Howell Township City Zoning Code
ARTICLE III
Zoning Requirements for Accessory Buildings and Miscellaneous Structures
§ 188-10 Signs.
Signs shall conform to the requirements of Chapter 256, Signs, of the Code of the Township of Howell.
§ 188-11 Accessory buildings.
[Amended 11-1-2011 by Ord. No. O-11-38; 7-18-2017 by Ord. No. O-17-13; 9-25-2018 by Ord. No. O-18-31; 4-2-2019 by Ord. No. O-19-16[1]]
A.
Any accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building unless exempted per Subsection A(1) and (2) below. No building permit shall be issued for an accessory building prior to the issuance of a building permit for the principal building, and construction of the principal building shall precede or coincide with the construction of the accessory building, otherwise the building permit for the accessory building may be revoked. Standby generator systems that do not meet the setback requirements within the residential zoning district in which the principal structure is situated shall comply with the standards set forth in § 188-19. All standby generator systems shall require land use approval prior to installation. Standby generators and air-conditioning units will not count towards a lot's impervious coverage on single-family residential properties.
[Amended 4-27-2021 by Ord. No. O-21-9]
(1)
Outdoor open-air structures/roof overhang extensions connected to the rear of a residential structure that cover a patio or deck and are attached to the principal dwelling shall be required to meet the minimum setbacks of a deck per § 188-15, not the principal dwelling. For the purposes of this section, open-air specifically prohibits any form of enclosure, including solid walls, windows/glass or similar. To be eligible for the exemption, the overhang structure:
(a)
Must be built off a legally existing conforming residential structure;
(b)
Must be open on three sides;
(c)
Must be attached to the rear of the house;
(d)
Cannot extend beyond the side walls of the existing dwelling;
(e)
Cannot extend into the front yard setback of any roadway;
(f)
Must meet all impervious and building coverage standards of the zone in which the property is located;
(g)
Cannot exceed 14 feet in height as measured to the peak or exceed the height of the principal structure, whichever is less.
(2)
Structures not eligible for the exemption above must meet the principal structure's setbacks as required by the zone in which the property is located.
B.
No accessory structure, with the exception of flag poles, light or signposts, walks, driveways, patios at ground level, mail boxes and septic tanks, shall be erected within any front yard.
C.
Setbacks for accessory structures shall be five feet on lots less than 10,000 square feet and equivalent to the height for lots larger than 10,000 feet in all residential zones. However, sheds that are: specifically designed to be and are in fact used for the storage of residential materials; 120 square feet or less; and eight feet in height or less will be permitted with a zero foot setback to rear and side property lines. The setback will be measured from the wall of the shed, edge of foundation/gravel bed, roof overhang or any other attached appurtenance, whichever is the greatest expanse of footprint. Only sheds meeting all three of the criteria above shall be eligible for reduced setback. Only two residential storage sheds per property will be permitted with the reduced setback. Any additional structures will have to meet the general accessory structure setback. Any shed greater than 120 square feet in size or that is taller than eight feet in height will be required to meet the general accessory structure setback. This section shall not apply to any form of pool cabana or other accessory structure that is not specifically designed to be and is in fact used for the storage of residential materials.
D.
Pool cabanas - An accessory structure permitted to a lawfully existing and approved swimming pool on a residential property. The cabana must conform to the following standards:
(1)
A bathroom is permitted, but it may only have a sink and toilet; no indoor shower, bathtub, hot tub sauna or the like is permitted.
(2)
An outdoor shower with hot water is permitted.
(3)
No indoor cooking/kitchen facilities or appliances of any kind are permitted. An outdoor cooking facility will be permitted so long as it is not within the cabana structure itself. An outdoor kitchen can be under cover of an overhang but not within the actual structure.
(4)
Air conditioning is permitted.
(5)
No heating equipment of any kind is permitted.
(6)
The cabana must be seasonal and must be closed when the pool is closed. Additionally, a pool cabana must be closed for at least 90 consecutive days during a 365-day period; if the closure is in the winter months, then the 90 consecutive day period may run from one calendar year into the next.
(7)
Maximum height is one story or 20 feet to the peak. On lots less than 40,000 square feet the maximum height is one story or 14 feet to the peak. Maximum height for structures with flat roofs is one story or 12 feet.
(8)
Setbacks for an accessory structure and other bulk standards must be met for the zone (building and impervious coverage). The maximum size of the structure shall be as follows:
(9)
Pool cabanas are specifically excluded from the zero-foot setback for residential sheds listed in this chapter.
(10)
All lighting shall be shielded sufficiently to prevent light spillage and glare on neighboring properties.
(11)
Cabanas shall not have basements or crawl spaces beneath them.
§ 188-12 Fences and walls.
A.
Fences and walls shall not be located in any required sight triangle and shall not be higher than four feet unless set back from the street line the minimum setback required for the zone, except that there shall be no height limitations other than the maintenance of a clear sight triangle on living fences, fences around agricultural uses, and fences around utility and industrial uses. Fences and walls shall not exceed six feet in height when located more than the required setback from the street line in a residential zone nor more than eight feet in height when located more than the required setback from the street line in a business zone. Fences and walls located in the required setback area shall have open space for light and air representing at least 50% of the fence area.
(1)
For corner lots (as defined in § 188-4) in residential zones, a 50% discount on the required front yard setback will be permitted for the practical side yard, meaning solid fences would be permitted within the discount area for a fence up to six feet in height. The practical side yard will be determined based on the architectural front of the structure. For residential structures whose architectural front is pointing directly to the intersection of the two roadways, the address of the property will define the front property line and the property line along the other roadway will be deemed the practical side yard. This section does not in any way permit the placement of fencing that is greater than four feet in height or less than 50% open space in any area between the architectural front of the residential structure and the front property line. This allowance is permitted for fencing only and does not apply to accessory structures which are not permitted within any front yard setback.
[Added 4-2-2019 by Ord. No. O-19-17]
B.
Any fences and walls built prior to the date of this section, which do not conform to the provisions set forth above in Subsection A regarding setback and/or which are in the Township right-of-way, shall be permitted only if the property owner is able to produce a valid Township permit for its placement and construction. If the property owner is unable to produce a valid permit for the fence or wall in the Township right-of-way, he or she shall be required to relocate the same at his or her own cost and expense. In the event a fence in the Township right-of-way needs to be moved/removed for a road widening project or other similar activity, the fence shall be removed and/or relocated at the property owner’s expense. Mail boxes, telephone poles and other public utilities are specifically excluded from this section. Any land which is to be dedicated to the Township shall be free and clear of any obstructions in the right-of-way prior to its dedication.
§ 188-13 Height.
A.
Mechanical equipment and chimneys and structures which house or enclose such accessory features may be constructed above the maximum height in any district subject, however, to the following:
(1)
Notwithstanding any other provisions of this chapter, the minimum setback from the nearest property line of the premises upon which such structure is located shall be the height of the structure itself.
(2)
Any such structure shall comply with all other rules, ordinances, codes and laws pertaining to same.
B.
Freestanding noncommercial accessories. Water towers, radio and television antennas, windmills and flag poles which are erected as freestanding structures may be erected to a height which can be demonstrated to the Planning Board is necessary to accomplish their intended function. Such structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provision of the New Jersey Uniform Construction Code[1] and the following:
(1)
Private radio or television antenna structures in residential zones shall not be erected nearer to the lot line than the total height of the antenna structure, nor shall such structure be installed near electric power lines or encroach upon any street or other public place. Such a structure not exceeding 12 feet in height may be erected and maintained on the roof of any building.
(2)
Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97) which governs antennas. Amateur radio operators shall submit a copy of their current FCC operator license and documentation of the required antenna height and construction details for any antenna or tower in excess of that permitted for private radio or television antenna structures in Subsection B(1) above. Such antennas or structures shall comply with New Jersey Uniform Construction Code structural design requirements for safety and shall not be located within any required front, side or rear yard setback areas. The height of the tower or antenna shall conform with U.S. Federal Communications regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (FAA) notification and FCC approval. Such structure shall not be utilized to support lights or signs other than those required for aircraft warning in accordance with Federal Aviation Administration regulations or other required safety purposes.
(3)
Personal earth terminals as defined in § 188-4 shall be subject to the following:
(a)
A personal earth terminal may only be located in the rear of any principal structure, shall not be closer to any property line than the height of the antenna and may not be located in a buffer area.
(b)
A personal earth terminal shall not violate the yard setback requirements applicable to accessory structures within the particular zone district as set forth in this chapter.
(c)
A personal earth terminal may be erected only on the ground or on a platform mat not exceeding one foot in height in a secure fashion.
(d)
The height of a personal earth terminal shall not exceed 12 feet.
(e)
All wiring or connecting cables between a personal earth terminal and the principal building shall be buried underground.
(f)
A personal earth terminal shall be so located and shall be effectively screened from view by natural plants, trees or other suitable sight barriers, which shall be maintained in good condition in order to minimize visibility of the earth terminal from any adjacent property or public street as approved by the Planning Board.
(g)
Only one personal earth terminal shall be permitted on any property.
(h)
A personal earth terminal may only be erected on a lot containing a principal structure and may only be used by residents of the principal building on the property in question. Any connection, by cable or otherwise, to adjacent properties shall constitute a violation of yard and setback requirements.
(4)
Notwithstanding any other provision of this chapter, the minimum horizontal distance between a water tower and any school, park or playground within the Township shall be not less than 1,500 feet.
§ 188-14 Swimming pools.
No private residential pool shall be installed on any lot unless said lot shall contain a residence and said pool shall be an accessory to the residence and shall be set back a minimum of 10 feet from any property line. This ten-foot setback should be measured from the waterline unless a sidewalk or a deck is installed adjacent to the pool, then the ten-foot setback should be measured from the furthest outside edge of the sidewalk or deck away from the waterline. All pool equipment shall be set back at least 10 feet from any property line.
§ 188-15 Decks.
[Amended 10-9-2018 by Ord. No. O-18-34]
A.
Residential decks:
(1)
Residential decks attached to principal structure: on lots less than 10,000 square feet the rear yard setback is 10 feet and for lots 10,000 square feet or greater the rear yard setback is 15 feet.
(2)
Side yard setbacks shall be that of the principal structure per the zone.
(3)
"Attached" is defined as being connected, adjacent or touching in anyway. Any bridge attachment from the house to the deck will deem the deck connected.
(4)
Residential decks detached from principal structure: the rear yard setback shall be 15 feet and the side yard setback shall be either 10 feet or the minimum side yard setback for the principal structure, whichever is less.
B.
Residential concrete slab patios, stamped concrete patios, paver patios and permeable paver patios:
(1)
Rear and side yard setback shall be 10 feet.
C.
Residential walkways:
(1)
For purposes of this chapter, "residential walkway" shall mean a man-made linear impervious surface which connects the front yard of a property to the rear yard through the side yard. Residential walkways shall not exceed 48 inches in width and must transition immediately into a residential concrete slab patio, stamped concrete patio, paver patio, permeable paver patio, or residential deck so as to meet the residential concrete slab patio, stamped concrete patio, paver patio, permeable paver patio, or residential deck setback once behind the back wall of the principal structure (in rear yard).
(2)
The side yard setback for residential walkways shall be five feet. At no point shall a residential walkway be permitted in the rear yard so as to provide a reduced setback from a residential concrete slab patio, stamped concrete patio, paver patio, permeable paver patio, or residential deck. Where less than eight feet exists on the side yard, the residential walkway setback may be reduced at the discretion of the Director of Land Use if the width of the residential walkway does not exceed 36 inches.
(a)
Impervious coverage:
[1]
All residential concrete slab patios, stamped concrete patios, paver patios, and permeable paver patios are considered 100% impervious.
[2]
Residential decks are considered 50% impervious (measured as 50% of the area covered by deck).
[3]
All development of residential concrete slab patios, stamped concrete patios, paver patios, permeable paver patios, and residential decks must comply with impervious coverage limits for the zone in which the property is located.
(b)
Easements:
[1]
No residential concrete slab patio, stamped concrete patio, paver patio, permeable paver patio, or residential deck is permitted within a Township drainage easement, utility easement, buffer easement or conservation easement.
[2]
A residential walkway is permitted in a drainage and utility easement only if no other reasonable alternative exists (extra cost or expense will not exclude an alternative location). The owner will be required to replace the residential walkway at their own expense if work is ever needed within the easement.
§ 188-16 Sewage pumping station.
A.
Sewage pumping stations may be constructed in all zones so long as the exterior wall of the structure containing the sewage pumping equipment and/or any appurtenant equipment and/or structures which could create noise or odors shall be a minimum of 100 feet from adjacent property side and/or rear setback lines. Sewage pumping stations located in front yards of lots shall be constructed below ground wherever feasible, or if above ground, contained in such minimum size structures as may be aesthetically compatible with the surrounding area in which they are located, and shall be constructed to minimize any emanation of noise and/or odors off of the property on which they are constructed.
B.
This subsection shall not affect the present location of any sewage pumping station that is existing or for which site plan approval or capital improvement project review and recommendations has heretofore been granted or made. Any substantial enlargement or substantial alteration to an existing sewage pumping station for which site plan approval has previously been granted, or capital improvement project review and recommendations have been made, the result of which would cause the sewer pumping station to be within 100 feet from an adjacent property rear and/or side yard setback line, shall be constructed in such manner as to minimize any further reduction of the distance between the sewage pumping station and the adjacent property rear and/or side setback line.
C.
Any sewage pumping station to be constructed, enlarged or substantially altered shall be buffered along all lot lines separating the sewage pumping station from adjacent residential uses or properties which are zoned for the future construction of residences. The buffer shall be designed, graded, planted, landscaped, screened and developed, including the construction of a berm, if required, so as to obscure the activities of the sewage pumping station on site from view to the adjoining property and to minimize the transmittal of any noise and/or odors to the adjoining property.
§ 188-17 Recreational improvements.
[Added 2-19-2002 by Ord. No. O-02-2]
Any site with recreational improvements which comes before the Planning Board or Zoning Board shall be referred to the Recreation Director for review and comment prior to the Board taking any action on the project.
§ 188-17.1 Eruvs.
[Added 5-6-2025 by Ord. No. 25-20]
A.
Purpose. The purpose of these regulations for the siting, installation, alteration and maintenance of eruvs, and eruv-related items ("outdoor religious enclosure(s)"), as the term(s) may be herein defined, is to:
(1)
Allow for the free expression of religion pursuant to the First Amendment of the United States Constitution, which guarantees freedom of religion and assembly, as well as the use of public spaces as a public forum for religious purposes, in a non-discriminatory manner.
(2)
Encourage the design of outdoor religious enclosures which do not substantially alter the streetscape and which minimize the visual impact of same.
(3)
Establish regulations safeguarding the pedestrian and vehicular traffic, as well as other occupants of the right-of-way.
(4)
Ensure compliance with regulations and codes established by the Uniform Construction Code, the National Electrical Safety Code, as well as the customized requirements of the respective owners of the right-of-way infrastructure, including utility poles, street signs, street lamps and traffic lights.
(5)
Ensure compliance with applicable environmental laws and regulations.
B.
Permit required.
(1)
It shall be unlawful to install, construct or modify, or cause to be installed, constructed or modified, an eruv, or any part thereof, within public rights-of-way and across all public roads within the right-of-way, and across all other public and private property where agreed to and permitted via easement or other legal agreement without first obtaining a permit from the Township Community Development Director or authorized agent.
(2)
Eruv systems maintained solely on utility poles are permitted as of right and do not need a separate permit from the Township, provided the individual or entity installing the eruv system on the utility pole has obtained prior written permission from the utility company.
C.
Design standards and conditions of permit.
(1)
Eruvs may consist of natural features, natural barriers, landscaping in accordance with the Township Code, fences in accordance with the Township Code, new standalone poles where existing poles are not available, lechis, and utility poles. Plastic twine, wire, cable or similar materials are permitted, though they may not obstruct lines of sight. Lechis shall be made of materials and colors that coordinate with the object to which it is attached. Lechis shall not be considered signs or uses.
(2)
Elevated eruv lines shall be attached to existing utility poles if possible. New poles shall be permitted if utility company authorization is not granted. New poles shall be silver or white and shall be made of galvanized metal.
(3)
The minimum height of any horizontal member of an eruv shall be at least 10 feet in height, or at least 20 feet in height across a street or public right-of-way where vehicles travel, unless otherwise agreed upon by the Township, and upon provision of specific need and proofs as requested. At-grade barriers (fences, hedges, etc.) are subject to applicable code regulations.
(4)
Where existing poles are not available, new poles shall not to exceed 20 feet in height, unless otherwise agreed upon by the Township.
(5)
The eruv shall run parallel to any Township property or right-of-way, and shall only cross it when absolutely necessary for viable the design and viability of the eruv. When feasible, the applicant shall work with the Township to incorporate public purpose and environmental designs to ensure compliance with open space regulations.
(6)
It is the applicants' ongoing responsibility that eruv systems be maintained in a safe and orderly condition. In the event that the Township, or any authorized agent thereof, determines that an eruv, or any part thereof, is in an unsafe or hazardous condition, the Township shall notify the person or entity responsible for the eruv system of the unsafe or hazardous condition, and the condition must be corrected within seven days after receipt of notice. In the eruv system poses an immediate safety threat or danger to the right-of-way or any occupant thereof, then the Township shall cause the necessary repairs to be done on an expedited basis, and any cost of which shall be borne by the person or persons responsible for installation and maintenance of the eruv system. In the event that an eruv needs to be taken down for construction or other similar maintenance work or project on public property or the right-of-way, the Township shall coordinate the temporary removal of the eruv with the applicant, and the applicant shall be responsible for taking down.
D.
Permit requirements. Anyone desiring a permit for the construction of an eruv shall submit an application to the Township Department of Community Development, which shall include the following:
(1)
Name and address of applicant.
(2)
A description of the proposed eruv which shall include:
(a)
A sketch diagram of the entire eruv system, including details of height and location (with specific streets and block and lot numbers) of the location and number of all poles of an eruv system.
(b)
Sketch shall include detailed information of the precise location of any eruv system on or across any public property or right-of-way.
(c)
Should the eruv system cross, or be located anywhere on private property, additional written permission from the property owners shall be required as part of the permit application.
(3)
Additional Township permits. Should it be required by the Township, applicants shall be responsible for obtaining any and all additional Township permits, such as construction permits, fence permits, etc., needed to construct the eruv. Township road opening permits (Chapter 277) are only required if the proposed work will disrupt, excavate or otherwise disturb the paved roadway, curbing or sidewalk. Other agency (state or county) road opening permits must be obtained, if required.
(4)
Proof of insurance. Evidence of adequate liability insurance, appropriate for the scope and nature of the proposed eruv system installation and upkeep. This shall include providing the Township with a certificate of insurance naming the Township as an additional insured.
(5)
Indemnification requirement. Applicant shall agree to indemnify, hold harmless, defend, and protect the Township, its officers, officials and employees, from and against any and all claims or liability arising out of the use and occupancy of the public property or right-of-way for the eruv system, which shall include, but not be limited to, all reasonable costs, damages, expenses, penalties and reasonable attorney's fees. The applicant shall be required to enter into an indemnification agreement acceptable to the Township to memorialize same.
(6)
Proof that all utilities have been marked out or are pending under an active request. Proof must be provided through New Jersey's Call Before You Dig service.
(7)
Permit fee. The applicant shall submit a permit fee of $85 for a standard eruv permit application. The $85 permit shall be for one eruv system. Should the application span more than one system, in the Township's description, the applicant may be required to obtain additional permits for each system.
(8)
An applicant meeting the above criteria and paying the required fee shall be issued a permit for the construction and installation of an eruv.
E.
Violation, penalties, and revocation.
(1)
Violations and penalties. Any person violating any of the provisions of this section shall, upon conviction thereof, be subject to a fine not exceeding $1,000 for each violation.
(2)
Permit revocation. The Township may revoke an issued permit if the applicant does not adhere to the terms of the permit or this section.