Flemington City Zoning Code
§ 2607
EXCEPTIONS AND PERMITTED MODIFICATIONS.
A.
Permitted Modifications for Residential Infill Development. New principal dwellings in the Transition Residential district and the Single Family district on infill lots may encroach within the yard areas as otherwise required in this Ordinance under the following criteria:
1.
Front Yard. The front yard depth may be reduced to the average of the setbacks from the streetline of existing dwellings on both sides of the proposed residence. In the event an adjacent lot is vacant, the average shall be calculated using the required setback for the vacant lot.
2.
Side Yard. The side yard may be reduced to the depth of the side yard of the adjacent lot but in no instance shall the distance between dwellings be reduced to less than 10 feet.
B.
Height Limits. Except for one-and two-family dwellings as permitted in this Ordinance, penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures may be erected above the height limits prescribed by this Ordinance but in no case shall such extension exceed 20 percent of the maximum height permitted in the district.
C.
Child Care Centers and Family Day Care Homes.
1.
Child Care Centers. Child care centers shall be permitted in any nonresidential district. Any child care center shall be duly licensed pursuant to N.J.S.A. 30:5B-1 et seq. A child care center functionally integrated within a nonresidential development owned or operated for the benefit of their employees, their tenant's employees, or employees within an office or business park or research and development complex shall not be required to provide additional off-street parking for the use. In the calculation of any floor area ratio applicable to an office or business park or research and development complex, the area occupied by a child care center shall not be included.
2.
Family daycare homes as defined in N.J.S.A. 40:55D-66.5a. and b. are principal permitted uses in all residential zone districts.
D.
Emergency Housing. Trailers for emergency housing for households displaced by fire, storm, flooding, or other natural disaster may be located on individual lots in zoning districts where single-family detached and two-family residential uses are permitted for the period of reconstruction. The installation of such trailers shall conform to the following requirements:
1.
No trailer shall be installed at a site prior to the issuance of all required Uniform Construction Code permits.
2.
The trailer shall be placed on the lot where the residence made uninhabitable by such disaster is located.
3.
No more than one unit of emergency housing shall be permitted per lot.
4.
All such trailers shall be removed from the reconstruction site upon the issuance of a Temporary Certificate of Occupancy prior to permitting the occupancy of the permanent residence.
5.
No such trailer shall be placed in the front yard setback required for the respective zoning district.
6.
Such temporary housing shall not exceed 900 square feet in floor area.
E.
Groundwater Remediation. Temporary structures and equipment required for the remediation of groundwater contamination pursuant to N.J.S.A. 58:10A-1 et seq. shall be permitted in any district provided that:
1.
Existing on-site buildings shall be used to the extent feasible to house equipment and offices;
2.
Structures and equipment shall be set back from any property line a minimum of 25 feet, and shall emit no noise when measured at the property line.
3.
Equipment shall be enclosed by opaque fencing.
4.
All temporary structures and equipment shall be removed within 90 days following completion of the remedial action.
5.
Disturbed areas shall be graded and seeded with an appropriate ground cover in accordance with the soil erosion control regulations of the municipality or county.
6.
Groundwater remediation action shall be exempt from site plan review as otherwise required in this Ordinance.
F.
Public and Local Utilities and Cable Television Facilities. Distribution facilities for public and local utilities and cable television companies shall be permitted in any district, but shall not include communication towers or antennas, utility yards for the storage of vehicles, equipment and supplies, nor for maintaining and extending distribution networks, power generation, or facilities requiring a New Jersey Pollution Discharge Elimination System permit (NJPDES), provided that:
1.
The proposed installation in a specific location must be reasonably necessary for the satisfactory provision of service by the utility to the neighborhood or area in which the particular use is to be located.
2.
The design of any building in connection with such facilities must conform to the general character of the area and not adversely affect the safe, comfortable enjoyment of property rights in the zone in which it is located.
3.
Adequate fences and other safety devices must be provided as may be required. Fences, when used to enclose public utility facilities such as electrical power substations, shall be built in accordance with the applicable requirements of the New Jersey Board of Public Utility Commissioners and the National Electrical Code in effect at the time of construction.
4.
Landscaping, including shrubs, trees and lawns, shall be provided.
5.
Off-street parking shall be provided as determined by the approving authority during site plan review.
6.
All of the other area, yard, height and building coverage requirements of the respective zone and any other applicable requirements of this Ordinance shall be met.
G.
Sales Offices. Temporary sales offices for the marketing of residential development shall be permitted only upon the lot or tract to which such sales relate. Temporary sales offices shall conform to the following requirements:
1.
No such office shall be installed prior to the filing of stamped final subdivision plats or issuance of signed and sealed site plans, as the case may be.
2.
Sales offices shall provide for no less 5 and no more than 10 temporary off-street parking spaces located in a safe and convenient manner. Off-street parking shall be provided as determined by the Approving authority during site plan review.
3.
No sales office shall be located within 25 feet of a lot line or streetline. Such offices shall be temporarily landscaped along the foundation of the structure.
H.
Temporary Construction Trailers. Temporary construction trailers at work sites shall be permitted in all zoning districts for office use and the storage of equipment and supplies during active construction activities. The installation of such trailers shall conform to the following requirements:
1.
No trailer shall be installed at a work site prior to the issuance of a construction permit.
2.
All such trailers shall be removed from the work site upon the issuance of a temporary or permanent certificate of occupancy to which the use of the trailer relates.
3.
No trailer shall remain at a work site where active construction activity has ceased for a period of more than 30 days, except where inclement weather prohibits the immediate renewal.
4.
No trailer shall be located within 25 feet of a lot line or streetline. Such trailers shall be temporarily screened from public view by a combination of opaque fencing and/or landscaping.
5.
No more than 3 temporary construction trailers shall be permitted per work site, and shall be removed prior to the issuance of the last certificate of occupancy.
I.
Temporary Uses. Application may be made to the Borough Council for a permit for a temporary use inconsistent with the provisions of this Article for special events lasting for a period not to exceed 2 weeks in any one year. Such events may include, but not be limited to, circuses, bazaars, fairs, and athletic contests. In the granting or denial of such temporary use permit the Borough Council may consider the following:
1.
The adequacy of provisions for public safety, including, but not limited to, fire prevention, crowd control, and emergency medical services.
2.
The adequacy of provisions for vehicular and pedestrian traffic control, including ingress and egress, parking, attendants and temporary traffic signage.
3.
The adequacy of provisions for food handling, solid waste, and sanitary sewerage.
4.
The sufficiency of insurance for the event.
5.
Any other measures necessary to protect the public health, safety, and welfare.
The Borough Council may impose reasonable conditions on the issuance of any temporary use permit including, but not limited to, the posting of adequate surety and the reimbursement of expenses incurred by the municipality.