[Amended 11-9-2004 by Ord. No. 28-2004; 6-10-2008 by Ord. No. 2008-13; 12-17-2019 by Ord. No. 2019-20; 3-9-2021 by Ord. No. 2021-01]
For the purposes of this chapter, the Borough
of Haddonfield is hereby divided into districts as follows:
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R-1
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(Residential Single-Family)
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R-2
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(Residential Single-Family)
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R-3
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(Residential Single-Family)
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R-4
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(Residential Single-Family)
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R-5
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(Residential Single-Family)
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R-5A
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(Residential Single-Family)
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R-6
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(Residential Single-Family)
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R-7
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(Residential Single-Family)
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R-8
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(Residential Single-Family)
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R-9
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(Residential Single-Family)
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R-10
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(Residential Townhouses)
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R-11
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(Residential High Density)
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AHO-1
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(Affordable Housing Overlay 1)
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AHO-2
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(Affordable Housing Overlay 2)
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AHO-3
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(Affordable Housing Overlay 3)
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AHO-4
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(Affordable Housing Overlay 4)
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AHO-5
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(Affordable Housing Overlay 5)
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AHO-6
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(Affordable Housing Overlay 6)
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AHO-7
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(Affordable Housing Overlay 7)
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AHO-8
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(Affordable Housing Overlay 8)
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AHO-9
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(Affordable Housing Overlay 9)
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RO
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(Residential Office)
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O
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(Office)
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D1
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(Downtown 1)
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D2
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(Downtown 2)
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D3
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(Downtown 3)
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D4
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(Downtown 4)
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C
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(Commercial)
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P
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(Public Use)
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[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 11-9-2004 by Ord. No.
28-2004; 6-10-2008 by Ord. No. 2008-13]
The boundaries of these zoning districts are
established on the map entitled "Zoning Map of the Borough of Haddonfield,"
as per the most recently dated version, and is hereby made a part
of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in
the Borough Clerk's office.
A.
Boundaries. Zoning district boundary lines are intended
to follow street center lines, railroad rights-of-way, streams and
lot or property lines as they exist on lots of record at the time
of the enactment of this chapter unless otherwise indicated by dimensions
on the Zoning Map.
B.
Dimensions. Any distances or dimensions listed in
this chapter or shown on the Zoning Map are in feet (unless otherwise
expressly so indicated) and are measured horizontally and, when measured
from a street, are measured from the street right-of-way line even
if the center line of the street is the location of the zoning district
line.
C.
Disputes. The exact location of any disputed zoning
district boundary line shall be determined by the Zoning Board of
Adjustment, pursuant to law.
D.
Applicability. The zoning standards, controls and
designations apply to every structure, lot and use within each district
and the district lines extend vertically in both directions from ground
level.
No land may be used and no structure may be
erected, raised, razed, moved, extended, enlarged, altered or used
for any purpose other than the purposes permitted herein for the zone
in which it is located, and all construction shall be in conformity
with the regulations provided for the zone in which such construction
is located.
When a new lot or lots are formed from a parcel
of land, or where two or more lots are combined into a single lot,
the separation or combination must be effected in such a manner as
not to impair any of the provisions of this chapter. Moreover, when
two or more lots are combined into a single lot for the purpose of
an application for development, the lots shall be combined as one
lot unless subsequently subdivided in accordance with the requirements
of this chapter.
Public utility distribution facilities required
for direct local service may be located anywhere within the Borough
of Haddonfield wherever reasonably necessary, provided such facilities
are placed within the rights-of-way of existing roads and streets
or in utility easements.
A.
A building or structure may be erected on any nonconforming
lot held in single and separate ownership at the effective date of
the most recent applicable ordinance only when granted a variance
by the Zoning Board of Adjustment or Planning Board per New Jersey
Land Use Law, except that where a habitable structure exists on the
lot in question and such new building or new structure conforms to
the minimum side yard, rear yard, front yard, and height requirements
and total construction conforms to lot coverage requirements of said
ordinance, approval of the Zoning Board of Adjustment or Planning
Board is not required.
B.
To the fullest extent permitted by law, contiguous
undersized lots shall merge and may be separated only upon the grant
of subdivision approval in accordance with the terms of this chapter.
[Added 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 5-14-2019 by Ord. No. 2019-05]
Accessory buildings shall comply with all requirement for the
zoning district in which they are located. All accessory buildings
or structures shall be set to the rear of the front most portion of
the principal building. All accessory buildings must be set at a
minimum distance of 10 feet from the principal building; less than
10 feet from the principal building or structure shall be considered
a portion of the principal building or structure and not an accessory
building.
[Added 3-8-1994 by Ord. No. 1692A]
The reduction in the size of a lot on which
a nonconforming use is located, or the reduction in the effective
available size of that lot by the granting of an easement restricting
the use of a portion of that lot, shall constitute an intensification
of the nonconforming use, and shall require a use variance.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
A.
Driveways, aprons, curbs, retaining walls, landscaping
structures, drainage structures, rain flow conduits, and fences are
permitted in the side yard, back yard, and front yard of any property.
[Added 4-14-1998 by Ord. No. 1770]
B.
Yard encroachments (see Figure 1[1]) shall be permitted in the R, O, C and P Zones (outside
of the Downtown Zoning District) provided that:
[Amended 6-10-2008 by Ord. No. 2008-13; 5-14-2019 by Ord. No. 2019-05]
(1)
The principal building or structure to which the encroachment is
attached otherwise conforms to all setback requirements or, if the
building or structure has a nonconforming yard, it will not increase
the nonconformity thereof;
(2)
No such encroachment shall be permitted to be closer than four feet
to any property line;
(3)
All such encroachments that extend over a driveway, sidewalk, walkway,
patio, handicapped access ramp or other means of vehicular or pedestrian
ingress or egress shall maintain a height at least eight feet above
such means of ingress or egress; and
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
C.
Porches, stoops, and other protrusions within D1, D2, D3 and D4 Zones
shall be permitted to encroach into a front, side or rear yard setback,
provided that:
[Added 6-10-2008 by Ord. No. 2008-13]
(1)
The principal building or structure to which it is attached otherwise
conforms to all setback requirements, or, if the building or structure
has a nonconforming yard, it will not increase the nonconformity thereof;
and
(2)
If it extends into or over a driveway, walkway, patio, handicapped
access ramp, or other means of vehicular or pedestrian ingress or
egress, it shall not be less than eight feet above such means of ingress
or egress; and
(4)
Porches shall be no less than six feet deep. Porches may extend up
to 10 feet into front yards, provided they are no closer than four
feet to any property line.
(5)
These dimensions also apply to porches facing corner lot lines and
for porches of sideyard buildings.
(6)
Stoops may extend into the front setback area of cottage houses,
sideyard buildings, single-family detached houses, townhouses, and
twins if their highest point is not higher than 42 inches above sidewalk
level.
(7)
Other encroachments, such as bay windows, balconies, or colonnades,
shall provide a minimum of 15 feet of clearance over a public sidewalk
or R.O.W. Encroachments shall also be no greater than 16 feet in width
and two feet in depth.
(8)
Overhanging encroachments may extend beyond the property line only
in to the public right-of-way, not into an adjoining property. Easements
are required for any encroachments into a public right-of-way.
(9)
Protrusions shall not be included in the calculation of building
or impervious coverage.
(10)
Building steps, roof overhangs less than 24 inches beyond the
outermost vertical plane of a structure or wall, and patios and walkways
at grade level or flush to the ground shall not be counted toward
any setback requirement.
[Added 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
Except where specifically permitted in this
chapter, no lot shall have erected upon it more than one principal
building or use.
[Added 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
Double-fronted and flag lots shall not be permitted.
Minimum lot area and yard requirements for existing double-fronted
lots shall be measured from both street frontages. Minimum lot area
and yard requirements for existing flag lots shall be measured from
the rear lot line of the adjacent lot it is situated behind.
[Added 5-9-2017 by Ord. No. 2017-06[1]]
A.
A nonconforming use or structure that is intentionally or unintentionally
partially destroyed may be repaired or restored as a nonconforming
structure or use.
B.
A nonconforming use or structure that is totally destroyed intentionally
or unintentionally shall not be repaired or restored as a nonconforming
structure or use.
C.
To determine whether the structure or use was partially destroyed
or totally destroyed, the following factors are to be considered:
(1)
The extent of the damage and destruction regarding walls, floors,
roof, foundation, windows, doors, electrical service, water service,
waste removal service, heating and air-conditioning service, etc.
(2)
The percentage of damage and destruction based on the habitable floor
area, as one factor among all factors.
(3)
The extent of the damage and destruction to the structural integrity
of the structure.
(4)
The historical significance of the structure, including the extent
of the damage and destruction to the historical features of the structure.
Substantial efforts should be followed to cause historical structures
to be repaired and restored.
(5)
Any other facts or information that may be relevant to the application
to repair or restore the nonconforming structure.
D.
In the event of the intentional or unintentional destruction of a
nonconforming structure, the owner or party in interest may apply
to the Borough of Haddonfield Construction Official for the necessary
permits to repair or restore the nonconforming structure. The Construction
Official must consider the above-mentioned factors in rendering a
decision as to whether it was a partial destruction in order to issue
the necessary permits. In the event the Construction Official decides
that the destruction was total and decides not to issue the necessary
permits to repair or restore the nonconforming use or structure, the
Construction Official must notify the owner or party in interest of
such denial and indicate that the owner or party in interest may apply
to the Zoning Board of Adjustment for an approval to repair or restore
the nonconforming use or structure.
E.
The process regarding the application to the Zoning Board for an
approval to repair or restore the conforming use or structure shall
comply with the following:
(1)
The owner or party in interest shall submit an application to the
Construction Official for submission to the Zoning Board containing
at a minimum the information required in the Municipal Land Use Law
(MLUL), N.J.S.A. 40:55D-11. There is no time limitation as to when
such an application must be submitted.
(2)
The owner or party in interest shall comply with the public notice
requirement provided in the MLUL, N.J.S.A. 40:55D-12.
(3)
The applicant shall be entitled to a hearing, and at the hearing
on the application before the Zoning Board, the owner or party in
interest shall have a right to be heard, which includes being permitted
to call witnesses, introduce documentary evidence and make legal arguments
relevant to the application before the Zoning Board.
(4)
Other individuals have a right to be heard, which includes presenting
relevant testimony and documentary evidence.
(5)
At the conclusion of the hearing, the Zoning Board shall determine
whether the destruction to the nonconforming use or structure was
partial, and in the event it was determined to be a partial destruction,
the Construction Official shall issue the necessary permits for the
nonconforming use or structure to be repaired or restored.
(6)
Once permits are granted, a partially destroyed nonconforming structure
may be repaired or restored, provided that there shall be no expansion
of the nonconforming structure and the nonconforming structure can
be no larger than the existing footprint.
[1]
Editor’s Note: This ordinance also specifically repealed
former § 135-24, Damaged or destroyed nonconforming structures,
added 7-23-2002 by Ord. No. 1825.
[1]
Editor’s Note: Former § 135-25, Damage or destruction
of buildings and structures on nonconforming lots, added 7-23-2002
by Ord. No. 1825, as amended, was repealed 5-9-2017 by Ord. No. 2017-06.
[2]
Editor's Note: Former §§ 135-25.1, Affordable housing
for any development producing five dwelling units or more, added 2-28-2006
by Ord. No. 2006-02, and 135-25.2, Affordable housing as share of
all development or redevelopment of parcels of five or more acres,
added 2-28-2006 by Ord. No. 2006-03, which immediately followed this
section, were repealed 12-17-2019 by Ord. No. 2019-19.
