Height limitations stipulated elsewhere in this chapter shall not apply
to church spires, belfries, chimneys and television antennas. These uses shall
be limited in height to 50 feet in A1 through A3, R1 through R4 and OR Districts
and 65 feet in the other districts.
All requirements of this chapter, the Subdivision and Site Plan Ordinance,
and the Affordable Housing Procedures Ordinance pertaining to development regulations apply to multifamily residential
developments, except as follows:
A. No building or group of attached buildings shall contain
more than 24 dwelling units.
B. No building shall exceed a length of 200 feet.
C. Each dwelling unit shall have at least two exterior exposures
with at least two windows in each exposure; alternatively, each dwelling unit
shall be designed in conformance with the Uniform Construction Code such that
either windows are provided with an area equal to 8% of the floor area of
all habitable rooms or the maximum depth of the unit shall not exceed 22 feet.
D. Within a dwelling unit, no room intended for human habitation
shall be located in a cellar, basement or attic, except that a cellar or basement
may contain a family room or recreation room.
E. Spacing between buildings and orientation in multiple-dwelling
structures shall be as follows:
(1) Walls containing main window exposures or main entrances
shall be oriented so as to ensure adequate light and air exposure.
(2) Such buildings shall be arranged to avoid undue exposure
to concentrated loading or parking facilities and shall be oriented to preserve
visual and audible privacy between adjacent buildings.
(3) A building wall containing windows shall be no closer
than 30 feet to a windowless wall.
(4) A building wall containing windows shall be no closer
than 75 feet to another wall containing windows, if they are front wall to
front wall; 50 feet if rear wall to rear wall; and 30 feet if end or side
wall to end or side wall.
(5) A windowless wall shall be no closer than 20 feet to
another windowless wall.
(6) Any building wall, except for garages, shall be no closer
to a common parking area than 12 feet.
(7) Any garage wall shall be no closer to a common parking
area than five feet.
(8) A building group shall be so arranged so that any temporarily
or permanently inhabited or occupied building is accessible to emergency vehicles.
F. The approving authority may reduce the distances of Subsection
E above by not more than one-third (1/3) if there is an angle of 20° or
more between buildings and if adequate landscaping or buffers are placed between
buildings.
G. Accessory buildings shall meet the property line setbacks
of the principal buildings.
H. Exterior television antennas shall be limited to one
master antenna per building.
I. Laundry facilities may be provided in each building.
Outside clothes drying is permitted only in designated areas which shall be
properly screened.
J. Storage room. In addition to any storage area contained
within the dwelling unit, a minimum of 150 cubic feet of storage space shall
be provided for each dwelling unit, which storage area shall be convenient
to and accessible from the outside of the building for purposes of storing
bicycles, baby carriages and similar outside equipment.
[Amended 5-23-2005 by Ord. No. 2005-10]
A. Subject to the conditions hereinafter set forth, the
following additions may be permitted to extend into required yards in residential
districts:
(3) Replacement of existing front, side or back stoops.
(4) Overhanging second floors, but not to exceed two-foot
intrusions.
(5) Expansion of an existing structure which is nonconforming
as a result of the establishment of this chapter and which did not result
from a granting of a variance to this chapter. The proposed expansion may
not extend further into required yards than the existing structure.
(6) A roof with unenclosed sides over an entrance platform
of a dwelling or portico may project up to five feet into the required front
yard, provided that the roof over an entrance platform shall not extend beyond
the platform and steps, nor shall the total area of the extension into the
front yard exceed 25 square feet.
(7) Freestanding flagpoles, children's playground equipment,
sandboxes, outdoor fireplaces, patios, and yard clotheslines and posts, but
they must be set back at least five feet from any property line. Except for
freestanding flagpoles, such structures shall not be located in the front
yard.
(8) Residential heating and cooling units.
B. Said additions must meet the following conditions:
(1) The existing building conforms to the requirements of
Schedules II and III for the yard in question or, if the yard requirement is not met,
meets all conditions below:
(2) The maximum dimension of the proposed addition to the
building extending into the yard, as measured parallel to the setback line
of the yard in question, does not exceed 20% of the maximum dimension of the
existing building as measured parallel to said setback line.
(3) Except as provided in §
310-23A(4) and
A(6),
extension of the building or structure shall in no case exceed four feet into
the front or side yard or 10 feet into the rear yard.
(4) Alteration of the building does not cause the violation
of any other regulation contained in this chapter.
No basement or cellar shall be used for the receiving of the public.
In addition, no basement or cellar shall be used for permanent employee use
unless there is a separate entrance and exit leading directly to that basement
or cellar from outside the building and an additional entrance and exit leading
directly up to the ground floor of such building and such basement or cellar
is in compliance with all health and safety codes.
No open or outside storage of manufacturing or other materials, scrap,
junk or waste products of any kind shall be permitted in any district, except
that refuse for collection may be stored in suitably covered containers in
rear yards and adjacent to the principal structure. Such containers, on other
than single- or two-family lots, shall be completely screened on all sides.
All physical improvements, including but not limited to off-street parking
and loading areas, marginal access roads and roadways, other circulation facilities
and water, sewerage and drainage facilities, shall be provided in accordance
with Chapter
305, Subdivision of Land and Site Plan Review, §§
305-10
and
305-11.
All regulations and restrictions of this chapter, the Subdivision and
Site Plan Ordinance and the Land Use Procedures Ordinance of the Borough of
New Providence shall apply equally to condominium or cooperative structures or
uses without regard to the form of ownership.
All regulations and restrictions of this chapter the Subdivision and
Site Plan Ordinance and the Land Use Procedures Ordinance of the Borough of
New Providence shall apply equally to manufactured homes, provided that they
are located on permanent foundations on land the title to which is held by
the manufactured home's owner.
[Amended 5-9-2005 by Ord. No. 2005-5]
The sale of goods and commodities outside the confines of a building
in the CCD, C-1 and C-2 Districts may be permitted by the Borough Council
in connection with a district-wide promotion by the Chamber of Commerce or
other recognized merchants association, conditioned upon application to the
Borough Council, 15 days prior to the scheduled event, by the sponsoring organization
and further conditioned upon the limitation that such goods and commodities
will be offered only in an area contiguous to the building in which the merchant
offering said items for sale does business and provided that the same shall
not be conducted for more than three continuous business days, exclusive of
Sunday.
[Added 12-19-2005 by Ord. No. 2005-20]
According to the Soil Conservation Service, United States Department
of Agriculture, soils with a slope of 15% or greater invariably involve severe
limitations to development, including but not limited to building and road
construction and septic effluent disposal. Moreover, it is found that the
removal of vegetation and disturbance of soils in steep slopes by excavation
and fill will increase runoff and result in soil erosion and siltation with
the resultant pollution of streams as well as the potential danger of flooding
and water drainage, thereby having the potential of endangering public and
private property and life, and that this condition is aggravated by soil disturbance,
construction and development of these slopes which create an additional hazard
to the lives and property of those dwelling on the slopes and below them.
Accordingly, it has been determined that a major objective of the Borough's
zoning regulations should be the protection of areas of steep slopes. To this
end, the following requirements and limitations are established:
A. Limits on disturbance.
(1) Slopes of 25% or greater shall remain undisturbed, except
that any applicant shall be permitted to disturb slopes of greater than 25%
in accordance with the following:
(a) Each application is permitted to have a disturbance of
slopes greater than 25%, not to exceed 1% of the slope area in excess of 25%
or 10,000 square feet, whichever is less; except that
(b) Notwithstanding Subsection
A(1)(a) above, each application
is permitted to disturb slopes of greater than 25% up to 500 square feet in
total area.
(2) Not more that 20% of slopes ranging from 20% to 25% shall
be disturbed, and the area of disturbance of such slope area shall not exceed
5% of the total lot area.
(3) Not more than 30% of slopes ranging from 15% to 20% shall
be disturbed, and the area of disturbance of such slope area shall not exceed
10% of the total lot area.