Hanover Township City Zoning Code
ARTICLE XXV
R-40 Single Family Residence District
[Amended 8-14-1986 by Ord. No. 24-86; 8-10-1995 by Ord. No. 23-95; 6-13-1996 by Ord. No. 6-96; 2-23-1997 by Ord. No. 4-97; 8-12-1999 by Ord. No. 21-99; 5-12-2005 by Ord. No. 14-2005; 12-14-2006 by Ord. No. 30-2006; 8-14-2008 by Ord. No. 20-08; 6-14-2018 by Ord. No. 15-2018; 10-11-2018 by Ord. No. 23-2018; 12-13-2018 by Ord. No. 37-18]
§ 166-165 District regulations.
A.
Permitted principal uses and structures. The following principal uses and structures shall be permitted in the R-40 Zone District:
(1)
Single-family residential uses in detached single-family residential structures;
(2)
Community residences and shelters;
(3)
Public buildings and uses;
(4)
Houses of worship;
(5)
Public libraries and schools limited to those included within the definition of "institutional uses" in § 166-4;
(6)
Home medical offices permitted by § 166-115.1; and
(7)
Home occupations permitted by § 166-115.1.
B.
Conditional uses and structures. No conditional uses and structures shall be permitted in the R-40 District.
C.
Permitted accessory uses and structures. The following accessory uses and structures shall be permitted in the R-40 Zone District:
(1)
Accessory buildings and roofed accessory structures permitted by §§ 166-114 and 166-118;
(2)
Outdoor storage permitted by § 166-124;
(3)
Patios and decks permitted by § 166-136;
(4)
Outdoor recreational facilities permitted by § 166-136.1;
(5)
The keeping of animals permitted by § 166-136.2;
(6)
Antennas permitted by § 166-138.1;
(7)
Fences and walls permitted by § 166-138.2;
(8)
Family day-care homes permitted by § 166-138.3;
(9)
Solar or photovoltaic energy facilities and structures permitted by § 166-138.5.1;
(10)
Signs permitted by Article XX;
(11)
Driveways and off-street parking facilities as permitted by § 166-154; and
(12)
Other accessory uses and structures customarily subordinate and incidental to permitted principal uses.
D.
Prohibited uses and structures. Any use or structure other than those uses or structures permitted in Subsection A, B or C above are prohibited, unless specifically permitted by other superseding law.
E.
Lot and bulk regulations, single-family residential use. The following bulk and lot regulations shall apply to single-family residential development within the R-40 Zone District.
(1)
Minimum lot area. Each lot shall contain an area of at least 40,500 square feet.
(2)
Minimum lot width. Each lot shall have a width of at least 150 feet, measured parallel to and at a distance of 100 feet from the front lot line, and as set forth in the definition of "lot width" in § 166-4.
(3)
Minimum average lot width. Each lot shall have an average width of at least 150 feet within 200 feet of the front lot line, and as set forth in the definition of "lot width" in § 166-4.
(4)
Minimum lot frontage. Each lot shall comply with the frontage requirements of § 166-121.
(5)
Minimum lot depth. Each lot shall have a depth, as defined by § 166-4, of at least 200 feet.
(6)
Minimum front yard depth. Each front yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 75 feet. Where an existing principal building does not meet this requirement, additions to such building may be made, provided that the front yard setback of the addition is not less than the existing structure or at least 60 feet, whichever is the greater.
(7)
Minimum depth of each side yard. Each side yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 20 feet.
(8)
Minimum combined depth of both side yards. The combined depth of both side yards, as defined and regulated by § 166-4 and § 166-113, shall be the greater of:
(a)
The sum of the minimum side yard depth for each side yard, as set forth in Subsection E(7) above; or
(b)
Thirty percent of the lot width at a distance of 75 feet from the front lot line and as set forth in the definition of "lot width" in § 166-4.
(9)
Minimum rear yard depth. Each rear yard, as defined and regulated by § 166-4 and § 166-113, shall have a depth of at least 50 feet.
(10)
Maximum building height. Principal buildings shall not exceed a height, as set forth in the definition of "height of building or structure" in § 166-4, of 35 feet, and no principal building shall contain more than 2 1/2 stories above finished grade.
(11)
Maximum height: setback ratio. The height of the principal building shall not be greater than two times the distance of the building from any property line located within 25 feet of the building, except as provided otherwise below. For purposes of administering this requirement, the following shall apply:
(a)
The height of the building shall be measured between the building roof and the lowest finished grade at any property line within 25 feet of the building.
(b)
The distance of the building from the property line shall be measured perpendicular to the property line.
(c)
No building shall be required to have a height of less than 30 feet above the lowest finished grade at the lot line within 25 feet of the building.
(d)
No building shall be permitted to have a height greater than 45 feet above the lowest finished grade at the lot line within 25 feet of the building.
(e)
If the building varies in height, the foregoing requirements shall apply independently to each portion of the building, based upon the height of such portion.
(f)
In case of conflict between the provisions of this Subsection E(11) and the maximum height limitations or the minimum yard requirements for the district, the more restrictive requirement shall apply.
(g)
The following diagrams illustrate the foregoing requirements:
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(12)
Maximum floor area ratio. The floor area ratio on each lot, as defined and measured in § 166-4 and § 166-113.2, shall comply with the requirements set forth in § 166-113.1.
(13)
Maximum coverage by buildings and abovegrade structures. The building coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.
(14)
Maximum improvement coverage. The improvement coverage on each lot, as defined by § 166-4, shall comply with the requirements set forth in § 166-113.1.
F.
Regulations for other permitted principal uses. The following regulations shall apply to development for permitted principal uses other than single-family detached residences within the R-40 Zone District:
(1)
Community residences and shelters shall comply with the regulations for single-family detached residential development.
(2)
Houses of worship shall comply with the regulations in § 166-138.4.
(3)
Libraries and schools shall comply with the regulations in § 166-138.4.
(4)
Home medical offices shall comply with the regulations in § 166-115.1.
(5)
Home occupations shall comply with the regulations in § 166-115.1.
G.
Other regulations. In addition to the above requirements, any development in the R-40 zone district must comply with all applicable regulations of this Chapter, including but not limited to the following:
(1)
The regulations for accessory buildings and roofed accessory structures in § 166-114 and § 166-118;
(2)
The regulations for outdoor storage in § 166-124;
(3)
The regulations for patios and decks in § 166-136;
(4)
The regulations for outdoor recreational facilities in § 166-136.1;
(5)
The regulations for antennas in § 166-138.1;
(6)
The regulations for fences and walls in § 166-138.2;
(7)
The regulations for family day-care homes in § 166-138.3;
(8)
The regulations for solar or photovoltaic energy facilities and structures in § 166-138.5.1;
(9)
The regulations for the keeping of animals in § 166-136.2;
(10)
The regulations for signs in Article XX; and
(11)
The regulations for driveways and off-street parking facilities as in Article XXIII.
