No use or occupancy of any building, structure
or land shall hereafter be changed to a different use or occupancy
and no building or structure or part thereof shall hereafter be erected,
constructed, reconstructed, moved or structurally altered, unless
in conformity with all of the regulations herein specified for the
district in which it is located, except as hereinafter provided.
A.
No building or other structure shall hereafter be
erected or altered to exceed the height, to accommodate or house a
greater number of families, to occupy a greater percentage of lot
area, or to have a narrower or smaller rear yard, front yard, side
yard or other open spaces than are herein provided, or in any other
manner contrary to the provisions of this chapter, except as hereinafter
provided.
B.
Contiguous lots. If two or more lots or combinations
of lots or portions of lots with contiguous frontage in single ownership
are of record at the time of passage or amendment of this chapter,
and if all or part of the lots do not meet the requirements for lot
width and area as established by this chapter, the lands involved
shall be considered to be an undivided parcel for the purpose of this
chapter, and no portion of said parcel shall be used or sold which
does not meet lot width and area requirements established by this
chapter, nor shall any division of the parcel be made which leaves
remaining any lot with width or area less than the requirements stated
in this chapter.
C.
Corner lots. Building setback lines for a corner lot
shall be the same as required on the adjoining lot along either block.
D.
Existing lots.
[Amended 4-7-2022 by Ord. No. 22-03
(2)
Single-family residential development of certain preexisting undeveloped
lots in A-Agricultural Districts.
(a)
Any lawfully created vacant undeveloped lot in an A District
that was in existence in its current configuration on November 1,
2007 (the date of adoption of Ordinance No. 07-14), and which is at
least 60,000 square feet in size, shall be subject to the following
requirements for minimum lot width, lot depth, yard dimensions, maximum
height, and maximum building and impervious materials coverage that
were in effect for such lot immediately prior to the adoption of the
aforesaid ordinance if such lot is proposed for single-family residential
development and use:
(b)
The purpose of this Subsection D(2) is to permit the construction and use of single-family residential dwellings and lawful residential accessory structures on lawfully created preexisting isolated undeveloped A District lots of at least 60,000 square feet without the need for variances or other approvals from the Mannington Township Planning Board, as long as such proposed single-family development and use complies with the above requirements.
(3)
Single-family residential development of certain preexisting undeveloped
lots in CR-Conditional Residential Districts.
(a)
Any lawfully created vacant undeveloped lot in a CR District
that was in existence in its current configuration on November 1,
2007 (the date of adoption of Ordinance No. 07-14), and which is at
least 60,000 square feet in size, shall be subject to the following
requirements for minimum lot width, lot depth, yard dimensions, maximum
principal structure height, and maximum building coverage that were
in effect for such lot immediately prior to the adoption of the aforesaid
ordinance, and the following more tolerant requirements that were
established by Ordinance No. 07-14 for CR District maximum accessory
structure height and maximum impervious materials coverage, if such
lot is proposed for single-family residential development and use:
(b)
The purpose of this Subsection D(3) is to permit the construction and use of single-family residential dwellings and lawful residential accessory structures on lawfully created preexisting isolated undeveloped CR District lots of at least 60,000 square feet without the need for variances or other approvals from the Mannington Township Planning Board, as long as such proposed single-family development and use complies with the above requirements.
(4)
Single-family residential development of certain preexisting undeveloped
lots in RR-Rural Residential Districts.
(a)
Any lawfully created vacant undeveloped lot in an RR District
that was in existence in its current configuration on November 1,
2007 (the date of adoption of Ordinance No. 07-14), and which is at
least two acres in size, shall be subject to the following requirements
for minimum lot width, lot depth, yard dimensions, maximum principal
structure height, and maximum building coverage that were in effect
for such lot immediately prior to the adoption of the aforesaid ordinance;
the following more tolerant requirements that were established by
Ordinance No. 07-14 for RR District maximum accessory structure height
and maximum impervious materials lot coverage; and the following more
tolerant requirement that was enacted in Ordinance No. 16-06, adopted
October 6, 2016, for RR District minimum accessory side yard dimensions,
if such lot is proposed for single-family residential development
and use:
[1]
Minimum lot width: 200 feet.
[2]
Minimum lot depth: 200 feet.
[3]
Minimum yard dimensions:
[4]
Maximum height (principal uses and structures): 35 feet.
[5]
Maximum height (accessory uses and structures): 45 feet.
[6]
Maximum lot coverage (buildings): 10%.
[7]
Maximum lot coverage (impervious materials): 15%.
(b)
The purpose of this Subsection D(4) is to permit the construction and use of single-family residential dwellings and lawful residential accessory structures on lawfully created preexisting isolated undeveloped RR District lots of at least two acres without the need for variances or other approvals from the Mannington Township Planning Board, as long as such proposed single-family development and use complies with the above requirements.
(5)
Further single-family residential development of certain developed
single-family residential lots in A-Agricultural Districts.
(a)
Any lawfully created lot in an A District that existed in its
current configuration on April 7, 2022 (the date of adoption of Ordinance
No. 22-03), and on which existed, as of such date, a lawfully constructed
single-family residential dwelling, shall not be subject to any minimum
lot area, lot width, or lot depth requirements in connection with:
any proposed enlargement or other modification of the single-family
residential structure; any enlargement, modification, or replacement
of any existing lawfully constructed or developed accessory structure
or use; or any construction or development of new accessory structures
or uses, provided that any such enlarged, modified, replaced, or new
structure or development must comply with the following minimum yard
dimension requirements, and maximum height and maximum building and
impervious materials coverage requirements, and, further, provided,
that the lot must continue to be used only for lawful single-family
residential purposes:
(b)
This Subsection D(5) shall be applicable only to isolated lots in A Districts that were lawfully created, and lawfully developed and used for single-family residential purposes as of April 7, 2022 (the date of adoption of Ordinance No. 22-03), and which have remained unchanged as to shape, size and dimension, and not subdivided or otherwise reduced, enlarged, or altered since such date. The purpose of this subsection is to permit the enlargement or modification of lawfully existing single-family dwellings, and the construction, development, enlargement, modification, and replacement of lawful residential accessory structures and uses on such isolated A District lots, as long as such structures and uses comply with the aforesaid minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements.
(6)
Further single-family residential development of certain developed
single-family residential lots in CR-Conditional Residential Districts.
(a)
Any lawfully created lot in a CR District that existed in its
current configuration on April 7, 2022 (the date of adoption of Ordinance
No. 22-03), and on which existed, as of such date, a lawfully constructed
single-family residential dwelling, shall not be subject to any minimum
lot area, lot width, or lot depth requirements in connection with:
any proposed enlargement or other modification of the single-family
residential structure; any enlargement, modification, or replacement
of any existing lawfully constructed or developed accessory structure
or use; or any construction or development of new accessory structures
or uses, provided that any such enlarged, modified, replaced, or new
structure or development must comply with the following minimum yard
dimension requirements, and maximum height and maximum building and
impervious materials coverage requirements, and; further, provided,
that the lot must continue to be used only for lawful single-family
residential purposes:
(b)
This Subsection D(6) shall be applicable only to isolated lots in CR Districts that were lawfully created, and lawfully developed and used for single-family residential purposes as of April 7, 2022 (the date of adoption of Ordinance No. 22-03), and which have remained unchanged as to shape, size and dimension, and not subdivided or otherwise reduced, enlarged, or altered since such date. The purpose of this subsection is to permit the enlargement or modification of lawfully existing single-family dwellings, and the construction, development, enlargement, modification, and replacement of lawful residential accessory structures and uses on such isolated CR District lots, as long as such structures and uses comply with the aforesaid minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements.
(7)
Further single-family residential development of certain developed
single-family residential lots in RR-Rural Residential Districts.
(a)
Any lawfully created lot in an RR District that existed in its
current configuration on April 7, 2022 (the date of adoption of Ordinance
No. 22-03), and on which existed, as of such date, a lawfully constructed
single-family residential dwelling, shall not be subject to any minimum
lot area, lot width, or lot depth requirements in connection with:
any proposed enlargement or other modification of the single-family
residential structure; any enlargement, modification, or replacement
of any existing lawfully constructed or developed accessory structure
or use; or any construction or development of new accessory structures
or uses, provided that any such enlarged, modified, replaced, or new
structure or development must comply with the following minimum yard
dimension requirements, and maximum height and maximum building and
impervious materials coverage requirements, and; further, provided,
that the lot must continue to be used only for lawful single-family
residential purposes:
(b)
This Subsection D(7) shall be applicable only to isolated lots in RR Districts that were lawfully created, and lawfully developed and used for single-family residential purposes as of April 7, 2022 (the date of adoption of Ordinance No. 22-03), and which have remained unchanged as to shape, size and dimension, and not subdivided or otherwise reduced, enlarged, or altered since such date. The purpose of this subsection is to permit the enlargement or modification of lawfully existing single-family dwellings, and the construction, development, enlargement, modification, and replacement of lawful residential accessory structures and uses on such isolated RR District lots, as long as such structures and uses comply with the aforesaid minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements.
E.
Front yard requirement modifications:
(1)
Where a lot has frontage upon a county road proposed
for right-of-way widening on the Master Plan or Official Map of the
County of Salem, the required front yard depth shall be measured from
and parallel to the proposed right-of-way line measured at right angle
unless the existing street line is a greater distance from the road
center line.
(2)
Where a lot has frontage on any road with the street
line at less than 25 feet measured at right angle from the center
line, the required front yard depth shall be measured from a line
parallel to and at that distance from the center line.
F.
Irregularly shaped lots. In the case of irregularly
shaped lots on cul-de-sac or curved street sections, the minimum lot
width specified in the Schedule[1] shall be measured at the building setback, provided that
in no case shall the distance between side lot lines at the street
line be reduced to less than 75% of the minimum lot width requirement.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
G.
Overlapping required space. No part of a yard, or
other open space, or off-street parking or loading space required
about or in connection with any buildings for the purpose of complying
with this chapter shall be included as part of a yard, open space
or off-street parking or loading place similarly required for any
other building.
H.
Yard reduction. No yard or lot existing at the time
of passage of this chapter shall be reduced in size 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 as established by this chapter.
I.
Uniformity. Within each district, the regulations
set by this chapter shall be minimum regulations and shall apply uniformly
to each class or kind of structure or land.
J.
Public street frontage. Every principal building shall
be built upon a lot having sufficient frontage on a public street
as defined in this chapter.
K.
Height exceptions. All buildings and structures shall
be subject to height limitations specified in the Schedule of District
Regulations except spires, belfries, silos, domes, cupolas, scenery
lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses,
water tanks, towers, antennas, skylights, bulkheads, and similar decorative
features and necessary mechanical appurtenances usually carved above
roof level provided that the following requirements are met:
(1)
The total horizontal area covered by such features
shall not exceed 20% of the area covered by the principal building.
Agriculture buildings shall not be subject to the horizontal area.
(2)
The excess height of any structure shall not be greater
than the shortest distance from such structure to any required yard
nor shall the total height exceed twice the building height limitation
in the district in which it is located.
(3)
The foregoing does not pertain to transmission towers
and associated right-of-way widths which are to be determined by standards
in the National Electric Safety Code.
L.
Projections. Building projections, including bays,
chimneys, cornices and gutters, may extend into required yard areas
for a distance not to exceed five feet and shall not be located within
10 feet of any property line.
M.
Minimum gross habitable floor area. The minimum gross
habitable floor area specified in the building standards of the Schedule
shall be observed in all new construction and maintained in all existing
dwelling units. These standards are minimums based upon general welfare
and public health consideration and vary based upon the number of
bedrooms which indicate the approximate number of anticipated residents.
N.
No building or other structure shall hereafter be
erected on a lot, nor shall any lot be created, unless that lot has
an average length no greater than 250% of the average width, except
where the width exceeds three times the zoning requirement. These
prohibitions shall not apply, however, to any lot within a subdivision
approved by the Planning Board or Board of Adjustment of the Township
of Mannington prior to April 10, 2004, the effective date of this
subsection, or which was shown as a separate lot on the Mannington
Township Tax Map on April 10, 2004, the effective date of this subsection.
[Added 4-1-2004 by Ord. No. 04-02]
A.
Any nonconforming structure or use lawfully existing
at the time or enactment of this chapter or any subsequent amendment
may be continued with the following limitations:
(1)
A nonconforming use shall terminate upon abandonment
at any time, which shall be presumed when the actual conduct of a
nonconforming use is discontinued for a period of 12 consecutive months
for any reason or is resumed for less than one month within a year.
The structure, premises, or structure and premises in combination,
as the case may be, shall not thereafter be used except in conformance
with the regulations of the district in which it is located.
(2)
A nonconforming use shall not be enlarged, extended,
moved to a different position on the lot, or structurally altered
in a way, except as may be required for normal maintenance or to prevent
damage or injury. A pre-existing, nonconforming use in a structure
may be changed to a use permitted in the district in which it is located.
(3)
A nonconforming structure shall not be enlarged or
altered in a way which increases its nonconformity and shall not be
moved any distance whatever unless it will thereafter conform to the
regulations of the district in which it is located.
(4)
A nonconforming structure or use shall not be reconstructed
except in conformance with this chapter should such structure be destroyed
by any means to an extent of more than 75% of its replacement cost
at the time of destruction.
(5)
Any nonconforming structure or use which is superseded
by a permitted structure or use shall thereafter conform to the regulations
of the district in which it is located and the nonconforming structure
or use shall not be re-instituted.
B.
An application may be made to the Planning/Zoning Board for relief if a nonconforming structure or use is not permitted to be continued based upon the conditions listed in Subsection A of this section if warranted by hardship or special reasons. Such application shall conform to the procedures listed in § 70-22.
