Rahway City Zoning Code
ARTICLE VI
Supplementary Lot, Height and Yard Regulations
§ 421-51 Conformity of all buildings and structures.
Except as hereinafter provided, no building or structure or part thereof shall hereinafter be erected, structurally altered, enlarged or rebuilt except in conformity with the lot dimension, yard, coverage, height and spacing regulations herein prescribed. Any building or structure that does not conform to such regulations, hereinafter referred to as the "building regulations" of this chapter, shall be deemed a nonconforming structure, irrespective of the use to which it is put. Building variances granted on grounds of practical difficulties or undue hardship shall be deemed to be nonconforming structures or uses.
§ 421-52 Regulations applying to yards and frontage.
A.
Frontage of through lots. On any through lot, the front of such lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined building frontage established, the owner shall, when applying for a building permit, indicate the shorter of the front lot lines to be the front lot line.
[Amended 4-11-2005 by Ord. No. O-11-05]
B.
Front yards and future right-of-way lines. Where a building lot has frontage upon a street which, on the Master Plan or Official Map of the City of Rahway, is contemplated for right-of-way line widening, the required front yard area shall be measured from such proposed future right-of-way line.
C.
Front yards to face dedicated public street. All front yards must face on a dedicated public street or on a private street approved by the Planning Board or City Council, for at least 50 feet along the street line, except in the case of culs-de-sac, in which case the lot must face on said street for at least 40 feet. No building or use will be permitted on a lot unless that lot has frontage on a street that has been improved in accordance with minimum city standards or a street for which improvements satisfactory to the City Engineer have been guaranteed, either by cash or bond, or for which a permit has been issued in accordance with Chapter 53, Land Use Procedures.
D.
Obstructions at intersections. At the intersection of two or more streets, no wall, fence, hedge or other structure shall be erected to a height in excess of three feet above curb level, nor any other obstruction to vision shall be permitted within the triangular area formed by the intersecting street lines at points which are 25 feet distant from the point of intersection, measured along said street line. Trees whose branches are trimmed away to a height of at least 10 feet above the curb level shall be permitted.
E.
Prevailing front yard setbacks. Where the prevailing front yard setback on a street on which the property fronts is greater than that required in the Schedule of Lot, Height and Yard Requirements[1] for that zone, the front yard setback required must be consistent with the front yard setback for the immediately adjoining properties. Should the prevailing front yard setback for one or both of the immediately adjoining properties not be consistent, then the prevailing front yard setback required must be consistent with the prevailing front yard setback of a majority of the lots on the block front along which the property is located.
[Added 8-10-1998 by Ord. No. O-39-98; amended 4-12-1999 by Ord. No. O-11-99]
[1]
Editor's Note: The Schedule of Lot, Height and Yard Requirements is included at the end of this chapter.
§ 421-53 Permitted exceptions to lot, height and yard regulations.
A.
Purpose. The following permitted modifications and exceptions to the limitations imposed by this chapter are permitted under the terms and specifications herein set forth.
B.
General modifications.
(1)
Height. The height limitations of this chapter shall not apply to church spires, belfries, cupolas, penthouses and domes, not used for human occupancy; nor chimneys, ventilators, skylights, water tanks, bulkheads or similar features, and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes they are to serve. The provisions of this chapter shall not apply to prevent the erection above the building height of a parapet wall or cornice for ornamental purposes to screen mechanical appurtenances.
(2)
Area. A single-family dwelling may be constructed in a district, where permitted, on any lot shown on a recorded subdivision plot or any lot of official record at the time of enactment of this chapter, provided that the owner of such lot does not now own any adjoining lot or adjacent land and has not sold any adjacent land after enactment of this chapter to create a nonconforming lot. Where an existing nonconforming or conforming building and/or use is situated or is to be situated on an undersized lot of record, improvements or additions may be made without variance approval, provided that the improvement or addition does not encroach on any front, rear or side yard setback requirements and meets all other provisions of this chapter. Where the owner of a lot of substandard size owns adjacent lots or parcels of land, such lots or parcels shall be considered as a single lot, and area and yard space provisions of this chapter shall hold.
(3)
Cornices, eaves, chimneys and other projections. Cornices and eaves, chimneys and bay windows shall not project more than two feet over any required yard or court, except that no projection shall be closer than three feet to a lot line. Any projection over two feet shall be considered part of the principal building and shall conform to all setbacks.
(4)
Sills and ornamental or structural features. Sills, leaders, belt courses and similar ornamental or structural features shall not project more than six inches into any required yard or court.
(5)
Porches and entries. For the purposes of determining building setback, porches and entries, uncovered or covered, shall be considered as part of the principal building and shall not project into required yard areas if they are three feet or more in height.
(6)
Air conditioners. Central air conditioners and other outdoor similar mechanical devices shall be set back the same distance from property lines as principal buildings and shall be screened from neighboring properties and public rights-of-way.
(7)
More than one principal building on a lot. In the R-1 Low-Density Single-Family Residential and R-2 Medium-Density Single-Family Residential Districts and the B-1 Neighborhood Business Zone, no more than one principal building shall be permitted on a lot. Unless otherwise provided for in this chapter, the Planning Board shall determine the required distance between two or more buildings located on the same lot.
(8)
Chimneys; roof structures. Chimneys (other than chimneys for central heating plants), elevator penthouses, flues, ventilators, skylights, towers, bulkheads, water tanks or towers, cooling towers, and all other decorative features and necessary mechanical appurtenances and similar features usually carried above the roof level, but excluding telegraph, radio and television transmission or broadcasting antennas, shall be exempt from the height provisions of this chapter, provided that:
(a)
The aggregate area covered by all such features shall not exceed 15% of the area on the roof of the building of which they are a part.
(b)
The height of each such feature shall not exceed 15 feet or 30% of the permitted height, whichever is less, above the level of such roof.
(c)
All such features shall be screened from public view and shall be constructed, or enclosed within walls, of a material and design deemed by the Planning Board to be in harmony with that of the main walls of the building of which they are a part.
(9)
Decks. Decks located over pervious surfaces which have a nail spacing of at least 1/8 inch between floor boards shall not be counted as impervious surface cover for the purposes of determining lot coverage.
(10)
Accessory buildings or structures. Accessory buildings attached to a principal building shall comply with the setbacks of the principal building. Detached accessory buildings shall comply with the setbacks as permitted in each zone, except in no case shall the accessory building be located in the front yard. Accessory buildings or structures, when not attached to a principal building, shall be set back from the principal building at least eight feet for single-family residential uses, and at least 15 feet for all other uses.