Public Township Council Meeting — Packet

exterior design and appearance of dwellings erected in the same residential neighborhood tends to adversely affect the desirability of the immediate and neighboring areas for residential purposes and impairs existing residential property in such areas; tends to impair the value of both improved and unimproved real property in such areas with attendant deterioration or conditions affecting the health, safety and morals of the inhabitants and the Township at large; and tends to deprive the Township of tax revenue and destroys a proper balance between the taxable value of real property in such areas and the cost of municipal services provided therefor. It is the purpose of this subsection to prevent these and other harmful effects of uniformity in the design and appearance of dwellings erected in any subdivision or development in the same residential district and thus to promote and protect the health, safety, morals and general welfare of the community. a. Distance between Dwellings. Except as herein provided, no building permit shall be issued for any structure or residence to be erected in an R-1 through and including an R-4 District if the proposed dwelling is substantially alike in exterior design and appearance with any neighboring dwelling situated on the same or opposite sides of the street within one hundred ninety-nine (199) feet of a dwelling then in existence or for which a building permit has been issued or is pending; that no building permit shall be issued for any dwelling or residence to 37

DRAFT PROPOSED REVISIONS – OCTOBER 2011 be erected in an R-5, R-6 or R-T District if the proposed dwelling is substantially alike in exterior design and appearance with any neighboring dwellings situated on the same or opposite sides of the street within one hundred forty-nine (149) feet of a dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties. b. Dwelling Characteristics. Dwellings and residential buildings within such specified distance from each other shall be considered uniform in exterior design and appearance if they have any four (4) of the following characteristics: 1. The same basic roof design as it may affect the main roof ridge in length and height above the plate. All flat roofs shall be deemed identical in dimension above the plate. 2. The same basic dimensions and floor plans are used without substantial differentiation of the front elevation in texture and material. 3. The same basic dimensions and floor plans are used without substantial differentiation in setback. A setback with a difference of four (4) feet or more shall not be considered to be the same. 4. The same basic dimensions and floor plans are used without substantial differentiation in the front elevation in location, height and design of porches, if any. 5. The same basic dimensions and floor plans are used without substantial differentiation as it affects either the architectural design or locations of entrances, doors and windows. c. Lot Dimension Requirements. The Construction Official and/or Zoning Officer is directed to require, before the issuance of a building permit in any subdivision or part thereof approved by the Planning Board and Township Council prior to the adoption date of this ordinance, that the terms and conditions hereof shall be followed. d. Administration. The Construction Official and/or Zoning Officer shall be charged with the responsibility of administering and enforcing the provisions of this section and in the event a building permit is denied by the Construction Official, for reason that the

charged with the responsibility of administering and enforcing the provisions of this section and in the event a building permit is denied by the Construction Official, for reason that the proposed dwelling does not comply with the terms of this section, the reason for the denial shall be stated in writing. (Ord. No. 904-88 § 25-5.3G) 25-9.8 Minimum Residential Floor Area. The requirements contained in this section are designed to promote and protect the public health, to prevent overcrowded living conditions, to guard against the development of substandard neighborhoods, to conserve established property values and to contribute to the general welfare. a. Minimum Schedules. Every dwelling or residence building, other than a hotel, erected or remodelledremodeled to accommodate additional families shall provide a minimum residential living area per family unit on finished floors, in conformity with the following schedules for specific types of residence buildings in the various districts. The minimum stipulated herein shall be deemed to be exclusive of porches, breezeways, garage area, basement, cellar areas and laundry rooms; that in the case of a dwelling with living accommodations on two (2) or more levels, commonly known as a split level or bi-level, any room, the floor of which averages more than two (2) feet below the outside ground level, shall not be considered as part of the residential living area. 1. One story one-family dwelling: R-1 District 2,200 square feet R-2 District 1,800 square feet 38

DRAFT PROPOSED REVISIONS – OCTOBER 2011 R-3 District 1,500 square feet R-3AH District 1,500 square feet R-4 District 1,400 square feet R-5 District 1,300 square feet R-6 District 1,000 square feet I-B District 1,500 square feet 2. One and one-half (1 1/2) story one-family dwelling, with unfinished attic floor: R-1 District 2,200 square feet R-2 District 1,800 square feet R-3 District 1,500 square feet R-3AH District 1,500 square feet R-4 District 1,400 square feet R-5 District 1,300 square feet R-6 District 1,000 square feet I-B District 1,500 square feet 3. One and one-half (1 1/2) one-family dwelling, with finished attic floor: R-1 District 3,000 square feet R-2 District 2,500 square feet R-3 District 2,200 square feet R-3AH District 2,200 square feet R-4 District 2,200 square feet R-5 District 1,500 square feet R-6 District 1,450 square feet I-B District 2,200 square feet 4. Two (2) story one-family dwelling, with unfinished second story: R-1 District 2,200 square feet R-2 District 1,700 square feet R-3 District 1,400 square feet R-3AH District 1,400 square feet R-4 District 1,400 square feet R-5 District 1,300 square feet R-6 District 1,000 square feet I-B District 1,500 square feet 5. Two (2) story one-family dwelling with finished second floor: R-1 District 3,000 square feet R-2 District 2,500 square feet R-3 District 2,200 square feet R-3AH District 2,200 square feet R-4 District 2,200 square feet R-5 District 1,600 square feet

2,200 square feet R-3AH District 2,200 square feet R-4 District 2,200 square feet R-5 District 1,600 square feet R-6 District 1,450 square feet I-B District 2,200 square feet 6. One-family dwelling, more than two (2) stories in height: R-1 District 3,000 square feet R-2 District 2,500 square feet R-3 District 2,200 square feet R-3AH District 2,200 square feet R-4 District 2,200 square feet R-5 District 1,600 square feet 39

DRAFT PROPOSED REVISIONS – OCTOBER 2011 R-6 District 1,450 square feet I-B District 2,200 square feet 7. Two-family dwellings: R-T District 1,100 square feet per familyunit R-M District 1,100 square feet per familyunit I-B District 1,100 square feet per familyunit 8. Twin dwelling: R-T District 1,100 square feet per familyunit R-M District 1,100 square feet per familyunit I-B District 1,100 square feet per familyunit 9. Apartment houseMulti-family residence/garden apartment dwelling unit: Efficiency Apartments 600 square feet One Bedroom Apartments 800 square feet Two Bedroom Apartments 1,000 square feet Three Bedroom Apartments 1,100 square feet 10. Apartment dwelling unit: Efficiency Apartments 600 square feet One Bedroom Apartments 800 square feet Two Bedroom Apartments 1,000 square feet Three Bedroom Apartments 1,100 square feet Comment [PG37]: addressed above Any rooms other than those designated or to be designated as living room/one bedroom combination, kitchen and bath in garden apartment shall be considered for the purposes of this chapter as bedrooms. 101. A dwelling with living accommodations on two (2) or more levels, commonly known as a split level or bi-level: R-1 District 3,000 square feet R-2 District 2,500 square feet R-3 District 2,200 square feet R-4 District 2,100 square feet R-5 District 1,800 square feet R-6 District 1,500 square feet 112. Senior Citizen Housing Apartments: One Bedroom Apartments 515 square feet Two Bedroom Apartments 780 square feet 13. Loft: I-B District 1,500 square feet

One Bedroom Apartments 515 square feet Two Bedroom Apartments 780 square feet 13. Loft: I-B District 1,500 square feet Comment [PG38]: zone and use no longer exist b. Applicability. This paragraph shall only affect dwellings or buildings to be erected or remodeled on any lot or parcel which shall become part of any subdivision, approved by the Planning Board after the adoption date of this ordinance. Any lot or parcel presently appearing on the tax maps of the Township or appearing on any map or plat heretofore approved, the minimum requirements as to house sizes existing at the time of the amendment shall prevail. (Ord. No. 904-88 § 25-5.3H; Ord. No. 1144-92; Ord. No. 1227-93; Ord. No. 1337-95 § 12) 40

DRAFT PROPOSED REVISIONS – OCTOBER 2011 25-9.9 Home Occupations. No home occupation may be conducted in a legal owner-occupied one (1) family residence unless the following conditions are met: a. A simplified site plan indicating the location of the use on the premises within the principal structure and written description of the occupation to be conducted shall be submitted to the Technical Review Committee of the Planning Board for approval. A Certificate of Continued Occupancy, Certificate of Occupancy, or Certificate of Habitability shall be required for home occupations. b. The proposed activity shall comply with the following: 1. Only one such activity shall be permitted on the premises within the principal structure; and such use must not be in incompatible with or disturb the adjacent residential neighborhood. 2. The activity shall be conducted solely by a person or persons, and members of his/her immediate family, all of whom shall be residing full-time and permanently on the premises, and by no other person or persons living off the premises. 3. Not more than twelve and one-half (12.5%) percent or one-eighth (1/8) of the total floor area of the principal structure shall be used for such activity. 4. No display or advertising of products or services shall be visible from outside of the principal structure in which the activity takes place. 5. No outside storage any way related to the activity shall be visible from outside of the principal structure in which the activity takes place. 6. No pick-up or delivery or materials to or from the premises in which the activity takes place shall be made, except by private passenger vehicle, licensed package delivery service, or US Postal Service. 7. The activity, including deliveries as described in paragraph 6, shall be conducted only between the hours of 8:00 a.m. and 8:00 p.m. 8. The activity shall not give rise of the need for on-street parking which shall interfere with the residential parking on the street adjacent to the principal structure in which the activity is permitted. c. The following activities related to home occupations are prohibited: 1. Any activity which

n the street adjacent to the principal structure in which the activity is permitted. c. The following activities related to home occupations are prohibited: 1. Any activity which creates noise, smells or sights, which are ascertainable outside of the principal structure in which the activity takes place; 2. Any activity which causes interference with electrical or electronic equipment off the premises in which the activity takes place; 3. A retail or wholesale salesroom(s) or showroom(s); 4. Any activity which involves the use or storage of hazardous materials as defined by law. (Ord. No. 904-88 § 25-5.3I; Ord. No. 1140-92 § 1) 25-9.10 Home Professional Office. Comment [PG39]: section moved from definitions A home professional office must meet the following conditions: a. The home must be located on one of the following streets or roadways: Pleasant Valley Way, Mount Pleasant Avenue, State Highway 10, Northfield Avenue, Main Street, Prospect Avenue, Gregory Avenue, Old Short Hills Road, Eagle Rock Avenue, Park Avenue, Washington Street, Harrison Avenue, Valley Road or South Valley Road. 41

DRAFT PROPOSED REVISIONS – OCTOBER 2011 b. The professional use must be located on the entry level, and shall not occupy (i) more than fifty (50%) percent of the entry level and (ii) shall not exceed one thousand (1,000) square feet. c. A site plan indicating the part of the premises, with square footage, to be used shall be submitted to the Technical Review Committee of the Planning Board for approval. A Certificate of Continued Occupancy, or Certificate of Occupancy, shall be required. Amended site plan approval and a new Certificate shall be required for any change of the profession practiced on the premises. d. The applicant shall submit evidence that he or she has the degree, certificate or license of the profession for which the premises are to be used. e. Not more than three (3) people, including the resident of the home and staff, can work in the professional activity on the premises. f. A sufficient number of spaces shall be provided for off-street parking for residents of the home and staff personnel. g. A name plate, not exceeding one (1) square foot in area, may be used after obtaining a sign permit from the Planning Department. No interior illuminated lighting in the sign shall be permitted; and only the name of the professional and the profession shall appear on the sign which shall be within the property lines not more than five (5) feet high, and shall be located within the property lines of the site. No signs shall be posted in windows. h. If a home is located on a corner lot, and one of the adjacent streets is listed in paragraph a, a home professional office, otherwise subject to the requirements of this ordinance is permitted. 25-9.11 Portable Storage Containers. Comment [PG40]: new regulations The use of portable storage containers is permitted on a temporary basis and must meet the following conditions: a. Portable storage containers shall be placed on property within a residential zone for no more than 30 days unless used in conjunction with a construction permit, in which event, it shall be permitted to remain for