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Hopewell City Zoning Code

§ 12-5.3

Regulations Applicable to All Zones.

The following regulations shall apply:
a. 
No lot shall have erected upon it more than one principal residential building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
b. 
Accessory Buildings and Secondary Residence Buildings in Side or Rear Yards. Accessory buildings which are accessory to a residential use and secondary residence buildings may be located in any side or rear yard; except, that in case of a corner lot, such buildings shall not be located in that part of the side or rear yard which is nearer to a street line than the front yard setback required for a principal building on the adjacent lot; provided that:
1. 
No such accessory building or secondary residence building shall exceed 15 feet in height.
2. 
No such accessory building or secondary residence building shall be closer to a lot than five feet. However, on contiguous lots, accessory buildings constructed at the same time may be located in pairs or groups along the common lot line.
3. 
All such accessory buildings and secondary residence buildings, in the aggregate, shall not occupy more than 20% of the area of the side yard or rear yard.
c. 
Every primary building shall be built upon a lot with frontage upon a public street improved to meet the borough's requirements pursuant to the land subdivision ordinance of the borough, unless relief has been granted by the board of adjustment under the provisions of the New Jersey Official Map and Building Permit Act (1953), R.S. 40:55-1.40.
d. 
Rental residential dwellings of any kind shall not be located in the cellar of any building. Owner-occupied dwellings shall not be located or situated solely in the cellar of any building.
e. 
At the intersection of two or more streets or at the intersection of a driveway with the street, no hedge, fence, or wall, other than a single post or tree which does not obstruct vision, which is higher than three feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines or the intersecting street and driveway lines and a line joining each 30 feet distant from the intersection.
f. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets, for both principal and accessory buildings.
g. 
Where a building lot has frontage on a street which the master plan or the official map of the borough indicates is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
h. 
No front yard shall be used for open storage of boats, vehicles, or any other equipment except for vehicular parking on driveways. All open storage areas shall be properly landscaped.
i. 
Business structures or uses shall not display goods for sale purposes or coinoperated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.
j. 
All yards, open space, off-street parking, and required landscaping must be contained within the zone in which the use is permitted.
k. 
No trucks of a gross empty weight in excess of 5,000 pounds and no tractors, graders, steam rollers, steam shovels, front end loaders or other construction or earth moving equipment shall be stored or parked outside in any residential zone. Not more than one truck of a gross empty weight in excess of 5,000 pounds, tractor, grader, steam roller, steam shovel, frontend loader or other construction or earth moving equipment shall be garaged on any lot in a residential zone. No vehicles shall be displayed for commercial purposes in any residential zone.
l. 
For the purpose of regulating the locations of accessory buildings in corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street, shall be subject to the front yard requirements of the zone district in which the corner lot or through lot is located.
m. 
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use.
n. 
The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations, and electric substations which require a structure above grade shall be subject to the provisions of this chapter with respect to special exception uses as indicated in each of the respective zones.
o. 
Noise restrictions and control for all proposed uses shall be subject to standards established by the New Jersey Department of Environmental Protection (NJDEP) and the following:
1. 
The burden of proof shall be on the applicant to establish that noise levels of a proposed development shall not exceed standards established by the NJDEP.
2. 
Noise measurements, if required under this section, shall be made by an acoustical engineer using equipment meeting standards of the United States of America Standards Institute.
3. 
The Planning Board may require post-development noise measurements and appropriate noise reduction methods as may be necessary to achieve compliance with NJDEP standards.