[Ord. No. 620 § 3]
No use or occupancy of any building, structure or land shall
hereafter be changed to a different use or occupancy and no building
or structure or part thereof shall hereafter be erected, constructed,
reconstructed, moved or structurally altered unless in conformity
with all of the regulations herein specified for the district in which
it is located, except as hereinafter provided.
No more than one (1) principal use shall be located on one (1) lot, except for forestry, agriculture, horticulture, fish and wildlife management, wetlands management, recreational development on agricultural lands, and local telecommunications facilities as permitted by Section 35-9.22.
[Section 35-6.2 amended by Ordinance No.
539;; Ord. No. 620 § 4]
No building or other structure shall hereafter be erected or
altered to exceed the height, to accommodate or house a greater number
of families or persons, to occupy a greater percentage of lot area,
or to have a narrower or smaller rear yard, front yard, side yards
or other open spaces than are herein required, or in any other matter
contrary to the provisions of this chapter, except as hereinafter
provided.
A.
Wetlands use in calculation of building and lot coverage. Wetlands
use in calculation of building and lot coverage due to environmental
considerations and/or public health and safety factors, the Township
will not allow consideration of wetlands in determining permissible
building coverage calculations. The Land Use Board may at its discretion,
allow wetlands areas to be considered in total lot coverage calculations,
after determination that the increased lot coverage will have no adverse
environmental, health or safety impact on the community or adjacent
lands. The maximum percentage of lot coverage set forth in the Schedules
of District Regulations may be extended by the Board, provided the
lot(s) in question is/are served by an approved public or private
sanitary sewer and potable water supply facilities.
For all new lots of ten (10) acres or less, regardless of the
Zoning District or location within the Township, fifty percent (50%)
of the lot area require for a lot, by use, in that Zoning District
must be determined to be usable land. As an example, if the minimum
District lot size is five (5) acres for a single-family, detached
dwelling and the actual lot size is six (6) acres then two and one-half
(2.5) acres of land in question must be classified as not having environmental
sensitivity such as wetlands, steep slopes or other natural conditions
which preclude development. The term "usable" as applicable to this
subsection refers to lands which are able to be used as opposed to
lands which have environmental considerations or other natural conditions
and are thereby regulated against or deemed unfit for supporting development.
The requirements of this section shall not apply to residential cluster
developments in the PR, PC, PRDA-R and PRDA-C Districts which comply
with the standards of Section 35-9.34.
B.
Minimum lot area in Pinelands Protection Area. Within the Pinelands
Protection Area, no residential dwelling unit or nonresidential dwelling
unit shall be located on a parcel of less than one acre unless served
by a centralized wastewater treatment plant.
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 buildings, except as hereinafter
provided.
A.
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.
B.
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.
A.
Outside the Pinelands Protection Area. The height limitations of
this chapter shall not apply to silos, belfries, cupolas and domes
not used for human occupancy, nor chimneys, ventilators, skylights,
water tanks, communications towers, similar necessary mechanical appurtenances
usually carried above the roof level. Such features however, shall
be erected only to such height as necessary to accomplish the purpose
they are intended to serve. The provisions of this chapter shall not
apply to prevent the erection above the building height limit of a
parapet, wall or cornice for ornament (and without windows) extending
above such limit not more than five (5) feet. Public and quasi-public
buildings and other similar permitted uses shall increase the required
front, rear and side yards by one (1) foot for each foot by which
such building exceeds the height limit herein established for such
zone in which it is located, and further provided that in no case
shall any building have a height greater than thirty-five (35) feet
overall within the Pinelands Protection Area or fifty (50) feet overall
outside the Pinelands Protection Area unless it is specifically permitted
by the Schedule of District Regulations.
B.
Height Limitation in the Pinelands Area.
1.
Within the Pinelands area, no structure, including radio and television
transmission and other communication facilities which are not accessory
to an otherwise permitted use, shall exceed a height of thirty-five
(35) feet, except as provided in Subsections B2 and B3 herein below.
2.
The height limitations in Subsection B1 above shall not apply to
any of the following structures, provided that such structures are
compatible with uses in the immediate vicinity and conform with the
objectives of N.J.A.C. 7:50-6, Part X: antennas which do not exceed
a height of two hundred (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, flag poles and masts, or aerials,
solar energy facilities, chimneys and similar structures to be placed
above the roof level and not intended for human occupancy.
3.
The height limitations in Subsection B1 above shall not apply to
the antenna and any supporting structure of a local communication
facility of greater than thirty-five (35) feet, provided that the
standards set forth in N.J.A.C. 7:50-4 (c) are met.
A lot which is of public record and in single and separate ownership
and not of continuous frontage with other lots 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 even though such lot fails
to meet the requirements for area or width, or both, that are generally
applicable in the district, provided the improved road frontage is
not less than fifty (50) feet and further provided, that yard dimensions
or other requirements not involving area or width shall conform or
a variance for such yard dimensions or other requirements be obtained
from the Land Use Board. The provisions of this section shall not
apply to lots within the Pinelands Protection Area, which lots shall
comply with area requirements as provided herein this chapter.
The owner of an existing lot within a PR Pinelands Residential
or R-5 Residential Zoning Districts showing on the Township of Maurice
River Tax Maps prior to 1985, which lot is also shown on the current
Township Tax Maps as being less than five (5) acres in size due to
measuring of the lot area to the exclusion of road right-of-way from
the lot area calculation, may apply to the Zoning Officer for permission
to develop a single-family dwelling on said lot subject to approval,
where applicable, of the Pinelands Commission, provided the lot meets
all other requirements for the district in which it is located. The
portion of the property which lies in the road right-of-way may be
credited to the lot area, provided that the area lying in the designated
roadway right-of-way shall not exceed ten percent (10%) of the property,
only ten percent (10%) may be attributed to the applicant for purposes
of determining the lot area.
If two (2) 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 the 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, unless
approval for such lots has been obtained under provisions for Township
subdivision and site plan review; and no portion of said parcel shall
be used or sold which does not meet lot width and area requirements
established by this chapter.
Every principal building shall be built upon a lot having frontage on a public street either improved to Township requirements or standards or for which such improvements have been ensured by posting of a sufficient performance guaranty pursuant to the provisions of Article 35-12 of this chapter.
Where a building lot has frontage upon a street which is shown
on the adopted Master Plan or Official Map of the Township of Maurice
River or the County of Cumberland and which street is proposed for
right-of-way widening, the required front yard shall be measured from
such proposed right-of-way lines.
Nothing shall be erected placed or allowed to grow in such a
manner as to materially impede vision between a height of thirty (30)
inches and ten (10) feet above the center-line grade of the abutting
streets or driveways within the triangular area formed by the intersecting
street and driveway lines. Such sight triangle areas at all such intersections
shall be as established or defined in accordance with the provisions
of the A Policy of Geometric Design of Highways, published by the
American Association of State Highway Officials, latest version.
In the case of irregularly shaped lots on a cul-de-sac or curved
street sections, the minimum lot width specified in the Schedules
of District Regulations shall be measured at the building setback,
provided that in no case shall a distance between side lot lines be
reduced to less than seventy-five percent (75%) of the minimum lot
width requirement at the street line.
