Washington Township
City Zoning Code
City Zoning Code
ARTICLE XXIX
General Regulations
§ 285-181 Pedestrianways.
In order to promote public safety, a primary design criterion shall be the separation of pedestrian traffic and vehicular traffic. To this end, developments shall be designed, wherever feasible, to provide for pedestrian walkways separated from vehicular use streets and to promote pedestrian access between residential areas, schools, shopping locations and the like. The location, width and construction of such walkways shall be subject to the approval of the Planning Board and the Township Engineer. Pedestrianways and lighting shall be constructed where required and installed prior to occupancy. Grade separated pedestrian crossings shall be provided across roads at points required by the Planning Board.
§ 285-182 Uses prohibited in all districts.
A.
No building may be erected, altered or used, and no lot or premises may be used, for any use which is likely to create conditions of hazard, smoke fumes, noise, odor or dust or other noxious or offensive conditions detrimental to the health, safety or general welfare of the surrounding area. All uses shall be subject to such fire safety conditions as are approved by the Building Inspector. In determining whether a proposed use is noxious, hazardous or offensive, the following standards shall apply. The proposed operation shall not:
(1)
Constitute a public nuisance beyond the boundary of the site on which the use is located by reason of dissemination of noxious, toxic or corrosive fumes, smoke, odor or dust.
(2)
Result in noise or vibration exceeding the average intensity of noise or vibration occurring from other causes at the boundary line of the site on which the use is located.
(3)
Endanger surrounding areas by reason of fire or explosion.
(4)
Produce objectionable heat or glare.
(5)
Result in electrical disturbances in nearby residences.
(6)
Contribute to the pollution of waters.
(7)
Create an objectionable traffic condition on the street or in an adjacent area.
(8)
Create any other objectionable condition in an adjoining area which will endanger public health and safety or be detrimental to the proper use of the surrounding area.
B.
Obscene materials and film.
(1)
No building may be erected, altered or used, and no lot or premises may be used, for any use prohibited by N.J.S.A. 2C:34-2 or N.J.S.A. 2C:34-3. In determining whether a proposed use is detrimental to the health, safety or general welfare of the surrounding area, the following standards shall apply. The proposed operation shall not be used for:
(2)
For the purpose of this subsection, those activities defined as "obscene material" and prohibited by N.J.S.A. 2C:34-2 or 2C:34-3 are hereby deemed to be prohibited activities; and likewise for the purpose of this subsection, the definition of "obscene material" herein shall be that definition set forth in N.J.S.A. 2C:34-2 for the sale or distribution of obscene material to a person 18 years of age or older and N.J.S.A. 2C:34-3 for the sale, distribution or exhibition of obscene material to a person under the age of 18.
§ 285-183 Use of undeveloped areas for agricultural purposes.
In any district those areas undeveloped or unimproved may be used for agricultural purposes until such areas are developed and improved.
§ 285-184 Visibility at intersections.
On the corner lot, or at any point of entry on a public road, nothing shall be erected, placed, planted or allowed to grow in a manner which obscures the vision above the height of 2 1/2 feet, measured from the center line of the intersecting streets or driveways and within the area bounded by the street lines 100 feet from their intersection along the lot lines.
§ 285-185 Conversion into two- or multiple-family dwellings.
The Zoning Board of Adjustment may approve the conversion of any existing dwelling into a two-family or multiple-family dwelling in any residential, rural or commercial district, provided that the lot area per family shall not be reduced thereby to less than 1/2 the lot area required per family for the district in which such lot is situated. The Zoning Board of Adjustment may prescribe such further conditions with respect to the conversion and use of such building as is deemed appropriate.
§ 285-186 Swimming pools.
A.
Classification. Any swimming pool other than a private swimming pool shall be classified as a public or semipublic swimming pool.
B.
Applicability. All pools hereinafter erected shall be subject to the regulation of this section.
C.
Compliance with provisions required. It shall be unlawful for any person to construct, install or create a swimming pool in the Township without first having complied with the provisions of this section and all other regulations of the Township.
D.
Permits. No swimming pool shall be hereafter constructed without a permit. Applications for such a permit, accompanied by four sets of plans and specifications or proper descriptive brochure, shall be made to the Zoning Officer. The Zoning Officer shall not pass on the structural features or durability of the pool but shall issue a permit for the construction or installation of the pool if the plans and specifications or descriptive brochure comply with the rules and regulations hereinafter set forth. In the event that the Board of Health shall formulate rules and regulations designed for the control of such pools, the Zoning Officer shall not issue a permit until approval has been received from the Board of Health. The swimming pool permit is not a substitute or replacement for a building permit. Any pool construction which comes under the Building Code shall continue to require a building permit.
E.
Location and distance requirements.
(1)
A swimming pool of a permanent or stationary type of construction shall not be constructed, installed or located within 10 feet of any property line or building nor nearer any street line upon which the residence fronts than the existing setback line of such residence building, but in no case, regardless of the building setback line, shall a pool be located less than 30 feet from the front street line. Aboveground pools shall be measured from the furthest extremity of the pool structure.
[Amended 6-28-2023 by Ord. No. 11-2023]
(2)
A swimming pool shall not be constructed, installed or located on any land unless a residence building is also located thereon.
F.
Protective enclosure.
(1)
Every such pool shall be fully enclosed by a suitable fence with a gate capable of being locked when the pool is not in use. All gates and doors must have a self-latching device for keeping doors and gates closed securely. Such fences shall have a minimum height of four feet; if a woven fence, a mesh so that openings will not exceed two inches by two inches, or standard chain-link fence or Cyclone fence; or if other, a maximum distance between pickets of two inches. An accessory building may be used as part of such enclosure.
(2)
All aboveground pools 24 inches or more in depth, which have a decking consisting of a rail or fencing two feet or more in height above the deck with a foldup safety ladder when not in use, shall be considered as being in compliance with the protective enclosure requirements. All aboveground pools not meeting these requirements shall have a protective enclosure around the entire pool as provided for in this section.
G.
Lighting. No artificial lighting shall be maintained or operated in connection with private swimming pools in such a manner as to be a nuisance or annoyance to neighboring properties, and any underwater lighting facilities shall be installed in accordance with the Standards of the National Board of Fire Underwriters as set forth in the 1962 National Electric Code, Sections 680-1 to 680-10, inclusive.
§ 285-187 Height regulations.
A.
Residence districts. In the residence districts, no building or structure, unless it shall be a church or school, shall exceed three stories, with a maximum height of 35 feet.
B.
Exceptions. The provisions of these regulations with respect to heights shall not apply to church spires, cupolas, silos, grandstands, chimneys, flagpoles, radio aerials and television antennas, and their supports, or, if not occupying an area greater than 25% of the ground area covered by the main building, to domes, ornamental towers, observation towers, water towers, hose towers and water tanks.
§ 285-188 Accessory structure standards.
[Amended 12-12-2012 by Ord. No. 15-2012]
A.
Unless otherwise noted within this chapter, all utility sheds and accessory structures shall conform to the required side yard setbacks.
B.
Accessory structures shall not be permitted within front yard areas.
C.
Utility sheds shall have a minimum rear yard setback of 10 feet except for residential uses, which shall have a rear yard setback of three feet and a side yard setback of three feet.
[Amended 5-22-2013 by Ord. No. 13-2013; 5-23-2018 by Ord. No. 10-2018; 6-28-2023 by Ord. No. 11-2023]
D.
Trash enclosures shall have a minimum side and rear yard setback of 20 feet.
E.
The maximum height of accessory structures shall be 16 feet, unless otherwise specified in this chapter.
F.
Accessory structures shall conform to all other applicable standards of this chapter.
§ 285-189 Private garages.
A.
A private garage in a residential district shall be permitted only when used as an accessory building to a dwelling on the same lot. A private garage may be either a separate building or it may be attached to or be an integral part of the dwelling to which it is accessory. An attached private garage shall include a garage attached to a residence by a permanent breezeway not more than 15 feet long.
B.
Side yards for garages attached to homes at the rear line shall conform to the yard requirements of the applicable district.
C.
All garages on corner lots must maintain the side yards stipulated in the applicable district, except that garages must be set back the same as the dwellings located on adjacent lots.
D.
All living units are prohibited over or attached to garages, except those garages attached to residential dwellings other than by a breezeway.
E.
Freestanding garages shall have side yards that conform to the applicable district. Rear yards shall not be less than 10 feet.
§ 285-190 Keeping of livestock.
The keeping of livestock shall be permitted only in the Rural, Commercial Industrial and Planned Industrial Districts.
§ 285-191 Satellite earth stations.
A satellite earth station, commonly referred to as a dish antenna, including any structural supports, is permitted in all zones subject to the following specifications and standards:
A.
A dish antenna is only permitted as an accessory use on a lot that contains a principal structure.
B.
A dish antenna installed as a freestanding structure is only permitted in a rear yard.
C.
Rooftop, side or corner of any residential or commercial building is permitted, conditioned upon said dish having a diameter of 24 inches or less from outside edge to outside edge.
[Amended 9-22-2005 by Ord. No. 20-2005]
D.
A dish antenna shall not be closer to the rear property line or any side property line than the height of such antenna or the setback requirement for the principal structure on the lot, whichever results in the greatest setback.
E.
A dish antenna shall not have a diameter, from outside edge to outside edge, in excess of 10 feet.
F.
No freestanding dish antenna shall exceed a height of 13 feet to its highest point.
G.
A building permit is required prior to the installation of any dish antenna that exceeds 24 inches in diameter. No building permit is required for the installation of a dish antenna having a diameter of 24 inches or less.
[Amended 9-22-2005 by Ord. No. 20-2005]
H.
No lot may contain more than one dish antenna that exceeds 24 inches in diameter.
[Amended 9-22-2005 by Ord. No. 20-2005]
§ 285-192 Accessory residential uses.
[Amended 10-25-2023 by Ord. No. 26-2023]
A home occupation may be permitted as an accessory use and shall adhere to the minimum standards of a particular zone and shall also meet the following criteria:
A.
The use shall be one which is customarily incidental to the use of the premises as a dwelling and subordinate to the residential use of the property.
B.
No person other than the members of the family residing on the premises shall be engaged in the home occupation/professional office, except there may be no more than one nonresident employee on site.
C.
The home occupation/professional office shall be conducted entirely within the principal structure or within an accessory structure, and not more than 25% of the gross floor area of the principal structure.
D.
No displays of articles for sale shall be visible from the street. There shall be no outdoor storage or display of materials, products, or equipment.
E.
The home occupation shall primarily be conducted by mail, computer media, telephone, or similar means and shall not generate traffic caused by clients or customers visiting the premises.
F.
There shall be no external change to the premises or its structures. The residential character of the site shall not be changed.
G.
No hazardous material shall be left on the premises, not including cleaning materials routinely found in residential units.
H.
There shall be no nuisance element detectable beyond the principal structure in connection with the home occupation.
I.
No mechanical equipment may be used except that which is normally used for purely domestic or household purposes.
J.
No goods, chattels, materials, supplies or items of any kind shall be delivered either to or from the premises in connection with the home occupation, other than deliveries normally made by courier or mail delivery.
K.
No more than one vehicle, which shall not exceed 7,000 pounds registered vehicle weight, which is associated with the home occupation, shall be stored at the subject residence and shall be stored off street.
L.
In no case shall any home occupation require parking to occur on the adjacent residential streets.
§ 285-193 Construction trailers.
All construction trailers shall be removed not later than 90 days following the issuance of the last certificate of occupancy in the project.
§ 285-194 Corner lots.
The owner of a corner lot, when first applying for a building permit, shall designate which of the two streets is to be the principal frontage for the purpose of establishing the front, rear and side yard requirements of the lot.
§ 285-195 Area and bulk regulation standards for all districts.
The following shall apply to all districts:
A.
A sketch plan graphically depicting the terms used in bulk and area regulations is on file in the Planning/Zoning Office.
[Amended 3-12-2003 by Ord. No. 4-2003]
B.
No lot use shall have erected upon it more than one residential building or one primary use, except as otherwise specifically authorized in this chapter.[1]
[Added 10-27-2010 by Ord. No. 23-2010]
[1]
Editor's Note: Former Subsection B, regarding wetlands, floodplains, and flood hazard areas not being used in the calculations of minimum lot size, was repealed 7-23-2003 by Ord. No. 8-2003.
C.
Wetland buffers may not be part of minimum yard areas, but may be part of minimum lot size.
D.
All required yard areas shall be free and clear of all restrictions which would limit the use of such yard areas with the exception of utility easement lines.
§ 285-195.1 Setback exceptions for wheelchair ramps.
[Added 2-8-2012 by Ord. No. 1-2012]
The Zoning Officer may authorize installation of a wheelchair ramp within a required setback in compliance with the following criteria:
A.
The applicant has submitted a letter from a licensed physician specifying that the wheelchair ramp is necessary to accommodate a resident of the property.
B.
The wheelchair ramp shall be designed so as to encroach into the required setback the minimum distance feasible.
C.
The wheelchair ramp shall not encroach into any recorded easement or into the public right-of-way.
D.
The encroachment into the required setback shall be removed when the individual requiring the wheelchair ramp no longer resides on the property or the wheelchair ramp is no longer required.
E.
The wheelchair ramp shall be designed and constructed in accordance with the applicable provisions of the Americans with Disabilities Act (ADA).