Mannington Township
City Zoning Code
City Zoning Code
ARTICLE IX
Application of Regulations
§ 70-35 Use regulations.
No use or occupancy of any building, structure or land shall hereafter be changed to a different use or occupancy and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, unless in conformity with all of the regulations herein specified for the district in which it is located, except as hereinafter provided.
§ 70-36 Area regulations.
A.
No building or other structure shall hereafter be erected or altered to exceed the height, to accommodate or house a greater number of families, to occupy a greater percentage of lot area, or to have a narrower or smaller rear yard, front yard, side yard or other open spaces than are herein provided, or in any other manner contrary to the provisions of this chapter, except as hereinafter provided.
B.
Contiguous lots. If two or more lots or combinations of lots or portions of lots with contiguous frontage in single ownership are of record at the time of passage or amendment of this chapter, and if all or part of the lots do not meet the requirements for lot width and area as established by this chapter, the lands involved shall be considered to be an undivided parcel for the purpose of this chapter, and no portion of said parcel shall be used or sold which does not meet lot width and area requirements established by this chapter, nor shall any division of the parcel be made which leaves remaining any lot with width or area less than the requirements stated in this chapter.
C.
Corner lots. Building setback lines for a corner lot shall be the same as required on the adjoining lot along either block.
D.
Existing lots.
[Amended 4-7-2022 by Ord. No. 22-03
(2)
Single-family residential development of certain preexisting undeveloped lots in A-Agricultural Districts.
(a)
Any lawfully created vacant undeveloped lot in an A District that was in existence in its current configuration on November 1, 2007 (the date of adoption of Ordinance No. 07-14), and which is at least 60,000 square feet in size, shall be subject to the following requirements for minimum lot width, lot depth, yard dimensions, maximum height, and maximum building and impervious materials coverage that were in effect for such lot immediately prior to the adoption of the aforesaid ordinance if such lot is proposed for single-family residential development and use:
(b)
The purpose of this Subsection D(2) is to permit the construction and use of single-family residential dwellings and lawful residential accessory structures on lawfully created preexisting isolated undeveloped A District lots of at least 60,000 square feet without the need for variances or other approvals from the Mannington Township Planning Board, as long as such proposed single-family development and use complies with the above requirements.
(3)
Single-family residential development of certain preexisting undeveloped lots in CR-Conditional Residential Districts.
(a)
Any lawfully created vacant undeveloped lot in a CR District that was in existence in its current configuration on November 1, 2007 (the date of adoption of Ordinance No. 07-14), and which is at least 60,000 square feet in size, shall be subject to the following requirements for minimum lot width, lot depth, yard dimensions, maximum principal structure height, and maximum building coverage that were in effect for such lot immediately prior to the adoption of the aforesaid ordinance, and the following more tolerant requirements that were established by Ordinance No. 07-14 for CR District maximum accessory structure height and maximum impervious materials coverage, if such lot is proposed for single-family residential development and use:
(b)
The purpose of this Subsection D(3) is to permit the construction and use of single-family residential dwellings and lawful residential accessory structures on lawfully created preexisting isolated undeveloped CR District lots of at least 60,000 square feet without the need for variances or other approvals from the Mannington Township Planning Board, as long as such proposed single-family development and use complies with the above requirements.
(4)
Single-family residential development of certain preexisting undeveloped lots in RR-Rural Residential Districts.
(a)
Any lawfully created vacant undeveloped lot in an RR District that was in existence in its current configuration on November 1, 2007 (the date of adoption of Ordinance No. 07-14), and which is at least two acres in size, shall be subject to the following requirements for minimum lot width, lot depth, yard dimensions, maximum principal structure height, and maximum building coverage that were in effect for such lot immediately prior to the adoption of the aforesaid ordinance; the following more tolerant requirements that were established by Ordinance No. 07-14 for RR District maximum accessory structure height and maximum impervious materials lot coverage; and the following more tolerant requirement that was enacted in Ordinance No. 16-06, adopted October 6, 2016, for RR District minimum accessory side yard dimensions, if such lot is proposed for single-family residential development and use:
[1]
Minimum lot width: 200 feet.
[2]
Minimum lot depth: 200 feet.
[3]
Minimum yard dimensions:
[4]
Maximum height (principal uses and structures): 35 feet.
[5]
Maximum height (accessory uses and structures): 45 feet.
[6]
Maximum lot coverage (buildings): 10%.
[7]
Maximum lot coverage (impervious materials): 15%.
(b)
The purpose of this Subsection D(4) is to permit the construction and use of single-family residential dwellings and lawful residential accessory structures on lawfully created preexisting isolated undeveloped RR District lots of at least two acres without the need for variances or other approvals from the Mannington Township Planning Board, as long as such proposed single-family development and use complies with the above requirements.
(5)
Further single-family residential development of certain developed single-family residential lots in A-Agricultural Districts.
(a)
Any lawfully created lot in an A District that existed in its current configuration on April 7, 2022 (the date of adoption of Ordinance No. 22-03), and on which existed, as of such date, a lawfully constructed single-family residential dwelling, shall not be subject to any minimum lot area, lot width, or lot depth requirements in connection with: any proposed enlargement or other modification of the single-family residential structure; any enlargement, modification, or replacement of any existing lawfully constructed or developed accessory structure or use; or any construction or development of new accessory structures or uses, provided that any such enlarged, modified, replaced, or new structure or development must comply with the following minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements, and, further, provided, that the lot must continue to be used only for lawful single-family residential purposes:
(b)
This Subsection D(5) shall be applicable only to isolated lots in A Districts that were lawfully created, and lawfully developed and used for single-family residential purposes as of April 7, 2022 (the date of adoption of Ordinance No. 22-03), and which have remained unchanged as to shape, size and dimension, and not subdivided or otherwise reduced, enlarged, or altered since such date. The purpose of this subsection is to permit the enlargement or modification of lawfully existing single-family dwellings, and the construction, development, enlargement, modification, and replacement of lawful residential accessory structures and uses on such isolated A District lots, as long as such structures and uses comply with the aforesaid minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements.
(6)
Further single-family residential development of certain developed single-family residential lots in CR-Conditional Residential Districts.
(a)
Any lawfully created lot in a CR District that existed in its current configuration on April 7, 2022 (the date of adoption of Ordinance No. 22-03), and on which existed, as of such date, a lawfully constructed single-family residential dwelling, shall not be subject to any minimum lot area, lot width, or lot depth requirements in connection with: any proposed enlargement or other modification of the single-family residential structure; any enlargement, modification, or replacement of any existing lawfully constructed or developed accessory structure or use; or any construction or development of new accessory structures or uses, provided that any such enlarged, modified, replaced, or new structure or development must comply with the following minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements, and; further, provided, that the lot must continue to be used only for lawful single-family residential purposes:
(b)
This Subsection D(6) shall be applicable only to isolated lots in CR Districts that were lawfully created, and lawfully developed and used for single-family residential purposes as of April 7, 2022 (the date of adoption of Ordinance No. 22-03), and which have remained unchanged as to shape, size and dimension, and not subdivided or otherwise reduced, enlarged, or altered since such date. The purpose of this subsection is to permit the enlargement or modification of lawfully existing single-family dwellings, and the construction, development, enlargement, modification, and replacement of lawful residential accessory structures and uses on such isolated CR District lots, as long as such structures and uses comply with the aforesaid minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements.
(7)
Further single-family residential development of certain developed single-family residential lots in RR-Rural Residential Districts.
(a)
Any lawfully created lot in an RR District that existed in its current configuration on April 7, 2022 (the date of adoption of Ordinance No. 22-03), and on which existed, as of such date, a lawfully constructed single-family residential dwelling, shall not be subject to any minimum lot area, lot width, or lot depth requirements in connection with: any proposed enlargement or other modification of the single-family residential structure; any enlargement, modification, or replacement of any existing lawfully constructed or developed accessory structure or use; or any construction or development of new accessory structures or uses, provided that any such enlarged, modified, replaced, or new structure or development must comply with the following minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements, and; further, provided, that the lot must continue to be used only for lawful single-family residential purposes:
(b)
This Subsection D(7) shall be applicable only to isolated lots in RR Districts that were lawfully created, and lawfully developed and used for single-family residential purposes as of April 7, 2022 (the date of adoption of Ordinance No. 22-03), and which have remained unchanged as to shape, size and dimension, and not subdivided or otherwise reduced, enlarged, or altered since such date. The purpose of this subsection is to permit the enlargement or modification of lawfully existing single-family dwellings, and the construction, development, enlargement, modification, and replacement of lawful residential accessory structures and uses on such isolated RR District lots, as long as such structures and uses comply with the aforesaid minimum yard dimension requirements, and maximum height and maximum building and impervious materials coverage requirements.
E.
Front yard requirement modifications:
(1)
Where a lot has frontage upon a county road proposed for right-of-way widening on the Master Plan or Official Map of the County of Salem, the required front yard depth shall be measured from and parallel to the proposed right-of-way line measured at right angle unless the existing street line is a greater distance from the road center line.
(2)
Where a lot has frontage on any road with the street line at less than 25 feet measured at right angle from the center line, the required front yard depth shall be measured from a line parallel to and at that distance from the center line.
F.
Irregularly shaped lots. In the case of irregularly shaped lots on cul-de-sac or curved street sections, the minimum lot width specified in the Schedule[1] shall be measured at the building setback, provided that in no case shall the distance between side lot lines at the street line be reduced to less than 75% of the minimum lot width requirement.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
G.
Overlapping required space. No part of a yard, or other open space, or off-street parking or loading space required about or in connection with any buildings for the purpose of complying with this chapter shall be included as part of a yard, open space or off-street parking or loading place similarly required for any other building.
H.
Yard reduction. No yard or lot existing at the time of passage of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet at least the minimum requirements as established by this chapter.
I.
Uniformity. Within each district, the regulations set by this chapter shall be minimum regulations and shall apply uniformly to each class or kind of structure or land.
J.
Public street frontage. Every principal building shall be built upon a lot having sufficient frontage on a public street as defined in this chapter.
K.
Height exceptions. All buildings and structures shall be subject to height limitations specified in the Schedule of District Regulations except spires, belfries, silos, domes, cupolas, scenery lofts, masts, flagpoles, chimneys, flues, ventilators, elevator penthouses, water tanks, towers, antennas, skylights, bulkheads, and similar decorative features and necessary mechanical appurtenances usually carved above roof level provided that the following requirements are met:
(1)
The total horizontal area covered by such features shall not exceed 20% of the area covered by the principal building. Agriculture buildings shall not be subject to the horizontal area.
(2)
The excess height of any structure shall not be greater than the shortest distance from such structure to any required yard nor shall the total height exceed twice the building height limitation in the district in which it is located.
(3)
The foregoing does not pertain to transmission towers and associated right-of-way widths which are to be determined by standards in the National Electric Safety Code.
L.
Projections. Building projections, including bays, chimneys, cornices and gutters, may extend into required yard areas for a distance not to exceed five feet and shall not be located within 10 feet of any property line.
M.
Minimum gross habitable floor area. The minimum gross habitable floor area specified in the building standards of the Schedule shall be observed in all new construction and maintained in all existing dwelling units. These standards are minimums based upon general welfare and public health consideration and vary based upon the number of bedrooms which indicate the approximate number of anticipated residents.
N.
No building or other structure shall hereafter be erected on a lot, nor shall any lot be created, unless that lot has an average length no greater than 250% of the average width, except where the width exceeds three times the zoning requirement. These prohibitions shall not apply, however, to any lot within a subdivision approved by the Planning Board or Board of Adjustment of the Township of Mannington prior to April 10, 2004, the effective date of this subsection, or which was shown as a separate lot on the Mannington Township Tax Map on April 10, 2004, the effective date of this subsection.
[Added 4-1-2004 by Ord. No. 04-02]
§ 70-37 Continuation of nonconforming uses and structures.
A.
Any nonconforming structure or use lawfully existing at the time or enactment of this chapter or any subsequent amendment may be continued with the following limitations:
(1)
A nonconforming use shall terminate upon abandonment at any time, which shall be presumed when the actual conduct of a nonconforming use is discontinued for a period of 12 consecutive months for any reason or is resumed for less than one month within a year. The structure, premises, or structure and premises in combination, as the case may be, shall not thereafter be used except in conformance with the regulations of the district in which it is located.
(2)
A nonconforming use shall not be enlarged, extended, moved to a different position on the lot, or structurally altered in a way, except as may be required for normal maintenance or to prevent damage or injury. A pre-existing, nonconforming use in a structure may be changed to a use permitted in the district in which it is located.
(3)
A nonconforming structure shall not be enlarged or altered in a way which increases its nonconformity and shall not be moved any distance whatever unless it will thereafter conform to the regulations of the district in which it is located.
(4)
A nonconforming structure or use shall not be reconstructed except in conformance with this chapter should such structure be destroyed by any means to an extent of more than 75% of its replacement cost at the time of destruction.
(5)
Any nonconforming structure or use which is superseded by a permitted structure or use shall thereafter conform to the regulations of the district in which it is located and the nonconforming structure or use shall not be re-instituted.
B.
An application may be made to the Planning/Zoning Board for relief if a nonconforming structure or use is not permitted to be continued based upon the conditions listed in Subsection A of this section if warranted by hardship or special reasons. Such application shall conform to the procedures listed in § 70-22.