Flemington City Zoning Code
§ 2613
SINGLE FAMILY RESIDENTIAL SF DISTRICT.
[Ord. No. 2012-01]
A.
Purpose. The purpose of the Single Family Residential (SF) District is to provide locations for detached dwellings occupied by one household generally located in the outer ring of development in the Borough. It is the lowest density residential district in the Borough. In addition to single family uses, governmental and institutional uses are permitted.
B.
Permitted Principal Uses. In the Single Family Residential Zone, no lot shall be used and no structure shall be erected, altered or occupied for any purpose except the following:
1.
Single family detached dwelling.
2.
Place of Worship.
3.
ECHO Housing.
a.
The ECHO Housing unit shall be located to the rear of the principal residence, but shall not be located in the side or rear setbacks. The Zoning Officer may require a landscaped buffer of evergreen trees and shrubs to minimize visual impact on neighboring properties.
b.
The ECHO unit shall be separated from the principal dwelling by a minimum of 5 feet.
d.
No ECHO housing unit shall exceed 900 square feet in area.
e.
The exterior of ECHO housing units shall be covered with a material and color that is complementary with the facade of the primary residence on the property.
f.
The unit shall be removed from the premises within 6 months of the end of the term of occupancy of the approved applicant and the lot restored to its status prior to the installation of the unit. The Zoning Officer may extend the time period for removal up to an additional 3 months upon adequate documentation of marketing efforts to sell the unit during the initial 6 month period.
4.
Cemetery.
5.
Municipal use, including parks and recreation.
6.
Community gardening.
C.
Accessory Uses Permitted. Any of the following uses may be permitted when used in conjunction with a permitted principal use:
D.
Conditional Uses Permitted. The following uses may be permitted when authorized as a conditional use by the Planning Board:
1.
Accessory apartment meeting the following criteria:
a.
No more than one accessory apartment per lot shall be permitted.
b.
The accessory apartment shall be used only for one family.
c.
The owner of the lot must reside in the primary dwelling.
d.
The accessory apartment shall be created within the existing square footage of the primary dwelling and any required access and egress shall be created within the existing structure.
e.
Any exterior entrance to the accessory apartment shall not be located on the same facade of the building as the primary dwelling.
f.
The accessory apartment must contain at least 500 square feet in gross floor area, but must not constitute more than 35 percent of the gross floor area of the principal building.
g.
At least one additional off-street parking space shall be provided for the use of the accessory apartment occupants.
h.
The accessory apartment structure and lot shall be in full compliance with all applicable health and construction codes.
i.
The owner of the accessory apartment must submit an affidavit of continuing use every 2 years.
j.
Flemington Borough acknowledges the need to provide its fair share of housing for low and moderate income households. Any property owner applying for an accessory apartment under this section must affirmatively demonstrate that the accessory apartment is to be rented to and occupied by a household meeting the affordable housing criteria of the NJ Council on Affordable Housing (COAH) and the Affordable Housing Procedural Requirements of Section 2632.
k.
Accessory apartments shall be affirmatively marketed to the housing region and shall be administered by an experienced administrative entity as further described in Section 2633.
l.
Recognizing that Flemington Borough is meeting its unmet need with accessory apartments for low and moderate income households, the Borough has not been required to bond to fund the creation of accessory apartments. However, in the event that development fee revenue is available, the Borough will provide at least $10,000.00 to subsidize the physical creation of an accessory apartment conforming to the requirements of this section.
m.
The maximum number of accessory apartments permitted under this section shall be the number that the municipality is permitted to apply toward its unmet fair share obligation of low and moderate income housing in accordance with the applicable regulations of COAH that exist at the time of application.
n.
The accessory apartment shall be rented only to a household which is either a low or moderate income household at the time of initial occupancy of the unit.
o.
Ten (10) year affordability controls shall be imposed via a deed restriction or other instrument acceptable to the Borough Attorney and COAH.
p.
Rents of accessory apartments shall be affordable to low or moderate income households as per COAH regulations and shall include a utility allowance.
2.
Public and private nonprofit day school meeting the following criteria:
a.
The minimum lot size shall be 3 acres.
b.
The minimum lot frontage shall be 150 feet.
c.
No building shall be located within 50 feet of a lot line.
d.
Parking lots shall be properly screened and shall be a minimum of 25 feet from surrounding properties and public roads.
e.
Outdoor athletic fields shall be oriented to minimize adverse impacts on neighboring residential uses from noise, lighting, and vehicular and pedestrian access.
3.
Any other requirement not herein modified shall apply to any conditional use.
E.
Area, Yard, Height and Building Coverage. Except as otherwise modified, the following bulk standards shall apply to all SF Districts.
Principal Use and Accessory Buildings | Min. Lot Area | Min Lot Width | Min. Lot Depth | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Height | Max. Imperv. Surface Ratio | Max Building Coverage |
|---|---|---|---|---|---|---|---|---|---|
Single Family Detached | 11,250 sf | 75' | 150' | 25' | 10' | 35' | 35'(1) | .50 | .25 |
Accessory Building(2,6) | NP | 5' | 5' | 18' | |||||
Place of Worship | 43,560 sf | 100' | 200' | 25' | 25' | 35' | 80'(3) | .50 | .25 |
Accessory Building(2,6) | NP | 15' | 15' | 28' | |||||
Cemetery(4) | 5 acres | 200' | 400' | 50'' | 10' | 10' | N/A | .25 | .10 |
Accessory Building (2,5,6) | 35 | 15' | 15' | 25' | |||||
Municipal | 2,000 sf | 45' | 50' | 25' | 10' | 10' | 45' | .75 | .50 |
Public and Private School | 3 acres | 150' | 350' | 50' | 25' | 50' | 45' | .75 | .50 |
Accessory Building (2,6) | NP | 15' | 30' | 25' |
NP = Not Permitted. |
N/A = Not Applicable. |
(1) – Or 2 1/2 stories, whichever is less. |
(2) – No more than 2 accessory structures or buildings for lots <15,000 sf; no more than 3 accessory structures or buildings for lots >15,000 sf. |
(3) – The ridgeline of the main roof shall not exceed 45 feet in height. |
(4) – Setbacks apply to graves and monuments or other markers. |
(5) – Applies to any accessory structure or building in a cemetery excluding uses in Note No. (3). |
(6) – Properties must also meet standards for particular accessory buildings, structures, and uses, including but not limited to solar facilities and residential sheds, in Chapter 16. [Ord. No. 2012-01] |