**Webmasters Note: The previous Schedule has been amended as per Ordinance No. 3558.
C. PERMITTED USES
(1) The regulations set forth in "Schedule I, Permitted Uses" shall apply to all buildings and lots within the several districts respectively, unless otherwise specified in this ordinance.
(2) Any use not designated as a permitted principal use, accessory use or special use is specifically .prohibited from any district in the Township.
(3) Exterior alterations which substantially change the character and nature of a building for the purpose of changing the use of the building shall not be permitted in any zoning district in which residences are permitted.
(4) Zoning districts designated by "H" on the Township Zoning Map shall additionally meet the requirements set forth in Section 112-24.
D. LOT AND YARD REQUIREMENTS
The regulations set forth in "Schedule II, Lot and Yard Requirements" shall apply to all buildings and lots within the several districts respectively, unless otherwise specified in this ordinance.
E. HEIGHT AND COVERAGE REQUIREMENTS
The regulations set forth in "Schedule III, Height and Coverage Requirements" shall apply to all buildings and lots within the several districts respectively, unless otherwise specified in this ordinance.
F. PRINCIPAL BUILDINGS
(1) There shall be no more than one single-family or two-family residential principal building erected on any one lot in a residential zone district.
(2) All principal buildings and required front yard areas must face on a dedicated public street or a private street approved by the Planning Board.
(3) No buildings or structures shall be located within 50' of the center line of a recorded stream or within 50' of the center line of other natural drainage 'ways. (Deleted 5/26/87 by Ordinance #1340).
(4) The following are applicable to principal buildings located in the OP Zone;
(a) The outside dimension of a two-story mixed use or non-residential building shall be limited to 75 feet.
(b) The minimum distance between buildings shall be no less than 25 feet.
(c) The number of dwelling units within a mixed use building shall be limited to two, and may be arranged in a vertical or horizontal manner utilizing one or two floors or a combination thereof; however, no living space shall be permitted above the second floor.
(d) The total number of dwelling units per lot shall be limited to two, contained either in a mixed use building or in a two-family dwelling. (Amended 5/13/86 by Ordinance #1278).
G. ACCESSORY BUILDINGS
No accessory building permitted by this Ordinance shall be placed in any required yard except as specified hereinafter in this section.
(1) The aggregate ground area covered by accessory buildings in any required rear yard shall not exceed 30 percent of the required rear yard area within any residential zone. Within any business and industrial zone, the aggregate area covered by any accessory buildings shall not exceed 50 percent of the required rear yard area.
(2) An accessory building attached to the principal building shall comply in all respects with the requirements of this Ordinance applicable to the principal building.
(3) No accessory building within any zone shall exceed the height of the; principal building.
FOOTNOTES TO SCHEDULE II LOT AND YARD REQUIREMENTS
(1) In the event that an existing lot is purchased by the State of New Jersey, the remaining lot area, if 50,000 square feet or larger, shall be deemed conforming.
(2) Except for lots that lack either public water or public sewerage facilities, or both, the minimum lot size shall be 20,000 square feet.
(3) Except areas usable for quarrying and related activities shall have 50 contiguous acres, a minimum lot frontage of 400 feet, and that no principal or accessory quarrying building, structure, operation, or use shall be located or conducted closer than 200 feet from any public road, lot line or zone boundary.
(4) Except for lots fronting on an arterial street, in which case an additional 15 feet shall be required. In the case of all major subdivisions, no three adjacent structures located on the same side of a street shall have the same front yard depth. The minimum required difference of front yard depth shall be three (3) feet.
(5) For Flag Lots, see Section 402.21 et. seq. (Amended 1/12/88 by Ordinance #1379)
(6) Added 4/25/89 by Ordinance #1481. For Lot Size Averaging, see Section 8411.
(7) Added 7/11/89 by Ordinance #1500.
(8) All bulk requirements of the R-7 Zone are applicable to residential uses within the O-P this includes: (1) the distinction between interior lots and comer lots, (2) buffer requirements, (3) 15 additional feet from the street, and (4) parking requirements same as R-20 and R-15 (section B406.22b).
(9) Garages shall be constructed according to the following standards:
(a) All garages provided shall conform architecturally to and be of similar materials as the principal building in the development;
(b) No detached garage shall exceed a height of one story or fifteen (15) feet.
(10) In the R-10 B Zone (added 4122198, Ordinance #2075; amended 8114101, Ordinance #3236):
(a) The maximum permitted density shall be 2.1 dwelling units per gross acre for single family residential development and 3.25 units per gross acre for garden apartment development.
(b) Open Space shall be provided on-tract according to the standards contained in the Natural Resources Preservation Ordinance, Sections 112-31D(3) and 112-31H(3) and as modified below:
[1] A minimum of twenty-five (25%) percent of the tract . shall be set aside as Open Space for single family residential development and sixty (60%) percent for garden apartment development;
[2] The minimum size of an Open Space Area shall be four (4) acres; [3] The minimum width of an Open Space Area shall be two hundred fifty (250) feet.
(c) No development will be permitted of forests identified in the Forest Study prepared by the Franklin Township Environmental Commission.
(d) Frontage for single family residential lots in the R-10B Zone shall be, measured at the required front setback line.
(11) A garden shed is any accessory structure 100 square feet or less. See also, Section 112-8G(8).
(Amended 5122101 by Ord. No. 3218)
(4) No accessory building erected in a required yard on, any lot within any zone shall be used for residential purposes.
(5) Within the limitations hereinbefore recited, any accessory building Within any residential zone shall be a distance not less than the minimum; front yard setback distance from the street line required for that zone.
(6) On through lots, 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 said yard abuts.
(7) Open, private swimming pools designed and intended for the sole use of resident site occupants shall be considered accessory structures for the purpose of permits and shall be controlled by the New Jersey Uniform, Construction Code. (Amended 10/15/84 by Ordinance # 1201).
(8) Garden sheds shall be governed by Section 112-8G Accessory Buildings, except that they may be erected closer to the rear and side property lines as indicated in the below modified schedule. In no instance, however, shall the location of the garden shed be closer to an existing dwelling, which is located on an adjacent lot, then the prescribed minimum side yard depth for accessory buildings of the zone in which the garden shed is to be erected, (see "Schedule II, Lot and Yard Requirements"). Applicants desiring a permit to erect a garden shed within the modified setbacks, must provide the location of dwellings on the adjacent lots on their filed plan.
Garden sheds shall not exceed the following standards governing size:
Height: 10 Feet
Length: 12 Feet
Width: 12 Feet
Total Square Footage: 100 Square Feet (Added 11/8/84 by Ordinance #1197)
H. LOT FRONTAGE
(1) No subdivision shall be approved unless the area to be subdivided shall have frontage on and access from an existing street on the Township Master Plan or Official Map or unless such street exists as defined herein.
(2) Through lots and reversed frontage lots shall be prohibited except where necessary to provide separation of residential development from traffic arterials or to overcome specific disadvantages to topography and orientation.
(3) Where a building lot has frontage upon a street which, on the Master Plan or Official Map of the Township of Franklin is contemplated for right of way widening, the required front yard area shall be measured from such proposed future right-of-way line.
(4) There is hereby prohibited in all zones of the Township any and all games of chance whether conducted for consideration or not unless such activity shall have received a permit duly issued by the Township of Franklin pursuant to applicable statutory regulation or ordinance of the Township of Franklin. (Amended 3/10/87 by Ordinance #1325).
1. REDUCTION OF OPEN SPACE PROHIBITED
(1) No lot shall hereafter be so subdivided or reduced in area as to cause any open space required by this Ordinance to be less in any dimension than is herein required for the zone and lot in question.
(2) Where a lot is formed as part of another lot and occupied by a building, such division shall be effected in such a manner as not to impair any of the requirements of this Ordinance with respect to the existing buildings 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 provisions of this Ordinance.
J. APPLICATION TO MUNICIPALITY
Regardless of whether the Township or any duly constituted board, agency or department thereof is acting in or pursuant to the performance of a governmental function, carrying out a legislative mandate or in the exercise of its private right as a corporate body any structure, facility or use, either existing or proposed, owned, operated or controlled by. the municipality, or the Franklin Township Board of Education or any of its agencies, shall be permitted in any class of zone; it being the intention than whatever the Township may be authorized 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.
No building permit shall be issued unless the building lot abuts a street as defined herein giving public access to said building, and until such street shall have been certified by the governing body to be suitable improved or such suitable improvement shall have been assured by means of a performance guarantee in accordance with the standards and specifications for road improvements as required by this Ordinance.
**Webmasters Note: The previous subsections, A. through K., have been amended as per a supplement dated 4/02.
L. RESERVED
M. YARDS AND COURTS
(1) No yard or part thereof or any other open space or off-street parking or loading space required about or in connection with any building for the purpose of complying with this ordinance, shall be included as part of a yard, open space, or off -street parking or loading space similarly required for any other building.
(2) No yard or lot existing at the time of passage of this Ordinance shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this ordinance shall meet at least the minimum requirements established by this ordinance.
(3) in the case of irregularly shaped lots existing at the time of passage of this ordinance, the minimum frontage requirements as specified in the schedule shall be measured at the rear line of the required front yard area, provided that in no case shall the frontage or the distance between side lot lines be reduced to less than fifty percent (50%) of the minimum frontage requirement.
(4) All yard areas facing on a public street shall be considered as front yards and shall conform to the front yard requirements for the particular zone.
(5) When the rear yard of a corner lot adjoins the front yard of a lot to the rear, no accessory building on such corner lot shall be located nearer to the street on which the lot to the rear faces than a distance equal to the depth of front yard required along such frontage.
(6) No side or rear yard area shall be required for non-residential uses abutting railroad right of way boundary lines except as considered necessary by the Planning Board to ensure the health, safety and welfare of site occupants.
N. REMOVAL OF SOIL
(1) No soil, mineral or similar materials may be removed from any lot except in accordance with the provisions of an ordinance entitled An Ordinance Regulating the Removal of Soil in the Township of Franklin, County of Somerset and State of New Jersey. (Amended 3/11/86 by ordinance #1267)
0. PARKING OF VEHICLES
(1) No commercial vehicle of more than 3/4 ton manufacturers' rated capacity shall be parked out-of-doors in any residential zone between the hours of 12 Midnight and 6 a.m.
P. BRUSH AND HEDGES NEAR ROADWAYS AND INTERSECTIONS
(1) Any owner or tenant of lands lying within the limits of the Township shall keep all brush, hedges and other plant life, or any other obstruction, growing or located in the sight triangle area formed by the intersecting street right of way lines and a line drawn adjoining points on the street right-of-way lines each thirty (30) feet distant from the point of intersection of the street right-of-way lines, and where determined to be a safety hazard by the officer designated by the Chief of Police, limited to a height of not more than two and one-half (2-1/2) feet. At the direction of the officer designated by the Chief of Police, all traffic signs shall be maintained free and clear of obstruction by vegetation. (Amended 3/28189 by Ordinance #1473; 3/10/92 by Ordinance #1696.)
(2) Where any owner or tenant of lands described in Section 112-8P(l) shall have failed to keep such brush, hedges or other plant life cut to a height of not more than two and one-half (2-1/2) feet upon written notice to such owner or tenant served personally upon such owner or tenant or mailed to the last known address of such owner or tenant, certified mail, return receipt requested, the Traffic Safety Officer of the Township of Franklin shall, upon the expiration ten (10) days after delivery of such notice, provide for the cutting of the same under his direction. He shall thereupon certify the cost of such cutting to the Township council, which shall examine such certificate and if found correct, shall cause the cost as shown thereon to be charged against said lands, or in the event that such cost is excessive, shall cause the reasonable cost thereof to be charged against said lands. The amounts so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as other taxes and shall be collected and enforced by the same officers and in the same manner as taxes. (Amended 3/28/89 by Ordinance #1473)
(3) Any owner or tenant who shall violate any provision of this Ordinance or fail to comply therewith or with any of the requirements thereof, upon conviction thereof, shall be liable to a fine of not more than One Thousand ($1,000.00) Dollars or for imprisonment for not more than ninety (90) days or to both such fine and imprisonment. Each and every day such violation continues, shall be deemed a separate and distinct violation. (Amended 3/28/89 by Ordinance #1473)
