Mine Hill Township City Zoning Code
ARTICLE XIII
Buildings and Lots
§ 310-128 One principal building on residential lot.
No residential lot shall have erected upon it more than one residential building, except as otherwise specifically authorized in this Part 6.
§ 310-129 Height limitations; exceptions.
Height limitations stipulated elsewhere in this Part 6 shall not apply to the following when attached to the principal structures: chimneys, church spires, belfries, domes, cupolas, flagpoles, monuments, fire towers, cables, or water tanks, elevator housing and similar structures, and no such exception shall cover at any level more than 10% of the area of the roof on which it is located, and further provided that no such structure shall extend more than 40 feet in height above the height of the principal structure, except as may be otherwise specifically provided in this article. All freestanding structures shall be considered as accessory structures and shall meet the height requirements as set forth in the zoning district regulations, except that freestanding lighting structures shall not exceed 16 feet in height in any zone.
§ 310-130 Accessory buildings attached to principal buildings.
An accessory building attached to the principal building shall comply in all respects with the requirements of this Part 6 applicable to the principal building.
§ 310-131 Accessory buildings in front yards.
An accessory building in a residential district or in a private parking area shall not be located in any required front yard space.
§ 310-132 Height of accessory buildings in residential districts.
Accessory buildings in residential districts shall not exceed one story or 15 feet in height, except barns for agricultural use where permitted.
§ 310-133 Accessory structures in rear yards.
Only accessory structures shall be located in the rear yard in accordance with the provisions of this Part 6.
§ 310-134 Distance between accessory buildings and other buildings.
In residential districts, the minimum distance of any accessory building other than a garage from an adjacent building shall be 10 feet. Garages shall comply with § 310-137.
§ 310-135 Storage sheds.
[Amended 1-18-2024 by Ord. No. 02-24]
Storage sheds, not exceeding 200 square feet in area and 12 feet in height, of the type which do not require the issuance of a building permit under the New Jersey Uniform Construction Code, may be located in accordance with the district requirements for accessory buildings.
§ 310-136 Height of principal structures; limitations on accessory structures.
[Amended 3-17-2016 by Ord. No. 05-16]
Principal structures in residential districts shall not exceed 35 feet in height. Accessory buildings may not exceed a total of 625 square feet in floor area. Accessory building shall be limited to two such buildings per lot. Storage sheds shall not exceed 200 square feet in area. Swimming pools are not considered accessory structures for purposes of calculation of lot coverage.
§ 310-137 Private garages.
Garages may be constructed in accordance with the following criteria:
A.
One private garage may be erected upon a lot containing a principal building.
B.
No detached garage shall be erected unless all of the following conditions are observed:
(1)
It shall not be closer in distance to any side or rear property line than 25 feet.
(2)
It shall not exceed 15 feet in height, except barns for agricultural use where permitted.
(3)
It shall be a minimum of 10 feet from all other structures.
[Amended 6-16-2022 by Ord. No. 06-22]
C.
Any private garage shall be limited only to any of the following stated uses:
(1)
Storage of passenger motor vehicles and recreational vehicles.
(2)
Storage of other personal property.
(3)
Storage of commercial vehicles permitted under the provisions of Article XIV.
(4)
No construction vehicles shall be stored in a garage.
(5)
Designed to contain no more than three motor vehicles.
§ 310-138 Lot width at setback line.
The minimum lot width required shall be measured at the required street setback line and shall be maintained for an additional 40 feet toward the rear of the lot on a line perpendicular to the setback line. On culs-de-sac and irregularly shaped lots, the minimum frontage at the property line may be less than the minimum width required but in no case less than 50% of the minimum required lot width.
§ 310-139 Corner lots.
A.
A sight triangle shall be maintained at all street intersections, in accordance with the requirements of § 310-89A(7).
B.
Side yard. The exterior side yard of a corner lot shall be the same as the front yard requirement of the residences fronting on the side street.
C.
Additional width. Corner lots shall have a minimum width 25% greater than interior lots.
§ 310-140 (Reserved) [1]
[1]
Editor's Note: Former § 310-140, Measurement of building height, was repealed 3-17-2022 by Ord. No. 04-22.
§ 310-141 Mechanical appurtenances exempt from height limitations.
Mechanical appurtenances such as condensers, exhaust fans and similar equipment are exempt from height limitations, provided they do not exceed 10% of the roof area, are not more than eight feet above the height limitation for the zone in which the building is located, and further provided that they are screened or shielded.
§ 310-142 Uses not specifically permitted.
Any use not specifically designated as a principal permitted use, a permitted accessory use or a conditional use is specifically prohibited from any zone district in the Township of Mine Hill.
§ 310-143 Fences and walls. [1]
A.
Regulations with respect to height, safety, location and type.
(1)
No permanent fence or wall shall be constructed, erected or maintained in any residence district (zone) within the Township which exceeds six feet in height.
(2)
Limitations on fences and walls in residential districts.
[Amended 11-21-2022 by Ord. No. 16-22]
(a)
A fence or wall shall not exceed four feet in height if located either in the front of or on the portion of the sidelines parallel to the rear foundation wall of the principal structure. A closed fence is not permitted within this portion of the property. A "closed" fence shall mean any fence with more than 50% of its width composed of solid material, equally distributed throughout its entire width (length). In the case of a lot fronting on more than one street, these requirements shall apply only to the street in which the front of the structure faces.
(b)
Any fence or wall shall comply in all respects to the sight triangle provisions of this chapter concerning visibility at street intersections and shall be at least 10 feet off the curb or outside the right-of-way of each street, whichever is greater. In the case of a lot fronting on more than one street, this setback requirement shall apply to each street.
(c)
Combining a fence and a wall which together exceed the applicable height limitation is not permitted.
(3)
All fences or walls shall be located a minimum distance of six inches from any property line.
(4)
All fences and walls shall be constructed in such a manner so as to be structurally sound and safe and able to withstand wind, snow, and other weather conditions and hazards. Where appropriate because of the height and type of fence involved, the fence shall be supported by adequate footings and/or other acceptable methods of support satisfactory to the Construction Code Official of the Township to assure structural stability and safety.
(5)
All fences and walls shall be uniform in construction and appearance and shall be properly maintained so as not to be unsightly or in any way offensive or detrimental to adjoining or nearby properties and property owners.
(6)
No fence or wall six feet or less in height shall require a building or construction permit. All other fences or walls shall require issuance of a building (construction) permit by the Construction Code Official of the Township. Additionally, any fence or wall in excess of six feet, where permitted in nonresidential districts (zones), shall also require site plan approval from the Township Planning Board in accordance with the site plan review requirements of this chapter.
[Amended 5-5-2016 by Ord. No. 09-16]
(7)
Where Chapter 303, Junk Dealers and Junkyards, of the Code of the Township of Mine Hill permits fences greater in height than permitted by this section, then Chapter 303, Junk Dealers and Junkyards, of the Code of the Township of Mine Hill shall prevail.
(8)
Fences or walls used to enclose private in-ground swimming pools shall be not less than four feet nor greater than six feet in height. Such fencing shall be of chain link, solid picket (stockade) or similar solid-type construction with no space between adjacent fence components of more than six inches.
(9)
Except as otherwise provided herein, in nonresidence districts (zones), fencing in connection with commercial or industrial uses shall not exceed 10 feet in height.
(a)
Where fencing in residence or nonresidence districts is intended as a security measure in order to enclose potentially hazardous conditions, such as, but not limited to, mining hazards, electrical supply stations or dangerous bodies of water, natural or man-made, the fence or wall shall not be less than seven feet in height and shall be designed and constructed to prevent climbing or unauthorized entry by use of three strands of barbed wire along the top of the fence, or by other acceptable means approved by the Construction Code Official. Metal fences, when used to enclose electrical supply stations having energized electrical conductors or equipment, shall be effectively grounded.
(b)
Where outdoor storage of solid wastes is permitted by the zoning regulations of the Township, and subject to all controlling sanitary and health laws and regulations, all such solid waste storage areas shall be enclosed by solid fencing which shall be opaque in nature.
(c)
Where fences are erected along property lines in residential districts (zones) or in nonresidential districts adjacent to a residential district or property used primarily for residential purposes, the finished side of the fence shall face the adjoining property.
B.
Existing fences and walls. Any fence or wall existing at the time of passage of this section which may violate this section with respect to the height or type of fence or wall, shall be permitted to remain without change; provided, however, the fence is of sufficiently sound construction and is adequately supported so as to be able to withstand wind, snow, ice and other weather conditions and hazards. Any nonconforming fence shall not be extended or enlarged, or rebuilt in the event of damage or destruction, except in accordance with the requirements of this section; provided, however, any such nonconforming fence need not meet the requirements of this section (except with respect to sound construction) if the area of fencing being extended, enlarged or rebuilt is not in excess of 25% (in length) of the fence as it existed at the time of the adoption of this section.
C.
Permit fees. The fee for a construction (building) permit for a fence or wall, when such permit is required by this section, shall be set forth in Chapter 235, Fees.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[1]
Editor's Note: This section was originally adopted by Ord. No. 259-80 as Ch. IX, Sec. 9-3, of the 1986 Revised General Ordinances but was relocated to this chapter at the request of the Township.
