[Ord. No. 77-1, § 2; Ord. No. 78-26, § 7; Ord. No. 81-43, § 3; Ord. No. 82-30, § 4; Ord. No. 2006-07, § 10; Ord. No. 2009-01, § IV; Ord. No. 2018-24 § 12; amended 6-29-2020 by Ord. No. 2020-16]
(a)
Existing Small Lots Exceptions.
(1)
If a lot with a total area, lot width or lot depth less than prescribed in this chapter appears as a separate lot or parcel, was designated as such on the tax map of the former Borough of Princeton on November 19, 1968, and continues as such at all times thereafter, to and including the date of any application for a zoning permit, such a lot may be used for a one-family dwelling, except in the SB districts, and subject further to the provisions of section B17A-403 below (R1 through R4 districts only). However, each substandard lot shall be developed in conformity with all applicable district regulations, other than the minimum lot area, lot width and lot depth, and subject further to the provisions of section B17A-403 applicable to the R1 through R4 districts.
(b)
Proportional FAR - Alteration and Enlargement of Structures:
Nonconforming Lots. A nonconforming structure or a conforming structure
on a nonconforming lot may be altered or enlarged provided that such
alteration or enlargement neither increases existing nonconformity
nor creates a new noncompliance; except, the gross floor area of a
single-family house or a two-family house that occupies a lot that
is smaller than the required lot area for the district in which the
house is located may be increased proportionately by using the following
formula for determining the adjusted FAR that may be applied to the
existing area (in square feet) of the nonconforming lot:
[1+ [(required lot area - Existing lot area)/required lot area]]
x FAR for the district required lot area
For purposes of this calculation:
(1)
Subtract the existing lot area from the required lot area.
(2)
Divide the result by the required lot area.
(3)
Add 1 to the result.
(4)
Multiply the result by the district FAR expressed as a decimal
to determine the adjusted FAR.
(5)
To obtain the maximum gross floor area for the existing lot,
multiply the adjusted FAR by the existing lot area.
By way of an example, on a 16,000 square foot lot in the R-1
zoning districts where the required lot area is 20,000 square feet
and the maximum FAR is 25% the adjusted FAR stated as a decimal is
0.30 (i.e., 1.20 x 0.25) and the permitted gross floor area is 4,800
square feet (i.e., 16,000 x 0.30).
If such single-family house is in a zoning district in which
residential use is not permitted, the district referred to in the
first paragraph shall be the residence district nearest to such house.
If a variance is granted to allow a single-family house to be
constructed on a vacant lot that is smaller than the required lot
area for the district in which the house is to be located, then the
above formula shall also apply in determining the permitted gross
floor area.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
The required lot depth at any point may be decreased by 25%
if the average lot depth conforms with the minimum requirement.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. No. 90-27, § 14]
Penthouses, bulkheads, television antennae, ornamental spires,
elevator walls, stair enclosures, etc., covering less than 20% of
the roof area, are exempt from height restrictions; except, that penthouses
for residential or nonresidential use may not extend more than 10
feet above the maximum height permitted in the district, if such height
is less than 55 feet or more than 15 feet above the maximum height
permitted in the district, if such height is 55 feet or greater. All
such structures must be 10 feet from the front and rear wall of a
building and three feet from the side walls; except, that walls of
elevators and stair enclosures may be built on the side wall, when
required by the plan of the building.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 8; Ord. No. 82-30, § 4; Ord. No. 2006-07, § 11; Ord. No. 2018-24 § 13]
(a)
In all cases where side and rear yards are not required but
are provided, such yards shall not be less than 10 feet.
(b)
Principal or accessory or secondary residence buildings which
are not of "fire resistive" construction, as defined in the Construction
Code, shall have side yards and rear yards as required in the R4 districts,
unless located in a district requiring larger side yards or rear yards,
in which case the stricter requirements shall apply.
(c)
Subject to the provisions set forth in section B17A-403 (R1 through R4 districts only), if an existing residential building does not, as of the date of the final adoption of this ordinance, conform to the building height to setback ratio with respect to any side yard, an addition to the existing building along that side yard may be built which violates the building height to setback ratio, provided that: (1) the proposed addition's building height to setback ratio for that side yard is no more nonconforming than the building height to setback ratio for the existing building; and (2) the proposed addition's length along that side yard is no more than the length of the existing portion of the building which violates the building height to setback ratio. (3) The minimum side yard requirement shall be met.
Editor's Note: Ordinance No. 2006-07, codified herein, was adopted
April 25, 2006.
[Ord. No. 2006-07, § 12; Ord. No. 2016-42 § 5]
The mean prevailing front yard setback to be applied to a lot
shall be determined as follows:
(a)
The front yard setback for the principal dwellings on each lot
fronting on the same side of the street within 500 feet in either
direction of the lot for which the prevailing front setback is to
be measured and within the same zoning district shall be determined.
The measurement shall not include the setback from the street for
corner lots, where the front yard of the corner lot is measured from
a different street. In calculating the mean prevailing setback, the
largest and smallest setback shall not be included in the calculation.
Setbacks shall be measured to the nearest part of the house excluding
porches and stoops.
(b)
If the mean prevailing front setback as calculated for a lot
is more than five feet or less than five feet of the minimum required
setback, the developer shall be required to conform to the mean setback
figure, plus or minus two feet.
(c)
If the mean prevailing setback as calculated for a lot is not
more than five feet greater or five feet less than the required setback,
then the developer shall comply with the minimum required setback.
(d)
If utilization of the mean prevailing setback would limit the
construction of a dwelling to a size which is less than 80% of the
maximum building size permitted in the district, then the mean prevailing
setback shall be adjusted to a setback which permits the construction
of a dwelling which is 80% of the maximum building size permitted
in the district, for a lot with the minimum lot sit size but not less
than the minimum required front yard setback.
(e)
If the side of the block in which is located the lot contains
three or fewer dwellings then the property owner shall have the option
to match either front yard setback.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4; Ord. 2009-01, § V.; Ord. No. 2016-42 § 3; Ord. No. 2018-24 § 14]
(a)
Cornices, gutters, downspouts and cantilevered roofs may project
not more than three feet into a yard.
(b)
Belt courses, window sills and other ornamental features may
project not more than nine inches into a yard.
(c)
Fire escapes may project not more than six feet into a yard.
(d)
(Reserved) (Deleted by Ord. No. 2016-42 § 3).
(e)
Fences or walls, not over six feet in height, may be erected anywhere on the lot, except as set forth in section B17A-379.
(f)
Paved areas, other than such as are needed for access to the
building on the lot, shall not be located less than four feet from
a lot line.
[Ord. No. 2016-42 § 2; Ord. No. 2018-24 § 15]
(a)
These regulations shall apply to all single family and two family homes, except that in the R1 through R4 districts only, the provisions of section B17A-403 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. 77-1, § 2; Ord. No. 82-30, § 4]
A corner lot shall have one front yard, which shall face on
either street, and one side yard facing the other street. The rear
yard shall be that yard which is generally opposite the front yard.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
At all street intersections in all R1, R2, R3, and R4 districts,
that portion of any corner lot within the triangle formed by the curb
lines of such lot and a line drawn between points on each curb line
40 feet distant from their point of intersection shall be cleared
of all growth and obstructions above the level three feet higher than
the center line of the street, except for isolated trees trimmed to
provide necessary sight distance.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 10; Ord. No. 82-30, § 4; Ord. No. 2006-07, § 13; amended 6-28-2022 by Ord. No. 2022-14]
(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.
Editor's Note: Ord. No. 2022-14 repealed prior § B17A-381, Accessory building not in side or rear yards. History includes Ord. No. 77-1, Ord. No. 78-26 and Ord. No. 82-30.
[Ord. No. 77-1, § 2; Ord. No. 78-26, § 11; Ord. No. 81-24, § 6; Ord. No. 82-30, § 4; Ord. No. 2009-01, § VI]
Where more than one building is located on a single lot, except
on lots of more than one acre in E1 or E2 districts, the following
minimum distances between buildings shall apply:
[Ord. No. 77-1, § 2; Ord. No. 81-24, § 7; Ord. No. 82-30, § 4; amended 4-25-2022 by Ord. No. 2022-10]
Notwithstanding any other provisions of this chapter, no building
on any lot or on the same lot shall intrude into the area required
for the individual wall types as follows:
(a)
Type of wall.
(1)
Primary wall is that wall of a building which contains windows
which in aggregate comprise more than 10% of the total wall area.
(2)
Secondary wall is that wall of a building in which in aggregate
comprise equal to or less than 10% of the total wall area.
(3)
Windowless wall is that wall which contains no windows.
(b)
Minimum distance from the building wall to the walls of other
buildings.
(1)
Primary wall. Six feet plus two feet for each story(s) in height
plus one foot for each 10 feet of length (L.). D = 6 + 2 x s + L/10,
but in no event greater than 10 feet.
(2)
Secondary wall. Two feet plus one foot for each story(s) in
height plus one foot for each 10 feet of length (L), minimum distance
five feet. D + 2 + s + L/10, but in no event greater than 10 feet.
(3)
Windowless wall. Where opposing walls have no windows, there
is no required distance between buildings, other than for fire protection.
Where a window wall is opposite a windowless wall, the distance
between buildings is determined by the required space for the window
wall.
All measurements shall be performed in horizontal projection
at the sill level of the subject window.
Where walls are opposite each other, the minimum distance (D)
between building walls (S), shall be measured at that point where
the buildings are closest to each other and the length (L) shall be
equal to the length of that portion of the shorter wall measured from
that point where it is closest to the opposite wall to the end of
the shorter wall.
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
In multiple dwellings, joint occupancy buildings, dormitories
and boarding houses, courts are permitted only as follows:
[Ord. No. 77-1, § 2; Ord. No. 82-30, § 4]
No building shall be constructed or altered upon a lot that
does not have access to a street, except in an E2 district when the
entire subject building is located more than 150 feet from a public
street; provided, however, that such building may be authorized as
a conditional use:
(a)
In an E2 district, when some part of the building is located
within 150 feet of a public street, upon a finding by the municipal
agency that access to a street is not required for the subject building
in its proposed location.
(b)
In an E1 district, upon a finding by the municipal agency that
access to a street is not required for the subject building in its
proposed location.
