The regulations set forth in this Article, or set forth elsewhere in this Title when referred to in this Article, are the district regulations in First Residence Districts. (R.O. 1966 C.S. §27:3-1)
Permitted uses shall only be those listed in the column entitled 1st Residential District in Section 40:3-65 Permitted Uses by District, Table Residential District. (R.O. 1966 C.S. §27:3-2; Ord. Ord. 6 PSF-A(S), 7-14-09 Exh. A)
Except as hereinafter provided in Section 40:4-1 et seq., no building shall exceed two and one-half (2 1/2) stories or thirty-five (35) feet in height. (R.O. 1966 C.S. §27:3-3)
a. Front Yard.
1. There shall be a front yard having a depth of not less than fifteen (15) feet unless twenty-five (25%) percent or more of the frontage on the side of the street between two (2) intersecting streets is improved with buildings, a majority of which have an average front yard line having a variation in depth of not more than six (6) feet, in which case no building shall project beyond the average front yard so established, but this regulation shall not be interpreted to require a front yard of more than fifty (50) feet.
2. Interior lots having a frontage on two (2) streets shall have a front yard on each street as provided by subparagraph 1. above.
3. Except as otherwise provided in this Article, where front yards have been established or may be required on each of two (2) intersecting streets, there shall be a front yard on each street side of a corner lot, provided, however, that the width of such lot for building purposes shall not be reduced to less than twenty-six (26) feet and no accessory building shall project into the front yard on either street. No front yard on the longer side of a corner lot need exceed twelve and one-half (12 1/2) feet.
b. Side Yard. There shall be a side yard on each side of a building having a width of not less than ten (10%) percent of the average width of the lot, provided, however, that one such side yard need not exceed three and one-half (3 1/2) feet.
c. Rear Yard Except as hereinafter provided in Section 40:4-1 et seq., there shall be a rear yard having a depth of not less than twenty-five (25%) percent of the average depth of the lot, provided, however, that such rear yards need not exceed fifty (50) feet.
d. Lot Area Per Family. There shall be a lot area of not less than five thousand (5,000) square feet and a lot width of not less than fifty (50) feet, provided, however, that lots having less area or less width than herein required, and of record at the time of the effective date of this ordinance (February 1, 1979) may be used for any purpose.
e. Courts.
1. The least dimension at any given height of any inner court shall be at least two (2) inches to each one (1) foot of height of bounding wall, but in no case less than four (4) feet and need not exceed fifteen (15) feet. The area of an inner court shall be at least twice the square of the required least dimension.
2. The least dimension at any given height of any outer court shall be at least one and one-half (1 1/2) inches to each one (1) foot of height of bounding wall, but in no case less than three and one-half (3 1/2) feet and need not exceed ten (10) feet.
f. Fencing. The maximum allowable fence height shall be four (4) feet for front yards and six (6) feet for side yards to the rear building setback for the main structure on the lot except if the lot abuts a commercial or industrial property or zone whereby the maximum allowable fence height shall be six (6) feet.
(R.O. 1966 C.S. §27:3-4; Ord. 6 S+FC, 11-5-92)
Provisions for off-street parking space shall be provided as required by Section 40:5-1 et seq. (R.O. 1966 C.S. §27:3-5)
The regulations set forth in this Article, or set forth elsewhere in the Title when referred to in this Article, are the district regulations in Second Residence Districts. (R.O. 1966 C.S. §27:3-6)
Permitted uses shall only be those listed in the column entitled 2nd Residential Distdctin Section 40:3-65 Permitted Uses by District, Table 1: Residential District. (R.O. 1966 C.S. §27:3-7; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
Except as hereinafter provided in Section 40:4-1 et seq., no building in this district shall exceed thirty-five (35) feet in height or three (3) stories. (R.O. 1966 C.S. §27:3-8; Ord. 6 S+FB, 12-21-00 §1; Ord. 6 S+FB, 12-22-04 §1)
Except as hereinafter provided in Section 40:4-1 et seq.:
a. Front Yard Front yard setback standards shall be measured to the structural front walls of applicable buildings and shall not be based on the locations of open or enclosed porches, balconies, or bay windows. Small sections of a new facade may also be recessed deeper than the required setback to allow for architectural interest in the new building.
1. The front setback of a new structure shall match the shorter front setback of the two (2) closest principal buildings on each side of the project site on the same block frontage as the site.
2. Bay windows (with no wall section wider than six (6) feet), balconies, stoops, and porches are permitted to encroach into the front setback area.
3. When the block has no existing development to serve as the reference for the required setback, the front yard setback shall be six (6) feet.
4. For through lots, the street frontage where the closest principal buildings on each end of the lot that have the lesser setback shall be considered the front yard.
5. For corner lots, the following special setback requirements apply to the street frontages of the two (2) intersecting streets.
(a) One of the setbacks of a new structure shall match the lesser front setback of the closest principal building on that block and on that street frontage.
(b) The other frontage's setback shall be six (6) feet or less.
b. Side Yard:
1. Minimum side for existing lots ranging in size from two thousand five hundred to three thousand four hundred ninety-nine (2,500-3,499) square feet. A minimum side yard setback of three (3) feet is required, but the following regulations shall apply:
(a) The side yard setback is allowed to be zero instead of three (3) feet if the closest building on the adjacent lot has three (3) feet of setback from the common lot line.
(b) The side yard setback is also allowed to be zero instead of the above minimum if the closest building on the adjacent lot has a zero setback from the common lot line and the new structure's wall can be built flush with the adjacent building's wall.
(c) No new construction shall encroach within three (3) feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback area from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
(d) No side yard shall be of a distance between zero and three (3) feet.
2. Minimum side for lots resulting from a post-2006 subdivision and for existing lots with three thousand five hundred (3,500) square feet or more area:
A minimum side yard setback of three and one-half (3.5) feet is required, but the following regulations also apply:
(a) The side yard setback is allowed to be zero instead of three and one-half (3.5) feet if the closest building on the adjacent lot has three (3) feet of setback from the common lot line.
(b) The side yard setback is also allowed to be zero instead of the above minimum if the closest building on the adjacent lot has a zero setback from the common lot line and the new structure's wall can be built flush with the adjacent building's wall.
(c) No new construction shall encroach within three (3) feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback area from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
(d) No side yard shall be of a distance between zero and three and one-half (3.5) feet.
c. Rear Yard. The minimum allowable rear yard shall be twenty (20) feet.
d. Lot Area per Family. One (1) family shall be permitted for each one thousand five hundred (1,500) square feet of lot area.
What follows within this item is a special exceptional regulation that allows for and applies only to construction of freestanding structures on existing isolated lots that are less than thirty-five (35) feet wide. These lots must be at least twenty-five (25) feet wide and have at least two thousand five hundred (2,500) square feet. For this type of lot, only one- or two-family dwellings are permitted to be constructed. If more than two of these lots are adjacent to each other, this exceptional standard does not apply, and the lots must be merged and construction must adhere to the above regulation for larger lots that are thirty-five (35) feet or greater in width. The special standard is below:
One (1) family shall be permitted for each one thousand two hundred (1,200) square feet of lot area.
e. Courts. The court regulations are the same as those in First Residence Districts.
f. Coverage, Building Width and Floor Area. No townhouse shall occupy more than fifty (50%) percent of the lot area. In addition, the minimum floor area for each townhouse family unit shall be seven hundred fifty (750) square feet exclusive of basements, garages and open porches.
g. Fencing. The maximum allowable fence height shall be four (4) feet for front yards and six (6) feet for side yards to the rear building setback for the main structure on the lot except if the lot abuts a commercial or industrial property or zone whereby the maximum allowable fence height shall be six (6) feet.
h. Minimum amount of area on exterior walls devoted to transparent glazing for development on lots with five thousand (5,000) or less square feet and/or fifty (50) feet or less of width.
1. For the primary front facade a minimum of thirty (30%) percent of the wall area shall be devoted to transparent windows or doorway areas.
2. For street facing side or rear walls of structures on corner lots or through lots, a minimum of twenty (20%) percent of the wall area shall be devoted to transparent windows or doorway areas.
3. For non-street facing walls, the greater of a minimum of ten (10%) percent of wall area or the maximum amount allowed by construction code shall be devoted to transparent windows or doorway areas.
4. All transparent glazing areas on door panels count toward this requirement, but door panels themselves do not count towards this requirement.
i. Yard impervious area for development on lots with five thousand (5,000) or less square feet and/or fifty (50) feet or less of width.
1. Maximum of fifty-five (55%) percent of front yard lot area.
2. Only one (1) driveway area shall be permitted in the front yard.
3. At side yards, a paved walkway is only permitted along one (1) side of a dwelling.
j. Lot Size. For new lots created by subdivision for freestanding structures, the width of the lot shall not be less than thirty-five (35) feet and the total lot area shall not be less than three thousand five hundred (3,500) square feet. Lots for townhouses must be at least twenty (20) feet wide.
(R.O. 1966 C.S. §27:3-9; Ord. 6 S+FC, 11-5-92; Ord. 6 S+FE, 4-19-95; Ord. 6 S+FX, 7-12-95; Ord. 6 S+FE, 10-3-95 §1; Ord. 6 S+FB, 12-21-00 §1; Ord. 6 S+FC, 2-20-02 §1; Ord. 6 S+FB, 12-22-04 §1; Ord. 6 S+FA, 6-4-08 § 1)
Provisions for off-street parking space shall be provided as required by Section 40:5-1 et seq. (R.O. 1966 C.S. §27:3-10; Ord. 6 S+FE, 4-19-95; Ord. 6 S+FX, 7-12-95)
The regulations set forth in this Article, or set forth elsewhere in this Title when referred to in this Article, are the district regulations in Third Residence Districts. (R.O. 1966 C.S. §27:3-11)
Permitted uses shall only be those listed in the column entitled 3rd Residential District in Section 40:3-65 Permitted Uses by District, Table 1: Residential District. (R.O. 1966 C.S. §27:3-12; Ord. 6 PSF-A(S), 7-14-09 Exh. A)
Except as hereinafter provided in Section 40:4-1 et seq., no building shall exceed five (5) stories or filly-five (55) feet in height except that for townhouses, one-family dwellings, two-family dwellings, and three-family dwellings, the height of a building shall not exceed three (3) stories or thirty-five (35) feet. (R.O. 1966 C.S. §27:3-13; Ord. 6 S+FA, 12-7-94; Ord. 6 S+FB, 12-21-00 §1; Ord. 6 S+FB, 12-22-04 §1)
Except as hereinafter provided in Section 40:4-1 et seq.:
a. Front Yard for Development on Lots with 5,000 or Less Square Feet and/or 50 Feet or Less of Width. Front yard setback standards shall be measured to the structural front walls of applicable buildings and shall not be based on the locations of open or enclosed porches, balconies, or bay windows. Small sections of a new facade may also be recessed deeper than the required setback to allow for architectural interest in the new building.
1. The front setback of a new structure shall match the shorter front setback of the two (2) closest principal buildings on each side of the project site on the same block frontage as the site.
2. Bay windows (with no wall section wider than six (6) feet), balconies, stoops, and porches are permitted to encroach into the front setback area.
3. When the block has no existing development to serve as the reference for the required setback, the front yard setback shall be six (6) feet.
4. For through lots, the street frontage where the closest principal buildings on each end of the lot that have the lesser setback shall be considered the front yard.
5. For corner lots, the following special setback requirements apply to the street frontages of the two (2) intersecting streets.
(a) One of the setbacks of a new structure shall match the lesser front setback of the closest principal building on that block and on that street frontage.
(b) The other frontage's setback shall be six (6) feet or less.
b. Rear Yard Except as hereinafter provided in Section 40:4-1 et seq., the minimum allowable rear yard shall be twenty (20) feet.
1. For lots of two thousand five hundred (2,500) to three thousand two hundred (3,200) square feet, a maximum of two (2) dwelling units is permitted, but a maximum of three (3) dwelling units is permitted on such lots located within one thousand two hundred (1,200) feet (measured in a straight line) of a station for light rail, PATH train, Bus-Rapid-Transit (a unique system operated by NJ Transit or its successor/assignee that is different from standard local or express bus service), or commuter rail service.
2. For lots of three thousand two hundred one (3,201) to four thousand nine hundred ninety-nine (4,999) square feet, a maximum of three (3) dwelling units is permitted.
3. For lots of larger than five thousand (5,000) to six thousand (6,000) square feet, a maximum of four (4) dwelling units is permitted.
4. For lots larger than six thousand one (6,001) square feet, one (1) family shall be permitted on each floor for each one thousand two hundred (1,200) square feet of lot area, except that this regulation shall not apply to large scale developments on a lot, or a series of adjacent lots measuring, in the aggregate, two (2) acres or more, nor shall it apply to townhouses.
d. Courts. The court regulations are the same as those in the First Residence Districts, except that for townhouses this regulation does not apply.
e. Side Yards.
1. Minimum side for existing lots ranging in size from two thousand five hundred to three thousand four hundred ninety-nine (2,500-3,499) square feet:
A minimum side yard setback of three (3) feet is required, but the following regulations also apply:
(a) The side yard setback is allowed to be zero instead of three (3) feet if the closest building on the adjacent lot has three (3) feet of setback from the common lot line.
(b) The side yard setback is also allowed to be zero instead of the above minimum if the closest building on the adjacent lot has a zero setback from the common lot line and the new structure's wall can be built flush with the adjacent building's wall.
(c) No new construction shall encroach within three (3) feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback area from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
(d) No side yard shall be of a distance between zero and three (3) feet.
2. Minimum side for lots resulting from a post-2006 subdivision and for existing lots with three thousand five hundred (3,500) square feet or more area: A minimum side yard setback of three and one-half (3.5) feet is required, but the following regulations also apply:
(a) The side yard setback is allowed to be zero instead of three and one-half (3.5) feet if the closest building on the adjacent lot has three (3) feet of setback from the common lot line.
(b) The side yard setback is also allowed to be zero instead of the above minimum if the closest building on the adjacent lot has a zero setback from the common lot line and the new structure's wall can be built flush with the adjacent building's wall.
(c) No new construction shall encroach within three (3) feet of another building's windows or other fenestrations nor block emergency access to those fenestrations. In cases where the side yard setback is to be zero, the setback area from that adjacent building's fenestrations shall only extend from the location of the fenestration to the rear of the new structure.
(d) No side yard shall be of a distance between zero and three and one-half (3.5) feet.
f. Coverage, Building Width and Floor Area. No townhouse shall occupy more than fifty (50%) percent of the lot area. In addition, the minimum floor area for each townhouse family unit shall be seven hundred fifty (750) square feet exclusive of basements, garages and open porches, except that in the case of large scale developments on a lot, or a series of lots measuring, in the aggregate, two (2) acres or more, the maximum floor area ratio shall be three (3) and no more than two-thirds (2/3) of the lot area shall be occupied by buildings.
g. Spacing Between Two (2) or More Buildings on a Single Lot.
1. In the case of buildings which have windowless walls facing or overlapping each other in any manner, either parallel or oblique, the minimum distance between such windowless walls shall be at least twenty (20) feet at any point and any given level.
2. In the case of adjacent buildings that do not face or overlap each other, the minimum spacing between the corners of such buildings shall be at least ten (10) feet at any given point and any given level.
3. In the case of buildings which have walls containing windows facing or overlapping any other wall, in any manner, either parallel or oblique, the minimum distance at any given point and any given level shall be measured by adding the average height of the two (2) facing or overlapping walls and dividing the sum by two (2), except that in the case of walls which overlap twenty (20) feet or less, the required spacing need not exceed twenty (20) feet between such walls.
h. Fencing. The maximum allowable fence height shall be four (4) feet for front yards and six (6) feet for side yards to the rear building setback for the main structure on the lot except if the lot abuts a commercial or industrial property or zone whereby the maximum allowable fence height shall be six (6) feet.
i. Lot Size. For new lots created by subdivision for freestanding structures, the width of the lot shall not be less than thirty-five (35) feet and the total lot area shall not be less than three thousand five hundred (3,500) square feet. Lots for townhouses must be at least twenty (20) feet wide.
j. Minimum Amount of Area on Exterior Walls Devoted to Transparent Glazing for Development on Lots with 5,000 or Less Square Feet and/or 50 Feet or Less of Width.
1. For the primary front facade a minimum of thirty (30%) percent of the wall area shall be devoted to transparent windows or doorway areas.
2. For street facing side or rear walls of structures on corner lots or through lots, a minimum of twenty (20%) percent of the wall area shall be devoted to transparent windows or doorway areas.
3. For non-street facing walls, the greater of a minimum of ten (10%) percent of wall area or the maximum amount allowed by construction code shall be devoted to transparent windows or doorway areas.
4. All transparent glazing areas on door panels count toward this requirement, but door panels themselves do not count towards this requirement.
k. Yard Impervious Area for Development on Lots with 5,000 or Less Square Feet and/or 50 Feet or Less of Width.
1. Maximum of fifty-five (55%) percent of front yard lot area.
2. Only one (1) driveway area shall be permitted in the front yard.
3. At side yards, a paved walkway is only permitted along one (1) side of a dwelling.
(R.O. 1966 C.S. §27:3-14; Ord. 6 S+FC, 11-5-92 §3; Ord. 6 S+FB, 12-21-00 §1; Ord. 6 S+FC, 2-20-02 §2; Ord. 6 S+FB, 12-22-04 § Ord. 6 S+FA, 6-4-08 § 1)
