In applying zoning requirements, unless otherwise stated in context, words and phrases defined in Article II of this chapter shall have the meanings therein indicated.
A development permit for any principal building shall be issued
only when the building is to be built upon a lot having frontage on
a public street that satisfies either Subsection A or B below:
B.
The public street predates Township subdivision approval regulations, in which case it either has been improved as part of a public paving program or has been improved privately to a width of 26 feet as per § 115-34. Any such privately improved street section must include the frontage of the lot in question and any intervening unimproved right-of-way lying between said lot and the nearest improved Township, county or state street or road. Any such privately improved road section shall conform to grades and alignments established by or approved by the Township Engineer; be subject to inspection by the Township Engineer; and shall either;
[Amended 10-13-1998 by Ord. No. 18-1998]
No part of a yard or other open space or off-street parking
or loading space required about or in connection with any building
for the purpose of complying with this chapter shall be included as
part of a yard, open space or off-street parking or loading space
similarly required for any other building.
No yard or lot existing at the time of passage of this chapter
shall be reduced in size or area below the minimum requirements set
forth herein. Yards or lots created after the effective date of this
chapter shall meet at least the minimum requirements established by
this chapter.
Within each district, the regulations set by this chapter shall
be minimum regulations and shall apply uniformly to each class or
kind of structure or land.
The measurement of front yards shall comply with the following:
A.
In cases where an applicant for development approval can demonstrate that the existing development pattern along a special road section in the vicinity of his proposed development is less than the front yard required by this chapter, the municipal agency may establish a setback for the proposed development which is consistent with the existing development pattern. Any such deviation from required front yard setbacks in the Pinelands Area shall comply with landscape screening requirements of §§ 115-49 and 115-54B(3).
B.
In cases where an applicable comprehensive plan proposes a road right-of-way
widening, required front yard depth shall be measured from such proposed
widened right-of-way.
C.
Depth of a required front yard shall be measured at right angles
to a straight line joining the foremost points of the side lot lines.
In the case of rounded property corners at street intersections, the
foremost point of the side lot line shall be assumed to be the point
at which the side and front lot lines would have met without such
rounding.
In the case of lots having frontage on two streets running generally
parallel, front yards shall be provided along each street frontage,
unless the prevailing pattern on neighboring lots indicates otherwise,
in which case the municipal agency may adjust the required setback
as provided in § 115-65C above. In the case of corner lots,
the required front yard setback shall be observed along both street
frontages.
All buildings and structures, including radio and television
transmission and other communication facilities which are not accessory
to an otherwise permitted use, shall be subject to the height limitations
specified in the Schedule of District Requirements,[1] except that such limitations shall not apply to any of the following structures, provided that such structures are compatible with uses in the immediate vicinity and conform to the standards of § 115-54: antennas which do not exceed a height of 200 feet and which are accessory to an otherwise permitted use, silos, barns and other agricultural structures, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flagpoles and masts or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. The height of any such excepted structure above the base on which it is fixed or attached shall be no greater than the shortest distance from such base to any property line, nor shall it exceed twice the building height limitations of the district in which it is located. In the Pinelands Area, the height limitations specified in the Schedule of District Requirements shall also not apply to the antenna and any supporting structure of a local communication facility of greater than 35 feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.
If two or more lots, or combinations of lots, or portions of
lots with continuous frontage in single ownership, are of record at
the time of passage or amendment of this chapter, and if all or part
of the lots do not meet the requirements for lot width and area as
established by this chapter, the land involved shall be considered
to be an undivided parcel for the purpose of this chapter, and no
portion of said parcel shall be used or sold which does not meet lot
width and area requirements as established by this chapter, nor shall
any division of the parcel be made which leaves remaining any lot
with width or area below the requirements stated in this chapter.
Building projections, including bays, chimneys, cornices and
gutters, may extend into required yard areas for a distance not to
exceed five feet and shall not be located within 10 feet of any property
line.
In the case of irregularly shaped lots on cul-de-sac or curved
street sections, the minimum lot width specified in the schedule shall
be measured at the rear line of the required front yard area, provided
that in no case shall the distance between side lot lines be reduced
to less than 50% of the minimum lot width requirement.
