Hardwick Township City Zoning Code
ARTICLE IV
Supplementary Zoning Regulations
§ 13-30 PURPOSE.
§ 13-31 NONCONFORMING LOTS, USES AND STRUCTURES.
Except as otherwise provided in this chapter, lots of one (1) acre or greater existing on or before January 1, 2000, shall be considered a pre-existing nonconforming lot and shall continue to be valid notwithstanding the fact that said lot may have been rendered nonconforming due to a change in the permitted minimum lot size as defined by this ordinance.[1]
§ 13-32 ACCESSORY BUILDINGS, STRUCTURES AND USES.
[Ord. No. 96/4 § 13-32; Ord. No. 2007/06 § 1; Ord. #2007/08 § 1; Ord. No. 2013-03 § 5; amended 7-6-2022 by Ord. No. 2022-05]
a.
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.
b.
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.
c.
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:
1.
Long side dimensions and heights as defined in § 13-6 are limited in accordance with Table 1.
Table 1 | ||
|---|---|---|
Distance from Property Line (feet) | Maximum Building Long Side Dimension (feet) | Maximum Building Height (feet) |
10 | 13 | 12 |
15 | 17 | 14 |
20 | 21 | 16 |
25 | 25 | 17 |
30 | 29 | 19 |
35 | 34 | 21 |
40 | 38 | 22 |
45 | 42 | 24 |
49.9 | 46 | 25 |
NOTE: For setbacks falling between values given, the lower limits apply. |
2.
The structure is not a swimming pool, or a building used to shelter animals, poultry, or the like.
3.
Where multiple structures are located within side and rear setback regions as permitted by this section of the Code, the minimum distance between the closest points of these structures shall be 50 feet.
§ 13-33.1 Yards.
[Ord. No. 96/4 § 13-33.1; Ord. No. 2006/15 §§ 1,2]
a.
Yard dimensions. Minimum required yard dimensions shall include required transition buffers.
b.
Corner lot. On a corner lot, the front yard shall be deemed to be where the driveway intersects a public street.
c.
Through lot. On a through lot, the front yard shall be deemed to be where the driveway intersects with a public street.
§ 13-33.2 Minimum Net Habitable Floor Area.
[Ord. No. 96/4 § 13-33.2]
The net habitable floor area of any dwelling unit shall be not less than the least restrictive of the most current minimum floor areas as promulgated by the New Jersey Housing Finance Agency or the United States Department of Housing and Urban Development in its minimum property standards manual.
§ 13-33.3 Maximum Occupancy Limits.
[Ord. No. 96/4 § 13-33.3]
The number of occupants of any dwelling unit shall not exceed the maximum permitted under the most current occupancy guidelines as established by the United States Department of Housing and Urban Development.
§ 13-33.4 Maximum Number of Principal Structures.
[Ord. No. 96/4 § 13-33.4]
In any zone, there shall be not more than one (1) principal structure on each lot.
§ 13-33.5 Enlargement of Nonconforming Principal Structure.
[Ord. No. 2006-03; Ord. No. 2006/07; Ord. No. 2011-07; Ord. No. 2013-12; 11-3-2021 by Ord. No. 2021-09]
a.
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.
b.
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.
c.
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.
1.
A further encroachment into a minimum yard space means shortening the distance from a relevant property line when an encroachment is preexisting.
2.
As indicated below for reasons noted above, a tolerance allowance such that a further encroachment of five feet or less is permitted in some situations, but only for fill-in type additions or for portions of additions which are fill-in type.
d.
The three situations in which a variance is not required are as follows:
1.
The existing principal structure and the proposed addition do not encroach more than 50% into any minimum yard space; and, the proposed addition does not further encroach into the minimum yard space, i.e., shorten the distance to a relevant property line, or, if it does, the further encroachment is within the permitted tolerance, if applicable.
2.
The existing principal structure is partially within the outer 50% of a minimum yard space, i.e., the space between a property line and a parallel line drawn at 50% of required setback distance; and, the proposed addition is entirely outside of the outer 50% of the minimum yard space; and, the proposed addition does not further encroach into the minimum yard space, i.e., shorten the distance to a relevant property line, or, if it does, the further encroachment is within the permitted tolerance, if applicable.
3.
The existing principal structure is entirely within the outer 50% of a minimum front yard space, i.e., between the front lot line and a parallel line drawn at 50% of the required setback distance; and, the proposed addition is entirely to the rear of the principal structure, i.e., in a direction most directly away from the front lot line.
§ 13-34 SWIMMING POOLS, TENNIS COURTS AND SIMILAR PRIVATE RECREATIONAL FACILITIES.
[Ord. No. 96/4 § 13-34]
Except for portable swimming pools less than three (3) feet in height and less than ten (10) feet in length or diameter, the following regulations shall apply to permanent and portable swimming pools, tennis courts and similar recreational facilities that are accessory to a residential use:
a.
Said use shall be located on the same lot as the principal structure and only in the side or rear yard.
b.
Said use shall comply with the minimum side and rear yard requirements for principal structures.
c.
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.
e.
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.
f.
Tennis court drainage shall be approved by the Township Engineer.
§ 13-35 FENCES AND WALLS.
[Ord. No. 96/4 § 13-35; amended 9-23-2020 by Ord. No. 2020-04]
a.
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:
1.
A fence or wall up to eight (8) feet in height shall be permitted on any property line.
2.
Fences with only one finished side shall be located with the finished side toward the adjacent property or roadways as applicable.
3.
Use of razor-wire or solid corrugated metal fencing material is prohibited.
4.
If barbed wire is used for any portion of fencing along a property line facing a roadway, the highest strand shall not be placed more than five (5) feet above the ground.
5.
Fences and walls shall not be located within road right-of-ways.
NOTES: |
Care should be taken in the placement of fences and walls an in the selection of materials for fences to ensure that sight triangles for driveways and intersections are not impaired. |
If fences or walls are to be placed so as to encroach upon easements, terms of the easement agreement should be consulted to determine if the proposed placement is permitted. |
Construction of walls greater than four (4) feet in height requires issuance of a permit from the construction official. |
§ 13-36 OUTDOOR STORAGE.
[Ord. No. 96/4 § 13-36]
All outdoor storage shall conform to the following requirements.
§ 13-36.1 Residential Districts.
[Ord. No. 96/4 § 13-36.1]
Outdoor storage of any kind or nature, except storage of those items customarily used in conjunction with and incidental to a residential occupancy or agricultural use, is prohibited in all residential zones, with the following exceptions:
a.
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.
b.
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.
c.
Commercial vehicles. No more than two (2) commercial vehicles may be parked, stored or garaged overnight subject to the following conditions:
1.
Commercial vehicles permitted by this section are defined as vehicles with a rated gross weight of up to ten thousand (10,000) pounds, of a length up to two hundred forty (240) inches, or a width or height up to eighty-four (84) inches used in business and commercial registered by the Division of Motor Vehicles.
2.
If two (2) commercial vehicles are parked or stored on a lot, at least one (1) shall be stored in a garage.
3.
Only one (1) commercial vehicle may be parked or stored outdoors on a lot, and shall be located within the building envelope.
4.
Vehicles which are not garaged shall be fully screened from adjacent properties along side or rear property lines as well as from the road.
5.
All commercial vehicles permitted by these provisions to be parked, stored or garaged on any property located in any residential zone shall be owned by and registered to the owner or occupant of the premises or the owner/occupant's employer.
6.
Parking of construction equipment vehicles is allowed on a temporary basis when construction is taking place on the lot or making delivery.
7.
No school or passenger buses or tractor trailers shall be permitted on any residential lot.
d.
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:
1.
The maximum thirty (30) feet shall include hitching devices.
2.
All boats or boat trailers shall display a current State license and/or registration, if required by law.
3.
The standards for boats and boat trailers shall be the same as those set forth in Subsection 16-36.1b for house trailers and recreation vehicles.
§ 13-37.1 General Standards.
[Ord. No. 96/4 § 13-37.1]
a.
Signs permitted without permit.
1.
Historic tablets, cornerstones, memorial plaques and emblems which do not exceed six (6) square feet in area and which are installed by government agencies or civil or religious organizations.
2.
Signs which issue warnings or safety messages, such as but not limited to "no hunting," "no trespassing," "beware of dog," "private road," "private driveway," etc., provided they do not exceed two (2) square feet in area.
3.
Signs displaying construction or building permits up to two (2) feet in the maximum dimension.
4.
Agricultural signs up to six (6) square feet not illuminated.
b.
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.
c.
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.
d.
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.
e.
Temporary signs or banners.
1.
One (1) temporary sign identifying the architects, engineers, builders, brokers, contractors and others connected with the construction or repair of any building on such lot may be erected or installed without any permit. No such sign shall be displayed beyond the effective date of any certificate of occupancy affecting the premises. Unless affixed to the principal building, such signs shall be set back at least ten (10) feet from all property lines. Such temporary sign shall not exceed fifteen (15) square feet in area or five (5) feet in height above ground level.
2.
One (1) temporary "for sale" or "for rent" sign may be erected or installed without any permit. Such sign shall not exceed an area of six (6) square feet. Such sign shall be set back from the right-of-way line. The "for sale" or "for rent" sign shall be removed within seven (7) days following the completion of the sale or rent transaction.
3.
Temporary political signs shall be permitted in all zones for a period of two (2) months prior to a primary, general or special election and for one (1) week thereafter. Said signs shall not exceed six (6) square feet, and no side or diameter of any sign shall exceed three (3) feet.
§ 13-37.2 Sign Standards in Residential Zones.
[Ord. No. 96/4 § 13-37.2; Ord. No. 99/6]
Only the following types of signs shall be permitted in residential districts:
a.
One (1) sign, with a maximum area of two (2) square feet indicating the name and address of the occupant of any dwelling.
b.
Signs identifying the names of schools, colleges, houses of worship and other similar public or semipublic institutions:
1.
The area of any freestanding sign shall not exceed ten (10) square feet, and not more than one (1) such sign shall be placed at least five (5) feet from the right-of-way of any street upon which the property fronts, along any street on which such property fronts at least five (5) feet from the curb.
2.
Signs designating entrances or exits to or from parking areas shall be limited to one (1) sign with a maximum area of two (2) square feet for each such exit or entrance and located at least five (5) feet from a property line. One (1) additional sign per parking area designating the conditions of use or identity, with a maximum area of six (6) square feet, shall be permitted.
c.
Any sign erected by the Township, County, State or Federal government.
d.
Signs used for the protection of the public during construction or repairs.
§ 13-38.1 Preamble.
[Ord. No. 2007/14 § 1; Ord. No. 2011-08 § 2]
It is the purpose of the Township to promote the utilization of solar energy systems in order to maximize the utilization of a clean, safe and available energy source. Solar energy system installations shall be installed so as to minimize the visual impact. Residential scale solar energy systems are regulated by this § 13-38 of the Hardwick Township Land Development Ordinance and are permitted accessory structures and uses. Commercial scale solar energy systems are conditionally permitted uses and are regulated under the provisions of Subsection 13-12.3d of the Hardwick Township Land Development Ordinance. Solar energy systems on commercial and industrial buildings conforming to the standards in the definition of residential scale solar energy systems set forth below in Subsection 13-38.2 are permitted accessory structures and uses.
§ 13-38.2 Definitions.
[Ord. No. 2007/14 § 1; Ord. No. 2011-08 § 2]
A solar energy system installation which produces energy in a year's time which is one hundred ten (110%) percent or less of the total amount which may be reasonably anticipated to be consumed on average in a year's time by a principle residential use on the same parcel. In this context, reasonably anticipated may include actual or estimated present or future usage for lighting, space hearing, air conditioning, charging of electric vehicles, and other energy consumption that may be associated with or anticipated in the near future to be associated with a principal residential use.
A use that is subordinate to the principal building, structure or use and located on the same lot. Solar energy systems, as defined herein, are permitted accessory buildings, structures or uses in conjunction with residential, commercial and industrial buildings.
An energy system which converts solar energy to usable thermal or electrical energy to meet all or a significant part of a building's energy requirements. As used in this chapter, the primary application of a solar energy system is the conversion of solar radiation to either thermal energy to meet all or part of a building's heating and domestic hot water requirements or electricity to meet all or part of a building's electrical energy requirements.
§ 13-38.3 Zoning Regulations Pertaining to Residential Scale Solar Energy Systems.
[Ord. No. 2007/14 § 1; Ord. No. 2011-08 § 2]
a.
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.
b.
The solar energy system or structure shall comply with the setback requirements in the zone district where they are located.
c.
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.
d.
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.
e.
Screening. When a solar accessory structure is placed in the front yard, the structure shall be screened as follows:
1.
Where natural screening is already in existence, no additional screening shall be required between the street and the solar accessory structure.
2.
If the back of the solar accessory structure faces the street, evergreen screening shall be planted along the back of the accessory structure to obscure or shield the view from the street of the solar accessory structure.
3.
Where the front of the solar accessory structure faces the street, evergreen screening shall be planted along the front of the solar accessory structure in such a manner that it does not impair the functionality of the solar accessory structure. It is the intent of this section that the landscaping shall obscure or shield the solar accessory structure when viewed from the street.
4.
Roof Top Installations of Solar Energy Systems. If a property owner elects to install a component of a solar energy system on a roof of an existing structure, only the necessary construction code permits shall be required.