Mansfield City Zoning Code
ARTICLE V
R-1 Residence District
§ 65-9 Permitted uses.
In any R-1 Residence District, land, buildings or premises shall be used by right only for one or more of the following:
A.
Single-family detached house.
B.
Government buildings, facilities and uses.
[Amended 6-26-2002 by Ord. No. 2002-12]
C.
Substation, electric and gas facilities, sewage lift station, water pumping station, transmission lines, gas regulator stations, subject to the following special requirements:
(1)
No storage of materials and trucks and no repair facilities or housing of repair crews except within completely enclosed buildings shall be permitted.
(2)
The architectural design of the exterior of any building shall be in keeping with other structures in the neighborhood.
(3)
Screening shall be developed as defined in this chapter. All plants not surviving one year after planting must be replaced.
D.
Model homes or sales offices within a subdivision shall be allowed but only during the period necessary for the sale of new homes within such subdivision. Such uses shall not be considered a business use.
E.
Senior citizen housing in conformance with the single-family concept of this district.
F.
Agricultural uses in accordance with Article XXIII, Farm Regulations.
G.
Residential cluster in accordance with Article XVIII, provided that the maximum density will not exceed 0.33 units per gross acre. Maximum lot yield for a residential cluster shall be determined as set forth in § 65-82D.
[Amended 10-28-1998 by Ord. No. 1998-13; 12-10-2003 by Ord. No. 2003-20]
H.
Township- or County-owned-and-operated parks and recreation, including active, both indoor and outdoor facilities, and passive recreation. Subject to an approved site plan, facilities may be lighted.
[Added 6-26-2002 by Ord. No. 2002-12; amended 3-28-2012 by Ord. No. 2012-5]
I.
Public or private nonprofit elementary and/or secondary school, subject to a five-acre minimum lot size, 200 feet of lot frontage and a fifty-foot setback from all property lines.
[Added 6-26-2002 by Ord. No. 2002-12]
J.
The following uses shall be subject to the same regulations as single-family, detached dwelling units:
[Added 6-26-2002 by Ord. No. 2002-12]
(1)
Community residences for the developmentally disabled;
(2)
Community shelters for victims of domestic violence;
(3)
Community residences for the terminally ill;
(4)
Community residences for persons with head injuries;
(5)
Family day-care home;
(6)
Group homes for the placement of children.
§ 65-10 Conditional uses.
[Amended 12-30-1991 by Ord. No. 1991-28; 6-26-2002 by Ord. No. 2002-12; 12-31-2002 by Ord. No. 2002-31; 9-27-2006 by Ord. No. 2006-33; 7-7-2008 by Ord. No. 2008-21; 5-27-2009 by Ord. No. 2009-10; 3-5-2020 by Ord. No. 2020-5]
The following conditional uses may be authorized by the Consolidated Land Use Board of Mansfield Township, provided that applications conform to the following specifications and standards:
A.
Cemeteries.
(1)
As a principal use, subject to:
(a)
Site plan approval.
(b)
Ten-acre minimum lot size.
(c)
Fifty-foot setback for buildings and burial plots from front property lines and 25 feet from side and rear property lines.
(d)
Landscape buffers along all side and rear property lines.
(2)
As an accessory use to a place of worship, subject to:
(a)
Site plan approval.
(b)
One-acre minimum lot size for the cemetery use.
(c)
Twenty-five-foot setback for burial plots from all property lines.
(d)
A fifteen-foot wide landscape buffer shall be provided along all side and rear property lines.
B.
Churches and places of worship, subject to:
(1)
Site plan approval.
(2)
Provision of required off-street parking.
(3)
Provision of landscape buffers adjacent to residential zones and uses.
C.
This subsection provides standards for the approval, development and use of accessory apartments in single-family homes. Accessory apartments are conditionally permitted uses within all residential zoning districts in the Township of Mansfield subject to approval by the Consolidated Land Use Board of Mansfield Township and periodic licensing by the Township Committee in accord with the standards specified in this subsection.
(1)
Purpose. This subsection provides conditions and controls for the development of accessory apartments in single-family homes, and specifically by the terms of this subsection, such use is to be permitted in single-family dwelling units within certain residential zoning districts in the Township of Mansfield, wherein the Township Consolidated Land Use Board is hereby authorized to issue a special use permit subject to the following conditions. The purpose of this subsection is:
(a)
To provide for the legal and orderly development of accessory attached dwelling units by residents who desire to make this type of facility available in their homes.
(b)
To provide a particular type of housing to family members who are unable to locate or afford the types of housing available elsewhere in the Township.
(c)
To protect the stability, property values and single-family character of neighborhoods and to continue to protect the health, welfare and safety of the general public.
(d)
To allow the more efficient use of the Township's housing to preserve the historic and rural structures and to provide incentive for their maintenance.
(2)
Conditions and requirements. A single accessory apartment unit may be allowed within a single-family detached dwelling, provided that the following conditions and requirements are met:
(a)
Where there is combined primary and accessory apartment use, the primary unit shall be occupied by the owner(s) of the lot.
(b)
All occupants of both units shall claim a "familial" relationship pursuant to the definition of family in this chapter. The occupant(s) shall not pay rent.
(c)
The property owner shall submit to the Township a signed and notarized affidavit specifying the person or persons (not exceeding two) who will occupy the accessory apartment (documentation as to relationship shall be required) and will enter into an agreement with the Township in recordable form that no other persons shall occupy the accessory dwelling.
(d)
Size requirements. The net floor area of the accessory apartment shall be at least 400 square feet. The sizes of bedrooms in the apartment shall comply with the standards of the New Jersey State Housing Code.
[1]
The net floor area of the accessory apartment shall not exceed the following percentage of the area of the single-family house or the following fixed amount, as the case may be:
Area of House (square feet) | Net Floor Area of Apartment Not to Exceed |
|---|---|
Less than 3,000 | 40% or 1,000 square feet, whichever is less |
3,000 or more but less than 5,000 | 30% or 1,200 square feet, whichever is less |
5,000 or more | 20% or 1,500 square feet, whichever is less |
[2]
For the purposes of this subsection, the area of the single-family house shall be the total area of all of the stories of the house, measured from the outside faces of the exterior walls, including the areas of enclosures and additions to the house that are proposed to be made for the purpose of an accessory apartment. It shall also include the area of basements. The area of the single-family house shall not include roofed but unenclosed areas, such as porches and carports. Also, for the purposes of this subsection, the net floor area of the accessory apartment shall not include any hall providing the unit with access to the outdoors. The accessory apartment is limited to a maximum of two bedrooms.
[3]
Accessory apartments shall not be permitted on lots of less than 20,000 square feet in size.
(e)
The applicant shall agree to remove all kitchen appliances other than a built-in sink when the license hereinafter provided for expires.
(f)
Any approval by the Consolidated Land Use Board of Mansfield Township shall be subject to the issuance of a license by the Township Committee for a period of not more than four years; said license may be renewable thereafter.
[Amended 5-15-2024 by Ord. No. 2024-4]
(g)
It shall be the obligation of the applicant to properly record all Consolidated Land Use Board of Mansfield Township approval documents in the office of the Burlington County Clerk at the expense of the applicant within 10 days following the forty-five-day appeal period relative to the filing of said Consolidated Land Use Board of Mansfield Township documents. Additionally, the receipt of said recording/filing from the office of the Burlington County Clerk shall be presented to the Mansfield Township Clerk's office immediately upon receipt of same from Burlington County Clerk so that the Mansfield Township Clerk may issue the required Township license to the applicant, upon resolution of the Township Committee, and in accordance with the conditions of said Consolidated Land Use Board of Mansfield Township approval. Failure to comply within the stated time frame will render stated approval null and void.
(h)
The municipality shall permit, but not require the accessory dwelling to have separate kitchen and bathroom facilities. The accessory apartment may have at least two bedrooms and be reasonably self-sufficient with its own entrance, and separate sleeping, sanitary facilities and cooking facilities with a kitchen sink for the exclusive use of its occupants.
(i)
A bathroom containing only a toilet, sink and stall shower or bathtub shall be permitted in the accessory apartment. The principal dwelling and accessory apartment must, to the degree reasonably feasible, retain the appearance of a single-family residence.
(j)
Each and every dwelling unit shall have direct access to the outdoors or to a hall from which there is direct access to the outdoors. No entrances to the accessory apartment shall be permitted on the front of the principal dwelling.
(k)
Adequate off-street parking must be provided for both the principal and accessory uses on the subject property. Adequate turnaround areas shall be provided to prevent vehicles from having to back into any roadway.
(l)
No home occupation or home professional occupation shall be permitted in conjunction with any accessory apartment.
(m)
The construction and modification of any accessory apartment shall be in accordance with the requirements of the Uniform Construction Code of New Jersey, including the requirement to obtain a building permit and certificate of occupancy.
(n)
The accessory apartment must conform with all applicable standards of health, building, zoning and other codes and regulations.
(o)
A fire prevention resale inspection will be conducted by the Mansfield Township Office of Fire Prevention of all accessory apartments at the initial registration; thereafter an inspection will be completed at the time of renewal or every four years. Property owners will be assessed a fee per the resale smoke certification requirements.
[Amended 5-15-2024 by Ord. No. 2024-4]
(p)
The accessory apartment shall not have separately metered utilities.
(q)
The accessory apartment shall not be located in an accessory building.
(r)
The accessory apartment shall be connected to the main heated living area of the dwelling and not be connected by a breezeway.
(s)
No boarders shall be permitted to occupy such units, nor shall any portion of the space within the unit be sublet or rented out for any period of time. In the event that a room is rented pursuant to the specific provisions for senior citizens set forth in N.J.S.A. 40:55D-68.4, which permit seniors to rent such rooms in their primary residence, in which instance the residence shall not be deemed to meet the conditional use standards unless such room rental is abated.
(t)
If an increase in the total number of bedrooms of a dwelling unit shall increase the septic demands over the original septic design, or the septic design is unknown, the applicant shall be required to obtain a Burlington County Board of Health Certification for the existing septic or design expansion certification prior to the approval by the Township Consolidated Land Use Board.
(u)
An administrative fee for the renewal permit of said accessory apartment, which said permit is renewable every four years, will be assessed to the property owner in the amount of $25 per accessory unit.
[Amended 5-15-2024 by Ord. No. 2024-4]
(v)
The entire single-family home containing an accessory apartment must be in compliance with all Township and state fire and construction codes.
[Added 5-15-2024 by Ord. No. 2024-4]
D.
(Reserved)[1]
[1]
Editor's Note: Former Subsection D, regarding wireless communications towers, added 8-13-1997 by Ord. No. 1997-10, was repealed 7-7-2008 by Ord. No. 2008-21. See now § 65-95.5.
E.
Country club, swim club or golf course, subject to:
(1)
One-hundred-twenty-five-acre minimum lot size for country clubs or golf courses.
(2)
Site plan approval.
(3)
Provision of required off-street parking.
(4)
Provision of landscape buffers.
(5)
Buildings, pools and recreational facilities other than golf course related shall maintain a one-hundred-foot setback from all residentially zoned or used property.
(6)
The center point of each tee-off area shall be located not less than 75 feet from any residential lot line.
(7)
The center line of each fairway at the first landing area or turning point shall be at least 150 feet from the closest residential lot line.
(8)
The center of each putting green shall be located a minimum radial distance of 150 feet from the closest residential lot line.
F.
Clubs and lodges and all associated functions, subject to:
(1)
Site plan approval.
(2)
Provision of required off-street parking.
(3)
Provision of landscape buffers along all side and rear property lines.
(4)
Limited to use by members and their guests.
G.
Convalescent home and nursing home, subject to:
(1)
Site plan approval.
(2)
Provision of landscape buffers along all side and rear property lines.
(3)
Provision of all required off-street parking.
(4)
Fifty-foot setback for buildings from all property lines.
(5)
Five-acre minimum lot size.
§ 65-11 Accessory uses.
Only the following accessory uses shall be permitted:
A.
Customary accessory residential uses, including private garages and utility sheds.
B.
Private swimming pools.
C.
Private greenhouses.
§ 65-12 Area and bulk regulations.
Area and bulk regulations shall be in accordance with the specifications outlined in the Schedule of Area and Bulk Regulations.[1]
[1]
Editor's Note: The Schedule of Area and Bulk Regulations is located at the end of this chapter.
§ 65-13 Other regulations.
A.
All other regulations of this chapter shall be followed as required.
B.
In any existing development, the building setback line shall be not less than 30 feet or the building line as established by existing buildings.
C.
On a corner lot, all buildings must conform to the building lines on both streets.
D.
A dwelling and its accessory buildings shall conform to the existing buildings in the area.
E.
No private garage or other outbuilding shall be placed closer to a side or rear property line than 10 feet, which shall be measured from the farthest projection of the structure. A garage connected with a dwelling by a roofed-over breezeway shall be regarded as a structural part of the dwelling.
