A.
No building or structure shall be erected and no existing building
or structure shall be moved, altered, added to or enlarged, nor shall
any land or building be designated, used or intended to be used, for
any purpose or in any manner other than as specified among the uses
hereinafter listed as permitted in the zone in which such building
or land is located.
B.
No building or structure shall be erected, reconstructed or structurally
altered to exceed in height the limit hereinafter designated for the
zone in which such building or structure is located.
C.
No building or structure shall be erected, no existing buildings
or structures shall be altered, enlarged or rebuilt, nor shall any
open space surrounding any building be encroached upon or reduced
in any manner except in conformity with the area, bulk and yard requirements
and other regulations hereinafter designated for the zone in which
such building or open space is located.
D.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this Part VI considered as providing
a yard or other open space on one lot shall be considered as providing
a yard or open space for a building on any other lot.
E.
No minimum off-street parking area, loading or unloading area shall
be considered as providing off-street parking, loading or unloading
area for a use or structure of any other lot, except as provided herein.
F.
No land in a residential zone shall be used to fulfill open space,
minimum area, minimum yard and setback requirements, parking or other
similar requirements for uses in nonresidential zones. Vehicle access
for nonresidential uses shall not traverse a single-family residential
zone and shall be directly from a street specified as a primary or
secondary collector road as shown in the duly adopted Master Plan
of the Township of Knowlton.
G.
Not more than one principal structure or use shall be permitted on
a lot; this requirement shall not apply to planned development and
store groups where permitted nor to certain permitted accessory uses
which are specifically permitted in certain zones.
[Amended 6-12-2000 by Ord. No. 00-10]
H.
Accessory buildings and structures not to be constructed prior to
principal building. No construction permit shall be issued for the
construction of any accessory building or structure prior to the issuance
of a construction permit for the principal building.[1]
[Added 4-23-1998 by Ord. No. 98-3]
[1]
Editor's Note: Former Subsection I, regarding creation of
certain new lots of less than one acre, added 6-12-2000 by Ord. No.
00-10, which immediately followed this subsection, was repealed 12-22-2005
by Ord. No. 05-22.
[Amended 4-27-1995 by Ord. No. 95-5]
Either one sales or one construction trailer shall be permitted
on the site. The trailer shall be removed after the sale or construction
of the final unit and must be shown on the site plan of the preliminary
plat.
At all street intersections, no obstruction to vision exceeding
30 inches in height above the established grade of the street at the
property line shall be erected or maintained on any lot within the
area bounded by the line drawn between points along such street lot
line or their extension thereof 30 feet distant from their intersection.
Every yard of a corner lot which abuts a street shall be considered
a front yard, and the front yard setback requirements for the zone
in which the lot is situated shall be complied with on every street
frontage, except in the Commercial Zones, where the side yard shall
be 1/2 of the corner front yard setback. The rear yard shall be determined
and located opposite the front entrance of the structure. The remaining
yard shall be considered a side yard.
Where a lot which is not a corner lot fronts on more than one
street, every yard which abuts a street shall be considered a front
yard, and the front yard setback requirements for the zone in which
the lot is situated shall be complied with on every street frontage.
In the case of a lot running through from one street to another, the
frontage of such lot, for the purposes of this Part VI, shall be considered
that frontage upon which the majority of the buildings in the same
block front, but in case there has been no clearly defined frontage
established, the owner may, when applying for a building permit, specify
on his or her permit application which lot line shall be considered
the front lot line.
[Amended 6-12-2000 by Ord. No. 00-10]
Every principal building shall be built upon a lot with the
minimum required frontage on an improved and approved street in accordance
with the street standards established by the Township of Knowlton,
except as permitted in the FP Zone.
In all zones, except FPZ, both the lot frontage and the lot
width shall be as shown on the Table of Bulk Requirements[1] for the zone under the requirement for minimum lot width
on cul-de-sac. Lot frontage shall be measured on the right-of-way
line. Lot width shall be measured at the setback line.
[1]
Editor's Note: Former Appendix 1, Bulk Requirements for Preexisting
Lots, was repealed 10-26-1995 by Ord. No. 95-10.
A.
General height application. No building or structure shall have a
greater number of stories or greater number of feet than are permitted
in the zone where such building or structure is located.
B.
Permitted height exceptions.
(1)
Height limitations stipulated elsewhere in this chapter shall not
apply to churches, spires, belfries, cupolas and domes, monuments,
historic edifices, chimneys, flagpoles, private radio and television
antennas (excluding parabolic and satellite dishes) and fire towers,
any of which is attached to the principal structure. Utility poles,
wires, light stanchions and telephone poles are also exempt. Essential
services are also exempt. All freestanding exceptions shall be considered
as accessory structures.
(2)
Permitted exceptions listed under Subsection B(1) above, when freestanding and not attached to the principal structure, shall be limited to a height equal to the distance of the freestanding structure to the closest lot line.
(3)
Mechanical appurtenances such as condensers, elevator penthouses,
exhaust fans, air-conditioning equipment and other similar equipment
are exempt from these height restrictions, provided that they do not
extend more than 10 feet above the maximum height limitations, cover
no more than 10% of the roof area and are properly shielded by a parapet
wall.
A.
Unobstructed yards. Required yards shall be open to the sky, unobstructed
except for the ordinary projection of parapets, windowsills, doorposts,
rainwater leaders and similar ornamental or structural fixtures which
may not project more than one foot into such yards or as may otherwise
be permitted in this chapter. Parking is permitted except where otherwise
prohibited by this Part VI.
B.
Projections. Cornices, eaves, bay windows, balconies and uncovered
stairways may project not more than two feet into any required yard.
C.
Patios, decks and barbecues. Patios, decks and/or outdoor barbecues
must be erected within the building envelope.
[Amended 12-22-2005 by Ord. No. 05-22]
D.
Yards. No open space provided around any principal building for the
purpose of complying with front, side or rear yard provisions shall
be considered as providing the yard provisions of another principal
building. On a lot which extends through a block in a manner resulting
in frontage on two or more streets, including corner lots, the building
setback from each street shall not be less than the required front
yard.
E.
Front yard requirements affected by Official Map or Master Plan.
Where any lot fronts on a street right-of-way which is proposed to
be widened as indicated on the Official Map of the Township of Knowlton
or Master Plan of Warren County or by the State of New Jersey, as
adopted by the appropriate agency pursuant to law, the front and rear
yard of any interior lot or side yard of a corner lot in such zone
shall be measured from such proposed future right-of-way line.
A.
Except in the FP Zone, any corner lot delineated by subdivision after
adoption of this chapter shall provide a side street setback line
which shall be the same as the minimum front yard required on any
adjoining lot fronting on the side street. Parking may be permitted
within this area not closer than 20 feet to a right-of-way line.
B.
A corner lot plotted on the township's Tax Maps as the lot existed at the time of adoption of this chapter or any corner lot shown on any subdivision plat which received approval prior to the adoption of this chapter, in which the application of Subsection A above would render said lot unbuildable, on approval of the Approving Board, may be permitted to encroach into one or both of the required side yards or front yard, as the case may be, in such a manner as the Approving Board may decide is consistent with the objectives of good planning and zoning, provided that it can be done without any adverse effect on any adjacent lots.
A.
Maximum lot coverage. The maximum lot coverage on each lot shall
not be greater than is permitted in the zone where such buildings
and structures are located and shall include all porches, chimneys,
overhangs such as cornices, eaves, bay windows, balconies and uncovered
stairways, extensions and accessory buildings and structures.
B.
Maximum improved lot coverage. In all zones, in connection with every
industrial business, institutional, recreational, residential or other
use, the maximum permitted lot coverage of principal and accessory
buildings and structures and improved areas, including off-street
parking and loading areas, driveways and other impervious surfaces,
shall not exceed that percentage set forth in applicable zone district
bulk requirements.
A.
No use, other than agriculture, shall be permitted on any lot on
which there is no principal building or structure.
[Amended 4-27-1995 by Ord. No. 95-5]
B.
Only one principal building may be erected on a lot except for related,
compatible buildings constituting one basic use or operation, under
one management and limited to the following:
C.
Unless otherwise regulated in this chapter, the principal building
as permitted herein shall be at least 30 feet from another principal
building situated on the same lot, and no principal building shall
be located closer to the front, rear or side yard line than the minimum
distance required by the zone district.
A.
Continuation of use. A use, building or structure lawfully in existence
at the effective date of this chapter, which shall be made nonconforming
at the passage of this chapter or any applicable amendment thereto,
may be continued except as otherwise provided in this section.
B.
Regulation of nonconforming uses.
(1)
No existing building or structure devoted to a nonconforming use
shall be enlarged, extended, reconstructed, substituted or structurally
altered except when changed to a conforming use or when required to
do so by law and as follows:
(a)
Restoration. Any nonconforming use or structure partially damaged
by fire, casualty or act of God may be repaired, restored, reconstructed
or used as before, provided that the area of such use, building or
structure shall not exceed the area which existed prior to such damage.
All repairs shall be commenced within one year after damage occurs
and shall be completed within two years of such date, or such use
shall not be rebuilt except as a conforming use.
(b)
Repairs. Normal maintenance and repair of a structure containing
a nonconforming use is permitted, provided that it does not extend
the area or volume of space occupied by the nonconforming use and
does not increase the number of dwelling units.
(c)
Reconstruction. When a nonconforming structure or use is totally
destroyed or damaged by fire or other casualty or an act of God, the
nonconforming structure or use shall thereafter be terminated.
(2)
Nothing in this chapter shall prevent the strengthening or restoring
to a safe or lawful condition any part of any building or structure
declared unsafe or unlawful by the Construction Official or other
authorized state or township official.
C.
Termination of nonconforming uses.
(1)
Termination. In the event that any significant changes are made to
a nonconforming use, which would be indicative of an intent to abandon
the nonconforming use, then the rights to the nonconforming use shall
be terminated.
(2)
Nonconforming buildings lawfully under construction. Any nonconforming
structure or use lawfully under construction on the effective date
of this chapter pursuant to plans filed with the Construction Official,
and approved by the official and all other township boards and agencies
as required under law, may be completed and may be used for the nonconforming
use for which it was designed, to the same extent as if such building
has been completed and was in use on the effective date of this chapter.
D.
Other considerations.
(1)
The determination as to whether the structure or use has been partially
or totally destroyed or damaged shall be made by the Construction
Official. The applicant may appeal that determination to the Zoning
Board of Adjustment pursuant to law.[1]
[1]
Editor's Note: Former Subsection D(2) through (5), as amended,
pertaining to preexisting lots which are conforming at the time of
their creation, existing lots with single-family structures which
do not abut a public road and improved lots in residential zones which
exist as isolated lots, was repealed 10-26-1995 by Ord. No. 95-10.
E.
Preexisting residential and residentially developed lots of less
than 60,000 square feet in the FP Zone.
[Added 10-26-1995 by Ord. No. 95-10; amended 6-12-2000 by Ord. No.
00-10]
(1)
Notwithstanding any of the provisions of this chapter, preexisting residential and residentially developed lots in the FP Zone may be developed with a single-family residence and residential accessory structures in accordance with the bulk requirement standards of this zone in § 11-296 with the exception of lot size.
(2)
No further subdivision of any lot shall be permitted.
F.
Preexisting residential and residentially developed lots of less
than one acre in the AR Zone and less than 1/2 acre in the VR Zone.
Notwithstanding any of the provisions of this chapter, preexisting
residential and residentially developed lots in these zones may be
developed with a single-family residence and residential accessory
structures subject to the following standards:
(1)
Minimum front yard: 30 feet and in alignment or consistent with adjacent
preexisting single-family dwellings.
(2)
Minimum side yard (both): 20% of lot width.
(3)
Minimum rear yard: 40 feet.
(4)
Minimum accessory structure setbacks as required in the AR 1 and
the VR Zones are applicable.
(5)
No further subdivision of any lot shall be permitted.
Fences or walls in excess of 30 inches in height shall be considered
as accessory uses to a principal permitted use and are permitted in
all residential zones in accordance with the standards set forth below.
A.
Type of fence or wall and degree of transparency are described below.
Table VI-1
| ||
---|---|---|
Degree of Transparency1
| ||
Solid
(50% or more solid)
|
Semitransparent
(25% up to 50%)
|
Transparent
(Up to 25%)
|
Solid picket
|
1 x 2 wood screen
|
Split rail
|
Board
|
Contemporary
|
Contemporary
|
Board and batten
|
Picket
|
Rail
|
Louver panel
|
Cinder or concrete block
|
Wire mesh
|
Staggered board panel 1 X 4 wood screen, brick Cinder or concrete
block
|
Rail and wire mesh
|
NOTES:
| |
---|---|
1
|
"Transparency" is defined as the total area of solid elements
divided by total area of fence. Translucent, transparent or clear
plastic or similar materials shall be considered as solid elements.
|
B.
Residential zone maximum height and location of fences or walls are
described below.
Table VI-2
| ||
---|---|---|
Fence or Wall Height and Location
| ||
Type
|
Maximum Height
(feet)
|
Location
|
Solid
|
6
|
Not to extend beyond rear building line; anywhere between rear
building and side and rear lot lines. Such fences or walls may extend
alongside and rear property lines.
|
Semitransparent
|
6
|
Not to extend beyond front building line; anywhere between building
and side and rear lot lines. Such fences or walls may extend alongside
and rear property line.
|
Transparent
|
4
|
Anywhere on the lot up to the lot lines.
|
C.
Nonresidential zone maximum height and location of fences or walls
are described below.
Table VI-3
| ||
---|---|---|
Fence or Wall Height and Location
| ||
Type
|
Maximum Height
(feet)
|
Location
|
Solid
|
8
|
Not to exceed beyond rear building line; anywhere between rear
building line and side and rear lot lines. Such fences may extend
alongside and rear property lines.
|
Semitransparent
|
8
|
Not to extend beyond the front building lines; anywhere between
building and side and rear lot lines. Such fences may extend alongside
and rear property lines.
|
Transparent
|
8
|
Anywhere on the lot up to the lot lines.
|
D.
General regulations.
(1)
Landscaping is not defined as a fence or wall for the purposes of
this section and, therefore, does not require a permit.
(2)
Corner lots. On corner lots, no wall or fence shall be located closer
than the required front yard setback for that zone from any street
right-of-way line for that zone.
(3)
Obstruction to vision. No fence, wall or landscaping shall be so
constructed or installed so as to constitute a hazard to traffic or
safety.
(4)
Notwithstanding any of the provisions set forth in Table VI-2 above,
a fence up to four feet in height which is at least 50% transparent
may be constructed in the front yard of any residential zone.
(5)
Site plans are required in nonresidential zones, but may be waived
by the Approving Board.
(6)
No fence or wall shall be constructed with barbed wire, metal spikes
or other dangerous material or constructed in such a manner as to
be dangerous to animals or humans.
(7)
Fences used for agricultural purposes shall be exempt from this section.
(8)
The finished side of any fence shall face the adjacent property or
right-of-way.