Schedule of regulations. The restrictions and
controls intended to regulate development in each district are partially
set forth in the schedules incorporated herein and entitled "Schedule
1, Schedule of Permitted Uses," "Schedule 2, Lot and Yard Requirements,"
and "Schedule 3, Height, Coverage and Building Requirements" and are
further supplemented by other sections of this chapter.[1]
[1]
Editor's Note: These schedules are included
at the end of this chapter.
Except as otherwise provided in this chapter:
A.
No building shall be erected and no existing building
shall be moved, altered, added to or enlarged, nor shall any land
or building be designed, used for, intended to be used for any purpose
or in any manner other than as specified among the uses listed as
permitted in the district in which such building or land is located.
B.
No building shall be erected, reconstructed or structurally
altered to exceed in height the limit designated for the district
in which such building is located.
C.
No building shall be erected, altered, enlarged or
rebuilt, nor shall any open space surrounding any building be encroached
upon or reduced in any manner, except in conformity to the yard, lot
area, and building location regulations designated for the district
in which such building or open space is located.
D.
No yard or other open space provided contiguous to
any building for the purpose of complying with the provisions of this
chapter shall be considered to provide a yard or open space for any
other building, and no yard or other open space on one lot shall be
considered as providing a yard or open space for a building on any
other lot.
A.
The regulations set forth in Schedule 1, Permitted
Uses shall apply to all buildings and lots within the several districts
respectively, unless otherwise specified in this chapter.
B.
Any use not designated as a permitted principal use,
accessory use or special use is specifically prohibited from any district
in the Township.
C.
Exterior alterations which substantially change the
character and nature of a building for the purpose of changing the
use of the building shall not be permitted in any zoning district
in which residences are permitted.
D.
Zoning districts designated by "H" on the Township Zoning Map shall additionally meet the requirements set forth in § 112-193.
E.
Development within the I-P Institutional/Public Zoning District shall be subject to § 112-280I, Institutional/public.
[Added 2-26-2008 by Ord. No. 3740]
F.
Adult
day-care facilities shall be permitted in all nonresidential zoning
districts, However, adult day-care facilities shall not be subject
to the same exemptions provided to child-care centers pursuant to
the Municipal Land Use Law.
[Added 12-8-2020 by Ord. No. 4333-20]
The regulations set forth in Schedule 2, Lot
and Yard Requirements, shall apply to all buildings and lots within
the several districts respectively, unless otherwise specified in
this chapter.
The regulations set forth in Schedule 3, Height
and Coverage Requirements, shall apply to all buildings and lots within
the several districts respectively, unless otherwise specified in
this chapter.
A.
There shall be no more than one single-family or two-family
residential principal building erected on any one lot in a residential
zone district.
B.
All principal buildings and required front yard areas
must face on a dedicated public street or a private street approved
by the Planning Board.
C.
The following are applicable to principal buildings
located in the OP Zone:
(1)
The outside dimension of a two-story mixed use or
nonresidential building shall be limited to 75 feet.
(2)
The minimum distance between buildings shall be no
less than 25 feet.
(3)
The number of dwelling units within a mixed use building
shall be limited to two, and may be arranged in a vertical or horizontal
manner utilizing one or two floors or a combination thereof; however,
no living space shall be permitted above the second floor.
(4)
The total number of dwelling units per lot shall be
limited to two, contained either in a mixed use building or in a two-family
dwelling.
No accessory building permitted by this chapter
shall be placed in any required yard except as specified hereinafter
in this section.
A.
The aggregate ground area covered by accessory buildings
in any required rear yard shall not exceed 30 percent of the required
rear yard area within any residential zone. Within any business and
industrial zone, the aggregate area covered by any accessory buildings
shall not exceed 50% of the required rear yard area.
B.
An accessory building attached to the principal building
shall comply in all respects with the requirements of this chapter
applicable to the principal building.
C.
No accessory building within any zone shall exceed
the height of the principal building.
D.
No accessory building erected in a required yard on
any lot within any zone shall be used for residential purposes.
E.
Within the limitations hereinbefore recited, any accessory
building within any residential zone shall be a distance not less
than the minimum front yard setback distance from the street line
required for that zone.
F.
On through lots, no accessory building erected in
the rear yard shall be nearer the street line than the minimum distance
specified for a front yard setback on that part of the street which
said yard abuts.
H.
Garden sheds shall be governed by § 112-16 Accessory buildings, except that they may be erected closer to the rear and side property lines as indicated in the below modified schedule. In no instance, however, shall the location of the garden shed be closer to an existing dwelling, which is located on an adjacent lot, then the prescribed minimum side yard depth for accessory buildings of the zone in which the garden shed is to be erected. (See Schedule 2, Lot and Yard Requirements.) Applicants desiring a permit to erect a garden shed within the modified setbacks, must provide the location of dwellings on the adjacent lots on their filed plan. Garden sheds shall not exceed the following standards governing size:
[Amended 9-26-2017 by Ord. No. 4210-17]
A.
No subdivision shall be approved unless the area to
be subdivided shall have frontage on and access from an existing street
on the Township Master Plan or Official Map or unless such street
exists as defined herein.
B.
Through lots and reversed frontage lots shall be prohibited
except where necessary to provide separation of residential development
from traffic arterials or to overcome specific disadvantages to shape
topography or orientation and when vehicular access is permitted on
only one street. Vehicular access on more than one street shall be
prevented by a deed restriction or similar mechanism approved by the
Planning Board or Board of Adjustment.
[Amended 1-23-2007 by Ord. No. 3652]
C.
Where a building lot has frontage upon a street which,
on the Master Plan or Official Map of the Township of Franklin is
contemplated for right-of-way widening, the required front yard area
shall be measured from such proposed future right-of-way line.[1]
[1]
Editor's Note: Former Subsection D, which
prohibited games of chance and which subsection immediately followed
this subsection, was repealed 8-14-2007 by Ord. No. 3708.
A.
No lot shall hereafter be so subdivided or reduced
in area as to cause any open space required by this chapter to be
less in any dimension than is herein required for the zone and lot
in question.
B.
Where a lot is formed as part of another lot and occupied
by a building, such division shall be effected in such a manner as
not to impair any of the requirements of this chapter with respect
to the existing buildings or yards and open spaces in connection therewith.
No permit shall be issued for the erection of a new building on a
new lot thus created, unless it complies with all provisions of this
chapter.
Regardless of whether the Township or any duly
constituted board, agency or department thereof is acting in or pursuant
to the performance of a governmental function, carrying out a legislative
mandate or in the exercise of its private right as a corporate body,
any structure, facility or use, either existing or proposed, owned,
operated or controlled by the municipality, or the Franklin Township
Board of Education or any of its agencies, shall be permitted in any
class of zone; it being the intention that whatever the Township may
be authorized to do shall constitute a function of government and
that whenever the Township shall act pursuant to granted authority,
it acts as government and not as a private entrepreneur.
No building permit shall be issued unless the
building lot abuts a street as defined herein giving public access
to said building, and until such street shall have been certified
by the governing body to be suitably improved or such suitable improvement
shall have been assured by means of a performance guaranty in accordance
with the standards and specifications for road improvements as required
by this chapter.
A.
No yard or part thereof or any other open space or
off-street parking or loading space required about or in connection
with any building for the purpose of complying with this chapter shall
be included as part of a yard, open space, or off-street parking or
loading space similarly required for any other building.
B.
No yard or lot existing at the time of passage of
this chapter shall be reduced in dimension or area below the minimum
requirements set forth herein. Yards or lots created after the effective
date of this chapter shall meet at least the minimum requirements
established by this chapter.
C.
In the case of irregularly shaped lots existing at
the time of passage of this chapter, the minimum frontage requirements
as specified in the schedule shall be measured at the rear line of
the required front yard area, provided that in no case shall the frontage
or the distance between side lot lines be reduced to less than 50%
of the minimum frontage requirement.
D.
All yard areas facing on a public street shall be
considered as front yards and shall conform to the front yard requirements
for the particular zone.
E.
When the rear yard of a corner lot adjoins the front
yard of a lot to the rear, no accessory building on such corner lot
shall be located nearer to the street on which the lot to the rear
faces than a distance equal to the depth of front yard required along
such frontage.
F.
No side or rear yard area shall be required for nonresidential
uses abutting railroad right-of-way boundary lines except as considered
necessary by the Planning Board to ensure the health, safety and welfare
of site occupants.
No soil, mineral or similar materials may be removed from any lot except in accordance with the provisions of Chapter 206, Soil Removal and Deposit.
[Amended 4-24-2007 by Ord. No. 3678]
No commercially registered vehicle of more than
12,500 pounds gross vehicle weight rating shall be parked out of doors
in any residential zone between the hours of 12:00 midnight and 6:00
a.m.
A.
Any owner or tenant of lands lying within the limits
of the Township shall keep all brush, hedges and other plant life,
or any other obstruction, growing or located in the sight triangle
area as determined by measurements taken in accordance with current
Institute of Transportation Engineers (ITE) formula for sight rights,
and where determined to be a safety hazard by the officer designated
by the Chief of Police, limited to a height of not more than 2 1/2
feet. At the direction of the officer designated by the Chief of Police,
all traffic signs shall be maintained free and clear of obstruction
by vegetation.
B.
Where any owner or tenant of lands described in § 112-24A shall have failed to keep such brush, hedges or other plant life cut to a height of not more than 2 1/2 feet upon written notice to such owner or tenant served personally upon such owner or tenant or mailed to the last known address of such owner or tenant, certified mail, return receipt requested, the Traffic Safety Officer of the Township of Franklin shall, upon the expiration 10 days after delivery of such notice, provide for the cutting of the same under his direction. He shall thereupon certify the cost of such cutting to the Township Council, which shall examine such certificate and if found correct, shall cause the cost as shown thereon to be charged against said lands, or in the event that such cost is excessive, shall cause the reasonable cost thereof to be charged against said lands. The amounts so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes.
C.
Any owner or tenant who shall violate any provision of this chapter or fail to comply therewith or with any of the requirements thereof, upon conviction thereof, shall be liable to the penalties in § 112-325. Each and every day such violation continues, shall be deemed a separate and distinct violation.
[Amended 2-14-2006 by Ord. No. 3591]
