Schedule of regulations. The restrictions and controls intended to regulate development in each district are partially set forth in the schedules incorporated herein and entitled "Schedule 1, Schedule of Permitted Uses," "Schedule 2, Lot and Yard Requirements," and "Schedule 3, Height, Coverage and Building Requirements" and are further supplemented by other sections of this chapter.[1]
[1]
Editor's Note: These schedules are included as attachments to this chapter.
Except as otherwise provided in this chapter:
A. 
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used for, intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted in the district in which such building or land is located.
B. 
No building shall be erected, reconstructed or structurally altered to exceed in height the limit designated for the district in which such building is located.
C. 
No building shall be erected, altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations designated for the district in which such building or open space is located.
D. 
No yard or other open space provided contiguous to any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
A. 
The regulations set forth in Schedule 1, Permitted Uses, shall apply to all buildings and lots within the several districts respectively, unless otherwise specified in this chapter.
B. 
Any use not designated as a permitted principal use, accessory use or conditional use is specifically prohibited from any district in the Township.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
C. 
Exterior alterations which substantially change the character and nature of a building for the purpose of changing the use of the building shall not be permitted in any zoning district in which residences are permitted.
D. 
Zoning districts designated by "H" on the Township Zoning Map shall additionally meet the requirements set forth in § 112-200.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. IV)]
E. 
Development within the I-P Institutional/Public Zoning District shall be subject to § 112-280I, Institutional/public.
[Added 2-26-2008 by Ord. No. 3740]
F. 
Adult day-care facilities shall be permitted in all nonresidential zoning districts, However, adult day-care facilities shall not be subject to the same exemptions provided to child-care centers pursuant to the Municipal Land Use Law.
[Added 12-8-2020 by Ord. No. 4333-20]
A. 
There shall be no more than one single-family or two-family residential principal building erected on any one lot in a residential zone district.
B. 
All principal buildings and required front yard areas must face on a dedicated public street or a private street approved by the Planning Board.
C. 
The following are applicable to principal buildings located in the OP Zone:
(1) 
The outside dimension of a two-story mixed use or nonresidential building shall be limited to 75 feet.
(2) 
The minimum distance between buildings shall be no less than 25 feet.
(3) 
The number of dwelling units within a mixed use building shall be limited to two, and may be arranged in a vertical or horizontal manner utilizing one or two floors or a combination thereof; however, no living space shall be permitted above the second floor.
(4) 
The total number of dwelling units per lot shall be limited to two, contained either in a mixed use building or in a two-family dwelling.
No accessory building permitted by this chapter shall be placed in any required yard except as specified hereinafter in this section.
A. 
The aggregate ground area covered by accessory buildings in any required rear yard shall not exceed 30% of the required rear yard area within any residential zone. Within any business and industrial zone, the aggregate area covered by any accessory buildings shall not exceed 50% of the required rear yard area.
B. 
An accessory building attached to the principal building shall comply in all respects with the requirements of this chapter applicable to the principal building.
C. 
No accessory building within any zone shall exceed the height of the principal building.
D. 
No accessory building erected in a required yard on any lot within any zone shall be used for residential purposes.
E. 
Within the limitations hereinbefore recited, any accessory building within any residential zone shall be a distance not less than the minimum front yard setback distance from the street line required for that zone.
F. 
On through lots, no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on that part of the street which said yard abuts.
G. 
Open, private swimming pools designed and intended for the sole use of resident site occupants shall be considered accessory structures for the purpose of permits and shall be controlled by the New Jersey Uniform Construction Code.[1]
[1]
Editor's Note: See Ch. 146, Construction Codes, Uniform.
H. 
Garden sheds shall be governed by § 112-16, Accessory buildings, except that they may be erected closer to the rear and side property lines as indicated in the below modified schedule. In no instance, however, shall the location of the garden shed be closer to an existing dwelling, which is located on an adjacent lot, than the prescribed minimum side yard depth for accessory buildings of the zone in which the garden shed is to be erected. (See Schedule 2, Lot and Yard Requirements.[2]) Applicants desiring a permit to erect a garden shed within the modified setbacks, must provide the location of dwellings on the adjacent lots on their filed plan. Garden sheds shall not exceed the following standards governing size:
[Amended 9-26-2017 by Ord. No. 4210-17]
(1) 
Height: 12 feet.
(2) 
Total square footage: 200 square feet.
[2]
Editor's Note: Said schedule is included as an attachment to this chapter.
[Amended 1-23-2007 by Ord. No. 3652; 8-14-2007 by Ord. No. 3708]
A. 
No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street on the Township Master Plan or Official Map or unless such street exists as defined herein.
B. 
Through lots and reversed frontage lots shall be prohibited except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages to shape topography or orientation and when vehicular access is permitted on only one street. Vehicular access on more than one street shall be prevented by a deed restriction or similar mechanism approved by the Planning Board or Board of Adjustment.
C. 
Where a building lot has frontage upon a street which, on the Master Plan or Official Map of the Township of Franklin is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.
A. 
No lot shall hereafter be so subdivided or reduced in area as to cause any open space required by this chapter to be less in any dimension than is herein required for the zone and lot in question.
B. 
Where a lot is formed as part of another lot and occupied by a building, such division shall be effected in such a manner as not to impair any of the requirements of this chapter with respect to the existing buildings or yards and open spaces in connection therewith. No permit shall be issued for the erection of a new building on a new lot thus created, unless it complies with all provisions of this chapter.
Regardless of whether the Township or any duly constituted board, agency or department thereof is acting in or pursuant to the performance of a governmental function, carrying out a legislative mandate or in the exercise of its private right as a corporate body, any structure, facility or use, either existing or proposed, owned, operated or controlled by the municipality, or the Franklin Township Board of Education or any of its agencies, shall be permitted in any class of zone; it being the intention that whatever the Township may be authorized to do shall constitute a function of government and that whenever the Township shall act pursuant to granted authority, it acts as government and not as a private entrepreneur.
No building permit shall be issued unless the building lot abuts a street as defined herein giving public access to said building, and until such street shall have been certified by the governing body to be suitably improved or such suitable improvement shall have been assured by means of a performance guaranty in accordance with the standards and specifications for road improvements as required by this chapter.
A. 
No yard or part thereof or any other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this chapter shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other building.
B. 
No yard or lot existing at the time of passage of this chapter shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements established by this chapter.
C. 
In the case of irregularly shaped lots existing at the time of passage of this chapter, the minimum frontage requirements as specified in the schedule shall be measured at the rear line of the required front yard area, provided that in no case shall the frontage or the distance between side lot lines be reduced to less than 50% of the minimum frontage requirement.
D. 
All yard areas facing on a public street shall be considered as front yards and shall conform to the front yard requirements for the particular zone.
E. 
When the rear yard of a corner lot adjoins the front yard of a lot to the rear, no accessory building on such corner lot shall be located nearer to the street on which the lot to the rear faces than a distance equal to the depth of front yard required along such frontage.
F. 
No side or rear yard area shall be required for nonresidential uses abutting railroad right-of-way boundary lines except as considered necessary by the Planning Board to ensure the health, safety and welfare of site occupants.
No soil, mineral or similar materials may be removed from any lot except in accordance with the provisions of Chapter 206, Soil Removal and Deposit.
A. 
Any owner or tenant of lands lying within the limits of the Township shall keep all brush, hedges and other plant life, or any other obstruction, growing or located in the sight triangle area as determined by measurements taken in accordance with current Institute of Transportation Engineers (ITE) formula for sight rights, and where determined to be a safety hazard by the officer designated by the Chief of Police, limited to a height of not more than 2 1/2 feet. At the direction of the officer designated by the Chief of Police, all traffic signs shall be maintained free and clear of obstruction by vegetation.
B. 
Where any owner or tenant of lands described in § 112-24A shall have failed to keep such brush, hedges or other plant life cut to a height of not more than 2 1/2 feet upon written notice to such owner or tenant served personally upon such owner or tenant or mailed to the last known address of such owner or tenant, certified mail, return receipt requested, the Traffic Safety Officer of the Township of Franklin shall, upon the expiration 10 days after delivery of such notice, provide for the cutting of the same under their direction. They shall thereupon certify the cost of such cutting to the Township Council, which shall examine such certificate and if found correct, shall cause the cost as shown thereon to be charged against said lands, or in the event that such cost is excessive, shall cause the reasonable cost thereof to be charged against said lands. The amounts so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
C. 
Any owner or tenant who shall violate any provision of this chapter or fail to comply therewith or with any of the requirements thereof, upon conviction thereof, shall be liable to the penalties in § 112-325. Each and every day such violation continues, shall be deemed a separate and distinct violation.
[Amended 2-14-2006 by Ord. No. 3591]