No land, lot or premises and no building or structure shall be used for any purpose other than those permitted by Articles VIII through XI for the zone in which it is located. No building or structure may be erected, razed, moved, extended, enlarged or altered unless such action is in conformity with the regulations provided for the zone in which the said building or structure is located. Any deviation proposed from the use and bulk requirements of this chapter shall require a variance pursuant to N.J.S.A. 40:55D-70 et seq.
A.Â
Every lot shall contain front, rear and side yards
as required in the zone in which said lot is located unless otherwise
regulated. All lots shall have a minimum of one front yard fronting
on a street, as defined in N.J.S.A. 40:55D-7, which has been improved
to Township standards or accepted by the Township.
B.Â
No open space which has been counted or included as
part of a side yard, rear yard, front yard, court or other open space
as required by this chapter for one building may, by reason of change
of ownership or for any other reason, be counted or included in order
to comply with yard, court or other open space requirement of any
other building.
A.Â
A lot which at the time of the adoption of this revised
chapter (July 1981) fails to comply with the minimum lot size requirements
of this chapter and is located within a residential zone may be used
for the construction of a single-family home without application to
the Zoning Board of Adjustment, subject to the following:
B.Â
In the event that a lot which fails to comply with
the minimum lot size requirements of this chapter is contiguous with
and in the same ownership as another lot, such lots shall be deemed
merged and construed to be one lot for all purposes. Use thereof as
other than one lot is prohibited except as may be authorized by subdivision
approval.
Lots of less than 15,000 square feet and developed
with single-family residential uses at the time of adoption of this
chapter (July 1981) may be further developed in accordance with the
following schedule:
All yards on corner lots abutting any street
shall be construed as front yards and shall be subject to the front
yard setback requirement of the zone. One of the remaining yards shall
be designated the rear yard and the other a side yard and shall meet
the rear and side yard setback requirements respectively in the zone.
Flag lots shall be permitted in all single-family
residential zone districts subject to the following:
[Amended 12-14-2010 by Ord. No. O-10-28; 5-24-2011 by Ord. No.
O-11-13; 12-13-2011 by Ord. No. O-11-47]
Only one principal building may be erected on
a lot except for related compatible buildings constituting one basic
use or operation under one management. This exception shall be limited
to the following uses:
A.Â
Planned residential or multifamily developments.
B.Â
Public or institutional building complexes.
C.Â
Retail facilities as regulated in this chapter.
D.Â
Industrial or manufacturing building complexes.
E.Â
Farms.
F.Â
Planned developments.
G.Â
Solar
energy generation facility.
H.Â
Gasoline
station and convenience center.
No lot, yard, parking area or other open space
shall be so reduced in area or dimension as to make it less than the
minimum required under this article. No lot, yard, parking area or
other open space which is already less than the minimum required under
this article shall be further reduced in area or dimension.
No steps, fences, walls or any other aboveground
object shall extend into any street right-of-way.
A.Â
The height limitations required in each zone shall
not apply to steeples of houses of worship, masts, flagpoles, antennas
and private radio towers. The maximum height for these uses shall
not exceed 50 feet or the height limitation for the zone in which
it is located, whichever is greater. Any freestanding antenna or radio
tower shall be set back from all lot lines a distance equal to its
height.
B.Â
In all nonresidential zones, penthouses or roof structures
for elevators, stairways, tanks, ventilating fans, air-conditioning
equipment or similar equipment required to operate and maintain the
building, skylights, spires, cupolas, chimneys or similar structures
may be erected above the height limits prescribed by this chapter
but in no case shall exceed 10% of the maximum height permitted in
the zone and further provided that not more than 10% of the roof area
is occupied by such facilities.
No building shall be erected and no building
shall be reconstructed or altered so as to project in any way beyond
the average setback lines observed by existing buildings on the same
side of the street within the block at the time of the passage of
these regulations. Where the block affected has a length of more than
1,000 feet between its intersecting streets, the average setback line
observed by buildings on the same side of the street within 300 feet
on each side of the lot in question shall control.
A.Â
Shopping centers and office complexes and industrial
complexes may have more than one building on a lot and more than one
permitted use within a building in the NC, HC, HD-1, HD-2 and SED
Zones, except as limited in the specific provisions of those zones.
B.Â
Where lots are not subdivided, but separate portions
of the tract are leased, each lease portion of the tract shall be
designed in accordance with the zoning provisions as though they were
separate lots with one principal use per lot.
The following general conditions are applicable to sexually oriented businesses as defined in § 188-4, where they are not prohibited. This use may only be permitted upon receipt of a conditional use permit from the Planning Board and any other applicable requirements of this chapter or the Planning Board.
A.Â
No establishment shall be located closer than 1,000
feet to any school, hospital, church, library, park, playground or
public building.
B.Â
No establishment shall be located closer than 3,000
feet to any other sexually oriented business, tattoo, body piercing
or branding establishment.
C.Â
No establishment shall be located closer than 2,000
feet to an area zoned residential, neighborhood commercial, or mixed-use
development.
D.Â
When any existing building is converted from any use
to said establishments, a full and complete site plan shall be submitted
and reviewed in accordance with the provisions of this chapter.
E.Â
An establishment shall only be located in a freestanding
commercial building.
F.Â
In addition to district-specific sign regulations,
the use of neon signs on sexually oriented business establishments,
in window displays, or use in any other manner is prohibited.
[1]
Editor's Note: This ordinance also repealed
former § 188-62, Residential clustering.
[Amended 8-19-2002 by Ord. No. O-02-30; 6-29-2010 by Ord. No.
O-10-12]
A.Â
Every application
for site plan approval or major subdivision approval on lots of one
acre or more shall contain a fifty-foot perimeter buffer or farmland
buffer easement, as the case may be. Said buffer areas are required
along all lot and street lines separating residential uses from arterial
and collector streets, separating a nonresidential use from either
a residential use or residential zoning district line or active farmland.
Nonresidential site plans abutting nonresidential uses or zones shall
not require a buffer. Where an application is adjacent to a farmland
assessed qualified farm, all filed maps and deeds must contain the
"farm notice" language set forth as follows:
[Amended 6-24-2014 by Ord. No. O-14-10]
|
The Grantee acknowledges that the properties described herein
are adjacent to a qualified farm and that such farm may emit noise,
odors, and dust that may be objectionable, however, Grantee further
acknowledges that by acceptance of the within conveyance grantee hereby
waives objection to such farm activities, noise, odor and dust.
|
B.Â
The requirement
of a permanent fifty-foot-wide perimeter buffer easement, measured
from the property line, shall be provided by the applicant around
all major subdivisions, and shall be in addition to any land area
that is required under ordinance for use as a side and rear yard setback
area for proposed residential lots.
C.Â
Screening.
Site plans for lots of less than one acre shall include a ten-foot-wide
dense perimeter screening of sufficient height and density to mitigate
adverse glare and aesthetic impacts upon adjacent residential zones
or uses.
D.Â
No structure,
disturbance, storage of materials or parking of vehicles shall be
permitted in a buffer area. Access points from public roadways and
utility infrastructure as well as fences along the rear property lines,
as the case may be, shall be excluded from this subsection of this
section. Utility infrastructure does not include stormwater management
facilities. Stormwater retention/detention basins are not permitted
within a buffer area.
E.Â
A required
buffer between residential and a commercial or industrial project
development shall contain a fifty-foot-wide, four-season buffer, unless
such nonresidential use is preexisting, in which case the residential
use shall provide the required buffer. The buffer shall consist of
at least two of the following:
(1)Â
Landscaped,
fencing or walls at least 10 feet high.
(2)Â
Landscaped
berm at least six feet high.
(3)Â
A
building setback, measured from the buffer line, of at least 200 feet
with a grade of less than 20% with groups of plantings and trees located
to enhance architectural feature(s) of the structure and offer a break
to large open areas, but with no other use permitted in this area.
(4)Â
A
parking area setback at least 100 feet and screened as required under
the off-street parking provisions.
F.Â
All buffer
areas shall be planted and maintained with either grass or ground
cover together with a screen of live shrubs or scattered planting
of live trees, shrubs, or other plant material meeting the following
requirements:
(1)Â
The
preservation of natural wooded tracts shall be an integral part of
all site plans and subdivisions may be calculated as part of the required
buffer area, provided that the growth is of density and the area is
of a width to serve the purpose of a buffer. Where additional plantings
are necessary to establish an appropriate tone for an effective buffer,
said plantings may be required.
(2)Â
Plant
materials used in screen planting shall be evergreens at least six
feet to eight feet in height when planted, be balled and burlapped
nursery stock, and be of such density as will obscure, throughout
the full course of the year, the glare of automobile headlights emitted
from the premises.
(3)Â
The
screen planting shall be so placed that at maturity it will not be
closer than three feet from any street or property line.
(4)Â
Trees
shall be at least 10 feet in height and 2Â 1/2 inches in caliper
when planted and will be hardy and thrive in the area, of balled and
burlapped nursery stock, and free of insect and disease.
(5)Â
Any
plant material which does not live shall be replaced within two years
from release of the performance bond.
(6)Â
Screening
plantings and landscaping shall be broken at points of vehicular and
pedestrian access to assure a clear sight triangle.
G.Â
The Planning
Board or Zoning Board may permit variances from the requirements of
this section upon a showing by the applicant that an alternate proposal
employing the buffering elements set forth herein will achieve the
desired buffering effect. If the Planning Board or Zoning Board determines
that any of these alternate provisions will not be a sufficient buffer,
the Board may require the proposal to be modified to show such additional
buffering as shall be required to provide the desired buffering effect.
[Added 6-24-2002 by Ord. No. O-02-26]
A.Â
The purposes of this section are to:
(1)Â
Permit home office usage for home occupations and
blue-collar trades, which are incidental to the residential use of
the premises, are compatible with residential uses, are limited in
extent, degree and time, and do not detract from the residential character
and quality of the neighborhood, with the foregoing to be considered
in the context of an evaluation of the impact of such uses outside
of the confines of the residential dwelling itself.
(2)Â
Encourage incubator or start-up business activities
and/or blue-collar trades within the context of a home office, as
defined herein, for later removal to an appropriate nonresidential
zone as the business grows and succeeds beyond the limitations and
restrictions appropriate for a residential zone.
(3)Â
Protect residential areas from any adverse impacts
associated with home occupations and protect residential property
values.
(4)Â
Ensure that the health, safety and welfare of neighbors
and residents are protected and that their rights are not compromised
in any manner whatsoever by the operation of the particular home occupation.
B.Â
A home office use is an office activity, carried on
for gain by a resident in a dwelling unit, clearly accessory and secondary
to the use for living purposes, which shall be a permitted accessory
use in residential zone districts, provided that:
(1)Â
The use is operated by or employs, in the residence
only, only a resident or residents who are permanent full-time residents
of the dwelling unit and no other person.
(2)Â
No nonresident employees, customers, or business invitees
or guests shall use or visit the dwelling unit for business purposes.
(3)Â
The accessory office use shall occupy a maximum of
10% of the gross floor area of the residence, but in no instance greater
than 750 square feet, shall not be served by an entrance separate
from the household, nor shall the room have separate kitchen or bath
facilities.
(4)Â
There shall be no exterior storage of materials.
(5)Â
There shall be no change to the exterior of buildings
or structures because of the use, and no outside appearance of a business
use, including, but not limited to, parking, storage, or lights.
(6)Â
The use shall not operate any equipment or process
that creates noise, vibration, glare, fumes, odors or electrical or
electronic interference, including interference with telephone, radio
or television reception, detectible by neighboring residence.
(7)Â
The home office use operates solely within the residence,
no outdoor activities permitted; the home office use shall not be
evident from outside of the home.
(8)Â
No merchandise or products shall be offered for sale
upon the residential premises, nor shall there be any window or other
display of any kind.
(9)Â
The use does not require any increased or enhanced
electrical or water supply.
(10)Â
The quantity and type of solid waste disposal
is the same as other residential uses in the zone district.
(11)Â
The capacity and quality of sanitary sewerage
affluent is typical of normal residential use, and creates no potential
or actual detriment to the sanitary sewer system or its components.
(12)Â
Delivery trucks shall be limited to US Postal
Service, United Parcel Service, Federal Express, and other similar
delivery services providing regular services to residential uses in
the zone district.
(13)Â
All vehicle traffic to and from the home office
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
(14)Â
There shall be no signage of any type identifying
the accessory home office usage.
C.Â
Prohibited uses. Those uses, such as but not limited
to the following, which by the nature of the investment or operation,
have a pronounced tendency once commended, to rapidly increase and
escalate beyond the limits permitted and beyond the impacts to be
reasonably anticipated from residential purposes and are more suited
to professional, business, or agricultural districts and therefore
are prohibited:
(1)Â
Retail merchandising.
(2)Â
Boarding and breeding kennels for dogs and cats.
(3)Â
The raising of livestock for market.
(4)Â
Medical or dental clinics.
(5)Â
Funeral homes.
(6)Â
Auto repair for other than a resident, the painting
of vehicles, trailers and boats of and for a person other than the
residents.
(7)Â
Private schools with organized classes.
(8)Â
Welding or machine shops.
(9)Â
Equipment rental.
(10)Â
Massage parlors.
