No land, lot or premises and no building or structure shall be used for any purpose other than those permitted by Articles VIII through XI for the zone in which it is located. No building or structure may be erected, razed, moved, extended, enlarged or altered unless such action is in conformity with the regulations provided for the zone in which the said building or structure is located. Any deviation proposed from the use and bulk requirements of this chapter shall require a variance pursuant to N.J.S.A. 40:55D-70 et seq.
A. Every lot shall contain front, rear and side yards as required in the zone in which said lot is located unless otherwise regulated. All lots shall have a minimum of one front yard fronting on a street, as defined in N.J.S.A. 40:55D-7, which has been improved to Township standards or accepted by the Township.
B. No open space which has been counted or included as part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with yard, court or other open space requirement of any other building.
A. A lot which at the time of the adoption of this revised chapter (July 1981) fails to comply with the minimum lot size requirements of this chapter and is located within a residential zone may be used for the construction of a single-family home without application to the Zoning Board of Adjustment, subject to the following:
(1) If not serviced by central sewer, the minimum lot size shall be 40,000 square feet and the front, rear and side yard requirements of the ARE-1 Zone shall be met.
(2) If serviced by central sewer, the minimum front, rear and side yards of the zone must be met regardless of lot size.
B. In the event that a lot which fails to comply with the minimum lot size requirements of this chapter is contiguous with and in the same ownership as another lot, such lots shall be deemed merged and construed to be one lot for all purposes. Use thereof as other than one lot is prohibited except as may be authorized by subdivision approval.
Lots of less than 15,000 square feet and developed with single-family residential uses at the time of adoption of this chapter (July 1981) may be further developed in accordance with the following schedule:
A. Minimum front yard: 25 feet on internal streets, 40 feet on off-site public roadways.
B. Minimum rear yard: 25 feet.
C. Minimum side yards: eight feet.
All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirement of the zone. One of the remaining yards shall be designated the rear yard and the other a side yard and shall meet the rear and side yard setback requirements respectively in the zone.
Flag lots shall be permitted in all single-family residential zone districts subject to the following:
A. Minimum lot size: six acres.
B. Minimum road frontage: 30 feet.
D. Driveway fencing and/or screening shall be required at the discretion of the Planning Board.
[Amended 12-14-2010 by Ord. No. 0-10-28; 5-24-2011 by Ord. No. 0-11-13; 12-13-2011 by Ord. No. 0-11-47]
Only one principal building may be erected on a lot except for related compatible buildings constituting one basic use or operation under one management. This exception shall be limited to the following uses:
A. Planned residential or multifamily developments.
B. Public or institutional building complexes.
C. Retail facilities as regulated in this chapter.
D. Industrial or manufacturing building complexes.
E. Farms.
F. Planned developments.
G. Solar energy generation facility.
H. Gasoline station and convenience center.
No lot, yard, parking area or other open space shall be so reduced in area or dimension as to make it less than the minimum required under this article. No lot, yard, parking area or other open space which is already less than the minimum required under this article shall be further reduced in area or dimension.
No steps, fences, walls or any other aboveground object shall extend into any street right-of-way.
A. The height limitations required in each zone shall not apply to steeples of houses of worship, masts, flagpoles, antennas and private radio towers. The maximum height for these uses shall not exceed 50 feet or the height limitation for the zone in which it is located, whichever is greater. Any freestanding antenna or radio tower shall be set back from all lot lines a distance equal to its height.
B. In all nonresidential zones, penthouses or roof structures for elevators, stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, chimneys or similar structures may be erected above the height limits prescribed by this chapter but in no case shall exceed 10% of the maximum height permitted in the zone and further provided that not more than 10% of the roof area is occupied by such facilities.
No building shall be erected and no building shall be reconstructed or altered so as to project in any way beyond the average setback lines observed by existing buildings on the same side of the street within the block at the time of the passage of these regulations. Where the block affected has a length of more than 1,000 feet between its intersecting streets, the average setback line observed by buildings on the same side of the street within 300 feet on each side of the lot in question shall control.
A. Shopping centers and office complexes and industrial complexes may have more than one building on a lot and more than one permitted use within a building in the NC, HC, HD-1, HD-2 and SED Zones, except as limited in the specific provisions of those zones.
B. Where lots are not subdivided, but separate portions of the tract are leased, each lease portion of the tract shall be designed in accordance with the zoning provisions as though they were separate lots with one principal use per lot.
[Added 5-15-2007 by Ord. No. 0-07-19; amended 5-10-2011 by Ord. No. 0-11-10]
The following general conditions are applicable to sexually oriented businesses as defined in § 188-4, where they are not prohibited. This use may only be permitted upon receipt of a conditional use permit from the Planning Board and any other applicable requirements of this chapter or the Planning Board.
A. No establishment shall be located closer than 1,000 feet to any school, hospital, church, library, park, playground or public building.
B. No establishment shall be located closer than 3,000 feet to any other sexually oriented business, tattoo, body piercing or branding establishment.
C. No establishment shall be located closer than 2,000 feet to an area zoned residential, neighborhood commercial, or mixed-use development.
D. When any existing building is converted from any use to said establishments, a full and complete site plan shall be submitted and reviewed in accordance with the provisions of this chapter.
E. An establishment shall only be located in a freestanding commercial building.
F. In addition to district-specific sign regulations, the use of neon signs on sexually oriented business establishments, in window displays, or use in any other manner is prohibited.
[Amended 8-19-2002 by Ord. No. 0-02-30; 6-29-2010 by Ord. No. 0-10-12]
A. Every application for site plan approval or major subdivision approval on lots of one acre or more shall contain a fifty-foot perimeter buffer or farmland buffer easement, as the case may be. Said buffer areas are required along all lot and street lines separating residential uses from arterial and collector streets, separating a nonresidential use from either a residential use or residential zoning district line or active farmland. Nonresidential site plans abutting nonresidential uses or zones shall not require a buffer. Where an application is adjacent to a farmland assessed qualified farm, all filed maps and deeds must contain the "farm notice" language set forth as follows: [Amended 6-24-2014 by Ord. No. 0-14-10]
The Grantee acknowledges that the properties described herein are adjacent to a qualified farm and that such farm may emit noise, odors, and dust that may be objectionable, however, Grantee further acknowledges that by acceptance of the within conveyance grantee hereby waives objection to such farm activities, noise, odor and dust.
B. The requirement of a permanent fifty-foot-wide perimeter buffer easement, measured from the property line, shall be provided by the applicant around all major subdivisions, and shall be in addition to any land area that is required under ordinance for use as a side and rear yard setback area for proposed residential lots.
C. Screening. Site plans for lots of less than one acre shall include a ten-foot-wide dense perimeter screening of sufficient height and density to mitigate adverse glare and aesthetic impacts upon adjacent residential zones or uses.
D. No structure, disturbance, storage of materials or parking of vehicles shall be permitted in a buffer area. Access points from public roadways and utility infrastructure as well as fences along the rear property lines, as the case may be, shall be excluded from this subsection of this section. Utility infrastructure does not include stormwater management facilities. Stormwater retention/detention basins are not permitted within a buffer area.
E. A required buffer between residential and a commercial or industrial project development shall contain a fifty-foot-wide, four-season buffer, unless such nonresidential use is preexisting, in which case the residential use shall provide the required buffer. The buffer shall consist of at least two of the following:
(1) Landscaped, fencing or walls at least 10 feet high.
(2) Landscaped berm at least six feet high.
(3) A building setback, measured from the buffer line, of at least 200 feet with a grade of less than 20% with groups of plantings and trees located to enhance architectural feature(s) of the structure and offer a break to large open areas, but with no other use permitted in this area.
(4) A parking area setback at least 100 feet and screened as required under the off-street parking provisions.
F. All buffer areas shall be planted and maintained with either grass or ground cover together with a screen of live shrubs or scattered planting of live trees, shrubs, or other plant material meeting the following requirements:
(1) The preservation of natural wooded tracts shall be an integral part of all site plans and subdivisions may be calculated as part of the required buffer area, provided that the growth is of density and the area is of a width to serve the purpose of a buffer. Where additional plantings are necessary to establish an appropriate tone for an effective buffer, said plantings may be required.
(2) Plant materials used in screen planting shall be evergreens at least six feet to eight feet in height when planted, be balled and burlapped nursery stock, and be of such density as will obscure, throughout the full course of the year, the glare of automobile headlights emitted from the premises.
(3) The screen planting shall be so placed that at maturity it will not be closer than three feet from any street or property line.
(4) Trees shall be at least 10 feet in height and 2 1/2 inches in caliper when planted and will be hardy and thrive in the area, of balled and burlapped nursery stock, and free of insect and disease.
(5) Any plant material which does not live shall be replaced within two years from release of the performance bond.
(6) Screening plantings and landscaping shall be broken at points of vehicular and pedestrian access to assure a clear sight triangle.
G. The Planning Board or Zoning Board may permit variances from the requirements of this section upon a showing by the applicant that an alternate proposal employing the buffering elements set forth herein will achieve the desired buffering effect. If the Planning Board or Zoning Board determines that any of these alternate provisions will not be a sufficient buffer, the Board may require the proposal to be modified to show such additional buffering as shall be required to provide the desired buffering effect.
[Added 6-24-2002 by Ord. No. 0-02-26]
A. The purposes of this section are to:
(1) Permit home office usage for home occupations and blue-collar trades, which are incidental to the residential use of the premises, are compatible with residential uses, are limited in extent, degree and time, and do not detract from the residential character and quality of the neighborhood, with the foregoing to be considered in the context of an evaluation of the impact of such uses outside of the confines of the residential dwelling itself.
(2) Encourage incubator or start-up business activities and/or blue-collar trades within the context of a home office, as defined herein, for later removal to an appropriate nonresidential zone as the business grows and succeeds beyond the limitations and restrictions appropriate for a residential zone.
(3) Protect residential areas from any adverse impacts associated with home occupations and protect residential property values.
(4) Ensure that the health, safety and welfare of neighbors and residents are protected and that their rights are not compromised in any manner whatsoever by the operation of the particular home occupation.
B. A home office use is an office activity, carried on for gain by a resident in a dwelling unit, clearly accessory and secondary to the use for living purposes, which shall be a permitted accessory use in residential zone districts, provided that:
(1) The use is operated by or employs, in the residence only, only a resident or residents who are permanent full-time residents of the dwelling unit and no other person.
(2) No nonresident employees, customers, or business invitees or guests shall use or visit the dwelling unit for business purposes.
(3) The accessory office use shall occupy a maximum of 10% of the gross floor area of the residence, but in no instance greater than 750 square feet, shall not be served by an entrance separate from the household, nor shall the room have separate kitchen or bath facilities.
(4) There shall be no exterior storage of materials.
(5) There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use, including, but not limited to, parking, storage, or lights.
(6) The use shall not operate any equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio or television reception, detectible by neighboring residence.
(7) The home office use operates solely within the residence, no outdoor activities permitted; the home office use shall not be evident from outside of the home.
(8) No merchandise or products shall be offered for sale upon the residential premises, nor shall there be any window or other display of any kind.
(9) The use does not require any increased or enhanced electrical or water supply.
(10) The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(11) The capacity and quality of sanitary sewerage affluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components.
(12) Delivery trucks shall be limited to US Postal Service, United Parcel Service, Federal Express, and other similar delivery services providing regular services to residential uses in the zone district.
(13) All vehicle traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.
(14) There shall be no signage of any type identifying the accessory home office usage.
C. Prohibited uses. Those uses, such as but not limited to the following, which by the nature of the investment or operation, have a pronounced tendency once commended, to rapidly increase and escalate beyond the limits permitted and beyond the impacts to be reasonably anticipated from residential purposes and are more suited to professional, business, or agricultural districts and therefore are prohibited:
(1) Retail merchandising.
(2) Boarding and breeding kennels for dogs and cats.
(3) The raising of livestock for market.
(4) Medical or dental clinics.
(5) Funeral homes.
(6) Auto repair for other than a resident, the painting of vehicles, trailers and boats of and for a person other than the residents.
(7) Private schools with organized classes.
(8) Welding or machine shops.
(9) Equipment rental.
(10) Massage parlors.
