Each of the sections and provisions of this article shall apply to all zones, unless otherwise stated.
No accessory structure may be built on any lot on which there is no principal building or structure. Unless otherwise regulated in this chapter, accessory structures shall meet the following conditions:
A. Accessory structures in agricultural and residential zones.
(1) Except for accessory structures used in connection with agricultural uses, accessory structures shall not exceed 16 feet in height.
(2) Accessory structures shall meet the front and side yard requirements of the principal building.
(3) Accessory structures erected in the rear yard shall be at least 10 feet from a side or rear property line.
(4) Accessory structures shall be at least 10 feet from a principal building and at least six feet from another accessory building.
(5) Accessory structures, such as boathouses or docks, may be placed along the waterfront of a lot having such frontage, regardless of rear yard requirements.
(6) Except for accessory structures used in connection with agricultural uses, the total ground floor area of all accessory structures on a lot shall not exceed the ground floor area of the principal building.
(8) No accessory structure shall be permitted in a front yard. [Added 11-14-2002 by Ord. No. 2002-10]
B. Accessory structures in all other districts. For the purposes of this chapter, accessory structures in all other districts shall meet the height and yard requirements for principal buildings. No such accessory building shall be located closer to another building than the height of the shorter building.
**Webmasters Note: The previous sections, the definition for Structure in 105-4 through 105-
6.B, have been amended as per a supplement dated 8-20-2003.
A. Look-alikes. [Amended 2-1-88]
(1) Building permits will not be issued for any new dwelling to be constructed in a development plan consisting of two (2) or more dwellings unless the exterior designs are substantially different in appearance from any contiguous, adjacent or nearby dwelling within five hundred (500) feet or within two (2) conforming lots within the particular zone, whichever distance is greater, of the proposed dwelling and measured in either direction along the road frontage upon which the proposed dwelling is to be constructed. Said five-hundred-foot distance between dwellings shall include dwellings situated on the opposite side of the road or, in the case of intersecting streets, five hundred (500) feet from any intersection. Proposed dwellings shall be substantially different in design within the distances outlined above. The distances outlined above shall be measured from the exterior lot lines of the properties in question.
(2) For the purposes of this subsection, "substantially different" shall mean that a proposed dwelling must incorporate four (4) major changes in design, which major changes shall differentiate said dwelling from other dwellings situated within the distances delineated above. "Major changes" shall mean and include but not be necessarily limited to:
(a) Location of garage, portico or breezeway.
(b) Location, size and type of windows and doors.
(c) Type, design and pitch of roofs, including roofing material, color and pattern thereof.
(d) Type, design and color of exterior siding material of the front of the dwelling and at least one (1) other facet of the unit
(e) Floor plans.
(3) Further, notwithstanding the above distance requirements, the developer must use a minimum of substantially different designs as per the following schedule:
(4) The developer shall submit architectural drawings which incorporate the proposed exterior designs as outlined above for the Board's review as part of the developer's preliminary application.
(5) For purposes of this subsection, the developer may submit architectural drawings to the Board which incorporate changes other than those outlined above for review, and it shall be in the discretion of the Board to determine if said designs constitute substantially different major changes in order to conform to the above provisions of this subsection.
(6) It is not the intent or purpose of this subsection to suggest that a developer should propose a development which includes more than one (1) basic architectural style in a single development, i.e., colonials mixed with Tudors or ranch or Cape Cods, etc., and the same is to be discouraged in that to mix said designs would be less aesthetically pleasing and acceptable than a basic architectural styling theme with the major changes noted above.
B. The physical contour of any lot shall not be altered in any manner affecting drainage to the detriment of the property or adjoining property, nor shall natural contours be disturbed or excavations permitted which are likely to involve risks of erosion, landslide, injury to natural vegetation or other hazardous or adverse conditions. In addition, the following specific requirements shall be met:
(1) There shall be no increase in the grade of a lot within five feet of an adjoining street or property line.
(2) No grade shall be increased to a slope greater than 2 to 1.
(3) There shall be no filling of land nor the erection of retaining walls in any location or to such a height as would reduce the normal sight distance along a street from any point at the setback line on any adjoining lot.
C. If the Construction Official finds that the construction of any building or the disturbance of the natural contours is likely to result in any condition mentioned in Subsection B above, he shall refer the application and plot plan to the Township Engineer. Upon advice of the Township Engineer, the Construction Official shall require such changes in the construction plans, or he shall require the construction of berms, gutters, retaining walls, dry wells, catch basins and similar structures as may be necessary to control drainage, to reduce excavation, to maintain a natural environment to the greatest degree possible and to otherwise prevent or eliminate danger or hazardous conditions. [Amended 7-6-1987]
D. No structure or part thereof shall be erected, raised, moved, extended, enlarged, altered or demolished and no excavation for any building shall be dug until a building permit has been granted by the Construction Official. Application thereof shall be filed, in duplicate, by the owner or his agent, and it shall state the intended use of the structure and of the land. This application shall be accompanied by detailed plans and specifications. (Amended 7-6-1987]
[Amended 7-6-1987]
No land shall be used and no new structure shall be occupied or used, in whole or in part, for any use, nor shall the use of any land or structure be changed from an existing to a new use until a certificate of occupancy is issued by the Construction Official, stating that the structure and the occupancy and use of the land and the structure, if any, conform to the provisions of this chapter. In addition, a certificate of occupancy shall be obtained prior to the occupancy of any existing nonresidential land or building or part thereof by a new owner or tenant, even if there is no change in the use of the land or building or part thereof. Such certificates of occupancy shall be granted or denied within 15 days from the date written application has been received by the Construction Official. Unless a certificate is granted within such period, it shall be deemed to be denied. At the discretion of the Construction Official, a temporary certificate of occupancy may be issued, provided that health and safety factors are met, the dwelling is 75% completed and the remaining 25% must be completed within the year.
[Amended 7-6-1987]
It shall be the duty of the Construction Official to keep a record of all applications for building permits and certificates of occupancy and of all such permits and certificates issued, with a notation of all special conditions involved. He shall file and safely keep copies of all plans and specifications submitted with such applications, and the same shall form a part of the records of his office, Copies of certificates of occupancy shall be furnished upon request to any person having a proprietary or leasehold interest in the structure or land affected.
Where a lot is bounded by more than one (1) street, the yard depth or setback from each street shall not be less than the required front yard on each street. On corner lots, the average lot depth measured from any abutting street shall not be less than one hundred twenty-five percent (125%) of the required minimum average lot width.
No permit shall be granted for a building or use if the design or construction of the same is likely to involve exceptional risk of traffic congestion, public safety or hazard, nor shall a permit be issued for a building or use if the design or construction of the same is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent property.
No land may be used and no structure may be erected, raised. moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
[Amended 4-7-86; 6-2-866]
This chapter shall be enforced by the Zoning Officer, whose primary duty shall be to investigate violations. sign complaint% where justified and cooperate with other township officials in the prosecution of violators; however, before a court action is filed, the Zoning Officer shall obtain the approval of the Township Committee. The Construction Official or other Township employee authorized by the Township Committee shall have the right to inspect any lot or building at reasonable times for the purpose of investigating possible violations of this chapter or if it is in connection with an application for a building permit.
Any lot or plot, as recorded at the time of passage of this chapter, that fails to comply with the minimum lot area requirement-, of this chapter may be used for any use not otherwise prohibited in such district in which it lies, provided that said lot is in single ownership, as defined in this chapter, and further provided that all yard requirements are complied with; provided, however, that, where the average lot width is less than its zone district requirements, the side yards may be reduced by the percentage that the average lot width bears to the zone district requirements.
A. Fences and walls above grade shall be subject to the following limitations:
(1) No wall or fence shall be erected within twenty-five (25) feet of a street center line nor within five (5) feet of a street right-of-way line.
(2) Walls or fences, other than retaining walls, erected in a front yard shall not exceed four (4) feet in height. Retaining walls located in the front yard shall not exceed six (6) feet in height.
(3) Walls or fences erected in the side or rear yards shall not exceed six (6) feet in height.
B. The foregoing limitations shall not apply to fences used in connection with agricultural uses, provided that the same do not obstruct vision for purposes of traffic safety, nor shall said limitations apply to fences or walls required by the Planning Board in connection with site plan approval.
The height provisions of this chapter shall not apply to the erection of building appurtenances, such as church spires, belfries, towers or flagpoles, designed exclusively for ornamental purposes. The height provisions of this chapter shall, moreover, not apply to chimneys, flues, bulkheads, elevator enclosures, water tanks or similar accessory structures occupying an aggregate of ten percent (10%) or less of the area of the roof on which they are located, and further provided that such structures do not exceed the height limit by more than ten (10) feet. Nothing in this chapter shall prevent the erection above the height limitation of a parapet wall or cornice extending above such height limit not more than three (3) feet.
The control and regulation of the nature and extent of uses of structures as herein provided shall apply equally to the nature and extent of the use of land.
[Amended 7-6-1987; 6-3-1991 by Ord. No. 8-91]
Outdoor storage or display of any article or material as an accessory use to any commercial operation is permitted in the B-1, B-2, B-3, I-1 and I-2 Zones only, subject to the following regulations:
A. The outdoor storage of any article or material, other than merchandise for sale on the premises, shall be limited to the side and rear yards and shall be screened by fencing, planting, or both, as approved by the Planning Board in accordance with Chapter 90, Subdivision and Site Plans. The height of the fence shall be equal to or greater than the height of the material stored. but not greater than six (6) feet, and the height of the material to be stored shall not exceed six (6) feet. Said storage shall be located at least ten (10) feet from a property line. Material so stored shall be kept in an orderly manner at all times. and such material shall not include any discarded or abandoned articles.
B. The outdoor storage of merchandise for sale on the premises is permitted in the side and rear yards, provided that the same is located at least twenty-five (25) feet from a street right-of-way and ten (10) feet from a property line. The area devoted to such storage shall be approved by the Planning Board in accordance with § 105-24 and shall be screened along any side or rear line adjoining a residential zone. The height of material so stored shall not exceed six (6) feet, except for individual articles which have a height of more than Six (6) feet. No article or material shall be stored in any required parking area or so located as to interfere with vehicular or pedestrian traffic movement or safety. In addition, no article or material shall be stored or displayed on a sidewalk.
C. The outdoor storage of live plants being displayed for sale on the premises may be located within ten (10) feet of a street right-of-way line and up to a property line. provided that the height of such material does not exceed three (3) feet within twenty-five (25) feet of the street right-of-way or within ten (10) feet of a property line.
D. Excepting the outdoor storage of live plants, not more than fifty percent (50%) of any yard shall be devoted to outdoor storage or display.
A. Only one (1) principal building may be erected on a lot, except for related buildings forming one (1) principal use and limited to the following:
(1) Public or institutional building complexes.
(2) Industrial, I-1; manufacturing, I-2; or retail, B-1, shopping complexes; B-2 and B-3, where an office park is proposed such that the gross density of construction does not exceed that otherwise permitted in the zone. [Amended 6-3-1991 by Ord. No. 8-91]
B. Unless otherwise regulated in this chapter, no principal building shall be located closer to another building than the height of one (1) of the buildings, but in no event less than fifteen (15) feet.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make said area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter. said area or dimension shall not be further reduced.
Except as provided in §§ 105-23 and 105-24 below, tourist cabins, house trailers, storage trailers, trailer courts, tents and all other movable dwellings may not be occupied, erected or moved into any zone-, provided, however, that unoccupied house trailers may be stored in any zone, provided that the same are completely garaged at all times.
[Amended 9-6-88]
No person shall keep, store, abandon or leave upon any parcel of land, public or private, or upon any street, road or highway within the township any motor vehicle not currently used for transportation and not being licensed for the current year or which cannot be readily operated under its own power; however, nothing in this section shall prohibit the placing or storing of any such motor vehicles in any garage or other building.
Vehicles and trailers used for customary agricultural uses, whether or not registered shall not be considered abandoned pursuant to this section. In order to qualify for exemption as an active agricultural operation, the operator, owner or his/her agent shall file with the Zoning Officer an affidavit attesting that the use of the vehicle in question is directly related to agricultural operations indertaken on the lot on which the vehicle or trailer is located.
**Webmasters Note: The previous section (105-22) has been amended as per Ordinance No. 07-03.
The use of trailers in any zone in connection with site construction shall be permitted subject to the following restrictions and regulations:
A. Such trailers shall be located on the lot on which construction is progressing and shall not be located within twenty-five (25) feet of the boundary line of any abutting residential lot.
B. Such trailers shall be used only as field offices and not for an% dwelling use whatsoever.
C. Such trailers shall not be moved onto a construction site until the date on or after which construction actually commences and shall be removed from such site on or before the completion of construction.
D. A permit for the location and use of any such trailer shall be obtained from the Zoning Officer. Such permit shall be renewed every six (6) months.
The parking and storage of boats and trailers in any zone shall be permitted subject to the following restrictions and regulations:
A. All trailers, boats or boat trailers shall be stored in the side or rear yard only. No trailer, boat or boat trailer shall be parked or stored in the front yard of a lot or in front of the front yard building line.
B. The area devoted to the storage of boats or trailers shall not exceed five percent (5%) of the lot area or four hundred (400) square feet, whichever is the lesser.
C. Any trailer, boat or boat trailer parked in the side or rear of any lot shall meet the requirements and regulations applicable to accessory buildings in regard to setbacks.
D. Any trailer, boat or boat trailer parked or stored in a side or rear yard and not in an enclosed garage shall be screened from view of any adjoining street or property. Such screening shall not be less than the height of the object, but need not exceed six (6) feet, and shall consist of a wall, fence, trellis, dense shrubbery or other attractive material. Such screening may be waived if topographic or other physical conditions would render the screening ineffective.
E. The area in which any trailer. boat or boat trailer is to be parked or stored shall not preempt any off-street parking space required to be provided by any provision of this chapter.
F. Prior to parking or storing any trailer, boat or boat trailer on any lot, except within an enclosed garage. the owner of said lot shall first apply to and obtain from the Zoning Officer a permit allowing such parking or storage. Such permit shall expire on the first day of January following it-, issuance and may be renewed for additional terms of one (1) year each.
G. An application for such permit shall be made on forms to be supplied by the Zoning Officer and shall set forth the following information:
(1) The name and address of the owner of the lot on which said trailer or boat is to be parked or stored.
(2) The location of the property on which said trailer or boat is to be parked or stored, including street address and block and lot.
(3) The height and type of screening to be used.
H. Such application shall be accompanied by a plot plan, drawn to scale, showing the location where such trailer or boat is to be parked or stored, the relation of such location to structures located on the same lot and on abutting lots, the relation to the boundary lines of abutting lots and the relation of such location to the required side and rear yards. Such plot plan shall be reasonably accurate and legible so as to enable the Zoning Officer to determine if the application complies with the provisions of this chapter. If a plot plan is not so accurate or legible, the Zoning Officer shall require an applicant to resubmit the same.
I. An applicant for such permit shall pay a fee of ten dollars ($10.) for the first issuance of such permit and a fee of two dollars ($2.) for each renewal thereof. Such fees shall be paid to the Zoning Officer.
J. Nothing herein contained shall prohibit the Zoning Officer from issuing a temporary permit, without fee. allowing the temporary parking or storage of trailers, boats or boat trailers in any lot for a period not exceeding fourteen (14) days. provided that the Zoning Officer makes the following findings:
(1) Such parking or storage shall not adversely affect the aesthetic appearance of abutting lots.
(2) Such parking or storage shall not unreasonably interfere with the access to light or air of structures on abutting lots.
