A. Except as otherwise provided in this Part 1, it shall
be unlawful to locate, relocate, erect, construct, reconstruct, enlarge
or structurally alter any structure except in conformity with the
regulations of the district in which such structure is located.
B. Except as otherwise provided in this Part 1, it shall
be unlawful to use any land or structure for any purpose other than
that which is permitted in the district in which such land or structure
is located.
C. Prohibited
uses.
[Added 7-6-2021 by Ord. No. 2021-12; 11-21-2023 by Ord. No. 2023-14]
(1) All
six classes of cannabis licenses are prohibited.
(2) All
medical cannabis alternative treatment centers, as said term is defined
by N.J.S.A. 24:6I-3 and N.J.A.C. 17:30A-1.2.
Nothing in this Part 1 shall be construed to
require any change in the plans, construction, size or designated
use of any structure, or part thereof, for which any building permit
has been granted before the enactment of this Part 1, provided that
construction from such plans shall have been started within 60 days
of enactment of this Part 1 and shall be diligently pursued to completion.
Accessory buildings shall be subject to the
following requirements:
A. They shall not be located in any required front yard
spaces.
B. The minimum distance of any accessory building from
any other building shall be five feet.
C. Accessory buildings may be erected as a part of a
principal building, provided that all yard requirements of this Part
1 for principal buildings are complied with.
In any district on any corner lot, the minimum
front yard requirements shall be provided for both intersecting streets
in accordance with the regulations for the district in which the lot
is located.
The height limitations of this Part 1, contained
in the regulations for each district, shall not apply to barns, silos,
church spires, chimneys, noncommercial radio or television antennae
or cupolas.
Any accessory facility or area intended for
use of firearms, such as a shooting range, shall be located at least
1,000 feet from any lot line, street line or district boundary.
Off-street parking areas shall be provided as
specified in the regulations for each district and shall be provided
with necessary off-street parking spaces, passageways, driveways and
turning areas. All such areas shall be deemed to be required areas
on the lot on which they are situated and shall not be located in
any required front yard area. Except as otherwise provided in this
Part 1, all off-street parking areas with a required capacity of five
or more vehicles shall be paved with gravel, asphaltic or concrete
surface so as to be hard surfaced, dust free and well drained and
shall be designed, maintained and regulated so that no parking or
maneuvering incidental to parking shall be on any street and so that
any automobile may be parked without moving another. Where lights
from vehicles within the off-street parking area may shine directly
into the windows of a residence or residences, the area shall be screened
from such residence or residences by means of an evergreen hedge,
masonry wall or other suitable barrier which shall not be less than
four feet or more than seven feet in height.
For purposes of this Part 1, "major recreational
equipment" is defined as boats and boat trailers, pickup campers or
coaches (designed to be mounted on motor vehicles), motorized dwellings,
tent trailers and the like. No major recreational equipment shall
be parked or stored on any lot in a residential district, except on
a lot being used as a camp, unless it is in a carport or enclosed
building or behind the nearest portion of a building to a street;
provided, however, that such equipment may be parked anywhere on a
lot in a residential district for a period not to exceed 48 hours
during loading, unloading, repair or maintenance. No such equipment
shall be used for living or housekeeping purposes when parked or stored
on a residential lot (except on a residential lot also being used
as a camp) or other location not approved for such use.
In any district, more than one permitted principal
use may be conducted on a single lot and more than one structure housing
a permitted principal use, or permitted principal uses, may be erected
on a single lot, provided that all other requirements of this Part
1 shall be met for each such structure as though it were on an individual
lot, and provided, further, that in no case shall there be more than
one single-family dwelling on a subdivision lot of record.
In any district, on any corner lot no fence,
sign or other structure, planting or other obstruction to vision,
higher than three feet above the ground level, shall be erected or
maintained within a straight line connecting points on the two street
lines at a distance of 25 feet from the intersection of said street
lines at the corner.
In any district, any tank or other structure,
except one located entirely underground, storing or designed for storing
fuel oil, gasoline, diesel fuel, kerosene or other inflammable liquid
or gas shall be set back at least 10 feet from any lot or street line.
This shall not preclude a greater setback being required in any industrial
or commercial district, as part of site plan approval, where necessary
for safety.
[Added 8-5-1980]
A. On any lot whose principal use is for residential
purposes or which is vacant and has no other principal use:
(1) No oversized vehicle and no more than one truck tractor
shall be parked or allowed to remain between the hours of 9:00 p.m.
and 6:00 a.m. anywhere within 100 feet of a lot line or street line
of such lot, except for one certified school bus suitable for current
use as such.
(2) No more than two oversized vehicles shall be parked
or allowed to remain between the hours of 9:00 p.m. and 6:00 a.m.
anywhere on such lot.
B. Any use of any lot which is nonconforming to the provisions
of this section and existing at the time of passage of this section
may be continued as provided in N.J.S.A. 40:55D-68.
C. No provision of this section shall be considered to
regulate parking in any public street.
[Added 10-7-1980 by Ord. No. 80-21]
No hive or other enclosure used for the containment
of bees shall be placed or allowed to remain on any lot within 50
feet of the lot line or street line of such lot.
[Added 6-1-2010 by Ord. No. 2010-13; amended 5-15-2012 by Ord. No.
2012-7]
A. Solar energy systems (minor), where permitted, shall be accessory
uses to the permitted principal and other accessory uses on the lot
and shall not involve the production of power for off-premises consumption
nor shall such uses constitute the principal use of any lot. This
prohibition shall not be interpreted to preclude the occasional sale
of excess power from a solar energy system (minor) back to the public
electric utility provider.
B. A zoning permit shall be required for the installation of roof-mounted
solar panels in all cases. Site plan approval shall also be required,
before the issuance of a zoning permit, for all ground-mounted solar
energy systems (minor), except that ground-mounted solar energy systems
(minor) on single- and two-family residential lots and farms that
meet the requirements of this section shall only require a zoning
permit.
C. Roof-mounted solar panels may be attached to either a principal or
an accessory building but shall be no more than six feet higher, measured
vertically, than the surface of the roof to which such panels are
attached, and no part of the solar energy system (minor) shall extend
beyond the highest peak of the roofline of the building to which they
are attached nor exceed the maximum permitted height for the building.
D. Ground-mounted solar energy systems (minor), except where located
on single- and two-family residential lots and farms, shall be enclosed
by fencing for security purposes.
E. Ground-mounted solar energy systems (minor), where permitted, shall
not be located between the principal building and the street and shall
not be located in any minimum required side or rear yard. All ground-mounted
solar energy systems (minor) shall be screened from view from adjacent
properties and streets with a year-round vegetative screen, buildings
and/or solid fencing.
F. Ground-mounted solar energy systems (minor) shall not exceed 10 feet
in height and shall be excluded from the calculation of the lot (impervious)
coverage if mounted on a lawn or vegetated area.
G. To the extent reasonably possible, solar panels, regardless of whether
they are roof-mounted or ground-mounted, shall be oriented and/or
screened year-round so that glare is directed away from adjoining
properties and streets.
H. To the extent reasonably possible, solar energy systems (minor) shall
be designed using such features as colors, materials, textures, screening
and landscaping so as to blend into their settings and avoid visual
blight.
I. Solar energy systems shall not be used for the display of advertising,
except for reasonable manufacturer/operator identification, provided
such identification is not visible from a property line.
J. Any solar energy system (minor) that has generated no electricity
for a period of 12 months shall be deemed to be abandoned and shall
be decommissioned within six months of such abandonment:
(1)
Decommissioning shall include the removal of the entire solar
panel array and all associated facilities and equipment connected
thereto from the premises and the cleaning and restoration of the
area to a preinstallation condition.
(2)
If said decommissioning has not been completed within the requisite
six-month period, then the Township's Zoning Officer shall provide
written notice by certified mail to the landowner requiring that decommissioning
be completed within 30 days of the receipt of said notice.
(3)
If the decommissioning has not been completed within 30 days
of the receipt of said notice, the Township may either undertake the
decommissioning and charge the landowner and/or facility owner and
operator for all of the costs and expenses thereof, including reasonable
attorneys fees, or take appropriate legal action to compel the decommissioning.
All costs incurred by the Township shall be billed to the landowner
and, if not paid within 60 days of billing, shall become a lien against
the property.
(4)
Ground-mounted solar energy facilities (minor) that require
site plan approval shall be subject to the decommissioning plan and
bond requirements set forth in § 100-21M(7).
[Added 11-7-2019 by Ord.
No. 2019-19]
K. All
solar energy systems (minor) installed on commercial, institutional
or multifamily residential property in Holland Township shall comply
with the safety regulations set forth in § 100-21M(6).
[Added 5-15-2012 by Ord. No. 2012-7]
L. Solar
energy systems located on qualified commercial farms shall be limited
to a maximum of 10 acres of land or, alternatively, a production rating
not exceeding two megawatts (MG) of electricity, provided that the
acreage devoted to the solar energy system (minor) does not exceed
a ratio of one acre of solar energy system (minor) to five acres of
farmland or approximately 17% of the farmland acreage.
[Added 5-15-2012 by Ord. No. 2012-7]
M. Solar
energy systems located on preserved farms shall be limited to a maximum
of 1% of the acreage of the preserved farm dedicated to the production
of energy or, alternatively, shall generate no more than 110% of the
previous year’s electrical energy demand.
[Added 5-15-2012 by Ord. No. 2012-7]