a. Existing Zone Lots of Record.
In any residential zone, only a one-family dwelling may be erected on a nonconforming lot of official record at the effective date of this chapter, irrespective of its area or width; provided, however, that no adjacent or adjoining vacant land exists or existed at the time of the effective date of this chapter which would create a conforming lot if all or part of said vacant land were combined with the subject lot. No lot or lots in single ownership hereafter shall be reduced so as to create one (1) or more nonconforming lots.
b. Lot Width.
The minimum lot width shall be measured either at the required front yard setback line or at the front lot line as required for the district in which it is located. In cases of irregularly shaped lots whose sides are not parallel, where the lot width is measured at the required front yard setback line, the minimum street frontage shall not be less than seventy-five (75) percent of the minimum lot width required; provided the lot width measured at the front yard setback line shall be no less than the minimum lot width specified in the zoning schedule for the district in which the lot is contained.
In case of irregularly shaped lots whose sides are not parallel, where the lot width is measured at the front lot line, the width of the lot measured at the required front yard setback line shall not be less than eighty-five (85) percent of the required lot width measured at the front lot line.
c. Corner Lots and Sight Triangles.
At all street intersections, no obstruction exceeding thirty (30) inches in height above the established grade of the street at the property line, other than an existing building, post, column, hedge or tree, shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot line twenty-five (25) feet distant from their intersection.
d. Through Lots.
A.through lot shall be considered as having two (2) street frontages, both of which shall be subject to the required front yard requirements of the Zoning Schedule of this chapter.
e. Required Area or Space Cannot be Reduced.
The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter; and if already existing as less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
f. Frontage Upon a Street.
(1) Every lot or parcel created by subdivision and every principal building built upon a lot shall provide frontage upon an improved and approved street in accordance with the street standards established by the Village.
(2) Any property which contains access to one (1) or more approved and improved streets at its property line but does not contain sufficient street frontage as required herein shall not be construed to be landlocked. Where such conditions do exist or are created by virtue of a subdivision, no building permit or occupancy permit shall be granted unless and until said property contains the required amount of street frontage as required herein.
(3) This provision is not to be construed to provide any building or zone lot which contains less street frontage than required herein or to create a building or zone lot, with an existing structure or structures located thereon, with less street frontage than as required.
For any zone lot which is located in more than one (1) zone district, which districts differ in character by permitting residential, commercial, office or industrial uses, all yard, bulk and other requirements shall be measured form the zone boundary line and not the true lot line.
h. Nonconforming Lots Existing as of October 22, 1968.
Any nonconforming lot existing on or before October 22, 1968, for use as a single family dwelling, may have a building permit issued without an appeal for a variance, provided the new structure or addition does not violate the building coverage requirements, any height or setback requirements and the parking requirements, as are forth in this zoning ordinance.
**Webmasters Note: The previous subsection 96-5.1(h) has been added as per Ordinance No. 05-07.
a. General Application.
No building or structure shall have a greater number of stories or greater number of feet than are permitted in the district where such building is located.
All rooftop appurtenances shall be appropriately screened from all adjoining properties with architectural screening, the material, color and composition of which shall be approved by the Planning Board.
b. Permitted Exceptions.
Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas and domes, monuments, chimneys, flagpoles, fire towers, water towers or to necessary mechanical appurtenances or to parapet walls, except that no parapet wall may extend more than four (4') feet above the limiting height.
There shall be no limitation on building height in the OP-1 Zone District.
There shall be no limitation on building height in the OP-2 Zone District.
e. Height of a Principal Structure which Exceeds the Maximum Building Height in the Zone District.
The height of any principal structure that exceeds the maximum building height within the zone district in which it is located by ten (10 ) feet or ten (10%) percent of the maximum height shall constitute a d(6) variance under NJS 40:55D-70. Under these conditions, the Board of Adjustment shall have exclusive jurisdiction over the application.
**Webmasters Note: The previous section 96-5.2 has been amended as per Ordinance No. 05- 07.
a. General.
1. Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, doorposts, rainwater leaders and other similar ornamental or structural fixtures which may not project more than six (6") inches into such yards.
2. Cornices, canopies, eaves, bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys and other similar architectural features may project a distance not to exceed two (2) feet.
3. Patios may be located in any side or rear yard, provided that they are not closer than five (5) feet to any property line.
4. Chimneys and flues may be erected within any yard, provided they do not exceed ten (10) square feet in aggregate external area.
5. Self-supporting walls and fences may project into any required yard, provided that any accessory retaining wall or fence is not higher than six (6) feet in height and shall not obstruct automobile vision. The requirements of Section 96-5.1c shall also apply where applicable. In commercial and industrial districts, fences may be ten (10) feet high subject to Section 96-5.1.c.
b. Front Yard Requirements Affected by the Official Map.
Where any lot shall front on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Village, the front yard and the front or side yard of a corner lot in such district shall be measured from such proposed right-of-way line.
c. Side Yard Exceptions.
Any corner lot delineated by subdivision after the adoption of this Chapter shall provide a side street setback line which shall not be less than the minimum front yard required on any adjoining lot fronting on a side street, as provided in the schedule identified in Section 96-4.
The maximum lot coverage for any lot shall not be greater than is permitted in the district where such buildings and structures are located and shall include all porches, decks, chimneys, extensions and accessory buildings.
The maximum improved lot coverage shall not exceed the percentage indicated in the Schedule of District Area, Yard and Bulk Requirements herein for each zone district designated.
The maximum floor area ratio for the Office Park Zone OP-1, shall be 2.5, except that the floor area ratio may be increased in accordance with the appropriate schedule provided that no other violations of this chapter are created in the process. The maximum floor area ratio for the Office Park Zone, OP-2, shall be 2.5.
There shall be no more than one (1) principal building on each zone lot in any district, except as may be permitted for townhouses, apartments and in the OP-1 and OP-2 zone districts, and industrial/office complexes, when permitted in accordance with an approved site plan.
(1) Within the R-1, R-2, R-3 and R-4 zones, single-family and two-family residences, where established as a principal permitted use, shall maintain a maximum improved lot coverage within the required front yard setback area of no greater than forty (40) percent. No off-street parking within the required front yard shall exceed this standard.
(2) Within the R-1, R-2, R-3 and R-4 zones, single-family and two-family residences, where established as a principal permitted use, on any lot, which the majority of the front yard setbacks along a given street in the same block is greater than the minimum setback required by this Ordinance, the minimum front yard setback shall be increased to be equal to the average of the existing front yard setbacks fronting the same side of the street as the new building will front.
The minimum setback for the side of the building on a corner lot or a lot fronting more than two (2) streets shall be equal to the minimum front yard requirements of this zoning ordinance.
(3) Height Regulations in the R- 1, R-2, R-3, C-2 and C-3 Zones for Single Family, Two Family and Four Family Houses.
(a) The permitted building height is limited to 28 feet. The maximum permitted height from the finished first floor to the grade plane shall be limited to the existing grade plane.
(b) The maximum permitted height from the roof eave to the grade plane shall be limited to 21 feet above the existing grade plane.
(c) All measurements for purposes of height shall be to the peak of the proposed roof. All roofs shall have a minimum pitch of four inches vertical distance for each 12 inches of horizontal distance.
(4) Coverage Regulations in the R- 1, R-2, R-3, C-2 and C-3 Zones for One Family, Two Family Houses.
(a) The maximum permitted building coverage for . One- Family and Two Family Houses is 2500 square feet.
(b) The maximum permitted Impervious Surface coverage for One Family and Two Family Houses is 5000 square feet.
**Webmasters Note: The previous subsections (3) & (4) has been added as per Ordinance No. 05-12
a. Maximum Height in the OP-1 Zone
b. Area, Yard, and Bulk Regulations
1. The minimum lot size shall be two (2) acres, with an average lot size of three (3) acres, throughout the district
2. The floor area ratio shall not exceed two and five tenths (2.5), except the floor area ratio may be increased in accordance with the following schedule, provided that no other violations of this chapter are created in the process: For each one thousand (1,000) square feet of lot area that is landscaped, as approved on the site plan, an additional one thousand (1,000) square feet of gross floor area may be added to the building; for each lot that is larger than three (3) acres, the floor area ratio may be increased five-hundredths (0.05) of each multiple of forty thousand (40,000) square feet of lot area (fractional lot area are not permitted).
The floor area ratio shall not be increased by more than five-tenths (0.5) to a maximum of four and zero-tenths (4.0) through the application of these exceptions.
3. No structure shall be closer to any street right-of-way line or to any property line than thirty (30) feet for buildings not in excess of one hundred fifty (150) feet in height. For buildings in excess of one hundred fifty (150) feet, the setback requirement shall be increased by one (1) foot for each additional foot of building height.
4. The maximum building coverage shall be as follows:
5. The maximum impervious lot coverage (building plus paving plus parking lots and parking garages and other impervious surfaces) shall not exceed seventy-five (75%) percent. The remaining twenty-five (25) percent shall be landscaping.
c. Minimum Off-Street Parking
1. Offices: one (1) space per two hundred fifty (250) square feet of gross floor area.
2. Hotels and Extended Stay facilities: one (1) space per room plus one (1) space per employee on the maximum shift.
3. Utilities: one (1) space per one thousand five hundred (1,500) square feet of gross floor area.
4. Restaurants: one (1) space for every three (3) seats. 5. Research facilities and pilot plants: one (1) space for each one thousand (1,000) square feet of gross floor area, but not less than one (1) space per employee.
6. Meeting rooms in convention centers: one (1) space for each ten.(10) seats.
7. Where an overall complex is developed consisting of a variety of uses, shared parking may be allowed, subject to Planning Board approval, provided that there is no significant simultaneous use; the total amount provide for users sharing parking is to be calculated upon the use with the most restrictive requirements.
8. Theaters: one (1) space per four (4) seats.
9. In addition to the above, each use shall provide one (1) space for each vehicle owned or stored by the use.
10. Minimum off-street loading: same as the I-1 District.
**Webmasters Note: The previous section 96-5.9 has been amended as per Ordinance No. 05- 07.
Area, Yard, and Bulk Requirements for the OP-2 Office Park Zone District
A. Minimum Lot Area
The minimum lot area shall be two (2) acres, with an average lot size of three (3) acres.
B. Minimum Lot Width
There shall be no minim um lot width requirement within the OP-2 zone.
C. Minimum- Lot Depth
The minimum lot depth requirement within the OP-2 zone shall be three hundred (300) feet.
D. Maximum Building Coverage
The maximum building coverage for any development in the OP-2 zone shall not exceed thirty-five (35) percent.
E. Maximum Impervious Lot Coverage
The maximum impervious lot coverage shall not exceed seventy-five (75) percent of the total lot area. The remaining land which does not constitute impervious lot coverage, minimally twenty-five (25) percent or more of the site shall be landscaped and contain open space areas.
F. Setbacks Between Buildings
A.minimum building setback of one hundred (100) feet between buildings shall be provided.
H. Maximum Floor Area Ratio
The floor area ratio shall not exceed two and five-tenths (2.5).
I. Front Yard Requirement
No building or structure shall be closer to any public street right-of-way line or to any property line than thirty (30) feet for buildings and structures not in excess of one hundred fifty (150) feet in height. For buildings in excess of one hundred fifty (150) feet, the setback requirement shall be increased by one (1) foot for each additional five (5) feet of building height.
J. Side Yard Requirements
No building or structure shall be located closer to any side yard lot line than thirty (30) feet for buildings and structures not in excess of one hundred and fifty (150) feet in height. For buildings and structures in excess of one hundred and fifty (150) feet, the setback requirement shall be increased by one (1) foot for each additional five (5) feet of building height.
K. Rear Yard Requirements
No building or structure shall be located closer to any rear yard lot line than thirty (30) feet for buildings and structures not in excess of one hundred and fifty (150) feet in height. For buildings and structures in excess of one hundred and fifty (150) feet, the setback requirements will be increased by one (1) foot for each additional five (5) feet of building height.
L. Minimum Off-Street Parking
1. Offices: one (1) space per two hundred fifty (250) square feet of gross floor space.
2. Hotels and Extended Stay Facilities: one (1) space per room, plus one (1) space per employee on the maximum shift.
3. Utilities: one (1) space per one thousand five hundred (1,500) square feet of gross floor area.
4. Restaurants: one (1) space for every three (3) seats. 5. Professional Health Care: one (1) space per one hundred fifty (150) square feet of gross floor area.
6. Meeting rooms in conference centers: one (1) space for each ten (10) seats.
7. Theaters: one (1) space per four (4) seats.
8. Indoor Recreation Facilities Including Gyms and Spas: one (1) space per two hundred (200) square feet of gross floor area.
9. Where an overall complex is developed consisting of a variety of uses, shared parking may be allowed, subject to Planning Board approval, provided there is no significant simultaneous use; the total amount provided for users sharing parking is to be calculated upon the use with the most restrictive requirements.
M. Minimum Off-Street Loading
Same as OP-1 Zone.
N. Sign Regulation
All buildings may have one (1) lighted or unlighted sign, freestanding or attached to the building, but not to exceed thirty (30) square feet in area. Any freestanding sign shall be set back a minimum of twenty (20) feet from the front line and be no higher than twenty five (25) feet at its highest point. No sign on a building shall be higher than the roofline of the building.
O. Building Setback to Internal Road
Building setbacks to internal roads shall be set back a minimum distance of ten (10) feet from all internal roadways. This provision does not apply when a structure extends over any public or private internal roadway.
**Webmasters Note: The previous section 96-5.10 has been amended as per Ordinance No. 05- 07.
