Zoning affects all land. No land shall be used except for a purpose permitted in the district in which it is located.

Zoning affects all buildings. No building shall be erected, converted, enlarged, reconstructed, moved or structurally altered, nor shall any building be used, except for a use permitted in the district in which such building is located.

Building or use upon any lot. Every building hereafter erected or structurally altered and every use established shall be located upon a lot as herein defined. There shall be no more than one principal building or use upon any lot in Residential Zones R-1, R-2 and R-3.

Pending application for building permits. Nothing in this chapter shall require any change in the overall layout, plans, construction, size or designated use of any development, building structure, or part thereof, for which official approvals and required building permits have been granted prior to the enactment of this chapter, the construction of which, conforming with such plans, shall have been started either prior to the effective date of this chapter or within 90 days thereafter, and completion thereof carried on in a normal manner within the subsequent six-month period, and not discontinued until completion except for reasons beyond the builder's control.

Street access to lots. No building shall be erected on a lot which does not have frontage upon an improved street which shall be a public street.

Substandard buildings or structures. No building or structure shall be used or occupied if such building or structure is in need of major structural repairs or is unsafe or unsanitary, or if the premises do not have connection with the Township sanitary sewage system or alternative sewage facilities approved by the Health Official.

Off-street parking and loading regulations. No building or use shall be modified, erected or structurally altered except in conformity with the off-street parking and loading regulations as specified in this chapter.

Vehicular access to streets, roads or highways. In all districts, provisions shall be made for sufficient on-site or on-lot vehicular turnaround space to permit a vehicle to enter a street, road or highway in a forward manner. The above shall not apply to minor residential streets.

Parking of commercial vehicles in residential zones. The storaging or parking of commercial vehicles of more than 1 1/2 ton capacity on any public street in residential districts is prohibited; provided, however, that nothing herein shall prohibit the parking of a commercial vehicle in such districts for such reasonable times as may be required for pickup or delivery services to such districts and of artisans in the ordinary performance of their profession in such districts. The owner and user of any vehicle parked or stored on any public street in violation of this section shall be responsible therefor.

Stripping of topsoil. No person, firm or corporation shall strip, excavate or otherwise remove topsoil for sale or for use other than on the premises from which the same shall be taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto.

Public utility corporations. This chapter shall not apply to any existing or proposed building or extension thereof used or to be used by public utility corporations. All facilities such as pumping stations, repeater stations, and electric substations which require a structure above grade shall harmonize with the character of neighborhood and shall have adequate fences and other safety devices. A site plan, as defined, shall be furnished to the Building Inspector and Planning Board or its representatives for approval.

Railroads. No railroad right-of-way shall be used for any other purpose than the location of railroad tracks, spur tracks, loading and unloading platforms, structures, facilities or use incidental to railroad operation, provided further that none of the above uses except railroad tracks shall be permitted where a railroad right-of-way is adjacent to or within 150 feet from any residentially zoned property on the same side of the right-of-way proposed to be used for spur tracks, loading and unloading platforms, structures, facilities or use incidental to railroad operation.

Christmas tree sale. The annual sale of Christmas trees is permitted between November 20 and December 25, inclusive.

Public election voting places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.

Location of certain traffic-generating uses. No use or structure involving as a principal part of the conduct of a business the use or servicing of motor vehicles, such as an automobile and gasoline service station; automobile sales area, new and used car lots; community garage or parking area, public garage, storage garage; drive-in business; distribution plant; motor freight terminal or any other use or structure which generates substantial or concentrated vehicular traffic, shall be located within 600 feet of a church, school, library, hospital, charitable institution or place of public assemblage, public park, playground, fire station, an institution for the care or housing of children or the aged and infirm when the uses or structures are located along the same street, road or highway. Similarly, no use or structure such as second mentioned above shall be located closer than 600 feet to a use or structure such as first mentioned above. The distances between uses and structures shall be measured in a straight line from the nearest boundary of the lot of one such use to the nearest boundary of the other use.

Buildings in areas subject to flooding. In any area subject to periodic flooding or inundation, no dwelling unit or structure for commercial or industrial use and no private sewage disposal system shall be constructed except those accessory to the playground, public park or other recreational use. The Board, however, may authorize a use or structure in such areas only if it is determined that such use or structure is appropriate to the area and will not unduly obstruct the natural passage of floodwater, and is constructed or maintained in such a way that likely flood damage will not result in substantial damage to property or person. All dwellings or structures shall comply with all federal, state or local flood regulation.

Building setbacks along easements. No building or structure shall be placed closer than 10 feet to a storm drain, water, sanitary sewer, gas or electrical easement or right-of-way.

Accessory buildings attached to principal building. An accessory building attached to the principal building shall comply in all respects with the yard requirements of this chapter in respect to the principal building. Yard requirements for detached accessory buildings shall be in accordance with the attached schedule.[1]

Accessory buildings or uses on corner lot. Accessory buildings or uses on corner lots shall not be erected closer to the street line than the front yard requirement on the adjacent lot.

Accessory buildings prior to principal buildings. No building permit shall be granted for the construction of an accessory building until such time as a building permit shall have been granted for the construction of the principal building upon said premises. Construction of the principal building shall either precede or be simultaneous with construction of the accessory building.

Incongruous buildings. No building or use shall be constructed, erected or used which is incongruous with the character of the neighborhood.[2]

Nuisances prohibited. A nuisance, as defined herein, is prohibited in all zoning districts.[3]

Probable cause. The exterior condition of a property, including the improvements as well as the land, shall be a factor in determining the probable condition of the interior of any buildings or structures.

Conformity with height regulations. No building shall be erected, modified, converted, enlarged, reconstructed or structurally altered to exceed the height limit herein established for the district in which such building is located.

Height exceptions. The height limits of these regulations shall not apply to:

Ornamental features. The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament and without windows, extending above such height limit not more than five feet.

Conformity with area regulations. Except as hereinafter provided, no building shall be modified, erected, reconstructed, converted, enlarged, structurally altered or moved on a lot or moved to another lot unless such building or enlargement conforms with the area regulations of the district in which such building is located.

Maintenance of required yards. No yard or other open space for each and every building existing at the time of the passage of this chapter or for any building hereafter erected shall be encroached upon or reduced in any manner except in conformity with these regulations. No yard for one principal building shall be considered as a yard for any other principal building, and no yard on one lot shall be considered as a yard for a principal building on another lot. Shrubbery, driveways, off-street parking spaces, retaining walls, fences, curbs and planting screens or planted buffer strips shall not be construed to be encroachments on yards.

Required front yard and area for lots on streets and roads proposed for right-of-way widening. Where a building lot has frontage upon a street or road which is proposed for right-of-way widening, the required front yard shall be measured from the proposed future right-of-way line. The area between the existing right-of-way line and the proposed right-of-way line shall not be included in the minimum required lot area.

Permitted obstructions in required yards. All required yards shall be unobstructed except as provided herein. Since required yards shall be open to the sky, an obstruction shall include the projection of a structure into such spaces at any level above ground.

Multiple frontage lots. Any building constructed on a lot having a frontage on two or more streets shall be so located as to comply with the regulations governing the front yard restrictions and setbacks of all the streets on which such lot has frontage. In the case of an interior through lot, the owner shall elect and so designate on the site plan which yard shall be the required rear yard and which the required front yard. The designated rear yard shall be attractively landscaped and maintained so as to conform with the character of the front yards in the general area. In the case of a corner lot, the owner shall elect, and so designate on the site plan, which of the remaining two required yards shall be the required side yard and the required rear yard.

Determination of frontage for irregularly shaped lots. The minimum frontage requirements for the irregularly shaped lots shall be measured at the rear line of the required front yard, but in no case shall the lot width at the street line be less than 2/3 of the minimum lot width required by this chapter.

Reduction of front yard setback requirements. In any district where the average setback line for existing buildings on all lots located wholly or partly within 200 feet of any lot and within the same block and zoning district and fronting on the same side of the street as such lot is less than the minimum setback required in said district, the setback on the lot may be less than the required setback but not less than the existing average setback distance for all lots within the 200 feet. When lots within the 200 feet are vacant, the vacant lot shall be considered as having the minimum required setback for the purpose of computing an average setback distance.

Architectural features. Architectural features may project into a required front yard a distance not greater than the following:

Fire escapes. Fire escapes are not permitted in front yards.

Open balconies. Open balconies, not covered by a roof or canopy, which extend above the level of the first floor of the building, may be erected to project into front yards, provided such structures are not more than 30 inches in depth.

Porches, platforms or landing places. Open structures, such as steps, platforms, paved terraces or landing places which do not extend above the level of the first floor of the building, having no wall more than 30 inches high, may project into a required front yard for a distance not exceeding five feet.

Landscape features. Landscape features such as trees, shrubs, flowers may be provided in a front yard, provided they do not constitute a hedge effect contrary to the provisions of § 215-46A and B.

Canopies and marquees. Fixed canopies and marquees may project into a required front yard in any district, except residential districts, for a distance not to exceed 10 feet.

Awnings and moveable canopies. An awning or movable canopy may project into a required front yard not more than 10 feet.

Bay or bow window. A bay or bow window may project into a required front yard not more than 30 inches.

Pumps, automobile and gasoline service stations. Pumps and pump islands may be located within a required front yard, provided they are not less than 25 feet from any street lines.

Handicap access ramps. Uncovered handicap access ramps required for use by an occupant of an existing dwelling unit located in a zone district permitting residential uses may be located in a required front yard.

Side yard requirements for substandard lots of record in closely built areas. In the case of a lot 50 feet or less in width, in a closely built up area, existing at the time of the enactment of this chapter, and the owner of such a lot does not own any other parcel or tract adjacent thereto, combined total side yard requirements may be reduced by six inches for each foot a lot is less than the required width prescribed for the district in which such lot is located, provided that no principal building shall be placed nearer a side line than five feet.

Architectural features. Architectural features may project into a required side yard a distance not greater than the following:

Fire escapes. An open or lattice-enclosed, fireproof, outside fire escape may project not more than six feet into a required side yard.

Open balconies. Open balconies, not covered by a roof or canopy, which extend above the level of the first floor of the building, may be erected to project into side yards not more than 30 inches.

Canopies and marquees. Fixed canopies and marquees may project into a required side yard in any district, except residential districts, for a distance not to exceed 10 feet.

Movable awnings and canopies. A movable awning or canopy may project into a required side yard not more than 10 feet.

Bay or bow window. A bay or bow window may project into a required side yard not more than 30 inches.

Handicap access ramps. Uncovered handicap access ramps required for use by an occupant of an existing dwelling unit located in a zone district permitting residential uses may be located in a required side yard.

Architectural features. Architectural features may project into a required rear yard a distance not greater than the following:

Fire escapes. An open or lattice-enclosed, fire proof, outside fire escape may project not more than six feet into a required rear yard.

Open balconies. Open balconies, not covered by a roof or canopy, which extend above the level of the first floor of the building, may be erected to project into rear yards not more than 30 inches.

Steps, platforms, paved terraces or landing places. Open structures such as steps, platforms, paved terraces or landing places which do not extend above the level of the first floor of the building, having no wall more than 30 inches high, may project into a required rear yard for a distance not exceeding 10 feet.

Canopies and marquees. Fixed canopies and marquees may project into a required rear yard in any district for a distance not to exceed 10 feet.

Awnings and movable canopies. An awning or movable canopy may project into a required rear yard not more than 10 feet.

Bay or bow window. A bay or bow window may project into a required rear yard not more than 30 inches.

Handicap access ramps. Uncovered handicap access ramps required for use by an occupant of an existing dwelling unit located in a zone district permitting residential uses may be located in a required rear yard.

Satellite dish antenna. A satellite dish antenna is herein defined as "a device incorporating a reflective surface that is solid, open mesh or bar configured and in the shape of a shallow dish, cone, horn or cornucopia, for use to receive and/or transmit radio or electromagnetic waves between terrestrially and/or orbitally based uses." No satellite dish antenna larger than one meter in diameter shall be installed in any residential zone, except that one satellite dish antenna may be permitted as an accessory use to a single-family dwelling or multifamily apartment use pursuant to FCC regulations, subject to the following standards:

Ham radio antenna. A ham radio antenna is herein defined as a device mounted on a freestanding support structure or secured to a roof or wall of a building and used to receive and transmit radio communications between other terrestrially based sites. A ham radio antenna is permitted as an accessory use to a single-family dwelling pursuant to FCC regulations and in accordance with the following:

Purpose. Pursuant to the "unmet need" requirements of the Fair Share Housing Plan of the Ewing Township Master Plan Housing Element, an affordable housing planned residential development may be developed within the OP-2 and IP-1 zoned portions of Block 225.01, Lot 1, subject to the following requirements, and further provided that a minimum of 20% of the total dwelling units created be set aside for occupancy by low- or moderate-income households as determined by the Council on Affordable Housing. The Township will permit developers of sites zoned for inclusionary development in Zones IP-1 and OP-2 to pay a fee in lieu of building low- and moderate-income units, provided the Council determines the Township's housing element and fair share plan provides a realistic opportunity for addressing the Township's fair share obligation. The fee may equal the cost of subsidizing the low- and moderate-income units that are replaced by the development fee. For example, an inclusionary development may include a twenty-percent set-aside, no set-aside and a fee that is the equivalent of a twenty-percent set-aside and a combination of a fee and set-aside that is the equivalent of a twenty-percent set-aside.

Permitted housing types. The planned residential development shall be designed as residential clusters consisting of either attached single-family or cluster multifamily apartments.

Residential density. The net residential density for any one residential cluster shall not exceed eight dwelling units per acre, and the overall residential density of the planned residential development shall not exceed six dwelling units per acre.

Parking. Parking shall be provided in accordance with the Residential Site Improvement Standards, except that every attached single-family dwelling unit shall have at least one parking space within an enclosed garage attached to the principal building on the lot.

Preserved open space. To the greatest extent possible, preserved open space should be designed into the planned development where the maximum preservation of significant natural features can be achieved without the need for extensive replacement planting. Where new plantings are necessary, they should be shown on the landscape plan submitted with the preliminary major site plan submission. The landscape plan must be professionally prepared and incorporate a balanced mix of trees and shrubs appropriate to the use of the open space.

Lighting requirements for planned developments. Site lighting shall be provided for planned developments only to the extent that it is needed for the public safety and welfare. The number, spacing and height of pole-mounted parking lot lighting shall be designed to concentrate lighting where it is needed and to minimize ambient night glow from the site. Illumination Engineers Society (IES) standards shall be used to determine appropriate illumination levels for each section of a planned development.

Utility installations. All utilities for planned developments shall be installed underground at a depth and at such location as will minimize risk or interruption of services.

Traffic and economic impacts. Applicants of all planned developments shall submit the following in addition to the environmental impact analysis required in § 215-83C of the Land Development Ordinance:

Trash collection and recycling. All applications for approval of planned developments shall include a solid waste collection and recycling plan consistent with the requirements of § 215-64 of this chapter.

Outdoor recreation. A portion of the common open space of a planned unit or planned unit residential development equal to an area not less than 250 square feet per dwelling unit shall be designed and developed for active or passive recreation. Such recreation area shall be centrally located among the residential clusters. The pedestrian and bicycle circulation plan for the development shall link the residential clusters to each other and to the recreation area(s). Bicycle paths shall be appropriately signed for safety.

New planned residential developments. The following provisions shall apply to new planned residential developments:

Multifamily clusters. Multifamily clusters shall comply with the requirements for cluster multifamily development pursuant to § 215-17 of this chapter, as amended, subject to the residential density limitations of this section.

Homeowners' association. A homeowners' association shall be created for the planned residential development in accordance with § 215-18I of this chapter.

Single-family detached housing types. Single-family attached housing types may be of quadruplex or townhouse design, and each unit shall be on a fee-simple lot, except that not more than six townhouse units may be included in one building. The following additional standards shall apply to single-family attached housing types:

Signage. Signage for planned residential developments shall be designed in accordance with § 215-18H of this chapter.