Montgomery City Zoning Code
§ 16-6.2
General Exceptions and Modifications.
[Ord. #85-482, S 602; Ord. #88-584, S V D; Ord. #91-716, S 4; Ord. #92-759, S 5; Ord. #93-781, S 7; Ord. #00-993, S 1; Ord. #01-1050, S 8]
a.
Christmas Tree Sale. The annual sale of Christmas trees is permitted in the VN, NC and HC Zones between December 1 and December 25, inclusive. All trees not sold shall be removed and the premises cleared no later than January 1.
b.
Height Limits. Penthouses or roof structures for the housing of stairways, tanks, ventilating fans, air conditioning or similar equipment required for the operation and maintenance of the building, skylights, spires, cupolas, flagpoles, chimneys or similar structures associated with buildings in the HC, NC, REO-1, REO-2, REO-3 and MFG Districts may be erected above the height limits prescribed by this chapter, but in no case more than 20% more than the maximum height permitted for the use in the district. Chimneys on residential dwellings and silos and barns associated with farming shall have no height restrictions.
c.
Parking of Commercial Vehicles in Residential Zones.
1.
One registered commercial vehicle of a rated capacity not exceeding one ton on four wheels, owned or used by a resident of the premises, shall be permitted to be regularly parked or garaged in any residential district, provided that said vehicle is parked in a side or rear yard area of the premises at least 10 feet from the property line, which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height.
2.
For purposes of this subsection, a commercial vehicle is a bus and/or vehicle containing advertising matter intended to promote the interest of any business, whether or not said vehicle is registered as a commercial vehicle with the New Jersey Division of Motor Vehicles, except that this provision shall not be deemed to limit the number of commercial trucks or cars used on a farm or the construction equipment used on a site for construction purposes, and except further that vehicles associated with a home occupation shall meet the requirements specified in Subsection 16-6.7 of this chapter.
d.
Parking of Trailers and/or Campers in Residential Zones.
1.
Trailers,[1] motor homes, horse trailers, boat trailers, ATV and motorcycle trailers may be parked or stored only in a rear or side yard area at least 10 feet from the property line which area is relatively unexposed to neighboring properties and is screened from neighboring properties by plantings at least five feet in height. The dimensions of such vehicles and trailers shall not be counted in determining building coverage. Except as otherwise provided below in Subsection 16-6.2d2, such vehicles and trailers shall not be used for temporary or permanent living quarters while situated on the lot.
[1]
See N.J.S.A. 40:55D-102k for definition of trailers.
2.
Trailers and motor homes only, may be used for temporary living quarters subject to the Construction Official's issuance of a temporary certificate of occupancy therefor and the following conditions:
(a)
The trailer or motor home is to be situated on a lot in the R-1, R-2, R-5, MR, MR/SI or PPE Districts already having an occupied single-family dwelling which, by virtue of flood, fire, tornado, hurricane or other calamity has been rendered uninhabitable, or, by virtue of proposed renovations, will be temporarily uninhabitable, provided that the Construction Official certifies as to the circumstances of the dwelling's uninhabitabililty;
(b)
The trailer or motor home is no greater than 450 square feet in size;
(c)
The trailer or motor home shall not be placed on a permanent foundation or otherwise permanently anchored to the ground;
(d)
The tires on the trailer or motor home shall not be removed;
(e)
The trailer or motor home shall not be occupied for a period in excess of 60 days, except that if the Construction Official finds that the renovations or reconstruction of the unhabitable dwelling are being completed with reasonable diligence, the Construction Official may extend the period of temporary occupancy of the trailer or motor home for an additional period not to exceed 60 days;
(f)
Upon issuance of a certificate of occupancy or temporary certificate of occupancy for the dwelling, the use of the trailer or motor home for temporary residency shall cease;
(g)
Only the occupants of the single family dwelling may temporarily reside in the trailer or motor home;
(h)
The Construction Official shall verify that the trailer or motor home has a working telephone, which may be cellular, and electrical service before its temporary occupancy occurs;
(i)
The Health Officer (or his/her designee) shall verify that the trailer or motor home has a potable water supply and that the trailer or motor home is temporarily connected to the existing dwelling's method of sanitary disposal, whether it be an individual subsurface disposal system or sewer;
(j)
The Health Officer (or his/her designee) shall verify that the existing dwelling is temporarily disconnected or separated from its method of sanitary disposal during the period of temporary connection by the trailer or motor home;
(k)
If the Health Officer (or his/her designee) determines that the individual subsurface disposal system or sanitary sewer, as the case may be, serving the dwelling is in need of repair or alteration, the repair or alteration must be completed prior to temporary occupancy of the trailer or motor home;
(l)
The placement of the trailer or motor home on the lot shall conform to the minimum setback requirements for a principal dwelling in the district in which the property is located, except that if, in the Construction Official's opinion, the trailer or motor home cannot reasonably be located in conformance with the setback requirements for a principal dwelling, it shall be located in conformance with the setback requirements for an accessory building in the district in which the property is located;
(m)
The trailer or motor home shall not be located in the front yard; and
(n)
Any deviations from the above conditions shall require approval by the Board of Adjustment pursuant to N.J.S.A. 40:55D-70d, and no individual official of the Township shall have the authority to waive any of the aforesaid conditions.
e.
Public Election Voting Places. The provisions of this chapter shall not be construed as to interfere with the temporary use of any property as a voting place in connection with a municipal or other public election.
f.
Public Utility Lines and Related Structures. Public utility lines for the transportation and distribution and control of water, electricity, gas, oil, steam, cable television and telephone and telegraph communications shall be installed underground except as provided in Subsection 16-5.11a of this section. Related electric transformer boxes and cable television and telephone junction boxes may be located above ground, provided that they extend no higher than three feet above the ground; and where natural foliage is not sufficient to provide year-round screening of such above ground apparatus, the developer shall provide sufficient live plant screening to border and conceal such apparatus year-round from all sides. Such public utility lines and related structures shall not be required to be located on a lot, nor shall this subsection be interpreted to prohibit the use of a property in any zone for the above uses.
g.
No Penalty for Voluntary Dedications. Any property made undersized compared to the minimum lot or tract sizes required by this chapter as a result of a voluntary dedication by the landowner and acceptance by the Township of lands for roadways, parks, conservation areas or other public purpose uses shall not be penalized regarding the floor area ratio, building coverage, density and lot coverage provisions of this chapter simply because of such voluntary land dedication.