Montague Township City Zoning Code
ARTICLE VI
R-3 Low Density Residential Zone District
§ 76-26 Principal uses and buildings.
[Amended 2-22-05 by Ord. No. R2005-1]
Within the R-3 Residential District, the following uses shall be permitted:
A.
Single-family detached dwellings.
B.
Buildings and land uses for agricultural purposes. Agricultural purposes shall include the keeping of up to two horses. In the event a lot contains an area of four or more acres, an additional horse may be kept on such parcel for each additional acre.
[Amended 7-14-2020 by Ord. No. 2020-08]
§ 76-27 Permitted accessory uses.
[Amended 4-22-14 by Ord. No. 2014-01; 9-24-2024 by Ord. No. 2024-13]
The following accessory uses shall be permitted:
A.
Private garages.
B.
Any other similar use which the Land Use Board determines to be one customarily incidental to the principal permitted use on the premises, provided that the principal permitted use is not a nonconforming use.
C.
The following are prohibited as accessory uses: real estate sales office, barber shop, beauty parlor and dance studio, and any similar uses which the Land Use Board may deem to be of a sufficiently high intensity with respect to vehicular traffic, pedestrian traffic or otherwise, and which may be deemed inconsistent with existing or future abutting residential uses.
D.
Sheds, gazebos and buildings for agricultural purposes.
§ 76-27.1 Trailers.
[Added 7-9-2019 by Ord. No. 2019-11]
All trailers placed on property. All trailers, including but not limited to boat trailers, equipment trailers, car trailers, and utility trailers, must have a current New Jersey registration to be placed on any residential property.
§ 76-28 Conditional uses.
[Amended 4-22-14 by Ord. No. 2014-01]
The following uses shall be permitted only after review and approval by the Land Use Board in accordance with the regulations governing the approval of conditional uses as set forth in this chapter and subject to the grant of site plan approval by the Land Use Board in accordance with the applicable standards and requirements for the grant of site plan approval for such use in the same manner as if such use were located in a commercial zone district:
A.
Churches, including parish houses and Sunday school buildings.
B.
Hospitals and nursing homes.
C.
The office of a medical doctor, psychiatrist, chiropractor, dentist, architect, engineer, surveyor, attorney, optometrist or accountant, or any such substantially similar professional occupation when located within the dwelling of such practicing professional, subject to the following conditions and limitations:
(1)
Not more than one nameplate or professional sign not over four square feet in area, which may be illuminated only with the express permission of the Land Use Board during such hours and subject to such limitations as the Board may impose.
[Amended 4-22-14 by Ord. No. 2014-01]
(2)
Provision shall be made for adequate off-street parking to accommodate the resident professional and any employees, clients or business invitees thereof, provided that in no event shall fewer than five off-street parking spaces be so provided. Such off-street parking areas shall be adequately screened and buffered in accordance with the requirements imposed by the Board.
(3)
Not more than two persons who are not bona fide residents of such dwelling may be employed in such office.
(4)
The structure in which such office is situated shall be the bona fide principal residence of such professional practitioner.
(5)
The portion of such residential dwelling house dedicated or devoted to such office use shall not exceed 25% of the gross living area of such building.
D.
Home occupations as defined in Section 76-7 shall be guided by the following considerations:
(1)
The proposed use must be entirely consistent with the principal use of the premises for residential purposes.
(2)
The proposed use shall not result in any undue increase in traffic, parking, noise, odor or any other factor detrimental to adjoining residences.
(3)
The proposed use shall not be a use permitted in any business district unless such use is one which the Land Use Board expressly finds to be customarily conducted in the home and usually considered to be a home occupation.
§ 76-29 Bulk requirements.
[Amended 7-27-99 by Ord. No. 99-04; 2-25-03 by Ord. No. 2003-08; 2-22-05 by Ord. No. R2005-1]
A.
General single family residential requirements.
(1)
Maximum coverage. The coverage of all buildings on the lot shall not exceed 10%.
(2)
Building height. No building shall exceed 35 feet in height measured from the lowest point of the finished grade to the highest point of the structure.
(3)
Minimum area, bulk and yard requirements shall be as follows:
(a)
Minimum lot size: 130,680 square feet or three acres in the R-3 zone districts.
Editor's Note: No new requirement contained in this Ordinance shall apply to any existing lot with a gross area less than that prescribed for a lot in the respective zone, provided that all regulations prescribed for the zone are complied with and further provided that the lot was properly subdivided after Planning Board/Land Use Board approval and pursuant to the provisions of the then-existing subdivision ordinance.
(b)
Minimum lot width as measured at the minimum building setback line: 150 feet.
(c)
Minimum lot frontage as measured at the edge of the right-of-way: 150 feet.
(d)
Minimum lot depth: 200 feet.
(e)
Minimum front yard setback; 50 feet from the edge of the street right-of-way provided that such right-of-way shall be not less than 50 feet in width. In the event that such right-of-way shall be less than 50 feet in width, such minimum front yard setback shall be increased by 1/2 the difference between 50 feet and the actual width of the dedicated right-of-way.
(f)
Minimum distance from the principal structure to any lot line other than the street line: 35 feet.
(g)
Minimum distance from any accessory structure to any lot line other than the street line: 10 feet.
(h)
Minimum road frontage on a cul-de-sac street: 75 feet.
B.
Minimum lot area for any conditional use permitted pursuant to Section 76-28, Subsections A and B shall be five acres, and the bulk dimensions of the lot supporting such conditional use shall be twice the minimum lot dimensions required for a conventional single family residential lot as required by Section 76-29, Subsection A.
C.
Flag lots shall be permitted in accordance with all applicable requirements of the Flag Lot Ordinance, as amended.
§ 76-30 Minimum impact development option.
[Amended 7-27-99 by Ord. No. 99-04]
A.
Density. The maximum density shall be one unit per five acres (.2 units per acre). Rounding shall not apply.
B.
Minimum area bulk and yard requirements shall be as follows:
(1)
Minimum lot size: 40,000 square feet.
(2)
Minimum lot width as measured at the minimum building setback line: 100 feet.
(3)
Minimum lot frontage as measured at the edge of the right-of-way: 100 feet.
(4)
Minimum lot depth: 200 feet.
(5)
Minimum front yard setback: 50 feet.
(6)
Minimum distance from the principal structure to any other lot line: 35 feet.
(7)
Minimum distance from any accessory structure to any lot line other than the street line: 10 feet.
(8)
Minimum road frontage on a cul-de-sac or curved street: 50 feet.
C.
Common driveways.
(1)
Common driveways may be permitted for good cause shown to the Land Use Board, but in no event shall a common driveway serve more than four lots.
[Amended 4-22-14 by Ord. No. 2014-01]
(2)
Lots with access provided by a common driveway shall not be required to abut an improved public street. Any approval involving one or more lots not abutting a street but having an approved common driveway shall be deemed to have effectively directed the issuance of a permit for the erection of a building or structure on such lot(s) if and when such construction shall be otherwise authorized, provided that the applicant shall have given notice for and shall have received a variance pursuant to N.J.S.A. 40:55D-36.
(3)
The maximum length of a common driveway shall be 1,000 feet.
(4)
The minimum width of a common driveway shall be 16 feet with 2-foot graded-and-stoned shoulders within an easement having a minimum width of 25 feet.
(5)
Provisions for the long term maintenance of the common driveway shall be established and approved at the time of subdivision approval. Appropriate covenants shall be included in any deed to perfect and/or convey title to any approved lot or lots.
D.
Exercise of this development option shall preclude further subdivision, which shall be enforced by approved deed restriction(s).