This Part 2 shall be known and may be cited as the "Zoning Ordinance of the Township of Quinton, New Jersey."
This Part 2 is adopted pursuant to the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.) and subsequent amendments and supplements thereto, in order to promote and protect the public health, safety, morals and general welfare.
For the purpose of this Part 2, the Township of Quinton is hereby divided into the following districts, differentiated according to use, area and bulk requirements, to be designated as follows:
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District
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Type of Use
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|---|---|
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R1 Residence District
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Low-density residential
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R2 Residence District
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Low-medium-density residential
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P-BR Residence District
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Rural-density residential
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VR Residence/Commercial District
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Mixed use
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HC Commercial District
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Highway commercial
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LIO Industrial/Office District
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Industrial, office
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M Manufacturing
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Manufacturing
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[Amended 4-5-1993 by Ord. No. 1993-4]
The boundaries of these zoning districts are established on the map entitled, "Zoning Map of the Township of Quinton," dated March 3, 1993, which accompanies and is hereby made part of this Part 2. The Zoning Map shall be the official reference as to the current zoning classification of any land within the boundaries of Quinton Township.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
A.
Zoning district boundary lines are intended to follow the center lines of streets, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of enactment of this Part 2 unless otherwise indicated by dimensions on the Zoning Map.[1] Any dimensions shown shall be in feet and measured horizontally
and, when measured from a street, shall be measured from the street
right-of-way line even if the center line of that street is used for
the location of a zoning district line.
[1]
Editor's Note: The Zoning Map is on file in the Township offices.
B.
The exact location of any disputed zoning district boundary line
shall be determined by the Board of Adjustment.
C.
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.
D.
Where a zone boundary fixed by dimension on the Zoning Map approximately
follows and is not more than 20 feet from a lot line, such lot line
shall be construed to be the zone boundary.
E.
In unsubdivided land and where a zone boundary divides a lot, the
location of such boundary, unless the same is indicated by dimensions
are not shown on the map, the location of boundaries shown on the
map shall be determined by the Zoning Officer by application of a
scale thereto.
F.
Boundaries indicated as approximately following municipal limits
shall be construed as following municipal limits.
G.
Where a zoning lot is located in part in one zoning district and
in part in another zoning district, the entire zoning lot or portion
thereof located in the neighboring zone may be used for a purpose
permitted in either zone upon application for a conditional use permit
and upon the determination by the Planning Board that the following
standards and conditions are met:
(1)
The use contemplated can be best established by utilizing the portion
of the zoning lot in the neighboring zone district without materially
affecting the adjoining areas.
(2)
The site plan shall be appropriate to the adjoining area.
(3)
A set of plans, specifications and plot plans shall be filed with
the Planning Board, showing overall dimensions, existing and proposed
buildings, the relationship of the proposed use to the streets and
adjacent property and other physical features which might act as a
deterrent to the general welfare.
H.
Where physical or cultural features existing on the ground are at
variance with those shown on the official Zoning Map,[2] or in other circumstances not covered by subsections above,
the Board of Adjustment shall interpret the district boundaries.
[2]
Editor's Note: The Zoning Map is on file in the Township offices.
I.
Whenever any street or public way is vacated by official action,
the zoning districts adjoining the side of such public way shall be
automatically extended to include the right-of-way thus vacated, which
shall thenceforth be subject to all regulations of the extended district
or districts.
Following the effective date of this Part 2:
B.
Where the provisions of this Part 2 impose greater restrictions than those of any statute, other ordinance or regulation, the provisions of this Part 2 shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Part 2, the provisions of such statute, other ordinance or regulation shall be controlling.
C.
Except as otherwise expressly provided in this Chapter 170, wireless telecommunications facilities, as defined in § 170-7C, are prohibited in all Quinton Township zoning districts. See Part 6, Article XXV, for procedures applicable to variance applications for wireless telecommunications facilities; see also applicable district regulations and § 170-176 review procedures for "eligible facilities requests" involving no "substantial change" as permitted uses.
[Added 5-1-2018 by Ord.
No. 2018-02]
D.
All classes
of "cannabis establishments" (including "cannabis cultivators," "cannabis
manufacturers," "cannabis wholesalers," and "cannabis retailers"),
"cannabis distributors," and "cannabis delivery services," as such
terms are defined in Section 3 of the "New Jersey Cannabis Regulatory,
Enforcement Assistance, and Marketplace Modernization Act" (P.L. 2021,
c. 16) (the "Act"); all medical cannabis-related land use and development,
including but not limited to medical cannabis cultivators, medical
cannabis manufacturers, medical cannabis dispensaries, and all other
"alternative treatment centers" as defined by the Act; and all other
cannabis-, medical-cannabis-, and marijuana-related land use and development,
whether recreational, medical or otherwise, and whether or not licensed
or regulated pursuant to other laws, including but not limited to
cannabis, medical cannabis, and marijuana cultivation, production,
manufacturing, testing, and sales are prohibited in all Quinton Township
zoning districts, provided that the lawful transfer and delivery of
cannabis items, medical cannabis items, and cannabis- and medical-cannabis-related
supplies to locations within Quinton Township by transfer or delivery
services that are based outside of Quinton Township, and the lawful
possession and lawful private use of cannabis, medical cannabis, or
other marijuana-related products by persons within Quinton Township
shall not be prohibited. The foregoing prohibitions have been enacted
in conformance with Section 31.b. of the Act, to become effective
prior to the August 22, 2021, deadline established in Section 31.b.
of the Act.
[Added 7-6-2021 by Ord. No. 2021-07]
A.
Applicability.
(1)
Each municipality which contains within its boundaries any part of a delineated airport hazard area, as defined by N.J.A.C. 16:62-3.1, shall enact an ordinance or ordinances incorporating the standards promulgated under this Part 2. These standards shall also become a part of the master plan of development for each affected municipality which has a master plan. Although Grieves Aerial Ag Service does not meet the definition of a "public use airport" pursuant to state statute, the Township feels it prudent to adopt land use regulations to maintain the viability of this airport, while simultaneously protecting surrounding land uses.
(2)
Each municipality affected under this Part 2 shall transmit to the Division of Aeronautics at time of adoption, amendment or when requested, a valid copy of this Part 2 and a local development master plan shall be transmitted to the following address:
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New Jersey Department of Transportation
Division of Aeronautics
Air Safety and Hazardous Zoning Permits
1035 Parkway Avenue
CN 600
Trenton, New Jersey 08625
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(3)
The Director of the Division of Aeronautics will review ordinances and master plans enacted by municipalities to implement the standards of this Part 2.
(4)
No variance or other relief from the standards promulgated by or under this Part 2 may be granted by a municipality to itself or any person except upon the condition that the variance or relief is contingent upon the issuance of a permit allowing the variance or relief by the Commissioner.
(5)
Municipalities which contain within their boundaries airports regulated by the provisions of this Part 2 may not hereafter classify those airports as nonconforming land uses within the context of their ordinances or master plans of development. Those municipalities which may currently classify an airport as a nonconforming land use within the context of their ordinances or master plans of development shall amend those ordinances or plans to eliminate that nonconforming status.
B.
Delineation of airport hazard areas.
(1)
This subsection describes the methodology to be used in delineating
airport hazard areas.
(2)
The methodology will be applicable for most airports in New Jersey.
However, in certain instances, as a result of local conditions, it
may be necessary to establish special standards for an airport. Subchapter
7 of N.J.A.C. 16:62-2.1 3.1 has been reserved for this purpose.
C.
Minimum land use standards.
(1)
Within the hazard areas delineated in N.J.A.C. 16:62-3.1, each municipality
shall implement under N.J.A.C. 16:62-2.1 ordinances which implement
the following standards for land use around airports. These standards
are hereby implemented by reference. Prohibited land uses are specifically
prohibited without the written approval of the Commissioner of the
Department of Transportation. Prohibited land uses may be allowed
by the Commissioner on airport property when they are determined necessary
by the Director for air commerce purposes or for the operation of
the airport and its vendors directly serving air commerce needs. An
example of this is a flight school.
(b)
Specifically prohibited land uses. Prohibited land uses shall
be as follows:
[1]
Residential uses (dwelling units).
[2]
Planned unit developments and multifamily dwellings.
[3]
Hospitals.
[4]
Schools.
[5]
Aboveground bulk tank storage of compressed flammable or compressed
toxic gases or liquids.
[6]
Within the runway end subzones only, the aboveground bulk tank
storage of flammable or toxic gases or liquids.
[7]
Uses that may attract massing birds, including landfills.
[8]
Above-grade major utility transmission lines and/or mains.
(2)
Subject to review by the Director of the Division of Aeronautics, a municipality may implement land uses substantially similar to those listed as permitted land uses in Subsection C(1)(a)[1] through [4] above as long as they are in accord with the intents of this Part 2 as determined by the Commissioner. A municipality may not, however, implement a land use ordinance or plan which may have the effect of allowing or promoting the establishment of specifically prohibited land uses as determined by the Commissioner. A municipality, further, may not implement ordinances which would have the effect of preventing routine improvement of an aeronautical facility or airport within the area zoned under this Part 2.
Uses listed as conditional uses in a particular district may be permitted by the Planning Board only if it has been determined that the development proposal complies with the conditions and standards set forth in this Part 2 for the location and operations of such use.
Site plans for all property uses, except individual single-family residences, custom-designed for the owners' own occupancy, and those exemptions as permitted by Part 3, Site Plans, shall be reviewed and approved by the Planning Board prior to the issuance of a building permit. In considering any site plan hereunder, the Planning Board shall be governed by the objectives and standards contained within the Part 3, Site Plans, and other applicable ordinances of Quinton Township.
[Amended 3-2-1994 by Ord. No. 1994-2]
A.
Temporary uses of land or temporary activities such as fairs, carnivals
and circuses, for a period not to exceed 15 calendar days for each
sponsor in any calendar year, shall be permitted in all districts.
However, all such temporary uses or activities shall require a special
permit issued by the Construction Official, and shall be subject to
the provision of adequate off-street parking and control of traffic,
noise, glare, dust and sanitary concerns. The fee for a special permit
issued to a for-profit entity shall be $2 per parking space as required
by the Construction Code Official and payable for each day the activity
takes place. A nonprofit entity shall pay $250 to the Township which
shall be held in escrow during the activity and up to four weeks thereafter,
which may be spent, at the Township's discretion, for cleanup and
special police services. At the expiration of 28 days following the
conclusion of the activity, the fund remaining in escrow, if any,
shall be returned to the entity.
B.
A homeowner or nonprofit institution may hold a yard sale or tag
sale on the premises owned by the homeowner or institution two times
in any calendar year upon obtaining a permit. The tag or yard sale(s)
shall not exceed two consecutive days. The permit fee for such a sale
shall be $10, and the permit must be obtained from the Zoning Officer.
A maximum of four temporary off-premises directional signs, measuring
not over six inches by 18 inches each for tag sales, are permitted.
A permit must be obtained from the Zoning Officer for the use of such
signs. Signs must be removed by the permittee within three days after
the event.
[Amended 12-19-2000 by Ord. No. 2000-5]
A.
The erection, installation or maintenance of temporary signs other than as set forth below is hereby prohibited. They shall be subject to sign standards contained in the Part 3, Site Plans, except as may be modified herein. Persons placing signs on property in which they do not have an interest which permits them to do so shall secure the permission of the owner. No sign shall be placed on utility poles.
(1)
Temporary signs for fund-raising, charitable or religious events.
Such temporary signs shall be permitted in all districts for a period
of 30 days prior to the particular event. They shall be removed within
seven days subsequent to the event by the respective organizations.
Such signs shall not exceed 16 square feet, and no side of any sign
shall be more than six feet in any linear dimension. There shall be
no limit on the number of such signs that may be placed on any one
lot.
(2)
Temporary political signs. Temporary political signs shall be permitted
in all districts for a period of two months prior to a primary, general
and/or special election and for one week thereafter. Said signs shall
not exceed 16 square feet, and no side of any sign shall be more than
six feet in any linear dimension. There shall be no limit on the number
of such signs that may be placed on any one lot.
(3)
Temporary signs containing noncommercial messages. Temporary signs in addition to those set forth in Subsection A(1), (2) and (4) hereof shall be permitted in all districts, provided that they do not advertise, promote or indicate the location of any business, commodity, service or entertainment or contain other commercial information. No more than one such sign shall be placed on any one lot, and the total square footage of the sign shall not exceed 16 feet. Signs permitted by Subsection A(1) and (4) hereof shall not be treated as signs coming within the purview of this section.
(4)
Temporary signs and real estate and development signs. Such temporary
signs shall be permitted in applicable districts according to the
criteria stipulated in Table A, Temporary Real Estate and Development
Sign Regulations.
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Table A
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|---|---|---|---|
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Temporary Real Estate and
Development Sign Regulations
| |||
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Permitted Sign Area
| |||
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Sign Type
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Sign Function/Control
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Residential Projects
(square feet)
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Non-Residential Projects
(square feet)
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T-A
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Identifies architects, engineers, contractors, and developers
doing work on the site; removed when work ceases or is abandoned according
to N.J.A.C. 5:23-2.5(c) 2, or a final certificate of occupancy (CO)
for total project is issued
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4 per entity, or if all such entities are combined on 1 sign
it shall not exceed 36
| |
|
T-B
|
Real estate signs on individual properties for sale, rent or
lease; removed when property withdrawn from market or within 1 week
of date of sale/rental agreement
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12
|
32 for initial occupancy, 12 for subsequent occupancy
|
|
T-C
|
Identifies nonresidential projects under construction, opening
date for occupancy; removed within 1 year of issuance of sign permit
or at time of final CO, whichever comes first; 1 per lot or 1 per
existing road frontage
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N/A
|
32
|
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T-D
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Identifies new housing development under construction; removed
when 90% of all initially approved lots or units are sold; 1 per tract
or 1 per existing road frontage
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32, plus 20 in connection with and on same lot as sales office
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NOTES:
| |
|---|---|
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1.
|
For nonresidential projects only, all temporary signs T-A to
T-C, as appropriate, may be combined into one sign not exceeding the
sum of individual sign areas.
|
|
2.
|
State/federal agency financing signs are exempt.
|
|
3.
|
Signs may be two-sided, with a perimeter not to exceed the individual
sign area or, if combined onto one sign, the total area of the sign.
|
|
4.
|
Sign height and location shall be as stipulated for permanent signs per Part 3, Site Plans.
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In this Part 2, any reference to the Planning Board shall be considered to refer to the Zoning Board of Adjustment in those instances where the Zoning Board of Adjustment has jurisdiction as granted by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), and vice versa.
