This zone is primarily intended for single-family residential
uses. The following uses are also permitted:
A. Agriculture on a lot of five acres or more, provided that any animal,
other than cattle, horses and ponies, shall be kept at a distance
of at least 100 feet from any property line. The above provisions
shall not be construed to permit commercial piggeries and fur farms.
The regulations in this section shall not apply to house pets. Provided
that the lot involved consists of five acres or more, the keeping
of one horse for riding purposes is permitted. The keeping of one
additional horse for riding purposes is permitted for each one acre
in the lot involved over the minimum of five acres.
B. The sale of farm produce grown or produced on the same property,
provided that said property has an area of at least five acres.
C. Not more than two roomers or boarders per family unit, except that,
where the premises are actually used for farming purposes, not more
than six farmhands employed on the premises may be permitted as roomers
or boarders.
D. All public buildings and public or institutional uses, but the procedure set forth in Article
VII must be followed.
E. Signs conforming to Article
VI.
F. Parking and parking facilities conforming to Article
V.
G. Temporary permits as regulated in §
105-27.
H. Professional offices.
(1) The office of a professional person, limited to architects, doctors,
dentists, engineers, lawyers, accountants, insurance or real estate
brokers or agents, music teachers, photographers and artists and the
like, provided that such professional person resides on the premises.
No more than two persons, other than a resident of the premises, may
be employed by such professional person, and not more than 1/2 of
the floor area of one story or the basement shall be devoted to such
use. No merchandise or materials, either assembled or unassembled,
may be received into a residence for the purpose of assembling, fabricating,
storing or reselling. No use permitted by this section shall result
in any permitted professional use operating in this zone in other
than a building strictly residential in appearance. Except for permitted
signs, there shall be no physical evidence of said use visible from
the exterior of the building so used.
[Amended 8-7-1989 by Ord. No. 6-89]
(2) Business or commercial telephones may be listed and installed and
telephones may be used for business purposes by an individual residing
on the premises, provided that business and commercial uses not otherwise
permitted in the zone are conducted solely by telephone by such individuals.
The premises so used under the provisions of this subsection shall
otherwise conform, in appearance, design and use, to those otherwise
permitted in the zone. No sign shall be erected on the premises advertising
the business being conducted, except such signs as are otherwise permitted,
under the terms of this chapter, in this zone. If the conduct of the
business by telephone shall legally require the erection of signs
for a use which is not otherwise permitted within the zone, such limited
business use of the premises is prohibited.
(3) In addition to professional offices, such other nonresidential activities may be permitted as meet the performance requirements outlined in the definition in §
105-4. Where a home occupation is carried out in an accessory structure, not a part of the principal residence, that structure shall meet the following conditions in addition to those outlined above and elsewhere in this chapter:
[Added 12-7-1992 by Ord. No. 25-92]
(a)
The area of the accessory building devoted to the home occupation
shall consist of no more than 50% of the gross living area of any
one floor of the existing living space within the principal residence,
not to exceed 1,000 square feet. The accessory building shall be set
back from all property lines in accordance with the requirements for
principal structures in the zone but shall not be permitted to exceed
the permitted height for accessory structures.
(b)
Storage of hazardous materials beyond those customarily incidental
to residential use is expressly prohibited.
(c)
There shall be no sanitary facilities in such accessory structure.
(d)
There shall be no separate street access to any such accessory
building used for home occupation. All access shall be from the driveway
serving the residence.
(e)
Exterior lighting shall be limited to that normally associated
with the residence.
(f)
There shall be no exterior evidence of business activity being
conducted on the premises. For example, there shall be no motor vehicle
repair or external equipment storage.
J. Accessory uses customarily incident to the above uses, provided that they do not include any activity commonly conducted for profit, except in connection with Subsections
A,
B,
H and
I above.
[Added 6-10-1996 by Ord. No. 96-10]
The following conditional uses are permitted in the R-1 Zone:
A. Accessory housing. Any such unit constructed shall meet all the following
requirements:
(1)
The principal dwelling shall be occupied by a family member.
(2)
The occupant of any such unit shall be a family member and no
longer able to live independently.
(3)
The property owner/occupant shall annually (on or before the
first business day of the calendar year) certify that the occupant
of the unit is the person or persons originally approved for the unit.
(4)
The lot shall be conforming in the zone.
(5)
The septic system shall be certified by the Board of Health
to be adequate to sustain both uses.
(6)
Adequate on-site parking be available.
(7)
A bond, meeting the provisions of the Municipal Land Use Law, shall be provided to cover the cost of restoring the dwelling
to single-family use once the accessory unit is discontinued.
(8)
If the unit is constructed within an existing dwelling, it shall
only be accessible through a common entrance.
(9)
If the unit is an elder cottage housing opportunity (ECHO) unit,
it shall meet the following:
(a)
All bulk requirements including, without limitations impervious
coverage, setbacks.
(c)
Septic and water utility service shall be drawn from that of
the principal dwelling, although separate electric, telephone and
cable television service is permitted.
(d)
The ECHO unit shall be buffered as deemed necessary by the Planning
Board. Said screening or buffering shall be designed to minimize visual
impact on adjacent properties.
(e)
No such unit shall be larger than 1/2 the square footage of
the principal dwelling on site.
[Amended 9-6-2007 by Ord. No. 07-10]
(10)
An application for installation of an accessory housing unit
shall be made to the Planning Board. Said application shall be considered
a minor site plan.
(11)
All applications for introduction of or amendment to an accessory unit shall require notice. Said notice shall be made in accordance with the provisions of §
72-29 of the Code of the Town of Liberty.
B. Communications facilities.
[Added 11-4-1999 by Ord. No. 99-12]
(1)
Definition. A communications facility is a commercial facility
selling transmitting/receiving air time, customary support facilities,
access and security facilities.
(2)
Area, bulk and yard requirements.
(a)
Minimum lot area: two acres.
(b)
Minimum front yard setback: 90 feet or the height of the structure,
whichever is greater.
(c)
Minimum rear yard setback: 90 feet or the height of the structure,
whichever is greater.
(d)
Minimum side yard setback: 90 feet or the height of the structure,
whichever is greater.
(e)
Maximum height of structure: 90 feet, except where more than
one set of commercial transmitting/receiving antennas are collocated
on a tower, the total height of the tower shall be not greater than
120 feet. This shall be measured as the overall height, including
antennas.
(3)
Locations permitted. Communications facilities are permitted
in the R-1 and R-3 Zones as delineated on the zoning map and subject to the following
conditions:
(a)
Site plan approval by the Liberty Planning Board shall be required.
(b)
In the event that such communications facilities are abandoned
or not operated for a period of one year, the same shall be removed,
at the option of the Township, at the sole expense of the operator.
(c)
Noise levels at any property line, shall be not more than 50
decibels.
(d)
Site lighting shall be oriented inward toward the site to avoid
off-site impact.
(e)
Any access to a communications facility shall conform to the
driveway provisions of the Liberty Township Code.
(f)
Any generator located on the site shall be within an equipment
structure. All fuel shall be contained in accordance with New Jersey
Department of Environmental Protection requirements.
(g)
Site clearing shall be minimized to preclude the removal of
vegetation beyond that necessary to install and maintain the facility.
(h)
No tower shall be of such height as to require flashing lights
such as air navigation markers.
(i)
No tower shall be located at an elevation of less than 900 feet
above mean sea level (MSL) per the United States Coast and Geodetic
Survey.
(j)
All installations shall be fenced to secure the operation site.
The following requirements must be complied with in the R-1
Zone:
A. Height. The height of a principal structure shall not exceed 2 1/2 stories or 35 feet, whichever is the lesser. The height of an accessory structure is regulated in §
105-6.
B. Front yard. There shall be a front yard of not less than 100 feet
from the center line of state and county roads and 90 feet from the
center line of Township roads.
C. Side yards. There shall be two side yards, and no side yard shall
be less than 35 feet.
[Amended 12-6-2001 by Ord. No. 2001-8]
D. Rear yard. There shall be a rear yard of not less than 50 feet.
E. Corner lots. Corner lots shall have an average depth, measured from
each street, of not less than 200 feet.
F. Minimum lot width. The minimum lot width at the building setback
line shall be 200 feet.
[Amended 6-3-1991 by Ord. No. 8-91; 12-18-1997 by Ord. No. 97-17]
G. Maximum building coverage. The total ground floor area of all buildings
shall not exceed 20% of the total lot area.
I. Minimum lot area. There shall be a minimum lot area of two acres.
[Amended 12-18-1997 by Ord. No. 97-17]