Any restrictions or requirements with respect to buildings or land which appear in other ordinances of the Township of Dover or are established by law and which are greater than those set forth herein shall take precedence over the provisions of this chapter.

Except as herein otherwise provided:

A. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purposes or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.

B. No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area and building location regulations hereinafter designated for the zone in which such building or open space is located.

C. No off-street parking area or loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.

D. No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone in which said lot is located or unless a variance has been granted therefrom.

E. No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.

Wherever the depth of lots is established by existing street patterns in any residential zone, the depth requirements of the zone shall be waived as long as all setback lines are maintained.

A. "`Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Township requirements or for which such improvement has been guaranteed by the posting of a performance guaranty pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-3611 [Amended 9-25-1991 by Ord. No. 2859-91]

B. '`Where a building lot has frontage on a street which the Master Plan or the Official Map of the Township or the Subdivision and Site Plan Resolution of the County of Ocean indicates is proposed for right-of-way widening or the street does not conform to the minimum right-of-way width requirements in this chapter or the above-indicated documents, the required front yard setback shall be measured from such required or proposed right-of-way line. [Amended 9-24-1996 by Ord. No. 3196-96; 12-9-2003 by Ord. No. 3843-03]

C. Access to every lot shall conform to the standards of the State Highway Access Management Code or any county or municipal access management code adopted. [Added 8-14-1992 by Ord. No. 2848-91]

A. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

B. All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located, except as otherwise provided in this chapter.

C. Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including but not limited to sills, belt courses, chimneys, flues, buttresses, ornamental features and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces which do not rise above the height of the floor level of the ground floor may extend into any yard, provided that the total area of all such porches which extend into such yards does not exceed 1,000 square feet.

[Amended 9-25-1991 by Ord. No. 2859-91]

D. No structure shall be constructed closer than 20 feet to the water's edge of any stream, lake, lagoon or other body of water, except that this provision shall not apply to unenclosed decks, porches or similar structures less than four feet in height [Added 6-13-1978 by Ord. No. 1759; amended 9-25-1991 by Ord. No. 2859-91]

E. Additions or alterations to existing single-family dwellings that remain within the existing footprint of the enclosed roofed area shall be permitted, provided said additions or alterations do not violate any other requirements of this ordinance and meet all front, side and rear yard setbacks for the additions or alterations.

F. Yard areas. Within any residential zone, no heating, ventilating and/or air-conditioning units, ducts, heaters, furnaces, well pumps or other aboveground mechanicals shall be placed within four feet of any property line or within any front yard setback, except that such mechanicals may be closer than four feet to a side or rear property line if the permitted side or rear yard setback for the principal building is less than four feet.

G. Where a commercial use or structure is proposed to be constructed, expanded or otherwise altered which requires site plan approval pursuant to this Chapter and such commercial use is situated in a commercial zoning district which abuts a residential zoning district, the minimum setback required of that yard in a commercial zoning district immediately abutting said residential zone shall be twice the minimum setback otherwise required by this Chapter. These restrictions shall not apply to the GB zone.

**Webmasters Note: The previous subsections, E. through G, have been amended as per Ordinance No. 4123-07.

A. *On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on all adjoining interior lots fronting on such street. However, provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot less than 100 feet in width. No corner lot setback shall, in any case, be less than 20 feet, unless otherwise permitted in this chapter. [Amended 9-25-1991 by Ord. No. 2859-91]

B. Where the corner lot abuts interior lots located in an adjoining zone having lesser front setback requirements, buildings may assume the minimum front setback dimension of the adjoining zone only if the adjoining zone is immediately adjacent and contiguous to the property and the proposed building is to be situated within 100 feet of said adjacent zone. [Amended 9-25-1991 by Ord. No. 2859-911

C. Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.

D. Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.

E. Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.

Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level and no obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area formed by two intersecting street lines bounding said lot, or the projection of such lines and by a line connecting a point on each street line located 25 feet from the intersection of the street lines. These restrictions shall not apply to buildings in the R-40A and R-40B zones or to buildings located within the restricted area on any other property in the Township lying east of Barnegat Bay.

**Webmasters Note: The previous section has been amended as per Ordinance No. 4123-07.

[Amended 9-25-1991 by Ord. No. 2859-91]

Unless otherwise specified in this chapter, accessory buildings shall conform to the following regulations as to their locations on the lot:

A. An accessory building attached to a principal building shall comply in all respects to the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located in other than a front yard and, if located in a side or rear yard area, shall conform to side or rear setback requirements of this chapter for the particular zoning district, except that one storage shed containing less than 100 square feet of floor area may be located not less than three feet from any side or rear lot line. [Amended 5-13-1992 by Ord. No. 2911-92]

B. Accessory buildings may occupy not more than 25% of the rear or side yard area in any residential zone. With the exception of one storage shed containing less than 100 square feet of floor area, accessory buildings are also subject to the maximum lot coverage by buildings requirement for each zone. Accessory buildings shall not exceed 16 feet in height. [Added 12-9-2003 by Ord. No. 3843-03]

C. No detached accessory structure in any residential zone shall be less than five feet from the principal building or other accessory buildings. [Amended 5-13-1992 by Ord. No. 2911-92]

D. On any residential lot having an area of 20,000 square feet or more, no accessory structure may exceed 750 square feet and the aggregate area of all accessory structures, excluding private swimming pools, may not exceed 1,000 square feet. In all other zones, the maximum size of any individual accessory structure shall be 500 square feet and the aggregate area of all accessory structures, excluding private swimming pools, may not exceed 1,000 square feet. [Added 2-22-1995 by Ord. No. 3084-95]

No lot utilized for single-family or two-family dwelling purposes shall contain more than one principal building.

The provisions of this chapter shall not apply to customary underground essential services, except that all facilities such as pumping stations, repeater stations and electric substations which require a building above ground or any other aboveground appurtenance of any type more than 40 feet high shall require approval as a conditional use subject to the provisions of this chapter.

Where two or more lots created by the filing of a map pursuant to the Map Filing Law prior to establishment of the Dover Township Planning Board have any contiguous lines and are in single ownership and one or more of the lots is nonconforming in any aspect, the lots involved shall be considered to be an undivided parcel for the purposes of this chapter, and no portion of said parcel shall be conveyed or divided except through the filing of an approved subdivision in accordance with the provisions of this chapter.

A. No structure shall extend higher than the limit provided in each zone created hereunder for building height, except in nonresidential zones, elevated water towers, antenna towers or similar such structures for use by a public utility operating within the Township of Dover subject to such structure not exceeding 100 feet in height and upon the issuance of conditional use permit by the Dover Township Planning Board. [Amended 5-13-1992 by Ord. No. 2911-92]

B. The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy or to parapets, walls or cornices extending not more than four feet above the building height limit.

C. The height limitations created hereunder shall apply to chimneys, ventilators, skylights, tanks, stair towers, elevator towers, appurtenances usually carried above the root' level and noncommercial radio and television antennas attached to a building, except that the same may exceed said height limitation by not more than 15 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than 10 feet. Such features shall not exceed, in total coverage, 20% of the total roof area.

D. Freestanding noncommercial radio and television antennas, flagpoles and windmills may exceed the height limits created hereunder by not more than 15 feet. [Amended 2-9-1982 by Ord. No. 2068]

Wherever feasible, all of the following shall be preserved in their natural state:

A. Floodway and flood hazard areas as defined by Chapter 313, Flood Damage Prevention, of the Code of the Township of Dover.

B. Wetlands as defined by Chapter 497, Watercourses and Coastal Wetlands, of the Code of the Township of Dover.

C. Areas containing a significant number of specimen trees as defined in Chapter 471, Trees, of the Code of the Township of Dover.

D. Land with slopes in excess of 10%.

E. Existing watercourses, ponds, bogs and swamps.

F. Land with a seasonal high-water table of less than two feet. Berryland and Atsion soils usually have a seasonal high-water table of less than two feet.

G. Wetlands as defined by the New Jersey Wetlands Act of 1970 and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

H. Lands classified as "tidal wetland," "flood hazard area," "wet soil woodland," "wet soil old field" or "prime agricultural land" in the Environmental Base Study prepared for the Dover Township Planning Board and the Dover Township Environmental Commission in 1974 and incorporated as a part of the 1976 revision of the Dover Township Master Plan adopted by the Planning Board on December 20, 1976.

Whenever a person acquires title to the land under water adjacent to his property by virtue of a riparian grant from the State of New Jersey, then the grant area shall automatically be zoned the same as the upland property adjacent to the grant; provided, however, that any part of this grant not filled, graded and stabilized pursuant to a valid construction permit shall not be applicable to meeting the minimum lot area for the governing zone.

Where applicable, the Planning Beard shall require, as a condition of site plan approval, that the owner convey to the Township of Dover drainage easements, conservation easements, sight casements and/or shade tree and utility easements which may be required.

Solid wastes from single- and two-family homes, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers. Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curblines for collection. Such receptacles may be stored in either the rear or side yard area, but if within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing. Proposed developments of 25 or more single- or two-family residential dwelling units shall provide an area for the storage of mandatory recyclable materials, either indoors or outdoors.

The dumping of refuse, waste material or other substances is prohibited in all districts within the Township, with the exception of designated landfill sites.

No person shall store materials of any kind outdoors in any district, except for the construction of a structure to be erected on the premises, unless specifically permitted elsewhere in this chapter.

Notwithstanding any other provisions of this chapter, the minimum lot area for any dwelling not served by either public water or sanitary sewers shall be 30,000 square feet.

A. PERMANENT OUTDOOR DISPLAY OF GOODS FOR SALE:

The permanent outdoor display of goods for sale including motor vehicles (See 348-5.37, Automotive Facilities) shall not be permitted in any zone except in accordance with a site plan approval granted by the Planning Board.

B. TEMPORARY OUTDOOR DISPLAY OF GOODS FOR SALE:

The temporary outdoor display of goods for sale may be permitted in accordance with the following provisions:

1) Such temporary outdoor displays shall only be permitted where the goods displayed are the merchandise of a business enclosed within a structure located on the subject property;

2) Such temporary outdoor display shall be limited to 14 consecutive days per event. Each business shall be limited to two (2) events per calendar year. The second permitted event shall not commence within thirty (30) days from the termination of the first permitted event;

3) No temporary outdoor display shall be located within any designated fire lane, vehicular circulation aisle or parking space;

4) All temporary outdoor displays shall not be located closer than the required front parking setback line or 25 feet from any street right- of -way line, whichever is greater and shall not be located within 15 feet from any side or rear property line;

5) Any applicant seeking approval for the temporary outdoor display of goods for sale shall apply for a zoning permit. In addition to the payment of the applicable fee, the applicant shall provide a sketch plat depicting the location and size of the proposed temporary outdoor display. Provided that the application comports with the requirements of this section, the Township Zoning Officer shall issue a zoning permit authorizing the requested temporary outdoor display. The applicant may appeal the denial of any requested permit to the Township Board of Adjustment in accordance with N.J.S.A. 40:55D-70(a).

C. Coin-operated vending machines shall not be located farther than two feet from a related business structure.

D. FLEA MARKETS:

Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out-of-doors shall not be permitted in any zone within the Township.

**Webmasters Note: The previous section has been amended as per Ordinance No. 4097-07.

A. The design of single- and two-family dwellings shall be subject to the provisions of Chapter 273, Dwellings, Design and Appearance of, of the Code of the Township of Dover.

B. Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious to the residential character of adjacent structures. The types of construction not considered to be residential in character include storefront type of construction, garage doors larger than needed for passenger vehicles or light commercial vehicles and unfinished concrete blocks or cinder block wall surfaces.

The exterior elevations shall be arranged and outer walls of nonresidential buildings shall be faced with materials approved by the Planning Board in conjunction with site plan approval. The architecture of all buildings shall be compatible with structures on adjacent lands and in the neighborhood.

A. The outdoor storage of an unoccupied travel trailer, camper or small boat shall be permitted on single-family properties, provided that:

(1) In all residential zones, except R-40A, R-40B, R-50 and R-75, such storage shall not be permitted within any required front yard as

(2) A travel trailer, camper or small boat shall not exceed 28 feet in length and 10 feet in width.

(3) Only one such travel trailer or camper and one small boat or two small boats shall be permitted to be stored outdoors at any single-family residence.

(4) All watercraft less than 12 feet in length, including row boats, canoes, personal watercraft, jet skis, sail boats and other such watercraft, shall be exempt from the provisions of this section when located in the R-40A, R-40B, R-50 and R-75 Zones.

(5) Any such vehicles stored in accordance with this section shall not be occupied and shall not be provided with utility connections

(6) Notwithstanding the requirements of § 348-5.5D of this chapter, the storage of small boats on davits over dry land and/or lagoons will be permitted.

(7) The storage of trailers capable of transporting vessels larger than small boats is prohibited.

B. The outdoor storage of an unoccupied recreational vehicle or motor home shall be permitted on single-family properties, provided that:

(1) In all residential zones, except R-40A, R-40B, R-50 and R-75, such storage shall not be permitted within any required front yard?'

(2) Recreational vehicles or motor homes that exceed 28 feet in length may be stored only within the required building setback lines.

(3) Any such vehicles stored in accordance with this section shall be duly registered and shall not be occupied and shall not be provided with utility connections.