In the R-87 Residence District the following regulations shall
apply:
A.
Use regulations. A building may
be erected or used and a lot may be used or occupied for the following
purposes and no other:
(1)
Permitted uses.
(a)
One-family detached dwellings,
not to exceed one dwelling per lot.
(b)
Public recreation areas.
(c)
Private open space or recreation
areas, when owned and operated for the exclusive use of a homeowners'
association which has been formed under the cluster provisions of
this chapter and has been approved by the Planning Board.
(2)
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
(4)
Prohibited uses. Those uses
which are not specifically permitted in the R-87 Zone are hereby prohibited.
B.
Bulk regulations.
(1)
Lot area. A lot area of not
less than 87,120 square feet shall be provided.
(2)
Lot width. The minimum lot
width shall be 200 feet.
(3)
Height. No structure shall
exceed 2 1/2 stories or 35 feet in height, whichever is less.
In measuring height within this zone district, it shall be the average
height of the gable, as opposed to the highest point of the ridge,
that shall be the basis of this determination.
(4)
Front yard. There shall be
a front yard at least 75 feet in depth.
(5)
Rear yard. There shall be
a rear yard which shall be 75 feet in depth.
(6)
Side yard. There shall be
two side yards, each not less than 25 feet, and the aggregate of the
two side yards shall be not less than 70 feet.
(7)
Coverage. No more than 8%
of the area shall be covered by buildings, and not more than 20% of
any lot shall be covered by impervious surfaces, including the building
coverage.
(8)
Lot frontage. Lot frontage
shall be equal to lot width; provided, however, that for lots around
the bulb of a cul-de-sac lot frontage shall be at least 50% of the
lot width.
(9)
Lot depth. There shall be
a lot depth of at least 435 feet in length.
In the R-45 Residence District the following regulations shall
apply:
A.
Use regulations. A building may
be erected or used and a lot may be used or occupied for the following
purposes and no other:
(1)
Permitted uses. Uses permitted
in the R-87 Zone are permitted in the R-45 Zone.
(2)
Accessory uses. Accessory
uses permitted in the R-87 Zone are permitted in the R-45 Zone.
(3)
Conditional uses. All conditional uses shall meet requirements of Article VII of this chapter. Conditional uses permitted in the R-87 Zone are permitted in the R-45 Zone.
(4)
Prohibited uses. Those uses
which are not specifically permitted in the R-45 Zone are hereby prohibited.
B.
Bulk regulations.
(1)
Lot area. A lot area of not
less than 45,000 square feet shall be provided.
(2)
Lot width. The minimum lot
width shall be 150 feet.
(3)
Height. No structure shall
exceed 2 1/2 stories or 35 feet in height, whichever is less.
In measuring height within this zone district, it shall be the average
height of the gable, as opposed to the highest point of the ridge,
that shall be the basis of this determination.
(4)
Front yard. There shall be
a front yard at least 50 feet in depth.
(5)
Rear yard. There shall be
a rear yard which shall be 75 feet in depth.
(6)
Side yard. There shall be
two side yards, each not less than 20 feet, and the aggregate of the
two side yards shall be not less than 55 feet.
(7)
Coverage. No more than 10%
of the area shall be covered by buildings, and not more than 25% of
any lot shall be covered by impervious surfaces, including building
area.
(8)
Lot frontage. Lot frontage
shall be equal to lot width; provided, however, that for lots around
the bulb of a cul-de-sac lot frontage shall be at least 50% of the
lot width.
(9)
Lot depth. There shall be
a lot depth of at least 300 feet in length.
In the R-22 Residence District the following regulations shall
apply:
A.
Use regulations. A building may
be erected or used and a lot may be used or occupied for the following
purposes and no other:
(1)
Permitted uses. Uses permitted
in the R-87 Zone are permitted in the R-22 Zone.
(2)
Accessory uses. Accessory
uses permitted in the R-87 Zone are permitted in the R-22 Zone.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter. Conditional uses permitted in the R-87 Zone are permitted in the R-22 Zone.
(4)
Prohibited uses. Those uses
which are not specifically permitted in the R-22 Zone are hereby prohibited.
B.
Bulk regulations.
(1)
Lot area. A lot area of not
less than 22,000 square feet shall be provided.
(2)
Lot width. The minimum lot
width shall be 110 feet.
(3)
Height. No structure shall
exceed 2 1/2 stories or 35 feet in height, whichever is less.
(4)
Front yard. There shall be
a front yard of a least 50 feet in depth; provided, however, that
where the average setback is less than 50 feet, the average setback
will apply.
(5)
Rear yard. There shall be
a rear yard which shall be 50 feet in depth.
(6)
Side yard. There shall be
two side yards, each not less than 15 feet, and the aggregate of the
two side yards shall not be less than 40 feet.
(7)
Coverage. No more than 15%
of the area of any lot shall be covered by buildings, and not more
than 30% of any lot shall be covered by impervious surfaces, including
building area.
[Amended 11-23-2021 by Ord. No. 2021-16]
(8)
Lot frontage. Lot frontage
shall be equal to lot width; provided, however, that for lots around
the bulb of a cul-de-sac lot frontage shall be at least 50% of the
lot width.
(9)
Lot depth. There shall be
a lot depth of at least 200 feet in length.
In the R-15 Residence District the following regulations shall
apply:
A.
Use regulations. A building may
be erected or used and a lot may be used or occupied for the following
purposes and no other:
(1)
Permitted uses. Uses permitted
in the R-87 Zone are permitted in the R-15 Zone.
(2)
Accessory uses. Accessory
uses permitted in the R-87 Zone are permitted in the R-15 Zone.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
[Amended 11-23-2021 by Ord. No. 2021-16]
(4)
Prohibited uses. Those uses
which are not specifically permitted in the R-15 Zone are hereby prohibited.
B.
Bulk regulations.
(1)
Lot area. A lot area of not
less than 15,000 square feet shall be provided.
(2)
Lot width. The minimum lot
width shall be 100 feet.
(3)
Height. No structure shall
exceed 2 1/2 stories or 35 feet in height, whichever is less.
(4)
Front yard. There shall be
a front yard of at least 50 feet in depth; provided, however, that
where the average setback is less than 50 feet, the average setback
will apply.
(5)
Rear yard. There shall be
a rear yard which shall be 40 feet in depth.
(6)
Side yard. There shall be
two side yards, each not less than 15 feet, and the aggregate of the
two side yards shall be 35 feet.
(7)
Coverage. No more than 17%
of the area shall be covered by buildings, and not more than 35% of
any lot shall be covered by impervious surfaces.
[Amended 11-23-2021 by Ord. No. 2021-16]
(8)
Lot frontage. Lot frontage
shall be the same as lot width; provided, however, that for a lot
around the bulb of a cul-de-sac lot frontage shall be at least 50%
of the lot width.
(9)
Lot depth. There shall be
a minimum lot depth of 150 feet.
In the R-11 Residence District the following regulations shall
apply:
A.
Use regulations. A building may
be erected or used and a lot may be used or occupied for the following
purposes and no other:
(1)
Permitted uses. Uses permitted
in the R-87 Zone are permitted in the R-11 Zone, except that private
open space or recreation areas are not permitted since clustering
is not permitted.
(2)
Accessory uses. Accessory
uses permitted in the R-87 Zone are permitted in the R-11 Zone.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
[Amended 11-23-2021 by Ord. No. 2021-16]
(4)
Prohibited uses. Those uses
which are not specifically permitted in the R-11 Zone are hereby prohibited.
B.
Bulk regulations.
(1)
Lot area. A lot area of not
less than 11,250 square feet shall be provided.
(2)
Lot width. The minimum lot
width shall be 90 feet.
(3)
Height. No structure shall
exceed 2 1/2 stories or 32 feet in height, whichever is less.
(4)
Front yard. There shall be
a front yard of at least 50 feet in depth; provided, however, that
where the average setback is less than 50 feet, the average setback
will apply.
(5)
Rear yard. There shall be
a rear yard which shall be 30 feet in depth.
(6)
Side yard. There shall be
two side yards, each not less than 10 feet, and the aggregate of the
two side yards shall be 25 feet.
(7)
Coverage. No more than 18%
of the area shall be covered by buildings, and not more than 40% of
any lot shall be covered by impervious surfaces, including structures.
[Amended 11-23-2021 by Ord. No. 2021-16]
(8)
Lot frontage. Lot frontage
shall be the same as lot width; provided, however, that for lots around
the bulb of a cul-de-sac lot frontage shall be at least 50% of the
lot width.
(9)
Lot depth. There shall be
a lot depth of at least 125 feet.
[Amended 12-13-2011 by Ord. No. 2011-27; 4-24-2012 by Ord. No. 2012-11; 8-22-2017 by Ord. No. 2017-12]
In the R-9 Residence District the following regulations shall
apply:
A.
Use regulations. A building may
be erected or used and a lot may be used or occupied for the following
purposes and no other:
(1)
Permitted uses. Uses permitted
in the R-87 Zone are permitted in the R-9 Zone, except that private
open space or recreational areas are not permitted since clustering
is not permitted.
(2)
Accessory uses. Accessory
uses permitted in the R-87 Zone are permitted in the R-9 Zone.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
[Amended 11-23-2021 by Ord. No. 2021-16]
(4)
Prohibited uses. Those uses
which are not specifically permitted in the R-9 Zone are hereby prohibited.
B.
Bulk regulations.
(1)
Lot area. A lot area of not
less than 9,375 square feet shall be provided.
(2)
Lot width. The minimum lot
width shall be 75 feet.
(3)
Height. No structure shall
exceed 2 1/2 stories or 32 feet in height, whichever is less,
except that the height for residential structures located in the special
flood hazard area may be increased to 2 1/2 stories or 35 feet,
whichever is greater, provided the increased height, in excess of
the underlying maximum permitted height, is necessary to raise the
structure's first-floor elevation above the special flood hazard area.
(4)
Front yard setback. There
shall be a front yard at least 35 feet in depth. The front yard setback
of a residential structure located in the special flood hazard area
may be reduced to not less than 25 feet if the elevation of the structure
has been raised above the special flood hazard area elevation and
subject to the limitations contained in this subsection. The purpose
of the decreased front yard setback is to provide additional area
for that portion of the structure related to the entrance staircase,
platform(s)/landings(s) and porch needed in the effort to raise an
existing residential structure's first-floor elevation above the special
flood hazard area. Such entrance staircase, platform(s)/landing(s)
and porch shall not occupy more than 4% of the required front yard
area of the residence, where the standard front yard setback is 35
feet. The entrance staircase structure shall not exceed a maximum
of 10 risers to a platform/landing. Such a restriction will ensure
that any proposed new entry will not result in a long, expansive staircase
entrance to the home. The entrance shall be permitted to be covered
by a roof both to provide protection from the elements and to provide
aesthetic improvement. Such covered structure shall only be over the
raised first-floor entrance, and its encroachment into the required
front yard setback shall not exceed the permitted twenty-five-foot
setback associated with the entrance staircase, platform(s)/landing(s)
and porch. The area around the entrance staircase and platform(s)/landing(s)
shall be landscaped with a variety of evergreen shrubs to provide
screening and coverage of the base or underside of the entrance staircase,
platform(s)/landing(s) and porch structure.
(5)
All new or elevated structures
shall comply with the following requirements:
(a)
Structures that are built
on conventional concrete or concrete block foundations shall provide
a maximum exposed foundation of 36 inches. Treatment is required for
exposed foundations in excess of the thirty-six-inch limit and shall
include treatments such as natural or faux stone facing, brick facing,
wood batten, lattice or siding. Treatment shall not include a skim
coat of mortar over concrete block work.
(b)
Structures that are built
on piling or pier type foundations shall enclose the entire foundation
with a finished architectural treatment, such as stone, masonry, framed
lattice, framed louvers or siding, to enclose the entire foundation,
the same to be reviewed and approved by the Construction Official.
(6)
Rear yard. There shall be
a rear yard which shall be 25 feet in depth.
(7)
Side yard. There shall be
two side yards, each not less than 10 feet.
(8)
Coverage. No more than 20%
of the area shall be covered by buildings, and not more than 42% of
any lot shall be covered by impervious surfaces.
[Amended 11-23-2021 by Ord. No. 2021-16]
(9)
Lot frontage. Lot frontage
shall be the same as lot width; provided, however, that for lots around
the bulb of a cul-de-sac lot frontage shall be at least 50% of the
lot depth.
(10)
Lot depth. There shall
be a minimum lot depth of 125 feet.
[Amended 4-27-2021 by Ord. No. 2021-05]
In the R-87, R-45, R-22, and R-15 Zones clustering will be permitted
subject to the regulations of this section and where 10 or more acres
of land are involved.
A.
Clustered bulk regulations. Where
a cluster form of development is elected, the smallest lot size permitted
in the cluster shall be no less than that permitted in the R-9 Zone.
All use and bulk requirements of the chosen zone shall apply. The
number of buildable lots created shall be no greater than if the tract
were developed as a conventional subdivision and the lots were not
reduced in size.
B.
Method of calculation. The maximum number of lots which may be approved under the cluster option of subdivision in any zone shall be computed by providing to the Planning Board a sketch layout of the property as it could be developed in a conforming manner under existing zoning and within the regulations established in Chapter 316, Subdivision of Land. The total number of buildable lots, as determined by the Planning Board in accordance with good planning, zoning and engineering principles, which could be placed upon the property in such a manner shall be the total number of lots permitted under the cluster option.
C.
Location of open space.
(1)
The location of the open
space resulting from a cluster method of development shall be subject
to the approval of the Planning Board, in accordance with good planning,
zoning and engineering principles, so as to protect the environment.
Particular attention shall be paid to the following:
(a)
Land shown on the Township's
Official Map or Master Plan as open space.
(b)
Floodplains and floodways.
(c)
Location along ditches,
watercourses, water bodies and wetlands.
(d)
Floodwater and stormwater
retention areas.
(e)
Reservoirs, well fields
and aquifer recharge areas.
(f)
Areas of steep slope.
(g)
Areas of natural outcropping.
(h)
Areas of unique or unusual
vegetation or animal habitat.
(i)
Farmlands.
(j)
Areas located on the Township's
Official Map for use for public purposes, such as schools, libraries,
etc.
(k)
Accessibility to residents
of the proposed development.
(l)
Other areas which, upon
investigation, the Planning Board may find to be worthy of preservation.
(2)
Any open space shall not
have any dimension which is less than 20 feet. The Planning Board
may require of the developer such improvements to the open space so
as to make the area usable to the residents of the development and
able to be maintained. Such improvements may include minor grading,
seeding, stabilizing, cleaning, clearing and similar work, but shall
not be required to include placing of equipment, structures or buildings.
D.
Ownership of open space.
(1)
All open space, tree cover, recreational area, scenic vistas or other authorized land use whose acreage shall be utilized in the determination of the common land as is hereinabove provided shall be conveyed in fee simple title by warranty deed from the subdivider or owner to an association made up of homeowners purchasing homes in the subdivision, which conveyance will be for the sole benefit, use and enjoyment of the lot owners, present and future. The deed and agreements complying with the provisions of this section shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law by the State of New Jersey. Said opinion shall set forth the attorney's legal conclusion as to the legal form and effect of said deeds and agreement. The deed shall be insured by a title insurance company licensed to do business in New Jersey. Said deeds and agreement shall be approved by the Planning Board and shall be filed with the Morris County Clerk's office simultaneously with the recording of the final plat of the subdivision authorized under Chapter 316, Subdivision of Land.
(2)
Alternately, said subdivider
or owner may dedicate said property to the Township of Pequannock,
restricting said conveyance in perpetuity for open space, recreational
or other public purposes. Such conveyance shall be accompanied as
well by an opinion of an attorney of the State of New Jersey, representing
said subdivider, attesting to the legality of said agreement and conveyance.
All deeds to the Township shall be accompanied by a title policy guaranteeing
the right of the subdivider or owner to convey the deed to the property.
E.
Use of open space. The open space
resulting from the cluster method of subdivision shall be restricted
to those recreational and open space uses permitted by the Planning
Board or to such public utility structures or uses which the Township
Council may find now or in the future to be necessary to serve the
community.
F.
Planning Board approval. Nothing in this section shall be construed as requiring the Planning Board to accept the cluster form of development if the Board finds that such development would not be in the best interests of the community. If the cluster method of subdivision is approved, the applicant shall be required to fulfill the requirements of Chapter 316, Subdivision of Land, in the same manner as a subdivision without the cluster option.
G.
Effect on conditional uses. This
section shall not be construed to have any effect on the number, size
or type of conditional uses permitted in any zone district prior to
clustering.
In the Planned Residential Development District the provisions
of the R-87 Zone shall apply, unless the minimum requirements for
the PRD can be met. These requirements shall be a minimum lot area
of 100 acres and a minimum frontage along an arterial roadway of 1,000
feet. If these requirements are met, the following regulations shall
apply:
A.
Use regulations. A building may
be erected or used and a lot may be used or occupied for the following
purposes and no other:
(2)
Accessory uses.
(a)
Off-street parking and
loading as required. Up to 50% of the required parking may be off
the residential lot but within 200 feet of the unit it serves.
(b)
Private recreational areas,
open space, recreational buildings and administrative offices when
owned and operated for the exclusive use of a homeowners' association
which has been formed under the provisions of this chapter and which
has been approved by the Planning Board. There shall be no storage
of mechanical equipment or materials permitted within the association
areas, open space, buildings, or offices.
(c)
Public recreation areas
and open spaces.
(4)
Prohibited uses. Those uses
which are not specifically permitted in the R-87 Zone are hereby prohibited.
B.
Bulk regulations.
(1)
Lot area. A lot area of not
less than 100 contiguous acres shall be required for a planned residential
development. In a case where 100 acres are not owned in single ownership,
the applicant may present to the Planning Board an executed agreement
between the various parties who together control 100 or more contiguous
acres of land, which shall qualify the properties for application
for and development of a PRD.
(2)
Lot width. A planned residential
development shall have 1,000 feet of frontage on a through arterial
street of at least 60 feet in right-of-way width. Said street shall
exist at the time of application or shall be part of the development
of the PRD. In the latter case, the construction of said street shall
be part of the first phase of construction.
(3)
Height. No structure in the
PRD shall exceed three stories or 40 feet in height, whichever is
less.
(4)
Required buffers. There shall
be a one-hundred-foot buffer between any structures within the PRD
and the boundaries of the PRD. This area shall be a planted buffer
using landscaping and/or existing vegetation in a manner satisfactory
to the Planning Board. No parking or access drives shall be included
within this buffer. No natural vegetation shall be removed without
approval of the Planning Board.
(5)
Coverage. In the PRD, the
maximum building coverage and coverage by impervious cover shall be
those maximums established for each building type.
(6)
Open space.
(a)
The minimum amount of
common open space, separate and apart from any yard areas required
for individual lots in the PRD Zone, shall be 35% of the gross acreage.
(b)
Said open space may include
no structures other than a public school, public park, private recreational
building not exceeding 10,000 square feet in size or other community
building. Required buffer areas may be included in the open space,
as well as open space medians between street pavements, provided that
the median is at least 20 feet in width. Any open space area shall
not have any dimension which is less than 20 feet. All lots within
the PRD Zone shall have access to the common open space.
(c)
Ownership of open space.
[1]
All open space, tree cover, recreational area, scenic vista or authorized land use whose acreage shall be utilized in the determination of the common land as is hereinabove provided shall be conveyed in fee simple title by warranty deed from the subdivider or owner to an association made up of homeowners purchasing homes in the subdivision, which conveyance will be for the sole benefit, use and enjoyment of the lot owners, present and future. The deeds and agreements complying with the provisions of this section shall have attached thereto a written legal opinion prepared and signed by an attorney licensed to practice law by the State of New Jersey. Said opinion shall set forth the attorney's legal conclusion as to the legal form and effect of said deeds and agreement. The deed shall be insured by a title insurance company licensed to do business in New Jersey. Said deeds and agreements shall be approved by the Planning Board and shall be filed with the Morris County Clerk's office simultaneously with the recording of the final plat of the subdivision authorized under Chapter 316, Subdivision of Land.
[Amended 4-27-2021 by Ord. No. 2021-05]
[2]
Alternately, said subdivider
or owner may dedicate said property to the Township of Pequannock,
the county, state or federal government or a private nonprofit organization,
restricting said conveyance in perpetuity for open space, recreational
or other public purposes. Said conveyance shall be accompanied as
well by an opinion of an attorney of the State of New Jersey, representing
said subdivider, attesting to the legality of said agreement and conveyance.
All deeds to the Township shall be accompanied by a title policy guaranteeing
the right of the subdivider or owner to convey the deed to the property.
(d)
The location of the open
space shall be subject to approval by the Planning Board, in accordance
with good planning, zoning and engineering principles, so as to best
protect the environment, with particular attention paid to the following:
[1]
Land shown on the Official
Township Map or Master Plan as open space.
[2]
Flood hazard areas.
[3]
Location along ditches,
watercourses and water bodies and wetlands.
[4]
Floodwater retention
areas.
[5]
Reservoirs, well fields
and aquifer recharge areas.
[6]
Areas of steep slope.
[7]
Areas of natural rock
outcropping.
[8]
Areas of unique or
unusual vegetation or animal habitat.
[9]
Areas located on the
Official Township Map for use for public purposes, such as schools,
libraries, etc.
(7)
Number of units.
(a)
In the PRD Zone the total number of dwelling units permitted shall
not exceed a maximum of four dwellings per gross acre.
(b)
The following shall be the percentage of the total number of dwellings
permitted for each housing type:
(c)
The above distribution schedule as to percentage ratios for dwelling
types may be varied by the Planning Board, provided that the applicant
shall demonstrate, through a market feasibility study and other documentation
as may be required by the Planning Board, that such variation is necessary
to ensure construction of low- and moderate-income housing. Any variations
granted by the Board shall maintain at least two dwelling types and
ensure that at least 35% of the PRD site will be maintained in common
open space.
(d)
The net density for particular types of dwelling units shall be in
accordance with the schedule below. In calculating permitted net densities
as outlined herein, the area of land covered by such uses shall include
internal streets, parking areas and all private yards, but not areas
designated as common open space.
[1]
The net density of
single-family detached units shall not exceed four dwelling units
per acre.
[2]
The net density of
single-family semiattached units shall not exceed 10 dwelling units
per acre.
[3]
The net density of
patio homes shall not exceed 10 dwelling units per acre.
[4]
The net density of
townhouses shall not exceed 10 dwelling units per acre.
[5]
The net density of
multifamily housing units shall not exceed 15 dwelling units per acre.
(8)
Location of each housing
type. The location of each housing type shall be subject to the approval
of the Planning Board, in accordance with good planning, zoning and
engineering principles, so as to protect the environment. Particular
attention shall be paid to the following:
C.
Bulk regulations
for each housing type.
(1)
Single-family
detached dwellings. The following standards and bulk regulations shall
apply for single-family detached dwellings in the PRD Zone:
(a)
Minimum lot area: 9,000 square feet.
(b)
Minimum lot width: 75 feet.
(c)
Maximum height: 2 1/2 stories or 35 feet.
(d)
Minimum front yard: 35 feet.
(e)
Minimum rear yard: 25 feet.
(f)
Minimum side yard: six feet, and an aggregate width of 25% of the
width of the lot.
(g)
Maximum coverage by buildings: 20%.
(h)
Maximum coverage by impervious surfaces: 50%.
(i)
Parking: at least two off-street spaces.
(2)
Single-family
semiattached dwellings (duplexes). The following standards and bulk
regulations shall apply for semiattached (duplex) dwellings in the
PRD Zone:
(a)
Minimum lot area per unit: 7,000 square feet.
(b)
Minimum lot width per unit: 70 feet.
(c)
Minimum height: 2 1/2 stories or 35 feet.
(d)
Minimum front yard: 25 feet.
(e)
Minimum rear yard: 20 feet.
(f)
Minimum side yard: six feet, and an aggregate side yard width equal
to 30% of the lot width.
(g)
Maximum coverage by buildings: 30%.
(h)
Maximum coverage by impervious surfaces: 55%.
(i)
Parking: two off-street spaces per dwelling.
(3)
Patio
homes. The following standards and bulk regulations shall apply for
patio homes in the PRD Zone:
(a)
Minimum lot area: 4,500 square feet.
(b)
Minimum lot width: 50 feet.
(c)
Maximum height: 2 1/2 stories or 35 feet.
(d)
Minimum front yard: 25 feet.
(e)
Minimum rear yard: 20 feet.
(f)
Minimum side yard: only one side yard shall be permitted, which shall
be no less than 10 feet. There shall be no windows, vents or other
openings on the side of the structure which has no side yard, and
a maintenance easement shall be provided on the adjacent lot for the
wall which is constructed on the property line.
(g)
Maximum coverage by buildings: 50%.
(h)
Maximum coverage by impervious surfaces: 70%.
(i)
Parking: at least two off-street parking spaces shall be required.
(4)
Townhouses.
The following standards and bulk regulations shall apply for attached
townhouses in the PRD Zone:
(b)
Maximum height: three stories or 40 feet.
(c)
Minimum average front yard per ten-unit group: 20 feet.
(d)
Minimum average rear yard per ten-unit group: 20 feet.
(e)
Minimum side yard: none permitted, except for the end unit in the
structure which shall have a minimum side yard of 10 feet.
(f)
Minimum distance between structures: 20 feet.
(g)
Maximum number of units per structure: 10.
(h)
Maximum coverage by buildings: 55%.
(i)
Maximum coverage by impervious surfaces: 75%.
(j)
Parking: at least two off-street parking spaces.
(5)
Multifamily
dwellings. The following standards and bulk regulations shall apply
for multifamily dwellings in the PRD Zone:
(a)
Maximum number of dwellings per structure: 24.
(b)
Maximum height: three stories or 40 feet, whichever is less.
(c)
Minimum lot area: none required.
(d)
Minimum lot width: none required.
(e)
Minimum average front yard per structure: 30 feet from nearest interior
street or common parking area.
(f)
Minimum average rear yard per structure: 20 feet from nearest interior
street or common parking area.
(g)
Minimum distance between structures: 30 feet.
(h)
Maximum coverage by buildings: none required.
(i)
Maximum coverage by impervious surfaces: none required.
(j)
Parking: at least two off-street parking spaces, both of which must
be within 300 feet of the dwelling to be served.
D.
Improvements.
(1)
All
improvements shall be constructed according to Township standards
and specifications. In general, the layout of the PRD shall be such
that nonvehicular traffic is encouraged and given preference. Grade-separated
pedestrian, bicycle and equestrian paths shall be developed, and these
facilities shall provide the shortest distance between the residences
and community facilities and services. Pedestrian pathways shall be
separated from bicycle and equestrian trails. All residences shall
have access to the open space system. Streets shall be broken into
the following classifications:
(a)
Arterial: minimum right-of-way width of 60 feet; minimum pavement
width of 40 feet; curbs and sidewalks on both sides of the street;
services a population of 500 or more dwellings and/or major community
facilities. No dwellings shall have frontage or direct vehicular access
to any arterial street.
(b)
Primary collector: minimum right-of-way width of 50 feet; minimum
street width of 34 feet; curbs and sidewalks on both sides of the
street; services population of 100 to 500 dwellings.
(c)
Secondary collector: minimum right-of-way width of 50 feet; minimum
street width of 34 feet; curbs on both sides; services population
of 15 to 100 dwellings.
(d)
Local: minimum right-of-way width of 40 feet; minimum street width
of 30 feet; curbs on both sides of street; services population of
zero to 15 dwellings.
(2)
For primary collector streets, sidewalks may be eliminated if a pedestrian pathway is placed in another location which will serve the same function. All other improvements shall be as specified in Chapter 316, Subdivision of Land, and any other ordinances of the Township of Pequannock which regulate development standards.
(3)
Prior
to approval of a PRD Zone application, the site must be served by
a water supply and sanitary sewerage system which is adequate to handle
the projected load from the site following full development. Alternatively,
a plan for providing the above utilities, which plan must have received
Township and state approval, must be constructed as part of the first
phase of development and must be in operational order and fully approved
to operate prior to the issuance of any building permit for the site.
E.
Low- and moderate-income housing
requirements.
(1)
AFFORDABLE
LOW-INCOME
MODERATE-INCOME
Definitions. As used in this
subsection, the following terms shall have the meanings indicated:
A household at the ceiling income for each income group,
for each household size, is not required to pay more than 25% of its
gross household income for the total of principle, interest, property
taxes, insurance and homeowners' association assessments, calculated
on the basis of a down payment of 10% and realistically available
mortgage interest rates. In the case of rental housing, such a household
is not required to pay more than 25% of income for rent, including
utilities.
Having a total gross household income equal to 50% or less
of the median household income for households of the same size using
the median income data for household size prepared by the United States
Department of Housing and Urban Development (HUD) for the region which
includes Pequannock (presently the Newark SMSA) or, if HUD data is
not available, equivalent data from other sources acceptable to the
Planning Board.
Having a total gross household income between 50% to 80%
of the median household income for households of the same size for
the region which includes Pequannock using the median income data
for household size prepared by HUD or, if HUD data is not available,
equivalent data from other sources acceptable to the Planning Board.
(2)
At least 10% of the total
number of residential dwellings shall be made affordable and sold
or rented to low-income persons, and 10% shall be made affordable
and sold or rented to moderate-income persons.
(3)
At least 20% of the low-
and moderate-income units shall be three-bedroom units, and no more
than 50% shall be one-bedroom units or efficiency units.
(4)
The developer shall agree
not to impose age restrictions upon the occupants of any low- and
moderate-income unit, except as to publicly subsidized senior citizen
housing, nor to impose residency requirements.
(5)
Affirmative marketing plan.
(a)
The developer shall formulate
and implement a written affirmative marketing plan acceptable to the
Planning Board or the agency designated by it. The affirmative marketing
plan shall be realistically designed to ensure that lower-income persons
of all races and ethnic groups are informed of the housing opportunities
in the development, feel welcome to seek to buy or rent such housing
and have the opportunity to buy or rent such housing. It shall include
advertising and other outreach activities realistically designed to
reach:
[1]
Lower-income persons
of all races and ethnic groups in municipalities in northeastern New
Jersey that have higher than average proportions of Blacks, Hispanics
or lower-income households.
[2]
Lower-income persons
of all races and ethnic groups who work in Morris County but do not
live within the county.
(b)
The plan shall include
advertisement in newspapers, periodicals and other media aimed at
Black and Hispanic populations.
(6)
A developer shall submit
a phasing schedule for the construction of the low- and moderate-income
units. The developer may construct the first 20% of the development
without constructing any low- or moderate-income units. By the time
40% of the units in the development are constructed, at least 20%
of the low- and moderate-income units shall be constructed and sold
to lower-income purchasers. By the time 60% of the units in the development
are constructed, at least 45% of the low- and moderate-income units
shall be constructed and sold to lower-income persons. By the time
80% of the units in the development are occupied, at least 70% of
the low- and moderate-income units shall be constructed and sold to
lower-income persons. No certificate of occupancy shall be issued
for units other than units affordable to low- or moderate-income households
until all low- and moderate-income units in the previous phase have
been completed. The developer shall provide equal numbers of low-
and moderate-income units in each passing schedule.
(7)
Resale and rental controls.
(a)
A developer shall submit
a plan for resale or rental controls to ensure that the units remain
affordable to low- and moderate-income households for at least 30
years. The purchaser shall be entitled to sell the units for:
(b)
The low-income units,
upon resale, may be sold only to low-income persons, and the moderate-income
units may be sold to low- or moderate-income purchasers. If, however,
no low-income purchaser is found within six months, the low-income
unit may be sold to a moderate-income purchaser or, if none is available,
to any interested purchaser. If no moderate-income purchaser is found
for a moderate-income unit within six months, the unit may be sold
to any purchaser; the resale controls shall remain in effect for subsequent
resales. The developer may create a nonprofit corporation, enter into
an agreement with a nonprofit corporation or a governmental agency
or choose to administer the resale controls himself, but in no event
may the resale controls be administered merely by a deed restriction.
(8)
Rentals. Where units are
offered as rental units, they shall continue to be offered as rental
units for 15 years. After 15 years, they may be sold at prices affordable
to moderate-income households, subject to such resale price controls
as may be necessary to ensure that the units continue to be affordable
to moderate-income households for the remainder of the thirty-year
period commencing from the date of initial rental.
(9)
Waivers, modifications or other actions. A developer in the PRD Zone may request the Planning Board and/or Township to further increase densities, to waive or modify cost-generating requirements in this chapter, including in § 360-61, Site plan approval, or in Chapter 316, Subdivision of Land, to waive or reduce fees or to grant tax abatement to the extent authorized by law if the developer determines that such actions are necessary to provide the 20% low- and moderate-income housing. A developer may choose one of three impartial housing experts from a list prepared by the Planning Board and shall have the expert make recommendations, at the expense of the developer, on the necessity for the proposed waivers, modifications or other actions. The expert shall also consider whether the requirement for which the waiver or modification is sought is a necessary minimum standard required for public health and safety. In the event that the expert determines that, even after full municipal cooperation, it is not economically feasible for the developer to provide the full amount of affordable low- and moderate-income units as defined in this Subsection E, the expert may recommend that the developer provide 12% moderate-income and 8% low-income units. Such a modification in the low- and moderate-income obligation shall not be approved unless the expert determines that the Township has substantially complied with his recommendations for municipal actions to reduce costs. In the event that the Planning Board declines to accept one or more of the recommendations of the expert, it shall detail its reasons in writing.
[Amended 4-27-2021 by Ord. No. 2021-05]
In the CCRCD Continuing Care Retirement Community District the
following provisions shall apply:
A.
ASSISTED LIVING UNIT
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
CONTINUING CARE RETIREMENT COMMUNITY ACCESSORY USES
INDEPENDENT APARTMENT UNIT
SKILLED NURSING CARE UNIT
Definitions. As used in this
section, the following terms shall have the meanings indicated:
A dwelling unit varying in square footage from 200 square
feet to 500 square feet that provides a residential living environment
assisted by congregate meals, housekeeping, and personal services,
for persons age 60 or older, who have temporary or periodic difficulties
with one or more essential activities of daily living, such as feeding,
bathing, dressing or mobility. An assisted living unit shall include
accessory uses including dining rooms, bathing areas, common areas,
offices and other space necessary to provide the above services.
A facility which has a primary purpose of providing housing
and continuing care for people over the age of 60 or where either
the husband or wife is over age 60 and consists of independent apartment
units, assisted living units, skilled care nursing units and continuing
care retirement community accessory uses all as defined herein and
as regulated by N.J.S.A. 52:27D-330 through 52:27D-357, known as the
"Continuing Care Retirement Community Regulation and Financial Disclosure
Act." For purposes of this section, "continuing care" means the provision
of lodging, nursing, medical or health related services at the same
or another location to an individual pursuant to an agreement effective
for the life of the individual or for a period greater than one year,
including mutually terminable contracts, and in consideration of the
payment of an entrance fee with or without other periodic charges
to an individual who is at least 60 years of age.
Any use necessary for the operation of the facility or for
the benefit or convenience of the residents and their guests, including
but not limited to kitchen and dining facilities, places of worship,
indoor and outdoor recreational buildings and uses, retail and banking
facilities, beauty salons and barbershops, gift shops, classrooms,
security facilities, conference rooms, common areas, guest rooms,
administrative offices, medical offices, postal center, pharmacy,
maintenances facilities, craft and music rooms, library and television
room, and heating and cooling equipment structures, provided that
the accessory use is for the primary benefit of the continuing care
retirement community, and provided that there is no exterior announcement
of the use.
A dwelling unit containing living areas, bedroom areas, kitchen
areas and bathrooms, including studio-style apartments, varying in
square footage from 350 square feet to 2,000 square feet, which house
one or more people over the age of 60 in a manner in which they may
live independently while receiving one or more meals per day in a
congregate setting.
A nursing bed or individual room which provides board, shelter
and twenty-four-hour skilled nursing and medical care to chronic or
convalescent patients. A nursing unit shall include accessory uses
including dining rooms, bathing areas, common areas, offices, clinics,
therapy areas, medical facilities and other space necessary to provide
the above services.
B.
Use regulations. Structures and
lots may be used or occupied for the following uses in the CCRC District:
C.
Bulk regulations applicable to
CCRC uses.
(1)
Minimum lot area: 125 acres.
However, the minimum lot area of 125 acres for development of a CCRC
shall not prevent the development from proceeding in sections or phases.
(2)
Maximum impervious coverage:
50%.
(3)
Minimum width: none.
(4)
Minimum depth: none.
(5)
Minimum front yard: 100 feet.
(6)
Minimum side yard: 50 feet.
(7)
Minimum rear yard: 50 feet.
(8)
Maximum building height:
seven stories or 75 feet, exclusive of roof structures and towers.
(9)
Maximum floor area ratio:
0.60.
(10)
Open space. The purpose
of this section is to both promote the retention of as much open space
as possible that results from the method of development that is permitted
by the bulk regulations contained in the CCRC Zone and to prevent
inappropriate development from taking place in areas of the Township
characterized by steep slopes and/or areas of environmental and natural
sensitivity. Substantial portions of the land lying within the CCRC
Zone are characterized by slopes of 25% or greater and invariably
involve severe limitations to development, including but not limited
to building and road construction, drainage facilities and improvements
and effluent disposal. Moreover, it is found that the removal of vegetation
and disturbance of soils on steep slopes by excavation and fill will
increase runoff and result in soil erosion and siltation with the
resultant pollution of streams, watercourses, water bodies and wetlands,
as well as the potential danger of flooding and water drainage, thereby
having the potential of endangering public and private property and
life. These conditions are aggravated by soil disturbance, construction
and development on these slopes which create an additional hazard
to the lives and property of those dwelling in the proximity of the
slopes below them.
(a)
In addition to the prominent steep slope characteristics of the land
lying within the CCRC Zone, said lands contain a preexisting system
of trails and pathways that are connected and/or located in the proximity
of existing public parklands within the Township and which have been
enjoyed by the public over the course of many years.
(b)
Accordingly, the location of the open space resulting from the cluster-type
method of development which is permitted and favored by the Township
for the CCRC Zone shall be subject to the approval of planning, zoning
and engineering principles, so as to protect the environment and promote
the retention of the maximum amount of open space as shall be reasonably
possible. Therefore, the following bulk regulations relating to open
space shall apply within the CCRC Zone:
[1]
The minimum amount
of open space shall be 50% of the gross acreage.
[2]
Open space shall be
included in calculation of minimum lot area, density, maximum impervious
coverage, maximum floor area ratio and minimum front, side and rear
yard setbacks and buffer areas.
[3]
Said open space may
include the following uses and appurtenant structures: public or private
park or recreational uses, drainage and detention facilities, paths,
trails, and public or private utilities, such as, but not limited
to, sewer, water, cable and electrical, all to service the Township
of Pequannock and for the CCRC. Any open space shall not have a dimension
less than 20 feet nor a minimum contiguous size of less than 1/2 acre.
D.
Ownership of open space. All
open space as hereinabove provided shall be first offered for dedication
to the Township of Pequannock and then to other suitable entities.
In the event the Township of Pequannock shall decline the dedication
for any reason, the land shall revert to the property owner with the
restriction that said property shall be used in perpetuity for open
space to be utilized for the benefit and enjoyment of the public.
Any deeds of conveyance and agreements complying with the provisions
of this section shall be accompanied, as may be necessary, by all
approvals and legal opinions as may be necessary to comply with the
regulations of the Township of Pequannock and the State of New Jersey.
Any deed of dedication to the Township of Pequannock shall be accompanied
by a policy of title insurance issued by a title insurance company
licensed to do business in the State of New Jersey guaranteeing the
right of the owner to convey the deed to the property free of all
claims and rights of others, except for any easements and/or restrictions
of record, so long as said easements and/or restrictions:
E.
Location of open space. The location
of open space shall be subject to the approval by the Planning Board,
in accordance with good planning, zoning and engineering principles,
so as best to protect the environment, with particular attention paid
to the following:
(1)
Land shown on the Official
Tax Map or Master Plan as open space.
(2)
Flood hazard areas.
(3)
Location along ditches, watercourses
and water bodies and wetlands.
(4)
Floodwater retention or detention
areas.
(5)
Reservoirs, well fields and
aquifer recharge areas.
(6)
Areas of steep slope.
(7)
Areas of natural rock outcropping.
(8)
Areas of unusual vegetation
or animal habitat.
F.
Special setbacks applicable to
CCRC uses.
(1)
Building setbacks. All buildings
shall be set back at least 100 feet from any perimeter lot line which
abuts a residential zone or a residential use or which abuts land
within another municipality. If the applicant provides an undisturbed
natural buffer, the Planning Board may reduce this setback as it deems
necessary and appropriate, but in no event shall the setback be less
than 50 feet.
(2)
All principal building structures
shall be set back at least 30 feet from other principal structures.
(3)
Notwithstanding the foregoing,
all buildings may be connected by covered/enclosed walkways within
the areas separating principal buildings.
G.
Parking and loading requirements
applicable to CCRC uses. The required number of parking spaces shall
be 0.9 space per independent apartment unit inclusive of all staff,
resident and visitor parking and inclusive of all assisted living
units and skilled care nursing units within the CCRC. The required
number of loading spaces shall be one per community building over
40,000 square feet.
H.
Number of CCRC units. The maximum
permitted density shall be six independent apartment units per gross
acre, calculated on a minimum of 125 acres, and in conjunction therewith
up to 0.40 assisted living units and skilled care nursing units per
independent apartment unit shall be permitted. There shall be no requirement
that the assisted living units and skilled nursing care units be actually
constructed in any proportion to independent apartment units, provided
that the CCRC applicant shall, at the time of application, present
a reasonable plan for construction of all aspects of the development
upon completion.
I.
Zero lot lines within a CCRC.
As part of an overall development plan approval for a parcel, interior
lots may be created within a CCRC and in such event the side yard,
front yard, and rear yard requirements generally applicable to the
CCRC shall not apply to lots within the CCRC created by said subdivision.
In the event of such a subdivision, there shall be no prohibition
against more than one building on any one lot.
J.
Approvals.
(1)
To facilitate development
in this zone, the Planning Board shall apply the site plan and subdivision
standards of this chapter in such a way as to encourage and promote
flexibility, economy and environmental soundness in design and layout,
and the Planning Board shall not be required to have all detailed
engineering information at the time of any preliminary approval. The
applicant may not build on preliminary approval unless detailed drawings
meeting all ordinance standards are supplied. Any development may
take place in conjunction with an overall phasing plan approved by
the Board.
(2)
In the event a CCRC development
is proposed and preliminary site plan approval granted, the Planning
Board may, in its discretion, extend the three-year protection of
such approvals afforded an applicant pursuant to N.J.S.A. 40:55D-49d.
K.
Amendment of Zoning Map. The
CCRC designation shall be as designated on the amendment to the Zoning
Map attached and made a part of this chapter.
[Added 5-26-2009 by Ord.
No. 2009-16; 7-26-2011 by Ord. No. 2011-20]
In the Senior Citizen Housing Overlay District the following
provisions shall apply:
A.
Purpose.
(1)
The goals and objectives
of the Pequannock Township Master Plan and periodic reexamination
reports point to the need for low- and moderate-income housing as
well as the need for a diversity of housing stock in the community.
There continues to be a present need for senior citizen housing in
Pequannock Township as indicated by the older demographic studies
in the Master Plan as well as lengthy waiting lists for such housing
currently maintained by Hearle Village and periodically revised in
past years as required by New Jersey Housing and Mortgage Finance
Agency regulations.
(2)
The purpose of this section
is to permit the future development of senior citizen housing as an
adjunct to the Alex Hearle Senior Citizens Housing Project and for
the further purpose of recognizing as a permitted use the Alex Hearle
Project, approved approximately 30 years ago by the Township of Pequannock
for subsidized, nonprofit, high-density housing through the use variance
process.
(3)
The further purpose of this
section is to specifically provide for the development of new senior
citizen housing by Pequannock Senior Citizens Housing Corp. on previously
acquired properties adjacent to the existing Alex Hearle Project as
well as a single adjacent property to be acquired in the future for
such use.
(4)
The final and procedural
purpose of this section is to overlay zoning regulations applicable
to nonprofit senior citizen housing within the R-15 Residential District,
south of Jacksonville Road, where such uses have historically proven
to be a compatible use.
B.
Principal permitted uses. This
zone is limited to senior citizen housing. The following dwelling
unit types are permitted:
[Amended 4-27-2021 by Ord. No. 2021-05]
D.
Location. Senior citizen housing
shall be allowed as such use currently exists at the Pequannock Township
senior citizens project site on property described on the municipal
tax assessment map as Block 3506, Lot 4, and also on an adjacent property,
previously acquired by the Pequannock Township Senior Housing Corp.,
and approved for such purpose by the New Jersey Housing and Mortgage
Finance Agency, being Block 3505, Lot 7 and Lot 8, and Block 3902,
Lot 11.
E.
Additional zone standards (all
minimum except as indicated).
F.
Supplemental regulations.
(1)
Each dwelling unit in the
development shall be serviced by a municipal sanitary sewer system
and by municipal water supply.
(2)
Off-street parking shall
be provided at the ratio of 0.5 space per unit.
(3)
Each development project
in the zone shall include in its application assurances that senior
citizen occupants shall qualify by age and income for the particular
category of housing at the time of occupancy.
(4)
Parking in the front yard
shall be permitted with a minimum front yard setback of 25 feet.
(5)
Screening, landscaping and
open space. Where a multifamily residential use abuts a single-family
residential use there shall be a ten-foot buffer strip which consists
of landscaping or natural vegetation as approved by the Planning Board.
Said buffer area shall include a solid fence in conformance with other
requirements of this chapter as approved by the Planning Board. Such
a buffer may be located within the rear or side yard setback requirement.
The object of said buffer shall be to screen year round the adjacent
areas.
[Added 11-23-2021 by Ord.
No. 2021-16]
In the Agricultural District-1 (AG-1), the following regulations
shall apply:
A.
Use regulations. A building may be erected or used and a lot may
be used or occupied for the following purposes and no other:
(2)
Accessory uses.
(c)
Off-street parking and loading as required by this chapter.
(d)
Livestock and storage structures, provided that:
(e)
Garages, tennis courts and swimming pools for one-family homes,
and uses customarily associated with the above uses, provided that
such accessory uses are subordinate to the principal use, do not change
the character of the principal use and serve only the principal use.
(3)
Conditional uses. All conditional uses shall meet the requirements of Article VII of this chapter.
(4)
Prohibited uses. Those uses which are not specifically permitted
in the AG-1 Zone are hereby prohibited.
B.
Bulk regulations.
(2)
Lot width. A minimum width of 200 feet shall be provided.
(3)
Height.
(a)
No structure shall exceed 2 1/2 stories or 35 feet in height,
whichever is less. In measuring height within this zone district,
it shall be the average height of the gable, as opposed to the highest
point of the ridge, that shall be the basis of this determination.
(b)
Properties within any Airport Hazard Restricted Zones may have
additional building height requirements.
(4)
Front yard setback. There shall be a front yard setback of at least
75 feet.
(5)
Rear yard. There shall be a rear yard setback of at least 75 feet.
(6)
Side yard. There shall be two side yard setbacks, each not less than
25 feet, and the aggregate of the two side yards shall not be less
than 70 feet.
(7)
Coverage.
(a)
No more than 30% of the area shall be covered by commercial
buildings, and no more than 35% of any lot shall be covered by impervious
surfaces, including the building coverage.
(b)
Any proposed residential lot would have building and lot coverage
limitations in accordance with the R-87 bulk standards.
(8)
Lot frontage shall be equal to lot width; provided that for lots
around the bulb of a cul-de-sac, frontage shall be at least 50% of
the lot width.
(9)
Proximity to residential zone or use.
(a)
Notwithstanding any other provisions of this section, no structure
in the AG-1 Zone shall be constructed closer than 100 feet to the
nearest residentially zoned or used property or public parkland, and
no parking area or access drive shall be located closer than 25 feet
to any residentially zoned or used parcel of land or any public park.
(b)
Lot depth. There shall be a lot depth of at least 435 feet in
length.
C.
Undersized lots.
(1)
Any lot of at least two acres located in the Agricultural District-1, which was lawfully created before September 28, 2021, and which is used as a farm, may contain a farm building, located in accordance with requirements of Subsection B; any farm building on such lot may be enlarged, and any farm building thereon which shall accidentally be destroyed may be replaced in the same location as it occupied on the lot immediately prior to said accidental destruction, and shall not constitute a nonconforming structure.
(2)
Any lot containing a single-family dwelling and having a lot area
of less than two acres but containing at least 22,000 square feet
located in the Agricultural Zoning District-1, lawfully created before
September 28, 2021, may continue to be used for one single-family
dwelling as a principal use without such lot being deemed to have
merged with any adjoining land in the same ownership. Any single-family
dwelling or accessory structure on such lot may be enlarged, and any
single-family dwelling or accessory structure thereon which shall
accidentally be destroyed may be replaced in the same location as
it occupied on the lot immediately prior to said accidental destruction,
and shall not constitute a nonconforming use or structure, provided
that the following shall apply:
(a)
Where a lot has a lot area of at least 22,000 square feet, the
R-22 Zone bulk standards shall apply.
[Added 11-23-2021 by Ord.
No. 2021-16]
In the AG-2 District, the following regulations shall apply:
A.
Use regulations. A building may be erected or used and a lot may
be used or occupied for the following purposes and no other:
(2)
Accessory uses.
(c)
Livestock and storage structures, provided that:
(d)
Garages, tennis courts and swimming pools for single-family
homes, and uses customarily associated with the above uses, provided
that such uses are subordinate to the principal use, do not change
the character of the principal use and serve only the principal use.
(4)
Prohibited uses. Those uses which are not specifically permitted
in the AG-2 Zone are hereby prohibited.
B.
Bulk regulations.
(1)
Lot area. A lot area of not less than 87,120 square feet shall
be provided.
(2)
Lot width. The minimum lot width shall be 200 feet.
(3)
Height. No structure shall exceed 2 1/2 stories or 35 feet
in height, whichever is less.
(4)
Front yard. There shall be a front yard of at least 75 feet
in depth.
(5)
Rear yard. There shall be a rear yard, which shall be 75 feet
in depth.
(6)
Side yard. There shall be two side yards, each not less than
25 feet, and the aggregate of the two side yards shall not be less
than 70 feet.
(7)
Coverage. No more than 30% of the area of any lot shall be covered
by buildings, and not more than 35% of any lot shall be covered by
impervious surfaces, including building area.
(8)
Lot frontage. Lot frontage shall be equal to lot width; provided,
however, that for lots around the bulb of a cul-de-sac, lot frontage
shall be at least 50% of the lot width.
(9)
Proximity to residential zone or use.
(a)
Notwithstanding any other provisions of this section, no structure
in the AG-2 Zone shall be constructed closer than 100 feet to the
nearest residentially zoned or used property or public parkland, and
no parking area or access drive shall be located closer than 25 feet
to any residentially zoned or used parcel of land or any public park.
(b)
Lot depth. There shall be a lot depth of at least 435 feet in
length.
C.
Single-family detached dwelling conditional use, bulk standards.
(1)
Lot area. A lot area of not less than 22,000 square feet shall
be provided.
(2)
Lot width. The minimum lot width shall be 110 feet.
(3)
Height. No structure shall exceed 2 1/2 stories or 35 feet
in height, whichever is less.
(4)
Front yard. There shall be a front yard of at least 50 feet
in depth; provided, however, that where the average setback is less
than 50 feet, the average setback will apply.
(5)
Rear yard. There shall be a rear yard, which shall be 50 feet
in depth.
(6)
Side yard. There shall be two side yards, each not less than
15 feet, and the aggregate of the two side yards shall not be less
than 40 feet.
(7)
Coverage. No more than 15% of the area of any lot shall be covered
by buildings, and not more than 30% of any lot shall be covered by
impervious surfaces, including building area.
(8)
Lot frontage. Lot frontage shall be equal to lot width; provided,
however, that for lots around the bulb of a cul-de-sac, lot frontage
shall be at least 50% of the lot width.
(9)
Lot depth. There shall be a lot depth of at least 200 feet in
length.
