A.
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.
B.
No lot in any zoning district shall have located upon
it more than one principal structure or use, except as otherwise permitted
herein this chapter.
No building or other structure shall hereafter
be erected or altered to exceed the height, to accommodate or house
a greater number of households, to occupy a greater percentage of
lot area or to have a narrower or smaller rear, front, side yard or
other open spaces than are herein provided or in any other manner
contrary to the provisions of this chapter, except as herein provided.
A.
Each lot, whether existing or proposed, and regardless
of zone district or location within the Township, must contain within
its boundaries at least one continuous area that is classified as
upland and not wetlands as defined in this chapter, which continuous
area must comprise no less than 50% of the minimum area required for
such lot, by use, in the applicable zoning district in which such
lot is located; be sufficient in dimension to reasonably accommodate
the sorts of principal and accessory structures and uses that are
permitted in the applicable zoning district in which such lot is located;
and have at least 50 feet of frontage on and direct abutting access
to a street that meets the requirements of N.J.S.A. 40:55D-35. The
Land Use Board may, at its discretion, allow wetlands areas to be
considered in total lot coverage calculations, after determination
that the increased lot coverage using wetlands will have no adverse
environmental, health or safety impact on the community or adjacent
lands.
[Amended 12-8-2009 by Ord. No. 15-2009]
B.
For all lots, regardless of zone district or location
within the Township, 50% of the maximum area required for a lot, by
use, in the applicable zoning district in which it is located, must
be classified as upland and not wetlands as defined herein this chapter.
As an example, if the base district lot size is two acres for a single-family,
detached dwelling and the actual lot size is three acres then 1.5
acres of the lot in question must be classified as uplands.
C.
In the case of planned residential cluster developments as permitted by § 60-97, no wetlands or wetlands transition areas or any areas used for drainage facility basins may be included in the computation of permissible lot density or provisions of required open space.
[Added 12-29-2003 by Ord. No. 13-2003]
[Amended 4-25-2012 by Ord. No. 2-2012]
A.
Any structure or use that is permitted as customarily
subordinate and incidental to, and therefore as accessory to, a permitted
or lawfully existing principal agricultural or horticultural structure
or use on the same lot, or a permitted or lawfully existing principal
single- or two-family residential structure and use on the same lot,
must conform to:
(1)
All
applicable minimum side and rear yard setback requirements as provided
in the Schedule of District Regulations[1] for the zoning district in which the lot is located [unless the height of such accessory structure or use necessitates increased minimum side and/or rear yard setback distances per Subsection A(4) below];
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
(2)
The
applicable minimum front yard setback requirement as provided in the
Schedule of District Regulations for the zoning district in which
the lot is located, or be located no closer than the principal structure
or use to the lot line from which the front yard setback is measured,
whichever setback distance is greater;
(3)
All
applicable maximum lot coverage requirements as provided in the Schedule
of District Regulations for the zoning district in which the lot is
located, provided that such an accessory structure or use shall only
be subject to lot coverage requirements to the extent that it creates
"impervious surface" as defined in this chapter;
(4)
The
applicable maximum height requirement as provided in the Schedule
of District Regulations for the zoning district in which the lot is
located, provided that if the height of any such accessory structure
or use is greater than the applicable minimum required setback distance
from any side or rear lot line as set forth in the Schedule of District
Regulations, then that minimum side or rear yard setback distance
for the accessory structure or use shall be increased to 10 feet or
to equal the height of the accessory structure or use, whichever setback
distance is greater.
B.
No minimum lot area, width, or depth requirement shall
be applicable to any structure or use that is permitted as customarily
subordinate and incidental to, and therefore as accessory to, a permitted
or lawfully existing principal agricultural or horticultural structure
or use on the same lot, or a permitted or lawfully existing principal
single- or two-family residential structure and use on the same lot.
If two or more lots or combinations of lots
or portions of lots with contiguous frontage are in single ownership
of record at the time of adoption 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 purposes of this chapter,
and no portion of said parcel(s) 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(s) be made which leaves remaining
any lot with width or area less than the requirements set forth in
this chapter.
Building setback lines for a corner lot shall
be the same as required on the adjoining lot along either block.
[1]
Editor's Note: Former § 60-61, Existing
lots, was repealed 8-23-2005 by Ord. No. 8-2005.
A.
Where a lot has frontage upon a county road proposed
for right-of-way widening on the adopted 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 width line measured
at a right angle unless the existing street line is a greater distance
from the road center line.
B.
Where a lot has frontage on any road with the street
lien at less than 25 feet measured at a 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.
In the case of irregularly shaped lots on culs-de-sac
or curved street sections, the minimum lot width specified in the
Schedule of District Regulations[1] shall be measured at the building setback line, provided
that in no case shall a distance between side lot lines be reduced
to less than 75% of the minimum lot width requirement at the street
line.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
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
space similarly required for any other building except as otherwise
permitted in this chapter.
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.
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.
[Amended 12-8-2009 by Ord. No. 15-2009]
Each lot must have lot frontage (as defined
in this chapter) along at least one street which conforms to the requirements
of N.J.S.A. 40:55D-35.
A.
All buildings and structures shall be subject to height
limitations specified in the Schedule of District Regulations[1] except spires, belfries, silos, domes, cupolas, scenery
lofts, masts, chimneys, flues, ventilators, elevator penthouses, water
tanks, 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 structure.
Agriculture buildings located on an active farm shall not be subject
to the horizontal area limitation.
(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.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
B.
The foregoing does not pertain to electric power transmission
towers or electrical substation accessory towers or poles directly
adjacent to said electric power transmission towers and associated
rights-of-way which are to be determined by standards in the National
Electric Safety Code.
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.
The following requirements shall apply in all
districts for all uses, existing and new, and shall supplement the
sight triangle easement required during site plan review:
A.
Nothing shall be erected, placed, allowed to grow
in such a manner as to materially impede vision between the height
of 30 inches and 10 feet above the center line grade of the abutting
streets or driveways within the triangular area formed by the intersecting
street and driveway lines and in the case of corner lots, a straight
line joining points located on said line a distance of one foot for
each mile of allowed speed limit from the intersection of the street
lines.
