Mendham Township City Zoning Code
§ 500-10
Supplementary regulations for all districts.
[Amended 7-8-2013 by Ord. No. 6-2013]
A.
Prohibited uses. If a use is not specifically permitted in a zone district, it is prohibited.
B.
Nonconforming uses.
(1)
Prior uses and structures. Any use or structure existing at the time of the adoption of the original Zoning Ordinance of the Township of Mendham on May 5, 1937, or any amendment thereto and which did not meet the requirements of such ordinance or any amendment thereto at the respective times of adoption may be continued upon the lot or in the building so occupied, and any such structure may be repaired or restored in the event of partial destruction thereof. This provision shall not be construed as authorizing the continuance of any use which was contrary to zoning ordinance provisions at the time of the inception of such use.
(2)
Certificates as to nonconforming uses. A prospective purchaser, prospective mortgagee, or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that a particular use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming.
(a)
Application for such a certificate may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming. Application for such a certificate may be made to the Zoning Board of Adjustment at any time, and any denial of an application for a certificate by the Zoning Officer shall be appealable to the Zoning Board of Adjustment. The provisions of Sections 59 through 62 of the Municipal Land Use Law, N.J.S.A. 40:55D-72 through 40:55D-75, shall apply to any application or appeal to the Zoning Board of Adjustment.
(b)
Any applicant for a certificate shall have the burden of proof.
(c)
Every certificate issued pursuant to this section shall include a description of the nature and extent of the nonconformity in sufficient detail to establish a record that will be available in the event that questions may arise as to subsequent enlargement or expansion of the nonconforming use covered by the certificate.
(d)
Copies of every certificate issued by the Zoning Officer shall be forwarded to the Zoning Board of Adjustment and Planning Board. Copies of every certificate issued by the Zoning Board of Adjustment shall be forwarded to the Zoning Officer and Planning Board.
(3)
Restoration and repair of structures. A nonconforming structure may be restored or repaired in the event of partial destruction by fire or other causes.
(4)
Extension of use. A nonconforming use shall not be extended, but the extension of a lawful use to any portion of a nonconforming building shall not be deemed the extension of such nonconforming use.
(5)
Enlargement of nonconforming structures. A nonconforming building shall not be enlarged, extended or increased, except that in residential zones, a nonconforming single-family dwelling or a single-family dwelling on a nonconforming lot may be enlarged, extended or increased if:
(a)
Said enlargement, extension or increase by itself conforms with all requirements of the Zoning Ordinance and the dimensions and setback of said enlargement, extension or increase, when aggregated with the existing building, do not create or increase any dimensional or setback violation; and
(b)
The area of said enlargement, extension or increase, when aggregated with the area of the existing building, does not exceed the maximum lot coverage standard permitted in that zone.
(6)
Accessory buildings. An accessory building shall not be constructed incidental to a nonconforming building, except that in residential zones an accessory building may be constructed incidental to a nonconforming single-family dwelling or a single-family dwelling on a nonconforming lot, provided that:
(a)
The accessory building, by itself, conforms with all requirements of this chapter; and
(b)
The area of said accessory building, when aggregated with the area of the principal building, does not exceed the maximum lot coverage standard permitted in that zone.
(7)
Abandonment of use. Whenever a nonconforming use has been abandoned such use shall not thereafter be re-established, and any subsequent use shall be in conformity with the provisions of this chapter.
(8)
Changes to conforming use. Once changed to a conforming use no building or land shall revert to a nonconforming use.
C.
Visibility at intersections. On a corner lot in any district no fence, wall, hedge, or other structure or planting more than 2 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street right-of-way lines, or their projections where corners are rounded, and a straight line joining the street lines at points which are 30 feet distant from the point of intersection, measured along the street lines and/or projections.
D.
Encroachments in required yards. The space in any required yard shall be open and unobstructed except as follows:
(1)
Ordinary projections of window sills, belt courses, cornices, eaves and other architectural features shall be permitted to project not more than two feet; open trellis, flagpole, unroofed steps, unroofed terrace, recreation equipment, drying yard equipment, shall be permitted to encroach without limitations.
(2)
Except as provided in § 500-10E no accessory structure shall exceed a height of 30 feet.
(3)
An accessory structure shall not be located closer than 10 feet to any building.
(4)
No accessory structure shall be located closer to a street than the principal building. On corner lots, an accessory structure shall not be located closer to a side street than the minimum front yard requirement for the adjoining lot. Access driveways in the R-3, R-5 and R-10 Zone Districts however, located in a front yard, shall be set back from any side line a minimum distance equal to one-half of the applicable side yard setback required for the principal structure in the respective zone district.
(5)
In addition to the restrictions in Subsection D(4) above, an accessory structure with a footprint area in excess of 100 square feet shall not be closer to the side or rear lot line than the minimum setback distance required for the principal building, provided, however, that in the R-3, R-5, and R-10 Zone Districts, driveways and parking areas shall be set back from the side lot lines a minimum distance equal to one-half the applicable side yard setback dimension required for the principal structure in the respective zone district.
(6)
An accessory structure with a footprint of 100 square feet or less shall be located no less than 10 feet from the side or rear property line, while also respecting the restrictions set forth in Subsection D(1) through (4), above.
(7)
No accessory building in a business district shall be used for residence purposes. No accessory building in a business district shall be located closer than 10 feet from a rear lot line.
E.
Height exceptions.
(1)
The height limitations of this chapter shall not apply to (1) any chimney which extends no more than five feet above the highest point of the roof of the building of which it is a part, (2) any steeple, belfry, cupola or flagpole of a church or public building, or (3) any radio or television antenna affixed to the chimney or roof of a one-family residence which extends no more than 20 feet above the highest point of the roof.
(2)
Entry pillars, gate posts and gates in connection with a driveway to any property in the Township shall not exceed eight feet in height.
F.
Transition requirements.
(1)
Lot divided by district boundary. Where a lot is divided by a district boundary, the part of such lot within each district shall be regulated by all the bulk and use regulations of the district in which the greater percentage of the lot lies.
(2)
Transition at district boundaries. Where a lot in a business district abuts a lot in a residence district there shall be provided along such lines in the business district lot a yard at least equal in width or depth to that required in the residence district, but in no case shall such yard be smaller than is required for the business district.
G.
Flood hazard areas. No structures shall be erected, located or enlarged within the Flood Hazard Areas designated on the Flood Hazard Boundary Maps for the Township of Mendham issued by the United States Department of Housing and Urban Development, Revision of December 15, 1978, or designated as Flood Hazard Areas on any subsequent modifications of such maps. In the event of any question as to the location of the boundary of a Flood Hazard Area as shown upon such maps, the determination of the Township Engineer shall control.
H.
Aviation facilities. The use of any lot, land, ground, building, rooftop or other structure for the landing or taking off of airplanes, helicopters or other airborne vehicles is specifically prohibited in any zone district whether as a principal or accessory use.
I.
Bulk requirements for non-residential land uses. In the R and R-1 residence districts permitted non-residential land uses shall have a lot area of not less than two acres and shall comply with the setback requirements applicable in the zone district. In the R-2, R-3, R-5 and R-10 Zone residence districts permitted non-residential land uses shall have a lot area of not less than 20 acres and all such uses (other than golf playing areas), buildings and structures shall meet the following setback requirements:
(1)
Off-street parking areas shall be set back not less than 100 feet from any lot line.
(2)
Tennis courts designed for daytime operation only with no artificial lighting facilities shall be set back not less than 100 feet from any lot line.
(3)
Club houses, open terraces adjacent thereto, accessory residential structures as permitted under § 500-7 of this chapter, and swimming areas or games areas (other than platform games) designed for daytime operation only with no artificial lighting facilities shall be set back not less than 250 feet from any lot line.
(4)
Platform game structures, whether illuminated or not, and other games or swimming areas with artificial means of illumination and service or maintenance buildings, structures and facilities accessory to a permitted non-residential land use shall be set back not less than 400 feet from any lot line.
J.
Outdoor lighting. Light fixtures installed or employed in the outdoors for area lighting or any other purpose shall be shielded in such a fashion that the source of light (luminaire) is not visible from any location in a residential district beyond the perimeter property lines of the premises upon which the said outdoor/area light fixture is installed or employed. Notwithstanding the foregoing provisions, unshielded incandescent light bulbs with a power demand not exceeding 60 watts are permitted, provided that the filament of such light bulb is veiled from direct view by frosting, semi-translucency or other effective means.