Township of Parsippany-Troy Hills, NJ Chapter 109 Buildings, Similarity of

[HISTORY: Adopted by the Township Council of the Township of Parsippany-Troy Hills 10-28-1986 by Ord. No. 86:72 as Sec. 10-4 of the 1986 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Numbering of buildings — See Ch. 105.

Uniform construction codes — See Ch. 124.

§ 109-1 Findings.

The Township Council hereby finds that excessive uniformity or similarity in the exterior design and appearance of buildings erected in the same residential neighborhood for occupancy as dwellings for single families adversely affects the desirability of immediate and neighboring areas for residence purposes and by so doing impairs the benefits of occupancy of existing residential property in such areas, impairs the stability and value of both improved and unimproved real property in such areas, prevents the most appropriate use of such real property, prevents the most appropriate development of such areas, produces degeneration of residential property in such areas, deprives the Township of tax revenue which it otherwise could receive and destroys a proper balance in relationship between the taxable value of real property in such areas and the costs of the municipal services provided therefor and for some or all of these reasons results in a substantial depreciation in the property values of the neighborhood. It is the purpose of this chapter to prevent these and other harmful effects of excessive uniformity or similarity in the exterior design and appearance of buildings erected in the same residential neighborhood for occupancy as dwellings for single families and thus to promote the general welfare of the community.

§ 109-2 Similarity prohibited.

A. Except as provided herein, no building permit shall be issued under the State Uniform Construction Code of the Township[1] for the erection, relocation or exterior alteration of any building for occupancy as a dwelling for a single family if it is or will be made or become similar or substantially similar to any neighboring building, as hereinafter defined, then in existence or for which a building permit has been issued, in more than three of the following respects:

(1) Substantially identical facade.

(2) Height of the main roof ridge or, in the case of a building with a flat roof, the highest point of the roof beams above the elevation of the first floor.

(3) Height of the main roof ridge above the top of the plate. (All flat roofs shall be deemed identical in this dimension.)

(4) Length of the main roof ridge or, in the case of a building with a flat roof, length of the main roof.

(5) Width between outside walls at the end of the building measured under the main roof at right angles to the length thereof.

(6) Relative location of windows in the front elevation or in each of both side elevations with respect to each other and with respect to any door, chimney, porch or attached garage in the same elevation.

(7) In the front elevation, both:

(a) Relative location with respect to each other of the garage if attached, and porch if any, and the remainder of the building; and

(b) Either the height of any portion of the building located outside the limits of the main roof, as measured from the elevation of the first floor to the roof ridge or in the case of a flat roof the highest point of the roof beams, or the width of said portion of the building if it has a gable in the front elevation; otherwise, the length of said roof ridge or said flat roof in the front elevation.

[1] Editor's Note: See Ch. 124, Construction Codes, Uniform.

B. Buildings shall be deemed to be similar to each other in any dimension with respect to which the difference between them is not more than two feet. Buildings between which the only difference in relative location of elements is an end-to-end or side-to-side reversal of elements shall be deemed to be similar to each other in relative location of such elements.

§ 109-3 Determining neighboring buildings.

In relation to the premises with respect to which the permit is sought, a building shall be deemed to be a neighboring building if the lot upon which it or any part of it has been or will be erected is any one of the following lots as shown on the Tax Map of the Township:

A. Any lot on the street upon which the building to be erected on the premises would front which is the first or the second lot next along the street in either direction from the premises, without regard to intervening street lines.

B. Any lot any part of the street line frontage of which is across such street from the premises or from a lot referred to in Subsection A of this section.

C. Any lot any part of the street line frontage of which faces the end of and is within the width of another street if there are less than two lots between the premises and the end of the other street.

D. Any lot on another street which adjoins the premises.

E. Any lot any part of the street line frontage of which is across another street from the premises or from a lot referred to in Subsection D of this section; provided, however, that notwithstanding any of the foregoing provisions of this section, no building shall be deemed to be a neighboring building in relation to the premises if its rear elevation faces the street upon which the building which is to be erected on the premises would front. It is further provided that the site plan for each building must show a front setback varying at least five feet from the building on either adjoining property.

§ 109-4 Drawings required with application.

An applicant for a building permit for the erection, relocation or exterior alteration of any building for occupancy as a dwelling for a single family shall submit, as a part of the application, drawings showing the design of the exterior appearance of such proposed structure.

§ 109-5 Notice of violation.

In any case in which the Township Construction Official shall deny an application for a building permit solely or partly because of a supposed violation of the provisions of § 109-3, he shall promptly send to the applicant, by prepaid mail, addressed to the address of the applicant set forth in the application, a notice of his action which shall specify the ground or grounds upon which the same is based.

§ 109-6 Administrative review of Construction Official action.

Insofar as it relates to the provisions of § 109-4 of this chapter, action by the Construction Official shall be subject to administrative review only upon an appeal to the Morris County Construction Board of Appeals duly taken under § 109-7.

§ 109-7 Appeal of decision.

Any person aggrieved by action of the Construction Official in denying an application for a building permit solely or partly because of a supposed violation of the provisions of § 109-3 and any interested person who claims that action of the Construction Official in granting an application for a building permit violates such provision may take an appeal therefrom to the Morris County Construction Board of Appeals by filing a notice of appeal, which shall specify the grounds thereof, with the Construction Official and with the Morris County Construction Board of Appeals within 15 days from the date on which such action was taken. Upon receipt of such notice of appeal, the Construction Official shall forthwith transmit to the Morris County Construction Board of Appeals all of the papers constituting the record upon which the action appealed from was taken, and such appeal shall be heard by the Morris County Construction Board of Appeals in accordance with the provisions of law governing the hearing of appeals by such Board.