[Ord. No. 96/4 § 13-30]
Except as otherwise provided in this chapter, lots of one (1)
acre or greater existing on or before January 1, 2000, shall be considered
a pre-existing nonconforming lot and shall continue to be valid notwithstanding
the fact that said lot may have been rendered nonconforming due to
a change in the permitted minimum lot size as defined by this ordinance.[1]
[Ord. No. 96/4 § 13-32; Ord. No. 2007/06 § 1; Ord. #2007/08
§ 1; Ord. No. 2013-03 § 5;
amended 7-6-2022 by Ord. No. 2022-05]
a.
Accessory buildings, structures, and uses shall be permitted only
on the same lot as the principal building to which they are accessory.
However, if a lot is subdivided and a preexisting accessory structure
or structures exist on a lot newly created by the subdivision, which
lot does not have a principal building or structure at the time of
the subdivision, the preexisting accessory structure or structures
are permitted to remain with the following condition: The owner of
the lot shall file an application for a building permit for a new
principal structure and commence substantial construction within 24
months of the date of the resolution granting subdivision approval.
b.
Accessory buildings, structures, and uses shall not alter the character of the premises on which they are located and, except for driveways to accessory parking from an adjoining street, shall not encroach upon any front, side, or rear yard unless otherwise permitted in this chapter. All accessory buildings shall be located behind the front building line. All accessory buildings, structures, or uses shall be governed by the bulk and area regulations of the zone in which they are located, except as provided in § 13-32c.
c.
In recognition of relatively frequent variance applications that
are routinely granted, certain size-limited residential accessory
structures may encroach into side and rear yards, i.e., be constructed
within side and rear setback regions, provided all of the following
conditions are met:
1.
Long side dimensions and heights as defined in § 13-6 are limited in accordance with Table 1.
|
Table 1
| ||
|---|---|---|
|
Distance from Property Line
(feet)
|
Maximum Building Long Side Dimension
(feet)
|
Maximum Building Height
(feet)
|
|
10
|
13
|
12
|
|
15
|
17
|
14
|
|
20
|
21
|
16
|
|
25
|
25
|
17
|
|
30
|
29
|
19
|
|
35
|
34
|
21
|
|
40
|
38
|
22
|
|
45
|
42
|
24
|
|
49.9
|
46
|
25
|
|
NOTE: For setbacks falling between values given, the lower limits
apply.
|
2.
The structure is not a swimming pool, or a building used to shelter
animals, poultry, or the like.
3.
Where multiple structures are located within side and rear setback
regions as permitted by this section of the Code, the minimum distance
between the closest points of these structures shall be 50 feet.
[Ord. No. 96/4 § 13-33.1; Ord. No. 2006/15 §§ 1,2]
a.
Yard dimensions. Minimum required yard dimensions shall include required
transition buffers.
b.
Corner lot. On a corner lot, the front yard shall be deemed to be
where the driveway intersects a public street.
c.
Through lot. On a through lot, the front yard shall be deemed to
be where the driveway intersects with a public street.
[Ord. No. 96/4 § 13-33.2]
The net habitable floor area of any dwelling unit shall be not
less than the least restrictive of the most current minimum floor
areas as promulgated by the New Jersey Housing Finance Agency or the
United States Department of Housing and Urban Development in its minimum
property standards manual.
[Ord. No. 96/4 § 13-33.3]
The number of occupants of any dwelling unit shall not exceed
the maximum permitted under the most current occupancy guidelines
as established by the United States Department of Housing and Urban
Development.
[Ord. No. 96/4 § 13-33.4]
In any zone, there shall be not more than one (1) principal
structure on each lot.
[Ord. No. 2006-03; Ord. No. 2006/07; Ord.
No. 2011-07; Ord. No. 2013-12; 11-3-2021 by Ord. No. 2021-09]
a.
Purpose and intent. For situations where it is unlikely that expansion
of a principal structure made nonconforming by virtue of setback violations
will meaningfully impact neighboring property owners, this section
of Hardwick Township's Code is designed to relieve owners of the nonconforming
properties from having to obtain variances. These situations will
be predominately ones wherein a variance would be routinely granted.
A small tolerance, as defined below, is allowed to address situations
where there may be surveying or structure placement errors or when
the principal structure is not parallel to a minimum setback line
in a manner disadvantageous to the applicant. The tolerance allowance
applies only for fill-in type additions or fill-in portions of combined
additions and does not apply for extension-type additions or extension
portions of combined additions. In all other cases, except as permitted
elsewhere in the Code, the normal variance process would be required.
b.
For the purposes of this section, encroachment into a minimum yard
means that the distance between a lot line and the closest point on
the principal structure, when this distance is measured perpendicularly
from the lot line under consideration, is less than the required minimum
setback. By definition, this means that there is an encroachment into
a minimum yard space.
c.
Two key points shall be kept in mind when evaluating whether or not
a variance is required when expansion of a principal structure nonconforming
by virtue of setback violations is contemplated.
1.
A further encroachment into a minimum yard space means shortening
the distance from a relevant property line when an encroachment is
preexisting.
2.
As indicated below for reasons noted above, a tolerance allowance
such that a further encroachment of five feet or less is permitted
in some situations, but only for fill-in type additions or for portions
of additions which are fill-in type.
d.
The three situations in which a variance is not required are as follows:
1.
The existing principal structure and the proposed addition do not
encroach more than 50% into any minimum yard space; and, the proposed
addition does not further encroach into the minimum yard space, i.e.,
shorten the distance to a relevant property line, or, if it does,
the further encroachment is within the permitted tolerance, if applicable.
2.
The existing principal structure is partially within the outer 50%
of a minimum yard space, i.e., the space between a property line and
a parallel line drawn at 50% of required setback distance; and, the
proposed addition is entirely outside of the outer 50% of the minimum
yard space; and, the proposed addition does not further encroach into
the minimum yard space, i.e., shorten the distance to a relevant property
line, or, if it does, the further encroachment is within the permitted
tolerance, if applicable.
3.
The existing principal structure is entirely within the outer 50%
of a minimum front yard space, i.e., between the front lot line and
a parallel line drawn at 50% of the required setback distance; and,
the proposed addition is entirely to the rear of the principal structure,
i.e., in a direction most directly away from the front lot line.
[Ord. No. 96/4 § 13-34]
Except for portable swimming pools less than three (3) feet
in height and less than ten (10) feet in length or diameter, the following
regulations shall apply to permanent and portable swimming pools,
tennis courts and similar recreational facilities that are accessory
to a residential use:
a.
Said use shall be located on the same lot as the principal structure
and only in the side or rear yard.
b.
Said use shall comply with the minimum side and rear yard requirements
for principal structures.
c.
No loudspeakers or amplifying devices which can be heard beyond the
lot lines of the lot on which said facility is located shall be used
in connection with such recreation facilities.
e.
Chain link fences are permitted around a tennis court, provided that
such fences do not exceed twelve (12) feet in height, and the dimensions
of the fenced area are no more than sixty (60) feet by one hundred
twenty (120) feet. If illuminated, maximum luminous intensity at the
property lines shall not exceed .05 foot candles.
f.
Tennis court drainage shall be approved by the Township Engineer.
[Ord. No. 96/4 § 13-35;
amended 9-23-2020 by Ord. No. 2020-04]
a.
Fences or walls on lots in residential zones, other than pool or
tennis court fence enclosures, as regulated above and other than commercial
agricultural uses shall meet the following height requirements:
1.
A fence or wall up to eight (8) feet in height shall be permitted
on any property line.
2.
Fences with only one finished side shall be located with the finished
side toward the adjacent property or roadways as applicable.
3.
Use of razor-wire or solid corrugated metal fencing material is prohibited.
4.
If barbed
wire is used for any portion of fencing along a property line facing
a roadway, the highest strand shall not be placed more than five (5)
feet above the ground.
5.
Fences
and walls shall not be located within road right-of-ways.
|
NOTES:
|
|
Care should be taken in the placement of fences and walls an
in the selection of materials for fences to ensure that sight triangles
for driveways and intersections are not impaired.
|
|
If fences or walls are to be placed so as to encroach upon easements,
terms of the easement agreement should be consulted to determine if
the proposed placement is permitted.
|
|
Construction of walls greater than four (4) feet in height requires
issuance of a permit from the construction official.
|
[Ord. No. 96/4 § 13-36]
All outdoor storage shall conform to the following requirements.
[Ord. No. 96/4 § 13-36.1]
Outdoor storage of any kind or nature, except storage of those
items customarily used in conjunction with and incidental to a residential
occupancy or agricultural use, is prohibited in all residential zones,
with the following exceptions:
a.
No motor vehicle shall be permitted to be stored or repaired, (including,
but not limited to, removal of wheels) outside of a garage so as to
cause the same, at any time, to be in any disassembled or disabled
condition, or be lacking a valid motor vehicle registration for the
current year. This should not be construed as prohibiting an owner
from working on a personal, registered vehicle for a reasonable time
not in excess of thirty (30) days. This provision shall not apply
to the outdoor storage of farm machinery and the products of commercial
agriculture on a farm as defined in this chapter which is located
in any residential zone.
b.
House trailers and recreational vehicles. One (1) unoccupied house
trailer or recreational vehicle owned by the property owner shall
be permitted on a lot. The trailer or vehicle shall be garaged or
parked no closer to the side or rear property line than the required
side or rear yard setback for the principal structure upon the lot.
The trailer or vehicle shall be parked behind the face of the principal
residential structure even if the structure is located behind the
required front yard setback. The trailer or recreational vehicle shall
be screened so as to completely obscure its view from adjacent properties
or roads.
c.
Commercial vehicles. No more than two (2) commercial vehicles may
be parked, stored or garaged overnight subject to the following conditions:
1.
Commercial vehicles permitted by this section are defined as vehicles
with a rated gross weight of up to ten thousand (10,000) pounds, of
a length up to two hundred forty (240) inches, or a width or height
up to eighty-four (84) inches used in business and commercial registered
by the Division of Motor Vehicles.
2.
If two (2) commercial vehicles are parked or stored on a lot, at
least one (1) shall be stored in a garage.
3.
Only one (1) commercial vehicle may be parked or stored outdoors
on a lot, and shall be located within the building envelope.
4.
Vehicles which are not garaged shall be fully screened from adjacent
properties along side or rear property lines as well as from the road.
5.
All commercial vehicles permitted by these provisions to be parked,
stored or garaged on any property located in any residential zone
shall be owned by and registered to the owner or occupant of the premises
or the owner/occupant's employer.
6.
Parking of construction equipment vehicles is allowed on a temporary
basis when construction is taking place on the lot or making delivery.
7.
No school or passenger buses or tractor trailers shall be permitted
on any residential lot.
d.
Boats or boat trailers. One (1) boat or boat trailer thirty (30)
feet or less in length and legally trailerable without a special permit
may be parked or stored outside the confines of a building in accordance
with the following requirements:
1.
The maximum thirty (30) feet shall include hitching devices.
2.
All boats or boat trailers shall display a current State license
and/or registration, if required by law.
3.
The standards for boats and boat trailers shall be the same as those
set forth in Subsection 16-36.1b for house trailers and recreation
vehicles.
[Ord. No. 96/4 § 13-37.1]
a.
Signs permitted without permit.
1.
Historic tablets, cornerstones, memorial plaques and emblems which
do not exceed six (6) square feet in area and which are installed
by government agencies or civil or religious organizations.
2.
Signs which issue warnings or safety messages, such as but not limited
to "no hunting," "no trespassing," "beware of dog," "private road,"
"private driveway," etc., provided they do not exceed two (2) square
feet in area.
3.
Signs displaying construction or building permits up to two (2) feet
in the maximum dimension.
4.
Agricultural signs up to six (6) square feet not illuminated.
b.
Measurement of sign area. All signs may be double-faced and the maximum
area shall apply to each side. The area of the sign shall include
each and every part of the sign, including moldings and frames. Where
a sign consists of individual letters or numbers, the area of the
sign shall be considered as the total area of the smallest rectangle
or rectangles which can collectively enclose all of the letters or
numbers.
c.
Nonconforming signs. Any nonconforming permanent sign which can be
shown to have lawfully existed on the date of enactment of this ordinance
may be continued and may be restored, unless the sign has been abandoned.
d.
Abandoned signs. Signs shall be removed by the owner at the owner's
expense within ninety days following written notification by the Zoning
Officer for any location where the sign no longer relates to an activity
conducted on the site. In the event the sign is not removed within
this time period, the Township may remove the sign at the expense
of the property owner and for this purpose the Township shall have
a lien in the amount of the removal cost.
e.
Temporary signs or banners.
1.
One (1) temporary sign identifying the architects, engineers, builders,
brokers, contractors and others connected with the construction or
repair of any building on such lot may be erected or installed without
any permit. No such sign shall be displayed beyond the effective date
of any certificate of occupancy affecting the premises. Unless affixed
to the principal building, such signs shall be set back at least ten
(10) feet from all property lines. Such temporary sign shall not exceed
fifteen (15) square feet in area or five (5) feet in height above
ground level.
2.
One (1) temporary "for sale" or "for rent" sign may be erected or
installed without any permit. Such sign shall not exceed an area of
six (6) square feet. Such sign shall be set back from the right-of-way
line. The "for sale" or "for rent" sign shall be removed within seven
(7) days following the completion of the sale or rent transaction.
3.
Temporary political signs shall be permitted in all zones for a period
of two (2) months prior to a primary, general or special election
and for one (1) week thereafter. Said signs shall not exceed six (6)
square feet, and no side or diameter of any sign shall exceed three
(3) feet.
[Ord. No. 96/4 § 13-37.2; Ord. No. 99/6]
Only the following types of signs shall be permitted in residential
districts:
a.
One (1) sign, with a maximum area of two (2) square feet indicating
the name and address of the occupant of any dwelling.
b.
Signs identifying the names of schools, colleges, houses of worship
and other similar public or semipublic institutions:
1.
The area of any freestanding sign shall not exceed ten (10) square
feet, and not more than one (1) such sign shall be placed at least
five (5) feet from the right-of-way of any street upon which the property
fronts, along any street on which such property fronts at least five
(5) feet from the curb.
2.
Signs designating entrances or exits to or from parking areas shall
be limited to one (1) sign with a maximum area of two (2) square feet
for each such exit or entrance and located at least five (5) feet
from a property line. One (1) additional sign per parking area designating
the conditions of use or identity, with a maximum area of six (6)
square feet, shall be permitted.
c.
Any sign erected by the Township, County, State or Federal government.
d.
Signs used for the protection of the public during construction or
repairs.
[Ord. No. 2007/14 § 1; Ord. No. 2011-08 § 2]
It is the purpose of the Township to promote the utilization of solar energy systems in order to maximize the utilization of a clean, safe and available energy source. Solar energy system installations shall be installed so as to minimize the visual impact. Residential scale solar energy systems are regulated by this § 13-38 of the Hardwick Township Land Development Ordinance and are permitted accessory structures and uses. Commercial scale solar energy systems are conditionally permitted uses and are regulated under the provisions of Subsection 13-12.3d of the Hardwick Township Land Development Ordinance. Solar energy systems on commercial and industrial buildings conforming to the standards in the definition of residential scale solar energy systems set forth below in Subsection 13-38.2 are permitted accessory structures and uses.
[Ord. No. 2007/14 § 1; Ord. No. 2011-08 § 2]
A solar energy system installation which produces energy
in a year's time which is one hundred ten (110%) percent or less of
the total amount which may be reasonably anticipated to be consumed
on average in a year's time by a principle residential use on the
same parcel. In this context, reasonably anticipated may include actual
or estimated present or future usage for lighting, space hearing,
air conditioning, charging of electric vehicles, and other energy
consumption that may be associated with or anticipated in the near
future to be associated with a principal residential use.
A use that is subordinate to the principal building, structure
or use and located on the same lot. Solar energy systems, as defined
herein, are permitted accessory buildings, structures or uses in conjunction
with residential, commercial and industrial buildings.
An energy system which converts solar energy to usable thermal
or electrical energy to meet all or a significant part of a building's
energy requirements. As used in this chapter, the primary application
of a solar energy system is the conversion of solar radiation to either
thermal energy to meet all or part of a building's heating and domestic
hot water requirements or electricity to meet all or part of a building's
electrical energy requirements.
[Ord. No. 2007/14 § 1; Ord. No. 2011-08 § 2]
a.
Residential scale solar energy systems are permitted accessory structures
and uses in all zone districts within the Township provided they are
accessory to a principal use or structure permitted in the zone district
by ordinance or variance.
b.
The solar energy system or structure shall comply with the setback
requirements in the zone district where they are located.
c.
When located within the building setback limits of the Zoning Ordinance,
no site plan approval is required for the separate solar energy system
unless a site plan is required for the principal use to which the
solar energy system is accessory. If a solar energy system is being
added to an existing approved site, and the setback requirements are
complied with, then no site plan approval is required and only the
necessary construction code permits are required.
d.
In order to obtain the required zoning permit for placement of a
solar accessory structure in a front yard, the applicant for the permit
shall demonstrate to the Zoning Officer that it is necessary to place
the solar energy system in the front yard in order for it to function
properly and generate solar energy. The applicant, in demonstrating
the necessity for front yard installation, may provide written documentation
from a qualified solar installer as to the necessity. If the applicant
is not utilizing a commercial solar installer, then the applicant
shall provide the reasons for the front yard installation to the Zoning
Officer.
e.
Screening. When a solar accessory structure is placed in the front
yard, the structure shall be screened as follows:
1.
Where natural screening is already in existence, no additional screening
shall be required between the street and the solar accessory structure.
2.
If the back of the solar accessory structure faces the street, evergreen
screening shall be planted along the back of the accessory structure
to obscure or shield the view from the street of the solar accessory
structure.
3.
Where the front of the solar accessory structure faces the street,
evergreen screening shall be planted along the front of the solar
accessory structure in such a manner that it does not impair the functionality
of the solar accessory structure. It is the intent of this section
that the landscaping shall obscure or shield the solar accessory structure
when viewed from the street.
4.
Roof Top Installations of Solar Energy Systems. If a property owner
elects to install a component of a solar energy system on a roof of
an existing structure, only the necessary construction code permits
shall be required.
