[Amended 11-23-1982 by Ord. No. 69:82]
R-1, R-1M and R-1M(r) Districts are differentiated
one from the other whereby a mixed land use option may be permitted
only in the R-1M District and a mixed residential option may be permitted
only in the R-1M(r) District.
No building, structure or premises shall be
used and no building or structure shall be erected or structurally
altered, except for the following uses:
A.
Single-family detached house.
B.
A building used for horticultural, agricultural or
dairying purposes, poultry or domestic animal-raising, provided that
no building for the housing of cows, calves, bulls, horses, sheep,
goats and birds or any building for the housing of hogs, hog pen,
hog run or enclosure shall be within 100 feet of any side or rear
lot line nor within 200 feet of any front lot line; that no fertilizer
or manure shall be heaped, piled or stored within 100 feet of any
side or rear lot line nor within 400 feet of any front lot line; that
no building of more than two stories in height, run or enclosure for
the housing or keeping of fowl having 60 square feet of floor space
or less shall be within 15 feet of any side or rear lot line nor within
100 feet of any front lot line, which side and rear requirements shall
be increased one foot and front yard requirements five feet, respectively,
for each additional 60 square feet of floor space or fraction thereof,
together with an additional fifty-foot setback for each story that
the building housing fowl is over two feet in height (separate buildings
to be cumulative as to the number of square feet for rear, side and
front yard requirements); provided, however, that the maximum side
and rear yard requirements shall be 200 feet and maximum front yard
requirements 400 feet plus 50 feet for each story above two stories
as hereinabove set forth, provided that no animals or poultry may
be kept nor maintained unless adequate shelter is provided, and provided
further that any structure erected for any of the foregoing purposes
shall be accessory to a residential dwelling. Any uses permitted in
this subsection shall be limited to an area of not less than five
acres.
E.
Public community center building, auditorium, public
library, public museum, public art gallery, public park or playground
or other like place of public assembly not conducted for gain or profit.
[Added 3-12-1985 by Ord. No. 85:12; 9-28-1988 by Ord. No. 88:47]
The following accessory uses shall be permitted:
The following conditional uses shall be permitted:
B.
Mixed land use option in the R-1M District only and subject to the regulations as set forth in Article XXXVI.
C.
Multifamily dwellings, as defined in § 430-8, in the R-1M District only and subject to the requirements as set forth hereinafter:
[Added 6-12-1984 by Ord. No. 84:25]
(1)
The minimum land area required to qualify for development
shall be 35 acres.
(2)
The maximum gross density (dwelling units per acre)
shall be 10 units per acre.
(3)
The maximum building height shall be six stories.
(4)
The minimum percent of required open space of the
total area of the tract shall be 75%.
(5)
The minimum distance between structures shall be 150
feet.
(6)
The minimum setback from all property lines shall
be 150 feet.
(7)
The minimum off-street parking requirements shall
be two spaces per unit.
(8)
A minimum of 50% of the required off-street parking
shall be garage parking.
D.
The operation of a public or private nonprofit school or child-care center, subject to the requirements of § 430-41B.
[Added 12-12-1989 by Ord. No. 89:72]
E.
Affordable accessory apartments as defined in § 430-8, in the R-1 District only and subject to the requirements set forth hereinafter:
[Added 10-1-2019 by Ord.
No. 2019:61]
(1)
The minimum lot area must be at least 40,000 square feet, with a
width of at least 200 feet.
(2)
The affordable accessory apartment must have its own separate entrance
from ground level not visible from the street and shall not be accessible
from the principal building on the lot.
(3)
The affordable accessory apartment may not be within the building
footprint of the principal single-family residence on site. Construction
of an addition or conversion of an attached garage is permissible,
so long as adequate off-street parking for both the principal residential
use and the affordable accessory apartment is provided.
(4)
There shall be no more than one principal single-family residence
and one accessory apartment on any one lot wherein the same principal
single-family residence is located.
(5)
The accessory apartment shall be designed, constructed out of materials,
and landscaped in such a way that respects the existing character
of the principal single-family residence and the neighborhood in which
it is located.
(6)
The affordable accessory apartment must be approved under the Township's
accessory apartment program to be rented to a low- or moderate-income
household. This applies to any existing nonconforming accessory apartments
seeking Planning Board approval.
(7)
The affordable accessory apartment shall not be occupied by more
than two persons.
(8)
The floor area of a newly constructed or converted affordable accessory
apartment shall not be less than 450 square feet and shall not exceed
750 square feet.
(9)
A newly constructed detached affordable accessory apartment must
be set back a minimum of 15 feet from both the rear and side lot lines.
(10)
A conversion of an existing detached accessory building to an
affordable accessory apartment must meet the setback and yard requirements
of an accessory building in the zone.
(11)
A newly constructed attached affordable accessory apartment
shall meet all the appropriate requirements in the zone.
(12)
All accessory apartments shall provide at least one off-street
car parking space.
(13)
The dwelling structure shall comply with the Uniform Construction
Code and Uniform Fire Code Requirements to the extent required by
the Construction Official.
(14)
No lot containing a principal residence and an affordable accessory
apartment shall be subdivided unless each resulting lot with its improvements
complies in all respects with the requirements of this section and
the requirements of the R-1 Residential District.
(15)
Prior to issuance of a building permit for the affordable accessory
apartment, a new deed shall be recorded in the Morris County Clerk's
Office containing a restriction stating that the accessory apartment
will be maintained as affordable for a period of at least 30 years,
and be in compliance with this section.
(16)
If the affordable accessory apartment is not serviced by the
Township sewer system, approval of the Morris County shall be obtained
before Planning Board approval.
(17)
No more than five moderate-income affordable accessory apartments
are permitted within the Township of Parsippany-Troy Hills.
(18)
The provisions of this article permitting affordable accessory
apartments shall become null and void, having no further force or
effect, upon the issuance of a building permit for the 10th affordable
accessory apartment within the Township of Parsippany-Troy Hills,
provided at least half of those units are rented to a low-income household.
The administrative provisions shall remain in full force and effect
unless otherwise modified until the last deed restriction expires.
Height, area and yard requirements shall be as specified in the schedule of regulations in Article VI, except as hereafter provided.
B.
Variable lot size provision. In a major subdivision application, variable lot sizes may be approved by the Planning Board. The lot sizes may be varied to the extent that not to exceed 35% of the lots may have areas of not less than 25,000 square feet each and a width of not less than 150 feet if sufficient of the remainder of the lots are increased in area so that the average lot size will be not less than 40,000 square feet. The Planning Board, in passing on such plat, shall consider the physical and structural characteristics, including the topography of the land comprised in the subdivision, and determine that variation in lot size will provide a better layout of the subdivision and a better use of the land for building sites than would a uniform lot size. The subdivider shall submit a plat map showing the development according to the requirements of the R-1 District as shown in the schedule in Article VI and another plat map showing the development as modified In accordance with this section. In no event shall the density of development throughout the subdivision exceed the exact number of lots that would have been permitted to be built if such development had proceeded on the basis of 40,000 square feet per lot with a width of not less than 200 feet.
C.
Open space density modification. In order to preserve
and protect natural woodlands and waterways and further to provide
that open space area is available to future residents, concurrent
with residential development in a major subdivision, the lot size
of any one or more lots may be less than 40,000 square feet and have
a width of not less than 200 feet, but in no event shall any lot be
less than 25,000 square feet in area and have a width of lot of less
than 150 feet, if the following conditions and regulations are met:
(1)
Plat map. The subdivider shall submit a plat map showing the development according to the requirements of the R-1 Schedule in Article VI and another plat map showing the development as modified in accordance with this section.
(2)
Approval. If lands are proposed to be dedicated to
the Township or homeowners' association, the Planning Board shall
condition final approval upon acceptance of such land by the Township
Council or establishment of a homeowners' association, as the case
may be.
(3)
Dedication. All open space areas of the tract being
subdivided shall be dedicated and conveyed by the owner, in fee simple
absolute, by a good and sufficient deed.
(4)
Application requirement. All approvals for such major subdivisions as permitted hereunder, together with the standards of dedication and sanitary approval, shall be in accordance with Chapter 225, Land Use, Subdivisions and Site Plans.
(5)
Density regulation. In no event shall the density
of development throughout the subdivision exceed the exact number
of dwelling units that would have been permitted to be built if such
development had proceeded on the basis of 40,000 square feet per lot
with a width of not less than 200 feet.
(6)
Area, yard and building requirements. Development
on lots created pursuant to the provisions of this section shall be
subject to the area, yard and building requirements of the district
as modified pursuant to the approved open space density modification
as permitted herein.
[Added 3-14-2000 by Ord. No. 2000:7]
Off-street parking space, together with appropriate access thereto, shall be provided on the same lot as the building it is intended to serve, in accordance with the standards of Article XXXVII.
Signs shall be permitted in conformance to Article XXXVIII.
