[Ord. No. 856, § 2; Ord. No. 983, § 4; Ord. No. 1031, § 6; Ord.
No. 96-18; Ord. No. 2017-8 § 2; amended 6-29-2020 by Ord. No. 2020-16]
The following uses are permitted in districts R-A through R-H, in addition to those permitted by Section T10B-253:
(a)
Single-family houses.
(b)
It shall be considered a single-family use to provide supportive
personal and health services within a dwelling unit to persons residing
in the dwelling unit.
(c)
Accessory uses on the same lot with, and customarily incidental
to, the foregoing permitted use.
(1)
As used herein, a permitted accessory use shall include a home
occupation; provided, as follows:
a.
Only one such occupation shall be carried on per dwelling unit.
b.
Such occupation shall be carried on within the principal building,
and the floor area used for that purpose shall not exceed the equivalent
of 40% of the area of the ground floor or 400 square feet, whichever
is less.
c.
There shall be at least one additional parking space available
per home occupation, in addition to the required parking for the district.
d.
Such occupation shall be carried on by a resident, with no regularly
employed assistants or associates, except for residents living on
the premises.
e.
Articles sold or offered for sale shall be limited to those
produced in the dwelling unit.
f.
There shall be no exterior display, no exterior storage of materials,
no exterior sign, and no other exterior indication of the home occupation
or change in residential character of the principal building.
g.
There shall be created no dangerous, injurious, noxious or otherwise
objectionable fire, explosive or other hazard; noise or vibration;
smoke, dust, odor or other form of air pollution; heat, cold or dampness,
electromagnetic or other disturbance; glare; liquid or solid refuse
or other wastes; or other objectionable substance, condition or element.
(2)
As used herein, a permitted accessory use shall include the
installation of solar panels, provided that:
a.
Said panels are affixed to an existing roof on an existing dwelling.
b.
Said panels are affixed within the existing footprint of the
existing roof.
c.
Said panels do not increase the height of the existing roof
by more than six inches.
Solar panels complying with the requirements herein shall be
exempt from height requirements, setback to height ratio, height to
setback ratios, and required front, side and rear yard setbacks.
(3)
As used herein, a permitted accessory use shall include an accessory
dwelling unit, provided that:
[Added 6-29-2020 by Ord.
No. 2020-16; amended 6-28-2022 by Ord. No. 2022-14]
a.
There shall not be more than one accessory dwelling unit per
lot.
b.
The accessory dwelling unit shall be used only for residential
purposes for one family.
c.
The size of the accessory dwelling unit shall not exceed 800
square feet or twenty-five percent of the total floor area of the
principal dwelling unit, whichever is greater, except that accessory
dwelling units that are restricted to occupancy by low- and moderate-income
families in accordance with the requirements of the Uniform Housing
Affordability Controls ("UHAC"), N.J.A.C. 5:80-26.1 et seq. or successor
regulations, shall not exceed 1,000 square feet or thirty percent
of the total floor area of the principal dwelling unit, whichever
is greater. In addition to the foregoing, if the accessory dwelling
unit is fully handicapped accessible under New Jersey's Barrier Free
sub-code, the property as a whole shall be granted an increase of
5% of the total maximum floor area allowed, which can be applied either
to the principal dwelling or to the accessory dwelling, or both.
d.
The provisions of subsection c. above notwithstanding, no detached
structure containing an accessory dwelling unit shall exceed the size
of the principal dwelling.
e.
There shall not be more than three habitable rooms per accessory
dwelling unit, except for accessory dwelling units that are restricted
to occupancy by low- and moderate-income families in accordance with
the requirements of the Uniform Housing Affordability Controls ("UHAC"),
N.J.A.C. 5:80-26.1 et seq. or successor regulations, which shall be
allowed a maximum of four habitable rooms.
f.
There shall be no external entrance that faces a street and
that is separate from any other external entrance to any building
on the same lot facing the same street.
g.
The accessory dwelling unit shall not eliminate the required
parking for the principal single-family dwelling on the lot. No additional
off-street parking shall be required for accessory dwelling units
that contain two habitable rooms. One additional off-street parking
space shall be required for accessory dwelling units that contain
three habitable rooms.
h.
Stairways leading to an accessory dwelling unit located above
the ground floor of a principal single-family dwelling shall be enclosed
or located at the rear of the principal single-family dwelling.
i.
Balconies and decks associated with an accessory dwelling unit
shall face the interior of the lot.
j.
Rooftop decks associated with an accessory dwelling unit shall
be permitted, subject to compliance with the applicable zoning district's
setback requirements for principal structures.
k.
An accessory dwelling unit that is attached to the principal
single-family dwelling shall utilize the same exterior materials and
colors as the principal single-family dwelling.
l.
Except as set forth herein and in subsection T10B-255(c)(3)h. above, a detached accessory dwelling unit shall comply with the bulk requirements pertaining to accessory structures for the zoning district in which it is located, except that in no case shall the distance between the detached accessory dwelling unit and the habitable portion of the principal single-family dwelling be less than five feet. The foregoing notwithstanding, ADUs may be constructed on any undersized lot in existence as of July 1, 2020 provided the proposed development complies with all other applicable bulk requirements for the district in which the property is located.
m.
Any accessory dwelling unit in existence as of July 1, 2020 that does not comply with the requirements of this subsection T10B-255(c)(3) may continue to be used, and any such accessory dwelling unit may be altered or reconstructed, provided that the alteration or reconstruction does not create any new or additional nonconformities.
n.
In the event of any conflict between the provisions of this
section and any other provisions of the Borough or Township Code,
the provisions of this section shall control.
(d)
Recreational vehicles and trailers belonging to an occupant
of premises may be stored outdoors on such premises in districts R-A
through R-H; provided, that they shall be located or screened in such
a manner that they cannot be seen from the public right-of-way abutting
the lot on which the items are stored or from the adjoining property
along or below a sight line of six feet above ground level. Screening
may be accomplished by the placement of buildings or fences or by
plantings affording a solid, year-round screen.
[Ord. No. 2016-42 § 2; Ord. No. 2018-24 § 8]
(a)
These regulations shall apply to all single family and two family homes, except that in the R-1 through R-9 districts only, the provisions of Section T10B-255.2 regarding porches and projections into front yards shall govern.
(1)
Porches:
a.
Roofed front porches may encroach into the front setback a maximum
of eight feet provided the porch does not exceed 200 square feet and
the majority of the structures within 500 feet in either direction
of the lot have roofed porches that encroach on the front setback
area. Porches which encroach into the front setback may not have a
second floor, balcony, deck or be enclosed on all side.
[Ord. No. 2018-24 § 1]
Except as otherwise specifically noted in the provisions that
follow, the requirements set forth in this section shall apply to
all lots developed or to be developed with a residential use in the
R-1, R-2, R-3, R-4, R-5, R-6, R-7, R-8, and R-9 zoning districts of
the former Township and the R1, R2, R3, and R4 zoning districts of
the former Borough, and in the event of a conflict between the provisions
of this section and any other provision of this Chapter, the provisions
of this section shall prevail.
(a)
House orientation & access.
(1)
Applicability. The provisions of this subsection shall apply
to lots 1/2 acre (21,780 square feet) or less in lot area.
(2)
Orientation.
a.
The dwelling and front entrance shall be oriented to face toward
and relate to the street (and the public sidewalk, if present).
(3)
Private Walkways. (see Figs. 1 and 2).
a.
(A) Private walkways shall be located on a property to facilitate
pedestrian access between the front entrance of the dwelling (and
the public sidewalk, if present), with the following exceptions:
- Lots with no public sidewalk
- Lots with a front yard setback 75 feet or greater
- Lots with a motor-court garage
- Lots with a U-shaped driveway
b.
Width of Walkway: Min. three feet (B).
c.
Setback from Driveway (except for portions of the private walkway
providing access between driveway and front entrance): min 1' (C)
Figure 1
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Figure 2
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(b)
Facade articulation - walls facing a street.
(1)
Applicability. The provisions of this subsection shall apply
to each wall facing a street.
(2)
Street Wall Articulation (see Figs. 3 through 6).
(3)
Street Wall Fenestration.
a.
The maximum length of blank wall not containing windows, doors,
garage doors or other openings shall not exceed 15 feet on each floor.
b.
A minimum of 10% of the total area of any wall facing a street
shall consist of windows and doors, except for garage bay doors.
Figure 3
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Figure 4.
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Figure 5.
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Figure 6.
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(c)
Facade articulation - walls not facing a street.
(1)
Applicability. Except for in the former Township R-9 zoning
district and the former Borough R4 zoning district, the provisions
of this subsection shall apply to any wall not facing a street or
a rear lot line.
(2)
Side Wall Articulation (see Fig. 7).
(3)
Side Wall Fenestration (see Fig. 8).
a.
(D) The maximum length of blank wall not containing windows,
doors, garage doors or other openings, shall not exceed 10 feet from
the front facade and 25 feet elsewhere, as measured on each floor.
b.
(E) A minimum of 5% of the total area of any side wall shall
consist of windows and doors, except for garage bay doors.
Figure 7
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Figure 8
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Note: For the purposes of this subsection, walls shall be measured
vertically from average finished grade to top of wall and horizontally
from edge of framing to edge of framing. Fascia boards and areas behind
a roof shall not be included. Permitted openings shall be measured
by the area of their rough openings. The above illustration depicts
5% openings.
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(d)
Front entry garages (see Figs. 9 through 12)
(1)
Location and recess requirements.
a.
(A) That portion of a one- or two-bay front entry garage facing
a street that is part of the principal structure shall be recessed
behind the nearest portion of the principal structure's facade by
a minimum distance of 16 feet. Front-entry garages with more than
two bays shall not be permitted.
(e)
(f)
Garage on corner lots.
(1)
Applicability. The following provisions shall apply to corner
lots.
(2)
Location & Recess Requirements (see Figs. 15 through 17).
a.
(A) A garage shall be located on the side of the dwelling farthest
away from the street intersection.
b.
(B) On lots 75 feet or less in width, the garage shall be accessed
by a driveway from the secondary street (not the primary street),
and that portion of the garage facing the street that is part of the
principal structure shall be recessed behind the nearest portion of
the facade of the principal structure by a minimum distance of eight
feet.
Figure 15
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Figure 16
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Figure 17
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(g)
Garage on narrow lots.
(1)
Applicability. The following provisions shall apply to all lots
other than corner lots that are 60 feet wide or less, but only in
the R-7, R-8 and R-9 zoning districts in the former Township, and
the R3 and R4 zoning districts in the former Borough.
(2)
Design Provisions (see Figs. 18 and 19).
a.
An attached garage, porte-cochere or carport may extend into
the side yard setback as follows:
1.
(A) The structure may extend no greater than five
feet into the setback.
2.
(B) The structure shall be no closer than five feet
from a property line.
3.
(C) The structure shall not be greater than 30 feet
in length within the portion of the structure that extends into the
setback.
4.
(D) The structure shall be no greater than one story
and a maximum of 15 feet in height to the peak of the roof, within
the portion of the structure that extends into the setback.
b.
(E) Habitable space may be located above the garage, provided
the habitable space is located within the permissible building envelope
and does not extend into the setback.
(h)
Motorcourt garages on large lots.
(1)
Applicability. The following provisions shall apply to lots
125 feet or greater in width, except corner lots.
(2)
Design Provisions (see Fig. 20).
a.
(A) A motor-court garage may be located in front of the foremost
portion of the dwelling.
b.
(B) The garage shall be oriented toward the interior of the
lot, and not the street or the side of the property.
c.
(C) The garage shall be limited to parking for three vehicles.
d.
(D) The garage shall be no higher than one story and a maximum
of 25 feet as measured to the peak of the roof, or the height of the
principal structure, whichever is less.
e.
The garage shall not contain habitable space above.
f.
(E) The bottom of the roof eave shall be no greater than 12
feet above average finished grade, as measured along the foremost
portion of the garage facing the street.
Figure 20
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(i)
Driveway location and design (see Figs. 21 through 23).
(2)
Setbacks.
a.
(A) From intersecting lot lines at street corners: Min. 40 feet.
b.
(B) From side lot lines on lots greater than 50 feet in lot
width: Min. five feet.
c.
(B) From side lot lines on lots 50 feet or less in lot width:
Min. three feet.
d.
(B) From side lot lines with shared driveway with adjoining
lots: None.
(j)
U-shaped driveway location and design (see Fig. 24).
(k)
Narrow and non-conforming lot conditions.
(1)
Non-conforming lots.
a.
Any existing permitted single-family dwelling on a lot that
is non-conforming as to area, frontage, width or depth may be altered
or enlarged, provided that all other bulk requirements of this Chapter
are complied with.
(2)
Non-conforming yard setbacks.
a.
The provisions of this subsection (2) shall apply only to lots
located in the Township R-9 district or the Borough R4 district, or
lots that are no greater than 6,000 square feet in area or 60 feet
in width.
b.
For those lots defined in subsection (2)a above, a permitted
single-family dwelling with non-conforming yard setbacks may be altered
or enlarged, provided that such alteration or enlargement does not
affect, extend or increase the non-conformity, except as follows:
1.
The alteration or enlargement involves the extension
of an existing exterior side wall with a non-conforming side yard
setback that is a minimum of 50% of the individual side yard setback
requirement for the district in which it is located. In no case shall
an individual side yard setback be permitted to be less than three
feet from a side or rear property line.
2.
The alteration or enlargement involves the extension
of an existing exterior side wall with a non-conforming side yard
setback that is a minimum of 75% of the combined side yard setback
requirement for the district in which it is located.
3.
The alteration or enlargement within the setback
area shall be limited to 15 feet in length and one story in height.
This provision shall not apply to two-story additions or additions
involving the third floor.
4.
All other bulk requirements of this Chapter are
complied with.
(3)
Non-Conforming Height-to-Setback Ratio Planes.
a.
A permitted single-family dwelling with non-conforming height-to-setback
ratio may be altered or enlarged, provided that such does not affect,
extend or increases any non-conforming height-to-setback ratio, except
in the case of the reconstruction, alteration or enlargement of dormers
that project into the required height-to-setback ratio plane, subject
to the provisions of subsection (1) "Supplementary provisions" below.
(4)
Adjusted Height-to-Setback Ratio for Narrow Lots.
a.
On lots 45 feet or less in width, the height-to-setback ratio
shall be 4.5:1.
(l)
Supplementary provisions.
(1)
First Floor Finished Floor Elevation.
a.
On lots 1/2 acre or less in size, the finished floor elevation
(F.F.E.) of the first floor shall not be raised more than 48 inches
above the average finished grade, as measured along the front wall
closest to the street.
(2)
Permitted Projections.
a.
Cornices, eaves, chimneys, gutters, downspouts, awnings, canopies,
cantilevered roofs, uncovered balconies and bay windows may project
not more than three feet into any yard setback and height-to-setback
ratio plane.
b.
Belt courses, window sills and other similar ornamental features
may project not more than nine inches into any yard setback.
c.
Window wells may project not more than three feet into any yard
setback.
d.
Fire escapes may project not more than six feet into a side
or rear yard setback.
e.
Non-enclosed one-story porches, porticos, stoops and entrance
platforms leading to the front entrance may project not more than
eight feet into a front yard setback. Such porch, stoop and entrance
platform may have an uncovered balcony directly above provided it
has the same footprint as, and is attached to, the structure below.
f.
Non-enclosed one-story porches, porticos, stoops, entrance platforms,
uncovered decks, and basement entrances may project not more than
four feet into a side or rear yard setback.
g.
In no case shall a permitted projection be less than three feet
from a side or rear property line.
h.
Steps leading to a porch or stoop may project into a yard setback
without limitation, provided that the steps do not encroach upon the
public right-of-way.
(3)
Dormers Projecting into Height-to-Setback Ratio Planes (see
Fig. 25).
a.
Dormers may project into the height-to-setback ratio plane as
follow:
1.
(A) The front wall of any dormer shall not project
beyond the wall of the story directly below.
2.
(B) In no case shall any dormer project above the
ridgeline of the roof in which the dormer is built.
3.
The cumulative width of the front wall(s) of the
dormer(s) shall not exceed 50% of the width of the roof containing
such dormer(s).
4.
The side walls of any dormer shall not be closer
than 18 inches to the projected plane of the wall below.
Figure 25
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(4)
A/C Condenser Units, Generators, Transformers, and Above-Ground
Fuel Tanks.
a.
A/C condenser units, generators, transformers, above-ground
fuel tanks and other similar devices shall be subject to the following
provisions:
1.
No such device shall be located in a front yard.
On corner lots and through lots, such device may be located on the
side of the property fronting on a secondary street provided it is
set back a minimum distance of 10 feet from the property line along
the secondary street.
2.
Such devices shall be set back a minimum distance
of three feet from the side and rear lot lines, except generators,
which shall be set back a minimum distance of five feet from the side
and rear lot lines.
[Ord. No. 856, § 2; Ord. No. 983, § 5; Ord. No. 996, § 1; Ord.
No. 1020, § 8; Ord. No.
82-17, § 7; Ord. No. 84-31, § 4; Ord. No. 2002-23, § 1.]
Residential clusters are permitted in the following districts: R-A, R-B, R-1, R-2, R-3, R-4, R-5, R-H (subject to the provisions of section T10B-252.2), E-2, E-3, OR-1 and OR-2. The standards governing residential clusters are set forth in Article IX, Division 9
[Ord. No. 83-32, § 4; Ord. No. 2010-11, § 1.]
(a)
(1)
The township engineer shall retain in his files, available for
public inspection, the following records and documents relied upon
by the township in determining and distinguishing the current R-A
and R-B zoning districts:
a.
The Rules of Combination of Environmental Factors for Determining
and Distinguishing the R-A and R-B Zoning Districts, prepared by Wallace,
Roberts & Todd.
b.
Township topographic maps of the R-A and R-B zoning districts
with five foot contours scaled at one inch equals 200 feet, dated
1962.
c.
Interpretive physiographic map, scaled at one inch equals 200
feet, defining and delineating plateaus and slopes in R-A and R-B
districts, prepared by township engineer.
d.
Vegetation cover types map, prepared by Wallace, Roberts &
Todd.
e.
Composite prepared by Wallace, Roberts & Todd, showing R-A
and R-B districts, of aerial photographs obtained from Delaware Valley
Regional Planning Commission, scaled at one inch equals 800 feet,
dated 1980.
f.
U.S. Department of Agriculture, Soil Conservation Service, January,
1972, Soils Survey of Mercer County, N.J.
g.
U.S. Department of Agriculture, Soil Conservation Service, Engineering,
Division, January, 1975, Urban Hydrology for Small Watersheds, Technical
Release No. 55.
h.
Guide to the Classification and Mapping of Soils, Soil Conservation
Service, U.S. Department of Agriculture.
(2)
An owner of a tract located in the R-A district may request
a rezoning of that tract to the R-B district where it appears through
evidence developed by him or on his behalf by a reputable soils scientist
consistent with the standards and procedures of the documents and
agencies identified in paragraph (a)(1) that the tract, through error
in mapping and/or designation of soil type, has been improperly placed
on the R-A district and that a rezoning of the tract to R-B will meet
the topographic, soil and vegetative criteria and conditions requisite
for R-B zoning.
(3)
A request for rezoning of a tract from R-A to R-B shall be directed
to the township committee and shall be accompanied by such evidence
as the owner has developed pursuant to paragraph (a)(2). In those
cases where the request is based upon erroneous soil designation or
erroneous mapping of soil, the owner shall before presentation of
the request obtain from the U.S. Department of Agriculture, Soil Conservation
Service, written confirmation of the existence of the alleged error
and approval for the correction sought. In all cases, the request
and all supporting evidence and information shall be referred to the
township engineer, who shall review same and the documents described
in paragraphs (a)(1) and, based upon that review and an inspection
of the tract if warranted, shall make a recommendation to the township
committee as to whether or not the requested rezoning is appropriate.
(4)
No request for rezoning from R-A to R-B shall be entertained
where, in advance of such request, an owner of a tract has engaged
in the modification of the topography or soil conditions of that tract,
which modification of the topography or soil conditions of that tract,
which modification would aid in the obtaining of the requested rezoning.
(b)
(1)
Any tract of land lying partially within the R-A district and
partially within the R-B district may be subdivided into lots which
are also partially within the R-A and partially within the R-B district,
provided that:
a.
Any such lot not complying with the bulk requirements for the
R-A district must comply with the bulk requirements for the R-B district
and be more than 50% within the R-B district; and
b.
The owner may not plat a number of lots not complying with the
bulk requirements for the R-A district greater than the number arrived
at by dividing the R-B acreage of the tract by three.
(2)
If a tract of land lying partially within the R-A and partially
within the R-B district cannot be subdivided, the zoning regulations
of the zoning district in which more than 50% of the tract is situate
shall govern.
(3)
Where a tract of land lies partially within the R-A district
and partially within either the R-1 or R-2 district, if said tract
is subdivided, any new lots to be created thereby which comply with
the bulk requirements for the R-A district may include land from the
R-1 and R-2 district; however, any lots to be created thereby which
do not comply with the bulk requirements for the R-A district may
not include land from the R-A district.
(c)
Nursing homes and assisted living residences are prohibited
in the R-A or R-B zoning districts.
[Added 6-28-2022 by Ord. No. 2022-14]
Editor's Note: The Affordable Housing-3 Residential (AH-3) District, previously codified herein, was moved to § T10B-272.84.
(a)
Front yard. No accessory building or structure shall be located
in any front yard.
(b)
Side or rear yards. Accessory structures may be located in any
side or rear yard in accordance with the following requirements:
(1)
Accessory structures shall be set back a minimum distance from
the side and rear property lines that is based on the type and/or
size and height of such structure, as follows:
a.
An accessory structure not exceeding 100 square feet in area
and one story and ten feet in height: three feet.
b.
An accessory structure not exceeding one-and-a-half stories
and twenty feet in height: five feet.
c.
An accessory structure not exceeding two stories and twenty-five
feet in height: same setback as is required in the district for principal
buildings or structures.
d.
Tennis courts: twenty feet.
e.
Swimming pools with an area of more than 250 square feet or
a depth of more than eighteen inches: fifteen feet, measured to the
outermost limit of the pool and any decking or patios surrounding
it.
(2)
An accessory structure located in the side or rear yard setback
area for principal structures shall not exceed the height of the principal
structure or twenty feet, whichever is less.
(3)
An accessory structure located on the portion of a lot not included
in any yard setback area for principal structures shall not exceed
the height of the principal structure or twenty-five feet, whichever
is less.
(c)
Corner lots. Accessory structures on a corner lot shall be stepped back from any property line along a street a minimum of five feet from the facade of the principal structure facing said street or the minimum required setback pursuant to subsection (b) above, whichever is greater.
(d)
Adjacent lots. In the case of adjacent lots, accessory structures
constructed at the same time may be attached, located along the common
lot line and may have a common wall.
(e)
Building height-to-setback ratio. Accessory structures shall
be exempt from the height-to-setback ratios, if any, applicable to
principal structures in the zone in which the accessory structure
is located.
