Except as previously or hereinafter provided, it shall be unlawful
to locate, relocate, erect, construct, reconstruct, enlarge or structurally
alter any building or structure except in conformity with the regulations
of the district in which such building or structure is located.
Except as previously or hereinafter provided, it shall be unlawful
to use any land or building for any purpose other than is permitted
in the district in which such land or building is located.
Nothing in this chapter shall require any change in the plans,
construction, size or designated use of any building, structure or
part thereof for which any building permit has been granted before
the enactment of this chapter, provided that construction from such
plan shall be or shall have been started within 90 days from the date
of issuance thereof and shall be diligently pursued to completion.
A. No space contiguous to any building shall be encroached upon or reduced
in any manner except in conformity with the yard, lot, lot area, building
location, percentage of lot coverage, off-street parking space and
such other regulations designated elsewhere in this chapter for the
zone for which the building or space is located. In the event of such
unlawful encroachment or reduction, such building shall be deemed
to be in violation of the provisions of this chapter.
B. No open space provided around any building for the purpose of complying
with the provisions of this chapter shall be considered as providing
open space for any other building.
[Amended 4-25-95 by Ord. No. 95-6; 7-11-06 by Ord. No. 2006-010]
A. Limitation on issuance of building permits; distance between similar
houses and orientation of homes. Except as provided in this section,
not more than one building permit shall hereafter be issued for any
dwelling to be erected in a housing development consisting of two
or more houses if it is substantially alike in exterior design and
appearance with any neighboring dwellings situated on the same or
opposite side of the street when one of its property lines is within
300 feet of the property line of a dwelling then in existence or for
which a building permit has been issued or is pending. The distance
herein specified shall be construed to mean the distance between the
street property lines of the respective properties and shall not include
the width of the street. Dwelling houses will be constructed with
the front of the dwelling house parallel to the street upon which
the dwelling house has frontage, except when the dwelling house is
not visible from the road or roads upon which it is situate due to
the topography of the lot.
[Amended 7-11-06 by Ord. No. 2006-010]
B. Characteristics determining housing uniformity. Houses within such
specified distance from each other shall be considered uniform in
exterior design and appearance if they have any one of the following
characteristics:
(1) The same basic dimensions and floor plans are used without substantial
differentiation between the exterior elevations;
(2) The same basic dimensions and floor plans are used without substantial
change in orientation of the houses on the lots;
(3) The height and design of the roofs are without substantial change
in design and appearance, and/or
(4) The size, type and location of windows and doors in the front elevation
are without substantial differentiation.
C. Minimum number of basic house designs. In addition to the requirements
specified hereinabove, there shall be not less than four separate
basic house designs in every housing development consisting of eight
or more houses.
D. Engineering survey or architectural drawing required prior to issuance
of permit; contents. No building permit shall be issued for more than
one dwelling in any housing development, except as provided herein
below until an engineer's survey or architect's drawing of the entire
tract or part to be developed has been submitted to the Building Inspector,
showing thereon or on a schedule attached thereto the model number,
type and design of each house, with the proper street and lot numbers
for each house. The survey or drawing shall show the dimensions of
each house, its exact location on the lot with setbacks and width
or depth of all yard spaces. In the event of a subsequent desired
change in basic design, size or location of a house in such tract,
a revised plan and application therefor shall be filed and approved
before such work is started.
E. Submission of affidavit or performance guaranty. In respect to new
subdivisions for the purpose of a housing development, the Land Use
Board may, at its discretion, require an affidavit or a performance
guaranty, approved as to form by the Township Attorney, that the subdivision
will be developed as a whole so that the intent and purpose of this
section is satisfied. The Building Inspector is also hereby authorized
to require a similar affidavit or performance bond before issuance
of more than one building permit in any housing development or part
thereof for any subdivision heretofore approved by the Land Use Board
prior to the date of the adoption of this section or to any land area
not required to be subdivided.
[Amended 4-22-14 by Ord. No. 2014-01]
F. Appeals for relief from provisions. Appeals for relief from the provisions
of this section may be taken to the Township Committee. Relief may
be granted by the Township Committee when, in its opinion, such relief
is not detrimental to the public interest.
G. Violations and penalties. Any person who shall violate or who shall
permit, take part or assist in any violation of this section shall,
upon conviction thereof, for each and every violation thereof, be
punished by a fine not exceeding $2,000 or by imprisonment in the
county or Township jail for a term not exceeding 90 days, or both.
[Amended 11-9-2021 by Ord. No. 2021-17]
A. No store, shop or office in any building shall use any noisemaking
instruments, such as phonographs, loudspeakers, amplifiers, radios,
televisions or similar devices which are so situated as to be heard
outside the building provided, however, that nothing herein shall
be deemed to prohibit the playing of holiday music in commercial districts
in connection with holiday displays and decorations sponsored by any
civic or business group and approved by the Township Committee.
B. No smoke, fumes or objectionable odor shall be emitted from any building
in any zone, nor shall any accumulation of trash, garbage, offal,
junk or the like to be permitted.
C. The storage or display of merchandise on the exterior of any building
or on any public street or sidewalk is prohibited, except as otherwise
specifically permitted and regulated in this chapter; but this section
shall not be construed to prohibit the maintenance of garden shops,
restaurant terraces and similar areas maintained in connection with
a store or other business establishment, provided that such areas
are enclosed by a wall, trellis or screened planting at least four
feet in height.
D. There shall be no outdoor storage in any front yard in all zone districts.
[Amended 2-11-86 by Ord. No. 86-2; 11-25-90 by Ord. No. 90-19; 7-12-94 by Ord. No. 94-7; 2-25-03
by Ord. No. 2003-08; 10-24-03 by Ord. No. 2003-22; 10-23-07 by Ord. No. 2007-09; 10-23-07 by Ord.
No. 2007-09; 7-14-09 by Ord. No.
2009-01; [Repealed 4-22-14 by Ord.
No. 2014-01]
A. No lot shall have erected upon it more than one residential building,
except as otherwise specifically authorized in this chapter.
B. The height limitations of this chapter shall not apply to chimneys,
church spires, standpipes, gables, cupolas, flagpoles, monuments,
television antennas or towers, cables, scenery, lofts or water tanks,
elevator housings and similar structures and necessary mechanical
appurtenances for the zone I which the building is located, provided
that no such exception shall cover at any level more than 10% of the
area of the roof on which it is located.
C. In the event of a partial or total destruction of a single-family
dwelling, to the extent that the dwelling is uninhabitable, by resolution
of the Township Committee, the Zoning Officer may issue a zoning permit
allowing the temporary use of a mobile home on the affected lot for
a period not to exceed eight months. Placement of the mobile home
will be subject to inspection and approval by the Construction Officer.
The Township Committee, by separate resolution, may extend such temporary
use for one additional six months period.
[Added 3-15-10 by Ord. No. 2010-07]
A. Accessory buildings and structures as part of a principal building.
Any structure or part of a structure attached to a principal building
shall adhere to the yard requirements for the principal building regardless
of the technique of connecting the principal and accessory building.
B. Location. An accessory building may be constructed in the side or
rear yard of a property. An accessory building may be constructed
in the front yard of a property provided: (1) the front yard setback
for the accessory building is in compliance with the required front
yard setback for the principal structure or, (2) the front yard setback
for the accessory structure is equal to the actual front yard setback
for the principal structure on a lot where that actual front yard
setback is less than the required front yard setback and is preexisting,
nonconforming. An accessory building may not be located directly between
the front of the principal structure and the road. The required setback
of an accessory building located on a corner lot from the side street
shall be in accordance with the side yard setback requirement for
the principal building from that side street.
C. Height limitation. The height of an accessory building shall not
exceed 35 feet.
D. Setback requirements from an adjacent structure. In residential districts,
the minimum distance of any accessory building from an adjacent building
shall be five feet.
E. Side yard and rear yard setback. All accessory buildings shall have
a minimum distance of 10 feet from side and rear lot lines.
F. Accessory buildings not to be constructed prior to principal buildings.
Where there is no principal building on a property, a building permit
shall not be issued for the construction of an accessory building
prior to the issuance of a building permit for the construction of
the principal building. Where a permit is issued for the construction
of the accessory building and a principal building has not yet been
constructed then the use of the accessory building shall be restricted
to the storage of construction materials for the completion of the
principal building. The zoning permit for the accessory building shall
expire eight months from the date of its completion unless the principal
building has been completed and a certificate of occupancy issued
within that time frame.
G. Accessory buildings in nonresidential districts. Accessory buildings
in nonresidential districts shall meet all the requirements applicable
to the principal buildings.
H. Exception for buildings use for agricultural purposes. Buildings
used for agricultural purposes are exempt from the provisions of this
section in accordance with the provisions of the Right to Farm Act
N.J.S.A. 4:1C-1 et seq. as to agriculturally assessed lands.
[Amended 10-25-11 by Ord. No. 2011-04; 8-25-15 by Ord. No. 2015-07]
A. The parking of commercial vehicles and trailers in residential districts.
(1) Commercial vehicles shall only be permitted to be parked on improved
properties containing a residential structure.
[Amended 4-22-14 by Ord. No. 2014-01]
(2) No more than one commercially registered vehicle shall be permitted
to be parked on a lot in a residential district.
(3) The permitted commercially registered vehicle shall have a gross
vehicle weight of 16,000 pounds or less per manufacturer's rated capacity.
(4) The commercial vehicle shall be parked to minimize the exposure of
the vehicle to the roadway on which the lot is located.
(5) The parking of trailers in residential districts shall be limited
to trailers which are currently registered and parked on property
owned by the registered owner or on property at which the registered
owner resides.
[Added 8-25-15 by Ord. No. 2015-07]
B. Vehicles prohibited in residential districts regardless of size or
weight.
(1) Any vehicles containing or carrying hazardous materials, perishable
fruits, garbage, rubbish, refuse, except trash and recycling collection
vehicles making pickups. Any vehicle containing live animals except
for vehicles transporting pets owned by the residents.
(2) Any vehicles which emit odors, such as tar kettles or spray equipment,
except lawn care service company vehicles.
C. Exempt vehicles.
(1) School bus operated by a resident.
(2) Farm vehicles on property used for an agricultural use.
(3) Vehicles undergoing emergency repairs, not exceeding 24 hours in
duration.
(4) Service vehicles making deliveries and pickups such as furniture
delivery vehicles, not exceeding 24 hours in duration.
(5) Moving vans and moving trucks and trailers for residents moving possessions
to or from their residence. Said vehicle shall not be present on the
property for more than 48 hours.
[Amended 10-25-88 by Ord. No. 88-18; 5-23-89 by Ord. No. 89-7; 5-26-98 by Ord. No. 98-8; 7-27-99
by Ord. No. 99-04; 4-22-14 by Ord. No. 2014-01]
Any existing lot of land with a gross lot area, lot width, lot
frontage or lot depth less than that prescribed for a lot in the zone
in which such lot is located may be used as a lot for any purpose
permitted in the zone, provided that all regulations prescribed for
the zone by this chapter are complied with, and further provided that
the lot was subdivided after Land Use Board approval pursuant to the
provisions of the then-existing Montague Township subdivision ordinance.
Unless a certain use is specifically referred to as a permitted
use, an accessory use or a conditional use, it shall be deemed to
be a prohibited use.
The following uses are specifically prohibited in all residential
zones.
A. Operations involving stockyards and slaughterhouses.
B. Bulk storage of gasoline above ground.
C. Junkyards, automobile dismantling plants or storage of used parts
of automobiles or other machines or vehicles or of dismantled or junked
automobiles, automobile repair shop or service.
G. Dog kennels with more than five dogs over six months of age.
The minimum livable first floor area for a ranch-type house
with no more than two bedrooms shall be eight hundred fifty (850)
square feet. The minimum livable first floor area for each additional
bedroom in a ranch-type house shall be 120 square feet additional.
The minimum livable floor area for split-level house, exclusive of
basement, shall be 1,200 square feet.
In the event that any use is not expressly permitted in a zone
district, it shall be considered a prohibited use.
In repair garages and service stations, all vehicles that are
on the property for more than 24 hours must be kept in an enclosed
area with a fence at least five feet high built of such material that
the vehicles are not visible through the fence.
[Added 7-12-94 by Ord. No. 94-8]
No building or land disturbance shall be permitted within 50
feet of the easement of any pipeline. For the purpose of this section,
"pipeline" shall mean any conduit through which natural gas, petroleum,
or any of their products is conveyed or intended to be conveyed. The
definition of pipeline shall include compressor plants and other facilities
integrated with pipeline operations but shall not include a pipeline
whose purpose is to serve exclusively the subject property.
[Added 12-13-05 by Ord. No. 2005-26]
A. Any variance granted pursuant to an application for development for
only variance relief which is granted by the Land Use Board shall
expire three years from the date of publication of the Resolution
of Approval if the applicant has failed prior to that date to secure
a building permit from the Construction Official, except as otherwise
provided by law and except as hereinafter provided. In the event that
the applicable building permit is revoked in accordance with N.J.A.C.
5:23-2.16(f), then the zoning variance will expire at the time the
building permit is revoked.
B. Any variances granted as part of an application for development where
other development approvals are granted will expire upon the expiration
of the other development approvals statutory period of protected status
including any extensions granted.
[Added 11-9-05 by Ord. No. 2005-25]
Any zoning permit issued shall become invalid two years from
the date of issuance unless a building permit is issued within that
time period. If the applicable building permit is revoked pursuant
to New Jersey Administrative Code 5:23-2.16(f) for the reasons set
forth therein, then the zoning permit will expire at the time the
building permit is revoked.
[Added 6-14-11 by Ord. No. 2011-06]
A. Any person who proposes to establish a kennel or private kennel,
or a shelter or a pound, shall apply to the Township Clerk or Animal
Control Officer for a license entitling him/her to keep or operate
such an establishment.
B. The application shall describe the premises where the establishment
is located or is proposed to be located, the purpose or purposes for
which it is to be maintained, and shall be accompanied by the written
approval of the local Board of Health and Land Use Board, showing
compliance with the local and state rules and regulations governing
location of and sanitation at such establishments.
[Amended 4-22-14 by Ord. No. 2014-01]
C. All licenses issued for a kennel, private kennel, shelter or pound
shall state the purpose for which the establishment is maintained.
Such license shall expire on the last day of January of every year,
and shall be subject to revocation by the township on recommendation
of the State Department of Health or the local Board of Health for
failure to comply with the rules and regulations of the State Department
of Health or the local Board of Health governing the same, after owner
has been afforded a hearing by either the State Department of Health
or the local Board of Health in accordance with the statutes providing
for such hearings.
D. Any person holding such license shall not be required to secure individual
licenses for dogs owned by him/her and kept at such establishments.
Such license shall not be transferable to another owner or different
premises.
E. One female dog in breeding purposes may be kept by no more than one
person for each family household without obtaining a kennel license
for not more than one litter per year, and further provided that the
pups from such breeding shall be sold or disposed of after six months
of age, unless kept as licensed dogs, and that the female dog kept
for breeding purposes must be registered as a breed bitch each year
when the license for the dog is obtained.
F. The fees for kennels and pet shops shall be $25. No fee shall be
charged for a shelter or pound.
G. No dog kept in a kennel, pet shop, shelter or pound shall be permitted
off such premises except on a leash or in a crate or other safe control
device.
H. The rules and regulations of the State Department of Health governing
the operation and maintenance of kennels, pet shops, pounds, and shelters
made effective September 1, 1968, are hereby adopted as provisions
of this chapter by reference to the rules and regulations without
incorporating the same herein in full. A copy of the rules and regulations
shall be maintained in the Township Clerk's Office, and shall be made
available during any reasonable business hours to any person desiring
to see the same.