Board is hereby authorized to issue a special
use permit subject to the following conditions. The purpose of this
subsection is:
(a)
To provide for the legal and orderly development
of accessory attached dwelling units by residents who desire to make
this type of facility available in their homes.
(b)
To provide a particular type of housing to family
members who are unable to locate or afford the types of housing available
elsewhere in the Township.
(c)
To protect the stability, property values and
single-family character of neighborhoods and to continue to protect
the health, welfare and safety of the general public.
(d)
To allow the more efficient use of the Township's
housing to preserve the historic and rural structures and to provide
incentive for their maintenance.
(2) Conditions and requirements. A single accessory apartment
unit may be allowed within a single-family detached dwelling, provided
that the following conditions and requirements are met:
(a)
Where there is combined primary and accessory
apartment use, the primary unit shall be occupied by the owner(s)
of the lot.
(b)
All occupants of both units shall claim a "familial"
relationship pursuant to the definition of family in this chapter.
The occupant(s) shall not pay rent.
(c)
The property owner shall submit to the Township
a signed and notarized affidavit specifying the person or persons
(not exceeding two) who will occupy the accessory apartment (documentation
as to relationship shall be required) and will enter into an agreement
with the Township in recordable form that no other persons shall occupy
the accessory dwelling.
(d)
Size requirements. The net floor area of the
accessory apartment shall be at least 400 square feet. The sizes of
bedrooms in the apartment shall comply with the standards of the New
Jersey State Housing Code.
[1]
The net floor area of the accessory apartment
shall not exceed the following percentage of the area of the single-family
house or the following fixed amount, as the case may be:
Area of House
(square feet)
|
Net Floor Area of Apartment Not to Exceed
|
---|
Less than 3,000
|
40% or 1,000 square feet, whichever is less
|
3,000 or more but less than 5,000
|
30% or 1,200 square feet, whichever is less
|
5,000 or more
|
20% or 1,500 square feet, whichever is less
|
[2]
For the purposes of this subsection, the area
of the single-family house shall be the total area of all of the stories
of the house, measured from the outside faces of the exterior walls,
including the areas of enclosures and additions to the house that
are proposed to be made for the purpose of an accessory apartment.
It shall also include the area of basements. The area of the single-family
house shall not include roofed but unenclosed areas, such as porches
and carports. Also, for the purposes of this subsection, the net floor
area of the accessory apartment shall not include any hall providing
the unit with access to the outdoors. The accessory apartment is limited
to a maximum of two bedrooms.
[3]
Accessory apartments shall not be permitted
on lots of less than 20,000 square feet in size.
(e)
The applicant shall agree to remove all kitchen
appliances other than a built-in sink when the license hereinafter
provided for expires.
(f)
Any approval by the Consolidated Land Use Board
of Mansfield Township shall be subject to the issuance of a license
by the Township Committee for a period of not more than four years;
said license may be renewable thereafter.
[Amended 5-15-2024 by Ord. No. 2024-4]
(g)
It shall be the obligation of the applicant
to properly record all Consolidated Land Use Board of Mansfield Township
approval documents in the office of the Burlington County Clerk at
the expense of the applicant within 10 days following the forty-five-day
appeal period relative to the filing of said Consolidated Land Use
Board of Mansfield Township documents. Additionally, the receipt of
said recording/filing from the office of the Burlington County Clerk
shall be presented to the Mansfield Township Clerk's office immediately
upon receipt of same from Burlington County Clerk so that the Mansfield
Township Clerk may issue the required Township license to the applicant,
upon resolution of the Township Committee, and in accordance with
the conditions of said Consolidated Land Use Board of Mansfield Township
approval. Failure to comply within the stated time frame will render
stated approval null and void.
(h)
The municipality shall permit, but not require
the accessory dwelling to have separate kitchen and bathroom facilities.
The accessory apartment may have at least two bedrooms and be reasonably
self-sufficient with its own entrance, and separate sleeping, sanitary
facilities and cooking facilities with a kitchen sink for the exclusive
use of its occupants.
(i)
A bathroom containing only a toilet, sink and
stall shower or bathtub shall be permitted in the accessory apartment.
The principal dwelling and accessory apartment must, to the degree
reasonably feasible, retain the appearance of a single-family residence.
(j)
Each and every dwelling unit shall have direct
access to the outdoors or to a hall from which there is direct access
to the outdoors. No entrances to the accessory apartment shall be
permitted on the front of the principal dwelling.
(k)
Adequate off-street parking must be provided
for both the principal and accessory uses on the subject property.
Adequate turnaround areas shall be provided to prevent vehicles from
having to back into any roadway.
(l)
No home occupation or home professional occupation
shall be permitted in conjunction with any accessory apartment.
(m)
The construction and modification of any accessory
apartment shall be in accordance with the requirements of the Uniform
Construction Code of New Jersey, including the requirement to obtain
a building permit and certificate of occupancy.
(n)
The accessory apartment must conform with all
applicable standards of health, building, zoning and other codes and
regulations.
(o)
A fire prevention resale inspection will be
conducted by the Mansfield Township Office of Fire Prevention of all
accessory apartments at the initial registration; thereafter an inspection
will be completed at the time of renewal or every four years. Property
owners will be assessed a fee per the resale smoke certification requirements.
[Amended 5-15-2024 by Ord. No. 2024-4]
(p)
The accessory apartment shall not have separately
metered utilities.
(q)
The accessory apartment shall not be located
in an accessory building.
(r)
The accessory apartment shall be connected to
the main heated living area of the dwelling and not be connected by
a breezeway.
(s)
No boarders shall be permitted to occupy such
units, nor shall any portion of the space within the unit be sublet
or rented out for any period of time. In the event that a room is
rented pursuant to the specific provisions for senior citizens set
forth in N.J.S.A. 40:55D-68.4, which permit seniors to rent such rooms
in their primary residence, in which instance the residence shall
not be deemed to meet the conditional use standards unless such room
rental is abated.
(t)
If an increase in the total number of bedrooms
of a dwelling unit shall increase the septic demands over the original
septic design, or the septic design is unknown, the applicant shall
be required to obtain a Burlington County Board of Health Certification
for the existing septic or design expansion certification prior to
the approval by the Township Consolidated Land Use Board.
(u) An administrative fee for the renewal permit of said accessory apartment,
which said permit is renewable every four years, will be assessed
to the property owner in the amount of $25 per accessory unit.
[Amended 5-15-2024 by Ord. No. 2024-4]
(v) The entire single-family home containing an accessory apartment must
be in compliance with all Township and state fire and construction
codes.
[Added 5-15-2024 by Ord. No. 2024-4]
E. Country club, swim club or golf course, subject to:
(1) One-hundred-twenty-five-acre minimum lot size for
country clubs or golf courses.
(3) Provision of required off-street parking.
(4) Provision of landscape buffers.
(5) Buildings, pools and recreational facilities other
than golf course related shall maintain a one-hundred-foot setback
from all residentially zoned or used property.
(6) The center point of each tee-off area shall be located
not less than 75 feet from any residential lot line.
(7) The center line of each fairway at the first landing
area or turning point shall be at least 150 feet from the closest
residential lot line.
(8) The center of each putting green shall be located
a minimum radial distance of 150 feet from the closest residential
lot line.
F. Clubs and lodges and all associated functions, subject
to:
(2) Provision of required off-street parking.
(3) Provision of landscape buffers along all side and
rear property lines.
(4) Limited to use by members and their guests.
G. Convalescent home and nursing home, subject to:
(2) Provision of landscape buffers along all side and
rear property lines.
(3) Provision of all required off-street parking.
(4) Fifty-foot setback for buildings from all property
lines.
(5) Five-acre minimum lot size.
Only the following accessory uses shall be permitted:
A. Customary accessory residential uses, including private
garages and utility sheds.
Area and bulk regulations shall be in accordance
with the specifications outlined in the Schedule of Area and Bulk
Regulations.