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Frankford City Zoning Code

§ 30-1015

ACCESSORY BUILDINGS AND STRUCTURES.

[Ord. No. 2007-04; Ord. No. 2008-06 § 2; Ord. No. 2011-07 § 11; Ord. No. 2014-01 § 7; Ord. No. 2018-11 §§ 1, 2]
Except as may be otherwise provided in this section, buildings and structures which are accessory to a principal use or building are permitted in all zones and as provided herein. Any such accessory building or structure must be customarily incidental and subordinate to the principal use of the land or building, located on the same lot containing the principal use and building(s), and comply with the requirements of Schedule C. To the extent that the particular standards of this section depart from those contained in Schedule C, the standards of this section shall prevail and control.[1]
a. 
Accessory Buildings in All Districts. No accessory building shall be located closer than 10 feet to any other building.
1. 
No accessory building shall be located closer to a right-of-way line than the principal building. An accessory structure located on a corner lot shall also be set back from the side street to comply with the setback line applying to the principal structure for that side street. Gazebos may be located closer to a right-of-way line than the principal structure on the same lot, provided that the gazebo is not disproportionate to the size of the lot or principal structure located on the lot, and provided that a front yard setback equal to the prescribed side yard setback for the corresponding zone is maintained for the gazebo.
2. 
Unless otherwise provided in Schedule C, an accessory building located in a side or rear yard shall not lie closer to the property line than 10 feet.
3. 
No accessory building shall occupy more than 25% of the rear yard area.
4. 
There shall not be more than three accessory buildings on a lot, except on a farm and excepting a gazebo not disproportionate to the size of the lot or the principal building and provided a front yard setback equal to the prescribed side yard setback for the corresponding zone is maintained.
5. 
Excepting stone walls, trellises, arbors, planters and similar structures commonly associated with landscaping and gardens, and excepting a driveway and up to three accessory buildings as regulated in this subsection, there shall be not more than three accessory structures on any lot except on a farm.
6. 
Accessory Buildings as Part of Principal Buildings. Any structure or part of a structure attached to a principal building shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
7. 
Accessory Buildings Not to Be Constructed Prior to Principal Buildings. Notwithstanding any other provisions of this chapter, no building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the main building upon the same premises. If construction of the main building does not precede or coincide with the construction of the accessory building, the Building Inspector shall revoke the building permit for the accessory building until construction of the main building has proceeded substantially toward completion.
8. 
Location. An accessory building may be constructed only in side or rear yards.
9. 
Arch, hoop or clamshell storage structures are permitted as an accessory structure subject to all of the other standards applicable to accessory structures per applicable Township of Frankford ordinances. Said structures may be constructed of metal or wood materials, durable plastic or tightly woven fabric that stands strong against the elements, and resists tearing and leaking. Said structures shall remain and be maintained in good sound condition. Said structures must be enclosed on all sides and on the roof. There shall be only one arch, hoop or clamshell storage structure per lot, which shall be located in the rear yard only. The total size of said structures shall not exceed 800 square feet.
[Amended 10-18-2019 by Ord. No. 2019-18]
10. 
Distance From Adjacent Buildings. The minimum distance of any portion of the accessory building from an adjacent building on the same lot shall be 10 feet.
11. 
Height, Area and Number of Accessory Buildings. An accessory building or buildings may not occupy more than 25% of a required rear yard or a maximum of 1,260 square feet, collectively, whichever is less. There may be up to three accessory buildings, but no individual accessory building may exceed 900 square feet. Agricultural and horticultural buildings, which qualify under the Farmland Assessment Act, shall be excluded from these limitations, but the latter buildings shall adhere to the yard setback requirements for a principal building.
b. 
Additional Requirements for Accessory Buildings in Residential Districts.
1. 
A single accessory building for residential storage purposes may be placed on a lot provided it meets Schedule C[2] requirements and is not larger than 150 square feet or 15 feet in height. Such structure shall be deemed a principal structure but becomes accessory upon construction of a residence.
[2]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
2. 
A gazebo may be placed on a lot provided it meets Schedule C requirements and is not more than 150 square feet and 15 feet in height.
3. 
An accessory building or buildings in the residential zone may not occupy more than 25% of the required rear area or a maximum of 1,260 square feet, collectively, whichever is less. No individual accessory building may exceed 900 square feet. Agricultural and horticultural buildings, which qualify under the Farmland Assessment Act, shall be excluded from these limitations, but the latter buildings shall adhere to the yard setback requirements for a principal building.
4. 
Private residential parking is permitted in any yard if either (1) meets 50% of the front yard setback distance or a minimum of 10 feet in the side or rear yard, or (2) is in a residential neighborhood where garages are located in the front/side yard area due to topographic and other conditions as measured in accordance with the zone setback requirements or otherwise meets the off-street parking requirements.
5. 
Second Dwelling Prohibited. Only one residential structure shall be permitted on the lot unless constructed in accordance with the Affordable Housing Section 30-1201.
c. 
Elder Cottage Housing Opportunity (ECHO).[3]
1. 
ECHO units shall be permitted as an accessory use in all residential districts. Each unit shall consist of a single-dwelling unit not to exceed 750 square feet in interior living area, on a single level, constructed so as to be readily removable, and located upon the same lot as the principal residence.
2. 
ECHO units shall be excluded from accessory structure limitations under the Land Use Ordinance, Section 1015, in that ECHO units are additional permitted accessory structures.
3. 
ECHO units may be erected only upon lots on which a single-family residence is already located. Only one ECHO unit shall be permitted per lot, and it shall contain a bathroom, kitchen, living and sleeping areas. There shall not be more than two bedrooms. Such units shall meet the requirements and code provisions of the local municipality, Sussex County, and State of New Jersey including those of local health officers, fire officials and other officials.
4. 
An ECHO unit shall be permitted only upon approval by the Land Use Board upon application by the owner of the property upon which the principal residence associated with the ECHO unit is located. Application and approval for an ECHO unit shall be considered a minor site plan subject to the review and approval of the Land Use Board.
5. 
The approval for the construction and maintenance of any ECHO unit shall be renewable annually. The owner of the primary dwelling shall file an annual letter with the Zoning Officer certifying the continuing compliance by the permittee with the conditions of the original permit issuance.
6. 
An ECHO unit shall be occupied by no more than two people, and occupancy shall be by elderly or adult handicapped person(s) (as such terms are defined in the "ECHO" definition), at least one of whom shall be related by blood or marriage to the owner of the principal residence upon the lot.
7. 
No ECHO unit shall be permitted to be erected upon any lot unless the lot area shall be at least one acre. The ECHO unit shall be placed within the rear yard and not within the area of the front and side yards. An ECHO unit shall be considered to be an accessory use to an existing residential structure and use. However, the ECHO unit shall meet the side yard and rear yard requirements of the principal structure, and shall conform to all provisions of the Land Development Ordinance establishing minimum side and rear yard setback requirements for principal structures for the zone district in which the lot is located. If requested by the applicant, the Land Use Board may grant a waiver to permit a unit in the side yard if it can be shown that the placement of the unit will have no negative impact upon adjacent properties.
8. 
The ECHO unit shall be positioned on the lot in such a way as to minimize its visibility from other nearby and abutting lots. Additional buffering may be required by the Township Land Use Board to meet this criterion. The ECHO unit shall be located on masonry block or wooden piers with adequate tie downs, or on a concrete slab. When the ECHO unit is removed, the property on which the ECHO unit is placed must be restored to the condition it was in before the ECHO unit was placed.
9. 
Each ECHO unit shall be provided with adequate water supply and sewage disposal arrangements, which shall be by means of interconnections with the facilities of the principal residence, as approved by the Code Enforcement Official and Health Officer, and shall be erected upon a foundation which meets applicable construction codes while allowing complete removal when the need for the unit ends. The existing system may be expended if necessary, but a separate system shall not be created for the unit. The approval by the Health Code Officer of all water and sewage disposal arrangements shall be required prior to approval or denial of an application.
10. 
Any action and any application for approval of an ECHO unit shall include, at a minimum, a sketch plat, which shall be to scale, showing a location of all existing or proposed buildings, structures, drives, walkways and the layout of all utility services, including proposed water and sewer connections, plus landscaping and screening if such are contemplated. A building elevation showing the nature and design of the unit to be constructed or placed upon the property shall accompany the site plan. The site plan shall be reviewed by the Land Use Board and its advisors. The site plan sketch shall be of sufficient details and shall be submitted in sufficient numbers of copies to adequately inform the Land Use Board concerning the proposal.
11. 
In the event of the death or permanent change of address of the occupant(s) of the ECHO unit, the owner of the primary dwelling shall give written notice to the Zoning Officer within 30 days of the change. An ECHO unit shall be removed from the premises within 120 days from the death of the dependent occupant for whom permitted, unless the remaining occupant (if any there be) and the resident in the principal dwelling specifically request from the Land Use Board a continuation of the permit. An ECHO unit shall also be removed within 90 days from the permanent change of residence of the said occupant or occupants. The site shall be restored such that no visible evidence of the unit remains.
12. 
Upon approval a deed restriction shall be filed against the property which deed shall contain all the ECHO restrictions in this paragraph. The Township Committee shall give a quitclaim deed of release of the conditions once the ECHO unit has been removed and the property restored.
[3]
Editor's Note: Ord. No. 2008-06 added paragraph c.
d. 
Accessory Buildings in Nonresidential Districts. Accessory buildings in non-residential districts shall meet all the requirements applicable to principal buildings, unless otherwise provided in Schedule C.[4]
[4]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter.
[1]
Editor's Note: All Schedules and Appendices are included as attachments to this chapter. Schedule C is adopted by subsection 30-1003.2.