The following modifications to the requirements of this chapter
are permitted under the terms and specifications herein stated.
A. Existing zone lots of record. Any parcel of land with an area or
dimension less than that prescribed for a lot in the zone in which
such lot is located, which parcel was in existence on June 30, 1969,
and whose owners since that date have not subdivided that parcel nor
owned any adjoining land, may be used as a lot for any purpose permitted
in the zone, provided that all other regulations prescribed for the
zone by this chapter are complied with, and further provided that
no lot less than 5,000 square feet in area or less than 50 feet of
frontage shall be used.
B. Projection. Chimneys, cornices or eaves may project into any front,
side or rear yard not more than 24 inches, provided the total area
of the projection does not exceed nine square feet. An open or lattice-enclosed
fire escape or fireproof outside stairway may project into any yard
not more than 25% of the distance from the building wall to the lot
line. There shall be no other projections into yards of more than
four feet. Under no circumstances shall any projection be closer to
any lot line than two feet in any residential zone.
[Amended by Ord. No. 475-2001]
Except as hereinafter provided, the following general regulations
shall apply in all zones:
A. General. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in §
450-7, Schedule of District Regulations, nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and all other regulations designated in the schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and the building permit and all other permits, including the certificate of occupancy shall become null and void.
(1) Uniformity. 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.
(2) Existing lots. A lot failing to meet the district requirements for
area or width and which is demonstrated to have been of public record
and not contiguous to other land in the same ownership at the time
of enactment of this chapter may be used for a permitted use in the
district in which it is located only upon the issuance of a variance
by the Planning and Zoning Board after public hearing and a showing
by the applicant that he cannot reasonably obtain additional space
to meet ordinance requirements. Any variance granted under this section
shall constitute the minimum adjustment necessary to permit a reasonable
use of the lot.
(3) Contiguous lots. If two or more lots or combinations of lots or portions
of lots with contiguous 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 lands involved shall be considered
to be an undivided parcel for the purpose of this chapter and no portion
of the parcel shall be used or sold which does not meet lot width
and area requirements established by this chapter, nor shall any division
of the parcel be made which leaves any remaining lot with width or
area below the requirement stated in this chapter.
(4) Corner lots. Building setback lines for a corner lot shall be the
same as required on the adjoining lot along either block.
(5) Lot coverage. The building area of all roofed structures and buildings
shall be included in the determination.
(6) Height exceptions. All buildings and structures shall be subject
to height limitations specified in the Schedule of District Regulations except: chimneys, spires, towers, elevator penthouses,
tanks, antennas, and flagpoles. The height of any structure above
the base on which it is fixed or attached shall not be greater than
the shortest distance from such base to any property lines. The foregoing
does not pertain to transmission towers and associated right-of-way
widths which are to be determined by standards in the National Electric
Safety Code. Agricultural buildings not intended for human occupancy
shall not be subject to the building height limitations.
B. Frontage on a public street. Every principal building shall be built upon a lot with frontage on a public street which has been improved to meet the approval of the Township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the provisions of Chapter
400, Subdivision of Land and Site Plan Review.
C. Conflict with Master Plan or Official Map. Where a lot has frontage
upon a street which, on the Master Plan or Official Map of the Township,
is proposed for right-of-way widening, the required front yard area
shall be measured from such proposed right-of-way line.
D. Yards. All yards facing on a public street shall be considered front
yards and shall conform to the minimum front yard requirements for
the zone in which located.
(1) Yard reduction prohibited. 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 section shall meet the minimum requirements
established by this chapter.
(2) Space used once. 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 purposes 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.
(3) Required open space and exceptions. All required yard and other open
areas shall be maintained with no portion of such area used as building
area or off-street parking or driveways. The following shall constitute
the only exceptions: permitted animal feeding areas, arbors and trellises,
barbecues or outdoor fireplaces, building projections, cultivated
fields or gardens, fences, flagpoles and playground equipment or games,
ponds and streams, sewage disposal systems, swimming pools, temporary
garden structures, tree wells, water systems, air conditioning units
or private power generating units.
E. Irregularly shaped lots. In the case of irregularly shaped lots,
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 width requirement.
F. Principal building. No residential lot shall have erected upon it
more than one principal building.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
G. Artificial lights. No artificial lights shall be used by any building
or premises which, because of intensity, location, color or any other
factor, shall disturb the comfort, health or safety of those residing,
working or using public property, including streets within the range
of the lights.
H. Swimming pools. No swimming pool shall be located any nearer than
15 feet to any rear or side property line, or in any case nearer a
street than the principal building to which it is an accessory. The
15 feet are to be measured from the nearest pool line to the property
line. A permanent barrier or obstruction not less than four feet nor
more than 10 feet in height, so constructed as to entirely enclose
the area on which the swimming pool is located and to bar all reasonable
and normal access to the swimming pool except through a substantial
self-closing gate or gates of the same height as the fence, equipped
with facilities for locking said gate when the pool is unattended
or unguarded, shall be provided for all swimming pools.
I. Temporary buildings. Temporary buildings and structures for uses
incidental to construction work shall be permitted, provided such
buildings are removed upon completion or abandonment of the construction
work.
J. Prohibited uses. Any use not specifically permitted in a zone established
by this chapter is hereby specifically prohibited from that zone and
the following uses and activities are specifically prohibited in any
zone in the Township:
(1) All billboards, signboards, advertising signs or devices not expressly
related to the activity being conducted on the premises on which such
sign or signs are located or otherwise specifically permitted by this
chapter.
(2) Residential structures without permanent foundations or without permanent
connection to utilities.
(3) Trailer coaches or mobile homes other than those permitted within
approved trailer parks.
(4) The use of any building or premises in such a manner that the health,
morals, safety or welfare of the community may be endangered.
K. Any trade or industry shall be controlled by the standards of the
State Department of Health.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
L. No person, firm, or corporation shall strip, excavate, and/or otherwise remove topsoil, sand, or gravel from any premises or lot within the Township without the express approval of the Planning and Zoning Board. In order to permit said removal, the applicant must prove that the retainage of such material on the site would be deleterious to any approved proposed development of the site or create a hardship for the continued use of said property. Submission to the Planning and Zoning Board shall constitute a site plan consisting, as a minimum, of the information required in §
400-6.