A. Official Zoning Map.
1. The locations and boundaries of the zone districts of the Township are hereby established as shown on the Zoning Map of the Township of Middletown, New Jersey which is hereby made a part of this Ordinance, together with all notations, references and designations shown thereon and amended.
2. Authentication of Official Zoning Map. Subsequent to the adoption of this Chapter and any revisions to the Zoning Map and Schedule of Area, Yard and Building Requirements, three (3) copies of the Zoning Map shall be authenticated by the Mayor's signature, and the seal of the municipality, attested by the Township Clerk, under the following certificate:
"I certify that this is the Official Zoning Map of the Township of Middletown, New Jersey, referred to in Chapter 16 of the Code of the Township of Middletown, New Jersey."
3. Maintenance of the Official Zoning Map. Authenticated copies of the Official Zoning Map shall be maintained in the office of the Township Clerk and Zoning Officer and shall be made available for public reference. Copies of all or a part of the Official Zoning Map may be produced for public distribution. One (1) authenticated copy shall be forwarded to the Monmouth County Planning Board in accordance with Section 16-313 and N.J.S.A. 40:55D-16. However, the original copy of the Official Zoning Map maintained in the office of the Township Clerk shall be the final authority as to the current status of zoning districts in the Township of Middletown.
4. Revision to the Official Zoning Map. [Ord. No. 2001-2664; Ord. No. 2002-2673; Ord. No. 2003-2710; Ord. No. 2003-2723; Ord. No. 2004-2753; Ord. No. 2004-2754; Ord. No. 2004-2755; Ord. No. 2004-2760; Ord. No. 2004-2772; Ord. No. 2004-2793; Ord. No. 2005-2802; Ord. No. 2005-2810; Ord. No. 2005-2823; Ord. No. 2005-2824; Ord. No. 2005-2830; Ord. No. 2007-2900; Ord. No. 2007-2916; Ord. No. 2009-2979; Ord. No. 2009-2992; Ord. No. 2010-2999; Ord. No. 2011-3046 § 3 and Exhibit A]
a. When, in accordance with the provisions of this Ordinance and of State Law, revisions are made in district boundaries or other matters portrayed in the Zoning Map, such changes will not become effective until the Zoning Map has been amended, with an entry bearing the date of adoption, ordinance number, a brief description of the change(s) and the name of the person responsible for the Zoning Map change.
b. Each revision shall be authenticated by the Mayor and attested by the Township Clerk in accordance with Section 16-901.A.2. Each ordinance amending the Official Zoning Map in any manner shall include the provision that it shall not take effect until the Official Zoning Map has been amended in accordance with these provisions.
c. No changes of any nature shall be made to the Official Zoning Map except in conformity with the above procedure. Any unauthorized changes to the Map or its contents by any person or persons shall be considered a violation of this Chapter.
5. Areas of Special Flood Hazard. [Ord. No. 2009-2989 § 2]
a. Pursuant to N.J.S.A. 40:55D-65e and 40:48-1, et seq., the following lands are hereby designated as areas of special flood hazard within the Township of Middletown for the purpose of administering and applying the development regulations and procedures of Section 16-940 of this Chapter.
(1) The areas of special flood hazard for the Township of Middletown, Community No. 340313, are identified and defined on the following documents prepared by the Federal Emergency Management Agency:
(a) A scientific and engineering report "Flood Insurance Study, Monmouth County, New Jersey (All Jurisdictions)" whose effective date is September 25, 2009.
(b) Flood Insurance Rate Map for Monmouth County, New Jersey (All Jurisdictions) as shown on Index and panel(s) 34025C0034F, 34025C0042F, 34025C0044F, 34025C0055F, 34025C0061F, 34025C0062F, 34025C0063F, 34025C0064F, 34025C0066F, 34025C0067F, 34025C0068F, 34025C0069F, 34025C0086F, 34025C0088F, 34025C0157F, 34025C0159F, 34025C0176F, 34025C0177F, 34025C0178F, 34025C0179F, 34025C0181F, whose effective date is September 25, 2009.
(c) As provided under the NJDEP Flood Hazard Area Control Rules, Advisory Base Flood Elevations and Advisory Flood Hazard Maps dated December 12, 2012 shall be utilized. These documents shall take precedence over previous panels and FIS in construction and development regulations only. Where the Special Flood Hazard Area (SFHA) and the Advisory Flood Hazard Area (AFHA) maps conflict or overlap, whichever imposes the more stringent requirement shall prevail. [Ord. No. 2013-3082 § 3]
The above documents are hereby adopted and declared to be a part of this ordinance. The Flood Insurance Study and maps are on file at Middletown Municipal Building, 1 Kings Highway, Middletown, New Jersey, 07748.
(2) The Master Drainage Plan of Middletown Township, Volumes I thru VII, by T&M Associates, as amended and supplemented, is hereby adopted by reference and made a part of this Ordinance.
(3) In cases where there are conflicts between the two (2) maps, the more stringent shall apply.
(4) Interpretation of FIRM Boundaries. The Administrative Officer (Construction Official) shall make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards (for example, where there appears to be a conflict between a mapped boundary and actual field conditions). The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 16-527.M and N. [Ord. No. 2013-1382 § 3]
B. Interpretation of District Boundaries.
1. Zone district boundaries are intended to follow streets, lots or property lines, or other natural lines such as the centerline of watercourses, ditches or lagoons, unless such district or zone boundaries are fixed by dimension on the Zoning Map or by description, and shall include contiguous riparian lands subsequently acquired and/or filled, and lands acquired by the accretion or stream diversion by natural causes.
2. In constructing the Official Zoning Map, the following rules shall apply:
a. Boundaries indicated as following the centerlines of streets, highways or alleys or streams, rivers or other bodies of water shall be construed to follow such centerlines.
b. Boundaries indicated as approximately following plotted lot lines shall be construed as following such lot lines.
c. Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.
d. Boundaries indicated as parallel to or extensions of features indicated in subsection B.2a. through c. above, shall be so construed. Distances not specifically indicated on the Official Zoning Map shall be determined by the use of the scale appearing thereon.
e. Where a zone boundary fixed by dimensions approximately follows and is not more than twenty (20') feet distant from a lot line, such lot line shall be construed to be the zone boundary.
A. The Township of Middletown is hereby divided into the following zoning districts.
R-220 Rural Estate Residence Zone
R-130 Rural Estate Residence Zone
R-110 Rural Estate Residence Zone
R-90 Low Density, Single-Family Residence Zone
R-45 Low Density, Single-Family Residence Zone
R-45A Medium/Low Density, Single-Family Residence Zone
R-30 Medium Density, Single-Family Residence Zone
R-22 Medium Density, Single-Family Residence Zone
R-22A Medium Density, Single-Family Residence Zone
R-15 Medium Density, Single-Family Residence Zone
R-10 Medium Density, Single-Family Residence Zone
RTF Two-Family Residence Zone
R-7 High Density, Single-Family Residence Zone
R-5 High Density, Single-Family Residence Zone
RR Rural Residential Zone [Ord. No. 2011-3046 § 4]
R-O Residence and Office Zone
B-1 Business Zone
B-1A Business Zone
B-2 Business Zone
B-3 Business Zone
B/P Business/Park Zone
M-1 Light Industrial Zone
MC Marine Commercial Zone
R-1 Planned Adult Community Zone
R-2 Planned Adult Community Zone
R-3 Age-Restricted Active Adult Zone
RTH Multi-Family Townhouse Residential Zone
RTH-1 Multi-Family Townhouse Residential Zone
RTH-2 Multi-Family Townhouse Residential Zone
RTH-3 Multi-Family Townhouse Residential Zone
RTH-4 Multi-Family Townhouse Residential Zone [Ord. No. 2004-2753]
RTH-5 Multi-Family Townhouse Residential Zone [Ord. No. 2004-2755]
RTH-6 Multi-Family Townhouse Residential Zone [Ord. No. 2004-2772]
RTH-7 Multi-Family Townhouse Residential Zone [Ord. No. 2005-2825]
RTH-8 Multi-Family Townhouse Residential Zone [Ord. No. 2005-2825]
RTH-9 Multi-Family Townhouse Residential Zone [Ord. No. 2005-2825]
RGA Multi-Family Garden Apartment Residential Zone
RGA-1 Multi-Family Garden Apartment Residential Zone
RGA-2 Multi-Family Garden Apartment Residential Zone
RGA-3 Multi-Family Garden Apartment Residential Zone
RGA-4 Multi-Family Garden Apartment Residential Zone [Ord. No. 2004-2754]
RHA Multi-Family Mid-Rise Apartment Residential Zone
RHA-1 Multi-Family Mid-Rise Apartment Residential Zone
RMF-1 Residential Multi-Family Zone [Ord. No. 2009-2979]
RMF-2 Residential Multi-Family Zone [Ord. No. 2009-2979]
RMF-3 Residential Multi-Family Zone [Ord. No. 2009-2992]
RMF-4 Residential Multi-Family Zone [Ord. No. 2009-2992]
RMF-5 Residential Multi-Family Zone [Ord. No. 2009-2992]
OR Office Research Zone
OR-1 Office Research Zone
OR-2 Office Research Zone
OR-3 Office Research Zone [Ord. No. 96-2441]
FH Areas of Special Flood Hazard
PD Planned Development Zone [Ord. No. 2009-2979]
PRH Public Recreation and Housing Zone [Ord. No. 2005-2825]
B. The listing of permitted uses, conditional uses, accessory uses and prohibited uses is hereby established as shown on the "Schedule of Permitted Uses" which is attached to this Ordinance and is hereby made a part of this Ordinance. Any use which is not specifically designated as a permitted use, an accessory use, or a conditional use shall be deemed a prohibited use. This provision shall be construed as protective of the zoning scheme and any doubt shall be resolved in interpreting the doubtful use as prohibited. [Ord. No. 2002-2673; Ord. No. 2002-2705; Ord. No. 2003-2723; Ord. No. 2003-2735; Ord. No. 2004-2793; Ord. No. 2004-2801; Ord. No. 2005-2815; Ord. No. 2007-2916; Ord. No. 2009-2979; Ord. No. 2009-2992; Ord. No. 2010-2999; Ord. No. 2011-3029 § 4; Ord. No. 2011-3046 § 5; Ord. No. 2012-3071 § 1; Ord. No. 2013-3095 § 4]
C. The "Schedule of Area, Yard and Building Requirements - Single-Family, Business and Industrial Zones" and the "Schedule of Area, Yard and Building Requirements- Multi-Family Residential Zones" which are attached to this Ordinance and are hereby made a part of this Ordinance are intended to be a reference and supplemental to the regulations set forth in this Chapter. In cases where a conflict exists between the reference schedules and the regulations herein specified, the regulations shall apply. [Ord. No. 2000-2589; Ord. No. 2000-2605; Ord. No. 2002-2673; Ord. No. 2003-2723; Ord. No. 2004-2793; Ord. No. 2009-2979; Ord. No. 2009-2992; Ord. No. 2011-3026 § 6; Ord. No. 2012-3073 § 3]
D. The regulations set forth in this Chapter for each district shall be the minimum standards and shall apply uniformly to each class of structure or land within the district, except as hereafter provided.
E. No building shall hereafter be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building or portion of a building to be used, designed, or arranged to be used for any purpose unless in conformity with all of the regulations herein specified for the district in which it is located.
F. Every main building shall be located on a lot as defined in this Chapter. Except for planned development groups complying with all the regulations applying thereto as prescribed by this Chapter, no more than one (1) single- or two-family dwelling building and its accessory buildings shall hereafter be erected on any one (1) lot.
G. 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 the minimum requirements established by this Chapter.
H. For the purpose of this Article, uses and structure in each district shall conform to the standards of Sections 16-606.B, fifty (50') foot buffer widths; 16-612.E, driveway setbacks, except for driveways located on lots less than seven thousand five hundred (7,500) square feet and excluding approved shared driveway arrangements; 16-616, Fences and Hedges; 16-619.B.2, Garage Sizes; 16-624.K, Minimum Circle Diameter, 16-627, Off-Street Parking; 16-635, Signs; and 16-641.D.8, street, road or right-of-way setbacks, excluding approved shared access arrangements; which standards shall apply uniformly to each class of structure or land within the district. Development applications not conforming to the aforementioned sections shall require a variance or variances pursuant to the Municipal Land Use Law at N.J.S.A. 40:55D-70.c(1)(2). [Ord. No. 2005-2825; Ord. No. 2007-2900 § 3; Ord. No. 2007-2916 § 6]
I. The method of calculating lot coverage for all parcels created, subdivided, merged or established after the effective date of this Ordinance shall be based upon the contiguous buildable lot area and not the gross tract area. The method of calculating lot coverage for existing isolated lot, lawfully existing prior to the effective date of this Ordinance shall be based upon the gross tract area and not the buildable lot area.
J. Any lot existing at the time of the adoption of this Ordinance which was undersized, and which was included in a zone which changed to require a larger minimum lot size than the previous zone standard shall be required to conform only to the standards that were applicable prior to the adoption of this Ordinance.
A. Minimum Standards.
1. Lot Area:
a. Gross Lot Area: 220,000 square feet.
b. Buildable Lot Area: 2.5 acres.
2. Building Setbacks: [Ord. No. 2006-2879 § 3]
3. Lot Frontage: 325 feet.
4. Gross Floor Area: 3,000 square feet.
5. First Floor Area: 2,000 square feet.
B. Maximum Regulations. [Ord. No. 2006-2879 § 7]
a. Buildings: 5%.
b. Total: 10%.
3. Floor Area Ratio*: 6%.
4. Gross Floor Area of all Structures*: 20,000 square feet.
5. Building Height: 2 1/2 stories; 35 feet.
NOTES:
* Where the maximum Gross Floor Area permitted exceeds the permitted Floor Area Ratio, the Floor Area Ratio shall govern.
C. Other Regulations.
1. Accessory dwellings shall be permitted for the purpose of providing residences for domestic employees and/or farmworkers. One (1) such dwelling shall be permitted for each one hundred thousand (100,000) square feet of lot area, up to a maximum of three (3) accessory dwellings. Such units shall not be sold or rented to or occupied by any person other than the domestic employee and/or farm-workers and his or her family. No more than one (1) such unit may be attached to or within the principal dwelling. A deed restriction shall be recorded limiting the use of such accessory dwellings to domestic employees and/or farmworkers only. [Ord. No. 2006-2879 § 6]
2. Temporary construction trailers shall be permitted where active construction work is proposed. Such trailers shall not be placed on site until building permits have been issued and in no case more than seven (7) days prior to the commencement of work. Trailers shall not remain on site more than seven (7) days after completion of all work. Temporary construction trailers shall not be placed within the right-of-way of any improved public road.
