Ogdensburg City Zoning Code
§ 30-408
R100 RESIDENTIAL DISTRICT.
[Ord. No. 3-10]
A.
Permitted Principal Uses.
1.
Single Family Dwelling.
2.
Multi-Family Residential Dwelling.
3.
Public Purpose Uses.
B.
Permitted Accessory Uses.
1.
Customary Residential Accessory Uses - patio, tool and garden sheds, garages, gazebos, fences, walls and private residential pools, subject to the provisions of Section 300-500.
2.
Satellite Dish Antenna (subject to Section 30-600).
3.
Home Occupation (subject to Section 30-521).
C.
Conditional Uses (See Section 30-600 for Conditions and Standards).
1.
Public Utilities.
2.
Agriculture (single family residential dwellings only).
D.
Minimum Lot Size and Dimensions.
100,000 square feet per dwelling | |
Width | 200 feet |
Frontage | 150 feet |
E.
Minimum Yard Requirements.
Front | 75 feet |
Rear | 75 feet |
Side | 40 feet Minimum each side |
F.
Minimum Floor Area (Gross).
2,000 square feet per dwelling unit.
G.
Maximum Lot Coverage
15% Total
H.
Maximum Building/Structure Height
35 feet
I.
Signs.
1.
Nameplate - Not to exceed two square feet (subject to Section 30-500).
2.
Real Estate Sale - Not to exceed four square feet (subject to Section 30-500).
3.
For any conditional use - not to exceed 12 square feet (subject to Section 30-500).
J.
Required Off-Street Parking.
1.
Two parking spaces per residential dwelling.
2.
Parking for any conditional use other than home occupation shall be the same as that required where the uses are permitted, or as required by Section 30-600.
K.
Lot Size Averaging
The minimum lot size and dimensions as required by paragraph D above may be adjusted as set forth below, providing the application for development meets the following criteria:
1.
The minimum tract size of 25 acres for simultaneous development;
2.
The applications for development, if proposed in phases, must provide for the installation and completion of all streets, utilities and off-tract as a part of phase I construction;
3.
Providing the application for development meets the above criteria, the following shall apply:
a.
The lot sizes of the subdivision submitted for approval may vary to a minimum lot size of 60,000 square feet and a maximum lot size of 180,000 square feet, providing that the average lot size is 100,000 square feet or greater, and further providing that no more than 30% of the proposed lots are less than 100,000 square feet.
b.
Applications meeting the averaging requirements set forth above may make the following reductions in the frontage and lot width requirements:
(1)
For lots located on a cul-de-sac, 100 feet or greater frontage is required.
(2)
Notwithstanding the above allowed variations, all other yard requirements of paragraph E above shall be complied with.
L.
Multi-Family Dwelling Units.
1.
Principal Permitted Use Subject to Site Plan Approval.
a.
Multi-family dwellings, including townhouses, condominiums and apartments.
b.
Public and quasi-public uses.
2.
Permitted Accessory Uses (Residential Multi-Family Only).
a.
Recreational facilities, including swimming pools, tennis courts, other outdoor facilities and recreational/community structures intended primarily for the use and enjoyment of the residents of the development, located in common (or public) recreational areas only.
b.
Off-street parking facilities, including detached private garages and detached common garage structures.
c.
Fences, walls, street furniture and ancillary maintenance or storage sheds.
3.
Conditional Uses.
None
4.
Minimum Lot Size and Density.
a.
Minimum lot size is 25 acres.
b.
A density of four dwelling units per acre. For the purpose of calculating density, any areas dedicated for the purpose of on-site water or sewerage utilities are deducted from the gross tract area.
5.
Multi-Family General Development Requirements.
a.
If the site plan indicates any construction development on a slope of 25% or greater, the site plan must include specific engineering proposal which addresses to the satisfaction of the reviewing Board (Planning Board/Board of Adjustment) erosion and other appropriate environmental concerns during construction and post-construction.
b.
Plans shall clearly delineate the area of the tract to be devoted to each use. Public, quasi-public and open space uses shall be provided in locations convenient to the residents of the development.
c.
Required Open Space:
Land area equal to a minimum of 25% of the gross tract area shall be set aside for conservation, recreation, open space and park area. The requirements applicable to the reservation, improvements, dedication, ownership and maintenance of open spaces shall be approved as a part of preliminary site plan approval which shall include an Open Space Management Plan. Said plan shall specifically address the following:
(1)
Provisions for the replenishment of any vegetation in the open space areas which may become destroyed for any reason.
(2)
Provisions for preventive maintenance for, and correction of, soil erosion in said open space areas.
(3)
Provisions for the timely removal of dead or downed trees.
(4)
Provisions for the timely treatment of diseased trees in open space areas.
The required open space areas shall not include any area within 40 feet of any structure or amenity.
d.
All disturbed portion of the tract not utilized by buildings or paved surfaces shall be suitably landscaped to maintain and/or re-establish the tone of the vegetation in the area and lessen the visual impact of development. The established grades on any site shall be planned for both aesthetic and drainage purposes. The grading plan, drainage facilities, and landscaping shall be coordinated so as to prevent erosion, silting and flooding.
e.
Any multi-family development proposal exceeding 30 dwelling units shall have a minimum of two primary means of vehicular ingress and egress to the site. Each of said primary means of vehicular ingress and egress shall be located so as to equally serve all portions of the development.
f.
If the development is proposed in phases, all streets, roads, utilities, recreation and off-tract improvements shall be constructed and operational prior to the issuance of any Certificate of Occupancy for the first phase.
g.
Townhouse Development Standards.
(1)
No individual townhouse dwelling unit shall be less than 18 feet wide. Building coverage shall not exceed 20% of the net tract area.
(2)
Any overall structure of attached townhouses shall provide that no more than four adjacent dwelling units have the same setback. No more than eight townhouses nor less than four shall be attached to produce one overall structure.
(3)
Required minimum distances between buildings shall be as follows:
(a)
Between any principal building and any detached accessory building: 10 feet.
(b)
Between the side walls of all principal buildings where said walls are parallel to each other: 20 feet with no more than 20 feet overlap, otherwise 30 feet.
(c)
Between the front facades of any two principal buildings where said buildings are opposite each other and the walls are parallel: 65 feet.
(d)
Between the rear facades of any two principal buildings where said buildings are opposite each other and the walls are parallel: 50 feet.
(e)
Between the front facade of one principal building and the sidewall of another principal building where said walls are parallel: 50 feet, except that if the overlap is 20 feet or less than 30.
(f)
The term "parallel" as used herein shall also refer to positions which are approximately or approaching parallel.
(g)
Each dwelling unit and combined complex of dwelling units shall have a compatible architectural theme with variations in design to provide attractiveness to the development which shall include consideration of landscaping techniques, building relation to the site and other structures, topography, natural features and individual dwelling unit design such as varying unit widths, staggering unit setbacks, and changing roof lines and building heights.
(h)
As a part of preliminary site plan application, the developer shall submit complete building/architectural plans, for each and every building, and, should the application be approved, all buildings constructed shall conform to said approved building/ architectural plans.
h.
Condominium Unit Development Standards.
(1)
No individual condominium unit shall contain less than 750 square feet Building coverage shall not exceed 20% of the net tract area.
(2)
Condominium unit structures shall contain no less than four dwelling units, not more than 18 dwelling units. No condominium structure with off-set fronts shall exceed a length of 225 feet and if said building does not have off-set fronts, no more than 150 feet in front of building not off-set.
(3)
Required minimum distances between buildings shall be as follows:
(a)
Between any principal building and any detached accessory building: 10 feet.
(b)
Between the side walls of all principal buildings where said walls are parallel to each other: 20 feet with no more than 20 feet overlap, otherwise 30 feet.
(c)
Between the front facades of any two principal buildings where said buildings are opposite each other and the walls are parallel: 65 feet.
(d)
Between the rear facades of any two principal buildings where said buildings are opposite each other and the walls are parallel: 60 feet.
(e)
Between the front facade of one principal building and the side wall of another principal building where said walls are parallel: 30 feet.
(f)
The term "parallel" as used herein shall also refer to the positions which are approximately or approaching parallel.
(4)
Unobstructed access for emergency vehicles shall be provided in accordance with Section 30-500 of this chapter.
i.
Multi-Family Building Standards.
(1)
Maximum Building Height: No principal building shall exceed 2 1/2 stories or 30 feet.
(2)
Each building shall be served by a single cable TV antenna system which shall served all dwelling units within the building. A satellite dish TV system for the development may be allowed subject to site plan and landscaping review, and subject to the requirements of Section 30-600.
(3)
A firewall, extending to the roofline, shall be constructed between attached townhouse units and between each set of four or less condominium units and any other units.
(4)
Refuse pickup and other utility areas shall be located for the convenience of the occupants and shall be easily accessible to collection vehicles. Such areas shall be suitably screened from view through the use of fencing, landscaping or both.
j.
Accessory Building Design Standards.
(1)
Setbacks:
Accessory buildings shall meet the street setback of the principal building and shall be at least 10 feet from a principal building or property line. Recreation buildings and structures (including swimming pools, tennis courts and so forth) shall be at least 50 feet from any principal residential building or property line.
(2)
Height:
The maximum height of an accessory building shall be 16 feet except for clubhouses which shall not exceed 28 feet in height.
(3)
Design:
Architectural design and materials used in the construction of accessory buildings shall conform to or compliment those used in the construction of the principal buildings.
k.
Off-Street Parking Requirements.
(1)
Within any multi-family residential development there shall be provided conveniently located off-street parking facilities for all buildings and uses. Parking shall be provided at a minimum rate of 1 1/2 spaces per each one-bedroom dwelling unit; a 1.75 spaces per each two-bedroom unit and two spaces for each three-bedroom unit.
(2)
No parking area containing three or more parking spaces shall be located within 15 feet of a multi-family dwelling unit, or within 25 feet of any tract property line or lot line of any on or off-tract single-family residence.
(3)
Each garage may be considered as 1/2 of a required parking space. Paved driveways serving garages which are part of the individual townhouse dwelling units may be considered part of the required parking.
(4)
Parking areas shall not directly access public streets, but shall be provided with access drives which shall be kept clear of parked vehicles.
(5)
All off-street parking spaces shall be designed and constructed in accordance with applicable Borough standards governing off-street parking and shall comply with Section 30-500 of this chapter.
l.
Property Line and Street Setbacks.
(1)
Property Line Setbacks.
The following setbacks and buffer requirements shall be applicable within any Multi-family Residential Development:
(a)
No principal building shall be erected closer than 75 feet from the perimeter of any Multi-family Residential Development Tract. No accessory building or structure shall be erected closer than 50 feet from the perimeter of any Multi-family Residential Development Tract.
(b)
A landscaped buffer zone of at least 25 feet in width shall be maintained along the perimeter of any Multi-family Residential Development Tract. This buffer zone shall be kept in its natural state to the greatest extent practicable. Any newly installed trees constituting said buffer zone shall be a minimum of six feet at planting.
(c)
Within the buffer zone, no buildings, structures, off-street parking or loading areas or other uses shall be permitted. Utility easement, streets and driveways, storm water management facilities and other necessary infrastructure improvements shall be permitted within the buffer zone, so long as proper buffering has been reintroduced as shown on a landscape plan approved by the Board.
(d)
The buffer zone may be included for the purposes of computing open space requirements for Planned Residential Developments.
(2)
Street Setbacks.
No principal building shall be erected within 25 feet of the right-of-way of any public street or within 25 feet of the curb line of any internal private street or drive. No principal building shall be erected within 15 feet of the curbline of any common parking area.
m.
Site Improvements.
If the Board determines that it would be desirable to have a public street at any location in the development, it may require the dedication of the street and its improvements in accordance with all Borough requirements and specifications. The area within the right-of-way of any such road may be included in the gross acreage of the property for the purposes of determining maximum density.
(1)
All streets within the development intended for dedication to the Borough shall conform with the requirements of Section 30-500 of this section. All streets within the development not intended for dedication to the Borough shall have a minimum pavement width of 24 feet and the minimum right-of-way shall be 24 feet. Private streets, as roads and access driveways shall conform with the requirements of Section 30-500 as to construction standards.
(2)
Sidewalks shall be provided at least on one side of all public or private streets, and approved walkways shall be approved wherever else pedestrian traffic is expected to occur.
(3)
Prior to preliminary approval, the developer shall submit plans for the public water and public sewerage systems which plans shall be in conformance with and provide the information required by Section 30-500 of this chapter. Prior to final approval, the developer shall submit the final plans for these systems which shall have been approved by the local Board of Health and the New Jersey Department of Environmental Protection (NJDEP). Individual septic systems and/or private wells shall not be permitted.
(4)
All improvements shall comply with the improvements and design standards established in this chapter unless a stricter requirement is specified in this section.
(5)
All proposed signs shall be considered as a part of the preliminary site plan application and shall conform with Section 30-500 of this chapter.
(6)
Lighting shall be adequate to minimize hazards to pedestrians and motor vehicles along the interior streets and driveways and pedestrian walkways, in parking areas and outdoor recreational areas, and near front and rear entrances to dwellings.
n.
Development Phasing.
Any proposal for Multi-Family Residential Development may include provisions for its construction in sections over a period of years, provided that the following terms and conditions are met:
(1)
Where the development is intended to be constructed in sections over a number of years, prior to the granting of preliminary approval for the entire development, there shall be an explanation, including appropriate maps, indicating the location, number and type of units to be constructed in each section and the priority of each section.
(2)
Preliminary approval shall be granted for the complete proposal before final approval shall be granted for any section.
(3)
Each development section shall maintain a proportional balance of residential uses, recreational uses, and open space to serve the residents. For all development sections subsequent to the first, no building permits may be issued for construction of units in any section until construction of proceeding sections is substantially completed.
o.
Open Space Management.
(1)
Unless a property owners association has responsibility and control of open space, an open space organization for the purpose of owning and maintaining common lands and facilities, including conservation, open space, recreation and park areas, shall be established in accordance with N.J.S.A. 40:55D-43 and the following provisions:
(a)
Membership in any created open space organization by all property owners shall be mandatory. Such required membership in any created open space organization and the responsibilities upon the members shall be in writing in the form of a covenant with each member agreeing to his liability for his pro-rata share of the organization's costs and providing that the Borough shall be a party beneficiary to such covenant entitled to enforce its provisions.
(b)
The open space organization and/or property owner's association responsible for liability insurance, municipal taxes, maintenance and any facilities that may be erected on any land deeded to the open space organization and shall hold the Borough harmless from any liability.
(c)
Any assessment levied by the open space organization may become a lien on the private organization shall be allowed to adjust the assessment to meet changing needs and any deeded lands may be sold, donated or in any other way conveyed to the Borough for public purposes only.
(d)
The open space organization initially created by the developer shall clearly describe in its by-laws the rights and obligation of any homeowner and tenant in the development, and shall be submitted for the Board's approval, along with the covenant and model deeds and the articles of incorporation of the association, prior to the granting of preliminary approval by the Board.
(e)
Part of the development proposals submitted to and approved by the Borough shall be provisions to insure that control of the open space organization will be transferred to the individual lot owners in the development based on a percentage of the dwelling units sold and/or occupied, together with assurances in the by-laws that the open space organization shall have the maintenance responsibilities for all lands to which it holds title.
p.
Recycling.
The development plans must include on-site recycling facility sufficient for all residents of the proposed multi-family development which shall be of such items and in such manner as approved by the governing body, including method of disposal. Removal and disposal of recycled material shall be the responsibility of the Homeowners' Association.
