[Ord. No. 2018-35]
These regulations shall be applicable to the use of all lands in the Township of Lakewood and any structures thereon.
A.
The provisions of this article shall be held to be the minimum requirements (or the maximum, when so specified). Where this article imposes a greater restriction than is imposed and required by other provisions of law or by other rules, regulations or resolutions, the provisions of this article shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed by this article, the provisions of such laws, rules, regulations or resolutions shall control.
B.
The standards established by this article shall be applied uniformly within each zoning district to each class or kind of structure or land. Only uses which are specifically provided for by the regulations of any district shall be permitted in that district unless authorized by the Zoning Board of Adjustment pursuant to this article.
C.
Upon the effective date of this article, no building shall hereafter be used, erected, altered, converted, enlarged, added to, moved or reduced, nor shall any lands be subdivided, developed, or redeveloped in any manner except in conformity with the standards provided herein, as applied to the zoning district in which the building or land is located.
D.
Upon the effective date of this article, all buildings and land, which are not in full conformity with the standards provided herein, as applied to the zoning district in which the building or land is located, shall be deemed to be nonconforming and shall be subject to the provisions of this article.
E.
The following uses shall be permitted in all residential districts:
1.
Family Day Care Homes:
a.
Family day care homes as defined in N.J.S.A. 40:55D-66.5, and are to be licensed or registered to the extent required by the laws and regulations of the State of New Jersey.
b.
The standards for said homes shall be the same as for single-family dwelling units located in the same District, in accordance with the New Jersey Municipal Land Use Law, 40:55D-66.5b, as amended.
c.
Family day care homes are to be considered as home occupations, and as such, shall not be subject to more stringent restrictions than exist or apply to all other home occupations in the particular residential district in which the family day care home is located.
F.
Child Care
1.
Centers for which a license is required from the New Jersey Department of Human Services pursuant to P.L. 1983, c. 492 (C:30:5B-1 et seq.) shall be a permitted use in all zoning districts.
a.
The floor area in any building or structure used for child care purposes shall be excluded in calculating any parking requirement.
b.
The floor area in any building or structure used for child care purposes shall be excluded in calculating the permitted density allowable for that building.
c.
Notwithstanding the above statements, the development of a child care facility in an existing structure or in a stand alone facility, shall require site plan review and will be subject to the standards of the district in which it is located. Parking requirements shall be based on evaluating the following factors: the maximum number of children for which the site is licensed; the number of employees present during the maximum shift; and the operational plan for the drop-off and pick-up of children during the school day.
2.
Child care centers and the provision of child care services which do not require licensure by the State of New Jersey shall be permitted in all zoning districts subject to Subsection F1a and Subsection F1b and are exempt from the requirements of Subsection F1c above.
H.
Townhouse (single-family attached) development:
Where townhouse (single-family attached) are outright permitted uses (not conditional permitted uses) the following standards shall apply:
1.
Minimum tract size shall be one-half (0.5) acre in all districts in which townhouses are permitted with the exception of the HD-7 zone in which the minimum tract size shall be one acre.
2.
Tract Boundaries: from a state highway - 100 feet. From all other right-of-way lines - 25 feet. From all other property lines-20 feet.
3.
Maximum Density - eight townhouses or 16 dwelling units per acre.
4.
Minimum tract width - 125 feet.
5.
Minimum tract depth - 100 feet.
6.
The overall townhouse tract may be subdivided to provide fee-simple ownership for the individual townhouse units. The following shall apply to the individual townhouse lots:
7.
Minimum distance between buildings - 25 feet.
8.
Maximum units per structure — eight.
9.
Maximum building length - 240 feet.
10.
A structure shall not have more than two connected townhouse units on one facade without providing a variation in setback of at least two feet.
11.
Each unit shall have an area designated for the storage of trash and recycling containers. All trash containers shall be screened from view. Screening should blend with the building exterior.
12.
All residential development shall provide a usable rear yard depth of at least 20 feet, including the rear yard setback. Decks shall be permitted within the usable yard area, but detention/retention facilities, drainage swales, or any easements which would inhibit the use of the rear yard are prohibited. For the purposes of this section a drainage swale with side slopes exceeding 1:10 and a depth exceeding 18 inches shall be established as the limit which inhibits use of this yard and is therefore prohibited.
13.
Architectural drawings of the front, side and rear elevations shall be provided. Architectural drawings should also be provided if the HVAC equipment is to be located on the roof.
14.
All areas put into common ownership for common use by all residents shall be owned by a non-profit homeowners association in accordance with the requirements of the Department of Community Affairs and the following:
a.
Deed restrictions and covenants shall be provided in accordance with the requirements and standards of the Department of Community Affairs.
b.
The homeowners association shall be responsible for the ownership and maintenance of all common space and any streets not accepted by the Township.
c.
This organization shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to another organization conceived and established to own and maintain the common open space and non-dedicated streets.
d.
The homeowners association shall be established prior to any certificates of occupancy being issued. Membership of the association shall be automatic and mandatory for each owner of a dwelling unit and any succeeding owner thereto, being accomplished by the purchase of a dwelling unit in the development.
e.
The association shall guarantee access to all the common areas to all persons legally residing in the development.
f.
The association shall be responsible for liability insurance, taxes certificate of incorporation shall contain provisions so that adequate funds will be available for maintenance.
g.
The documents establishing the association shall provide a plan for the maintenance of all common areas and undedicated streets.
15.
Parking shall be provided within 150 feet of the structure.
16.
All units shall be designed with a unified architectural style.
17.
Variations in setback and building facades shall be provided.
18.
All HVAC equipment shall be located in rear or side yards and shall be buffered from adjoining properties and units, or shall be placed on rooftops.
19.
Maximum building coverage of the tract: 35%.
I.
Any site or development may contain more than one use as long as the uses are permitted in the zoning district in which it is located.
J.
In all Residential Zoning districts, any tract for which a complete application for a Planned Educational Campus has been filed with the Lakewood Planning Board, in compliance with § 18-902H1(g), re-approval for development of that tract shall be conditionally permitted in accordance with the provisions of the R-7.5 (Residential) Land Use District. Such re-approval shall be subject to all of the following conditions:
1.
Submission and approval of a complete development application to the Lakewood Planning Board based on the provisions of the R-7.5 (Residential) Land Use District, § 18-902G.
2.
A complete application for a Planned Educational Campus in accordance with § 18-902H1g must have been submitted prior to the adoption of this ordinance.
[Adopted July 12, 2018 by Ord. No. 2018-35]
3.
No development of any portion of the Planned Educational Campus may have been commenced at or before the time of adoption of this ordinance. If any development of the Planned Educational Campus was commenced at or before the time of adoption of this ordinance, the re-approval provisions of this section shall be prohibited.
[Adopted July 12, 2018 by Ord. No. 2018-35]
K.
The following uses shall be prohibited in all zoning districts in the Township of Lakewood:
[Added 4-22-2021 by Ord. No. 2021-23]
1.
All classes of cannabis establishments or cannabis distributors or cannabis delivery-licensed businesses as said terms are defined in Section 3 of P.L. 2021, c. 16.
L.
In all residential zones, notwithstanding the definition of "lot, corner" found at § 18-200, where a corner lot has a residence fronting on one street with its front entryway oriented toward that street (the dominant street), the street frontage not associated with the front door entryway (the subservient street) shall be permitted to utilize the side yard setback for that zone for accessory structures, including pools, provided adequate screening from the subservient street is incorporated into the application for permits for accessory structures, and any applicable sight triangles remain unimpeded, as determined by the Township's Engineering Department upon application for construction permits.
[Added 5-12-2022 by Ord. No. 2022-25]
M.
In all residential zones, notwithstanding the definition of "lot, corner" found at § 18-200, where a corner lot has a residence fronting on one street with its front entryway oriented toward that street (the dominant street), the street frontage not associated with the front door entryway (the subservient street) shall be permitted to utilize a minimum front yard setback for that subservient side of seventeen feet (17') measured from the property line, for an addition to an existing owner-occupied single family structure, provided adequate screening from the subservient street is incorporated into the application for permits for said residential addition, and any applicable sight triangles remain unimpeded, as determined by the Township's engineering department upon application for construction permits.
[Added 3-16-2023 by Ord. No. 2023-16]
N.
In all residential zones where sheds are permitted as accessory uses, and notwithstanding the definition of "sheds" found at § 18-200 which permits sheds to be placed up to five feet from side and rear property lines, and in certain and limited cases, the Zoning Officer may issue a zoning permit for a shed to be located immediately adjacent to the side or rear property line, provided the proposed shed meets the following criteria and the applicant follows the procedure outlined below:
[Added 5-16-2024 by Ord. No. 2024-009]
1.
The owner(s) of the contiguous property upon which the shed will be placed immediately next to same shall confirm in writing that they have no objection to the location of the proposed shed. This requirement is unnecessary if the requestor also owns the adjacent property.
2.
The shed is located and designed so as to have the least impact on adjacent properties.
3.
In no case shall the shed height exceed 12 feet.
4.
The proposed shed complies with all other Lakewood Township shed requirements.
5.
Application Procedure. An application for a Lakewood Township Shed Permit for the proposed shed is required.
6.
No shed shall be permitted within any drainage easement or conservation easement.
O.
In all residential zones and notwithstanding the definition of "Swimming Pool, Private Residential" and "Accessory Use, Structure or Building," found at § 18-200, where a property owner owns two contiguous, fully conforming residential lots, with a residential dwelling located on one of the lots and the second lot being vacant, and therefore these lots not having been merged by operation of law, the vacant lot may be utilized to permit the construction of a private residential swimming pool servicing the developed lot without the need for merger of the lots; provided, however, that should the two contiguous lots no longer be in common ownership, the lot with private residential swimming pool shall not be permitted to continue as an accessory use, unless a new residential structure is located on that lot. A private residential swimming pool located on a vacant lot pursuant to this section shall not be recognized as a principal, primary or permitted use on that lot, nor "grandfathered" to permit its continued use in the event the lots are no longer owned by a contiguous property owner. Such private residential swimming pool must always be maintained as an accessory use to a permitted residential building. Under no circumstances shall any swimming pool constructed pursuant to this section be recognized as a Commercial Swimming Pool as defined at Section 18-200, rather it must be maintained as an accessory use or structure to either the contiguous property or a new residence on the formerly vacant property. All other ordinances involving the construction and maintenance of private residential swimming pools, including setback and fencing requirements, shall remain in full force and effect.
[Added 11-14-2024 by Ord. No. 2024-037]