A.
Continuance. Except as otherwise provided herein,
lawful structures or lawful uses existing on the effective date of
this chapter or a subsequent amendment thereto may be continued even
though such structure or use does not comply with the regulations
specified by this chapter or the amendment thereto for the zone in
which such structure or use is located; provided, however, that:
B.
Abandonment. A nonconforming use that has been abandoned
shall not thereafter be reinstated. A nonconforming use shall be adjudged
to have been abandoned:
(1)
When it is changed to a conforming use.
(2)
In cases where such nonconforming use is of a building
or structure designed for such use when it has been voluntarily discontinued
for a period of 24 consecutive months.
(3)
In cases where such nonconforming use is of a building
or structure not designed for such use, or is of a lot or land whereon
there is no consequential building or structure devoted to such use,
when it has been voluntarily discontinued for a period of 12 consecutive
months.
C.
Restoration. If a nonconforming structure or use is
partially destroyed, by any cause whatsoever, to an extent of 50%
or more, it shall not be rebuilt or reestablished except in conformity
with the regulations of the zone in which it is located. For purposes
of determining extent of destruction, basements and cellars shall
be excluded.
D.
Waiver. Nothing in this chapter shall prevent the
strengthening or restoring to a safe condition any wall, floor or
roof which has been declared unsafe by the Construction Official or
other competent legal authority having jurisdiction. A nonconforming
structure may be repaired or refurbished but not enlarged or extended.[1]
E.
Unlawful uses. No unlawful structure or unlawful use
of a building or structure, lot or land existing at the effective
date of this chapter shall be deemed to be a nonconforming structure
or use.
A.
Existing natural features, such as trees, brooks,
drainage channels and views, shall be retained. Whenever such features
interfere with the proposed use of such property, a retention of the
maximum amount of such features consistent with the use of the property
shall be required.
B.
Streams and streambeds. No structure shall be built
on a lot any side of which fronts on a natural watercourse unless
a permit or certificate of exemption has been issued by the New Jersey
Department of Environmental Protection or its successor agency as
required by the Flood Hazard Area Control Act (N.J.S.A. 58:16A-50
et seq.).[1]
C.
Topsoil. No person, firm or corporation shall strip,
excavate or otherwise remove topsoil for other than reuse on the same
lot.
A.
Buffer strips. Wherever a buffer strip has been specified
by this chapter, or as may be required by the Land Use Board or governing
body, such buffer strip shall be of the width so specified or required
and shall:
(1)
Be landscaped by the planting of grass and/or ground
cover, shrubs and trees. Two shrubs and one tree shall be provided
for each 500 square feet of area, or fraction thereof, of the buffer
strip. If the buffer strip is naturally wooded in its entire width,
it shall remain in its natural condition in place of the required
shrubs and trees.
(2)
Not contain parking area or driveways, unless specifically
permitted elsewhere in this chapter, or other accessory structures
or uses except for decorative purposes or passive recreational purposes.
B.
Screening. Wherever screening has been specified by
this chapter, or as may be required by the Land Use Board, such screening,
unless otherwise required, shall extend to the lesser of the required
minimum front yard setbacks of the lots to be screened and shall,
as a minimum, consist of dense hedges or deciduous trees and at least
50% evergreen shrubbery, planted at 30 inches on center in a single
row or at five feet on center in each of two staggered rows, provided
that if all evergreens are used, they may be planted at five feet
on center in a single row or at 10 feet on center in each of two staggered
rows. Plants shall be a minimum of six feet tall at the time of planting,
or, if the Land Use Board so approves:
C.
Landscaping. All areas of any lot not occupied by
buildings, pavement or other surfacing or otherwise improved or used
in accordance with an approved site plan or subdivision shall be landscaped
by the planting of grass and/or ground cover, shrubs and trees. As
a minimum, one tree shall be provided or remain existing for each
5,000 square feet of area or fraction thereof to which this requirement
applies. The placement of the plant material shall be appropriate
to enhancement of the property. Continuous maintenance shall be practiced
on all such areas.
A.
Only one single-family dwelling unit per lot. No lot
shall have erected upon it more than one detached single-family dwelling
unit.
B.
Provision of yard space. No yard or other open space
provided about any structure for the purpose of complying with the
provisions of this chapter shall be considered to provide a yard or
open space for any other structure.
C.
Required areas on lot to be in zone where required.
All yards, open space, off-street parking areas and required buffer
strips must be contained within the zone in which the use to be served
thereby is permitted.
D.
Street frontage required. Primary structures shall
be built only upon lots having frontage upon a street improved to
meet the Township's requirements.
E.
Yards affected by Master Plan or Official Map. Where
a lot has frontage on a street which the Master Plan or the Official
Map of the Township indicates is proposed for right-of-way widening,
the required yard area shall be measured from the proposed street
line.
F.
Yards affected by building line ordinance. Where a
lot has frontage on a street for which the Township has imposed a
building line ordinance requiring a greater setback than the minimum
front yard depth, or than the minimum side yard width on the side
street frontage of a corner lot, each as required by this chapter,
the provisions of such building line ordinance shall govern.
G.
Front yard modifications. In any residential zone,
in lieu of the minimum front yard depths required by this chapter,
when 25% of the block frontage within 200 feet of a proposed building
is already improved with the buildings, the front yard depth at the
front of a proposed building:
(1)
Shall conform to the average alignment of the two
nearest buildings within such 200 feet in cases where such average
alignment exceeds the minimum front yard depth required in the zone
within which such proposed building is situated; provided, however,
that in no case shall the depth of such front yard be required to
exceed such minimum depth by more than 10 feet.
(2)
May conform to the average alignment of the two nearest
buildings within such 200 feet in cases where such average alignment
is less than the minimum front yard depth required in the zone within
which such proposed building is situated; provided, however, that
in no case shall such front yard have a depth of less than 30 feet,
except in the R-10 and R-10-MH Zone where such front yard shall have
a depth of not less than 15 feet.
H.
Corner lots and through lots. Where a lot has frontage
on two intersecting streets or where a lot extends through from street
to street, the applicable front yard regulations shall apply on both
street frontages.
(1)
Detached accessory buildings shall be located at the
rear of the front building line of the primary building and shall
conform to the side and rear yard requirements of this chapter for
the zone as applicable.
(2)
No private garage or other accessory building in any
zone, if detached, shall be placed within 10 feet of the main building.
I.
Attached garages. Nothing contained herein shall prevent
the construction of a private garage as a structural part of a main
dwelling, provided that, when so constructed, the garage walls shall
be regarded as the walls of the main dwelling in applying the front,
rear and side yard regulations of this chapter.
J.
Open and unobstructed yards.
(1)
The space in a required front yard shall be open and
unobstructed above ground level except for:
(a)
Steps giving access to a porch or first floor
entry door.
(b)
Other projections specifically authorized in § 340-23J(2).
(2)
Every part of a required yard shall be open to the
sky unobstructed except for accessory buildings and except for the
ordinary projection of sills and belt courses, and except for ornamental
features projecting not more than four inches and cornices and eaves
projecting not more than two feet.
K.
Parking or storage in front yards. The parking or
storage of boats, vehicles except passenger cars, or other equipment
in a required front yard is prohibited unless otherwise required or
permitted by the off-street parking regulations of this chapter.
L.
Display of goods for sale in yards. The display of
goods for sale or the location of coin-operated vending machines of
any type in a manner which would infringe upon the required yard areas
specified in this chapter is prohibited.
M.
Commercial vehicles parked in residence zones. No
commercial tractor trailer shall be parked out of doors overnight
or on Sunday in any residential zone. Not more than one commercial
vehicle may be garaged on a lot in a residential zone.
[Amended 11-15-1984 by Ord. No. 84-9[1]]
[1]
Editor's Note: This ordinance also provided
that it be retroactive to June 1, 1984.
N.
Corner clearance. On a corner lot, within the triangular
area determined as provided in this section, no wall or fence or other
structure shall be erected which would obstruct the view, to a height
in excess of one foot, and no vehicle, object or any other obstruction
of a height in excess of one foot shall be parked or placed, and no
hedge, shrub or other growth shall be maintained at a height in excess
of one foot, except that trees whose branches are trimmed away to
a height of at least 10 feet above the curb level shall be permitted.
Such triangular area shall be determined by the intersection of street
curblines and a diagonal connecting two points, one on each street
center line. The point on the major (through) street curbline shall
be in accordance with the table below from the near side minor (stop)
street curbline, and the point on the minor street curbline shall
be 30 feet from the near side major street curbline.
|
Major Street Distance Design
| ||
|---|---|---|
|
Speed
(miles per hour)
|
Distance
(feet)
| |
|
30 or less
|
200
| |
|
40
|
275
| |
|
50
|
350
| |
O.
Slope modification factor.
[Added 11-9-1979 by Ord. No. 79-11]
(1)
Application. With respect to any new major subdivision
in the R-40, R-80, R-120 or RM Zones, the minimum area required for
a building lot shall be increased where slopes are greater than 15%.
The required lot area shall be determined by multiplying the minimum
required lot area for the zone by the appropriate factor in the table
below:
[Amended 2-20-1986 by Ord. No. 86-2]
|
Slope
(percent)
|
Factor
| |
|---|---|---|
|
30% or greater
|
Not permitted
| |
|
21% to 29%
|
5.0
| |
|
15% to 20%
|
2.0
| |
|
0% to 14%
|
1.0
|
(2) 
Maximum number of building lots for single-family
homes on any tract. The maximum number of building lots allowed on
any tract proposed for major subdivision shall be computed as follows:
(3)
Land Use Board exception. No developments or improvements
shall be permitted on slopes of 30% or higher. The applicant shall
be encouraged to concentrate development on lesser slopes, and the
Land Use Board, in appropriate cases and with adequate safeguards,
may authorize development on lots smaller than permitted in the zone,
provided that the total number of dwelling units does not exceed the
maximum allowed after application of the density modification formula.
All land required to be maintained as open space shall be indicated
as such on any approved plans and maintained in accordance with the
provisions of § 340-39B(8).
(4)
Computation of slope. Slopes shall be computed for
various slope categories by calculation between two-foot contour intervals.
P.
Standards for regulation of semipublic water companies.
[Added 11-9-1979 by Ord. No. 79-11]
(1)
The following regulations published by the New Jersey
State Department of Environmental Protection shall apply:
(2)
In addition, the system shall comply with the requirements of § 298-13D(2) of Chapter 298, Subdivision of Land.
A.
Height of accessory buildings. Except on a farm, no
accessory building shall exceed 15 feet in height. On a farm, the
height limitation of accessory buildings shall be the same as for
the principal building.
B.
Waiver.
(1)
Nothing herein contained shall restrict the height
of a barn or silo on a farm, a church spire or similar structure.
(2)
No structure erected pursuant to § 340-24B(1) to a height in excess of the height limit for the zone in which it is situated shall be used for residence or tenancy purposes.
A.
Cleanup requirements. No person shall permit uncut
grass, weeds, brush, rubble, abandonment of scrap metal, machinery,
building materials or dismantled, unlicensed or junk motor vehicles
in excess of one for one month on real property. Said property shall
be made to conform to abutting properties.
B.
Dumping. Dumping of refuse, waste material and other
substances is prohibited in all zones in the Township, except in areas
as may be designated as a Township sanitary landfill by the governing
body, or except for the purpose of filling to established grades,
for which a permit must be obtained from the appropriate officials.
C.
Swimming pools. In-ground and other permanent swimming
pools are considered to be structures and as such shall require a
building permit.[1]
[1]
Editor's Note: Former Subsection D, relating
to home occupation and professional use, which immediately followed
this subsection, was repealed 11-18-1993 by Ord. No. 93-13.
[Added 6-18-1998 by Ord. No. 98-3]
A.
Walls and fences.
(1)
Walls and fences may be erected where required for
privacy, screening, separation, security or to serve other necessary
and reasonable functions.
(2)
Design and materials shall be functional, they shall
compliment the character of the size and type of building, and they
shall be suited to the nature of the project and the proposed site
architecture.
(3)
No fence or wall shall be so constructed or installed
so as to constitute a hazard to traffic and safety.
(4)
No fence in any front yard shall exceed a height of
four feet as measured from the lowest elevation of the finished grade
or from the top of the retaining wall. In the case of corner lots,
such restrictions shall apply to both street frontages. No fence shall
exceed six feet in height inside rear yards. Fences shall have a 50%
minimum transparency.
[Amended 8-4-2021 by Ord. No. 2021-12]
(5)
Along State Highways Route 31, fences up to six feet
high are permitted in the front or the back yard of single-family
homes, whichever abuts the road.
[Amended 8-4-2021 by Ord. No. 2021-12]
(6)
A dog run or privacy area may have fencing a maximum
of seven feet in height, provided that such area or structure is located
in rear yard areas only and is set back from any lot line in accordance
with accessory setback requirements.
(7)
A tennis court area, located in rear yard areas only,
may be surrounded by a fence at least 15 feet high, said fence to
be set back from any lot line the distance required for accessory
buildings in the applicable district.
(8)
Swimming pool requirements shall be adhered to as
per BOCA regulations.
(9)
Board-on-board fence shall be constructed with opposing
boards separated by a rail/beam no more than four inches in width.
(10)
All permitted fences shall be situated on a
lot in such a manner that the finished side of such fence shall face
adjacent properties. No fence shall be erected nor constructed of
any material or in any manner which may be dangerous to persons or
animals, except that these provisions shall not apply to farms and
except further that fences permitted for commercial and industrial
uses may be topped by a barbed wire protective barrier but should
not exceed a total height of 10 feet.
B.
Retaining walls.
(1)
No retaining walls shall be permitted within the right-of-way
or within 30 feet of the intersection point of intersecting streets.
No retaining wall shall be located within five feet of a property
line unless a maintenance easement is secured from the adjoining property
owner and approved by the Land Use Board.
(2)
Retaining walls shall be of durable construction and
of a design approved by the Land Use Board.
(3)
No retaining wall exceeding four feet in height from
the lowest elevation of the finished grade to the top of the retaining
wall shall be built unless and until a site plan has been submitted
to and approved by the Land Use Board in accordance with the requirements
of site plan submission. Safety fence along the top of the retaining
walls shall be provided in accordance with BOCA requirements.
[Added 7-19-2006 by Ord. No. 2006-15; amended 8-15-2007 by Ord. No. 2007-08]
No accessory building permitted by this chapter
shall be placed in any required yard except as specified hereinafter
in this section.
A.
The aggregate ground area covered by accessory buildings
shall not exceed 25% of the required rear yard area within any residential
zone or 576 square feet for the R-10 Zone and any cluster development
or 600 square feet in all other residential zones, whichever is less.
Within any business and industrial zone, the aggregate area covered
by any accessory buildings shall not exceed 50% of the required rear
yard area or 800 square feet, whichever is less.
B.
An accessory building attached to the principal building
shall comply in all respects with the requirements of this chapter
applicable to the principal building.
C.
No accessory building within any zone shall exceed
15 feet in height.
D.
No accessory building erected in a required yard on
any lot within any zone shall be used for residential purposes.
E.
Within the limitations hereinbefore recited, any accessory
building within any residential zone shall be located behind the rear
line of the principal structure.
F.
On through lots, no accessory building erected in
the rear yard shall be nearer the street line than the minimum distance
specified for front yard setback on that part of the street which
said yard abuts.
G.
Open, private swimming pools designed and intended
for the sole use of resident site occupants shall be considered accessory
structures for the purpose of permits and shall be controlled by the
New Jersey Uniform Construction Code. Pool footprint areas shall not
be considered when calculating the allowable coverage of accessory
structures for an individual property.
H.
Garden sheds shall be governed by this section, except
that they may be erected closer to the rear and side property lines
as indicated in the below modified schedule. In no instance, however,
shall the location of the garden shed be closer to the existing dwelling,
which is located on an adjacent lot, than the prescribed minimum side
yard depth for accessory buildings of the zone in which the garden
shed within the modified setbacks, must provide the location of dwellings
on the adjacent lot on their filed plan.
[Added 4-1-2020 by Ord.
No. 2020-04; amended 10-7-2020 by Ord. No. 2020-09]
A.
Accessory apartments shall be permitted in all residential zones
within the Township of Oxford, subject to the following requirements:
(1)
All accessory apartments proposed and meeting the requirements
of this section shall be required to obtain a zoning permit from the
Zoning Officer of the Township of Oxford prior to the issuance of
construction permits. Any and all construction permits required shall
be obtained by the applicant at his/her own expense, and the accessory
apartment shall only be occupied upon issuance of a certificate of
occupancy by the Construction Office. Any accessory apartment proposed
not meeting the requirements of this section shall seek appropriate
relief from the Oxford Township Land Use Board and shall only be granted
construction permits upon receiving all necessary land use approvals.
(2)
Any lot where an accessory apartment is proposed shall meet
all area, yard and bulk requirements for the zone in which the lot
is located.
(3)
No individual lot within the Township shall be permitted more
than one accessory apartment.
(4)
No accessory apartment shall contain more than one bedroom.
(5)
All accessory apartments shall be contained in an accessory
building, whether existing or newly constructed, and shall not be
attached to the principal dwelling in the case of a new building.
Any newly constructed accessory building shall meet the minimum yard
requirements for an accessory building/structure as required for the
zone in which the lot is located.
(6)
Any person wishing to construct an accessory apartment shall
demonstrate that either public sewer exists or can be provided to
the lot or the existing septic system is adequate to handle the additional
bedroom proposed. Demonstration of the adequacy of the existing septic
system shall be in the form of inspection and written report by a
qualified professional engineer or other professional licensed to
provide such determination. Provided proper approvals are obtained
from any agency having jurisdiction over the matter, expansion of
existing septic systems to provide additional capacity to support
an accessory apartment shall be permitted.
(7)
Adequate additional parking per the New Jersey Residential Site
Improvement Standards, N.J.A.C. 5:21 et seq., shall be provided. For
a one-bedroom apartment, two additional spaces shall be provided.
(8)
All accessory apartments shall be registered with the Township
Clerk and assigned a street address by the Township. The number designation
of the accessory apartment shall be identical to that assigned to
the principal dwelling plus the letter "B." Such number designation
shall be posted on the accessory building containing the apartment
in a location visible to emergency responders and shall also be posted
on a separate mailbox that shall be installed for the apartment.
