[Added 5-16-1983 by Ord.
No. 83-4]
In addition to those definitions set forth in Article I, § 580-2, the following words and phrases shall have the following meanings for purposes of this Article XVI only:
A lot which satisfies each of the requirements set forth in § 580-93, or a lot which has been developed, but which is presently nonconforming with the land use restrictions set forth in the Code of the Township of Washington.
[Amended 7-13-1987 by Ord. No. 87-6]
Any area covered by a building, pavement, concrete or other
artificial structure or substance, and includes rock, wood and other
natural substances placed or arranged on the lot by human effort,
but does not include plants or trees. This phrase also includes any
overhanging portion of a roof or similar building component.
Enclosed, finished area suitable for human habitation. This
phrase does not include any porch, cellar, attic or garage or any
area not fully enclosed with nonporous walls and ceiling.
A roofed, enclosed structure which is less than six feet
in height, occupies a surface area of less than 36 square feet and
which is not suitable for use as a dwelling.
No lot shall be eligible for development under this article
unless all of the following requirements are satisfied:
A.
The lot was in existence as a separate lot on the Tax Assessment
Map of the Township of Washington at the time of enactment of this
article.
B.
The lot is incapable of development for any permitted purpose solely
by reason of the land use restrictions set forth in the Code of the
Township of Washington, resulting in the lot's being nonconforming.
C.
The lot was in existence as a separate lot at the time of enactment
of the earliest land use restriction which rendered the lot nonconforming.
D.
At the time of adoption of the earliest land use restriction rendering
the lot nonconforming and at all times subsequent thereto, no legal
or equitable owner of the lot has simultaneously held legal or equitable
title to any contiguous land.
E.
Neither the owner of the lot nor any of said owner's predecessors
in title created the nonconforming condition of the lot or caused
self-inflicted hardship on the lot, however evidenced.
F.
The owner shall have transmitted by certified mail, return receipt
requested, no more than 90 days nor less than 30 days before filing
an application for development under this article with the Planning
Board, a good-faith written offer to sell the lot for a fair and reasonable
price to each owner of contiguous land.
G.
The owner shall have transmitted by certified mail, return receipt
requested, no more than 90 days nor less than 30 days before filing
an application for development under this article with the Planning
Board, a good-faith written offer to purchase any additional contiguous
land which, if purchased by the owner and combined with the lot, would
reduce the lot's nonconformity with any land use restriction of the
Township of Washington governing said lot; provided, however, that
such purchase would not result in rendering the contiguous land nonconforming
with any land use restriction of the Township of Washington governing
such land.
A.
The owner of an eligible lot who wishes to develop same, or to modify, alter or expand any existing structures thereon, shall cause an application for a conditional use under this article to be filed with the Planning Board of the Township of Washington in such form as may be fixed by the Planning Board, such application to include renderings and architectural plans for the proposed development, modification, alteration or addition which shall form part of any approval granted by the Planning Board. Such application shall comply with any ordinance of the Township of Washington governing minor site plan review, as well as being subject to notice and a hearing as described in Article V and VI of Chapter 540, Land Development, of the Code of the Township of Washington. In the case of any owner of any eligible lot who wishes to develop same, such application shall provide data as to the eligibility of the lot under § 580-93.
[Amended 7-13-1987 by Ord. No. 87-6]
B.
The Planning Board shall review all applications under this article in accordance with applicable law. Only in the event that the Planning Board finds that the lot is an eligible lot under § 580-93 shall it grant the application for development as a conditional use according to the specifications and standards set forth in § 580-95. The Planning Board shall have the authority to relax any of the specifications and standards set forth in this chapter in appropriate circumstances.
A.
Maximum coverage. The proposed building, including any overhanging
or projecting roof, may not cover more than 20% of the total area
of the lot.
B.
Impervious surface coverage. No more than 30% of the lot may be covered
by any impervious surface.
C.
Maximum height. The maximum height permitted pursuant to § 580-23 or other applicable provisions of the Code of the Township of Washington shall be reduced by a percentage equal to the street frontage of the lot divided by the street frontage otherwise required in the applicable zone, or the height of any one-family home located on a lot contiguous with the eligible lot, whichever height is less. In no event shall the maximum height be reduced to less than 16 feet. The maximum height provided under § 580-23 or other applicable provisions of the Code of the Township of Washington shall not be increased by virtue of this provision.
[Amended 4-8-1985 by Ord.
No. 85-4]
D.
Minimum requirements.
(1)
Minimum front yard. The foregoing notwithstanding, no front yard
shall be less than the front yard required in the zone in which the
eligible lot is located.
(2)
Distance between buildings. The foregoing notwithstanding, no building
on an eligible lot shall be closer to an existing building on an adjoining
lot than 20 feet.
(3)
Minimum side yard. The foregoing notwithstanding, no side yard shall
be less than 10 feet.
(4)
Minimum rear yard. The foregoing notwithstanding, no rear yard shall
be less than 20 feet.
(5)
Parking. Each building shall have an attached garage with sufficient
area to accommodate one automobile per dwelling unit.
(6)
Preservation of environment and aesthetics. If the construction of
any building or other structure causes the destruction of one or more
trees of over six feet in height, the owner shall plant and maintain
no less than one tree for every three such trees so destroyed. The
type and height of the trees so planted and maintained need not be
the same as those destroyed. Further, any building or other structure
shall conform, to the extent permitted by law, to the physical character
and architectural style of the area in which same is located.
(7)
Angle of light obstruction. The angle of elevation of the highest
point of any building or other structure shall not exceed 45°
when measured from the existing surface level of the following:
(8)
Accessory buildings. The owner may erect one detached small accessory structure on the lot in addition to the building containing the dwelling unit or units. The owner shall not erect any other detached building or structure on the lot. This restriction does not apply to the attached garage required under Subsection D(5) hereof. This restriction does not apply to a pool, deck area or other similar area which is not covered by a roof.
(9)
Minimum living floor space. The dwelling shall contain not less than
600 square feet of living floor space if a one-story structure and
not less than 800 square feet of living floor space if a two-story
structure. No dwelling shall contain less than 300 square feet of
living floor space for each intended occupant.
(10)
Other conditions. Such other conditions as may be prescribed
by law.
[Added 6-20-2022 by Ord. No. 22-11]
A.
Places of worship and uses accessory to places of worship as defined in Subsection B of this section and which are located on the same site as a place of worship are permitted as a conditional use in the A, B, C, AA, AAA, and O-R zone districts. Places of worship and related accessory uses shall comply with the conditional use standards and requirements set forth in Subsection C of this section unless otherwise specified.
B.
Accessory uses.
(1)
Clergy residence. The home of a member of the clergy or religious
leader of the place of worship. A clergy residence may be an apartment,
group of rooms, or other residences for the clergy or religious leader.
The clergy residence may be in the same building as the place of worship
or in a separate building. If on the same lot as the place of worship,
it shall be considered an accessory use to the place of worship and
subject to the conditions and requirements of this section. If on
a separate lot, it shall be considered a single-family residence and
subject to the requirements of the district in which it is located.
(2)
Educational facility. A facility or facilities for private education
and instruction associated with a place of worship, including, but
not be limited to, after-school learning or religious instruction.
An educational facility related to a place of worship may be within
the same building as the place of worship or in a separate building
but shall be on the same lot as the place of worship and subject to
the standards and requirements of this section.
(3)
Social facility. A facility or facilities for social functions
associated with the place of worship, including, but not limited to,
weddings, funerals, bar/bat mitzvahs, dances, banquets, dinners and
other similar events. A social facility related to a place of worship
may be within the same building as the place of worship or in a separate
building but shall be on the same lot as the place of worship and
subject to the standards and requirements of this section.
C.
Standards and conditions. A place of worship shall be subject to
the following standards and conditions:
(1)
The required minimum lot area shall be:
(a)
Place of worship without an educational or social facility:
two acres. The minimum lot area shall be increased as follows and
shall be cumulative for the number of accessory uses included with
the place of worship:
[1]
An additional 1/2 acre for a place of worship with
a separate clergy residence building located on the same lot.
[2]
An additional one acre for an educational facility
within the same building as the place of worship or an additional
two acres for an educational facility in a separate building.
[3]
An additional two acres for a social facility within
the same building as the place of worship or an additional three acres
for a social facility in a separate building.
(2)
The required minimum lot frontage shall be 200 feet.
(3)
No one building shall occupy an area greater than 20% of the
area of the lot upon which it is built, and the maximum permitted
lot coverage by all buildings combined shall be 35%.
(4)
The minimum front yard setback shall be 60 feet.
(5)
Minimum side yard setback: not less than the height of the tallest
building or structure, or 25 feet, whichever is greater.
(6)
Minimum rear yard setback: not less than the height of the tallest
building or structure, or 60 feet, whichever is greater.
(7)
A separate clergy residence building located on the same lot
as a place of worship shall conform to the setback requirements of
the district within which the place of worship is located.
(8)
Maximum height: two stories and 45 feet, except that the clergy
residence located in a separate building shall conform to the height
requirements of the district in which it is located, but no more than
35 feet in height. This limitation shall not apply to steeples, towers,
domes, cupolas and chimneys, provided that the aggregate horizontal
area of such parts shall not exceed 10% of the ground area covered
by the building.
(9)
Parking. One parking space per three fixed seats or one parking
space per 50 square feet of nonfixed seats in assembly area of the
place of worship, whichever is greater. Additional parking shall be
provided as follows:
(a)
Clergy residence: two spaces.
(b)
Educational facilities: 1.5 spaces for each teacher or instructor.
Educational facilities open for evening instruction shall provide
two spaces for every three students plus one space for each teacher
or instructor.
(c)
Social facilities: one parking space for every three fixed seats;
or one parking space per 50 square feet of nonfixed seats in the assembly
area; or one parking space per three persons based on the maximum
capacity of the facility as determined by the Fire Department Occupancy
Load Code, whichever of these is greater.
(10)
No parking shall be permitted in the front yard or within 20
feet of any residential use.
(11)
A landscaped buffer shall be provided around the entire length
of side and rear property lines, except where access drives or walkways
traverse this reserved strip. The minimum landscape buffer widths
shall be as follows:
(12)
The organization shall be a bona fide nonprofit religious group
organized primarily for the benefit of its membership, and such other
activities normally carried on by religious groups.
(13)
The organization has been granted exemption from taxation under
the laws of both the State of New Jersey and the United States.
(14)
The organization will not engage in sales of products or materials
to the general public or otherwise engage in activities normally carried
on as a business or commercial activity, except that:
(a)
The premises may be made available on a rental basis for meetings
of other groups, private social functions, and similar events.
(b)
The organization may conduct intermittent commercial activities
open to the general public designed solely to raise funds to support
the purposes of the organization or for related or affiliated organizations
with charitable, educational or religious purposes, provided such
activities are conducted inside of a building or structure.
(c)
Sale of religious articles or items having a relation to the
cultural or ethnic background of the members of the faith are permitted
on a continuous basis, provided that such sales are conducted inside
the building or structure.
D.
Other requirements.
(1)
Lighting. Lighting shall conform to the requirements of the
Township land use regulations. All exterior lighting except that required
for security shall be turned off between 10:00 p.m. and 6:00 a.m.
(2)
No outdoor recreation areas shall be permitted within 50 feet
of property line.
(3)
There shall be no outdoor activities after 10:00 p.m.
E.
The applicant for a house of worship shall submit a list of proposed
activities and anticipated participants, a timetable reflecting the
hours in which each building will be used, and any other pertinent
uses and activities intended to take place on the site.
F.
Reconstruction of a place of worship: Notwithstanding any provisions
of this chapter to the contrary, in the case of an accidental partial
or complete destruction of a place of worship or rectories or parish
houses or convents, the structure or building so destroyed may be
reconstructed on the same site and as it existed prior to the accidental
destruction, even though it may not conform to all the conditions
of that conditional use for that zone. The phrase "reconstructed .
. . as it existed" for the purposes of this subsection shall be deemed
to mean that the structure or building may be reconstructed with ground
coverage not in excess of that of the former building or structure
and with usable floor space on all floors not in excess of that which
existed in the former building or structure, and with a height not
to exceed that which existed in the former building or structure.
It shall not be necessary that the replacement be identical to the
former structure in any other particulars, provided that the replacement
shall be no less conforming to this chapter than the former structure.
