A. Application of district regulations. This chapter shall apply to the construction, nature and extent of uses of all buildings and structures and to the nature and extent of the uses of land. No building, structure or land or any part thereof shall be used or occupied and no building or structure shall be erected, constructed, reconstructed, moved, repaired, extended, converted, altered, maintained or used unless in conformity with all of the regulations of this chapter specified for the district in which it is located. All regulations set by this chapter within each of the districts shall be minimum regulations and shall apply uniformly to each class or kind of structure or land, and particularly, except as hereinafter provided.

B. Application to Township. Regardless of whether the Township or any duly constituted Township board, agency or department is acting in or pursuant to the performance of a governmental or proprietary function, any municipally owned, operated or controlled building, structure, facility or use, either existing or proposed, shall be permitted in any class of zone as set forth in this chapter, it being the intention of this subsection that whatever the Township may authorize to do shall constitute a function of government and that whenever the Township shall act, pursuant to granted authority, it acts as government and not as a private entrepreneur.

A. No yard or any other open space or off-street parking or loading space required about or in connection with any building or buildings on a lot 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.

B. No existing yard or existing lot shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created hereafter shall meet at least the minimum requirements established by this chapter.

C. Sheds permitted as an accessory use to a residential dwelling shall be located no closer than six feet to the side or rear lot line. [Amended 3-14-2000 by Ord. No. 2000:7]

D. Cornices and eaves may project not to exceed two feet over any required yard or court.

E. Sills, leaders, belt courses and similar ornamental or structural features may project only six inches into any required yard or court. Any open fire balcony, a fire escape or a fire tower may project into a required yard not more than four feet.

F. Ground story and bay windows or balconies may project not more than three feet into a required rear yard or into any required side yard which is over six feet wide. An open porch or entranceway not over one story high may project into any required side yard, provided that it does not come nearer the side lot line than a distance equivalent to 10% of the width of the lot and provided also that no such open porch or entranceway shall be required by this section to be more than 10 feet from a side lot line. An open porch or an entranceway not higher than the first story of a building may project into a required front yard a distance of not more than eight feet. No bay window, balcony, entranceway or stairway constructed under the provisions of this section shall have a width of a greater dimension in excess of three times the distance of its projection. A chimney, smokestack, flue or elevator shaft may project into any required yard or court, provided that the projection does not exceed three feet.

G. The requirements of this section respecting yards and courts shall not apply to any necessary retaining wall or steps. [Amended 3-14-2000 by Ord. No. 2000:7]

H. No building or structure shall be located on a corner lot nearer to a street boundary line than the required front yard as set forth in the schedule in Article VI.

I. Wooden decks attached to a principal dwelling are permitted in all residential districts, provided that the deck does not encroach into the side or rear yard more than 50% of the minimum side or rear yard requirement for principal buildings permitted in the district, but in no event shall a deck be allowed to extend closer than either the minimum setback requirement for accessory structures in the district or six feet, whichever is greater. Wooden decks may cover no more than an additional four percent of the lot over and above what is otherwise permitted in the district. Wooden decks constructed in the R-4 District may extend to the permitted minimum side and rear yard for accessory structures. [Added 3-14-2000 by Ord. No. 2000:7]

J. Except as otherwise regulated in this chapter, wooden decks attached to the rear wall of a townhouse dwelling shall be permitted in any district where townhouse developments are permitted, subject to the following requirements: [Added 4-10-2001 by Ord. No. 2001:14]

(1) The deck shall not extend more than 12 feet in length from the rear wall of the townhouse unit.

(2) The deck shall not extend along the entire width of the townhouse dwelling unit. There must be at least two feet from the side of the deck to the end of townhouse unit on each side.

(3) The maximum size of the decks shall be limited by all relevant setback requirements and buffer standards governing the overall townhouse development, as well as any applicable state and Township regulations governing wetlands and other land constraint areas as defined and regulated pursuant to the Township's Land Use and Zoning Ordinances.

(4) No decks shall be permitted higher than the first floor level above the basement of any townhouse unit.

(5) Decks shall be designed and constructed in a manner that is compatible with the architectural design and theme of the townhouse development.

(6) These requirements shall not apply to any townhouse development for which preliminary major subdivision approval, preliminary major site plan approval, final subdivision approval or final site plan approval was granted by a resolution of approval adopted by the Planning Board prior to the adoption of this provision and which approval specifically addressed the size or configuration of decks. In such cases, the requirements and conditions of the resolution of approval regarding decks shall apply.

[Added 3-14-2000 by Ord. No. 2000:7]

A. Fences and walls in the side and rear yard shall be a maximum of six feet in height. Fences and walls in the front yard shall be a maximum of four feet in height.

B. No closed-type fence or wall shall be erected in the front yard. A "closed-type fence or wall" is defined as a fence or wall with an open space between members of less than 50% of the width of vertical slats or members. Necessary retaining walls required for site grading up to a height of four feet shall be permitted within a front yard, subject to sight triangle considerations, and provided that there are at least three feet of planted space between each subsequent tiered retaining wall. Retaining walls shall be subject to all applicable construction codes and permits.

[Amended 9-18-2007 by Ord. No. 2007:29]

C. Fences surrounding pools shall be a minimum of four feet in height and designed in accordance with appropriate state regulations.

D. Fences and walls shall be constructed no less than six inches from the property line and shall have the finished side facing outward toward adjacent properties.

E. No fence or wall on a corner lot shall be constructed within a required site triangle for the corresponding street intersection.

**Webmasters Note: The previous section has been amended as per Ordinance No. 2007:29.

[Added 3-14-2000 by Ord. No. 2000:7]

No more than one principal use shall be permitted on the same lot, provided that, in the B Zones, retail uses, restaurants, indoor theaters and other recreation uses, where permitted, shall be permitted on the same lot, and further provided that gasoline service stations may contain convenience goods sales areas as regulated pursuant to § 430-88B. This prohibition shall not prohibit mixed-use developments permitted as a conditional use within the R-1M, R-1M(r) and R-2M Districts, except that no more than one single-family detached dwelling shall be permitted on the same lot. This prohibition shall not prohibit more than one tenant within a commercial or office building, provided that each tenant is a permitted use within the district.

No accessory buildings permitted by this section shall be placed in any required yard except as specified hereinafter in this section. The aggregate ground area covered by accessory buildings in any required rear yard, including the ground area covered by any projections hereinabove permitted, shall not exceed 30% of the required rear yard area within any class residence zone. Within any business zone, where a ground level rear yard is required, the aggregate area covered by any accessory buildings shall not exceed 50% of the required rear yard area.

A. Side yards. In the case of exceptionally wide lots where side yards are provided of greater width than required by this section, accessory buildings may be erected in the side yards, provided that the side yard required as a minimum by this section for the particular zone involved shall be left open and unoccupied except as permitted in this section, and that no part of any accessory building shall be within six feet of the main building or another accessory building.

B. Limitations.

(1) No accessory building within any residential zone or business zone shall be more than 15 feet or 1 1/2 stories, whichever is the lesser, in height. No building permit for any accessory building shall be issued in any residential zone until a permit for a dwelling or other permitted principal structure has been issued and construction started.

(2) No accessory building on a corner lot within any residential zone shall be located within the required front yard area.

(3) On through lots (any lot running from one street to another), no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on that part of the street which the yard abuts.

(4) Any accessory building attached to the main building shall be considered part of the main building.

(5) In all residential districts accessory storage sheds excluding sheds for registered motor vehicles, may cover an additional 100 square feet over and above the maximum building coverage permitted in the district. [Added 10-23-2007 by Ord. No. 2007:48]

**Webmasters Note: The previous section has been amended as per Ordinance No. 2007:48.

A. On any lot running through from one street to another, the front of the lot shall, for the purposes of this section, be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined building frontage established, the owner may, when applying for a building permit, specify which lot line shall be considered the front lot line for the purposes of this section.

B. In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any other curved street, lot frontage (as distinguished from lot width) may equal but shall be no less than 2/3 of the required lot width as set forth in Column 3 of the schedule in Article VI, and further provided that no lot shall have a frontage of less than 60 feet, exclusive of a lot in the B-5 Zone, which shall be 40 feet.

A. No lot shall be so subdivided or reduced in area as to cause any open space required by this chapter to be less in any dimension than is required for the zone and lot in question.

B. Where a lot is formed from part of another lot and occupied by a building, such division shall be effected in such manner as not to impair any of the requirements of this chapter with respect to the existing building or yards and open spaces in connection therewith. No permit shall be issued for the erection of a new building on a new lot thus created, unless it complies with all the provisions of this chapter.

Off-street parking space shall be provided as specified in Article XXXVII or as otherwise may be required in this chapter.

Any access driveway to any use shall be deemed to be accessory to such use. No driveway that is accessory to a business or industrial use shall be established in any residential zone.

No ingress or egress over private roads, private driveways or local streets as defined by the adopted Master Plan of 1976 through districts zoned for residential uses shall be permitted to or from nonresidential properties.

A. All measurements of building heights, as regulated by this chapter, shall be determined as follows: The measurement shall be made from the front curb level, provided that the curb level has been established on the street on which the building faces and provided that the mean natural level of the lot is not more than five feet higher than the curb level. Otherwise, the measurement shall be made from the mean natural level of the lot immediately adjacent to the building foundation. All measurements shall be made vertically (ninety-degree angle) to the mean level of the higher portions of the main roof. In no event shall the height of the building exceed 65 feet measured from the mean natural level of the lot immediately adjacent to the building foundation or six stories, whichever is the lesser. [Amended 9-9-1988 by Ord. No. 88:46]

B. Height limits in this chapter shall not apply to transmission or aerial towers, masts, flagpoles or chimneys, provided that the horizontal area of such parts does not exceed 1.0% of the ground area covered by the main building, nor shall the limits apply to parapet walls not over four feet high, for buildings located in nonresidential zones, and further provided that height limits shall not apply to roof-mounted heating, air-conditioning or other mechanical equipment, except that such equipment, when visible when standing at ground level from a residential zone, shall be screened by a wall, cover or by other means and that such screening shall be in keeping with the architectural motif of the building.

C. Within all commercial districts, bell and clock towers may be 15 feet higher than the maximum permitted principal building height. [Added 3-14-2000 by Ord. No. 2000:7]

D. Church steeples or similar features on houses of worship may be 15 feet higher than the maximum permitted principal building height. [Added 3-14-2000 by Ord. No. 2000:7]

The lowest floor level in a cellar, basement, crawl space or other structure in any building or structure shall not be less than an elevation of 176 feet, unless otherwise specified by the New Jersey Department of Environmental Protection.

The standards for control and regulation of land within said areas as promulgated by the New Jersey Department of Environmental Protection are hereby incorporated in this chapter.

Except as hereinafter provided, no building permit shall be issued for a building or use or enlargement of any building or use unless a site plan is first submitted and approved in accordance with Chapter 225, Land Use, Subdivisions and Site Plans, and no certificate of occupancy shall be given unless all construction conforms to the approved plan, except that site approval shall not be required for single-family dwellings or for permitted accessory uses incidental to single-family dwellings; but that shall not limit the requirements for submission of subdivision plans for subdivision approval as otherwise provided in Chapter 225, Land Use, Subdivisions and Site Plans.

All uses and activities shall comply with performance standards as set forth in Article XXXV.

Notwithstanding compliance with specific conditional use standards hereinafter set forth, no conditional use will be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community.

[Added 12-12-1978 by Ord. No. 78:28]

A. No commercial vehicle of a rated capacity exceeding 3/4 ton shall be stored or parked outdoors on a residential lot in a residential zone for a period of time greater than is required to complete a business transaction.

B. One commercial vehicle of a rated capacity not exceeding 3/4 ton may be parked or stored on a residential lot in a residential zone if owned or used by a resident of the premises.

C. The outdoor storage of trailers, recreation vehicles and boats is prohibited in the front yard in all residential districts. [Added 3-14-2000 by Ord. No. 2000:7]

[Added 7-10-1990 by Ord. No. 90:49]

Child-care centers, as defined in § 430-8A, shall be a permitted use in all nonresidential zoning districts in the Township in accordance with the provisions of P.L. 1989, Chapter 286 (N.J.S.A. 40:55D-66.6).

[Added 7-14-1981 by Ord. No. 81:28]

A. Community residences for the developmentally disabled and shelters for the victims of domestic violence, pursuant to N.J.S.A. 40:55D-66.1 and 40:55D-66.2, for up to six persons, excluding staff, shall be permitted in any residential zone in the Township, subject to bulk requirements in the zone where located. Community residences and shelters for the placement of more than six but less than 16 persons, exclusive of resident staff, may be permitted in all residential zones as a conditional use, provided that all of the terms and conditions specified for the particular use are complied with as follows:

(1) The community residence and shelter complies with the definitions appearing in N.J.S.A. 40:55D-66.2.

(2) Site plan approval shall be obtained from the Township Planning Board.

(3) No community residence shall be located on a lot of less than 40,000 square feet.

(4) No building so used shall be closer than 50 feet to any lot line or street line.

(5) Off-street parking shall be provided of at least one space for each two residents plus one space for each staff member and employee based on the maximum number on duty at any one time. Off-street parking areas shall be located at least 10 feet from any lot line and street line. They shall be suitably shielded from adjacent properties by means of appropriate landscaping or fencing.

(6) Community residences and shelters shall continue to resemble single-family homes and retain the aesthetic characteristics of the neighborhood.

(7) Buffering and screening shall be required between the community residence and shelter and any adjoining residential property. In determining the height and density of any such buffering or screening, the Planning Board shall give due consideration to the proximity of the community residence and shelter to adjacent dwellings.

(8) Signs denoting the nature of the facility shall not be allowed on the premises.

B. Notwithstanding compliance with specific conditional use standards hereinafter set forth, no conditional use will be permitted if the use at the proposed location would be detrimental to the health, safety and general welfare of the community.

C. No additional permits shall be issued if the number of persons, other than resident staff, resident at such existing community residences or shelters within the municipality exceeds 50 persons or 0.5% of the population of the municipality, whichever is greater.

[Added 2-9-1999 by Ord. No. 99:2]

A. Purpose. The Township Council of the Township of Parsippany-Troy Hills has determined that business owners and consumers will benefit from what are commonly known as "sidewalk sales" and that the proper regulation of such sales is required.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

SIDEWALK - That area of the public right-of-way reserved for pedestrian traffic from the curb to the front line of the building containing a retail establishment.

SIDEWALK SALES - Refer to periodic events to take place before and after designated holidays during which merchants are allowed to display merchandise for sale on the sidewalk.

C. Designated holidays. Sidewalk sales may be held from the Saturday before through the Saturday after the following holidays:

(1) President's Day.

(2) Memorial Day.

(3) Independence Day.

(4) Labor Day.

(5) Thanksgiving.

D. Location. Sidewalk sales may be held only in designated business zones or in front of structures approved by variance for retail use.

E. Limitations and regulations.

(1) The merchandise to be sold must be directly related to the retail establishment.

(2) The display area must be immediately adjacent to the building facade and shall not extend more than four feet beyond the facade.

(3) The area devoted to the display shall be a maximum of 100 square feet for a linear distance not to exceed 25 feet or the entire length of the facade, whichever is smaller.

(4) The display shall not obstruct doorways nor impede pedestrian traffic or wheelchair accessibility.

(5) No display shall be allowed in off-street parking areas, loading areas or emergency lanes.

(6) No more than one temporary sign, banner or flag not to exceed 16 square feet in size shall be permitted in conjunction with a sidewalk sale.

(7) The display shall be limited to the retail establishment's normal hours of operation.

(8) The outdoor display of merchandise shall be prohibited at all times other than those provided for in Subsection B of this § 430-29.