In interpreting and applying these regulations,
the requirements contained herein are declared to be the minimum requirements
necessary to carry out the purpose of these regulations. Except as
hereinafter provided, these regulations shall not be deemed to interfere
with, abrogate, annul or otherwise affect in any manner whatsoever
any easements, covenants or other agreements between parties. Whenever
the provisions of these regulations impose greater restrictions upon
the use of land or buildings, or upon the height of buildings, or
require a larger percentage of lot to be left unoccupied than the
provisions of other ordinances, rules, regulations, permits, or any
easements, covenants, or other agreements between parties, the provisions
of these regulations shall govern.
A.
Zoning affects all land. No land shall be used except
for a purpose permitted in the district in which it is located.
B.
Zoning affects all buildings. No building shall be
erected, converted, enlarged, reconstructed, moved or structurally
altered, nor shall any building be used, except for a use permitted
in the district in which such building is located.
C.
Building or use upon any lot. Every building hereafter
erected or structurally altered and every use established shall be
located upon a lot as herein defined. There shall be no more than
one principal building or use upon any lot in Residential Zones R-1,
R-2 and R-3.
D.
Pending application for building permits. Nothing
in this chapter shall require any change in the overall layout, plans,
construction, size or designated use of any development, building
structure, or part thereof, for which official approvals and required
building permits have been granted prior to the enactment of this
chapter, the construction of which, conforming with such plans, shall
have been started either prior to the effective date of this chapter
or within 90 days thereafter, and completion thereof carried on in
a normal manner within the subsequent six-month period, and not discontinued
until completion except for reasons beyond the builder's control.
E.
Street access to lots. No building shall be erected
on a lot which does not have frontage upon an improved street which
shall be a public street.
F.
Substandard buildings or structures. No building or
structure shall be used or occupied if such building or structure
is in need of major structural repairs or is unsafe or unsanitary,
or if the premises do not have connection with the Township sanitary
sewage system or alternative sewage facilities approved by the Health
Official.
G.
Off-street parking and loading regulations. No building
or use shall be modified, erected or structurally altered except in
conformity with the off-street parking and loading regulations as
specified in this chapter.
H.
Vehicular access to streets, roads or highways. In
all districts, provisions shall be made for sufficient on-site or
on-lot vehicular turnaround space to permit a vehicle to enter a street,
road or highway in a forward manner. The above shall not apply to
minor residential streets.
I.
Parking of commercial vehicles in residential zones.
The storaging or parking of commercial vehicles of more than 1 1/2
ton capacity on any public street in residential districts is prohibited;
provided, however, that nothing herein shall prohibit the parking
of a commercial vehicle in such districts for such reasonable times
as may be required for pickup or delivery services to such districts
and of artisans in the ordinary performance of their profession in
such districts. The owner and user of any vehicle parked or stored
on any public street in violation of this section shall be responsible
therefor.
[Amended by Ord. No. 1989-30]
J.
Stripping of topsoil. No person, firm or corporation
shall strip, excavate or otherwise remove topsoil for sale or for
use other than on the premises from which the same shall be taken,
except in connection with the construction or alteration of a building
on such premises and excavating or grading incidental thereto.
K.
Public utility corporations. This chapter shall not
apply to any existing or proposed building or extension thereof used
or to be used by public utility corporations. All facilities such
as pumping stations, repeater stations, and electric substations which
require a structure above grade shall harmonize with the character
of neighborhood and shall have adequate fences and other safety devices.
A site plan, as defined, shall be furnished to the Building Inspector
and Planning Board or its representatives for approval.
L.
Railroads. No railroad right-of-way shall be used
for any other purpose than the location of railroad tracks, spur tracks,
loading and unloading platforms, structures, facilities or use incidental
to railroad operation, provided further that none of the above uses
except railroad tracks shall be permitted where a railroad right-of-way
is adjacent to or within 150 feet from any residentially zoned property
on the same side of the right-of-way proposed to be used for spur
tracks, loading and unloading platforms, structures, facilities or
use incidental to railroad operation.
M.
Christmas tree sale. The annual sale of Christmas
trees is permitted between November 20 and December 25, inclusive.
N.
Public election voting places. The provisions of this
chapter shall not be construed as to interfere with the temporary
use of any property as a voting place in connection with a municipal
or other public election.
O.
Location of certain traffic-generating uses. No use
or structure involving as a principal part of the conduct of a business
the use or servicing of motor vehicles, such as an automobile and
gasoline service station; automobile sales area, new and used car
lots; community garage or parking area, public garage, storage garage;
drive-in business; distribution plant; motor freight terminal or any
other use or structure which generates substantial or concentrated
vehicular traffic, shall be located within 600 feet of a church, school,
library, hospital, charitable institution or place of public assemblage,
public park, playground, fire station, an institution for the care
or housing of children or the aged and infirm when the uses or structures
are located along the same street, road or highway. Similarly, no
use or structure such as second mentioned above shall be located closer
than 600 feet to a use or structure such as first mentioned above.
The distances between uses and structures shall be measured in a straight
line from the nearest boundary of the lot of one such use to the nearest
boundary of the other use.
P.
Buildings in areas subject to flooding. In any area
subject to periodic flooding or inundation, no dwelling unit or structure
for commercial or industrial use and no private sewage disposal system
shall be constructed except those accessory to the playground, public
park or other recreational use. The Board, however, may authorize
a use or structure in such areas only if it is determined that such
use or structure is appropriate to the area and will not unduly obstruct
the natural passage of floodwater, and is constructed or maintained
in such a way that likely flood damage will not result in substantial
damage to property or person. All dwellings or structures shall comply
with all federal, state or local flood regulation.
Q.
Building setbacks along easements. No building or
structure shall be placed closer than 10 feet to a storm drain, water,
sanitary sewer, gas or electrical easement or right-of-way.
R.
Accessory buildings attached to principal building.
An accessory building attached to the principal building shall comply
in all respects with the yard requirements of this chapter in respect
to the principal building. Yard requirements for detached accessory
buildings shall be in accordance with the attached schedule.[1]
[1]
Editor's Note: The Schedule of Area, Yard and Building Requirements is included at the end of this chapter.
S.
Accessory buildings or uses on corner lot. Accessory
buildings or uses on corner lots shall not be erected closer to the
street line than the front yard requirement on the adjacent lot.
T.
Accessory buildings prior to principal buildings.
No building permit shall be granted for the construction of an accessory
building until such time as a building permit shall have been granted
for the construction of the principal building upon said premises.
Construction of the principal building shall either precede or be
simultaneous with construction of the accessory building.
W.
Probable cause. The exterior condition of a property,
including the improvements as well as the land, shall be a factor
in determining the probable condition of the interior of any buildings
or structures.
[Amended by Ord. No. 1989-30; Ord. No. 97-12]
A.
Conformity with height regulations. No building shall
be erected, modified, converted, enlarged, reconstructed or structurally
altered to exceed the height limit herein established for the district
in which such building is located.
B.
Height exceptions. The height limits of these regulations
shall not apply to:
(1)
Church spire, belfry, cupola, dome, penthouse or ornamental
tower not intended for human occupancy, nor to a monument, water tank
or cooling tower, observation tower, transmission tower, fire tower,
fire wall, chimney, smoke stack, steeple, conveyor, flagpole, radio
or television tower, mast or aerial, ventilator, skylight, elevator
or stair bulkhead, air-conditioning equipment, similar features and
necessary mechanical appurtenances required to operate and maintain
a building and usually carried above the roof level. Any or all of
such features, in the aggregate, shall not occupy more than 10% of
the area of the roof of the building, except that radio or television
tower, mast or aerial shall not exceed 50 feet from ground line in
all residential districts.
(2)
Barns, silos, windmills, water tanks or other farm
buildings or structures.
(3)
Sand and gravel processing plants, industrial storage
silos.
(4)
Cellular telecommunications tower.
C.
Ornamental features. The provisions of this chapter
shall not apply to prevent the erection above the building height
limit of a parapet wall or cornice for ornament and without windows,
extending above such height limit not more than five feet.
A.
Conformity with area regulations. Except as hereinafter
provided, no building shall be modified, erected, reconstructed, converted,
enlarged, structurally altered or moved on a lot or moved to another
lot unless such building or enlargement conforms with the area regulations
of the district in which such building is located.
B.
Maintenance of required yards. No yard or other open
space for each and every building existing at the time of the passage
of this chapter or for any building hereafter erected shall be encroached
upon or reduced in any manner except in conformity with these regulations.
No yard for one principal building shall be considered as a yard for
any other principal building, and no yard on one lot shall be considered
as a yard for a principal building on another lot. Shrubbery, driveways,
off-street parking spaces, retaining walls, fences, curbs and planting
screens or planted buffer strips shall not be construed to be encroachments
on yards.
C.
Required front yard and area for lots on streets and
roads proposed for right-of-way widening. Where a building lot has
frontage upon a street or road which is proposed for right-of-way
widening, the required front yard shall be measured from the proposed
future right-of-way line. The area between the existing right-of-way
line and the proposed right-of-way line shall not be included in the
minimum required lot area.
D.
Permitted obstructions in required yards. All required
yards shall be unobstructed except as provided herein. Since required
yards shall be open to the sky, an obstruction shall include the projection
of a structure into such spaces at any level above ground.
(1)
Projection into yards of a porte-cochere; cornices,
caves, belt courses, sills, canopies or other similar architectural
features; chimneys; open fire escapes; open balconies; porches; platforms
or landing places; open ornamental fences; hedges, landscape architectural
features or guard railings around depressed ramp areas; screening
walls or fences; landscape features such as trees, shrubs or flowers
are permitted subject to the terms and specifications contained in
this section.
(2)
Signs may be located within or project into a required
yard subject to provisions of this chapter.
(3)
Parking and loading areas may occupy a required yard
subject to provisions established for the district in which located.
(4)
An arbor, trellis, flagpole or recreation yard may
be permitted in any required yard.
A.
Multiple frontage lots. Any building constructed on
a lot having a frontage on two or more streets shall be so located
as to comply with the regulations governing the front yard restrictions
and setbacks of all the streets on which such lot has frontage. In
the case of an interior through lot, the owner shall elect and so
designate on the site plan which yard shall be the required rear yard
and which the required front yard. The designated rear yard shall
be attractively landscaped and maintained so as to conform with the
character of the front yards in the general area. In the case of a
corner lot, the owner shall elect, and so designate on the site plan,
which of the remaining two required yards shall be the required side
yard and the required rear yard.
B.
Determination of frontage for irregularly shaped lots.
The minimum frontage requirements for the irregularly shaped lots
shall be measured at the rear line of the required front yard, but
in no case shall the lot width at the street line be less than 2/3
of the minimum lot width required by this chapter.
C.
Reduction of front yard setback requirements. In any
district where the average setback line for existing buildings on
all lots located wholly or partly within 200 feet of any lot and within
the same block and zoning district and fronting on the same side of
the street as such lot is less than the minimum setback required in
said district, the setback on the lot may be less than the required
setback but not less than the existing average setback distance for
all lots within the 200 feet. When lots within the 200 feet are vacant,
the vacant lot shall be considered as having the minimum required
setback for the purpose of computing an average setback distance.
E.
Fire escapes. Fire escapes are not permitted in front
yards.
F.
Open balconies. Open balconies, not covered by a roof
or canopy, which extend above the level of the first floor of the
building, may be erected to project into front yards, provided such
structures are not more than 30 inches in depth.
G.
Porches, platforms or landing places. Open structures,
such as steps, platforms, paved terraces or landing places which do
not extend above the level of the first floor of the building, having
no wall more than 30 inches high, may project into a required front
yard for a distance not exceeding five feet.
I.
Canopies and marquees. Fixed canopies and marquees
may project into a required front yard in any district, except residential
districts, for a distance not to exceed 10 feet.
J.
Awnings and moveable canopies. An awning or movable
canopy may project into a required front yard not more than 10 feet.
K.
Bay or bow window. A bay or bow window may project
into a required front yard not more than 30 inches.
L.
Pumps, automobile and gasoline service stations. Pumps
and pump islands may be located within a required front yard, provided
they are not less than 25 feet from any street lines.
M.
Handicap access ramps. Uncovered handicap access ramps
required for use by an occupant of an existing dwelling unit located
in a zone district permitting residential uses may be located in a
required front yard.
[Added by Ord. No. 1989-30]
A.
Side yard requirements for substandard lots of record
in closely built areas. In the case of a lot 50 feet or less in width,
in a closely built up area, existing at the time of the enactment
of this chapter, and the owner of such a lot does not own any other
parcel or tract adjacent thereto, combined total side yard requirements
may be reduced by six inches for each foot a lot is less than the
required width prescribed for the district in which such lot is located,
provided that no principal building shall be placed nearer a side
line than five feet.
B.
Architectural features. Architectural features may
project into a required side yard a distance not greater than the
following:
C.
Fire escapes. An open or lattice-enclosed, fireproof,
outside fire escape may project not more than six feet into a required
side yard.
D.
Open balconies. Open balconies, not covered by a roof
or canopy, which extend above the level of the first floor of the
building, may be erected to project into side yards not more than
30 inches.
E.
Canopies and marquees. Fixed canopies and marquees
may project into a required side yard in any district, except residential
districts, for a distance not to exceed 10 feet.
F.
Movable awnings and canopies. A movable awning or
canopy may project into a required side yard not more than 10 feet.
G.
Bay or bow window. A bay or bow window may project
into a required side yard not more than 30 inches.
H.
Handicap access ramps. Uncovered handicap access ramps
required for use by an occupant of an existing dwelling unit located
in a zone district permitting residential uses may be located in a
required side yard.
[Added by Ord. No. 1989-30]
B.
Fire escapes. An open or lattice-enclosed, fire proof,
outside fire escape may project not more than six feet into a required
rear yard.
C.
Open balconies. Open balconies, not covered by a roof
or canopy, which extend above the level of the first floor of the
building, may be erected to project into rear yards not more than
30 inches.
D.
Steps, platforms, paved terraces or landing places.
Open structures such as steps, platforms, paved terraces or landing
places which do not extend above the level of the first floor of the
building, having no wall more than 30 inches high, may project into
a required rear yard for a distance not exceeding 10 feet.
E.
Canopies and marquees. Fixed canopies and marquees
may project into a required rear yard in any district for a distance
not to exceed 10 feet.
F.
Awnings and movable canopies. An awning or movable
canopy may project into a required rear yard not more than 10 feet.
G.
Bay or bow window. A bay or bow window may project
into a required rear yard not more than 30 inches.
H.
Handicap access ramps. Uncovered handicap access ramps
required for use by an occupant of an existing dwelling unit located
in a zone district permitting residential uses may be located in a
required rear yard.
[Added by Ord. No. 1989-30]
[Amended by Ord. No. 97-12]
A.
Satellite dish antenna. A satellite dish antenna is
herein defined as "a device incorporating a reflective surface that
is solid, open mesh or bar configured and in the shape of a shallow
dish, cone, horn or cornucopia, for use to receive and/or transmit
radio or electromagnetic waves between terrestrially and/or orbitally
based uses." No satellite dish antenna larger than one meter in diameter
shall be installed in any residential zone, except that one satellite
dish antenna may be permitted as an accessory use to a single-family
dwelling or multifamily apartment use pursuant to FCC regulations,
subject to the following standards:
(1)
The requirements of this section shall apply to all
satellite dish antennas, regardless of diameter, proposed to be located
in historic districts subsequent to the designation thereof in the
Ewing Township Master Plan and successful petition to the Federal
Communications Commission by the Township for a waiver of preemption.
(2)
Except where otherwise specified herein, the reflective
surface of the satellite dish shall not exceed six feet in diameter.
(3)
A freestanding satellite dish regulated by this section shall be subject to the same location requirements as other principal buildings in the same zoning district. No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of § 215-45B of this chapter.
(4)
A freestanding satellite dish shall be located as
close to the center of the rear yard and rear facade of a principal
building as possible without causing significant interference with
reception. A waiver may be sought from the board of jurisdiction for
a location within the required yard area of a principal building,
but in no case shall it be permitted nearer to a property line than
is allowed for accessory buildings in the zoning district. For aesthetic
and safety purposes, the rear yard shall be enclosed with a fence
that is opaque to a height of at least four feet and that otherwise
conforms to the fence requirements of the Township of Ewing. The perimeter
of the base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three feet or the lowest part of a
dish antenna, whichever is higher.
(5)
A freestanding satellite dish antenna shall not exceed
10 feet in height measured from the base to the top of the antenna
in an upright position.
(6)
Satellite dish antennas and supporting structures
shall be maintained in good physical condition and comply with all
applicable building and safety codes.
B.
Ham radio antenna. A ham radio antenna is herein defined
as a device mounted on a freestanding support structure or secured
to a roof or wall of a building and used to receive and transmit radio
communications between other terrestrially based sites. A ham radio
antenna is permitted as an accessory use to a single-family dwelling
pursuant to FCC regulations and in accordance with the following:
(1)
A freestanding ham radio antenna shall be subject
to the same location requirements as a principal building in the same
zoning district and as further provided herein, and shall not exceed
the average height of principal buildings on adjoining lots by more
than 15 feet to a maximum of 50 feet in height.
(2)
No roof-mounted antenna of any kind shall be located on any part of the roof facing the front yard of the dwelling or apartment building or exceed the height provisions of § 215-45B of this chapter.
(3)
A freestanding ham radio antenna shall be located
as close to the center of the rear yard and rear facade of a principal
building as possible without causing significant interference with
reception. A waiver may be sought from the board of jurisdiction for
a location within the required yard area of a principal building,
but in no case shall it be permitted nearer to a property line than
is allowed for accessory buildings in the zoning district. For aesthetic
and safety purposes, the rear yard shall be enclosed with a fence
that is opaque to a height of at least four feet and that otherwise
conforms to the fence requirements of the Township of Ewing. The perimeter
of the base of the supporting structure shall be landscaped with appropriate
plant materials to a height of three feet.
(4)
Ham radio antennas and supporting structures shall
be maintained in good physical condition and comply with all applicable
building and safety codes.
[Added 4-24-2001 by Ord. No. 01-08]
A.
Purpose. Pursuant to the "unmet need" requirements
of the Fair Share Housing Plan of the Ewing Township Master Plan Housing
Element, an affordable housing planned residential development may
be developed within the OP-2 and IP-1 zoned portions of Block 225.01,
Lot 1, subject to the following requirements, and further provided
that a minimum of 20% of the total dwelling units created be set aside
for occupancy by low- or moderate-income households as determined
by the Council on Affordable Housing. The Township will permit developers
of sites zoned for inclusionary development in Zones IP-1 and OP-2
to pay a fee in lieu of building low- and moderate-income units, provided
the Council determines the Township's housing element and fair share
plan provides a realistic opportunity for addressing the Township's
fair share obligation. The fee may equal the cost of subsidizing the
low- and moderate-income units that are replaced by the development
fee. For example, an inclusionary development may include a twenty-percent
set-aside, no set-aside and a fee that is the equivalent of a twenty-percent
set-aside and a combination of a fee and set-aside that is the equivalent
of a twenty-percent set-aside.
B.
Permitted housing types. The planned residential development
shall be designed as residential clusters consisting of either attached
single-family or cluster multifamily apartments.
C.
Residential density. The net residential density for
any one residential cluster shall not exceed eight dwelling units
per acre, and the overall residential density of the planned residential
development shall not exceed six dwelling units per acre.
D.
Parking. Parking shall be provided in accordance with
the Residential Site Improvement Standards, except that every attached
single-family dwelling unit shall have at least one parking space
within an enclosed garage attached to the principal building on the
lot.
E.
Preserved open space. To the greatest extent possible,
preserved open space should be designed into the planned development
where the maximum preservation of significant natural features can
be achieved without the need for extensive replacement planting. Where
new plantings are necessary, they should be shown on the landscape
plan submitted with the preliminary major site plan submission. The
landscape plan must be professionally prepared and incorporate a balanced
mix of trees and shrubs appropriate to the use of the open space.
F.
Lighting requirements for planned developments. Site
lighting shall be provided for planned developments only to the extent
that it is needed for the public safety and welfare. The number, spacing
and height of pole-mounted parking lot lighting shall be designed
to concentrate lighting where it is needed and to minimize ambient
night glow from the site. Illumination Engineers Society (IES) standards
shall be used to determine appropriate illumination levels for each
section of a planned development.
G.
Utility installations. All utilities for planned developments
shall be installed underground at a depth and at such location as
will minimize risk or interruption of services.
H.
Traffic and economic impacts. Applicants of all planned developments shall submit the following in addition to the environmental impact analysis required in § 215-83C of the Land Development Ordinance:
I.
Trash collection and recycling. All applications for approval of planned developments shall include a solid waste collection and recycling plan consistent with the requirements of § 215-64 of this chapter.
J.
Outdoor recreation. A portion of the common open space
of a planned unit or planned unit residential development equal to
an area not less than 250 square feet per dwelling unit shall be designed
and developed for active or passive recreation. Such recreation area
shall be centrally located among the residential clusters. The pedestrian
and bicycle circulation plan for the development shall link the residential
clusters to each other and to the recreation area(s). Bicycle paths
shall be appropriately signed for safety.
K.
New planned residential developments. The following
provisions shall apply to new planned residential developments:
(1)
All developments must front on a primary or secondary
collector street as indicated on the adopted Circulation Element of
the Master Plan.
(2)
Site plans shall be reviewed and approved by all service
and emergency agencies for the area. Care shall be exercised in the
plan design to facilitate traffic movements of service and emergency
equipment, the location of fire hydrants, fire zones and fire lanes,
as defined.
(3)
A comprehensive drainage water management and grading
plan shall be reviewed and approved by the Township Engineer and any
other agency which may have jurisdiction over the development, such
as the County of Mercer, the Soil Conservation Service and the Delaware
and Raritan Canal Commission. No drainage water or grading shall adversely
affect adjacent properties or public streets.
(4)
Adequate clothes washing and drying facilities shall
be located in each dwelling unit. No outside area or equipment shall
be permitted for laundering purposes.
L.
Multifamily clusters. Multifamily clusters shall comply with the requirements for cluster multifamily development pursuant to § 215-17 of this chapter, as amended, subject to the residential density limitations of this section.
M.
Homeowners' association. A homeowners' association shall be created for the planned residential development in accordance with § 215-18I of this chapter.
N.
Single-family detached housing types. Single-family
attached housing types may be of quadruplex or townhouse design, and
each unit shall be on a fee-simple lot, except that not more than
six townhouse units may be included in one building. The following
additional standards shall apply to single-family attached housing
types:
(1)
Townhouse units attached on a single linear plane
shall not exceed a length of 192 feet;
(2)
Each quadruplex unit and townhouse shall have a private
yard of at least 200 square feet;
(3)
Each townhouse unit or quadruplex unit shall be in
a one-story building, except that such a unit may have two stories,
provided that the largest bedroom is located on the first-story level
and any additional bedrooms are located on the second-story level;
(4)
A minimum of 300 square feet of storage shall be provided
for each unit in the basement, attic or other area attached to the
unit (excluding the garage). This area shall include storage for garbage
in the front of the unit, bicycles, garden equipment, barbeque equipment
and so forth; and
(5)
Accessory buildings shall be located to the rear of
the unit and be set back at least five feet from the side and rear
property lines and at least 10 feet from another principal or accessory
building.
