Township of Harmony, NJ General Provisions

Unless the context clearly indicates the contrary, the present tense shall include the future; the singular shall include the plural; the word "lot" shall include the word "plot"; the word "structure" shall include the word "building"; the word "shall" is always mandatory and not discretionary; the word "may" is permissive. The word "person" includes a corporation or partnership. The word "use" and the word "used" refer to any purpose for which a lot or land or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use, and to any purpose for which a building or structure or part thereof is arranged, intended or designed to be used, occupied, maintained, made available or offered for use or erected, reconstructed, altered, enlarged, moved or rebuilt with the intention or design of using the same.

For the purposes of this chapter, the terms and words listed in this section shall have the meanings herein given. Terms and words not defined herein but defined in the Uniform Construction Code, N.J.A.C. 5:23, shall have, for the purposes of this chapter, the meanings given them in the Uniform Construction Code, as the same now reads or may be amended. Terms and words not defined herein nor in the Uniform Construction Code, but defined in the Municipal Land Use Law, shall have, for the purposes of this chapter, the meanings given them in the Municipal Land Use Law, its amendments or supplements thereto.[1] Terms and words not defined in any of the above shall have the meanings assigned to them in the Residential Site Improvement Standards, N.J.A.C. 5:21. Terms and words not defined in any of the foregoing sources shall have the meanings established by common usage of the words unless the context herein clearly indicates the contrary.

ACCESSORY APARTMENT

A portion of an existing single-family dwelling that has been converted in accordance with the provisions of § 525-56 of this chapter to an additional dwelling unit under a Township-sponsored affordable housing program in which public funds are granted for the creation or maintenance of the accessory apartment in exchange for a condition that the unit shall be deed restricted for occupancy by and affordable to a qualified very-low-, low- or moderate-income household, as applicable, for a period of at least 10 years. This term may also encompass preexisting, illegal apartments that are legalized through the accessory apartment program.

[Added 9-6-2011 by Ord. No. 11-10; amended 12-3-2019 by Ord. No. 19-14]

ACCESSORY BUILDING OR STRUCTURE

A building or structure, the use of which is customarily incidental to that of the main building and which is located on the same lot as that occupied by the main building.

ACCESSORY USE

A use customarily incidental to the principal use of a building, lot or land or part thereof.

ALTERATION OF A BUILDING

Any change in the supporting members of a building except such change as may be required for its safety; any addition to a building; or removal of a building from one location to another.

ANTENNA

Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radio signals) and television signals.

AREA OF A BUILDING

The horizontal area of the principal and accessory buildings, measured around the outside of the foundation walls and of the floors of roofed porches and roofed terraces, inclusive.

BASEMENT

A story partly above grade level having more than 1/2 of its floor-to-ceiling height above the average level of the adjoining ground. A basement shall be a story if used for business or dwelling purposes.

BOARD

The Land Use Board of Harmony Township.[2]

[Amended 2-1-2005 by Ord. No. 05-2]

BUILDING

A structure constructed or erected on the ground, with a roof supported by columns or walls. The term "building" shall be construed as if followed by the words "or part thereof."

CELLAR

A story having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground. No cellar or portion thereof shall be used as a dwelling unit.

COAH'S RULES

The Substantive Rules adopted by the New Jersey Council on Affordable Housing (COAH), as set forth at N.J.A.C. 5:94-1 et seq.

[Added 6-9-2005 by Ord. No. 05-9]

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Land Use Board.

DISTRIBUTION CENTER

An establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle. A distribution center differs from a warehouse in that its purpose is to break down large orders from a single source into smaller orders and/or to consolidate several orders into a single large order for distribution to several recipients. Some warehousing functions may occur as part of the distribution process. A distribution center does not include retail sales, assembly or product processing.

[Added 2-1-2005 by Ord. No. 05-2]

DUMP

A lot or land or part thereof used for disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, offal, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.

DUPLEX

A detached building designed for and containing two dwelling units which are entirely separated from each other by unpierced vertical walls extending from foundation to roof. Unless otherwise specifically listed as a permitted use in a zoning district, duplexes are intended to be used and occupied only by low- and moderate-income households for the sole purpose of meeting the Township's affordable housing obligations.

[Added 6-9-2005 by Ord. No. 05-9]

DWELLING

A house or building or portion thereof which is occupied in whole or in part as the home, residence or sleeping place of one or more families.

DWELLING, SINGLE-FAMILY

A single building designed and constructed for and limited to use by a single family.

DWELLING, TWO-FAMILY

A detached building designed for and containing two dwelling units, which are entirely separated from each other by vertical walls or horizontal floors, which are intended only to meet the Township's affordable housing obligation and senior citizen housing need, and which shall be used and occupied only by low- and moderate-income and/or senior citizen households, consistent with the settlement agreement approved by the Council on Affordable Housing.

DWELLING UNIT

Residential quarters occupied by one family.

ECHO UNIT

Elder cottage housing opportunity unit, separate and detached living quarters, accessory to a principal residence for the exclusive use and occupancy by elderly persons, at least one of which shall be related by blood or marriage to the owner of the lot and one of which shall be of an age 55 years or older, and located upon the same lot as the principal residence.

FAA

The Federal Aviation Administration.

FAMILY

One or more persons living privately as a single housekeeping unit and using cooking facilities in common and not under a normal landlord-tenant relationship.

FARM

Any parcel of land containing at least five acres which is used for gain in raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures within the prescribed limits and the storage of equipment used but does not include residential structures. It excludes the raising of fur-bearing animals, riding academies and dog kennels. It also excludes the raising of swine within 200 feet of a property line or on a parcel of less than 10 acres; not more than 25 swine shall be permitted on one farm.

FCC

The Federal Communications Commission.

FLOOR AREA, GROSS

The sum of the gross horizontal areas of the floor or floors of a building, whether used for occupancy, business or storage. Said areas shall be measured between the outside face of exterior walls or from the center line of walls separating two uses. Said areas shall include usable areas below the level of the adjoining ground, garage space or accessory building space.

FLOOR AREA, NET OR FLOOR AREA, LIVEABLE

The sum of the horizontal areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. Said areas shall be measured between the inside face of exterior walls or from the center line of walls separating two uses. Said areas shall not include areas devoted to mechanical equipment, areas devoted exclusively to off-street parking and loading space for motor vehicles, areas of stairways or elevators, areas of cellars as herein defined, areas where the floor-to-ceiling height shall be less than seven feet, and, in the case of residential uses, shall not include any area not finished to the requirements necessary for human occupancy as required for a certificate of occupancy.

FREESTANDING SOLAR ARRAY

A solar energy system, as defined herein, that is elevated off the ground to allow clearance of at least 16 feet with parking or other impervious surfaces beneath.

[Added 2-15-2012 by Ord. No. 11-12]

GARAGE, PRIVATE

A garage for the storage of motor vehicles not conducted as a business.

GARAGE, PUBLIC

A garage for the storage of motor vehicles conducted as a business.

GROUND-MOUNTED SOLAR ARRAY

A solar energy system, as defined herein, that is mounted on the armatures anchored to the ground with ground cover beneath.

[Added 2-15-2012 by Ord. No. 11-12]

HEIGHT

When referring to a tower or other structure, the distance measured from the lowest finished grade of the base of the tower to the highest point on the tower or other structure, including the base pad and any antennas or other appurtenances.

HEIGHT OF BUILDING

The vertical distance measured from the average finished grade level immediately adjacent to the building foundations to the extreme high point of the building, exclusive of chimneys, antennas, farm silos and similar fixtures.

HOME OCCUPATION

A customary personal service occupation such as dressmaking, millinery, home cooking and hairdressing, provided that such occupation shall be conducted solely in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building or 500 square feet, whichever is less, and further provided that no display of products made shall be visible from the street and that no stock-in-trade shall be kept.

HOME OFFICE

A home office primarily used for "telecommuting" or a business totally self-contained within the dwelling and that does not generate any vehicular or pedestrian traffic, provided there are no employees other than occupants of the dwelling, no clients or customers and no deliveries except as would be generated by a residence not containing a home office, and further provided that no more than 15% of the floor area of the dwelling is occupied by the home office.

HOME PROFESSIONAL OFFICE

The office or studio of a resident physician, dentist, lawyer, architect, engineer or teacher as herein restricted, provided that no more than two persons are employed who are not members of the family and that such office shall be in the main building and shall not occupy more than the equivalent of 1/2 of the area of one floor of said building or 500 square feet, whichever is less. For the purpose of this definition, a "teacher" shall be restricted to a person giving individual instruction in a musical instrument, in singing or in academic or scientific subjects to a single pupil at a time.

IMPERVIOUS COVERAGE

The percentage of lot area that is occupied by structures, principal and accessory, and areas which are paved with material having a coefficient of runoff ("c") as defined by storm drainage computations in excess of 0.75.

INDUSTRIAL PARK DEVELOPMENT

A land subdivision or development of or for the purpose of one or more industrial or office buildings, said subdivision or development having a unified plan for the use of the parcel to be developed or subdivided.

INDUSTRY or INDUSTRIAL

Means and includes the storage, manufacture, preparation, processing or repair of any article, substance or commodity and the conduct of the industrial trade, but shall not mean such preparation, processing or repair as is customarily applied to articles, substances or commodities in retail businesses or trade for on-the-premises transactions. This shall include light industry or light industrial as hereinafter defined.[3]

INDUSTRY OR INDUSTRIAL, LIGHT

Manufacture, processing, or assembly of materials into a finished product. This shall not include the manufacture of finished product from raw materials nor any process or facility which emits any noise, glare, dust, odors, vibrations, smoke, fumes or other emissions.

LAND USE BOARD

The Planning Board of Harmony Township as authorized pursuant to N.J.S.A. 40:55D-25(c) to exercise the powers of the Planning Board and to exercise the authority of the Board of Adjustment. Use of the term "Land Use Board" shall be as used herein, referring to the Harmony Township Planning Board in the exercise of its singular and joint powers.

[Added 2-1-2005 by Ord. No. 05-2]

LIGHT INDUSTRIAL

The fabrication, processing or assembly of goods and materials into a finished product or the storage/warehousing and/or distribution of bulk goods and materials whether or not they are related to the foregoing uses. Light industrial uses shall not include the manufacture of finished products from raw materials or any process which emits offensive noise, glare, dust, odors, vibrations, smoke, fumes, objectionable effluent, or creates a major hazard from fire or explosion.

[Added 12-10-2002 by Ord. No. 02-13; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon a unit.

LOT AREA

The total horizontal area included within lot lines, exclusive of the area within the street line.

LOT, CORNER

A lot fronting on two or more streets at their intersection.

LOT COVERAGE

The percentage of the lot area that is occupied by the area of a building and accessory buildings.

LOT, INTERIOR

Any lot other than a corner lot.

LOT LINE

Any boundary line of a lot.

LOT WIDTH

The least continuous horizontal dimension between side lot lines measured at the distance from the street line which establishes the minimum required front yard, but not less than 75 feet at the street line. On corner lots, the lot width shall be measured between a street line and the opposite side lot line.

LOWER-INCOME HOUSEHOLD

A household meeting the regional income limits for low- or moderate-income households of the same size, according to the United States Department of Housing and Urban Development or other recognized source.

LOWER-INCOME HOUSING

Dwelling units which are affordable by purchase or rent to a qualified lower-income household spending not more than 28% of the monthly household income for sale housing and 30% of the monthly household income for rental housing.

LOW INCOME

Households with a gross income equal to 50% or less of the median gross income of households of the same size within the same region, according to the United States Department of Housing and Urban Development or other recognized source.

MOBILE HOME

A structure designed or used for occupancy as a residence, built upon or having a frame or chassis to which wheels may be attached by which it may be moved upon a highway, whether or not such structure has at any given time such wheels attached or is jacked up or skirted.

MODERATE INCOME

Households with a gross income equal to more than 50% but less than 80% of the median gross income of households of the same size within the same region, according to the United States Department of Housing and Urban Development or other recognized source.

MULTIFAMILY DWELLING

A dwelling within a building containing one or more other dwellings on the floor above or below it and separated from other dwellings on the same floor by common walls, with each dwelling unit having a separate entrance either from the out-of-doors or from a common hall or foyer within the building.

NONCONFORMING BUILDING OR STRUCTURE

A building or structure lawfully existing at the effective date of this chapter or any amendment thereto affecting such building or structure which does not conform to the regulations of this chapter for the zone in which it is situated, irrespective of the use to which such building or structure is put.

NONCONFORMING USE

Any use of a building, structure, lot or land or part thereof lawfully existing at the effective date of this chapter or any amendment thereto affecting such use which does not conform to the regulations of this chapter for the zone in which it is situated.

ONE-HUNDRED-TEN-PERCENT PRODUCTION

An energy system produces up to 110% of the energy that the principal use consumes in an average year.

[Added 2-15-2012 by Ord. No. 11-12]

PARKING AREA

A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges.

PARKING SPACE

A stall or berth which is arranged and intended for the parking of one motor vehicle in a garage or parking area.

PATIO HOME

See "zero lot line home."

PERMIT, BUILDING

A certificate issued by the Construction Official authorizing the construction, reconstruction, remodeling, alteration or repair of a building or other structure upon approval of the submitted application and plans.

PERMIT, CERTIFICATE OF CONTINUED OCCUPANCY

A certificate issued by the Construction Code Official certifying that all requirements of the Uniform Construction Code, this chapter or such adjustment therefrom which has been granted by the Land Use Board have been satisfied.

[Amended 2-1-2005 by Ord. No. 05-2]

PERMIT, CERTIFICATE OF USE AND OCCUPANCY

A certificate issued upon completion of the construction of a new building, certifying that all requirements of the Uniform Construction Code or this chapter have been satisfied. It indicates that there are not known or visible violations of the Uniform Construction Code and that the purpose for which such building is to be used is in conformance with the uses permitted in the zone in which it is located.

PERMIT, ZONING

A certificate issued by the Zoning Officer stating that a proposed building or use will meet all of the requirements of this chapter.

PLANNED RESIDENTIAL DEVELOPMENT

A tract with a minimum contiguous acreage of 100 acres or more to be developed as a single entity according to a plan and allowing a variety of housing types, some of which are designed to meet the Township's affordable housing obligation.

PLANNING BOARD

The Planning Board of Harmony Township, Warren County, New Jersey, as authorized pursuant to the provisions of N.J.S.A. 40:55D-25 et seq.

[Amended 2-1-2005 by Ord. No. 05-2]

PREEXISTING TOWERS AND PREEXISTING ANTENNAS

Any tower or antenna for which a zoning permit has been issued prior to the effective date of Ordinance No. 0:99-6.[4]

PRINCIPAL BUILDING

A building within which is conducted the main or principal use of the lot on which said building is situated.

PUBLIC UTILITIES

Municipal or municipally authorized sewerage systems and sewage treatment plants, municipal or municipally authorized water supply and distribution systems and water, electric, gas, telephone and CATV services provided by independent companies regulated as public utilities in accordance with applicable state and federal laws.

QUADRIPLEX

See “duplex,” except that the reference to two dwelling units shall be substituted with a reference to four dwelling units.

[Added 6-9-2005 by Ord. No. 05-9]

RECYCLING

Any process by which materials which would otherwise become waste are collected, separated or processed and returned to the economic mainstream in the form of raw materials or products.

RECYCLING ESTABLISHMENT

A facility designed and operated for receiving, storing, processing or transferring recyclable material, except that a recycling establishment shall not include a manufacturer. The term "manufacturer" as referred to herein shall be defined as a person or entity involved in the fabrication or formation of goods and articles by hand or mechanical means. As referred to herein, the term "recycling operations" shall be defined as either the conversion or transformation of recyclable materials into a form for use by the manufacturer or as end products. The term "material" shall employ the generally defined common use of this noun so as to infer a meaning defining what a thing is or may be made of, its elements, parts or constituents (raw material).

REGION

Warren, Hunterdon, Somerset and Middlesex Counties, determined by the Council on Affordable Housing to be the housing region for Harmony Township.

RESEARCH LABORATORY

A building for experimentation in pure or applied research, design, development and production of prototype machines or devices or of new products and uses accessory thereto wherein products are not manufactured primarily for wholesale or retail sale, wherein commercial servicing or repair of commercial products is not performed and where there is no display of any materials or products.

RIGHT-OF-WAY

All of the land, property or interest therein, usually in a strip, acquired for or devoted to transportation purposes or construction of a public or quasipublic improvement.

ROOFTOP SOLAR ARRAY

A solar energy system, as defined herein, that is mounted to the roof of a building or structure.

[Added 2-15-2012 by Ord. No. 11-12]

SERVICE STATION

Any building, place or location designed to supply motor vehicles with gasoline, oil, grease and supplies and for the inspection, testing and examination and repair thereof, equipped with gasoline pumps and oil pumps maintained for the purpose of selling gasoline and oil; provided, however, that no store maintained for the sale of automobile parts and sundries, exclusive of gasoline and oil, shall be deemed to be a service station.

SIGN

Any structural or vehicular device located out-of-doors or able to be seen out-of-doors, whether part of a building, attached to a building, located upon the ground, located upon a foundation or located upon wheels, for the purpose of visual communication to bring the subject of such device to the attention of the public.

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the lot and only incidentally on the lot, if at all.

SIGN, BUSINESS

A sign which directs attention to a business or profession conducted upon the lot.

SIGN, FREESTANDING

Any sign mounted directly to the ground or to a foundation or structure solely for the purpose of supporting such sign.

SOLAR ENERGY SYSTEM

A solar energy system, as defined herein, that is used to generate electricity.

[Added 2-15-2012 by Ord. No. 11-12]

SOLAR PANEL

A structure containing one or more receptive cells, the purpose of which is to convert solar energy into usable electrical energy by way of a solar energy system.

[Added 2-15-2012 by Ord. No. 11-12]

SOLAR PRODUCTION SYSTEM

A solar energy system, as defined herein, that is used to generate electricity.

[Added 2-15-2012 by Ord. No. 11-12; amended 10-8-2019 by Ord. No. 19-11]

STEALTH TOWER STRUCTURE

Man-made trees, clock towers, belt steeples, light poles and other similar alternative design mounting structures that camouflage and/or conceal the presence of antennas or towers.

STORY

That portion of any building comprised between any floor and the floor or roof next above with a minimum clearance of six feet.

STORY, HALF

A story under a sloping roof, the floor of which is not more than two feet below the plate.

STREET

Any street, avenue, boulevard, road, parkway, viaduct, drive, lane or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this chapter; or which is shown on a plat duty filed and recorded in the office of the County Recording Officer prior to the appointment of a Land Use Board and the grant to such Board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STREET, INTERNAL

A privately owned and maintained street which is located entirely within and provides access solely to multifamily dwellings and/or townhouses within a development and which is neither owned nor intended to be owned by the Township, county or state.

STREET LINE

Any line dividing a street from a lot. This shall be construed as the line dividing the street right-of-way from the lot.

STRUCTURE

Any constructed or erected on or under the ground or upon another structure or building; provided, however, that the word "structure" shall not be construed to include wires and their supporting poles or frames of electric or telephone utilities or other service utilities below or at ground level or their concomitant appurtenances.

TOWER

Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephones, radio and similar communications purposes, including self-supporting lattice towers, guyed towers or monopole towers. The term includes but is not limited to radio and television transmission towers, microwave towers, common carrier towers and cellular telephone towers. The term also includes the structure and any support thereof.

TOWNHOUSE

An attached single-family dwelling in a row of at least three such units in which each dwelling has its own direct access to the out-of-doors, no dwelling is located over another and each dwelling is separated from the other dwellings in the same building by one or two common side walls.

TRACT

An area of land composed of one or more lots or parcels having sufficient area and dimensions to meet the requirements of this chapter for the use(s) permitted.

TRIPLEX

See “duplex,” except that the reference to two dwelling units shall be substituted with a reference to three dwelling units.

[Added 6-9-2005 by Ord. No. 05-9]

TRUCKING TERMINAL

An area and building where cargo is stored and where trucks load and unload cargo on a regular basis.

TWIN HOUSE

A single-family dwelling attached to only one other single-family dwelling in the same building by means of a common side wall.

USER DAYS

A visit by one person to a recreation site during one day, regardless of the length of stay or activity participated in.

VILLAGE GREEN HOUSE

A single- or two-family dwelling located on a separate lot, fronting on common open space designed to create a village green and accessed by a rear service road. The purpose of a village green unit is to provide a single-family detached alternative to a multifamily unit.

WAREHOUSE

A building other than the building in which goods or products are manufactured, assembled or processed in which goods or products are stored and awaiting shipment to a purchaser or retail sales establishment.

YARD, FRONT

An open, unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building (exclusive of eaves, provided that the eaves do not project more than two feet into the front yard) and the street line of the lot and extending from side lot line to side lot line.

YARD, REAR

A space on the same lot with a building, situated between the nearest roofed portion of the building and the rear line of the lot and extending from side lot line to side lot line.

YARD, SIDE

An open, unoccupied space on the same lot with a building, situated between the nearest roofed portion of the building or of any accessory building and the side line of the lot and extending through from the front yard or from the front street line, where no front yard exists, to the rear yard.

ZERO LOT LINE HOUSE

A single-family detached dwelling located on a lot so that one of its walls is located on a side lot line but which is not attached to any other dwelling. Fences and walls may be erected to enclose all or a portion of the side and rear yard space on the lot to form a private outdoor patio.

[1]

Editor's Note: See N.J.S.A. 40:55D-1 et seq.

[2]

Editor's Note: The definition of "Board of Adjustment," which immediately followed this definition, was removed at time of adoption of Code. See Ch. 1, General Provisions, Art. I. Ord. No. 0:96-3, adopted 2-6-1996, repealed the Zoning Board of Adjustment, transferring all powers and duties to the Planning Board, which was renamed the "Land Use Board" 10-3-2000 by Ord. No. 00-4. See Ch. 280, Land Use Procedures, Art. II, Land Use Board.

[3]

Editor's Note: The original definition of "industry or industrial, light" of the 1990 Code, which immediately followed this definition, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I); see now the definition of "light industrial" in this section.

[4]

Editor's Note: Ord. No. 0:99-6 was adopted 6-14-1999.

[1]

Editor's Note: The Zoning Map is on file in the Township Clerk's office.

Use regulations. Except as herein provided, no building or structure or part thereof and no lot or land or part thereof shall hereafter be used or occupied except in conformity, as stated below, with the uses specified as permitted principal uses, permitted accessory uses or conditional uses in each of the various zones by Article II, Use Regulations, of this chapter. Uses not specifically permitted are prohibited.

(1)

Permitted principal uses are permitted by right upon proper application to the Zoning Officer for a zoning permit, provided that said use is a use in conformance with the requirements of this chapter in the zone district in which the lot is located and, for uses so requiring, subject to the review and approval of a site plan pursuant to Chapter 376, Site Plan Review.

(2)

Accessory uses are permitted upon proper application to and approval by the Zoning Officer for a zoning permit. The Zoning Officer shall rely upon the following rules for determining the right of the applicant to establish the proposed accessory use:

(a)

The proposed accessory use shall be customarily associated with or provided with the permitted primary use existing on the lot.

(b)

The extent, size and intensity of such proposed accessory use shall be in keeping with the scale, nature and characteristics of the permitted primary use on the lot.

(c)

Furthermore, any proposed accessory use or structure which is contrary to the intent of the zone district in which the lot is located shall be prohibited.

(3)

Conditional uses. It is hereby recognized that innovations and changes in the technology of residential land development can be beneficial to the future well-being of the Township, but that such benefits are unlikely to be realized through the uniform treatment of the area, yard and building requirements on a lot-by-lot basis, and it is also recognized that certain uses are necessary to serve the needs and convenience of the Township but which uses may be or become inimical to the public health, safety and general welfare by reason of their inherent nature and/or operation and, therefore, require special and proper consideration of existing and probable future conditions and characteristics of the surrounding area. Such uses are hereby declared to be "conditional uses" and may be permitted in the zones where specified upon application to and approval by the Land Use Board and subject to the special regulations of this chapter governing the procedures for considering conditional uses, all other applicable regulations of this chapter and such other conditions and requirements as may be stipulated in the approval of the conditional use.

Area regulations.

(1)

Except as herein provided, no building or structure or part thereof shall hereafter be erected and no existing building or structure shall be moved, structurally altered, enlarged or rebuilt except in conformity with the requirements as set forth by Article III, Area, Yard and Bulk Regulations, of this chapter and the requirements of all other applicable regulations of this chapter.

(2)

Residential lots in existence as of December 31, 2004, and certain preserved farmland exceptions shall be subject to the regulations as set forth in the “Schedule of Area, Yard and Bulk Regulations” as noted thereon. Any preserved farmland subject to this provision shall have been preserved through a governmentally sponsored or authorized program. Any parcels excepted from preservation shall have complied with this chapter as it existed prior to December 31, 2004. Either an application for preservation which has been deemed complete by the appropriate governmental agency or an agreement to purchase or the actual purchase of development rights shall exist as of December 31, 2004, for a parcel to be subject to this provision.

[Amended 2-1-2005 by Ord. No. 05-2]

Net lot area.

(1)

Intent. It is recognized that there are certain critical 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 reserved during the planning process from development. 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.

(2)

Constrained areas. The following areas are determined to represent constraints on the development of a lot:

(a)

Wetlands and buffers.

(b)

Floodway and buffers.

(c)

Floodway fringe.

(d)

Slopes greater than or equal to 15%.

(e)

Rock outcroppings.

(f)

Depth to seasonal high-water less than three feet (where septic systems are proposed).

(g)

Depth to bedrock less than 3.5 feet (where septic systems are proposed).

(3)

All lots shall meet the minimum requirements within the zone but shall also include within each lot an area which is free of constraints. The constraint-free area shall meet the following requirements:

(a)

Where the lot is served by water and sewer, the constraint-free area shall be a minimum of 1/2 of an acre (21,780 square feet) for all lots.

(b)

Where the lot is not to be served by water and sewer, the minimum constraint-free area shall be 3/4 of an acre (32,670 square feet).

(c)

Not less than 1/2 of the constraint-free land shall be outside the minimum required yards.

(d)

The constraint-free area shall be contiguous and shall be of such a shape that the length to the width shall not be in a ratio of greater than four to one.

(e)

The Land Use 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 that the applicant can demonstrate that a dwelling can be constructed on the parcel having the following improvements in constraint-free areas:

[Amended 2-1-2005 by Ord. No. 05-2]

[1]

A primary and reserve septic system.

[2]

A well meeting the one-hundred-foot minimum required isolation distance from the septic system.

[3]

Area for the dwelling with an area adjacent to the dwelling for recreation purposes.

[4]

Area adjacent to the dwelling for the maneuvering of automobiles and emergency vehicles.

(4)

In no case shall the constraint-free area be less than the minimum required herein.

(5)

Each lot shall be served by a driveway meeting the requirements of Chapter 194, Driveways.[1]

[1]

Editor's Note: Former Subsection D, regarding uniform growth-based affordable housing production, was repealed 12-3-2019 by Ord. No. 19-14.

AR-500	Agricultural/Residential Zone
AR-300	Agricultural/Residential Zone
AR-250	Agricultural/Residential Zone
R-150	Residential Zone
AH-O	Affordable Housing Overlay Zone
R-HB	Residential - Historic Business Zone
CO-1	Commercial/Office/Business Zone - One
CO-2	Commercial/Office/Business Zone - Two
LI-O	Light Industrial/Office Zone
LI-O/C	Light Industrial/Office/Commercial Zone
I-1	Industrial Zone