A.
Relationship to other articles. This article establishes the use, bulk requirements, and other regulations governing the zones created in Article III. Article II is the compendium of definitions for terms in this article and throughout the Zoning Ordinance. The performance regulations and design standards that are contained in Article V provide the basis for the physical development and redevelopment of land within the zoning classifications. Article VII contains the standards of review upon which all applications for subdivision or site plan are measured.
B.
Deviations. Deviations from the requirements of this article shall be considered variances pursuant to N.J.S.A. 40:55D-60 and 40:55D-70. Deviations from the performance, design, and improvement standards in Article V shall be considered exceptions pursuant to N.J.S.A. 40:55D-51, except herein below. Deviations from the performance and design standards for certain sections defined in Article V shall require application and granting of variances prior to the issuance of a building permit and certificate of occupancy, including:
C.
Nonconforming uses and structures. Any nonconforming use or structure as defined in Article II existing on the effective date of this Ordinance may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof. Any such use or structure that is substantially destroyed shall not be reconstructed or used except in conformance with this Ordinance.
1.
Substantial destruction. Any nonconforming building, structure or use that has been condemned or damaged by fire, explosion, flood, windstorm, or other natural disaster shall be examined by the Administrative Officer. If, in the opinion of the Administrative Officer, the cost of repair is greater than 50% of the value of replacing the entire structure, it shall be considered completely destroyed and may be rebuilt to the original specifications only upon approval of a variance. If the cost of repair is less than 50% of the value of replacing the entire structure, it may be rebuilt, and used for the same purpose as before and does not exceed the height, area, and volume of the original structure. The percent damaged shall be the current replacement costs of the portion damaged or condemned, computed as a percentage of the current total replacement cost of the entire structure, neither to include the cost of the foundation unless the foundation is involved in the repair.
2.
Repair. Repairs and maintenance work required to keep a structure in sound condition may be made to a nonconforming structure containing a nonconforming use. However, no nonconforming structure or structure containing a nonconforming use shall be enlarged, extended, constructed, reconstructed or structurally altered in any manner without an appeal for variance relief.
3.
Abandonment. The following shall apply to an abandonment of nonconforming use or structure:
a.
If a nonconforming use or structure ceases operations for a continuous period of more than one year and the owner thereof makes little or no attempt to use the property for its nonconforming use or to lease to a tenant for such use, then this shall be deemed to be an intent to abandon the nonconforming use or structure and any subsequent use shall conform to the regulations of this Ordinance. Any dispute of the determination of intent to abandon shall be able to appeal to the Zoning Board of Adjustment pursuant to N.J.S.A. 40:55D-70a.
b.
Any appellant to the Zoning Board of Adjustment, in accordance with Subsection C.3.a, shall first have the burden of proof to provide testimony and evidence that such use or structure is legally nonconforming.
D.
Nonconforming lots.
1.
Merging of substandard lots. Whenever title of two or more contiguous lots is held by the same owner, regardless of whether or not each of the lots may have been approved as portions of a subdivision or acquired by separate conveyance or by other operation of law, and one or more individual lots should, by reason of exceptional shallowness, topographical conditions, substandard area or yard space, or similar measurements, not conform with the minimum lot area and dimension requirements for the zone in which it is located, the contiguous lots shall be merged into a single lot.
2.
Nonconformity from public dedication. Whenever the owner of a lot existing at the time of adoption of this ordinance has dedicated or conveyed land to the municipality, County or State in order to meet the minimum street width requirement of the Official Map or master plan of the municipality, the Zoning Officer shall issue Zoning Permits for the lot whose depth and/or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
3.
Expansion of building on undersized lot. Any existing lot on which a building or structure is located containing a conforming structure that does not meet the minimum lot size, or a building or structure that violates any yard requirements, may have additions to the principal building and/or construction of an accessory building without any appeal for variance relief provided:
E.
Accessory buildings and uses. The following regulations shall apply to all accessory buildings:
1.
Any accessory building attached to a principal building shall be considered part of the principal building and the total structure shall adhere to the yard requirements for the principal building regardless of the technique of connecting the principal and accessory buildings.
2.
No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for the construction of the principal building upon the same premises. If construction of the principal building does not precede or coincide with the construction of the accessory building, the Zoning Officer shall revoke the Zoning Permit for the accessory building until construction of the main building has proceeded substantially toward completion.
3.
An accessory building or structure may be constructed in side and rear yards only and shall be set back from property lines as required in each subject zone. In the event that no accessory building or structure setback is established in the particular zone, the setback requirements for principal buildings shall apply.
4.
Accessory parking facilities and nonresidential driveways extending across more than one zoning district within a single lot shall be permitted to provide accessory parking for, and access to and/or from, a permitted use situated within the same lot. This is notwithstanding that all or part of the parking facilities and/or driveway is located in a zoning district which does not permit the use to which the parking facilities and/or driveway are accessory.
F.
Bulk regulation measurements. Measurements for the determination of building and structure setbacks, required yard areas, landscape buffer widths, and other dimensional requirements from rights-of-way or watercourses shall be taken from the edge of the right-of-way or top of stream bank rather than from the center. In the event that additional land dedication or reservation for right-of-way purposes is required by a municipal agency or other level government; or a future right-of-way has been established on the Official Map, Circulation Element of the Master Plan, or by another level of government, such measurement shall be made from the future right-of-way or reservation line, except as may be permitted under § 40-401D.2 above.
G.
Exceptions to height limitations. The height limitations of this Ordinance shall not apply to church spires, belfries, cupolas, domes, monuments, parapets, solar panels, chimneys, smokestacks, flagpoles, masts and aerials, barns, silos, stairways, elevator penthouses, stair towers, skylights, ventilating fans, air conditioning, mechanical infrastructure or similar equipment required to operate and maintain the building which may be erected above the height limits prescribed by this Ordinance, but in no case shall such extension exceed 10% of the maximum height otherwise permitted in the zone.
H.
General requirements for special lots.
1.
Corner lot. The following regulations shall apply to corner lots:
a.
All corner lots shall be considered to have a primary front yard and a secondary front yard, one side yard, and one rear yard.
b.
The landowner of any building that a construction permit has been issued for prior to the effective date of this Ordinance may establish the front yard as the yard abutting an arterial or collector street for purposes of the application of yard and other bulk regulations.
2.
Reverse frontage. Residential lots that have frontage on both a residential access or subcollector street and another street shall establish the primary front yard facing the interior lowest order street and the rear yard abutting the higher order street. Where a lot backs to a higher order street, a minimum setback of 30 feet shall be provided from such street.
3.
Culs-de-sac or curved streets frontage. The minimum lot frontage may be reduced on curved alignments with an outside radius of less than 500 feet to not less than 70% of the required minimum provided that the width of the lot at the building setback line is equal to or greater than the minimum lot frontage requirement.
4.
No public sewer. Where no public sewer is available, the minimum lot size shall be one acre.
I.
Special minimum setback requirements.
1.
Residential lots. No detached dwelling, accessory building or structure, or driveway otherwise permitted in this Ordinance shall be located within three feet of a side or rear lot line in order to maintain positive lot drainage, unless a lot grading plan is submitted and approved by the Municipal Engineer.
2.
Transmission lines. No building shall be placed within a high voltage transmission line (excluding its support), underground petroleum, or natural gas transmission pipeline corridor.
3.
Public wellheads. No disposal of effluent outside of the conveyance system of Cherry Hill Township shall be permitted within 300 horizontal feet of a public water supply wellhead. No service station, dry cleaning operation or underground petroleum tank shall be located within 1,000 horizontal feet of a public water supply wellhead.
J.
Specifically prohibited uses. Any use not permitted within this Ordinance shall be prohibited, with the following uses specifically prohibited:
1.
Automobile wrecking and junkyards.
2.
Accessory dwelling units, "mother-in-law" suites, and the like.
3.
Airfields, heliports and helistops.
4.
Drive-in restaurants.
5.
Mobile home dwelling units.
6.
Used automobile sales, except as an accessory use to a factory-authorized new automobile sales dealership, where permitted.
7.
Outdoor storage of any type unless approval is granted by the Planning Board, Zoning Board or Zoning Officer, subject to the design and performance standards as required in Article V.
8.
Quarrying, mining, soil stripping, or other resource extraction. Removal of excess soil as a result of an approved site plan or subdivision application shall not be considered prohibited under this provision, as long as the Planning Board, Zoning Board or Township Engineer determines that only excess soil is proposed for removal based upon the approved plans.
9.
Sanitary landfills, incinerators, transfer stations, or resource recovery facilities, except upon land owned by the Township.
K.
Open space. Open space, as defined in § 40-202, shall be required for every nonresidential property, which conforms to the following:
1.
At least 25% of the gross usable site, within property lines, shall be usable open space. Open space shall include, but not limited to, any land that is a contiguous area of at least 100 square feet, which is unimproved land and any improvements incidental to the natural openness of the land.
2.
Open space shall not include any area for motorized vehicle uses (including reserved parking), any drainage areas, such as stormwater basins, stormwater facilities, retention ponds, swales and stone filters, any natural unusable areas such as wetlands and floodplains, and contiguous areas under 100 square feet.
