ARTICLE VI - (Reserved)
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§ 100-37 through 100-42. (Reserved)
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ARTICLE VII - R-1 and R-5 Residential Districts
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**Webmaster's Note: The previous Article has been amended by Ordinance No. 1998-9. | |||||||
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§ 100-43. Permitted uses.
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In the R-1 and R-5 Residential Districts, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the followingA. Agricultural uses subject to the following limitations | |||||||
(1) The following agricultural uses are permitted in the R-5 District only, provided that no structure for feed storage, fertilizer storage or shelter of animals shall be closer than one hundred (100) feet to any lot or street line or district boundary:
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(a) Raising and harvesting crops and truck gardening
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(b) Horticulture, excluding retail sales of products
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(c) Growing and harvesting of timber
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(d) The raising of fewer than fifty (50) domestic fowl game birds or small animals but not operated primarily as a commercial enterprise.
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(e) The keeping of not more than one (1) horse, one (1) head of beef or dairy cattle or one (1) sheep on any lot three (3) acres or larger. with one (1) additional head of one (1) such animal allowed for each additional acre of lot over three (3) acres. except that commercial veal operations are expressly prohibited in Holland Township.
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(2) The raising and breeding of an unspecified number of horses, ponies, sheep, goats, game birds, beef cattle and dairy cattle (except commercial veal operations) in the R-5 District only, on lots of at least ten (10) acres in area, provided that no structure for the shelter of livestock, feed storage or fertilizer storage shall be located closer than two hundred fifty (250) feet to any lot or street line or district boundary.
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(3) Notwithstanding any of the foregoing, the raising of livestock as a student, 4-H or similarly sponsored project on any lot of at least three (3) acres in area is permitted in any R District
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(4) In the R-5 District only. on lots of at least ten (10) acres in area farms for the raising and breeding of fifty (50) or more fowl, provided that no structure for the shelter of such livestock shall be located closer than three hundred (300) feet to any side or rear lot line or district boundary nor closer than one hundred seventy-five (175) feet to any street line.
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(5) In the R-5 District only, on lots of at least ten (10) acres in area, kennels for commercial raising, breeding, boarding or cue of dogs, provided that no structure for the shelter of dogs shall be located closer than one hundred fifty (150) feet to any lot line, street line or district boundary
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B.Single-family dwellings.
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C.Public parks, recreation areas and open space areas, provided that any active recreational facilities are screened from adjacent lots and streets with walls, fences, evergreen hedges and/or other means of shielding against noise, lights, dust or other factors which might constitute a nuisance to the surrounding properties, in a manner approved by the approving authority, on lots of at least five (5) acres.
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D. Churches and other houses of worship and cemeteries, on lots of at least five (5) acres, having a minimum lot width of two hundred fifty (250) feet, in the R-l and R-5 Residential Districts only.
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**Webmaster's Note: The previous subsection D has been amended as per Ord. No. 1998-9. | |||||||
E. Public and private schools, on lots of at least five (5) acres, having a minimum lot width of three hundred fifty (350) feet in R-1 Zone only.
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F. Municipal, county, state or federal public purpose uses, clubs, lodges, community centers and meeting facilities for nonprofit organizations; and public libraries, in the R-1 zone only, on lots of at least three (3) acres, having a minimum lot width of two hundred fifty (250) feet, except that any such use which regularly employs more than ten (10) persons on the premises shall have a minimum lot area of five (5) acres, and any such use having or likely to have a permanent or temporary resident population of more than four (4) persons at a time shall have a minimum lot area of three (3) acres, plus an additional lot area equivalent to the minimum required for single-family residential uses in the district for each four (4) persons or fraction thereof in residence beyond the first four (4).
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§ 100-44. Conditional uses.
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In the R Districts, the following conditional uses as further regulated at § 100-51 am permitted as principal uses: | |||||||
A. Private or commercial recreation facilities, such as golf courses, tennis courts, riding stables or academies and swimming facilities, in the R-5 District only
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B. Summer or year-round camps, including children's day camps, in the R-5 District only.
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C. Public utility facilities, including, but not by way of limitation, electric power distribution substations.
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D.Commercial greenhouses and nurseries in the R-5 District only
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§ 100-45. Accessory uses.
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Accessory uses and structures to any of the foregoing permitted principal uses and permitted conditional uses are permitted, including | |||||||
A. One (1) private garage for the use or intended use of the residents of the lot on which it is located, and their guests and lessees, capable of storing not more than three (3) passenger motor vehicles
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B. Storage structures customarily associated with the maintenance of a residential lot, provided the storage structure does not exceed the following maximum gross floor area:
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(1) For a lot having a lot area of two (2) acres or less, a maximum gross floor area of 300 square feet.
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(2) For a lot having a lot area greater than two (2) acres but not over three (3) acres, a maximum gross floor area of 400 square feet.
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(3) For a lot having a lot area greater than three (3) acres, the storage structure shall not have a gross floor area larger than the footprint area of the principal structure.
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**Webmasters Note: The previous subsection, B., has been amended as per Ordinance No. 2002-06. | |||||||
C.Other customary accessory residential structures, including but not limited to animal shelters for domestic pets, fences, private swimming pools, outdoor fireplaces, trellises, gazebos and lampposts
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D. Barns, silos and other structures customarily associated with permitted agricultural uses, provided that all setbacks required in this Part 1 shall be observed.
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E. [Amended 12-19-1989 by Ord. No. 1989-13; 3-20-1990 by Ord. No. 1990-3] Home occupations, as defined in this Part 1, in the R-5 District only and subject to the limitations expressed in the definition of home occupation in § 100-6 and the following limitations:
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(1) Except for the retail sale of farm produce, which may occur from a seasonal stand, such occupation shall be conducted entirely within the confines of the dwelling on the lot
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(2) Seasonal stands for the retail sale of farm produce shall be set back at least fifty (50) feet from the traveled way of the street. An off-street parking area accommodating at least three (3) automobiles and not more than five (5) automobiles shall be provided in the area of the stand, which parking area need not be paved.
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(3) No article or product shall be sold or offered for sale unless the same is produced on the lot
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(4) Except as to seasonal farm stands, no clients or customers shall be received on a regular or scheduled basis if the same would involve more than two (2) clients or customers on the premises at any one (1) time
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(5) Except for permitted signs and except for seasonal stands for the retail sale of farm produce, no physical evidence of the home occupation or home professional office shall be visible from off the site
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F.Up to two (2) roomers or boarders per dwelling unit
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§ 100-46. Schedule of requirements for R Districts.
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(1) All lots shall have frontage on a street. Such frontage shall be a minimum of eighty percent (80%) of the required minimum lot width for the zone, except in the case of a lot fronting on the bulb or turning end of a cul-de-sac, where the minimum required lot frontage. may be reduced to fifty (50) feet.
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(2) In the R-1 Zone, no lot shall have an area of less than two and zero- tenths (2.0) acres unless said lot is served by both public sewer and water.
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**Webmaster's Note: The previous subsection has been amended as per Ordinance No. 1998-9. | |||||||
§ 100-47. Modifications; lot averaging.
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A. Permitted modifications. A major subdivision involving residential lots in the R-5 District may provide for lot averaging if approved by the approving authority pursuant to this Part 1 In such cases, the minimum lot area, dimensional and yard requirements may be modified from those otherwise applicable in the involved district, as provided in the Schedule of Requirements for Lot Averaging, attached .2 [Amended 2-7-1995 by Ord. No. 1995-2]
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B. Findings for lot averaging. The minimum requirements for developments in the R- 5 District are based, in part, on the planning objective of preserving agriculture and the fact that physical and environmental limitations prevalent throughout this District dictate low density of development. These limitations include steep slopes, adverse soil and bedrock conditions, septic effluent disposal limitations and limited groundwater yield. However, it is recognized that these conditions throughout the District may vary and that there may be areas within the District where physical and environmental conditions would permit a lot to be smaller than ordinarily required, and that, in the process of designing a subdivision utilizing smaller lots, provision may be made for larger lots which could support agriculture. Consequently, in order to recognize such conditions and to promote larger lots which could support agriculture, the approving authority may permit lot averaging, in accordance with the requirements of this Part 1 (of Chapter 100), provided the lot area, dimensional, and yard requirements are not less than those shown in the Schedule of Requirements for Lot Averaging (set forth at the end of this Chapter)
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C. Density. The density of lots permitted in a lot averaged subdivision (in the R-5 District) shall not exceed 0.2 lots per acre.
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**Webmaster's Note: The previous subsection has been amended as per Ordinance No. 2001- 10. | |||||||
D.Development in a lot-averaged subdivision shall be limited to single-family detached dwellings.
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E.All lots exceeding the required minimum lot area for the zoning district shall be deed-restricted against further subdivision
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§100-47.1 Modifications; clustering.
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A. Permitted modifications. A major subdivision involving residential lots in the R-5 District may provide for residential cluster development on tracts of fifty (50) acres or more, if approved by the approving authority pursuant to this Part 1. In such cases, the minimum lot area, dimensional and yard requirements may be modified from those otherwise applicable in the involved district, as provided in the Schedule of Requirements for Residential Cluster Development, attached.
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B. Findings for residential cluster development. The use of residential cluster development shall be designed to meet or promote one or more of the following objectives: preservation or protection of agricultural land; preservation of scenic vistas along roadways; protection of large stands of trees; protection of stream corridors; protection of archeologic or historic sites or structures; and preservation and protection of environmentally sensitive lands. Where the approving authority finds that one or more of such objectives are met or promoted by the design of the subdivision, it may permit residential cluster development in accordance with this Part 1 (of Chapter 100), provided that the lot area, dimensional and yard requirements are not less than those shown in the Schedule of Requirements for Residential Cluster Development (set forth at the end of this Chapter)
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C. Density. The density of dwelling units permitted in a residential cluster subdivision (in the R-5 District) shall not exceed 0.165 dwelling units lots per acre, with each dwelling being on a separate lots.
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D. Development in a residential cluster development shall be limited to singlefamily detached dwellings.
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E. Open space.
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(1) The open space resulting from the residential cluster development shall be deed-restricted against further subdivision or development and shall be limited in use to agricultural uses, or conservation or passive recreational uses of natural areas. Open space lots shall each have an area of at least twelve (12) acres, shall have a minimum dimension in any direction of two hundred (200) feet, and shall have a reasonable access strip of at least thirty-five (35) feet in width with frontage on a street.
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(2) Maintenance and use of natural areas.
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(a) Clearing of brush and dead timber shall be required where necessary to eliminate fire hazard.
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(b) Manual clearing of obstructions or jams from steams or waterways shall be required where necessary to insure unimpeded flow, provided that no channelization shall be permitted.
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(c) Hiking or bicycling trails and bridle paths may be constructed and maintained, unless otherwise prohibited by law.
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(d) Chemical agents may be used to control weed growth or algae bloom, or for fish management in lakes and ponds.
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(e) Open space which is a natural area shall otherwise be maintained undisturbed in its natural state. No garbage or debris shall be permitted to accumulate except that leaves, grass and shrub clippings may be deposited in properly located and maintained compost heaps.
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(f) Passive recreational use of open space natural areas shall be restricted to fishing, bird watching, hiking, cycling, horseback riding, and boating.
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(3) Use of machinery and engines in open space natural areas.No chemically powered engines shall be used in a natural area, except for the performance of functions designated in paragraph (2) (a) hereinabove.
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(4) Maintenance and use of open space as farmland. Maintenance and use of dedicated farmland shall be governed by good agricultural management practices.
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(5) Improvements to common open space. Any improvements to common open space shall be completed before any certificate of occupancy is granted for a dwelling in the residential cluster subdivision.
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(6) Dedication of open space. Where open space is not dedicated to the Township or other government entity, the applicant shall dedicate such area for the uses hereinbefore set forth, and shall establish a property owners' organization which shall consist of all owners of lots in the residential cluster development and which shall own and maintain the open space areas as common open space. The provisions of subsections B. through H. of § 100-69 shall apply.
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**Webmaster's Note: The previous subsection 100-47.1 has been added as per Ordinance No. 1998-9. | |||||||
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ARTICLE VIII-VR Village Residential District [Amended 5-3-1977 ; 4- 4-1984 by Ord. No.84-2 ; 9-15-1987 by Ord. No.1987-9]
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§ 100-48. Permitted uses.
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In the VR Village Residential District, no lot or structure shall have as a principal use, and no structure shall be located, relocated, erected, constructed, reconstructed, enlarged or structurally altered for the purpose of any principal use, except the following | |||||||
A. Single-family dwellings.
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B.Post offices on lots of at least two (2) acres
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C.Conversion of an existing building to a boutique for clothing, accessory or craft sales, provided that no exterior alterations to the structure are involved.
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D.Conversion of an existing building to an art gallery, art studio or antique store, provided that no exterior alterations to the structure are involved
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E.Conversion of an existing building to a tailoring, dressmaking or shoe repair establishment, provided that no exterior or alterations to the structure are involved
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F. Churches and other houses of worship and cemeteries on lots of at least five (5) acres
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§ 100-49. Accessory uses.
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Accessory uses and structures to any of the foregoing permitted principal uses are permitted, including | |||||||
A.Accessory uses customarily incidental to the principal permitted uses.
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B. Home occupations and home professional offices as defined in this Part 1, subject to the following limitations
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(1) Such occupation shall be conducted entirely within the confines of a building
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(2) No more than one (1) person. other than a resident on the premises, shall be employed in said office or occupation
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(3) No article or product shall be sold or offered for sale unless the same is produced on the premises, except that antiques may be sold as a home occupation in the VR District
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(4) No machinery. equipment or operation shall cause interference with radio or television reception or cause any other form of electrical disturbance in the area, create any noise which is discernible beyond the limits of the property, produce any gas, fumes. dust, odor or other air pollution, heat or movement of air
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(5) No clients or customers shall be received on a regular or scheduled basis if the same would involve more than one (1) client or customer on the premises at any one (1) time.
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(6) Except for permitted signs, no physical evidence of the home occupation or home professional office shall be visible from off the site
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C. Up to two (2) roomers or boarders per dwelling unit.
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