RESIDENTIAL SIDE YARDS
The Chatham Borough Planning Board has been discussing an amendment to the residential side yard requirements. This results from questions arising out of the nearness to the side lines of new and expanded dwellings, and the resulting appearance of crowding in some neighborhoods in the Borough. The following language would clarify the definition of a side yard and what parts of a house can be permitted in the minimum side yard, and it also provides for an increase in the minimum side yard requirements for wider lots.
The Planning Board has scheduled a segment of its Wednesday, April 4, 2007 meeting for public input and discussion of this proposal, and all interested residents are urged to attend. The meeting begins at 7:30 p.m., and the side yard discussion should occur at or near the beginning of the meeting.
Here are the proposed revised Land Development Ordinance provisions:
In Chapter 165 of the Code of the Borough of Chatham, 165-10, the definition of a side yard is hereby amended to read as follows:
Yard, Side- A space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. No part of a building, including a bay window, a cantilevered portion of the building, or the like, may extend into the minimum side yard permitted by this Chapter except steps and a landing for distance of not more than four feet, eaves for a distance of not more than two feet, rain water leaders, window sills and other such fixtures. When the building is on a lot with a width of 50 feet or less, however, these exceptions shall not be permitted.
In Chapter 165 of the Code of the Borough of Chatham, 165-14E.(1)(a), concerning side, front and rear yards, is hereby amended to read as follows:
(a) There shall be two side yards, each at least 12 feet wide or 15 percent of the lot width, whichever is greater; except that on a corner lot the exterior side yard shall be at least 30 feet in width. However, on lots less than 80 feet wide, a one-story, ground floor addition, attached to a dwelling lawfully existing on or before May 1, 2007, may be permitted to extend into an interior side yard, provided that such extension shall be set back at least nine feet from the side property line. For churches and schools and other permitted uses, there shall be two side yards, each at least two feet in least dimension for each one foot of height of such a building, provided that each side yard shall not be less than thirty feet.