Zoning affects all structures, buildings and
land and the use thereof. No land or premises may be used and no building
or structure may be erected, raised, moved, extended, enlarged, altered
or used for any purpose other than a purpose permitted herein for
the zone district in which it is located, and all construction shall
be in conformity with the regulations provided for the zone district
in which such building or premises is located.
No building or structure or part thereof shall
be erected, constructed, reconstructed, structurally altered or moved
until there has been filed with the Zoning Official an application
for a zoning permit or site plan review. For the purposes of this
section, the application for a permit under the Uniform Construction
Code will suffice as the application for a zoning permit.
A. No land shall be occupied or used, and no buildings
hereafter erected or altered shall be occupied or used, in whole or
in part, for any purpose whatsoever until a certificate of occupancy
shall have been issued by the Construction Official stating that the
premises or building complies with all the provisions of this Part
3.
B. No change or extension of use, and no alteration of
use, shall be made in a nonconforming use of premises without a certificate
of occupancy having first been issued by the Construction Official
indicating that such change, extension or alteration is in conformity
with the provisions of this Part 3.
C. A certificate of occupancy shall be applied for at
the same time that the construction permit is applied for and shall
be issued within 10 days after the erection or alteration of the building
or land shall have been completed. A record to all certificates shall
be kept on file in the office of the Construction Official and copies
shall be furnished upon request to any person having a proprietary
or leasehold interest in the building or land affected.
D. No permit for excavation for, or the erection of,
any building shall be issued before application has been made for
a certificate of occupancy.
When a new lot or lots are formed from part
of a parcel of land, the separation must be effected in such a manner
as not to impair any of the provisions of this Part 3.
Public utilities and any public uses may be
located in any of the zone districts as a conditional use. However,
before a building permit or certificate of occupancy shall be issued,
application shall be made to the Planning Board, which, after a hearing,
may grant or deny such a permit or certificate if, in the Board's
judgment, it will not be detrimental to the health, safety and general
welfare of the community and is reasonably necessary for the convenience
of the community.
Every lot must provide front, rear and side
yards, as required by its zone district. All front yards must face
upon a dedicated public street or private street after its location
has been approved by the Planning Board, and no lot may contain more
than one principal building, except as otherwise provided in this
Part 3. On rights-of-way less than 50 feet in width, the required
front yard shall be increased by 1/2 the difference between the width
of the right-of-way and 50 feet. Houses constructed on corner lots
shall face on one street only.
[Amended 1-11-1988 by Ord. No. 1987-16]
No accessory building may be built on any lot
on which there is no principal building or structure, excepting, however,
upon an adjacent lot where there is a principal building or structure
in common ownership and in the same zone district.
A. No accessory building shall exceed 13 feet in height,
except in the industrial zones.
B. Accessory buildings shall be at least 10 feet from
any principal building situated on the same lot and shall be at least
six feet from any other accessory building. All accessory buildings
shall be constructed with a side yard and rear yard setback of five
feet or more from the side and rear property lines.
C. If an accessory building is attached to the principal
building, it shall be considered an extension to the principal building
and not a separate structure.
D. Accessory buildings on corner lots may not be erected
nearer to the street than the front yard required on the adjacent
lot.
E. Accessory buildings shall not be erected in the front
half of the lot unless an integral part of the principal building,
but in no case need the same be set back more than 75 feet from the
front property line.
F. Accessory buildings shall not be erected in a required
buffer strip.
G. Accessory buildings for townhouse properties in the
PAS District shall be set back from the rear and side lot lines at
least three feet, unless there is a fence which creates a solid visual
screening barrier at least four feet high along the property line,
in which event the accessory building may be placed immediately adjacent
to the fence, provided, however, that no portion of the accessory
building shall extend beyond the property line. No accessory building
in the townhouse area of the PAS District shall exceed eight feet
in height, nor shall any accessory building in the townhouse area
of the PAS District occupy more than 64 square feet of area. No accessory
building shall be placed in any manner which shall block the natural
storm drainage flow, as determined by the Township Engineer.
[Added 8-12-1996 by Ord. No. 1996-10]
No building to be used as a dwelling shall be
constructed, altered or moved in the rear of a building situated on
the same lot, nor shall any building be constructed in front of, or
moved to the front of a dwelling situated on the same lot.
No lot, yard, parking area or other space shall
be so reduced in area or dimension as to make said area or dimension
less than the minimum required under this Part 3. If already less
than the minimum required under this Part 3, said area or dimension
shall not be further reduced.
[Amended 1-11-1988 by Ord. No. 1987-16]
A garage for not more than three cars, i.e.,
three bays, may be constructed on a single lot. No bay in the garage
shall exceed 12 feet by 24 feet. Not more than one commercial vehicle,
owned and used by a resident of the premises, shall be permitted to
be regularly garaged on a lot in a residential zone district.
A. It shall be unlawful to park any commercial vehicle
registered for over 9,000 pounds gross vehicle weight in or upon any
street, avenue or alley, or upon any municipal property in any zoning
district within the boundaries of the Township, or upon any lot, unless
the vehicle is housed in a garage or is situated behind the building
setback line and is completely screened from public view and the view
of adjoining property owners by a fence, wall or series of plantings.
The provisions hereof shall not apply to the delivery of goods, rendering
of services or in the case of emergency or when an unusually heavy
snowstorm makes off-street parking impracticable.
[Amended 5-8-1995 by Ord. No. 1995-9
and 6-9-1997 by Ord. No. 1997-12]
B. Notice of the restriction contained in Subsection
A of this section shall be given by the enforcement official to the owner of any motor vehicle violating said provision as a condition precedent to prosecution hereunder, and thereafter any violation by the owner will constitute a violation of this provision, and the posting of signs shall not be necessary in the enforcement thereof.
A. No zoning permit shall be granted for a building or
use if the design or construction of the same involves, or is likely
to involve, exceptional risks of traffic congestion, public safety
or hazard.
B. If the design, construction or use of any building
not previously approved by a variance or site plan is so markedly
incongruous with the character of the neighborhood as to materially
affect the value of adjacent or nearby property, the Construction
Official shall deny the permit.
Before issuing a construction permit for construction
of any premises intended for a combination of dwelling and commercial
occupancy or which would result in an increased number of dwelling
units within a building partly occupied by business usage or which
would result in an increased area devoted to business usage within
a building partly occupied as a dwelling, the Construction Official
shall refer the plans to the Township Fire Inspector and Health Officer
and request their respective reports as to any hazards that exist
or may be expected to exist and their recommendations as to desirable
additional provisions or changes in the interest of safety shall be
complied with before the building permit shall be issued. Where mixed
occupancy includes residential units, the side, rear yard and area
requirements of the R-3 Residence and Zone Districts and shall be
met.
A. Traffic visibility across corner lots. On any corner
lot in any zone district, no fence, structure or planting over 30
inches in height shall be erected or maintained within 20 feet of
the corner property line so as to interfere with traffic visibility
across the corner.
B. Setback on corner lots. Where a lot is bounded by
more than one street, the yard depth or setback from each street shall
be determined by the conditions existing on that street or the front
yard setback of both streets.
Temporary permits may be authorized by the Zoning
Officer for a period not to exceed one year for nonconforming uses
incidental to construction projects on the same premises and including
such uses as storage of building supplies and machinery, the assembly
of building materials and the offices of the contractor/architect.
The issuance of such permits shall be conditional upon agreement by
the owner to remove any structure or structures erected thereunder
and to discontinue such uses upon expiration of the temporary permit.
Such permits may be renewed by the Zoning Officer annually, over a
period not to exceed three years.
A. The temporary permit shall be automatically revoked
should the construction activity cease for a period of four months.
B. A temporary permit may also be authorized for the
location of a real estate sales office located on the tract for sale,
provided that the sales office must be disbanded and/or removed upon
revocation of the temporary permit for the storage of building supplies
and machinery or within six months after the completion of construction
activity.
C. The Zoning Officer shall only issue temporary permits
after he is satisfied that the location of the stored materials and/or
sales offices shall not constitute a traffic or pedestrian hazard
and shall not adversely impact upon adjacent properties.
The control and regulation of the uses of buildings
and structures as herein provided shall apply equally to the nature
and extent of the use of land.
[Amended 3-22-2004 by Ord. No. 2004-6; 2-26-2007 by Ord. No.
2007-02; 9-22-2008 by Ord. No. 2008-23]
A. No owner or tenant of any tract of land or lot within
the Township zoned or utilized for residential use shall use such
lot to store, maintain or keep for longer than 10 days in any six-month
period any recreational vehicle, trailer, boat, boat and trailer combination,
motor home, trailer, construction trailer, utility trailer, camper
or similar vehicle or unit (hereafter "recreational or similar unit")
except in compliance with the provisions of this section. Recreational
or similar units shall be registered to the owner of the track of
land or lot in which it is to be stored, maintained or kept. The erection
or use of any tent, trailer, recreation vehicle or camper as a dwelling
is prohibited.
B. Recreational or similar units may be stored provided
they are wholly contained within the confines of a building or parked
on an area behind the front building setback line and screened from
view from public streets and adjoining properties at eye level by
a berm, wall, fence, landscape planting or combination thereof. For
purposes of this section, an alley shall not be considered a public
street.
C. Where, by reason of the size of the recreational or
similar unit, the size of the lot in question, the proximity of neighboring
properties, or other circumstances beyond the control of the property
owner, full screening cannot be provided, it shall be sufficient for
the screening to block from view the first four or six feet of height
of the recreational or similar unit. Whether the circumstances of
a given lot justify the use of this lesser screening standard shall
be determined in the sound discretion of the zoning officer. A denial
of the use of such lesser screening shall be subject to appeal in
the same way and manner as any other decision of the zoning officer.
D. It shall be unlawful for the owner or tenant of any
tract of land or lot within the Township to store, maintain or keep
for longer than five days in any six-month period any unregistered
or inoperable vehicle, including vehicles not displaying a current
inspection sticker or incapable of passing vehicle inspection, on
any land, lot, alley or public street unless such vehicle is stored
within the confines of a building or situate behind the front building
line and screened from view from adjoining properties and public streets
by a berm, wall, fence, landscape planting or combination thereof.
Notwithstanding any other provisions of this
Part 3, the height requirements of all zones shall be subject to the
following exceptions: chimneys, fire towers, stacks, monuments, cupolas,
domes and spires, water towers, radio towers and television antennas,
except that in no event shall any structure exceed 100 feet in height.
[Amended 8-30-1982 by Ord. No. 1982-14]
A. Definitions. As used in this section, the following
definitions shall apply:
LICENSED
A permit or grant of authority from the State of New Jersey
or the Township of Mount Holly to perform an activity or service.
MASSAGE PARLORS
Any establishment or building wherein massages or body rubs
are given or offered to members of the general public, except those
in a hospital or licensed physician's office or given by a licensed
physician or physical therapist.
TATTOO PARLORS
Any establishment or building wherein human beings are tattooed.
This shall not include any building or establishment where a human
being is tattooed by a licensed physician for medical purposes.
B. Prohibited uses.
[Amended 6-13-2016 by Ord. No. 2016-18]
(1) Any use not specifically prohibited in each of the zones provided
for in this Part 3 are prohibited in that particular zone. Prohibited
uses in all zones, unless otherwise allowed, include but are not limited
to, use of coin-operated adult entertainment devices, massage parlors,
tattoo parlors and boardinghouses, lodging houses or rooming houses.
(2) No building in the Township shall be used both as a boardinghouse
or tenement house and an apartment house, exclusive of those buildings
where one apartment is used by the owner or operator and the rest
of the building is used as a tenement or boardinghouse.
C. Nothing in this article shall permit the establishment or conversion of a multifamily dwelling in any zone, except where permitted by Chapter
149, Article
III, Zoning; nor the continuation of such nonconforming use in any zone, except as provided therein.
[Added 6-13-2016 by Ord.
No. 2016-18]
The following minimum floor areas shall be provided
in each new dwelling unit exclusive of porches, basements, breezeways
and attached garages:
A. One bedroom: 650 square feet.
B. Two bedrooms: 850 square feet.
C. Three bedrooms: 1,050 square feet.
D. For each additional bedroom: add 200 square feet.
[Amended 6-22-1992 by Ord. No. 1992-5; 10-23-2006 by Ord. No. 2006-24]
The Zoning and Land Use Regulations of this
Code shall be enforced by the Zoning Officer or by any police officer
of the Township as to complaints, violations, and the prosecution
of the same. General administration of these provisions shall be the
responsibility of the Zoning Officer. Neither the Zoning Officer nor
Construction Official shall issue any permit for the erection or structural
alteration of any building or land where the proposed activity would
be a violation of any of the provisions of the Township Zoning or
Land Use Regulations except upon written action by the Planning Board.
It shall be the duty of the Zoning Officer, or any police officer,
to investigate any complaints of violations, and, when appropriate,
serve notice of violation upon the owner and occupant of the premises.
The Zoning Officer shall regularly report to the Township Council
as to all violations and the results of enforcement activity.
Any conditional use or variations from this
Part 3 granted by the Board to an applicant shall expire if no construction,
alteration or conversion has been commenced within one year from the
date of granting said conditional use, special exception or variance.
A. Any owner or agent and any person or corporation who
shall violate any of the provisions of this Part 3 or fail to comply
therewith or with any of the requirements thereof or who shall erect,
structurally alter, enlarge, rebuild or move any building or buildings
or any structure or who shall put into use any lot or land in violation
of this Part 3, any detailed statement or plan submitted hereunder
or who shall refuse reasonable opportunity to inspect any premises
shall be, upon conviction, liable to a fine of not more than $1,000
or to imprisonment for not more than 90 days, or to both such fines
and imprisonment. Each and every day such violation continues shall
be deemed a separate and distinct violation.
[Amended 6-22-1992 by Ord. No. 1992-5]
B. The owner of any building or structure, lot or land or part hereof where anything in violation of this Part
3 shall be placed or shall exist and any architect, building contractor, agent, person or corporation employed in connection therewith and who assists in the commission of any such violation shall each be guilty of a separate violation and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified in Subsection
A above.
[Amended 1-11-1988 by Ord. No. 1987-16]
A. No fence shall be erected within the front yard which
is of solid construction or greater than 48 inches in height. No fence
shall be erected within side or rear yards greater than 72 inches
in height.
B. No fence shall be constructed within one foot of a
Township road, street or right-of-way. All fences must be maintained
by the owner and kept in alignment and shall be maintained in a safe,
sound and upright condition.
C. Front fences on corner properties shall not be constructed
of materials that would block the view of vehicular traffic at the
intersection. No fence may be constructed using barbed wire fencing
materials nor shall any fence be electrified.