Mendham City Zoning Code
ARTICLE IV
5-Acre, 3-Acre, 1-Acre and 1/2-Acre Residence Zones
§ 215-13 Uses permitted.
In the 5-Acre, 3-Acre, 1-Acre and 1/2-Acre Residence Zones, no building or land shall be used and no building or structure shall be erected, constructed, reconstructed, altered or repaired which is arranged, intended or designed for any use or occupancy except for the following:
A.
One single-family dwelling per lot which shall include any use of single-family dwellings protected by state statute.
[Amended 6-15-1998 by Ord. No. 14-98]
B.
Playgrounds and parks.
C.
Agricultural uses.
D.
Home occupations. Home occupations involving an individual craft or skill, such as dressmaking, millinery, cooking, pottery or a teacher giving lessons to one pupil at a time. Home occupations shall be permitted subject to the following conditions:
(1)
Such occupation shall be conducted solely by resident occupants of the residential building.
(2)
No more than 25% of the first floor area of the residence or 600 square feet, whichever is smaller, shall be used for such home occupation.
(3)
No display of products shall be visible from the street.
(4)
The home occupation shall be conducted entirely within the residence.
(5)
The residential appearance or character of the residence shall not be changed.
(6)
The home occupation generates no noise, odors, lights or other exterior physical impact beyond the levels normally associated with the residential use.
E.
Accessory uses. Uses customarily incidental to the above permitted uses, except:
[Amended 4-18-2005 by Ord. No. 5-05]
(1)
Accessory buildings and runs, pens or similar enclosures (not including perimeter fencing of an open pasture) required for any animals kept on the premises, other than household pets, must be kept at least 200 feet from all lot lines.
(2)
Buildings or structures for the maintenance of livestock shall be permitted only in the 5-Acre, 3-Acre, 1-Acre and 1/2-Acre Residence Zones (regardless of references in other zone district standards to inclusion of uses permitted in these zones).
(3)
A minimum lot area of three acres is required for the maintenance of any livestock.
(4)
A minimum of one acre of lot area (excluding the homestead) is required for each animal unit to be maintained on the property.
F.
Accessory uses, including related and appurtenant buildings and structures, which are deemed to be customarily incidental and subordinate to single-family residential uses are as follows:
[Added 4-18-2005 by Ord. No. 5-05[1]]
(1)
Private swimming pools and tennis or sports courts as regulated herein.
(2)
Patios, decks, terraces and barbecue structures.
(3)
Pool houses, cabanas, storage sheds and like accessory buildings.
(4)
Pergolas and other roofed open-air garden structures.
(5)
Child's play apparatus installed on the property.
(6)
Private noncommercial agricultural and horticultural buildings, including greenhouses, barns, stables and like outbuildings.
(7)
Private garages accessory to the principal dwelling.
G.
In all residence zones, private swimming pools and nonilluminated tennis or sports courts are permitted as accessory uses, provided that they comply with the applicable setback regulations for the principal structure. Private tennis or sports courts which have aboveground lights on standards three feet high or more, the primary purpose of which is to extend the hours of operation, shall be considered conditional uses and approved by the Planning Board. All such lighting shall be subject to review and approval by the Planning Board Engineer for compliance with the provisions of § 195-47A and shall be limited to a maximum illumination of 0.2 footcandle at the perimeter of the playing surface. Any court with taller fixtures or fixtures exceeding this maximum illumination level shall be deemed an illuminated court. All illuminated tennis or sports courts shall comply with the requirements of § 215-13H(1), regarding conditional use standards for clubs. Deviation from any of these standards shall require a use variance from the Zoning Board of Adjustment. In reviewing any application for an illuminated court, the Planning Board or Zoning Board of Adjustment, as the case may be, shall consider the following factors:
[Added 4-18-2005 by Ord. No. 5-05[2]]
(1)
Hours of use.
(2)
Location of the light fixtures.
(3)
Impact of the lights on adjacent property.
(4)
Intensity and potential glare of the lights.
(5)
Impact of extended nighttime use of the facility on adjacent property and the neighborhood.
(6)
Reasonable restrictions on the approval of such facilities, including the type of lighting standards, fixtures, illumination intensity, angle of light, hours of lighted evening use, screening, berming, landscaping and fencing and similar techniques to prevent the illumination from constituting a nuisance to adjacent property.
H.
Conditional uses. The following uses shall be permitted as conditional uses, provided that all of the specified conditions are met:
(1)
Clubs, provided that the following conditions are met:
(a)
Any clubhouse or open terrace adjacent thereto, swimming area, handball, tennis, badminton or any small games area, and all parking areas shall be at least 100 feet from any residential lot line or residential zone line.
(b)
No loudspeaker or public-address system shall be used so as to create noise beyond the lot lines.
(c)
Minimum lot area shall be four acres.
(d)
Minimum lot width shall be 400 feet.
(e)
Minimum lot depth shall be 400 feet.
(f)
Minimum side yards shall be 100 feet.
(g)
Minimum rear yard shall be 100 feet.
(h)
Minimum front yard shall be 100 feet.
(2)
Nursery schools, provided that the following conditions are met:
(a)
All play areas are set back 50 feet from all lot lines.
(b)
All parking areas and play areas shall be screened from view from abutting properties by a fence or coniferous hedge at least five feet in height.
(c)
Minimum lot area shall be four acres.
(d)
Minimum lot width shall be 400 feet.
(e)
Minimum lot depth shall be 400 feet.
(f)
Minimum side yards shall be 100 feet.
(g)
Minimum rear yard shall be 100 feet.
(3)
Public, semi-public and private libraries, excluding private proprietary use. Libraries shall comply with the following requirements:
[Added 11-1-2004 by Ord. No. 20-04]
(a)
Minimum lot area shall be five acres.
(b)
The minimum lot width and building setback requirements of the 5-Acre Zone shall apply.
(c)
Maximum building height shall be two stories, but not to exceed the height restrictions applicable to the 5-Acre Zone.
(d)
Maximum lot coverage by impervious surfaces shall not exceed 20%.
(e)
There shall be a minimum landscaped buffer not less than 30 feet in width between any on-site improvements and any adjoining residential lot line. Parking, driveways and other paved areas shall be screened by a solid barrier to vision of evergreen trees not less than six feet in height at the time of planting. Alternatively, the Planning Board may permit a combination of fencing, landscaping and berms as specified in § 215-14 for the Village center cluster development option.
(f)
All requirements of § 215-9 shall be complied with regarding neighborhood compatibility, with the exception of size.
(g)
Any library building design standards shall comply with the building design standards of § 215-19E; with the exception of scale and building mass.
(i)
Any construction shall be in full compliance with all applicable ordinances and rules and regulations of the Borough and its agencies.
§ 215-13.1 5-Acre Residence and Religious Campus Zone.
[Added 12-7-2015 by Ord. No. 7-15]
B.
Accessory uses.
(2)
For a religious campus: It is recognized that the campus environment for a religious order requires adequate accommodations to permit the various activities that comprise not only the operations of the order but the functional necessities to maintain the buildings and grounds. Accordingly, the following ancillary components are permitted within the building housing the living quarters or in other buildings and/or structures, as appropriate: room(s) for worship services, religious retreats and accommodations for same, administrative offices of the religious order, common dining facilities, activity rooms, library, central kitchen, common dining room, health and wellness facilities, cemetery reserved for the religious order, residences for caretakers and lay staff, site lighting, parking areas, signage, utility apparatus for potable water and sanitary sewerage service, and appurtenant buildings, structures and uses customarily incidental to the living needs and administrative functions of the religious order and the campus operations.
D.
Standards for religious campus.
(1)
Minimum contiguous tract area: 80 acres.
(2)
Maximum number of persons residing on the campus shall not exceed a density of 1.75 persons per acre.
(3)
Maximum percentage of total building coverage: 5%.
(4)
Maximum total impervious coverage: 10%.
(5)
Minimum continuous frontage on a public street: 1,000 feet.
(6)
Maximum building height: 45 feet.
§ 215-14 Village center cluster option.
[Added 12-18-1995 by Ord. No. 29-95]
A.
Purpose. The purpose of the village center cluster development option is to provide standards pursuant to N.J.S.A. 40:55D-39 and 40:55D-65, or any amendments thereto, which encourage and promote flexibility, economy and environmental soundness in layout and design in order to implement the planning concept of a village center cluster as adopted in the Borough Master Plan. A village center cluster is intended to stimulate development which reflects historic patterns in the Borough and which permits a mix of housing types and a variety of lot sizes. A village center cluster is a specified development node within the village center boundary of the Master Plan which is intended to carry out the purposes and goals of the New Jersey State Development and Redevelopment Plan (SDRP) as incorporated in the Borough Master Plan.
[Amended 6-7-1999 by Ord. No. 15-99]
B.
Application. The village center cluster development option may be applied in accordance with the provisions of this section to modify the bulk and area requirements specified in the 3-Acre, 1-Acre and 1/2-Acre Residence Zones only on those tracts designated as village center clusters in the Borough Master Plan and as shown on the Borough Zoning Map. These tracts are identified as follows:
Tax Map Designation | Approximate Size (acres) | |
|---|---|---|
Block 201, Lot 79 | 18.6 | |
Block 1501, Lot 35 | 11.6 | |
Block 1801, Lot 16 | 91.4 |
C.
Permitted uses.
(1)
Principal uses.
(a)
Principal uses shall be: dwelling, one-family detached; dwelling, one-family attached (townhouse and duplex); dwelling, multifamily (apartments, triplex and quadplex); public parks, playgrounds, conservation areas and Borough facilities, common open space and facilities appurtenant thereto. No building shall contain more than six dwelling units.
(b) DUPLEX DWELLING, MULTIFAMILY QUADPLEX SINGLE-FAMILY DETACHED TOWNHOUSE TRIPLEX
Definitions. For purposes of this section, the following definitions of principal uses shall apply:
A building containing two single-family dwelling units totally separated from each other by a wall without openings extending from ground to roof.
A building containing three or more dwelling units, including units that are located one over the other but not exceeding two stories in height.
A building containing four attached single-family dwelling units in which each unit has two exterior exposures, shares one or two vertical, common fire-resistant walls with an adjoining unit or units, no unit is over another unit and each unit has access to the outside at ground level. A row of four townhouses could constitute a type of quadplex.
A building containing one single-family dwelling unit and which is not attached to any other dwelling unit by any means and is surrounded by open space or yards.
A single-family dwelling in an attached row of at least three such units in which each unit has its own front and rear access to the outside at ground level, no unit is located over another unit and each unit is separated from any other unit by one or more vertical, common fire-resistant walls.
A building containing three attached single-family dwelling units, each of which has direct access to the outside or to a common hall; a row of three townhouses would constitute a type of triplex.
(2)
Accessory uses shall be off-street parking and garages, accessory buildings approved as part of the planned development or permitted accessory structures on single-family lots which are otherwise permitted by § 215-13E of this chapter.
(3)
Public, semi-public and private libraries, excluding private proprietary use, shall be permitted as a conditional use in accordance with the requirements of § 215-13F(3).
[Added 11-1-2004 by Ord. No. 20-04]
D.
Minimum tract area. The minimum total area of a tract to be developed under the village center cluster development option shall be 10 acres. Such area to be so developed shall be planned and developed as a single entity.
E.
Findings by the Planning Board. Notwithstanding other provisions of this section, development proposals in accordance with this section shall be approved by the Planning Board as regulated herein only if the following findings are made:
(1)
That departures by the development from zoning regulations otherwise applicable to the property conform to N.J.S.A. 40:55D-65 and any amendment thereto.
(2)
That the proposals for the ownership, maintenance and conservation of the permanent common open space are reliable and the amount, location, design and function of the permanent common open space are adequate.
(3)
That provisions regarding the physical design of the proposed development for public services, control over vehicular and pedestrian traffic and the amenities of light and air, recreation and visual enjoyment are adequate.
(4)
That the proposed development (as shown on the specific proposed site plan) will not have an unreasonably adverse impact upon the area in which the development is proposed to be established and will not result in unreasonably adverse on-site impacts.
(5)
That the terms and conditions regarding completion of the development are adequate to protect the interests of the public and of the residents, occupants and owners of the proposed development.
F.
General procedures.
(1)
Development proposals using the village center cluster option shall comply with the applicable requirements of Chapter 195, Subdivision of Land and Site Plan Review. Further, nothing contained in this section shall relieve the owner, developer or agent of the developer of a cluster subdivision from obtaining site plan or subdivision plat approval in accordance with Chapter 124, Land Use Procedures.
(2)
Prior to submission of an application for preliminary approval of a proposed village center cluster, the developer shall submit a concept plan for review by the Planning Board. Such concept plan shall identify and locate the areas of the tract proposed for development, open space and recreation areas, road and street layout of the project and the type of residential structures and density of housing sites being proposed within the tract. Adequate wastewater disposal feasibility in accordance with all applicable standards shall be demonstrated. Environmental features of the tract shall also be identified, including site topography at two-foot contour intervals, wetlands and transition buffers, steep slopes greater than 15%, streams, floodplains and watercourses and any other significant natural factors which may impact the project site. The Planning Board may require additional information in connection with the conceptual review.
G.
Maximum tract density.
(1)
The base tract density shall be calculated by dividing the gross land area of the tract by three in the 3-Acre Residence Zone, by one in the 1-Acre Residence Zone and by 0.5 in the 1/2-Acre Residence Zone. In addition, the tract density of development may be increased by application of any or all of the following density bonuses (which are applied to the base tract density to achieve certain public purposes) as follows:
(a)
Ten percent for implementation of a cluster plan.
(b)
Ten percent for inclusion of a Mount Laurel housing component.
(c)
One additional unit for each five acres of environmentally unconstrained parkland (parkland not affected by freshwater wetlands or slopes of 15% or greater) which is dedicated to the Borough from the tract as public open space.
(2)
Fractions of a dwelling unit for any individual bonus category shall be carried as fractions until all applicable bonuses have been calculated and added together. If this computation of maximum tract density results in a fraction of a dwelling unit of 0.5 or greater, the total may be rounded to the next higher whole number to permit credit of a full dwelling unit. Otherwise the resulting fraction shall be dropped.
(3)
The resulting maximum tract density shall be allocated by the developer to the proposed housing development sites within the tract, but no housing development site shall exceed the following densities for the respective dwelling types:
Maximum Gross Housing Site Density | ||
|---|---|---|
Type of Dwelling | Maximum Density (units per acre) | |
Single-family detached | 4 | |
Single-family attached | 5 | |
Multifamily | 10 | |
(4)
For housing sites within village center clusters which are planned and developed as inclusionary developments to provide low- and moderate-income housing, the applicable set-asides for affordable housing [as established by the New Jersey Council on Affordable Housing (NJCOAH) pursuant to N.J.A.C. 5:93-5.6] shall be as follows:
Actual Housing Site Density (units per acre) | Required Set-Aside (percent) | |
|---|---|---|
4 | 15% | |
5 | 20% |
H.
Bulk and setback standards. The following minimum bulk, setback and dimensional standards shall apply to housing development sites proposed under the village center cluster development option.
(1)
Single-family detached dwellings on lots from 1/4 to 1/2 acre in area shall comply with the standards of the 1/4-Acre Residence Zone; no lot for a single-family detached dwelling shall have an area less than 1/4 acre.
(2)
Single-family detached dwellings on lots greater than 1/2 acre and up to one acre in area shall comply with the standards of the 1/2-Acre Residence Zone.
(3)
Single-family detached dwellings on lots greater than one acre and up to three acres in area shall comply with the standards of the 1-Acre Residence Zone.
(4)
Single-family detached dwellings on lots greater than three acres in area shall comply with the standards of the 3-Acre Residence Zone.
(5)
Single-family attached dwellings.
(a)
Single-family attached dwellings (townhouse, duplex, triplex and quadplex units) and multifamily dwellings shall comply with the minimum requirements of § 215-15A(3) of this chapter except that the minimum front, rear and side yard setbacks of village center clusters in the 1/2-Acre and 1-Acre Residence Zones shall be 50 feet. In addition, single-family attached and multifamily buildings shall meet the following minimum distance requirements as to each building:
[1]
Windowless wall to windowless wall: 30 feet.
[2]
Window wall to windowless wall: 40 feet.
[4]
Any building face to an interior driveway, common parking area or roadway curb: 20 feet.
[5]
Any building face to a public street right-of-way or to any property line of adjoining property: 100 feet in 3-Acre Residence Zone; 50 feet in 1-Acre and 1/2-Acre Residence Zones.
(b)
The Planning Board may reduce the above minimum distances between buildings by not more than 1/3 if there is an angle of 20° or more between buildings and if extensive landscaping or treed buffers, approved by the Planning Board, are placed between buildings.
(6)
For purposes of determining which zone's bulk standards shall apply to single-family detached dwellings in developments in which the land related to these dwellings is in common ownership, lots [as that term is used in Subsections H(1), (2), (3) and (4) above] shall be designated with a dashed line on the site plan by the developer as appurtenant to (though not to be conveyed with) each single-family detached dwelling.
I.
Landscaping, buffering and screening. Within all adjoining property line setback areas established pursuant to Subsection H(5)(a)[5] above, the developer shall submit a landscaping, buffering and screening plan which has been prepared by a registered landscape architect and which complies with the following minimum requirements:
(1)
Buffer strip dimension. A landscaped buffer strip shall be established and maintained along all tract property lines within the setback area. Such buffer strips shall be a minimum of 20 feet in width.
(2)
Screening and landscaping in the buffer strip. Whenever a developed use in this zone abuts any single-family residential zone or use, the buffer strip required shall also contain screening materials such as dense hedges, shrub plantings, decorative fencing or landscaped earth berms. The required buffer strip shall:
(a)
Be landscaped by the planting of grass and/or ground cover, shrubs and trees. A minimum planting density of three shrubs and two trees shall be provided for each 400 square feet of area, or fraction thereof, of the buffer strip. If the buffer strip is naturally wooded in its entire width, it shall remain in its natural condition in place of the required shrubs and trees and a perpetual conservation easement created to assure that the area will remain in its natural state.
(b)
Not contain parking areas or other accessory structures or uses except those intended for decorative or passive recreational purposes. Driveways necessary to serve dwelling units, interior drives or off-street parking areas may cross required buffer strips but shall not traverse them laterally for a distance greater than 75 feet.
(c)
Contain screening which, when required, shall, at a minimum, consist of dense hedges of deciduous and at least 50% evergreen shrubbery, planted at 30 inches on center in a single row or at five feet on center in each of two staggered rows. If only evergreens are used, they may be planted at five feet on center in a single row or at 10 feet on center in each of two staggered rows. Plants shall be a minimum of six feet tall at the time of planting.
(3)
Fencing and berms. Subject to Planning Board approval, some screening may be achieved by the installation of a solid fence of naturally durable material, such as cedar, cypress or redwood, not less than five feet high and open to the ground not more than four inches above ground level; or, subject to Planning Board approval, by the installation of a landscaped earth berm not less than three feet in height, planted with ornamental and evergreen shrubs and trees in accordance with the planting densities set forth in Subsection I(2)(a) and (c) above.
(4)
Shade trees. Shade trees shall be planted along all public streets and interior drives of village center cluster developments as follows:
(a)
Trees shall be of nursery stock of an approved species, grown under the same climatic conditions as found at the location of the development. Trees shall be of symmetrical growth, free of insect pests and disease, suitable for street use and durable under the maintenance contemplate.
(b)
The average trunk diameter measured at a height of six feet above the finished grade level shall be a minimum of two to three inches, depending upon the particular species planted. Trees shall be planted at intervals of 40 to 50 feet apart, depending upon the species, along both sides of the street and interior drives.
(c)
All planting shall be done in conformance with good nursery and landscape practice and supervised by a registered landscape architect.
(5)
Planting strips and islands. All planting strips or islands within public street rights-of-way and interior site drives and areas shall be flush-graded, properly prepared and seeded or sodded with lawn grass in conformance with good nursery and landscape practice. In the alternative, for maintenance purposes, they may, where appropriate, be landscaped and stabilized with appropriate ground cover, decorative stone, bark, mulch or other suitable landscaping or xeriscaping materials, as approved by the Planning Board.
J.
Common open space.
(1)
Permanent common open space. Not less than 40% of the gross acreage of a tract as reduced by any dedications to the Borough shall be reserved for permanent common open space; not more than 20% of the permanent common open space on site shall be reserved for use for active recreation activities, including but not limited to playgrounds, playfields, tot-lots, tennis courts, swimming pools and other active recreation pursuits of similar type and intensity; provided, however, that the Planning Board may further restrict the extent of active recreation areas upon a finding that such reduction is required by documented environmental considerations. "Gross acreage" shall not include area dedicated to the Borough.
(2)
Location, design and function. The location, design and function of all permanent common open space shall be accomplished in accordance with sound and accepted land planning, engineering and landscape architectural principles. All common open space areas which are disturbed by land development shall be attractively replanted with lawn, shrubs and trees and ground covers. Naturally vegetated areas shall be properly and permanently stabilized and protected from siltation, soil erosion and other detrimental impacts from the developed portions of the tract.
K.
EIS requirement. The developer of a proposed village center cluster shall submit an ecological impact statement (EIS) prepared in accordance with the provisions of Chapter 124, Land Use Procedures, Part 2. In addition, a fully detailed feasibility study and plan for the disposal of sanitary sewage shall be submitted to the Planning Board with the EIS.
L.
Parking. Each village center cluster shall comply with the design and location criteria for off-street parking as set forth in § 195-45 of this Code. In addition, each residential dwelling unit proposed shall provide off-street parking according to the following schedule[1]:
(1)
One-family detached, townhouse and duplex and multifamily:
Schedule of Off-Street Parking | |||
|---|---|---|---|
Type of Dwelling Unit | Required Parking Spaces | ||
One-family detached | |||
2-bedroom | 2.0 | ||
3-bedroom | 2.0 | ||
4-bedroom | 3.0 | ||
5-bedroom | 3.0 | ||
Townhouse, duplex, triplex and quadplex | |||
1-bedroom | 1.8 | ||
2-bedroom | 2.3 | ||
3-bedroom | 2.4 | ||
Multifamily | |||
1-bedroom | 1.8 | ||
2-bedroom | 2.0 | ||
3-bedroom | 2.1 | ||
(2)
Any other residential units not specified herein shall provide a minimum of two off-street parking spaces for each dwelling unit.
(3)
For one-family detached housing there shall be a minimum of two on-site parking spaces within a garage. For all other residential housing types except apartments there shall be a minimum of one on-site parking space within a garage which is appurtenant to each dwelling unit.
[1]
Editor's Note: The provisions contained in the Schedule of Off-Street Parking may be in conflict with those contained in Table 4.4 of the Residential Site Improvement Standards, N.J.A.C. 5:21-4.14. In case of conflict, the latter standards shall control to the extent that they are enforceable.