Morris Township City Zoning Code
ARTICLE IV
Area, Bulk and Yard Requirements and Supplementary Regulations
§ 95-28 Area, bulk and yard requirements.
The Schedule of Area, Bulk and Yard Requirements is included as an attachment to this chapter.
§ 95-29 Lot regulations.
A.
New structures and additions.
[Amended 5-28-1980 by Ord. No. 20-80; 10-23-2019 by Ord. No. 26-19]
(1)
New structures. Notwithstanding any of the provisions of this article, any lot existing as a separate isolated lot under separate ownership and not adjoining any other lot or lots of the same owner and which lot is a nonconforming lot due to size, shape or area may be improved with a new building or structure in accordance with this chapter, provided that all bulk standards for the zone can be complied with and further that the building meets all other requirements of this chapter.
(2)
Additions. Where a lot exists as a separate isolated lot under separate ownership and not adjoining any other lot or lots of the same owner and is improved with a building or structure which is nonconforming, said lot may be further improved by an addition to said building or structure or any accessory building or structure, provided that the proposed improvements meet the current bulk standards for the zone. A vertical and/or horizontal extension or exacerbation of any preexisting nonconforming setback shall constitute a violation of the current setback requirement and therefore shall require bulk variance relief. The Construction Official of the Township of Morris is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this section, provided that all other requirements of this chapter are met.
B.
Lot width. On regularly shaped lots, the minimum lot width of any lot shall be measured at the front property line and minimum front yard setback line as required for the zone in which it is located and shall be maintained for a distance of 40 feet to the rear of the required setback line. In cases of lots fronting on culs-de-sac, which are turnarounds at the end of streets with a single ingress and egress, the lot frontage measured at the street right-of-way line shall not be less than 50% of the required minimum lot width or 75 feet, whichever is greater.
C.
Corner lots. At all street intersections, no obstruction to vision exceeding 30 inches in height above the established grade of the street at the property line shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot line or the extension thereof 30 feet distant from their intersection. The determination of the front yard of a corner lot shall be at the option of the owner or developer and shall be so designated on all maps and official records. On any corner lot, the narrowest dimension permitted within its zone shall be increased by 25 feet beyond that required for a minimum lot.
D.
Through lots. A through lot shall be considered as having two street frontages, both of which shall be subject to the front yard requirements of this chapter. Where a lot is bounded on three or more sides by roads, the side opposite the front yard shall be considered the rear yard, and the minimum rear yard setback shall be maintained. The remaining frontage(s) shall be considered the side yard(s), and the front yard setback(s) for the side street(s) shall be maintained, except that the Planning Board may permit parking in these side yard areas, except that in OL Zones this parking shall not be closer than 25 feet to the right-of-way line. Buffer zone requirements established in Chapter 57, Land Development, shall be followed where uses abut a single-family residential zone.
E.
Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and, if already existing as less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
F.
Frontage upon a street. Every principal building shall be built upon a lot with the minimum required frontage upon an improved and approved street in accordance with the street standards established by the Township of Morris.
§ 95-30 Height regulations.
A.
General application. No building or structure shall have a greater number of feet in height than are permitted in the zone where such building or structure is located.
[Amended 8-14-1985 by Ord. No. 27-85]
B.
Permitted exceptions. Subject to the requirements of this Subsection B, height limitations stipulated elsewhere in this chapter shall not apply to the following:
[Amended 12-19-2012 by Ord. No. 21-12; 12-16-2020 by Ord. No. 27-20]
(1)
Spires, belfries, cupolas, domes, monuments, historic edifices and flagpoles, provided that they do not extend more than 15 feet above the adjoining roof surfaces.
(2)
Chimneys, provided that they extend no higher above the top of the roof section to which they are attached than the greater of four feet or the minimum vertical distance required to conform to Uniform Construction Code requirements.
(3)
Fire towers within public parklands.
(4)
Private radio and antennas, but only to the extent required to conform to applicable Federal Communications Commission requirements.
(5)
Tanks, towers, and standpipes used to store public water supplies for domestic consumption, industrial use, or firefighting.
(6)
Overhead distribution systems for electric, cable television, and/or communications services subject to regulations by the Board of Public Utilities.
(7)
Elevator penthouses, stair towers, and roof-mounted tanks and mechanical equipment, such as condensers, exhaust fans, other air-conditioning equipment, and other similar equipment, provided that they extend no more than 15 feet above the roof surface.
(a)
Do not extend more than 15 feet above the adjoining roof surface;
(b)
Cover no more than 20% of the building's roof area; and
(c)
Are properly shielded from view from adjoining streets and properties by a screen or parapet wall extending not more than 15 feet above the adjoining roof surface.
(8)
Parapets, railings, copings, balustrades, cornices, and other similar roof projections up to three feet in height above the roof surface.
§ 95-31 Yard regulations.
A.
General.
(1)
Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, door posts, rainwater leaders and similar ornamental or structural fixtures which may not project more than one foot into such yards or as may otherwise be permitted in this chapter. Parking is permitted except where otherwise prohibited by this chapter.
(2)
Cornices, eaves, bay windows, balconies and uncovered stairways may project not more than two feet over any required yard. No variance from the front yard setback requirements of the Zoning Ordinance shall be required for an open porch added to an existing detached single-family dwelling, provided that the following conditions are met:
[Amended 12-18-2019 by Ord. No. 29-19]
(a)
The porch shall be an open porch as defined in § 57-3 of Land Development Ordinance.
(b)
The porch shall not exceed a width of eight feet or a depth of five feet. The height shall be such that the underside of the porch covering is not more than 10 feet above the porch floor.
(c)
The porch shall not protrude more than six feet into the minimum required front yard for the zone in which it is located.
(3)
Chimneys, flues, or outdoor barbecues may be erected within any yard, provided that they do not exceed 75 square feet in aggregate external area. Patios may not be located closer than five feet to any property line.
B.
Front yard requirements affected by Official Map or Master Plan. Where any lot fronts on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Township of Morris, in the Master Plan of the Township of Morris, in the Master Plan of Morris County or by the State of New Jersey, as adopted by the appropriate agency pursuant to law, the front and rear yard of any interior lot or side yard of a corner lot in such zone shall be measured from such proposed future right-of-way line.
C.
Side yard exceptions. Any corner lot shall provide a side street setback line which shall be the same as the minimum front yard required on any adjoining lot fronting on the side street. Parking may be permitted within this area, except that in the OL Zones the parking shall not be closer than 25 feet to a right-of-way line.
[Amended 12-12-1979 by Ord. No. 39-79]
§ 95-32 Lot coverage.
A.
The maximum lot coverage on each lot shall not be greater than is permitted in the zone where such buildings and structures are located and shall include all porches, chimneys, extensions and accessory buildings and structures.
B.
In all zones, in connection with every industrial, business, institutional, recreational, residential or other use, the maximum permitted lot coverage of principal and accessory buildings and structures and improved areas, including off-street parking and loading areas, driveways and other impervious surfaces, shall not exceed 75% of the total lot or parcel, except where otherwise provided.
[Amended 3-28-1979 by Ord. No. 2-79]
§ 95-33 Number of principal structures.
There shall not be more than one principal structure on each lot in any zone, except as permitted for development groups.
§ 95-34 Setback from watercourses.
Notwithstanding any other provisions of this chapter, no building or structure shall hereinafter be erected, moved, altered, added to or enlarged within a distance of 25 feet from the high-water mark of a watercourse or other body of water. In addition, an easement of not less than 15 feet along each side or edge of said watercourse or other body of water shall be provided. No building, structure or other impervious areas shall be permitted to be constructed within said easement or restricted area.
