East Windsor City Zoning Code
§ 20-4.4
Accessory Uses.
Subject to the provisions of this chapter, accessory uses shall be permitted in all districts. The following regulations shall apply:
a.
Accessory uses such as the following are permitted in required yards and on required common open space:
(1)
Statuary arbors, trellises, flag poles and hedges.
(2)
Signs, subject to the requirements of Subsection 20-5.16.
(3)
Children's recreational equipment such as swings, see-saws, slides and jungle gyms.
(4)
Basketball courts, provided that in front yards such basketball courts may only be placed on asphalt or concrete driveways or turning areas.
b.
Accessory uses such as the following are permitted in common open space. Public or development owned:
(1)
Child's playhouse.
(2)
Swimming pools and bath houses.
(3)
Tennis courts and platform tennis courts.
(4)
Basketball courts.
(5)
Community center.
(6)
Barbecue stoves.
(7)
Statuary, arbors, trellises, flagpoles.
(8)
Signs - subject to the requirements of Subsection 20-5.16.
(9)
Children's recreational equipment such as swings, seesaws, slides and jungle gyms.
c.
Accessory uses such as the following are permitted in rear or side yards, but not common open space.
(1)
Private swimming pools and bath houses, except that filtering equipment for swimming pools may be located no less than one foot from the side or rear property line.
(2)
Private tennis courts and platform tennis courts.
(3)
Private garages or carports, not to exceed the following capacity:
(i)
For a single family residence: three cars.
(ii)
For a multiple family residence: two cars per dwelling unit.
(4)
A guest house or rooms for guests in an accessory building provided such facilities are for the occasional housing of guests of the occupants of the principal building, and not as rental units or for permanent occupancy as housekeeping units.
(5)
Laundry drying equipment.
(6)
Fall-out shelters; provided that they shall not be used for any principal or accessory use not permitted in the zone.
(7)
Off-street parking and loading spaces.
(8)
Storage of recreational vehicles.
(9)
Restaurants, drug stores, gift shops, cocktail lounges, and newsstands when located within a permitted hotel, motel or office building.
(10)
Employee restaurants and cafeterias when located within a permitted business or manufacturing building.
(11)
Barbecue facilities.
(12)
Vending machines accessory to the principal commercial use on a lot.
(13)
Patios.
(14)
Solid waste storage areas subject to approval as to storage and screening methods, including fencing of up to eight feet in height; provided, however, that screen fencing of up to eight feet in height shall be permitted for solid waste storage areas in garden apartment complexes, townhouse complexes and similar multi-family residential developments.
(15)
Fences and walls shall be permitted as accessory uses in rear and side yard areas only, except and in accordance with the following:
(i)
No fence or wall shall be permitted in any common open space;
(ii)
The provisions of this subsection shall not apply to fences and walls within the "PUD" planned unit development zoning district, and said fences and walls shall be governed by the covenants creating the development;
(iii)
Within any residential zoning district, any fence or wall shall not exceed five feet in height within a rear or side yard of a residential lot less than 10,000 square feet in area and shall not exceed a height of six feet within a rear or side yard of a residential lot 10,000 square feet in area or larger. Moreover, on any corner residential lot with two front yards, a fence or wall shall be permitted in one of the front yards in accordance with the provisions specified in Subsection 20-4.4c(15)(vi) hereinbelow;
(iv)
Within any nonresidential zoning district, fences and walls shall not exceed eight feet in height in side and rear yard areas. Moreover, additional fencing may be permitted within front yard areas only when clearly needed for security purposes and only when specifically approved by the Planning Board or zoning board of adjustment, as the case may be, as part of a site plan submission;
(v)
Any fence or wall within the rear or side yard of any lot in any zoning district shall be permitted to be constructed on the property line with the written permission of the adjoining property owner, and such fence or wall shall be finished on both sides. Where written permission of the adjoining property owner is not secured, the fence or wall shall be constructed no closer than six inches to the property line, and such fence or wall shall have a finished side facing the property line;
(vi)
On any corner lot within a residential zoning district, in addition to the fences and walls permitted on the rear and side yards in accordance with Subsection 20-4.4c(15)(iii) hereinabove, a fence or wall shall be permitted within the one front yard that is located between the side of the single-family detached dwelling and the street line subject to the following conditions:
[1]
Such fence or wall shall be no higher than five feet in height on a residential lot less than 10,000 square feet in area and shall be no higher than six feet on a residential lot 10,000 square feet in area or larger;
[2]
Such fence or wall shall be set back from the subject street line a distance no less than one-half the front yard setback distance required for the single-family dwelling in the zoning district where located; and
[3]
Such fence shall have a finished side facing the street line;
(vii)
On residential lots which have reverse frontage, other than corner lots, the portion of the lot situated between the rear of the single-family detached dwelling unit and the street line shall be considered a rear yard and the fence and wall provisions specified in Subsection 20-4.4 hereinabove shall appropriately apply. Such fence or wall shall be constructed with a gate in order to provide access to that area between the fence and the paved cartway of the street for maintenance purposes;
(viii)
On any lot, if a fence or wall is to be constructed on a portion of the lot encumbered by an easement, written permission shall be secured from the party with the rights to the easement prior to construction. Moreover, any fence or wall shall be of a type and shall be constructed to permit the free flow of surface stormwater; and
(ix)
Except as may be approved by the Planning Board or zoning board of adjustment, as the case may be, as part of a site plan submission for a nonresidential development, no fencing shall be electrified and/or topped with barbed wire or other hazardous material.
d.
Private storage structures or bath houses having a gross floor area of less than 100 square feet, children's playhouses and dog houses may be located one foot from the rear or side property line. Accessory buildings of 100 square feet or larger shall be subject to setback requirements of this chapter as set forth in the schedule of bulk regulations.
The nearest inside face of the swimming pool shall not be less than ten feet from the side or rear property line.
e.
Only those accessory structures or uses set forth in Subsection 20-4.4 a(1) and (2) shall be permitted in any required front yard.
In addition, passenger automobiles in operable condition may be parked in driveways in front yards.
