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Bass River City Zoning Code

CHAPTER 17

12 - ZONING REQUIREMENTS GENERALLY

17.12.010 - Use regulations.

No use or occupancy of any building, structure or land shall hereafter be changed to a different use or occupancy and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered unless it conforms with all of the regulations herein specified for the district in which it is located except as hereinafter provided. Except as otherwise authorized in this title, the extraction or mining of mineral resources other than sand, gravel, clay, and ilmenite is prohibited.

(Ord. 89-8 § 5.1)

17.12.020 - Public street frontage.

Every principal building shall be built upon a lot having frontage on a public street which either has been approved to township standards or for which such improvements have been insured by the posting of a performance guarantee pursuant to the provisions of the land subdivision ordinance of the township.

(Ord. 89-8 § 5.2)

17.12.030 - Space used once.

No part of a yard, or 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 title shall be included as part of a yard, open space or off-street parking or loading space similarly required for any other building.

(Ord. 89-8 § 5.3)

17.12.040 - Yard reduction prohibited.

No yard or lot existing at the time of passage of this title shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this title shall meet at least the minimum requirements established by the title.

(Ord. 89-8 § 5.4)

17.12.050 - Uniformity.

Within each district, the regulations set by this title shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.

(Ord. 89-8 § 5.5)

17.12.060 - Existing lots.

A lot failing to meet the district requirements for area or width and which is demonstrated to have been of public record and not contiguous to other land in the same ownership at the time of enactment of this title, may be used for a permitted use in the district in which it is located under the following conditions:

A.

In F and RD lots existing as of the effective date of the ordinance codified in this title having an area of at least one acre may be used as if conforming to the area requirements hereof and the yard requirement for such lots shall be front seventy-five (75) feet, side twenty-five (25) feet and rear fifty (50) feet. In the Pinelands area, the dwelling unit to be constructed must be the principal residence of the property owner or a member of the immediate family of the property owner and the parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family, or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.

B.

In F with respect to subdivisions after the date of this title, the minimum lot size shall be 3.2 acres, but the number of lots permissible to be divided from any parcel shall be calculated at a density of one lot per fifteen (15) acres, one residential unit will be permitted.

(Ord. No. 1997-4, § 9; Ord. 89-8 § 5.6)

17.12.070 - Contiguous lots.

If two or more lots or combinations of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this title, and if all or part of the lots do not meet the requirements for lot width and area as established by this title, the lands involved shall be considered to be an undivided parcel for the purpose of this title and no portion of such parcel shall be used or sold which does not meet lot width and area requirements established by this title, nor shall any division of the parcel be made which leaves any remaining lot with width or area below the requirements stated in this title.

(Ord. 89-8 § 5.7)

17.12.080 - Required open space and exceptions.

All required yard and other open areas shall be maintained with no portion of such area used as building area or covered by an impervious surface. The following shall constitute the only exceptions permitted in calculating open space: animal feeding areas, arbor and trellises, barbecues or outdoor fireplaces, building projections, cultivated fields or gardens, fences, flagpoles and clothesline poles, outdoor furniture, playground equipment or games, ponds and streams, private sewage disposal systems, swimming pools, temporary garden structures, tree wells, water systems, air conditioning units or private power generating units. No structure, projection or other improvement shall be erected within three feet of any street or road line.

(Ord. 89-8 § 5.8)

17.12.090 - Projections.

Building projections including bays, chimneys, cornices and gutters may extend into required yard areas for a distance not to exceed five feet and shall not be located within ten (10) feet of any property line.

(Ord. 89-8 § 5.9)

17.12.100 - Lot coverage.

The building area of all roofed structures and buildings shall be included in the determination.

(Ord. 89-8 § 5.10)

17.12.110 - Height exceptions.

All buildings and structures shall be subject to the height limitations specified in the schedule of district regulations except:

A.

Antennas which do not exceed a height of two hundred (200) feet and which are accessory to an otherwise permitted use, church spires, cupolas, domes, monuments, water towers, fire observation towers, electric transmission lines and supporting structures, windmills, smokestacks, derricks, conveyors, flag poles and masts, or aerials, solar energy facilities, chimneys and similar structures to be placed above the roof level and not intended for human occupancy. The height of any such structure above the base on which it is fixed or attached shall not exceed two times the district height restriction nor be greater than the shortest distance from such base to any property line;

B.

Silos, barns and other agricultural structures;

C.

The antenna and any supporting structure of a local communication facility of greater than thirty-five (35) feet, provided that the standards set forth in N.J.A.C. 7:50-5.4(c) are met.

(Ord. No. 1997-4, § 10; Ord. 89-8 § 5.11)

17.12.120 - Comprehensive plan or official map setbacks.

Where building lot has frontage on a road that is proposed for right-of-way widening on the master plan or official map of the township, the required front yard area shall be measured from such proposed right-of-way line.

(Ord. 89-8 § 5.12)

17.12.130 - Schedule of district regulations adopted.

District regulations, as set forth in the Bass River Township Zoning Ordinance, "Schedule of District Regulations," are adopted by reference and declared to be a part of this title. Supplementary general standards and requirements are contained in Article VIII and supplementary special standards and requirements relating to certain uses are contained in Article IX. Boarding horses and other large animals subject to site plan review by planning board—boarding and keeping of under twenty (20) horse and other large animals considered home occupation; over twenty (20) horses or other large animals considered commercial use.

(Ord. 2004-4 § 5; Ord. 2001-8 § 3; Ord. 89-8 § 7.1)

17.12.140 - Use regulations.

No use shall be permitted in a zoning district other than uses listed as uses permitted by right; as shown in the schedule of district regulations. The board of adjustment shall decide questions concerning interpretation of the use lists. No more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management, and recreational development on agricultural lands.

(Ord. 89-8 § 7.2)

17.12.150 - Space regulation.

No lot shall be smaller in area or width than the minimum lot area and width requirements for the zoning district in which it is located, as shown on the township zoning map and specified in the township schedule of district regulations. Additionally, no lot shall be smaller in size required for the location of an on-site sewage disposal system at a sufficient distance from all of the lot lines of the lot to insure that the ground or surface water beyond the lot lines will not be reduced below state water quality standards taking into account the soil and hydrological conditions of the lot.

(Ord. 89-8 § 7.3)

17.12.160 - Yard dimensions.

No yard shall have a horizontal dimension, measured according to appropriate definitions contained in Section 17.04.030, less than the minimum yard dimensions specified for the zoning district in which the yard is located as shown on the township zoning map and specified in the township schedule of district regulations.

(Ord. 89-8 § 7.4)