Denville Township City Zoning Code
ARTICLE XXX
Uses Permitted in all Residence Districts
§ 600-202 Primary intended use.
[Amended by Ord. No. 9-85; Ord. No. 27-86; Ord. No. 18-01]
The C, R-C, R-1, R-1B, R-2, R-2A and R-3 Zones permit single-family residences only. The R-4 Zone permits one- and two-family residences only. In addition to the above, the C, R-C, R-1, R-1B, R-2, R-2A, R-3 and R-4 Zones permit the following uses:
A.
Public buildings and public or institutional uses, as set forth in Article XXIX, Conditional Uses.
C.
Accessory uses customary incident to the permitted uses provided they do not include any activity customarily carried on as a business, other than farming, unless specifically permitted by this section.
D.
Private garages accessory to a dwelling or farm for the storage of vehicles owned or used by the residents of the dwelling or farm.
G.
The office or studio of a doctor, physician, surgeon, dentist, teacher of academic subjects, artist, musician, lawyer, architect, engineer or like professional persons residing on the premises as may be determined by the Board of Adjustment, provided that not more than one person not a resident in the dwelling is employed in such office, and not more than 1/2 the floor area of one story of the dwelling is devoted to such use.
H.
No more than two persons being sheltered or fed for profit per single-family dwelling.
I.
Farming and truck gardening and the sale of seasonal farm produce grown on the farm or truck garden. Any accessory building or manure pile shall not be located closer than 250 feet to any street right-of-way or property line or dwelling, and shall only be permitted on a tract of land five acres or larger in area. All pastoral farm animals and fowl shall be contained within a building or fenced enclosure which shall restrict animals or fowl a distance of at least 250 feet from any property line and shall be permitted on a tract of land of five acres or larger in area. This shall not be construed to permit commercial piggeries. The regulations in this subsection shall not restrict house pets.
J.
Commercial nurseries or greenhouses accessory and incidental to a permitted agricultural operation for starting and growing plant materials, provided such structures are located no closer than 50 feet to any lot line. This shall not be construed to permit landscape contracting firms, processing of firewood or other such commercial activities in residence zones.
§ 600-203 Prohibited uses.
Any uses other than those listed in § 600-202 are prohibited in all residential zones.
§ 600-204 Required conditions in C Conservation District.
[Amended by Ord. No. 1-92; Ord. No. 23-97]
The following requirements must be complied with in the C Conservation District.
A.
Height. No building shall exceed 2 1/2 stories, provided the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of not less than 100 feet, with a rear yard of at least 100 feet and side yards of at least 50 feet, provided, however, under the terms of open space reductions as hereinafter regulated, the front yard may be reduced to 50 feet and side yards to 30 feet.
C.
Floor area. Any floor level above the ground floor level shall have a minimum horizontal ceiling height of seven feet six inches, with side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 81,000 square feet measured within 360 feet of the front street property line, provided, on the turn-around portion of a cul-de-sac or outside curve of a curved street, each lot shall have frontage along the front street property line of at least 80 feet and a lot width of at least 225 feet measured along a line 100 feet from the front street property line. If the Planning Board has approved the use of a cluster option plan pursuant to § 600-213, lots shall be reduced in area to not less than 30,000 square feet measured within 200 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 150 feet measured along a line 50 feet from the front street property line nor a width at the front street property line on the turn-around portion of a cul-de-sac or outside curve of a curved street of less than 70 feet.
(2)
Any lot in the tract facing upon an arterial street as shown on the master plan or Official Map shall have a minimum width at the front street property line of 175 feet.
§ 600-205 Required conditions in the R-C Residential Conservation District.
[Amended by Ord. No. 1-92; Ord. No. 23-97]
The following requirements must be complied with in the R-C Residence District:
A.
Height. No building shall exceed 2 1/2 stories, provided the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of not less than 50 feet, a rear yard of at least 50 feet and side yards of at least 30 feet each.
C.
Floor area. Any floor level above the ground floor level shall have a minimum horizontal ceiling height of seven feet six inches, with side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 40,250 square feet measured within 230 feet of the front street property line, provided, on the turn-around portion of a cul-de-sac or outside curve of a curved street, each lot shall have frontage along the front street property line of at least 70 feet and a lot width of at least 135 feet measured along a line 100 feet from the front street property line. If the Planning Board has approved the use of a cluster option plan pursuant to § 600-213, lots shall be reduced in area to not less than 25,000 square feet measured within 200 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 135 feet measured along a line 100 feet from the front street property line nor a width at the front street property line on the turn-around portion of a cul-de-sac or the outside curve of a curved street of less than 70 feet.
(2)
Any lot in the tract facing upon an arterial street as shown on the master plan or Official Map shall have a minimum width at the front street property line of 175 feet.
§ 600-206 Required conditions in the R-1 District.
[Amended by Ord. No. 16-87; Ord. No. 1-92; Ord. No. 23-97]
The following requirements must be complied with in the R-1 Residence District:
A.
Height. No building shall exceed 2 1/2 stories, provided, the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of not less than 50 feet, a rear yard of at least 50 feet and side yards of at least 30 feet each.
C.
Floor area. Any floor level above the ground floor level shall have a minimum horizontal ceiling height of seven feet six inches, with side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 40,250 square feet measured within 230 feet of the front street property line, provided, on the turn-around portion of a cul-de-sac or outside curve of a curved street, each lot shall have a frontage along the front street property line of at least 70 feet and a lot width of at least 135 feet measured along a line 100 feet from the front street property line. If the Planning Board has approved the use of a cluster plan pursuant to § 600-213, lots shall be reduced in area to not less than 30,000 square feet, measured within 200 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 135 feet measured along a line 100 feet from the front street property line nor a width at the front street property line on the turn-around portion of a cul-de-sac or the outside curve of a curved street of less than 70 feet.
(2)
Any lot in the tract facing upon an arterial street as shown on the master plan or Official Map shall have a minimum width at the front street property line of 175 feet.
§ 600-207 Required conditions in the R-1A Zone.
[Added by Ord. No. 7-87; amended by Ord. No. 19-87; Ord. No. 1-92]
The following requirements must be complied with in the R-1A Zone:
A.
Heights. No building shall exceed 2 1/2 stories, provided, however, the building is no higher than 35 feet.
B.
Yards. There shall be a front yard and rear yard of at least 100 feet and a side yard setback of at least 50 feet.
C.
Lot area. Every lot shall contain a minimum lot area of 208,000 square feet provided that each lot shall have a minimum width of 400 feet and a minimum depth of 520 feet.
D.
Prior to the issuance of a building permit each lot shall receive site plan approval and provision shall be made for a minimum of two parking spaces.
E.
If the Planning Board has approved the use of a cluster option plan pursuant to § 600-213, lots shall be reduced in area to not less than 81,000 square feet measured within 360 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 175 feet measured along a line 100 feet from the front street property line nor a width at the front street property line on the turn-around portion of a cul-de-sac or outside curve of a curved street of less than 90 feet.
(2)
Any lot in the tract facing upon an arterial street as shown on the master plan or Official Map shall have a minimum width at the front street property line of 175 feet.
§ 600-208 Required conditions in the R-1B Zone.
[Added by Ord. No. 27-86; amended by Ord. No. 19-87; Ord. No. 1-92]
The following requirements must be complied with in the R-1B Zone:
A.
Height. No building shall exceed 2 1/2 stories, provided the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of not less than 100 feet, with a rear yard of at least 100 feet and side yards of at least 50 feet, provided, however, under the terms of open space reductions as hereinafter regulated, the front yard may be reduced to 50 feet, the rear yard to 50 feet and side yards to 30 feet.
C.
Lot area. Every lot shall contain a minimum lot area of 81,000 square feet measured within 360 feet of the front street property line, provided, on the turn-around portion of a cul-de-sac or outside curve of a curved street, each lot shall have frontage along the front street property line of at least 80 feet and a lot width of at least 225 feet measured along a line 100 feet from the front street property line. If the Planning Board has approved the use of a cluster option plan pursuant to § 600-213, lots shall be reduced in area to not less than 30,000 square feet measured within 200 feet of the front street property line and all of the following requirements shall be complied with in their entirety:
(1)
No lot so reduced shall have a width of less than 150 feet measured along a line 50 feet from the front street property line nor a width at the front street property line on the turnaround portion of a cul-de-sac or outside curve of a curved street of less than 70 feet.
(2)
Any lot in the tract facing upon an arterial street as shown on the master plan or Official Map shall have a minimum width at the front street property line of 175 feet.
§ 600-209 Required conditions in the R-2 Zone.
[Amended by Ord. No. 10-96; Ord. No. 23-97]
The following requirements must be complied with in the R-2 Zone:
A.
Height. No building shall exceed 2 1/2 stories, provided, however, the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of at least 35 feet, a rear yard of at least 50 feet and two side yards each at least 17 feet.
C.
Floor area. Any floor level above the ground floor level shall have a minimum horizontal ceiling height of seven feet six inches, with side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 15,000 square feet measured within 150 feet of the front street property line, provided no lot shall have a minimum width measured along the front street right-of-way line of less than 100 feet.
§ 600-210 Required conditions in the R-2A Zone.
[Amended by Ord. No. 23-97; Ord. No. 12-02]
The following requirements must be complied with in the R-2A Zone:
A.
Height. No building shall exceed 2 1/2 stories, provided, however, the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of at least 30 feet, a rear yard of at least 40 feet and two side yards each at least 15 feet.
C.
Floor area. Any floor level above the ground floor level shall have a minimum horizontal ceiling height of seven feet six inches, with side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 11,200 square feet measured within 140 feet of the front street property line, provided no lot shall have a minimum width measured along the front street right-of-way line of less than 80 feet.
§ 600-211 Required conditions in the R-3 Zone.
[Amended by Ord. No. 10-90; Ord. No. 23-97; Ord. No. 10-02]
The following requirements must be complied with in the R-3 Zone:
A.
Height. No building shall exceed 2 1/2 stories, provided the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of at least 25 feet, a rear yard of at least 35 feet and side yards based on the following variable setback formula: Lot width (feet) ÷ 60 feet X eight feet. In no instances shall the minimum side yard setback be less than eight feet for lots having widths (at setback) of less than 60 feet.
C.
Floor area. Any floor level above the ground floor level shall have a minimum horizontal ceiling height of seven feet six inches, with side walls of not less than five feet.
D.
Lot area. Every lot shall contain a minimum lot area of 7,500 square feet measured within 125 feet of the front street property line, provided no lot shall have a minimum width measured along the front street right-of-way line of less than 60 feet.
§ 600-212 Required conditions in the R-4 Zone.
[Amended by Ord. No. 10-02]
The following requirements must be complied with in the R-4 Zone:
A.
Height. No building shall exceed 2 1/2 stories provided, however, the building is no higher than 35 feet.
B.
Yards. There shall be a front yard of at least 25 feet, a rear yard of at least 35 feet and side yards based on the following variable setback formula: Lot width (feet) divided by 50 feet X five feet. In no instances shall the minimum side yard setback be less than five feet for lots having widths (at setback) of less than 50 feet.
C.
Floor area. Every dwelling hereafter erected shall have a minimum floor area of 768 square feet provided no ground floor area shall be less than 600 square feet. Any floor level above the ground floor level shall have a minimum horizontal ceiling height of seven feet four inches, and side walls of not less than four feet. Two-family residences shall have a minimum floor area of 700 square feet per family.
D.
Lot area. Every lot shall contain a minimum lot area of 5,000 square feet measured within 100 feet of the front street property line, provided, two-family dwellings shall have a lot area of 10,000 square feet which must be measured within 100 feet of the front street property line and provided further, no lot shall have a minimum width measured along the front street right-of-way line of less than 50 feet, except that two-family dwellings shall have a minimum width along the front street right-of-way line of 100 feet and a minimum width along the side street right-of-way line of 100 feet for corner lots.
§ 600-213 Cluster option.
[Added by Ord. No. 1-92]
A.
Primary intended purpose. The purpose of the cluster option in the C, RC, R-1, R-1A and R-1B Residential Zones is to provide standards pursuant to N.J.S.A. 40:55D-39 or any amendments thereto which encourage and promote flexibility and economy in layout and design, as well as the conservation of natural resources. In accordance with the standards, the Planning Board may approve the varying of lot areas and dimensions, and yard, setback and coverage provisions otherwise required in the C, RC, R-1, R-1A and R-1B Zones.
B.
Standards of development. A developer of a major subdivision may propose, subject to Planning Board approval, to utilize the cluster option plan in lieu of a conventional design conforming to the requirements established for the zoning district in which the subdivision is located. All applications seeking to utilize the cluster option plan shall comply with the criteria and requirements enumerated below.
(1)
The total number of lots permitted under an approved cluster option plan, in lieu of a conventional design, shall be conclusively determined by the number of lots that would be realized by the conventional subdivision of the tract onto regulation lots which in all respects conform to this chapter and all applicable federal, state and county regulations, as determined by the Planning Board on the basis of a conventional subdivision plan submitted by the applicant. Such conventional plan shall show proposed roads and existing topographic contours as set forth in § 600-77H(6)(a)[6], but need not include plans for utilities.
(2)
A complete cluster option plan application showing reduced lot sizes pursuant to the criteria set forth in Article XXX for the applicable zone district and the proposal for the disposition of open space shall be submitted to the Planning Board, together with the conventional subdivision plan and shall include:
C.
Public hearing.
(1)
Within 45 days of receipt of a completed cluster option plan application as set forth in Subsection B(2), the Planning Board shall hold a public hearing and grant or deny the use of the cluster option plan. At the public hearing, the applicant shall have the opportunity to demonstrate that utilizing the cluster option plan would be more beneficial to the natural environment of Denville Township than the conventional zone regulations. The public shall also be afforded full opportunity to offer testimony and exhibits on any aspect of the application.
(2)
The applicant shall be required to provide notice of this public hearing in compliance with §§ 40:55D-11 and 40:55D-12 of the Municipal Land Use Law.
D.
Findings by the Planning Board. Prior to approval for the use of the cluster option plan, the Planning Board shall make the following factual findings and conclusions:
(1)
That departures by the proposed development from zoning regulations otherwise applicable to the subject property conform to the zoning ordinance criteria pursuant to § 40:55D-65c of the Municipal Land Use Law;
(2)
That the proposals for maintenance and conservation of the common open space are reliable, and the amount, location, and purpose of the common space are adequate;
(3)
That provisions regarding the physical design of the proposed development for public services, control over vehicular and pedestrian traffic, and the amenities of light and air, recreation and visual enjoyment, are adequate;
(4)
That the proposed planned development will not have an unreasonably adverse impact upon the area in which it is proposed to be established; and
(5)
In the case of a proposed development which contemplates construction over a period of years, that the terms and conditions intended to protect the interests of the public and of the residents, occupants, and owners of the proposed development in the total completion of the development are adequate.
E.
Resolution of Planning Board.
(1)
All decisions of the Planning Board on an application to use a cluster option plan shall be memorialized by a written resolution. The resolution shall set forth findings of facts and conclusions to support the Board's grant of approval or denial of the use of the cluster option plan.
(2)
A copy of the resolution shall be mailed by the Planning Board within 10 days of the date of adoption of the resolution to the applicant and if represented, to his attorney.
(3)
A brief notice of the adoption of a resolution of the Planning Board concerning the use of the cluster option plan shall be published in a newspaper of general circulation in the Township within 30 days of the adoption of the resolution.
F.
Preliminary subdivision plan application.
(1)
Upon approval by the Planning Board for the developer to proceed with the cluster option plan as set forth in Subsection E above, the developer shall proceed to submit a complete preliminary subdivision plan application with reduced lot sizes pursuant to the criteria set forth in Article XXX for the applicable zone district depicting the number of lots approved under the cluster option plan, both of which shall conform in all respects to this chapter. In addition to meeting all applicable requirements set forth in this chapter, such plan shall make provision for open space lands which meet the criteria set forth in Subsection G.
(2)
The Planning Board shall hold a public hearing on the subdivision upon application described in Subsection F(1) above, in accordance with the requirements for securing approval of preliminary subdivision set forth in the Municipal Land Use Law and this chapter. Notice and publication shall be required pursuant to the Municipal Land Use Law.
G.
Open space requirements.
(1)
The cluster option plan shall make provision for open space lands and to that end, the subdivider shall designate as open space that percentage of the total tract equal to the percentage by which the required lot areas are reduced from:
(2)
The property to be designated for open space shall be for one or more of the following purposes:
(3)
No open space area shall be less than eight acres, except in the R-1A Zone in which case no open space area shall be less than 10 acres, unless the area is to be joined to an existing parcel of Township land, the aggregate size of which shall be not less than 10 acres or unless a smaller area is shown on the master plan or Official Map.
(4)
Any subdivision employing open space zoning shall not be approved if there is more than one building lot per acre, including all open space lands.
(5)
The open space area designated under the terms of this subsection shall be of usable size and shape with a minimum depth or width of at least 250 feet, provided, where unusual topographic conditions exist, the Planning Board may accept lesser depths or widths for portions of such area.
(6)
The open space area designated under the terms of this subsection shall be an accessible location and provision shall be made for adequate access to such lands from public streets with such access points having a minimum width of at least 100 feet.
(7)
The subdivider shall provide for the establishment of an organization for the ownership and maintenance of the common open space for the benefit of owners or residents of the development. Said organization shall be required to maintain the common open space in reasonable order and condition in accordance with the design and function of said space as approved by the Planning Board hereunder. The deed of the open space to said organization shall contain the applicable restrictions as set forth herein. If said open space is not dedicated to and accepted by the Township or other governmental agency, such organization shall not be dissolved and shall not dispose of any open space, by sale or otherwise, except to an organization conceived and established to own and maintain the open space for the benefit of the owners and residents of the development, and, thereafter, such organization shall not be dissolved or dispose of any of its open space without first offering to dedicate the same to the Township. Nothing herein shall be construed to require the Township or other governmental agency to accept any such dedication of open space.