Knowlton City Zoning Code
ARTICLE 35
Zone Regulations in All Zones
§ 11-271 General regulations.
A.
No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designated, used or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
B.
No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building or structure is located.
C.
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner except in conformity with the area, bulk and yard requirements and other regulations hereinafter designated for the zone in which such building or open space is located.
D.
No yard or other open space provided about any building for the purpose of complying with the provisions of this Part VI considered as providing a yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
E.
No minimum off-street parking area, loading or unloading area shall be considered as providing off-street parking, loading or unloading area for a use or structure of any other lot, except as provided herein.
F.
No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones. Vehicle access for nonresidential uses shall not traverse a single-family residential zone and shall be directly from a street specified as a primary or secondary collector road as shown in the duly adopted Master Plan of the Township of Knowlton.
G.
Not more than one principal structure or use shall be permitted on a lot; this requirement shall not apply to planned development and store groups where permitted nor to certain permitted accessory uses which are specifically permitted in certain zones.
[Amended 6-12-2000 by Ord. No. 00-10]
H.
Accessory buildings and structures not to be constructed prior to principal building. No construction permit shall be issued for the construction of any accessory building or structure prior to the issuance of a construction permit for the principal building.[1]
[Added 4-23-1998 by Ord. No. 98-3]
[1]
Editor's Note: Former Subsection I, regarding creation of certain new lots of less than one acre, added 6-12-2000 by Ord. No. 00-10, which immediately followed this subsection, was repealed 12-22-2005 by Ord. No. 05-22.
§ 11-272 Sales or construction trailers.
[Amended 4-27-1995 by Ord. No. 95-5]
Either one sales or one construction trailer shall be permitted on the site. The trailer shall be removed after the sale or construction of the final unit and must be shown on the site plan of the preliminary plat.
§ 11-273 Corner lots.
At all street intersections, no obstruction to vision exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot line or their extension thereof 30 feet distant from their intersection. Every yard of a corner lot which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage, except in the Commercial Zones, where the side yard shall be 1/2 of the corner front yard setback. The rear yard shall be determined and located opposite the front entrance of the structure. The remaining yard shall be considered a side yard.
§ 11-274 Yards of lots fronting on more than one street, other than corner lots.
Where a lot which is not a corner lot fronts on more than one street, every yard which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage. In the case of a lot running through from one street to another, the frontage of such lot, for the purposes of this Part VI, shall be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on his or her permit application which lot line shall be considered the front lot line.
§ 11-275 Frontage upon a street.
[Amended 6-12-2000 by Ord. No. 00-10]
Every principal building shall be built upon a lot with the minimum required frontage on an improved and approved street in accordance with the street standards established by the Township of Knowlton, except as permitted in the FP Zone.
§ 11-276 Lot width on cul-de-sac.
In all zones, except FPZ, both the lot frontage and the lot width shall be as shown on the Table of Bulk Requirements[1] for the zone under the requirement for minimum lot width on cul-de-sac. Lot frontage shall be measured on the right-of-way line. Lot width shall be measured at the setback line.
[1]
Editor's Note: Former Appendix 1, Bulk Requirements for Preexisting Lots, was repealed 10-26-1995 by Ord. No. 95-10.
§ 11-277 Height regulations.
A.
General height application. No building or structure shall have a greater number of stories or greater number of feet than are permitted in the zone where such building or structure is located.
B.
Permitted height exceptions.
(1)
Height limitations stipulated elsewhere in this chapter shall not apply to churches, spires, belfries, cupolas and domes, monuments, historic edifices, chimneys, flagpoles, private radio and television antennas (excluding parabolic and satellite dishes) and fire towers, any of which is attached to the principal structure. Utility poles, wires, light stanchions and telephone poles are also exempt. Essential services are also exempt. All freestanding exceptions shall be considered as accessory structures.
(2)
Permitted exceptions listed under Subsection B(1) above, when freestanding and not attached to the principal structure, shall be limited to a height equal to the distance of the freestanding structure to the closest lot line.
(3)
Mechanical appurtenances such as condensers, elevator penthouses, exhaust fans, air-conditioning equipment and other similar equipment are exempt from these height restrictions, provided that they do not extend more than 10 feet above the maximum height limitations, cover no more than 10% of the roof area and are properly shielded by a parapet wall.
§ 11-278 Yard regulations.
A.
Unobstructed yards. Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, doorposts, rainwater leaders and similar ornamental or structural fixtures which may not project more than one foot into such yards or as may otherwise be permitted in this chapter. Parking is permitted except where otherwise prohibited by this Part VI.
B.
Projections. Cornices, eaves, bay windows, balconies and uncovered stairways may project not more than two feet into any required yard.
C.
Patios, decks and barbecues. Patios, decks and/or outdoor barbecues must be erected within the building envelope.
[Amended 12-22-2005 by Ord. No. 05-22]
D.
Yards. No open space provided around any principal building for the purpose of complying with front, side or rear yard provisions shall be considered as providing the yard provisions of another principal building. On a lot which extends through a block in a manner resulting in frontage on two or more streets, including corner lots, the building setback from each street shall not be less than the required front yard.
E.
Front yard requirements affected by Official Map or Master Plan. Where any lot fronts on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Township of Knowlton or Master Plan of Warren County or by the State of New Jersey, as adopted by the appropriate agency pursuant to law, the front and rear yard of any interior lot or side yard of a corner lot in such zone shall be measured from such proposed future right-of-way line.
§ 11-279 Side yard exceptions.
A.
Except in the FP Zone, any corner lot delineated by subdivision after adoption of this chapter shall provide a side street setback line which shall be the same as the minimum front yard required on any adjoining lot fronting on the side street. Parking may be permitted within this area not closer than 20 feet to a right-of-way line.
B.
A corner lot plotted on the township's Tax Maps as the lot existed at the time of adoption of this chapter or any corner lot shown on any subdivision plat which received approval prior to the adoption of this chapter, in which the application of Subsection A above would render said lot unbuildable, on approval of the Approving Board, may be permitted to encroach into one or both of the required side yards or front yard, as the case may be, in such a manner as the Approving Board may decide is consistent with the objectives of good planning and zoning, provided that it can be done without any adverse effect on any adjacent lots.
§ 11-280 Lot coverage.
A.
Maximum lot coverage. The maximum lot coverage on each lot shall not be greater than is permitted in the zone where such buildings and structures are located and shall include all porches, chimneys, overhangs such as cornices, eaves, bay windows, balconies and uncovered stairways, extensions and accessory buildings and structures.
B.
Maximum improved lot coverage. In all zones, in connection with every industrial business, institutional, recreational, residential or other use, the maximum permitted lot coverage of principal and accessory buildings and structures and improved areas, including off-street parking and loading areas, driveways and other impervious surfaces, shall not exceed that percentage set forth in applicable zone district bulk requirements.
§ 11-281 Number of buildings or uses restricted.
A.
No use, other than agriculture, shall be permitted on any lot on which there is no principal building or structure.
[Amended 4-27-1995 by Ord. No. 95-5]
B.
Only one principal building may be erected on a lot except for related, compatible buildings constituting one basic use or operation, under one management and limited to the following:
C.
Unless otherwise regulated in this chapter, the principal building as permitted herein shall be at least 30 feet from another principal building situated on the same lot, and no principal building shall be located closer to the front, rear or side yard line than the minimum distance required by the zone district.
§ 11-282 Nonconforming uses, structures and lots.
A.
Continuation of use. A use, building or structure lawfully in existence at the effective date of this chapter, which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto, may be continued except as otherwise provided in this section.
B.
Regulation of nonconforming uses.
(1)
No existing building or structure devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered except when changed to a conforming use or when required to do so by law and as follows:
(a)
Restoration. Any nonconforming use or structure partially damaged by fire, casualty or act of God may be repaired, restored, reconstructed or used as before, provided that the area of such use, building or structure shall not exceed the area which existed prior to such damage. All repairs shall be commenced within one year after damage occurs and shall be completed within two years of such date, or such use shall not be rebuilt except as a conforming use.
(b)
Repairs. Normal maintenance and repair of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use and does not increase the number of dwelling units.
(c)
Reconstruction. When a nonconforming structure or use is totally destroyed or damaged by fire or other casualty or an act of God, the nonconforming structure or use shall thereafter be terminated.
(2)
Nothing in this chapter shall prevent the strengthening or restoring to a safe or lawful condition any part of any building or structure declared unsafe or unlawful by the Construction Official or other authorized state or township official.
C.
Termination of nonconforming uses.
(1)
Termination. In the event that any significant changes are made to a nonconforming use, which would be indicative of an intent to abandon the nonconforming use, then the rights to the nonconforming use shall be terminated.
(2)
Nonconforming buildings lawfully under construction. Any nonconforming structure or use lawfully under construction on the effective date of this chapter pursuant to plans filed with the Construction Official, and approved by the official and all other township boards and agencies as required under law, may be completed and may be used for the nonconforming use for which it was designed, to the same extent as if such building has been completed and was in use on the effective date of this chapter.
D.
Other considerations.
(1)
The determination as to whether the structure or use has been partially or totally destroyed or damaged shall be made by the Construction Official. The applicant may appeal that determination to the Zoning Board of Adjustment pursuant to law.[1]
[1]
Editor's Note: Former Subsection D(2) through (5), as amended, pertaining to preexisting lots which are conforming at the time of their creation, existing lots with single-family structures which do not abut a public road and improved lots in residential zones which exist as isolated lots, was repealed 10-26-1995 by Ord. No. 95-10.
E.
Preexisting residential and residentially developed lots of less than 60,000 square feet in the FP Zone.
[Added 10-26-1995 by Ord. No. 95-10; amended 6-12-2000 by Ord. No. 00-10]
(1)
Notwithstanding any of the provisions of this chapter, preexisting residential and residentially developed lots in the FP Zone may be developed with a single-family residence and residential accessory structures in accordance with the bulk requirement standards of this zone in § 11-296 with the exception of lot size.
(2)
No further subdivision of any lot shall be permitted.
F.
Preexisting residential and residentially developed lots of less than one acre in the AR Zone and less than 1/2 acre in the VR Zone. Notwithstanding any of the provisions of this chapter, preexisting residential and residentially developed lots in these zones may be developed with a single-family residence and residential accessory structures subject to the following standards:
(1)
Minimum front yard: 30 feet and in alignment or consistent with adjacent preexisting single-family dwellings.
(2)
Minimum side yard (both): 20% of lot width.
(3)
Minimum rear yard: 40 feet.
(4)
Minimum accessory structure setbacks as required in the AR 1 and the VR Zones are applicable.
(5)
No further subdivision of any lot shall be permitted.
§ 11-283 Fences or walls.
Fences or walls in excess of 30 inches in height shall be considered as accessory uses to a principal permitted use and are permitted in all residential zones in accordance with the standards set forth below.
A.
Type of fence or wall and degree of transparency are described below.
Table VI-1 | ||
|---|---|---|
Degree of Transparency1 | ||
Solid (50% or more solid) | Semitransparent (25% up to 50%) | Transparent (Up to 25%) |
Solid picket | 1 x 2 wood screen | Split rail |
Board | Contemporary | Contemporary |
Board and batten | Picket | Rail |
Louver panel | Cinder or concrete block | Wire mesh |
Staggered board panel 1 X 4 wood screen, brick Cinder or concrete block | Rail and wire mesh | |
NOTES: | |
|---|---|
1 | "Transparency" is defined as the total area of solid elements divided by total area of fence. Translucent, transparent or clear plastic or similar materials shall be considered as solid elements. |
B.
Residential zone maximum height and location of fences or walls are described below.
Table VI-2 | ||
|---|---|---|
Fence or Wall Height and Location | ||
Type | Maximum Height (feet) | Location |
Solid | 6 | Not to extend beyond rear building line; anywhere between rear building and side and rear lot lines. Such fences or walls may extend alongside and rear property lines. |
Semitransparent | 6 | Not to extend beyond front building line; anywhere between building and side and rear lot lines. Such fences or walls may extend alongside and rear property line. |
Transparent | 4 | Anywhere on the lot up to the lot lines. |
C.
Nonresidential zone maximum height and location of fences or walls are described below.
Table VI-3 | ||
|---|---|---|
Fence or Wall Height and Location | ||
Type | Maximum Height (feet) | Location |
Solid | 8 | Not to exceed beyond rear building line; anywhere between rear building line and side and rear lot lines. Such fences may extend alongside and rear property lines. |
Semitransparent | 8 | Not to extend beyond the front building lines; anywhere between building and side and rear lot lines. Such fences may extend alongside and rear property lines. |
Transparent | 8 | Anywhere on the lot up to the lot lines. |
D.
General regulations.
(1)
Landscaping is not defined as a fence or wall for the purposes of this section and, therefore, does not require a permit.
(2)
Corner lots. On corner lots, no wall or fence shall be located closer than the required front yard setback for that zone from any street right-of-way line for that zone.
(3)
Obstruction to vision. No fence, wall or landscaping shall be so constructed or installed so as to constitute a hazard to traffic or safety.
(4)
Notwithstanding any of the provisions set forth in Table VI-2 above, a fence up to four feet in height which is at least 50% transparent may be constructed in the front yard of any residential zone.
(5)
Site plans are required in nonresidential zones, but may be waived by the Approving Board.
(6)
No fence or wall shall be constructed with barbed wire, metal spikes or other dangerous material or constructed in such a manner as to be dangerous to animals or humans.
(7)
Fences used for agricultural purposes shall be exempt from this section.
(8)
The finished side of any fence shall face the adjacent property or right-of-way.