[1979 Code § 64-103; Ord. No. 2017-02]
No land or premises shall be used and no building or structure
shall be erected, raised, moved, extended, enlarged, altered or used
for any purpose other than a purpose permitted herein for the zone
district in which it is located, and all construction shall be in
conformity with the regulations provided for the zone district in
which such building or premised is located.
[1979 Code § 64-104; Ord. No. 2017-02]
Each of the sections and provisions of this Article shall apply
to all zone districts unless otherwise stated.
[1979 Code § 64-105; Ord. No. 2017-02]
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this chapter. Subdivision shall be effected in accordance with Article IX.
[1979 Code § 64-106; Ord. No. 2017-02; amended 4-19-2021 by Ord. No. 2021-09]
Where a use is not specifically permitted in a zone district,
it is prohibited.
All classes of cannabis establishments or cannabis distributors
and/or cannabis delivery are prohibited in all zoning districts. This
prohibition does not prohibit the delivery of cannabis items and related
supplies directly to a customer within Green Township by a Class 6
licensed business located outside Green Township.
[1979 Code § 64-107; Ord. No. 2017-02]
Unless otherwise provided herein, all yards, open spaces and
off-street parking must be contained on the lot and within the zone
district in which the use is located.
[1979 Code § 64-108; Ord. No. 2017-02]
No lot, yard, parking area or other space shall be so reduced
in area or dimension as to make the area or dimension less than the
minimum required under this chapter. If already less than the minimum
required under this chapter, the area or dimension shall not be further
reduced.
[1979 Code § 64-109; Ord. No. 04-08; Ord. No. 2017-02]
a.
Only one principal building may be erected on a lot, except for related
buildings forming one principal use in the same ownership and limited
to the following:
1.
Public or institutional building complexes.
2.
Research, industrial, manufacturing, office or retail shopping complexes.
3.
Multifamily dwelling complexes.
4.
Two or more single-family dwelling houses located upon a single lot
as of the date of enactment of this amendment, provided that the lot
size shall be sufficient to meet the maximum density limitations for
the zone district in which the lot is located (i.e., the lot size
divided by the number of existing single-family dwellings located
thereon shall result in a density no greater than that permitted in
the zone district) and further provided that the size and configuration
of the lot and the location of the dwelling houses upon the lot shall
be such that each dwelling house shall be subdividable from the other,
so as to achieve lots conforming to all the minimum area, maximum
density and other bulk requirements applicable to the zone district
in which said lot is located and further provided that each resultant
lot shall be self-sufficient with respect to on-site well, septic
system, separate utilities and individual driveways conforming to
the requirements of the driveway regulations.
b.
Unless otherwise regulated in this chapter, no principal building
shall be located closer to another building than the height of the
taller building.
[1979 Code § 64-110; Ord. No. 11-98; Ord. No. 02-16; Ord. No. 05-17; Ord. No.
2010-09 § II; Ord. No.
2011-13; Ord. No. 2017-02]
Except as otherwise provided in this chapter, buildings which
are accessory to a principal use or building are permitted in all
zones as follows:
a.
Accessory Buildings in AR and R Districts.
1.
No accessory building shall exceed a height of 24 feet except for
accessory buildings used in connection with farming operations, which
shall not exceed a height of 35 feet.
2.
An accessory building shall not be located closer than 10 feet to
any other building.
3.
No accessory building shall be located closer to a street than the
principal building. On corner lots, an accessory building shall not
be located closer to a side street than the minimum front yard requirement
for the adjoining lot.
4.
An accessory building located in a side yard shall not be closer
to the side lot line than the minimum side yard requirement for a
principal building. A farm building or an accessory building used
on a farm shall not be closer to a side lot line than the height of
the building or the minimum side yard for a principal building, whichever
is greater.
5.
An accessory building located in a rear yard shall not be closer
to a property line than the height of the building or 10 feet, whichever
is greater. A farm building shall not be closer to a property line
than the height of the building or the minimum side or rear yard for
a principal building, whichever is greater.
6.
Accessory buildings shall not occupy more than 30% of the rear yard
area.
7.
Accessory buildings may not be used for residential occupancy.
8.
The height of accessory buildings shall be measured from the highest
point of the roof surface to the lowest point of the average finished
grade measured at any point within six feet of the perimeter of the
building foundation wall. The approving authority shall have the option
of requiring topographic information from the applicant in order to
determine compliance.
9.
Accessory buildings shall be set back from side and rear property
lines a distance equal to the height of the accessory building.
10.
The total area of all accessory buildings located upon a lot shall
not exceed the following limitations:
|
Lot Size
|
Max. Total Accessory Buildings
|
|---|---|
|
40,000 square feet (or less)
|
500 square feet
|
|
Over 40,000 to 1 acre
|
650 square feet
|
|
Over 1 acre to 1.5 acres
|
980 square feet
|
|
Over 1.5 acres to 2.0 acres
|
1,300 square feet
|
|
Over 2.0 acres to 2.5 acres
|
1,630 square feet
|
|
Over 2.5 acres to 3.0 acres
|
1,960 square feet
|
|
Over 3.0 acres to 3.5 acres
|
2,290 square feet
|
|
Over 3.5 acres to 4.0 acres
|
2,600 square feet
|
|
Over 4.0 acres to 4.5 acres
|
2,940 square feet
|
|
Over 4.5 acres to 5.0 acres
|
3,070 square feet
|
|
Over 5.0 acres
|
3,200 square feet
|
|
No single accessory building shall exceed a maximum size of
2,000 square feet or the size of the principal structure located upon
the lot, whichever is lesser, with the exception of commercial farm
buildings and farm-assessed properties. Accessory buildings having
a floor area of 1,500 square feet or lesser shall comply with the
setback requirements applicable to accessory buildings; accessory
buildings containing floor areas greater than 1,500 square feet shall
comply with the setback requirements applicable to principal buildings.
|
b.
Accessory Buildings in NC, RB and I Districts. Accessory buildings
in non-residential districts shall meet all the requirements applicable
to principal buildings.
c.
Agricultural Accessory Buildings. On commercial farms, the following
requirements shall be applicable to all agricultural accessory buildings.
1.
The maximum total area of all accessory buildings on commercial farms
of 15 acres or more shall not exceed 5% of the (farmland assessment)
qualified portion of the area of the farm. The maximum total area
of all accessory buildings on commercial farms smaller than 15 acres
shall not exceed 2% of the (farmland assessment) qualified portion
of the area of the farm. In no case shall any individual agricultural
accessory building be larger than 2% of the (farmland assessment)
qualified portion of the area of the farm. The maximum total area
shall be measured based upon the footprint of the accessory building,
without regard to the actual square footage or number of stories.
This limitation shall be available without regard to the area of the
footprint of any residence located upon the farm.
2.
All accessory buildings shall have a setback from all side and rear
property lines equal to or greater than the height of the accessory
building, subject to the following exceptions:
(a)
Any accessory building having a footprint area in excess of
1,000 square feet shall be located in compliance with the minimum
required front, side and rear yard setback requirements for principal
structures in the zone district in which the accessory building is
located.
(b)
Any accessory building housing farm animals or livestock, including
an accessory building converted from another use to that of housing
farm animals or livestock, which contains a footprint area in excess
of 200 square feet shall be located a minimum of 100 feet from any
building envelope on any adjoining property zoned for or actually
devoted to residential purposes.
3.
Accessory buildings on farms may be located in front of the residence
or other principal building or principal structure but shall not be
located within the minimum require front yard or side yard setbacks
for principal buildings in the zone district in which the subject
property is located.
4.
All the foregoing limitations relating to maximum size and location
(setbacks) of accessory buildings on commercial farms shall remain
applicable and shall be complied with (or variance relief sought)
in the event of future subdivision of the commercial farm.
[1979 Code § 64-111; Ord. No. 2017-02]
Every lot must provide front, rear and side yards as required
by its zone district. All front yards must face upon a dedicated public
street or a private street approved by the Planning Board. On streets
less than 50 feet in width, the required front yard shall be increased
by 1/2 the difference between the width of the street and 50 feet.
If a width greater than 50 feet is shown on an adopted Master Plan
or Official Map, the required front yard shall be increased by 1/2
the difference between the width of the street and said greater width.
[1979 Code § 64-112; Ord. No. 2017-02]
a.
Where a lot is situated between two lots, each of which is developed
with a principal building which projects beyond the established building
line, the minimum front yard requirement of such lot may be the average
of the front yards of the existing buildings.
b.
Where a lot adjoins one lot developed, as described above, and a
vacant lot, the minimum front yard requirement of such lot may be
the average of the front yard of the existing building and the required
front yard.
[1979 Code § 64-113; Ord. No. 2017-02]
Where a lot is bounded by more than one street, the front yard
setback requirement from each abutting street shall be met. On a corner
lot, the owner may select any street as the front of the lot, regardless
of which direction the building faces. The yard opposite the front
of the lot shall be considered the rear yard for purposes of meeting
the minimum rear yard requirement.
[1979 Code § 64-114; Ord. No. 2017-02]
The height provisions of this chapter shall not apply to the
erection of farm silos, church spires, belfries, towers designed exclusively
for ornamental purposes, chimneys, flues or similar appurtenances.
The height provisions of this chapter shall, moreover, not apply to
bulkheads, elevator enclosures, water tanks or similar accessory structures
occupying an aggregate of 10% or less of the area of the roof on which
they are located, and further provided that such structures do not
exceed the height limit by more than 10 feet. Nothing in this chapter
shall prevent the erection above the height limitation of a parapet
wall or cornice extending above such height limit not more than three
feet.
[1979 Code § 64-115; Ord. No. 2017-02]
No transportable or wheel-based structure or other temporary
structure used as an office, storage shed or other use incidental
to and in connection with a permitted construction project or building
shall be placed on the site unless the Construction Official shall
first have issued a temporary permit therefor. Such structure shall
not be located so as to be detrimental to any adjoining property and
shall be removed from the site prior to the issuance of a Certificate
of Occupancy for the permitted construction project or building.
[1979 Code § 64-116; Ord. No. 7-81; Ord. No. 23-95; Ord. No. 2017-02]
In the RB District and AI-10 District, no article or material
shall be kept stored or displayed outside the confines of a building
unless the same is screened by special planting or a fence as approved
by the Planning Board. No storage area shall be located in a front
yard or in a side yard adjoining a street. The storage area shall
meet the location requirements for accessory buildings. In the AR
and R Districts, outdoor storage is prohibited. This shall not be
deemed to include display and sale of seasonal farm produce or specifically
permitted outdoor uses, the outdoor parking of farm machinery or vehicles
in use on a farm or normal outdoor storage, such as storage of firewood
in residential zones.
[1979 Code § 64-117; Ord. No. 2017-02]
On a street corner, a fence, structure or planting over 24 inches
in height above the curb or edge of roadway shall not be erected or
maintained within a triangle formed by the intersecting street right-of-way
lines and a line connecting the right-of-way lines and located 25
feet from their point of intersection.
[1979 Code § 64-118; Ord. No. 08-18; Ord. No. 2017-02]
Not more than one commercial vehicle exceeding a manufacturer's
gross vehicle weight rating (GVWR) of 15,000 pounds and exceeding
20 feet in length, which vehicle shall be owned, leased or regularly
utilized by the resident, shall be parked or garaged upon any such
premises. This provision shall not be deemed to limit the number or
type of commercial vehicles in use on a farm and in connection with
a farming operation conducted on the property on which said commercial
vehicles are parked or garaged. Overnight parking of commercial vehicles
on public roads and rights-of-way is prohibited.
[1979 Code § 64-119; Ord. No. 2017-02]
The outdoor storage or parking in the open in residential districts
of recreational equipment and vehicles, such as but not limited to
trailers of any kind, boats, pickup coaches and motorized homes, is
only permitted subject to the following conditions:
a.
Any such vehicle or piece of equipment shall be owned or leased by
a resident of the premises.
b.
No such vehicle or piece of equipment shall be used for living or
sleeping purposes.
c.
The vehicle must be parked entirely on the owner's property. No such
vehicle may be parked on public roads or rights-of-way.
[1979 Code § 64-120; Ord. No. 2017-02]
Nothing in this chapter shall be interpreted as prohibiting
public utility distribution facilities, such as water distribution
lines, sanitary sewers and telephone and electric distribution lines,
along with related attendant facilities intended for local service,
which utility systems are permitted in all zone districts when approved
by the appropriate serving utility agency.
[1979 Code § 64-121; Ord. No. 2017-02]
Fences and walls above grade, other than retaining walls, are permitted with the following restrictions, except as otherwise required or permitted as part of a site plan approved pursuant to Article IX:
a.
Maximum height in a rear yard shall be six feet, except a height
up to eight feet may be approved by the Planning Board for security
purposes.
b.
Maximum height in a side yard, but not beyond the front building
line, shall be six feet, except a height up to eight feet may be approved
by the Planning Board for security purposes.
c.
Maximum height in a front yard shall be four feet, except that in
nonresidential districts, security fences not exceeding six feet in
height may be erected in a front yard, provided that they are at least
10 feet from a street right-of-way.
d.
No fence shall be located within 25 feet from the center line of
the right-of-way nor within five feet from the right-of-way line.
[1979 Code § 64-122; Ord. No. 2017-02]
In any zone, no product shall be sold or displayed nor shall
any service be rendered which is offensive or abhorrent to prevailing
concepts of morality and decency.
[1]
Editor's Note: Former § 30-74, Air Safety and Hazardous
Zoning for the Area Adjacent to Trinca Airport, as amended, was repealed 10-19-2020 by Ord. No.
2020-08.
[Ord. No. 22-97 § 64-122.1; Ord. No. 2017-02]
It is recognized that there may be certain critical and constrained
areas within a parcel of land which would inhibit the appropriate
development of the land on which they exist. These constrained areas
are to be identified and their development addressed during the planning
process. It is the intent of this section to identify those areas
which are constrained and to establish areas within each lot which
are suitable for conventional development. It is the further intent
of this section to assure that all lots created through the subdivision
process shall be buildable and usable and suitable for their intended
purpose by assuring that each lot shall contain an area proportional
to the size of the lot created which shall be suitable for the uses
commonly anticipated by owners of the lots in the rural community
of Green Township.
b.
All lots shall meet the minimum requirements within the zone but
shall also include within each lot an area which is free of the foregoing
constraints. The constraint free area shall meet the following requirements:
1.
Not in excess of 1/2 of the minimum required lot area for the zone
district in which the lot is located shall be constituted of constrained
areas as hereinabove defined.
2.
Where the lot is not to be served by water and sewer, the minimum
constraint free area shall be 1/2 of an acre (21,780 square feet)
for all lots.
3.
Not more than 1/2 of the constraint free land shall be outside the
"building envelope" established by application of the minimum required
front, side and rear yard setback dimensions applicable to the zone
district in which the lot is located.
4.
The constraint free area shall be contiguous and shall be of such
a shape that the length to the width shall be in a ratio no greater
than four to one.
5.
The Planning Board shall have the authority to allow, in certain
specific instances, variations from the shape parameters and the requirement
that the constraint free area be contiguous, provided the applicant
can demonstrate that a dwelling can be constructed on the parcel having
all the following improvements in constraint free areas:
c.
In no case shall the constraint free area be less than the minimum
required herein.
[Ord. No. 2017-02]
All wood-fired hydronic (hot water) heating boiler systems not
located within a residential dwelling and whether unenclosed by a
roof and/or walls, while permitted as accessory uses in all zone districts,
shall be subject to the following requirements and limitations.
[Ord. No. 2010-07 § 1; Ord. No. 2017-02]
Such heating system shall be designed, manufactured, installed
and operated in accordance with all State, Federal, County and Green
Township ordinances and regulations, including the provisions of this
section.
[Ord. No. 2010-07 § 2; Ord. No. 2017-02]
No person shall cause, allow or maintain the use of a wood-burning
hydronic heating boiler system within the Township of Green without
first having obtained a permit from the Zoning Officer and all other
requisite permits (plumbing, electrical, etc.) from the Green Township
Subcode Officials.
[Ord. No. 2010-07 § 3; Ord. No. 2017-02]
All such wood-burning hydronic boilers and accessory and appurtenant
structures, including the enclosure, if any, protecting same shall
be located in the rear yard area of the lot, only; shall not be located
in the either the front yard setback area or in front of the principal
structure located upon the lot and shall have a minimum setback of
200 feet from any habitable dwelling or adjacent building envelope.
[Ord. No. 2010-07 § 4; Ord. No. 2017-02]
No such wood-fired hydronic heating boiler system shall be located
on any lot which contains an area less than two acres. The location
of such system shall, (in addition to being located outside the side
yard or rear yard areas and in compliance with side and rear yard
setbacks applicable to principal structures) be situated on the lot
so as to assure, to the greatest extent practicable, that the prevailing
winds direct the smoke generated away from the nearest residences(s).
[Ord. No. 2010-07 § 5; Ord. No. 2017-02]
In order to demonstrate compliance with the provisions of § 30-76.4 above, a site plan of the lot, which can be prepared by the applicant based upon survey, tax map or other reliable information, shall be prepared showing the subject property and those located within 200 feet thereof and the approximate location of the residences on all properties located within 200 feet of the subject property. Said site plan shall be reviewed by the Zoning Officer and Construction Official to assure compliance, to the greatest extent practicable, with this and all other provisions of this section.
[Ord. No. 2010-07 § 6; Ord. No. 2017-02]
All chimneys attending such systems shall have a diameter and
height compliant with the manufacturer's requirements and/or recommendations.
[Ord. No. 2010-07 § 7; Ord. No. 2017-02]
Such systems shall be designed and operated so as to be compliant
with the provisions of N.J.A.C. 7:27-3 which provides for the control
and prohibition of smoke from combustion of fuel and which requires
(subject to amendment or revision) that such systems: produce no smoke
except for three minutes in any thirty-minute time period.
[Ord. No. 2010-07 § 8; Ord. No. 2017-02]
The use of all wood-fired hydronic (hot water) heating boilers
shall be allowed only during the period of October 15 to May 15. Any
use outside this use period, whether to produce domestic hot water
or for any other purpose, is specifically prohibited.
[Ord. No. 2010-07 § 9; Ord. No. 2017-02]
Only seasoned firewood and untreated lumber shall be permitted
to be burned in any such heating boiler. The burning of any and all
other materials in such a boiler is specifically prohibited.
[Ord. No. 2010-15; Ord. No. 2013-03; Ord.
No. 2017-02]
The Township Committee of the Township of Green finds that farming
has existed and been carried on in the Township of Green for 100 of
years last past and long prior to the residential development that
has since become prevalent within the Township. As a result of residential
construction which has occurred in close proximity to existing working
farms which engage in conventional agricultural operations, those
residences have been or may be subjected to the effects or impacts,
which some residents may deem to be nuisances, from such agricultural
activities. It has been further determined that the farmer must be
secure in the ability to continue operation of the farm, earn a livelihood
therefrom and engage in customary agricultural practices and techniques,
free from the threat of nuisance complaints or litigation resulting
from such impacts to other residents. The Township Committee has determined
that whatever impact to residential and other property owners which
result from such farming activities are more than offset by the benefits
to the Township of Green, the county of Sussex and the State of new
Jersey of such agricultural operations which include the preservation
of open space, the preservation of a desirable agricultural visual
environment and the provision of agricultural products and farm output.
Consequently, the purpose of this section is to assure the continuation
and expansion of commercial and home-based agricultural pursuits by
encouraging a positive agricultural business climate and protecting
the farmer against unnecessary municipal regulation and private nuisance
suits while approved agricultural practices are utilized and agricultural
production is engaged in consistent with relative Federal and State
law, thereby establishing a proper balance among the varied and sometimes
conflicting interests of the farm owners/operators and the residents
of Green Township.
a.
Statement of Intent. This section shall not be construed as, in any
manner, superseding any Zoning Ordinance provision with respect to
principally permitted, accessory or conditional uses permitted or
prohibited in any particular zone district. Rather, it is the sole
intent of this section to prohibit farming and agricultural operations,
when conducted in accordance with accepted agricultural management
and farming practices, from constituting or being found to constitute,
a public or private nuisance.
b.
Activities permitted and protected under this section include all
uses and structures ordinarily and customarily incidental to agricultural
uses permitted by the Zoning Ordinance, including, but not limited
to, the following uses:
1.
The storage, processing and sale of farm products subject however,
to all other conditions and limitations applicable thereto as set
forth in the Zoning Ordinance.
2.
The use of irrigation pumps and equipment.
3.
The application of chemical fertilizer, insecticides, herbicides,
pesticides and liquid/liquefied manure and/or fertilizer. Liquid/liquefied
manure and/or fertilizer shall only be applied to ground which is
not frozen and shall be tilled into the soil within 24 hours after
its application.
4.
On-site distribution of organic agricultural wastes.
5.
Use of the land for the grazing of animals, subject to all applicable
restrictions for intensive fowl or livestock farms.
6.
The use of farm laborers employed by the farm owner and/or operator.
7.
The use of public roadways for the transportation of tractors and
other large slow-moving vehicles and equipment.
8.
The construction of fences for retention of animals and livestock.
9.
The use of customary farm machinery and equipment.
10.
The creation of noise, dust, odors, and fumes conventionally associated
with such agricultural activities.
11.
The engaging in farm practices at any and all times deemed reasonably
necessary, including, but not limited to, Sundays, holidays and in
the evenings.
12.
The raising and keeping of farm animals, including, but not limited
to: dairy cattle, beef cattle, sheep, goats, swine, fowl, horses,
ponies and mules provided, however, that proper sanitation measures,
minimum recommended acreage limitations and appropriate setbacks between
fencing and enclosures for such farm animals and adjoining properties
are established and maintained.
13.
Installation of physical facilities for soil and water conservation
and the harvesting of timber.
14.
Provisions for the wholesale and retail marketing of the agricultural
output of the farm, which include the building of temporary and permanent
structures and parking areas for said purpose, providing same conform
to all applicable provisions of the Green Township Zoning Ordinance
and the Green Township Site Plan Review Ordinance.
c.
For the purpose of giving due notice to nearby uses to present and future residents, the Planning Board of the Township of Green shall require an applicant for a major or minor subdivision, as a condition of approval thereof, to include the following notice, both on the subdivision plat itself and in an instrument in recordable form, to provide constructive record notice to buyers of the existence of any proximate agricultural uses, such instrument to be approved by the Planning Board of Green prior to the filing of the final subdivision plat or recording of any deed(s), as the case may be. Such notice shall read as follows: Grantee is hereby noticed that there is, or may in the future be, farm use near the described premises from which may emanate noise, odors, dust and fumes associated with the agricultural practices permitted under § 30-77, Right to Farm, of the Green Township Zoning Ordinance. A copy of this Ordinance is herewith attached to this deed(s).
