Mansfield Township City Zoning Code
ARTICLE VI
A Agricultural, R-1 Residence and R-2 Residence Districts
§ 363-24 Permitted uses.
The following uses shall be the permitted uses allowed in the A, R-1 and R-2 Districts:
A.
Farms as defined in Chapter 360, providing that if ponies, horses, cows, sheep, fowl of other farm livestock are kept on the farm, and a building is provided for the shelter and care of such animals, the building shall be located in accordance with the provisions of § 363-8B. All livestock shall be contained within fenced areas or other suitable enclosures. The regulations pertaining to livestock shall not apply to house pets. A dwelling may exist on the same lot as a farm, providing that all setbacks for the dwelling and its accessory structures conform to the requirements of the zone for single-family dwellings.
B.
Single-family dwellings.
C.
Cluster residential developments in the R-1 and R-2 zones in accordance with the provisions of Chapter 361 herein.
D.
Township-owned buildings operated for public purposes.
§ 363-25 Accessory uses.
[by Ord. No. 99-08; 6-10-2015 by Ord. No. 2015-07; 8-24-2011 by Ord. No. 2011-17; 6-27-2018 by Ord. No. 2018-04; 11-28-2018 by Ord. No. 2018-11]
The following uses shall be the accessory uses allowed in the A, R-1 and R-2 Districts:
A.
Accessory uses customarily incidental to the above uses, provided they do not include any activity commonly conducted for gain unless specifically permitted in this article.
B.
Private residential swimming pools in accordance with the following standards:
(1)
The pool shall not be closer than 20 feet to any side or rear lot line, and no part of any private residential swimming pool shall be constructed within the front yard setback required by this chapter.
(2)
Artificial lights used or maintained in connection with a private residential swimming pool shall be so located that the direct source of light is not visible from any adjacent property.
(3)
No private residential swimming pool shall be used as other than an accessory use.
C.
Private garages and off-street parking conforming to Article XII of Chapter 361, providing that garaging of more than one commercial vehicle having a gross vehicle weight not in excess of 15,000 pounds each, owned or used by a resident on the premises, shall be permitted. This section shall not be construed to prohibit commercial or farm vehicles used on a farm and accessory to the farm operation.
E.
The raising and keeping of livestock, providing that all of the requirements of § 363-24A above are met on nonfarm lots of 40,000 square feet or more.
F.
Accessory buildings and structures maximum size shall be 3% of lot area in all zones.
An accessory building or structure shall not be located in any required front yard, nor shall it be located in front of any principal structure. Accessory structures shall comply with setbacks distances shown in § 363-30. |
Accessory structures shall comply with the maximum height listed in § 363-29. |
Accessory structures may contain a sink and a toilet. |
H.
Minor solar or photovoltaic energy facilities or structures. Minor solar facilities shall be permitted to be ground mounted and mounted to principal and accessory structures and buildings; provided, however, that in the case of a roof-mounted system, the photovoltaic solar panels and all necessary equipment shall not extend more than 12 inches beyond the edge of the roofline or 12 inches above the highest point of the roof surface or structure. Flat roofs shall be exempt from the height requirement. However, panels on a flat roof shall not extend more than five feet above the roof line. Minor solar facilities shall have a setback requirement consistent with building regulations. In the case of a surface level or ground-mounted system, the system shall be situated more than 50 feet from the nearest property boundary line. Minor solar ground-mounted facilities serving residential uses shall consist of no more than 10 panels. Minor solar ground-mounted facilities located less than 50 feet from the nearest property line shall require minor site plan approval prior to obtaining a zoning permit and shall have setback requirements consistent with building regulations. Notwithstanding, these systems shall not exceed the maximum building height in the zoning district. Cadmium telluride solar panels shall not be permitted due to the highly carcinogenic nature of cadmium and the possible detrimental effects on children, wildlife, water supplies and the environment.
§ 363-26 Conditional uses.
The following shall be conditional uses in the A, R-1 and R-2 Districts:
A.
All public buildings and public or institutional uses, including parks and playgrounds in conformity with applicable site plan review, procedural and design requirements of this chapter.
B.
Private campgrounds in the A and R-1 Districts only and in conformity with the provisions of applicable site plan review, procedural and design requirements of this chapter.
C.
Outdoor recreational facilities in the A and R-1 Districts only and in conformity with the provisions of applicable site plan review, procedural and design requirements of this chapter.
D.
Churches in conformity with the provisions of applicable site plan review, procedural and design requirements of this chapter.
E.
Home occupations where the lot area is less than 40,000 square feet in conformity with the provisions of applicable site plan review, procedural and design requirements of this chapter.
F.
The raising and keeping of livestock where the lot area is less than 40,000 square feet, in conformity with the provisions of applicable site plan review, procedural and design requirements of this chapter.
G.
Skeet-shooting facilities, trap-shooting facilities, turkey shoot facilities and pistol ranges may be permitted as a conditional use in A Agricultural and R-1 Districts only after site plan review and approval by the Planning Board, provided all of the following standards and conditions are met:
[Amended by Ord. No. 09-91]
(1)
The parcel of land on which the facility is located shall not be less than 50 acres.
(2)
No part of the operation involving guns or target release equipment shall be located closer than 200 feet to a property line or closer than 450 feet to an existing residential unit other than one incidental to the use itself.
(3)
Hours of operation involving either guns or target machinery shall be limited to the period between 9:00 a.m. and 5:00 p.m., prevailing time, from September 1 through May 31 and from 9:00 a.m. to 7:00 p.m., prevailing time, from June 1 through August 31.
(4)
In addition to the buffer areas required in Subsection G(2) herein above, all parking areas shall be fully screened from view from all property lines and street lines through the use of appropriate plantings.
(5)
Required off-street parking shall be calculated based upon maximum utilization of the facility with the objective of preventing any incidence of parking on public streets in the Township. However, where such maximum utilization is irregular and occasional and significantly varies from the average daily utilization, overflow parking areas may be provided which need not be paved if, in the opinion of the Board, their use will be infrequent enough to allow the maintenance of the healthy grass surface. Such overflow parking areas shall be planted in grass and shall be mowed, replanted and otherwise suitably maintained at all times.
(6)
The Planning Board may impose such other reasonable conditions as it may deem appropriate with respect to, among other matters, safety, noise levels, traffic and parking arrangements, the amount of off-street parking, lighting, appearance and landscaping.
(7)
Outdoor rifle ranges are specifically excluded as permitted conditional uses herein.
(8)
The occasional skeet and trap shooting by the owner of property and persons specifically authorized by the owner in writing shall not be deemed included in the above definitions of conditional use, but shall be otherwise permitted, provided such shooting does not violate any state statute rule or regulation.
I.
Small wind energy system.
[Added 8-24-2011 by Ord. No. 2011-17]
§ 363-27 Temporary uses.
The following uses shall be the temporary uses allowed in the A, R-1 and R-2 Districts:
A.
Construction trailers and signs. Temporary construction trailers and one sign not exceeding 100 square feet, each advertising the prime contractor, subcontractor, architect, financing institution and similar data for the period of construction, beginning with the issuance of a building permit and concluding with the issuance of a certificate of occupancy or one year, whichever is less, provided such trailers and sign are on the site where construction is taking place.
B.
Sales and management office. The Board, after a hearing, may authorize the issuance of a temporary certificate of occupancy for a dwelling to be temporarily used as a sales and management office for the sale of homes within a subdivision, provided all of the following requirements are met:
(1)
The house to be used as an office is built upon a lot approved as part of a subdivision that has been approved by the Board.
(2)
The house is of substantially similar design as those houses to be sold within the subdivision.
(3)
The dwelling shall meet all other zoning restrictions for the zone in which it is located.
(4)
No business other than that accessory to the management and sale of the land and buildings owned by the applicant shall be permitted.
(5)
The temporary certificate of occupancy issued under this section shall be for no longer than a one-year period. However, such certificate of occupancy may be renewed by the board annually after a hearing.
C.
Temporary ECHO housing. The Planning Board, after a hearing, may authorize the issuance of a temporary certificate of occupancy for a dwelling to be temporarily used as an ECHO housing unit, provided all of the following requirements are met:
(1)
The applicant must submit to the Planning Board with the application a site plan of the premises, which must show thereon the following:
(a)
The name and address of the owner of the premises.
(b)
The name, address and date of birth of the one or two persons who will occupy the ECHO housing unit.
(c)
The Township Tax Map lot and block numbers and tax sheet numbers of the lot.
(d)
The lot dimensions and the location of the principal building and accessory buildings and structures existing on the premises, together with the location of the proposed ECHO housing unit, with all setback lines shown from all lot lines and other structures on the premises.
(e)
The location of existing septic and water systems.
(f)
Any other information deemed necessary by the Planning Board to protect the general health and welfare of the residents of the Township.
(2)
The housing unit shall not exceed 750 square feet.
(3)
The property must be large enough to accommodate the unit and offer enough suitable space and access to utility lines.
(4)
Such housing unit shall not be located within the front yard of any lot nor within five feet of the rear or side line of any lot.
(5)
Such housing unit shall not be occupied by more than two people, one of whom shall be 60 years of age or older and unable to live independently because of physical illness or disability and that person must be related by blood, marriage or adoption to one or more of the persons residing in the principal dwelling on the premises upon which the dwelling unit is to be located.
(6)
A single occupant must have an annual income of less than $24,600. The combined income for two occupants must be less than $28,080. This information must be submitted by affidavit, with the preceding year's federal income tax return attached thereto.
(7)
The ECHO housing unit shall be constructed in such a fashion as to be readily removable and shall be constructed in accordance with all applicable laws, regulations, codes and ordinances. Such unit shall only be permitted on lots upon which one single-family dwelling is located.
(8)
The ECHO housing unit shall be removed upon the death of the original occupants or upon a permanent change of residence by same. The removal shall take place within 90 days of the earlier of the above-mentioned events.
(9)
The use and occupancy of the ECHO housing unit by any person other than permitted by this section, or the failure to remove the unit within 90 days as required by Subsection C(8) shall constitute a violation of this chapter.
(10)
The temporary certificate of occupancy shall state that it shall be subject to all provisions of this section and any violation thereof shall constitute an automatic revocation of such temporary certificate of occupancy.
§ 363-28 Prohibited uses.
[Amended 10-24-2018 by Ord. No. 2018-09]
A.
All uses not expressly permitted in this article are prohibited.
B.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Amended 6-23-2021 by Ord. No. 2021-11]
§ 363-29 Maximum building height.
[Amended 4-12-2000 by Ord. No. 2000-02]
No principal structure shall exceed 35 feet in height. Accessory structures shall be limited to one story not to exceed in height not to exceed 24 feet.
§ 363-30 Area and yard requirements.
[Amended 12-11-1991 by Ord. No. 15-91; 6-27-2018 by Ord. No. 2018-04; 11-28-2018 by Ord. No. 2018-11]
Principal Building (minimum) | Detached Dwelling A | Detached Dwelling R-1 | Detached Dwelling R-2 | |
|---|---|---|---|---|
Lot area | 5 acres1 | 3 acres | 22,000 square feet1,3 | |
Lot size averaging | 3 acres | 1 acre | — | |
Lot frontage | 75 feet | 50 feet | ||
Lot width | 300 feet | 150 feet | 110 feet | |
Lot depth | 300 feet | 200 feet | 150 feet | |
Side yard: | ||||
Both | 105 feet2 | 52.5 feet2 | 44 feet2 | |
Each | 25 feet2 | 25 feet2 | 20 feet2 | |
Front yard | 50 feet2 | 50 feet2 | 50 feet2 | |
Rear yard | 50 feet2 | 50 feet2 | 50 feet2 | |
NOTES: | |
|---|---|
1 | |
2 | Enclosures for livestock shall conform to § 363-24A. |
3 | In a major subdivision employing the use of open space zoning as defined in this chapter, all lots may be reduced in area in accordance with the provisions of Chapter 361 concerning cluster/open space zoning. |
A.
Accessory buildings and structures in an A Zone must adhere to the following:
(1)
An accessory building or structure in an A Zone shall not be located in any required front yard. Nor shall it be located in front of any principle structure.
(2)
Accessory buildings and/or structures shall conform to the following requirements:
Accessory Building Requirements (minimum) | Lot Size: <1 Acre | Lot Size: 1-5 Acres | Lot Size: 5-10 Acres | Lot Size: 10+ Acres |
|---|---|---|---|---|
Accessory structure size (maximum) (square feet) | 800 | 1,200 | 1,600 | 2,000 |
Distance to street line (feet) | 45 | 50 | 50 | 50 |
Distance to property line (feet) | 15 | 20 | 25 | 25 |
Distance to principal building (feet) | 10 | 10 | 10 | 10 |
Distance to other accessory building (feet) | 6 | 8 | 10 | 10 |
Building height (feet) | 18 | 24 | 24 | 24 |
B.
Accessory buildings and structures in R-1 Zone must adhere to the following:
(1)
An accessory building or structure in an R-1 Zone shall not be located in any required front yard. Nor shall it be located in the front of any principal structure.
(2)
Accessory buildings and/or structures shall conform to the following requirements:
Accessory Building Requirements (minimum) | Lot Size: <1 Acre | Lot Size: 1-3 Acres | Lot Size: 3-10 Acres | Lot Size: 10+ Acres |
|---|---|---|---|---|
Accessory structure size (maximum) (square feet) | 600 | 800 | 1,000 | 2,600 |
Distance to street line (feet) | 45 | 50 | 50 | 50 |
Distance to property line (feet) | 15 | 18 | 25 | 25 |
Distance to principal building (feet) | 10 | 10 | 10 | 10 |
Distance to other accessory building (feet) | 6 | 8 | 10 | 10 |
Building height (feet) | 18 | 24 | 24 | 24 |
C.
Accessory buildings and structures in R-2 Zone must adhere to the following:
(1)
An accessory building or structure in an R-2 Zone shall not be located in any required front yard. Nor shall it be located in the front yard of any principal structure.
(2)
Accessory buildings and/or structures shall conform to the following requirements:
Accessory Building Requirements (minimum) | Lot Size: <22,000 Square Feet | Lot Size: 22,000 Square Feet-1 Acre | Lot Size: 1-3 Acres | Lot Size: 3+ Acres |
|---|---|---|---|---|
Accessory structure size (maximum) (square feet) | 400 | 600 | 800 | 1,000 |
Distance to street line (feet) | 40 | 45 | 50 | 50 |
Distance to property line (feet) | 15 | 18 | 20 | 20 |
Distance to principal building (feet) | 10 | 10 | 10 | 10 |
Distance to other accessory building (feet) | 6 | 6 | 8 | 10 |
Building height (feet) | 15 | 18 | 24 | 24 |