Hardwick Township City Zoning Code

Accessory buildings, structures, and uses shall be permitted only on the same lot as the principal building to which they are accessory. However, if a lot is subdivided and a preexisting accessory structure or structures exist on a lot newly created by the subdivision, which lot does not have a principal building or structure at the time of the subdivision, the preexisting accessory structure or structures are permitted to remain with the following condition: The owner of the lot shall file an application for a building permit for a new principal structure and commence substantial construction within 24 months of the date of the resolution granting subdivision approval.

Accessory buildings, structures, and uses shall not alter the character of the premises on which they are located and, except for driveways to accessory parking from an adjoining street, shall not encroach upon any front, side, or rear yard unless otherwise permitted in this chapter. All accessory buildings shall be located behind the front building line. All accessory buildings, structures, or uses shall be governed by the bulk and area regulations of the zone in which they are located, except as provided in § 13-32c.

In recognition of relatively frequent variance applications that are routinely granted, certain size-limited residential accessory structures may encroach into side and rear yards, i.e., be constructed within side and rear setback regions, provided all of the following conditions are met:

See Subsection 13-10.1b for regulations pertaining to accessory structures used for agriculture.

Yard dimensions. Minimum required yard dimensions shall include required transition buffers.

Corner lot. On a corner lot, the front yard shall be deemed to be where the driveway intersects a public street.

Through lot. On a through lot, the front yard shall be deemed to be where the driveway intersects with a public street.

Purpose and intent. For situations where it is unlikely that expansion of a principal structure made nonconforming by virtue of setback violations will meaningfully impact neighboring property owners, this section of Hardwick Township's Code is designed to relieve owners of the nonconforming properties from having to obtain variances. These situations will be predominately ones wherein a variance would be routinely granted. A small tolerance, as defined below, is allowed to address situations where there may be surveying or structure placement errors or when the principal structure is not parallel to a minimum setback line in a manner disadvantageous to the applicant. The tolerance allowance applies only for fill-in type additions or fill-in portions of combined additions and does not apply for extension-type additions or extension portions of combined additions. In all other cases, except as permitted elsewhere in the Code, the normal variance process would be required.

For the purposes of this section, encroachment into a minimum yard means that the distance between a lot line and the closest point on the principal structure, when this distance is measured perpendicularly from the lot line under consideration, is less than the required minimum setback. By definition, this means that there is an encroachment into a minimum yard space.

Two key points shall be kept in mind when evaluating whether or not a variance is required when expansion of a principal structure nonconforming by virtue of setback violations is contemplated.

The three situations in which a variance is not required are as follows:

Said use shall be located on the same lot as the principal structure and only in the side or rear yard.

Said use shall comply with the minimum side and rear yard requirements for principal structures.

No loudspeakers or amplifying devices which can be heard beyond the lot lines of the lot on which said facility is located shall be used in connection with such recreation facilities.

Swimming pools shall also comply with the regulations as set forth in the State Uniform Construction Code. (See Chapter 8, § 8-1, Uniform Construction Code Enforcing Agency.)

Chain link fences are permitted around a tennis court, provided that such fences do not exceed twelve (12) feet in height, and the dimensions of the fenced area are no more than sixty (60) feet by one hundred twenty (120) feet. If illuminated, maximum luminous intensity at the property lines shall not exceed .05 foot candles.

Tennis court drainage shall be approved by the Township Engineer.

Fences or walls on lots in residential zones, other than pool or tennis court fence enclosures, as regulated above and other than commercial agricultural uses shall meet the following height requirements:

No motor vehicle shall be permitted to be stored or repaired, (including, but not limited to, removal of wheels) outside of a garage so as to cause the same, at any time, to be in any disassembled or disabled condition, or be lacking a valid motor vehicle registration for the current year. This should not be construed as prohibiting an owner from working on a personal, registered vehicle for a reasonable time not in excess of thirty (30) days. This provision shall not apply to the outdoor storage of farm machinery and the products of commercial agriculture on a farm as defined in this chapter which is located in any residential zone.

House trailers and recreational vehicles. One (1) unoccupied house trailer or recreational vehicle owned by the property owner shall be permitted on a lot. The trailer or vehicle shall be garaged or parked no closer to the side or rear property line than the required side or rear yard setback for the principal structure upon the lot. The trailer or vehicle shall be parked behind the face of the principal residential structure even if the structure is located behind the required front yard setback. The trailer or recreational vehicle shall be screened so as to completely obscure its view from adjacent properties or roads.

Commercial vehicles. No more than two (2) commercial vehicles may be parked, stored or garaged overnight subject to the following conditions:

Boats or boat trailers. One (1) boat or boat trailer thirty (30) feet or less in length and legally trailerable without a special permit may be parked or stored outside the confines of a building in accordance with the following requirements:

Utility trailers. One (1) utility or horse trailer may be parked or stored outside the confines of an enclosed building in accordance with the following requirements:

Permit required; application; fee; duration; appeals.

Number. Only one portable storage container may be placed at any residential property at a time. A portable storage container may not be located on the same property more than twice in any given one-year period, unless otherwise authorized by this chapter.

Size. A portable storage container shall not exceed 10 feet in height, 10 feet in width, and 20 feet in length.

Use with construction permit. If a portable storage container is to be used in conjunction with a validly issued construction permit, said container shall be permitted to remain for the active duration of the construction permit, but in no event for more than 365 days from the date of the initial permit issuance, unless otherwise authorized. If construction at the site has not been actively and diligently pursued for a period of six months, the Zoning Officer may order the removal of any portable storage container from the property.

Location. Portable storage containers may be placed upon driveways, and side and rear yards if such locations meet the requirements of this Chapter. No portable storage container shall be placed or located in the rear- and side-yard setback requirements for accessory buildings. No container may be placed in the front yard. Portable storage containers are prohibited from being placed in the streets or public rights-of-ways, except by express permission of the Zoning Officer, Land Use Board, Director of the Department of Public Works, and/or the Township Committee as appropriate. If approved, a container placed in a street or public right-of-way must have reflective markers and/or cones placed around it. Such temporary placement is permitted for no more than 72 hours.

Condition. Portable storage containers shall be free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or visible damage. The container and the area surrounding it shall be kept in neat and clean condition. No material, goods, wares or debris is allowed to be placed on or under the portable storage container. Portable storage containers are to be left closed at all times except when loading or unloading.

Contents. No hazardous, toxic, or dangerous material, organic waste, business inventory, commercial goods, or any personal property that is not owned by the owner or occupant of the property where the container is located, is permitted to be stored in said container. Upon reasonable notice to the permit holder, the Township may inspect the contents of any portable storage container for compliance with this subsection.

Storage Containers as Accessory Structures. If the storage container is intended to be used as an accessory structure to an existing principal building, variance relief from the Township Land Use Board must be obtained, as well all relevant requirements of Section 13-32 — Accessory Buildings, Structures, and Uses — must be followed. Failure to comply with the requirements of Section 13-32 shall be deemed a violation of this Chapter with the violator being subject to all applicable penalties.

Signs permitted without permit.

Measurement of sign area. All signs may be double-faced and the maximum area shall apply to each side. The area of the sign shall include each and every part of the sign, including moldings and frames. Where a sign consists of individual letters or numbers, the area of the sign shall be considered as the total area of the smallest rectangle or rectangles which can collectively enclose all of the letters or numbers.

Nonconforming signs. Any nonconforming permanent sign which can be shown to have lawfully existed on the date of enactment of this ordinance may be continued and may be restored, unless the sign has been abandoned.

Abandoned signs. Signs shall be removed by the owner at the owner's expense within ninety days following written notification by the Zoning Officer for any location where the sign no longer relates to an activity conducted on the site. In the event the sign is not removed within this time period, the Township may remove the sign at the expense of the property owner and for this purpose the Township shall have a lien in the amount of the removal cost.

Temporary signs or banners.

One (1) sign, with a maximum area of two (2) square feet indicating the name and address of the occupant of any dwelling.

Signs identifying the names of schools, colleges, houses of worship and other similar public or semipublic institutions:

Any sign erected by the Township, County, State or Federal government.

Signs used for the protection of the public during construction or repairs.

Residential scale solar energy systems are permitted accessory structures and uses in all zone districts within the Township provided they are accessory to a principal use or structure permitted in the zone district by ordinance or variance.

The solar energy system or structure shall comply with the setback requirements in the zone district where they are located.

When located within the building setback limits of the Zoning Ordinance, no site plan approval is required for the separate solar energy system unless a site plan is required for the principal use to which the solar energy system is accessory. If a solar energy system is being added to an existing approved site, and the setback requirements are complied with, then no site plan approval is required and only the necessary construction code permits are required.

In order to obtain the required zoning permit for placement of a solar accessory structure in a front yard, the applicant for the permit shall demonstrate to the Zoning Officer that it is necessary to place the solar energy system in the front yard in order for it to function properly and generate solar energy. The applicant, in demonstrating the necessity for front yard installation, may provide written documentation from a qualified solar installer as to the necessity. If the applicant is not utilizing a commercial solar installer, then the applicant shall provide the reasons for the front yard installation to the Zoning Officer.

Screening. When a solar accessory structure is placed in the front yard, the structure shall be screened as follows: