South Plainfield City Zoning Code
ARTICLE V
General Regulations
§ 540-10 Applicability.
No building shall hereafter be erected, nor shall any existing building be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be designed or used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the schedule made a part of this chapter.[1] Nor shall any open space contiguous to any building be encroached upon or reduced in any manner except in conformity with the yard, lot area, building location, percentage of lot coverage, off-street parking requirements, and such other regulations designated in said schedule and in this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of this chapter, and the certificate of occupancy shall become void. No building permit shall be issued unless and until all requirements of §§ 540-12 and 540-20 have been complied with.
[1]
Editor's Note: The Schedule of General Requirements is included as an attachment to this chapter.
§ 540-11 Accessory structures.
An accessory structure attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory structures shall be located to the rear of the front building line of the principal building and shall conform to all yard requirements pertaining to accessory buildings as stated in the Schedule of General Requirements[1] and shall not exceed 15 feet in height.
[1]
Editor's Note: The Schedule of General Requirements is included as an attachment to this chapter.
§ 540-12 Frontage on public street.
A.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Borough's standards and accepted by the Borough. "Improved to meet the Borough's standards" shall mean improved in accordance with the standards set forth and described in Chapter 515, Development Review, of the Borough Code, specifically § 515-49C to I, which said standards are hereby incorporated by reference into this chapter.
B.
In determining the nature and extent of road improvements for single conforming lot building applications, the following standards shall apply:
(1)
Developed area: any area where 10% or less of the lots or portion of any lot within 300 feet of the conforming lot remains to be developed on that street.
(2)
Undeveloped area: an area where more than 10% of the lots or portion of any lot within 300 feet of the conforming lot remains to be developed on that street.
(3)
In developed areas, the adjacent street or streets shall be improved to such a degree as to bring about uniformity and continuity of the street; in undeveloped areas, the adjacent street or streets shall be improved to the Borough's standards as set forth above.
§ 540-13 Corner lots.
For the purpose of regulating the locations of buildings on corner lots and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
§ 540-14 Off-street parking.
Off-street parking space shall be provided as specified in Article VI and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be encroached upon or reduced in any manner. No sale of or display of goods shall be permitted in any parking space.
§ 540-15 Yards and open space.
No yard or open space required by the Schedule of General Requirements[1] shall be considered as providing a yard or open space for any other building. No sale or display of goods shall be permitted in any front yard or open area as shown on an approved site plan.
[1]
Editor's Note: The Schedule of General Requirements is included as an attachment to this chapter.
§ 540-16 Exceptions to height limitations.
The height limitations of this chapter shall not apply to the following, provided that it does not create any undue hazard:
A.
Chimneys.
B.
Church spires.
C.
Flagpoles.
D.
Antennas which shall not exceed 15 feet above the roofline.
E.
Any screened mechanical apertures required for the structure's HVAC system, provided that such equipment shall not cover more than 15% of the roof area.
§ 540-17 Fences, walls and hedges.
[Amended 2-3-2014 by Ord. No. 1996]
No wall, fence or hedge in a residential district shall be erected or altered so that said wall, fence or hedge shall be more than four feet in height in the required principal front yard, nor more than six feet high in the required side and rear or secondary front yard, starting from the front of the structure. Front yard fences shall be restricted to open mesh material with no slats and are required to meet the provision of § 540-18, Obstructions to vision at intersections. Fences in business and industrial zones shall not exceed 10 feet in height. No spite fences or walls shall be permitted. No material shall be used in any fence that would pose a safety hazard.
§ 540-18 Obstructions to vision at intersections.
At an intersection there shall be no obstruction of vision between a height of two feet and 10 feet above the center-line grade of the street within the clear sight triangle. The clear sight triangle shall be defined by the first 100 feet of the intersection center lines for local streets. In cases where one or more of the intersecting streets is not a local street, the following regulations shall apply:
A.
Where a local street intersects a minor collector, 100 feet on the local and 200 feet on the minor collector.
B.
Where a local or minor collector intersects a major collector or arterial, 100 feet on the local or minor collector and 350 feet on the major collector or arterial.
C.
Where a major collector or arterial intersects a major collector or arterial, 350 feet on each center line.
§ 540-19 Sewage disposal and water supply.
All buildings or uses shall be served by a public sanitary sewerage facility, and a public water supply shall be required. Any variance review from this requirement shall include a statement from the appropriate agency controlling sanitary sewer and/or public water connections that such requirement is not practicable due to specific site conditions. In cases where water is supplied by driven well and/or sanitary sewage is treated by a septic tank, such installations shall conform to the standard requirements of the Borough Board of Health and State Department of Health or other authority having jurisdiction thereof.
§ 540-20 Forming new lots on which there are existing buildings.
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner which shall not violate any provision of this chapter either with respect to any existing structures or uses or any proposed structures or uses.
§ 540-21 Irregularly shaped lots.
In the case of irregularly shaped lots, the minimum lot frontage shall be deemed satisfied if the mean horizontal distance between the side lot lines measured at right angle to its depth complies with the regulations as stated in the Schedule of General Requirements.[1]
[1]
Editor's Note: The Schedule of General Requirements is included as an attachment to this chapter.
§ 540-22 Displays and vending machines in front yards.
No structure or use shall display goods for sale purposes or coin-operated vending machines of any type in any location which would infringe upon the required front yard areas specified in this chapter or in any open area as shown on an approved site plan.
§ 540-23 Prohibited vehicles.
A.
Residential zones. No currently unregistered and/or uninspected motor vehicle or trailer shall be parked on any property in a residential district, and said vehicle shall not at any time be in a state of major disassembly or disrepair, nor shall it be in the process of being stripped or dismantled. A vehicle of any type shall not at any time undergo major overhaul, including body work, in a residential district unless such work is performed inside a structure or similarly enclosed area designed and approved for such purposes.
B.
Nonresidential zones. No currently unregistered and/or uninspected motor vehicles or trailers shall be permitted on any property in a nonresidential district, and any vehicle shall not at any time be in a state of major disassembly or disrepair, nor shall it be in the process of being stripped or dismantled. Exception: approved conditional uses.
§ 540-24 General regulations.
[Amended 5-14-1998 by Ord. No. 1483[1]]
This section provides general regulations for all planned residential development, senior citizen residential, mixed-use development, affordable housing, and special business zones (PRD-1, SC-1, MUD-1, AH-1, AH-2 and OBC-4).
A.
The purpose of these special regulations is to satisfy the Borough of South Plainfield's low- and moderate-income housing obligation.
B.
Applications for development.
(1)
Each application for development shall comply with all provisions of Chapter 504, Article I, Affordable Housing Provisions, of the Borough Code.
(2)
Each application for development subject to these provisions shall clearly state the number of low- and moderate-income units, as defined in Chapter 504, Article I, and each resolution of approval shall clearly state the number of low- and moderate-income units that are approved as part of the development.
(3)
In reviewing a development application for low- and moderate-income housing (an inclusionary development), the Planning Board/Board of Adjustment shall conduct its review in accordance with N.J.A.C. 5:93-10.1 et seq. In conducting its review, the Planning Board shall expedite its review by cooperating with developers of inclusionary developments in scheduling preapplication conferences and scheduling regular and special monthly meetings (as needed) that provide ample time to consider the merits of the application. The goal of such a schedule is to act on a development application within the time limits outlined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.). The Planning Board/Board of Adjustment shall cooperate with developers of inclusionary developments in granting reasonable variances necessary to construct the inclusionary development.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).
§ 540-25 Manufactured or modular housing.
[Added 5-14-1998 by Ord. No. 1483]
Manufactured housing, including modular, is permitted in all residential zones.
§ 540-26 Designation of residential units for sale or rent.
[Added 3-11-1999 by Ord. No. 1499[1]]
Each development application for development for multifamily residential development in all planned residential development, multifamily, senior citizen residential, and mixed-use development and affordable housing zones (PRD-1, SC-1, SC-2, MUD-1, AH-1 and AH-2) shall indicate whether the proposed individual dwelling units will be offered for sale or for rent. Any approval granted for multifamily residential development for which the applicant has indicated that the individual dwelling units shall be offered for sale shall not be amended to permit the individual dwelling units being offered for rent, unless the applicant files an amended application for development and receives an approval for the rental of the individual dwelling units.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 500, General Provisions, Art. I).
§ 540-27 Driveways in residential zones.
[Added 2-3-2014 by Ord. No. 1996]
Driveways in the R-15, R-10 and R-7.5 Zones shall be placed no closer than five feet to the side or rear boundary line of any residential property.
