The power to regulate zoning is contained in R.S. 40:55D-1, et seq.
ATTACHMENTS
Attachment 1 - Schedule of Area, Yard and Bldg RequirementsAttachment 2 - Zoning MapAttachment 3 - Historic District MapAttachment 4 -Addendum I MapAttachment 5 - Addendum I Table
[Ord. 303]
This chapter shall be known and may be cited as "The Hopewell Borough Zoning Ordinance of 1968, as amended".
[Ord. 217]
The purpose of this chapter is to encourage the most appropriate use of land through the borough and to conserve the value of property, with due consideration for the character of the zones and their peculiar suitability for particular uses, all in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, flood, panic, and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population, and to that end to regulate the height, design appearance, number of stories and size of buildings and other structures; the percentage of the area of the lot that may be occupied; the size of yards, courts, and other open spaces; the density of population, and the location and use of buildings, structures, and land for trade, industry, residence or other purposes; and the height, size, and location of these uses within the limits of the borough.
[Ord. 217]
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.
[Ord. 217; Ord. 266; Ord. 302; Ord. 303; Ord. 331; Ord. 391; Ord. 479; Ord. 480; Ord. 550; Ord. 578; Ord. 610; Ord. 704]
For the purposes of this chapter, the following terms are herewith defined to mean and shall be construed to mean the following:
A secondary residential or home-based occupation unit, either attached or detached, on the same lot as the primary unit.
As applied to a building or a structure, a change or rearrangement in the structure parts or in the existing facilities or an enlargement whether by extension of a side or by increasing in height or by moves from one location or position to another.
Premises on which are held at periodic times auction sales or merchandise or any other personal property and which are conducted as business for profit.
Any area or structure used or intended to be issued for the conducting and operating of the business of selling, buying, storing, or trading in used or discarded metal, glass, paper, cordage or any used or disabled fixtures, vehicles or equipment of any kind.
A story partly underground and having more than one-half of its height above the average level of ground abutting the building.
Any sign not located on the property to which it relates, used to identify the product made or the activity being pursued by an individual, business, service, commercial or industrial enterprise, for the purpose of apprising the public of the location of such enterprise or the type of activity in which it is engaged.
A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development. See Figure 1.
Figure 1, Illustrating "Block"
A residential building in which the principal resident family serves meals to persons who may or may not normally reside in the subject building. Where changes in the outward appearance or structural configuration of the residential building have been made or are contemplated to accommodate the preparation or serving of such meals, the use shall be deemed to be a restaurant and shall be subject to the regulations and standards established therefor in the borough.
A combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
The aggregate of the areas of all enclosed and roofed spaces of the principal building and all accessory buildings. Such areas shall be computed by using outside building dimensions measured on a horizontal plane at ground level.
The vertical dimension measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof of the top story in the case of a flat roof; to the deckline of a mansard roof and to the average height between the plate and ridge of a gable, hip or gambrel roof.
A line formed by the intersection of a horizontal plane at average grade level and a vertical plan that coincides with the exterior surface of the building on any side. In case of a cantilevered section of a building or projected roof or porch, the vertical plane will coincide with the most projected surface as covered in subsection 12-4.7. All yard requirements are measured to the building line.
A building or buildings, in which is conducted the main or principal use of the lot on which the building is situated.
A business establishment which does not offer a product or merchandise for sale to the public but offers a service to the public. However, personal services, such as barber and beauty shops and repair services, such as radio and television repair shops, are not to be included within the definition of business office.
[Added 5-6-2021 by Ord. No. 846]
Any person or entity holding a Class 1 Cannabis Cultivator license issued by the State of New Jersey that grows, cultivates, or produces cannabis in the State of New Jersey, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 5-6-2021 by Ord. No. 846]
The transportation of cannabis items and related supplies to a consumer. "Cannabis delivery" also includes the use by a licensed cannabis retailer of any third party technology platform to receive, process, and fulfill orders by consumers, which third party shall not be required to be a licensed cannabis establishment, distributor, or delivery service, provided that any physical acts in connection with fulfilling the order and delivery shall be accomplished by a certified cannabis handler performing work for or on behalf of the licensed cannabis retailer, which includes a certified cannabis handler employed or otherwise working on behalf of a cannabis delivery service making off-premises deliveries of consumer purchases fulfilled by that cannabis retailer.
[Added 5-6-2021 by Ord. No. 846]
Any person or entity holding a Class 6 Cannabis Delivery license issued by the State of New Jersey that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
[Added 5-6-2021 by Ord. No. 846]
Any person or entity holding a Class 4 Cannabis Distributor license issued by the State of New Jersey that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports 40 cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
[Added 5-6-2021 by Ord. No. 846]
A cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
[Added 5-6-2021 by Ord. No. 846]
Any person or entity holding a Class 2 Cannabis Manufacturer license issued by the State of New Jersey, that processes cannabis items in this State by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 5-6-2021 by Ord. No. 846]
Any person or entity holding a Class 5 Cannabis license issued by the State of New Jersey that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
[Added 5-6-2021 by Ord. No. 846]
Any person or entity holding a Class 3 Cannabis Wholesaler license issued by the State of New Jersey that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport, cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
A story partly underground and having more than one-half of its clear height below the average level of ground abutting the building.
A certificate issued by the building inspector upon completion of construction, alteration or change in occupancy or use of a building or of a leasable portion of a building such as a store, office or apartment. Such certificate shall acknowledge compliance with all requirements of the provisions of this chapter, such adjustments thereto granted by the board of adjustment, and all other applicable requirements.
A building used to house a social, fraternal or service organization or club not organized or conducted for profit and which is not an adjunct to or operated by or in conjunction with a public tavern, cafe, or other place of business.
An application form completed as specified by ordinance and the rules and regulations of the municipal agency, and all accompanying documents required by ordinance for approval of the application for development, including where applicable, but not limited to, a site plan or subdivision plat and the Hopewell Borough Standard Construction Requirements and Procedures; provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of the commencement of the time period for action by the municipal agency.
The New Jersey Council on Affordable Housing.
A dwelling unit affordable according to the Substantive Rules of the New Jersey Council on Affordable Housing. N.J.A.C. 5:93-1.1 et seq., as supplemented and amended.
A building operated by a homeowner's association for the benefit of members of the homeowner's association or the entire community, or both.
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the zoning chapter, and upon the issuance of an authorization therefor by the planning board.
The officially established grade of the curb in front of the mid-point of the lot.
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted by COAH rules.
The legal or beneficial owner or owners of a lot or of any land proposed to be included in a proposed development including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.
An establishment that by design, physical facilities, service, or packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
A land site used primarily for the disposal by dumping, burial, burning, or other means and for whatever purposes of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, and other waste, scrap, or discarded material of any kind.
One or more rooms providing living facilities for one family.
A dwelling unit containing private sanitary facilities and equipment for cooking for the sole use of the resident family.
A dwelling unit containing private sanitary facilities for the resident family but no cooking equipment.
A detached family unit designed for or occupied exclusively by one family.
A family unit designed for or occupied exclusively by one family that includes duplexes and townhouses not to exceed four attached units.
Two dwelling units of the family unit type having one structural wall in common.
A one-family dwelling that has been remodeled or structurally altered to contain two dwelling units of the family type.
A dwelling unit of the family unit type designed and constructed as an integral part of a building which is not a secondary use. Where a dwelling apartment is permitted as a primary use, the building shall contain not more than three apartments.
A one room dwelling unit which shall be the residence of not more than one person at any time. Where a building contains three or more rental rooms, it shall be deemed to be a rooming house.
The value of a property determined by the municipal tax assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the tax assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the municipal tax assessor.
Any number of persons, whether or not related by blood, marriage or adoption, living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common.
Any parcel of land, five acres or larger in size, which is used for gain in the raising of agricultural or horticultural products, including livestock and poultry.
Any building used for the housing of agricultural equipment, produce, livestock, poultry or for the incidental or customary storage or processing of farm products, and provided that such building is located on, operated in conjunction with, and necessary to the operation of the farm as defined herein. The term "farm building" shall not include "farm dwelling."
An artificially constructed barrier of wood, masonry, stone, wire, metal or any other manufactured material or combination of materials erected for the enclosure of yard areas.
The floor area total of all buildings on a lot, divided by the total lot area.
The sum of the areas of the floor or floors of a building which are enclosed and usable for human occupancy or the conduct of business. These areas shall be measured between the inside face of exterior walls, or from the centerline of walls separating two uses. The areas shall include areas finished for human occupancy, having a sloping roof or ceiling where the roof or ceiling height is not less than six feet. The areas shall not include areas below the average level of the adjoining ground, garage space, or accessory building space.
A secondary building used in conjunction with a primary building which provides for the storage of motor vehicles and in which no occupation, business or services for profit are carried on.
Any garage other than a private garage, available on a rental basis for the storage of motor vehicles.
An establishment providing lodging and usually meals for the general public, especially transient guests. It may include such uses incident to the operation as follows: rest rooms, office, meeting rooms, restaurants, cocktail lounges, beauty parlors, barber shops, apparel stores, confectionery shops, and the like. Such incidental uses shall be conducted solely within the primary building.
A designated parcel, tract or area of land established by a plot, or otherwise as permitted by law, to be used, developed or built upon as a unit.
An area of land which is determined by the limits of the lot lines bounding that area and expressed in terms of square feet or acres. Any portion of a lot included in a public street right-of-way shall not be included in calculating lot area.
A parcel of land at the junction of and on two or more intersecting streets.
The square footage or other area measurement by which all buildings and impervious surfaces cover a lot as measured in a horizontal plane to the limits of the impervious area. All surfaced parking areas and all required parking areas which are permitted to remain unsurfaced shall be included in the computation of lot coverage.
The horizontal distance between the side lot lines measured between the points at which the rear line of the required front yard area intersects the side lot lines.
The production of articles or finished products from previously refined raw materials by giving them new forms or qualities.
A series of attached dwelling units where each unit has direct access to parking space for the unit's occupant, and which is operated as a business to provide lodging to the general public, especially transient guests. An office and one one-family dwelling may be included as accessory uses to the motel.
A building or use which is designed or intended to be used for the storage, servicing, repair, maintenance, or cleaning of motor vehicles or other automotive equipment.
A building the size, dimension or location of which was lawful prior to the adoption, revision, or amendment of this zoning chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A lot the area, dimension or location of which was lawful, prior to the adoption, revision or amendment of this zoning chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption, revision or amendment of this zoning chapter, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
The specific purpose for which land or a building is used, designed or maintained.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
An off-street space available for the parking of a motor vehicle and which in this chapter is held to be an area in a garage or in the open, nine feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto.
A permit signed by the building inspector stating the proposed construction is in accordance with the zoning chapter, all applicable building codes, and any other applicable ordinances such as those of the board of health.
A permit signed by the zoning officer stating that the purpose for which a building or land is to be used is in conformity with uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located.
The main or principal use to which a building or lot is to be used.
The office of a member of a recognized profession maintained for the conduct of his profession. Such professions shall be limited to those of medicine, law, architecture, engineering, art, religion, music and other professions which require a similar degree of training and experience.
The total number of dwelling units which may be or are developed on an area of land, before requirements for public access and required open space are provided.
The resulting number of dwelling units which may be or are developed on a site or lot after public access and required open space are provided.
A professional office which is an accessory use to a one-family dwelling on the same property.
Any establishment, however designated, at which food is sold for consumption on the premises to patrons seated within an enclosed building. However, a snack bar at a public or community playground, playfield, park or swimming pool operated solely by the agency or group operating the recreational facilities, and for the sole use of patrons of the facility, shall not be deemed to be a restaurant.
An establishment where patrons are served soft drinks, ice cream, and other food products for consumption outside the confines of the principal building or in automobiles parked upon the premises, regardless of whether or not, in addition thereto, seats or other accommodations are provided for the patrons.
A room shall include living rooms, dining rooms, kitchens and bedrooms. Kitchenettes, which do not include space for eating and dining areas in which one full wall is open into a living room shall be counted as one-half room. Baths shall not count as a room.
A building containing three or more dwelling units of the living unit type where families are housed for hire on at least a monthly basis. Where such building contains six or more such dwelling units it shall be deemed to be a hotel.
A subordinate use of a lot or building, the purpose of which is incidental to that of the primary use and which is located on the same lot.
A plan of a lot or subdivision on which is shown topography, location of all buildings, structures, roads, rights of way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the planning board in unusual or special cases.
That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
That portion of a building under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such half-story. A basement shall also be included as a half-story.
A public thoroughfare which has been dedicated or deeded to the public for public use, and which has been improved in accordance with municipal standards.
That line determining the limit of the highway rights of the public, either existing or as officially plotted by the borough.
A combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or below the surface of a parcel of land.
A determination by COAH approving a municipality's housing element and fair share plan in accordance with the provisions of the Fair Housing Act, N.J.S.A. 52:27D-301, et seq., and the regulations promulgated thereunder.
A public or privately-owned pool open to the general public or on a membership basis, having appropriate dressing room facilities, recreational facilities and off-street parking areas.
A structure capable of being filled with water to a depth exceeding two feet, operated as a secondary use to a residential dwelling unit or units and located on an individual residential lot.
An establishment whose principal business activity is the practice of one or more of the following: (1) the placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin; (2) the creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
A building containing three or more dwelling units of the living unit type where families are housed for hire on a daily or weekly basis. Where such building contains six or more such dwelling units, it shall be deemed to be a hotel.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
An open, unoccupied space on the same lot with the principal building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of that lot. Setback line shall be synonymous with the rear limit of the required front yard area.
A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of any building on the same lot as defined in subsection 12-4.10. The depth of a rear yard shall be measured at right angles to the rear line of the lot, or if the lot is not rectangular, then in the general direction of its side building lines.
An open, unoccupied space between the side line of the lot and the nearest line of the building and defined in subsection 12-4.10. It shall extend from the front yard to the rear yard, or in the absence of either, to the street or rear lot lines as the case may be. The width of a side yard shall be measured at right angles to the side line of that lot.
The officially established zoning board of adjustment of the borough.
The officially established Zoning enforcement officer of the borough.
[Ord. 217; Ord. 227; Ord. 263; Ord. 282; Ord. 303; Ord. 334; Ord. 408; Ord. 697; Ord. 704; Ord. 729]
No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged nor shall any land be used for any purpose other than those included among the uses listed as permitted uses in each zone by this chapter and meeting the requirements set forth in the appended schedule. Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity to the area and bulk requirements, off-street parking requirements, and all other regulations designated in the schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of the provisions of this chapter, and the certificate of occupancy shall become void.
The following regulations shall apply:
a. 
No structure shall be built within 25 feet of the centerline of an open stream carrying water on an average of six months of the year. No building shall be constructed on land subject to periodic overflow.
b. 
No soil, mineral or similar material may be removed from any lot except that which is purely incidental to the construction or alteration of a building or structure. No excavation of any portion of any lot is permitted, except for landscape or agricultural purposes, and no paving on any portion of any lot is permitted, except to repair or resurface existing paving, unless a building permit is first obtained.
c. 
Existing natural features such as trees, brooks, drainage channels, and views shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.
The following regulations shall apply:
a. 
No lot shall have erected upon it more than one principal residential building. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
b. 
Accessory Buildings and Secondary Residence Buildings in Side or Rear Yards. Accessory buildings which are accessory to a residential use and secondary residence buildings may be located in any side or rear yard; except, that in case of a corner lot, such buildings shall not be located in that part of the side or rear yard which is nearer to a street line than the front yard setback required for a principal building on the adjacent lot; provided that:
1. 
No such accessory building or secondary residence building shall exceed 15 feet in height.
2. 
No such accessory building or secondary residence building shall be closer to a lot than five feet. However, on contiguous lots, accessory buildings constructed at the same time may be located in pairs or groups along the common lot line.
3. 
All such accessory buildings and secondary residence buildings, in the aggregate, shall not occupy more than 20% of the area of the side yard or rear yard.
c. 
Every primary building shall be built upon a lot with frontage upon a public street improved to meet the borough's requirements pursuant to the land subdivision ordinance of the borough, unless relief has been granted by the board of adjustment under the provisions of the New Jersey Official Map and Building Permit Act (1953), R.S. 40:55-1.40.
d. 
Rental residential dwellings of any kind shall not be located in the cellar of any building. Owner-occupied dwellings shall not be located or situated solely in the cellar of any building.
e. 
At the intersection of two or more streets or at the intersection of a driveway with the street, no hedge, fence, or wall, other than a single post or tree which does not obstruct vision, which is higher than three feet above curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines or the intersecting street and driveway lines and a line joining each 30 feet distant from the intersection.
f. 
All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which located. Corner lots shall provide the minimum front yard requirements for the respective zone for both intersecting streets, for both principal and accessory buildings.
g. 
Where a building lot has frontage on a street which the master plan or the official map of the borough indicates is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.
h. 
No front yard shall be used for open storage of boats, vehicles, or any other equipment except for vehicular parking on driveways. All open storage areas shall be properly landscaped.
i. 
Business structures or uses shall not display goods for sale purposes or coinoperated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.
j. 
All yards, open space, off-street parking, and required landscaping must be contained within the zone in which the use is permitted.
k. 
No trucks of a gross empty weight in excess of 5,000 pounds and no tractors, graders, steam rollers, steam shovels, front end loaders or other construction or earth moving equipment shall be stored or parked outside in any residential zone. Not more than one truck of a gross empty weight in excess of 5,000 pounds, tractor, grader, steam roller, steam shovel, frontend loader or other construction or earth moving equipment shall be garaged on any lot in a residential zone. No vehicles shall be displayed for commercial purposes in any residential zone.
l. 
For the purpose of regulating the locations of accessory buildings in corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street, shall be subject to the front yard requirements of the zone district in which the corner lot or through lot is located.
m. 
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use.
n. 
The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations, and electric substations which require a structure above grade shall be subject to the provisions of this chapter with respect to special exception uses as indicated in each of the respective zones.
o. 
Noise restrictions and control for all proposed uses shall be subject to standards established by the New Jersey Department of Environmental Protection (NJDEP) and the following:
1. 
The burden of proof shall be on the applicant to establish that noise levels of a proposed development shall not exceed standards established by the NJDEP.
2. 
Noise measurements, if required under this section, shall be made by an acoustical engineer using equipment meeting standards of the United States of America Standards Institute.
3. 
The Planning Board may require post-development noise measurements and appropriate noise reduction methods as may be necessary to achieve compliance with NJDEP standards.
Off-street parking facilities shall adhere to the following regulations.
a. 
Off-street parking space shall be provided as further specified in this chapter, and shall be furnished with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which it is situated, and shall not be encroached upon or reduced in any manner. All parking areas, passageways, and driveways, except where provided in connection with one-family residences, shall be surfaced with a dustless, durable, all-weather pavement, clearly marked for car spaces, and shall be adequately drained, all subject to the approval of the borough engineer. The paving requirements for parking areas, passageways, and driveways serving eight or fewer vehicles may be waived by the building inspector, if a suitable crushed stone base approved by the borough engineer is substituted that satisfies all safety, drainage, erosion and other applicable engineering requirements.
Except where more restrictive provisions apply under the specific requirements for each zone district, no off-street parking space or portion thereof shall be located on any lot within five feet of any street line, or within five feet of any lot line.
b. 
None of the off-street parking facilities as required in this chapter shall apply to existing structures and uses. If, however, any existing structure is physically enlarged, or if any existing use is physically expanded, the parking requirements of this chapter shall apply only to the enlarged portion of such structure or the expanded portion of such use.
In the case of a change in use or occupancy of an existing structure, the parking requirements of this chapter shall apply only to any net increase in parking demand between the previous use or occupancy and the proposed use or occupancy.
In the case of dwelling conversions, two off-street parking spaces shall be provided for the added dwelling unit.
If, subsequent to the date of adoption of this chapter, a room is converted to a rented room, one off-street parking space shall be provided for each room newly converted to such use. The provision shall not apply to rooms rented prior to the date of adoption of this chapter.
c. 
The collective provision of off-street parking areas by two or more buildings or uses located on adjacent lots is permitted, provided that the total of such facilities shall not be less than the sum required of the various buildings or uses computed separately and further provided that the land upon which the collective facilities are located is owned or leased by one or more of the collective users.
d. 
All parking areas and appurtenant passageways and driveways serving commercial uses shall be illuminated adequately during the hours between sunset and sunrise when the use is in operation. Adequate shielding shall be provided by commercial users to protect adjacent residential zones from the glare of such illumination and from that of automobile headlights.
e. 
Off-street parking areas providing 20 or more parking spaces shall be designed to cause minimum interference with traffic on public streets and to insure ease of access. Such lots shall be provided with shade trees spaced not greater than 60 feet on center.
f. 
Off-street loading and unloading space, with proper access from a street or alley, shall be provided on any lot on which a building for trade or business is hereafter erected or substantially enlarged.
g. 
Off-street parking facilities provided to comply with the provisions of this chapter shall not subsequently be exceeded by reason of changes in conditions and shall at all times meet the requirements of this chapter.
[Ord. 217, Art. II, S 203; Reserved by Ord. 480, S 1; Ord. 744; Ord. No. 778]
a. 
A minimum space of at least four feet of unrestricted pedestrian pathway shall be maintained at all times so as not to interfere with, impede, slow, divert or in any way prevent pedestrians from freely passing along the sidewalk, or ingress and egress to the establishment, at any time.
b. 
Outdoor dining areas shall not block any municipal sign, public bench, planter, fire hydrant or any other public amenity.
c. 
Outdoor dining furniture shall be constructed of weather resistant and durable materials consisting of wood, metal, or durable commercial grade resin/plastics.
d. 
Outdoor furniture shall be able to sustain typical wind gusts. In the event of unusually strong inclement weather, furniture shall be secured or moved to a secure place.
e. 
Outdoor dining tables, chairs, umbrellas and any other decorative material shall be fire-retardant or manufactured of fire-resistant material.
f. 
Food preparation, storage, cooling or refrigeration, or associated equipment, is prohibited within the outdoor dining area.
g. 
Additional lighting related to outdoor seating is prohibited.
h. 
Additional signage related to outdoor seating is prohibited.
i. 
External sound systems are prohibited for the outdoor dining area.
j. 
Outdoor dining area shall be maintained in good repair and in a safe, clean and sanitary condition free of accumulated debris, waste, water and other obstructions or hazards.
k. 
Outdoor dining furniture shall be removed completely and stored indoors or off site at the end of the outdoor dining season, which runs from March 1st to November 1st annually, or whenever outdoor dining is not being provided.
l. 
Outdoor dining shall be located on the same lot as the principal use.
m. 
Outdoor dining seating and tables must be placed on a level area with sufficient space between the furniture to allow for efficient use and safe movement of staff and patrons.
n. 
The maximum number of seats shall be determined by the planning board at the time of application either for site plan or site plan waiver. Seating evaluation will be based on site capacity and design, parking demand and availability, and the adopted plumbing subcode for adequate facilities.
o. 
Auxiliary patio heaters must conform to UCC fire regulations and shall be limited to propane, natural gas or electrical type only. Auxiliary patio heaters shall be subject to all conditions set forth in a, b, c, d, e and k above.
Any fences erected in the borough shall adhere to the following:
a. 
Before a fence of over three feet in height shall be erected a zoning permit must be obtained from the zoning officer. A request for a permit shall be accompanied by a sketch, drawn to scale, showing the height and location of the fence in relation to all other adjacent structures and buildings and in relation to all adjoining streets, lot property lines and yards. Such fence shall not cause undue loss of light and air to adjoining properties.
b. 
Fences may be erected, altered or reconstructed to a height not to exceed three feet above ground level when located within 25 feet of the street.
c. 
Fences may be erected, altered or reconstructed to a height not to exceed six feet above ground level when located more than 25 feet from the street line.
d. 
These restrictions shall not be applied so as to restrict the erection of a wall for the purpose of retaining earth.
e. 
These restrictions shall not be applied so as to restrict the erection, alteration or reconstruction of fences used in connection with farms or farm operations, except insofar as such fences might affect the public safety.
a. 
Applicability. The provisions for home occupations apply to all structures in all zones, but shall be subject to the specific regulations covering the zone in which the structure is located.
b. 
Definition. A home occupation is a secondary use which:
1. 
Is customarily carried out in a dwelling unit.
2. 
Is carried on by an occupant of the dwelling unit.
Home occupation shall not include a barber shop, beauty parlor, commercial caterer, commercial rental of dishes, glassware, silverware, tables and chairs, real estate or insurance office, medical doctor or dentist, studio where dancing or music instruction is offered to more than two pupils at one time or where concerts or recitals are held.
c. 
Conditions. Home occupations shall be subject to the following conditions:
1. 
That no structure shall be erected for the purpose of permitting a home occupation; that not more than 25% of the net floor area of a residence shall be used in the conduct of a home occupation; that no addition to, or exterior change shall be made in any existing residence or any accessory building in order to permit an increase in the floor area required for a home occupation.
2. 
That no person shall be employed in the home occupation who is not a member of the family of the person conducting the home occupation and who does not live in the same house in which the home occupation is conducted.
3. 
That no equipment or process shall be used which creates undesirable conditions such as noise, vibration, fumes, or odors or causes visible or audible interference with any radio or television reception beyond the premises.
Any use not specifically permitted in a zoning district established by this chapter is hereby specifically prohibited from that district, and the following uses and activities shall be specifically prohibited in any zone in the borough.
a. 
Any billboards, signboards, advertising signs or devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this chapter.
b. 
Auction markets.
c. 
Miniature golf courses, golf driving ranges and similar outdoor commercial recreation facilities.
d. 
Junk yards, automobile wrecking or disassembly yards, the sorting or bailing of scrap metal, paper, rags, or other scrap or waste materials.
e. 
The keeping or raising of swine, chickens, game birds, or fowl of any kind or horses, cows or other farm animals of any kind, except in connection with a permitted farm use or mink, foxes, or fur-bearing animals.
f. 
Trailer courts, trailer coaches used as a dwelling or commercial activities related to the outdoor storage or display of trailer coaches.
g. 
Privately operated dumps for the disposal of garbage, trash, junk, refuse, and similar materials.
h. 
Drive-in restaurants and drive-in establishments of any type.
i. 
Tattoo parlor/body piercing studio.
j. 
Boarding kennels and animal hospitals.
k. 
The operation of any and all Class 1 Cannabis Cultivators, Class 2 Cannabis Manufacturers, Class 3 Cannabis Wholesalers and Class 4 Cannabis Distributors, as said terms are defined in this chapter and in section 3 of P.L. 2021, c. 16 (N.J.S.A. 24:6I-33).
[Added 5-6-2021 by Ord. No. 846; amended 9-8-2022 by Ord. No. 859]
[Ord. 303]
Procedures governing site plan review are specified in Chapter 13 of the borough code.
[Ord. 217; Ord. 303; Ord. 331; Ord. 515; Ord. 610; Ord. 640]
The following height modifications are permitted.
a. 
The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas, and domes not used for human occupancy.
b. 
Chimneys, ventilators, skylights, water tanks and similar features, and necessary mechanical appurtenances usually carried on and above the roof level may exceed the height limitation of this chapter by not more than 15 feet. If such equipment is construed as a secondary structure, apart from the primary structure, the height restriction of this chapter shall apply.
c. 
The provisions of this chapter shall not apply to prevent the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet. Public and quasi-public buildings, schools, churches and other similar permitted uses shall increase the front, rear and side yards by one foot for each foot by which such building exceeds the height limit herein established for such zone in which it is located, and further provided that in no case shall any building have a height greater than 50 feet unless explicitly permitted by the schedule of this chapter.
a. 
Residential Zone. Any parcel of land in a residence zone with an area or width less than that prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership on the date of adoption of this chapter, and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area requirements for such lot shall be 5,000 square feet of lot size and 50 feet of lot width, or 50% of the area and width requirements for the zone in which located, whichever is the greater requirement, and further provided that all other regulations prescribed for the zone by this chapter are complied with.
b. 
Business Zone. Any parcel of land in a business zone with an area or width less than prescribed for a lot in the zone in which such lot is located, which parcel was under one ownership on the date of adoption of this chapter, and the owner thereof owns no adjoining land, may be used as a lot for any purpose permitted in the zone, provided that the minimum area requirements for such lot shall be 3,000 square feet of lot size and 30 feet of lot width, or 50% of the area and width requirements for the zone in which located, whichever is the greater requirement, and further provided that all other regulations prescribed for the zone by this chapter are complied with.
a. 
Front Yards. In residential zones where a uniform front yard setback has been established (defined as a group of structures within a frontage of at least 500 feet and having nearly identical front yard setbacks (defined as not varying by more than six feet)), any new construction within or abutting such frontage length shall have a front yard setback that matches the average for such existing development. In those areas where a uniform front yard setback as described above has not been established, the front yard setback for new construction shall be calculated as the average setback on the three developed parcels on either side of the new construction and within the same block.
b. 
Side Yards. In the case of lots upon which an existing structure is located or which comply with the provisions for modification of subsection 12-7.2, combined total side yard requirements, as specified in Column 8 of the schedule of area, yard and building requirements shall be reduced by six inches for each foot by which a lot is less than the minimum requirement specified. In any case, the side yard area for either side yard shall not be reduced to less than 10 feet.
In cases where a lot width is less than prescribed for the zone in which such lot is located, which lot was a lot of record on the date of adoption of this chapter, the total minimum floor area may be reduced by 10%, provided that all other regulations prescribed for the zone in which the lot is located are complied with.
The regulations prescribed by this chapter shall not apply to farms where the acreage outside the borough limits exceeds the acreage within the borough limits except that any extensions of, or additions to any farm buildings, farm dwellings, or new buildings located within the borough limits shall require a building permit.
Any such extensions, additions or new buildings shall be located a minimum of 200 feet from the side lines of the lot and a minimum of 100 feet from the front line of the lot.
The keeping of a maximum of four animal units shall be permitted on individual lots of five acres or more and which are entirely within the borough limits. An animal unit shall consist of one equine animal, horse, pony or donkey, or three sheep. This limitation shall not apply to colts or lambs under one year of age. Any shelter or housing to be erected for such animals shall be located a minimum of 200 feet from the side lines of the lot and a minimum of 100 feet from the front line of the lot.
It is recognized that it may be in the interests of the borough and in accordance with the purpose of this chapter to permit temporary activities for a limited period of time, which activities may not be permitted by other provisions of this chapter. If such uses are of such a nature and are so located that at the time of application they will:
a. 
In no way effect a detrimental effect upon the lawful use of land and activities normally permitted in the zone in question.
b. 
Contribute materially to the welfare and well-being of the borough.
Upon proper application and favorable findings by the board of adjustment they may direct the building inspector to issue a permit for a period not to exceed three months.
Pursuant to N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries shall be permitted conversions in all residential districts in the borough, and requirements therefor shall be the same as for single-family dwelling units located within such districts.
a. 
Findings. Satellite receiving-only antennas differ from other receiving-only antennas in their unique size and shape and locational requirements. In light of this situation and considering the established nature and unique visual and special historic character of the borough, as documented in the borough master plan, the potential for conflict is evident. It is, therefore, the purpose of this section to regulate the location and installation of satellite receiving-only antennas, and all receiving-only antennas, in order to avoid potential adverse impacts on the historic character of the borough.
b. 
Installation. Satellite receiving-only antennas and other types of receiving antennas are permitted, in all zones, subject to the following:
1. 
Each such antenna must be an accessory use to a principal structure and located on the same lot as the principal use for which it is accessory. Minor site plan approval shall be required for satellite receiving-only antennas.
2. 
Each satellite receiving-only antenna shall be ground mounted in the rear yard area of the lot and shall be located in conformity with the rear yard and side yard setback requirements for a principal permitted structure in the zone district in which the lot is located; except that, in cases where the applicant can demonstrate, to the satisfaction of the planning board, that such a required location is impracticable, or would prevent proper antenna functioning, the board shall approve an alternate location. Alternate locations shall be selected in accordance with the following in order of priority indicated. Should an initial alternate location also be proven impracticable, or not provide for proper antenna functioning, a lower priority of location shall be selected. This process shall continue until an acceptable location is determined by the planning board.
Alternate 1. Roof mounted on an accessory structure and not visible from any street frontage.
Alternate 2. Roof or ground mounted in a location which minimizes, to the greatest extent possible, the visibility of such antenna from street frontages and adjacent properties.
Alternate 3. Roof mounted at the rear of a principal structure, and located so as to limit antenna visibility, from street frontages and adjacent properties, to the greatest extent possible.
3. 
No ground mounted antenna shall have a height in excess of 12 feet, measured from the average grade elevation around its base. Roof mounted antenna shall not exceed zone height limitations. Antenna diameter shall be limited to the minimum required for proper antenna function, but no dimensions shall exceed 10 feet.
4. 
Ground locations shall be screened from the view of adjacent properties, to the extent possible and practical for proper antenna functioning, with nondeciduous plantings or other means acceptable to the planning board.
c. 
No lot shall have more than one satellite receiving-only antenna and one other type of receiving antenna. Wires and cables running between a ground mounted antenna and any structure shall be properly installed in accordance with the Uniform Construction Code.
d. 
All antennas shall be installed or constructed in a manner so as not to interfere with television, radio or similar reception in adjacent and nearby areas and shall meet all local, state and federal requirements, including those contained in the Uniform Construction Code.
e. 
Portable antennas are prohibited.
[Ord. 217; Ord. 276; Ord. 303]
Except as otherwise provided in this section, the lawful use of land or buildings existing on the date of adoption of this chapter, may be continued although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located, provided:
a. 
That no nonconforming lot shall be further reduced in size.
b. 
That no nonconforming use may be expanded or increased.
A nonconforming use shall be adjudged as abandoned when there occurs a cessation of any use or activity by an apparent act or failure to act on the part of the tenant or owner to reinstate such use within a period of one year from the date of cessation or discontinuance.
a. 
Nonconforming Buildings. A nonconforming building wholly or partially destroyed by fire, explosion, flood or other casualty or legally condemned, or found to be deteriorated to the extent of requiring replacing, may be reconstructed provided that:
1. 
The reconstructed building shall not exceed in height, area, or volume the building destroyed, condemned or replaced.
2. 
Building reconstruction shall be commenced within one year from the date the building was destroyed or condemned or torn down for replacement and such rebuilding shall be carried on without interruption.
b. 
Nonconforming Use. A nonconforming use which is interrupted by fire, flood, explosion, condemnation or building replacement must be restored within one year from its cessation or be considered abandoned as in subsection 12-8.2.
No nonconforming use shall, if once changed into a conforming use, be changed back again to a nonconforming use.
A nonconforming building may be enlarged, extended, altered, or increased, provided such change shall not increase the degree of nonconformance.
Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another of a different classification, the foregoing provisions shall also apply to any nonconforming uses existing therein or created thereby.
[Ord. 217; Ord. 303; Ord. 349; Ord. 511]
a. 
Zoning and Building Permits. Prior to the construction, erection, or alteration of any structure, or upon any change in the use of land, building or structure, the owner or his duly authorized agent shall secure a zoning permit from the zoning officer. The building inspector shall not issue any building permit unless the applicant therefor shall have first obtained a valid zoning permit. The issuance of a zoning permit under the terms of this chapter shall in no way waive or modify the requirements of other regulations of the borough governing such matters as construction, health, sanitation, and the like.
Any modification of the plans or other data upon which the zoning officer's issuance of a zoning permit was based shall invalidate such zoning permit and the revised plans or data shall be resubmitted to the zoning officer for a new zoning permit.
The building permit shall be posted at the entrances or front of the structure for which it is issued and kept protected and intact until a certificate of occupancy is issued. Any building permit issued by the building inspector shall expire by limitation if no construction, alteration, or conversion has been commenced within one year from the date of granting the building permit.
b. 
Drainage Approval. Prior to the construction of any structure, including residential structures exempt from site plan review, the owner or his duly authorized agent shall submit to the borough engineer for review and approval an individual drainage plan for the subject lot prepared by a New Jersey licensed engineer and a survey prepared by a New Jersey licensed engineer or surveyor. No drainage plan or survey shall be required if a drainage plan and survey have been previously submitted and approved for said lot as part of a subdivision or site application.
The building inspector shall not issue a building permit until the applicant presents a drainage plan approved by the borough engineer. The fee for the review and approval of a drainage plan shall be as set forth in subsection 10A-4.4 of the Borough Land Use Procedures Ordinance.
c. 
Certificate of Occupancy. A certificate of occupancy shall be obtained from the building inspector by the owner or his duly authorized agent before any building or structure for which a building permit has been issued is occupied or used. With regard to commercial or multiple-family buildings, a certificate of occupancy shall be required for each separate store, office or family unit.
Upon serving of notice by the zoning officer to the owner, of any violation of any of the provisions of this chapter with respect to any building or use thereof, or of the use of land, the certificate of occupancy for such use shall be deemed to be invalid, and the owner shall be subject to the penalties prescribed. The effective date of such invalidation of the certificate of occupancy shall be the 10th calendar day following the date of the zoning officer's notice of violation. A new certificate of occupancy shall be required for any further use of such land or building or structure.
No certificate of occupancy for any structure shall be issued until the owner shall have first submitted to the borough engineer for review and approval an "as-built" plan prepared by a New Jersey licensed surveyor. The fee for the review and approval of an as-built plan shall be as set forth in subsection 10A-4.4 of the Borough Land Use Procedures Ordinance.
d. 
Prohibitions. In no case shall a building permit be granted for the construction, reconstruction or alteration of a building, or change in use nor a certificate of occupancy issued for any building which would be in violation of any of the provisions of this chapter other than by a written order of the planning board acting as the board of adjustment or by a written order of the borough council upon the recommendation of the planning board acting as the board of adjustment.
It shall be the duty of the zoning officer to keep a record of all applications for zoning permits, a record of all zoning permits issued and denied, a record of all certificates of occupancy issued by the building inspector, together with notations of all special or unusual conditions involved therewith. These records shall be dated and numbered consecutively, safely secured in the municipal building, and shall be made available by the zoning officer for public inspection upon request.
The zoning officer shall prepare and submit to the borough council monthly reports citing, for the period since his last report, all applications received and his actions thereon, all certificates of occupancy issued, all complaints of violations received, all notices of violation issued by him and action taken by him consequent thereon. A copy of such report shall be filed with the tax assessor, the secretary of the zoning board of adjustment, and the secretary of the planning board at the same time it is filed with the borough council.
Each application for any permit or variance provided for by this chapter shall be accompanied by a fee and escrow fund payable in cash as specified in Chapter 10A, subsection 10A-4.4b.
[Ord. 217; Ord. 303; Ord. 331; Ord. 422; Ord. 479; Ord. 495; Ord. 679; Ord. No. 823]
For the purposes of this chapter, the borough is hereby divided into the following zones:
Symbol
Name
R-75
Residence Zone
R-75P
Residence Zone
R-100
Residence Zone
B-R
Business Zone
S
Service Zone
M-H
Mixed Housing Zone
R-O
Residence-Office Zone
FP
Farm Preservation Zone
P
Public Zone
TR
Townhouse Residential Zone
The location and boundaries of all zone districts shall be as shown on the zoning map of the borough, bearing the date, September, 2007, last revised pursuant to Ord. No. 823, which is attached to and hereby made a part of this chapter and titled "Hopewell Borough Zoning Map," Borough of Hopewell, Mercer County, New Jersey. The map and all notations and references thereon are hereby incorporated into and declared to be a part of this chapter.
The Zoning Map is included as an attachment to this chapter.
a. 
Zoning Map Amendments.
1. 
Ord. No. 823: The Zoning Map of the Borough of Hopewell is hereby amended to remove Block 11, Lot 26 from the "RO" — "Residential Office" Zone and to place it in the Townhouse Residential Zone created herein.
2. 
Ord. No. 887: The Zoning Map is hereby amended to include the following one overlay zone designation, "M-F Multi-Family Residential Housing Overlay Development Option" and listed as Block 12, Lot 7 and Block 18, Lot 1.
[Added 7-1-2024 by Ord. No. 887]
Zone boundary lines are intended to follow the centerline of streets, railroad rights-of-way, streams, and recorded property lines, except where indicated otherwise by dimension or other notation on the zoning map of the borough.
Where zone boundaries are not fixed by dimension or other notation and where they approximately follow property lines or other natural features and do not scale more than 25 feet distant therefrom, such property line or natural feature shall be deemed to be the location of the zone boundary.
In unsubdivided land, where a zone boundary divides a property and the location of such boundary is not fixed by dimensions or other notation on the zoning map, then the location of such boundary shall be determined by the board of adjustment through use of the graphic scale appearing on the map.
a. 
Ord. No. 823: Pursuant to N.J.S.A. 40A:12A-7, the plan prepared by Banisch Associates, Inc., entitled "Redevelopment Plan for Lot 26 in Tax Block 11, Hopewell Borough, Mercer County, establishing the 'Townhouse Residential' Zone," dated June 2018, revised June 7, 2018 is hereby adopted as the redevelopment plan for Block 11, Lot 26, also known as Van Doren Lumber.
[Ord. 340; Ord. 414; Ord. 632; Ord. 679]
The historic district zone is created to preserve the unique cultural and architectural attributes of that district such as its historical heritage, architectural distinction, visual attractiveness, scale and character. All new construction, structural additions or alterations should preserve these assets and should be compatible with the visual character of the historic development.
The Historic District & Buffer Zone Map, dated February 19, 2004 which delineates those areas of the borough included in the historic district zone and the historic district buffer zone and is attached hereto, is incorporated into this section.[1]
[1]
Editor's Note: The Historic District Zone Map referred to herein is included as an attachment to this chapter.
DEMOLITION
Shall mean the destruction, removal, or relocation of part or all of any dwelling or of any building or structure with a gross floor area in excess of 100 square feet.
HISTORIC DISTRICT BUFFER ZONE AREA
Shall mean that portion of the borough not located within the historic district zone.
NEW CONSTRUCTION
Shall mean any new structure or building consisting of one or more dwelling units and/or any nonresidential development requiring a building permit or any structure exceeding 45 feet in height.
a. 
No building or structure shall hereafter be erected, reconstructed, altered, restored or demolished within the historic district unless or until an application for a building or demolition permit shall have been approved as to exterior architectural features which are subject to public view from a public street, way or place. Evidence of such required approval shall be a certificate of appropriateness issued by the planning board.
b. 
Within the historic district zone buffer area, no new construction shall hereafter be erected, and no demolition shall hereafter be undertaken, unless or until an application for a building or demolition permit shall have been approved as to its exterior architectural features. Evidence of such required approval shall be a certificate of appropriateness issued by the planning board.
a. 
Applications for building or demolition permits within the historic district which do not involve any erection, reconstruction, alteration, restoration or demolition of the exterior architectural features of buildings which are subject to public view from a public street, way or place, are exempt from the requirements of this zone district.
b. 
Applications for new construction building permits within the historic district buffer zone area which do not involve exterior architectural features are exempt from the requirements of this zone district.
a. 
Applications for Development. The planning board and board of adjustment shall make available to the historic preservation commission an informational copy of every application submitted to either board for development in the historic district zone, and an informational copy of every new construction building permit application or for a demolition permit application in the historic district zone buffer area, or on historic sites designated on the zoning or official map or in any component element of the master plan. Failure to make the informational copy available shall not invalidate any hearing or proceeding. The historic preservation commission may provide its advice which shall be conveyed through its delegation of one of its members or staff to testify orally at the hearing on the application and to explain any written report which may have been submitted.
b. 
Applications for Issuance of Permits Not Part of a Development Application.
1. 
Upon receiving an application for a building or demolition permit in the historic district zone or for a building permit for new construction or for a demolition permit in the historic district zone buffer area, which is not part of an application for development, the construction official shall forward one copy thereof to the zoning officer who shall determine the eligibility of said application for exemption under subsection 12-10A.5, supra.
2. 
Applications shall be submitted at least 14 days prior to a regularly scheduled planning board meeting.
3. 
If the application is not eligible for exemption, the zoning officer shall so inform the applicant and shall require the submission of architectural elevations of the proposed building, including existing architectural elevations if an existing building is part of the application, and the site plan submission documents required under the borough site plan review ordinance.
4. 
Upon receipt of the required documents, the zoning officer shall rule on the completeness of the application and shall then forward the complete application and architectural elevations to the historic preservation commission. Incomplete applications shall be returned to the applicant.
a. 
The planning board shall pass only on exterior features of a site and structure and shall not consider interior building arrangements, nor shall it disapprove applications except in regard to considerations as set forth herein.
b. 
The planning board shall consider the comments of the historic preservation commission, if provided. The commission's comments and recommendations to the planning board shall be advisory only, and will not constitute approval or disapproval of an application for development.
c. 
The planning board, in reviewing the appropriateness of the site design and exterior architectural features, shall keep in mind the purposes set forth in subsection 12-10A.1, above, and the Hopewell Borough Design Standards as listed in the Visual Design Plan of the 2007 Hopewell Borough Master Plan, and shall consider among other things the general compatibility of exterior design, arrangement, texture and material of the building or structure in question and the relation of such factors to similar features of buildings and structures in the immediate surroundings, the position of such buildings or structures in relation to the street or public way and to other buildings and structures, and any other factor, including aesthetics, which it deems pertinent.
d. 
The planning board shall disregard features out of public view. The planning board shall make recommendations or requirements only for the purpose of protecting and preserving the historic, cultural and architectural aspects of the surroundings and the historic district.
e. 
This section shall not apply to the selection of exterior colors, nor will it require anyone to make repairs unrelated to the proposed alteration.
f. 
This section is intended to encourage that alterations to historic structures be made in a compatible architectural style, and in such a way as to avoid impairing a buildings' original appearance.
g. 
The planning board shall encourage new construction to respect, in its design and arrangement, the historic, cultural and architectural character of the district and of surrounding existing development. The planning board shall not mandate a particular architectural style or design.
h. 
The demolition of historic or architecturally significant structures is discouraged, since demolition will architecturally impoverish the borough and the neighborhood. Relocation of such historic structures is encouraged as a final alternative to demolition.
i. 
The planning board shall be reasonable in its consideration of plans for alterations, additions, or demolition of structures, (located within the historic district) which have little historic or architectural significance unless such alterations, additions, or demolition would seriously impair the visual character of the surrounding area.
j. 
The planning board should be guided in its consideration of plans for alterations, additions, or demolition of existing structures by reports of the historic preservation commission using as the criteria of evaluation those developed by the National Trust for Historic Preservation.
a. 
Demolition or removal of an historic or architecturally significant structure may be forbidden or postponed for up to six months from date of public hearing of the application. The planning board shall, during this hiatus, consult civic groups and public agencies to ascertain how the borough may preserve the building and/or premises. The planning board shall attempt with the owner to establish feasible plans for preservation of structures where moving or demolition thereof would be a great loss to the public and to the borough.
b. 
When it is appropriate and expedient to move an historic or architecturally significant structure to another site within the borough to preserve it, upon approval of the relocation plans by the planning board, said structure may be relocated providing it fulfills the area regulations of said zone as to lot size, set back and yard area.
c. 
The planning board shall issue a certificate of appropriateness upon approval of the application. A building permit shall not be issued until such certificate of appropriateness has been issued by the planning board.
d. 
In case of disapproval the planning board shall state its reasons therefor in writing and may make recommendations to the applicant with respect to appropriateness of design, arrangement, texture, materials and the like, of the building or structure involved.
e. 
Upon approval of the plans, the planning board shall cause a certificate of appropriateness, dated and signed by the chairman, to be issued to the applicant or affixed to the plans.
If the planning board shall fail to take action within 45 days of the finding by the zoning officer that an application for issuance of permits is not part of a development as described in subsection 12-10A.6, supra, the application shall be deemed to be approved, except where the applicant has consented to the extension of the time limit.
None required.
Fines and penalties for violations of any of the above subsections shall be in accordance with section 12-20 of the Hopewell Borough Zoning Ordinance of 1968 as amended.
[Ord. 217; Ord. 331; Ord. 334; Ord. 372; Ord. 391; Ord. 479; Ord. 495; Ord. 640; Ord. 679; Ord. No. 823]
The schedule of area, yard and building regulations, attached and made a part of this chapter, sets forth the regulations of this chapter with respect to minimum lot size, yard areas, maximum lot coverage, maximum height and minimum floor area for each of the various zones. Unless modified elsewhere in this chapter, such standards shall be deemed to be the minimum requirements or maximum intensity permitted in each of the several zones.
[1]
Editor's Note: The schedule referred to herein is included as an attachment to this chapter.
[Ord. 217; Ord. 303; Ord. 331; Ord. 480; Ord. 608; Ord. 610; Ord. 679]
a. 
One-family dwellings.
b. 
Duplex dwellings.
c. 
Rented rooms-one rented room per dwelling unit.
d. 
Churches and similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
e. 
Noncommercial parks, playground and recreational areas, municipal parks, playgrounds and buildings.
f. 
Pursuant to N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, subject to the same requirements applicable to single-family dwelling units located within the district.
a. 
Private garages.
b. 
Normal residential storage structures not in excess of 100 square feet of floor area.
c. 
Animal shelters for domestic pets not in excess of 50 square feet of floor area.
d. 
Other normal residential structures such as swimming pools, barbecues, and trellises.
e. 
Off-street parking areas.
f. 
Wireless communication antennas in accordance with the requirements specified in section 12-17B of this chapter.
(See also section 12-18)
a. 
Public utility uses.
b. 
Public and private schools.
c. 
Professional office use.
d. 
Club houses.
a. 
Off-street parking space together with appropriate access thereto shall be provided on the same property as it is intended to serve in accordance with the following minimum standards:
1. 
Dwellings. Two spaces for each dwelling unit of the family type and one for each rented room. This space requirement may be reduced by the number of spaces provided in private garages. Driveways may be used as required parking spaces for single-family dwellings.
2. 
Churches and Other Public Meeting Places. One space for each four seats.
3. 
Other Public Buildings. One space for each 400 square feet of total floor area.
4. 
Noncommercial Parks, Playgrounds, and Recreation Areas. Two spaces for each acre devoted to such use.
b. 
Churches and other such uses shall provide a minimum lot area of three acres.
[Ord. 217; Ord. 303; Ord. 331; Ord. 610]
a. 
One-family dwellings.
b. 
Churches and similar places of worship, parish houses, convents, cemeteries and other such facilities of recognized religious groups.
c. 
Noncommercial parks, playground or recreational areas, municipal parks, playgrounds and buildings.
d. 
Farms, except livestock and poultry, but including horticultural uses and greenhouses.
e. 
Pursuant to N.J.S.A. 40:55D-66.1 and N.J.S.A. 40:55D-66.2, community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries, subject to the same requirements applicable to single-family dwelling units located within the district.
All secondary uses permitted in the R-75 Zone.
[See section 12-18].
a. 
All conditional uses permitted in the R-75 Zone.
The same additional provisions and requirements as given for the R-75 zone shall apply.
[Ord. 273; Ord. 578; Ord. 608; Ord. 679]
a. 
All primary uses permitted in the R-75P zone.
b. 
Cluster residential developments as provided in subsection 12-14.5.
All secondary uses permitted in the R-75P zone.
a. 
All conditional uses permitted in the R-75P zone.
b. 
(Reserved)
c. 
Wireless communication antennas and wireless communication towers in accordance with the conditions, standards and limitations specified in section 12-17B of this chapter.
The same additional provisions and requirements as given for the R-75P zone shall apply.
a. 
Application. In the case of cluster residential developments, the provisions of the appended Schedule of Area, Yard and Building Requirements may be modified in accordance with the provisions below listed.
1. 
Lot areas of individual lots may be reduced to not less than 11,250 square feet for interior lots and 13,500 square feet for corner lots provided that:
(a) 
The land area, which would otherwise be required for house lots but which is not so used under the permitted lot size reduction provisions of this section, shall be devoted instead to the contiguous common open space.
(b) 
The contiguous common open space so provided shall be not less than three acres in area.
(c) 
The average lot area shall be not less than the minimum lot area otherwise required by the Schedule of Requirements for the zone district in which the development is located.
2. 
If lot areas are reduced in accordance with paragraph a.1 above then the provisions of the Schedule of Requirements for minimum yard sizes, minimum lot width, and maximum percent of lot coverage, for the R-75 zone shall apply.
b. 
Definitions. As used in subsection 12-14.5, the following definitions shall apply:
1. 
Cluster Residential Development. Any major subdivision in the R-100 zone employing the reduction in lot area provisions of paragraph 12-14.5a.1, and approved as a cluster subdivision by the planning board under the provisions of the land subdivision ordinance of the borough.
2. 
Common Open Space. The land set aside within a cluster subdivision which shall be preserved as open space and for open space uses only.
3. 
Open Space Uses. Any use of common open space for park or open unroofed recreational purposes, conservation of land or other natural resources, or historic or scenic purposes.
4. 
Average Lot Area. Sum of the area of all house lots together with the area of all lots to be devoted to common open space, exclusive of streets, divided by the total number of house lots.
[Ord. 331]
a. 
Individual uses already in existence in this zone, at the date of passage of this section, shall be considered permitted uses in this zone, but shall conform to all other requirements of this zone. Upon passage of this section, the zoning officer shall make a determination as to the use of each parcel and building in this zone. Each use shall be assigned an appropriate general use category (residential, business, industrial, public and institutional) and sub-category (single-family, two-family, etc.; retail, service, etc.; manufacturing, warehousing, etc.; church, park, etc.). The zoning officer shall maintain a record of such uses and no change of use, under this section, from the existing general use category or sub-category shall be permitted except to a permitted use in this zone.
b. 
All primary uses permitted in the R-75 zone.
c. 
Professional and business offices.
a. 
All secondary uses permitted in the R-75 zone.
b. 
All secondary uses permitted in the M-H zone.
(See also section 12-18)
a. 
Public utility uses.
b. 
Public and private schools.
c. 
Club houses.
a. 
The off-street parking standards in residential, business, and industrial zones in this chapter shall apply, as appropriate, to all uses in this zone.
[Ord. 422; Ord. 679]
[1]
Editor's Note: Former section 12-14B, R-R Railroad Station Zone, previously codified herein, was repealed in its entirety by Ordinance No. 679.
[Ord. 479; Ord. 679]
[1]
Editor's Note: Former section 12-14C, TH Townhouse Zone, previously codified herein, was repealed in its entirety by Ordinance No. 679.
[Ord. 495; Ord. 679]
It shall be the purpose of this zone district to provide development standards that will help insure a harmonious mix of existing and future nonresidential and residential uses in a limited area of the borough.
a. 
Offices for professional, executive, engineering and administrative purposes.
b. 
Scientific or research laboratories devoted to research, design or experimentation and processing and fabricating incidental thereto.
c. 
The warehousing or storage of goods and products such as building materials, farm supplies, and the like which may be sold from the premises to the general public.
d. 
Special merchandise retail establishments are permitted which are primarily intended to serve an area beyond the confines of the borough and its immediate environs, and which are limited to the following:
1. 
Antique shops, art supply shops, craft shops, gift shops, and other retail establishments which offer a similar range of merchandise.
2. 
Lumber yards and hardware stores.
3. 
Food and liquor stores, drug stores, clothing stores, and general merchandise stores and similar types of retail establishments are not included in this permitted category.
e. 
Residential uses as permitted in, and in accordance with, the requirements of the R-75 zone district.
f. 
Municipal parks, playgrounds and buildings.
a. 
Private garage and storage buildings which are necessary to store any vehicles, equipment or materials on the premises.
b. 
Off-street parking.
[Added 9-8-2022 by Ord. No. 859]
a. 
Class 5 Cannabis Retailers and Class 6 Cannabis Delivery Services, as said terms are defined in this chapter and section 3 of P.L. 2021, c. 16 (N.J.S.A. 24:6I-33), subject to the requirements set forth in section 12-18 and Chapter 20 of this Code.
[1]
Editor's Note: Former subsection 12-14D.4, Townhouse Development Standards, previously codified herein, was repealed in its entirety by Ordinance No. 679.
The following uses are specifically prohibited in this zone:
a. 
The open storage of two or more unregistered or unlicensed motor vehicles or material which has been a part of any motor vehicle.
b. 
Incineration, reduction, storage or dumping of refuse, rancid fats, or garbage.
c. 
Sales of new or used motor vehicles and motor vehicle service stations.
d. 
Fuel oil depots and automobile repair shops.
a. 
Parking requirements.
1. 
Residential uses:
(a) 
Dwellings as required in R-75 zone.
2. 
Nonresidential uses:
(a) 
One off-street parking space shall be provided for each employee on the maximum work shift or one space for each 300 square feet of total floor area, whichever is greater.
(b) 
Each use located in this zone shall provide truck loading and unloading space and adequate access thereto, if required, on the same lot and in other than the required front yard so as to permit the transfer of goods in other than a public street.
(c) 
Parking and loading areas may be located in side and rear yards only.
3. 
All off-street parking facilities shall conform to the requirements of subsection 12-5.4.
b. 
Landscape Requirements.
1. 
Nonresidential uses shall provide landscaping to screen parking and loading areas from adjacent properties and from the public street.
2. 
All uses shall provide one street tree for each 25 feet of street frontage.
c. 
Outdoor Storage Requirements.
1. 
Any equipment, goods or materials stored in the open shall be located in a required yard area and shall be screened from view by a solid fence or wall.
2. 
Trash storage and recycling storage areas shall not be located in any front yard area and shall be fenced or screened from public view.
[Ord. 217; Ord. 227; Ord. 303; Ord. 331; Ord. 334; Ord. 480; Ord. 597; Ord. 608; Ord. 705; Ord. 744]
a. 
Apartment dwellings and rented rooms and all primary uses permitted in the R-75 residential zone.
b. 
Retail business establishments such as the following:
1. 
Stores selling groceries, specialty foods, meats, baked goods and other such food items;
2. 
Drug and pharmaceutical stores;
3. 
Stationery, tobacco and newspaper stores, luncheonettes and confectionery stores;
4. 
Package liquor stores and taverns;
5. 
Antique and general merchandise stores;
6. 
Hardware, appliance, furniture and electronic stores;
7. 
Clothing, accessory and jewelry stores;
8. 
Automotive dealers and auto supply stores, provided that all sales are conducted within an enclosed building and that no auto service facilities are provided unless approved as a motor vehicle service establishment pursuant to subsection 12-15.3b;
9. 
Restaurants, tea rooms and coffee shops; and
10. 
Art galleries and art studios, book stores, card and gift shops and florists.
c. 
Personal service establishments which are primarily engaged in providing services involving the care of a person or his or her personal needs or apparel, such as the following:
1. 
Barber and beauty shops;
2. 
Shoe repair shops;
3. 
Tailor shops, dry cleaning pickup shops and self-service laundries;
4. 
Residential professional offices as defined in subsection 12-4.55; and
5. 
Personal massage establishments.
d. 
Other business establishments, such as the following:
1. 
Horticultural uses including greenhouses when operated in conjunction with a retail business establishment of the type permitted by paragraph b above.
2. 
Business and professional offices, banks and financial institutions (see subsection 12-4.12 for definition of business office);
3. 
Commercial schools, conducted for profit; and
4. 
Theaters and similar places of public assembly.
a. 
Off-street parking facilities for the use of customers and employees.
b. 
Private garage space for the storage of commercial vehicles used in conjunction with a permitted business use.
c. 
Wireless communication antennas in accordance with the requirements specified in section 12-17B of this chapter.
d. 
Outdoor dining areas associated with licensed food establishments subject to specific design standards specified in subsection 12-5.5 of this chapter.
(See section 12-18).
a. 
Public utility uses.
b. 
Motor vehicle service establishments.
c. 
Pet grooming and supply uses.
d. 
Class 5 Cannabis Retailers as said term is defined in this chapter and section 3 of P.L. 2021, c. 16 (N.J.S.A. 24:6I-33), subject to the requirements set forth in section 12-18 and Chapter 20 of this Code.
[Added 9-8-2022 by Ord. No. 859]
a. 
Truck loading and unloading facilities and space, and adequate access thereto, shall be provided on the property in other than the front yard area in sufficient amount to permit the transfer of goods in other than a public street.
b. 
Off-street parking facilities shall not be located within 20 feet of the boundary of a residential zone unless screened by a solid fence and a landscape buffer of at least 10 feet in depth.
Off-street parking facilities shall be located at the rear or side of buildings; parking areas in excess of 20 cars shall contain internal landscaping, including at least one tree per four spaces and designated pedestrian walkways.
c. 
As a minimum, the uses enumerated below shall provide the specified number of parking spaces with suitable means for ingress and egress:
1. 
Dwellings. Two spaces for each dwelling unit of the family type and one for each rented room. This space requirement may be reduced by the number of spaces provided in private garages. Driveways may be used as required parking spaces for single-family dwellings.
2. 
Churches and Other Similar Public Meeting Places. One space for each four seats.
3. 
Club Houses. One space for each two members.
4. 
Other Public Buildings. One space for each 400 square feet of total floor area.
5. 
(Reserved)
6. 
Residential Professional Offices. One space for each 100 square feet of total floor area devoted to such use, but in no case less than three such spaces in addition to the spaces required for the dwelling.
7. 
Retail Business or Personal Service Establishment. One space for each 200 square feet of total floor area in excess of 1,400 square feet of total floor area devoted to such use. In the case of several such uses sharing a common parking area, such multiple uses shall be considered a single use for the purpose of determining parking need.
8. 
Theaters and Other Places of Public Assembly. Theaters and other similar places of public assembly shall provide off-street parking at the rate of one space for each three seats plus one space for each employee.
9. 
Business and Professional Offices, Banks and Financial Institutions. One space for each 250 square feet of total floor area.
10. 
Off-Street Parking Requirements for a Combination of Uses in the Same Structure or Related Structures. The parking requirements for each use shall be computed separately and then added together to determine the total number of required spaces. In all questionable cases, or for uses not enumerated, the planning board shall determine the required number of spaces, utilizing as a guide the requirements for the uses which are specifically enumerated.
[1]
Editor's Note: Former subsection 12-15.5, Maximum Store Size, previously codified herein, was repealed 11-3-2022 by Ord. No. 862.
[Ord. 679]
[1]
Editor's Note: Former section 12-16, M-R, Industrial Zone, previously codified herein and containing portions of Ordinance No. 217, was repealed in its entirety by Ordinance No. 679.
It shall be the purpose of this zone district to identify those areas in the borough that have been designated for farm preservation under any borough, county, or state program that limits the use of land in such areas for agricultural purposes and related accessory uses as permitted in the zone district.
Permitted uses are limited to such uses authorized by the farmland preservation program that designated the parcels in the zone district for such purposes.
Area, yard and building regulations, and off-street parking requirements in the FP zone district shall be the same as those required in the R-100 residence zone.
[Ord. 679]
It shall be the purpose of this zone district to identify those areas in the borough that are in public ownership (borough, county, state or federal) and those areas owned by private, nonprofit organizations that provide public service to the borough.
a. 
Noncommercial parks, playgrounds, and recreational areas;
b. 
Public schools and public buildings;
c. 
Permanent open space;
d. 
Public parks, playgrounds, and designated conservation areas; and
e. 
Municipal buildings, structures and facilities.
a. 
Off-street parking for the primary uses; and
b. 
Accessory uses and structures customarily incidental and subordinate to the primary use.
These requirements shall be the same as those provided in the R-75 residence zone.
[Ord. 303; Ord. 331; Ord. 391; Ord. 408]
It shall be the purpose of this zone district to provide housing standards which will encourage a mixture of dwelling unit types, sizes and cost levels at a density compatible with surrounding development and designed to relate favorably to the physical, social and aesthetic character of the borough; and to encourage imaginative planning and design techniques appropriate for the special features of the land in the zone.
a. 
MIXED HOUSING DEVELOPMENT - A housing development consisting of single-family detached dwelling units and a maximum of one-third townhouse dwelling units, and conforming to the appropriate development standards of this zone district.
b. 
TOWNHOUSE - One dwelling unit in a line of at least three but no more than eight connected dwelling units where each dwelling unit is compatibly designed in relation to all other units, but is distinct by such design features as width, setback, roof design, color, exterior materials, fenestration and other features, singularly or in combination. Each dwelling unit may have up to two and one-half stories but nothing in this definition shall be construed to allow one unit over another.
a. 
Mixed housing developments.
b. 
All primary uses permitted in the R-100 zone.
All secondary uses permitted in the R-100 zone.
a. 
All mixed housing developments shall include both townhouse units and single-family detached units at a gross density of not more than three units per acre.
b. 
Single-family detached units not part of a mixed housing development shall conform to the density requirements of the R-100 zone district.
a. 
Mixed Housing Developments.
1. 
Minimum lot size for a mixed housing development shall be 10 acres. The lot size of each parcel within a mixed housing development shall be determined under subsection 12-17.8b below.
2. 
Minimum depth for all yards on the border of a mixed housing development shall be 30 feet, except that where adjacent to a public street the depth shall be 40 feet. The yard requirements for each parcel within a mixed housing development shall be determined under subsection 12-17.8b, below.
3. 
Maximum lot coverage, as to each single family detached dwelling unit lot and collectively in total as to all improvements in the entire development, shall be 35%.
4. 
No building shall exceed 35 feet or two and one-half stories in height.
5. 
All mixed housing developments shall have two means of access to a public street. In those instances in which mixed housing development streets connect to existing improved borough streets, the new street shall maintain the scale and character of the existing street in terms of paving width, curbing and sidewalk type and location, street trees, etc.
6. 
Floor Area ratio requirements shall be as follows:
Townhouse unit lot
0.50
Duplex unit lot
0.30
One-family attached unit lot
0.24
a. 
Nonresidential Uses. As required in zone district R-75.
b. 
Residential Uses.
1. 
Two spaces for each dwelling unit with three or more bedrooms.
2. 
One and three-quarters spaces for each dwelling unit with two bedrooms.
3. 
One and one-half spaces for each dwelling unit with one bedroom or less.
4. 
Off-street parking areas shall not exceed 20% of total lot area.
5. 
Parking in any required yard area shall be prohibited.
a. 
Recreation space shall be provided at the rate of 400 square feet or area for each dwelling unit and recreation areas shall be built and equipped with suitable facilities for all resident age groups.
b. 
Development proposals shall be subject to the site plan review requirements of Chapter 13 and planning board findings shall be in accordance with R.S. 40:55D-45.
c. 
All dwelling units shall be connected to and adequately served by approved public water, public sewerage and drainage systems.
d. 
All streets, both internal and external driveways, parking areas, sidewalks, curbs, gutters, street lighting, shade trees, water mains, water systems, culverts, storm sewers, sanitary sewers, pumping stations, retention ponds and such other improvements which may be found to be necessary in the public interest shall be installed at the expense of the developer and shall be completed to the satisfaction of the planning board before a certificate of occupancy may be issued. In lieu of total completion of the above, a performance bond may be accepted.
e. 
In any development which proposes a homeowner's association, or other form of residents' organization for the ownership, maintenance, and for the preservation of common open spaces or recreational areas or other facilities, such organization shall be established before the sale or rental of any dwelling units. The form of such organization shall be subject to the review and approval of the borough attorney and his review shall be guided by the standards of R.S. 40:55D-43.
[Ord. 480; Ord. 491; Ord. 645; Ord. 728]
The purpose of this section is to specify and regulate signage for appropriate advertising and communication purposes that will not, by reason of size, location, design, construction or manner of display, endanger the public safety of individuals; confuse, mislead, distract or obstruct the vision necessary for traffic safety; create visually or aesthetically undesirable land uses; or otherwise endanger the public health, safety, welfare or morals of residents or travelers of the Borough of Hopewell.
As used in this section, the following terms shall have the meanings indicated:
APPROVING AUTHORITY
Shall mean the Planning Board, Zoning Board of Adjustment or Zoning Officer of the Borough of Hopewell.
AWNING SIGN
Shall mean any sign or message that is mounted, painted or otherwise attached to an awning or other window or door covering that is permitted by the Borough of Hopewell Zoning Ordinance.
BENCH SIGN
Shall mean a sign located on or attached to any part of the surface of a bench, seat or chair placed on or adjacent to a public roadway.
DESIGN ENHANCEMENT FEATURE
Shall mean any portion of a sign structure intended to improve the physical appearance of a sign, including roofs, molding, lattice and other decorative features.
DIRECTORY-OF-OCCUPANTS SIGN
Shall mean a sign or plate listing tenants or occupants of a building and which may indicate their respective professions or business activities.
FACADE
Shall mean the total wall surface, including door and window area, of a building's principal face. In computing the permitted sign area, only one face of a building may be used as the principal face.
FLASHING SIGN
Shall mean an illuminated sign in which the artificial light is intermittent or is not maintained in a stationary position or constant intensity. Signs lit by means, such as neon, LED or other such technology that flash or strobe.
FREESTANDING SIGN OR DISPLAY
Shall mean any sign or display not affixed to a building.
GROUND SIGN
Shall mean a freestanding sign which is supported by one or more poles or braces or by a base that is in contact with the ground.
ILLUMINATED SIGN
Shall mean a sign lighted by an exterior or interior artificial light source.
INFLATABLE SIGN
Shall mean any inflated display used on a permanent or temporary basis to advertise a product or event. Inflatable signs shall include all manner of balloons used for any display purpose.
MARQUEE SIGN
Shall mean a sign designed so that characters, letters, illustrations or other graphics may be changed or rearranged without altering the background face or surface and designed for temporary or permanent display as a freestanding sign located along a public roadway.
NAKED LIGHT DISPLAY
Shall mean any use of unshielded lights used individually or in strings to attract the attention of the general public.
OFF-BROAD STREET DIRECTIONAL SIGN
Shall mean a ground sign, located at specified intersections or locations along Broad Street, providing direction to nonresidential uses which are located within the Borough but are not clearly visible from Broad Street.
PORTABLE SIGN
Shall mean a sign which is not permanently attached to the ground or other permanent structure, and can be easily transported, such as signs transported on wheels or sandwich board signs.
REAL ESTATE SIGN
Shall mean a sign which is used to advertise any real property for sale, lease or rental purposes, including all temporary signs located on the property of a real estate office, and off-site directional signs used for open house advertising.
RESIDENCE DESIGNATION SIGN
Shall mean a sign or nameplate indicating the name or address or both, of the occupants of a residential property.
ROOF SIGN
Shall mean a sign erected above or on the roof of a building any part of which extends more than six inches above the facade of the building.
SEARCH LIGHT DISPLAY
Shall mean any use of any lighting technology intended to attract the general public by the waving or moving of light beams.
SHINGLE SIGN
Shall mean a hanging unlit sign that is either wholly or partially attached to a principal building.
SIDEWALK SIGN
Shall mean any temporary freestanding display located on the sidewalk or sidewalk area adjacent to a public roadway or storefront.
SIGN
Shall mean every sign, including but not limited to every ground sign, roof sign, shingle sign, canopy sign, wall sign, window sign, illuminated sign and temporary sign, and including any visual display, flag or banner, used to identify or draw the attention of the public to any use, building, organization, business, product, individual or service when the same is placed so that it is clearly visible from any area open to the public.
SIGN AREA
Shall mean the total square foot content of the background upon which the lettering or display is presented. If there is no background, the sign area shall be computed as the product of the largest horizontal width and the largest vertical height of the lettering or display. This shall not be construed to include support or design enhancement features of any sign which are used solely for such purpose. For signs with two display faces, the maximum area requirement shall be permitted on each side.
SIGN HEIGHT
Shall mean the vertical distance from the point of contact with the ground to the highest level of any portion of the sign, including support and design enhancement features.
SUPPORT
Shall mean any portion of a sign structure designed to elevate, suspend, anchor, brace or hold a sign or design enhancement feature.
TEMPORARY SIGN
Shall mean any sign or advertising display constructed of cloth, canvas, fabric, plywood or other lightweight material and designed or intended to be displayed for a short period of time.
VEHICLE ADVERTISING
Shall mean the use for advertising purposes of any vehicle not involved in the transportation needs of the business advertised.
VENDING MACHINE SIGN
Shall mean any sign, display or other graphic attached to or integrated with a coin operated machine dispensing food, beverages, reading material, or other products.
WALL SIGN
Shall mean any sign attached to, painted upon or erected against the wall or facade of a building or structure and not extending more than six inches from the building face or facade of the structure.
WINDOW AND DOOR SIGN
Shall mean a sign maintained in or painted upon a window or door which is clearly visible to the general public from any area open to the public.
No sign shall be altered, erected or maintained except in conformity with the provisions of this section.
a. 
No sign shall be placed in such a position that it will cause confusion or danger to street traffic by obscuring vision or by simulating official, directional or warning signs maintained by any governmental body, railroad or public utility.
b. 
No sign visible from the public right-of-way shall use an arrow device or simulate a stop sign or stop light. No sign shall be placed in any sight triangle easement required by the Borough of Hopewell.
c. 
No sign shall be erected within or over the right-of-way of any street unless authorized by this or other ordinances of the Borough of Hopewell.
d. 
No sign shall be permitted for a use no longer in existence or a product no longer available and shall be removed within three weeks from the date the use is discontinued or the products no longer available. Violation of this paragraph is subject to fine plus the cost of removal.
e. 
No sign shall be permitted which is not accessory to the business or use conducted on the property.
f. 
No permanent sign shall be attached to trees, fence posts, stumps, utility poles, bridges, rocks or like features not considered to be advertising supports.
g. 
No sign shall be lighted by using unshielded bulbs or neon tubes, light-emitting diode (LED), mirrors reflecting a direct light source or similar devices.
h. 
No bench signs, roof signs, naked light displays, tubing or strings of lights for advertising purposes, vehicle advertising signs, rotating signs, live action signs, flashing signs, search light displays and animated or moving signs of any kind are permitted.
i. 
Banners, spinners, flags, pennants, streamers and other moving objects, and inflatable signs used for advertising purposes, whether containing a message or not, are prohibited unless authorized under subsection 12-17A.6e (Temporary Sign) or otherwise conforming to this section.
j. 
Portable signs, including marquee and sidewalk signs are prohibited except where permitted by other provisions of this section.
The following types of signs are permitted in all areas of the Borough:
a. 
Interior signs which do not attract the attention of the public from a public right-of-way or an adjoining property.
b. 
Official notices, legal notices and signs required by law.
c. 
Public service signs as aids to safety or service.
d. 
Flags, emblems or other insignia of a nation, state, county, municipality, school, business or religious group, provided that no more than one flag, emblem or insignia shall be permitted for each governmental entity, school, business or religious group. No more than three flags or similar displays shall be permitted for each business or use.
e. 
Wall signs for recognized nonprofit service organizations. Such signs shall not exceed nine square feet in area.
f. 
Residence designation signs and historic plaques not exceeding one-half square foot in area.
g. 
Signs indicating the private nature of a road, driveway or other premises, such as guiding internal traffic patterns, and signs controlling the use of private property such as the prohibition of hunting or fishing provided there contains no advertising matter or messages.
h. 
A single wall sign indicating a permitted home occupation or home professional office, not exceeding 1 1/2 square feet in area, and not projecting more than three feet from the building facade.
i. 
A single ground sign for private clubs, private recreational facilities and multi-family residential structures in excess of 50 units. Such a sign shall not exceed six feet in height nor four square feet in area.
In zones R-O, B-R and S, the following signs shall be permitted in addition to those permitted in all zones:
a. 
Each structure is permitted a total of 50 square feet of combined sign area, limited to a maximum of three total signs in accordance to the provisions set forth below (subsection 12-17A.5,a, 1-9):
1. 
Wall Sign. Each permitted use may have one wall sign, provided that the sign shall not exceed an area equal to 5% of the area of the facade upon which it is erected, or 50 square feet, whichever is smaller. In computing permitted sign area, only one face of a building may be used as the principal face. In the case of a use located on the ground floor of a multi-story building, only the first floor facade area shall be used for the purposes of calculating the permissible sign area.
In the case of a multi-occupancy structure, the allowable sign area shall be distributed among occupants having street level frontage. Single tenant structures shall use the first floor facade area for purpose of calculating permitted sign area.
2. 
Wall Sign - Corner. Corner uses may have a second wall sign, provided that such sign is located on the secondary street facade and does not exceed an area equal to one-half of the area of the primary street facade wall sign, or 25 feet, whichever is smaller.
3. 
Directory of Occupants Sign. Each multi-occupancy structure may display one directory-of-occupants sign not exceeding eight square feet in area, providing that the directory is located within a side or rear yard and providing the property contains five or more tenants.
4. 
Shingle Sign. One shingle sign not exceeding six square feet in area is permitted for each use provided the permitted wall sign area is reduced by the size of the shingle sign.
5. 
Awning and Window Signs. Awning and window signs are permitted provided the total area of said signs is consistent with the provisions of paragraph subsection 12-17A.5a. The area of signs shall be calculated by multiplying the largest horizontal and vertical dimensions of any lettering, display or graphic.
6. 
Ground Sign. The following restrictions shall apply:
(a) 
Only one ground sign shall be permitted on any single lot, regardless of the number of establishments on the property,
(b) 
Corner uses may have a second ground sign, provided that such sign is located on the secondary street frontage and does not exceed an area equal to one-half of the area of the primary ground sign.
(c) 
Size. The area of freestanding signs is limited as follows:
(1) 
Signs may not exceed 12 square feet.
(2) 
No part of the sign shall be permitted to protrude more than one foot from either side of the surface on the sign;
(3) 
If more than one business is located on a lot, the sign area permitted shall be as follows:
[a] 
The single freestanding sign may be a directory sign with a total area as regulated in subsection 17A.5a,3 above or, if that does not accommodate a minimum of one square foot panel for each tenant, a sign area sufficient to do so shall be allowed; or
[b] 
The single freestanding sign may identify the building or the primary occupant and a nonilluminated directory sign not exceeding one square foot per tenant may be permitted on the ground floor facade.
(d) 
Height. The height of a freestanding sign shall not exceed seven feet. Height shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of the existing grade prior to construction or the newly established grade after construction, exclusive of any filling, berming, mounding, or excavation solely for the purpose of locating the sign.
(e) 
Location. The sign shall be at least five feet from any property line and no case closer than three feet from the sidewalk.
(f) 
Lighting. Lighting shall be as prescribed herein (subsection 12-17A.7).
7. 
Off-Broad Street Directional Signs. Off-Broad Street directional signs, installed and maintained by the Hopewell Business Association (HBA), or other organization as authorized by the planning board, shall be permitted in accordance with the following standards, regulations and procedures:
(a) 
Such signs shall be nonilluminated painted or engraved wood single pole ground signs, subject to size and design specifications approved by the planning board. However, no sign shall exceed seven feet in height nor eight square feet in area.
(b) 
Authorized sign locations are the following intersections or locations along Broad Street: Mercer Street, Greenwood Avenue, Blackwell Avenue, Seminary Avenue, Hamilton Avenue, Princeton Avenue, Hopewell Village Square.
(c) 
Signs shall be located within street rights-of-way, unless permission for location on private property is obtained by the HBA. Signs shall not be located within any street intersection sight triangles and shall not otherwise interfere with traffic visibility. All specific sign locations shall be approved by the borough engineer.
(d) 
Any fees charged by the HBA for the cost and maintenance of such signs shall be subject to Borough Council approval.
8. 
Gasoline Service Station Sign. Gasoline service stations may display, in addition, the following signs:
(a) 
One ground sign not exceeding 16 square feet in area and not exceeding 15 feet in height.
(b) 
Two temporary nonilluminated signs advertising special seasonal services, provided said signs each do not exceed nine square feet in area.
(c) 
Customary lettering or other insignia which constitutes a structural or functional part of a fuel pump.
(d) 
One nonilluminated sign indicating gasoline price information, provided that said sign does not exceed 20 square feet in area or six feet in height.
(e) 
Internally lighted signs shall provide no more than 1.0 foot-candles when measured two feet from any sign surface. Internally lighted signs, shall provide a dark background and light lettering; in no case shall internally lighted signs use stark white graphics of any kind. Whenever necessary, the approving authority may require submission of a sample of the material to be used for any sign.
9. 
Vending Machine Signs. Where attached to coin operated vending machines located in conformance with the Borough Code, vending machine signs shall be permitted in all nonresidential zones; however, all such signs located within the front yard of a use and exceeding one square foot in area shall subtract the aggregate vending machine sign area in excess of one square foot from the permitted sign area for wall, ground or other permitted sign types.
The following temporary signs are permitted in all areas. In no case may a temporary sign be illuminated.
a. 
Real Estate Sign. Real estate signs advertising the sale or rental of the premises or property upon which they are located. Such signs shall be removed within seven days of the completion of sale or rental transaction and shall be restricted in size and number as follows:
1. 
Residential properties shall not display more than one real estate sign, not more than six square feet in area, except that a corner property or through lot may display one such sign on each street frontage.
2. 
Nonresidential property shall not display more than one real estate sign, not more than 12 square feet in area, except that a corner property or through lot may display one such sign on each street frontage.
3. 
All real estate signs shall be located not less than 10 feet from any street curb or paved roadway area, and shall not be located within any intersection sight triangle.
b. 
Contractor Sign. Contractor signs are permitted on construction sites and shall not exceed six feet in height nor 12 square feet in area. They shall be removed within 14 days after the completion of the construction work, or upon request for the issuance of a certificate of occupancy. Not more than one sign shall be located on each street frontage.
c. 
Campaign Sign. Campaign signs announcing or advertising any political, educational, charitable, civic, professional, religious or like campaign or event are permitted. Such signs shall not be permitted for a continuous period exceeding 31 days in any calendar year, shall not exceed 12 square feet in area and shall be removed within 48 hours of the conclusion of the campaign or event.
d. 
Personal Property Sale Sign. Announcements of the sale of an individual's personal property. Such signs shall not exceed six square feet in area and shall not be displayed for a total period exceeding 31 days in any calendar year.
e. 
Signs, Banners, Pennants. Signs, banners, pennants and similar attention getting devices may be permitted to advertise special events including but not limited to grand openings, special sales, and promotion of seasonal events or products provided the following procedure is followed:
1. 
Signs, banners and pennants shall not exceed 20 square feet in area.
2. 
Application shall be made to the zoning officer on forms provided for that purpose. The form will indicate the regulations for such signs. No application fee will be required.
3. 
The zoning officer will review completed forms and advise the applicant within seven days of permit application approval or denial.
4. 
Such sign displays shall be removed within the time period authorized in the application form.
5. 
No use shall be permitted more than three such applications in any calendar year.
f. 
Window Sign. Window signs located and displayed on the inside of windows of business uses. Such signs shall not exceed 20% of the gross area of the window and shall not be displayed for more than 10 days in any thirty-day period.
g. 
Sidewalk Sign. Each permitted retail use in the B-R zone that has ground level frontage on a public right-of-way may display a single portable, sidewalk sign, provided the following regulations and standards are met:
1. 
Sign shall be elevated from the ground using one or more supports.
2. 
Sign shall be placed in front of the commercial use and shall not block any entranceway.
3. 
Sign size shall either not exceed eight square feet in area or not exceed four feet in height and two feet in width. If a sign is two-sided, only one side shall be used for the purpose of calculating the permitted sign area.
4. 
Sign may be displayed only during hours of the commercial use's operation.
5. 
Sign shall not be located in any sight triangle and shall not obstruct pedestrian traffic.
6. 
Sign material shall be wood, slate, board and/or finished metal and shall not be illuminated.
The following design standards shall apply to all signs:
a. 
The use of professionally lettered and painted wood signs, in a size and style as well as color and shape that will maintain the historic quality and dignity of the borough, shall be encouraged.
b. 
All signs, other than permitted temporary signs, shall be constructed of durable materials and shall be adequately maintained. All cracked, warped or broken members of a sign shall be replaced. Deteriorated surfaces which evidence rusting, flaking or cracking shall be replaced or repaired. All broken or cracked glass shall be replaced. Any sign which fails to meet the maintenance provisions of this section shall be repaired or removed within 30 days of receipt of written notification from the zoning officer.
c. 
The contents of any permanent sign shall be limited to property and occupant identification, company emblem and logos, and concise messages identifying the use, product or service of the property. Unnecessarily detailed messages, descriptions and graphics are prohibited.
d. 
Ground signs shall be supported by one or more columns or uprights which are firmly embedded in the ground. Exposed guide wires, chains, piping or similar connections shall not be used to support any ground sign. Ground signs shall not be located in any sight triangle and shall not obstruct pedestrian traffic.
e. 
The total area of all columns, roofs, beams, bases and other design features used to support or enhance a sign shall not exceed the total area of the subject sign. For the purposes of this requirement, the area of all sign support and enhancement features shall be considered the product of maximum horizontal and vertical measurement of the total sign structure minus the sum of the sign area and any air space located between the sign and the support and design enhancement sign features.
f. 
In addition to the sign size restrictions established by this section the depth of any sign or related support or design enhancement feature shall not exceed two feet.
g. 
Where possible, signs shall be aligned with other signs on adjacent buildings and storefronts. If several establishments share a common building frontage, use of a common sign format shall be encouraged.
h. 
New sign plans for existing development shall recognize the provisions of this section relating to nonconforming signs and shall consolidate and improve existing signs whenever possible. All changes to existing signs shall conform to all applicable provisions of this section.
i. 
Sign lighting shall be arranged to reflect light and glare away from adjoining properties and public ways using shielded light fixtures.
j. 
External ground lighting of signs shall be landscaped with evergreen plantings and shall provide no more than two 150 watt spotlights per sign. All lighted signs shall provide automatic shut-off devices that discontinue sign lighting after 10:00 p.m., or one-half hour after business closing, whichever is later.
k. 
All illuminated signs shall be either indirectly lighted or of the diffused lighting type. Ground signs, if illuminated, shall be illuminated by an exterior source only.
l. 
Signs not specifically permitted by the provisions of this section are prohibited.
All existing signs must comply with all provisions of this section except as follows:
a. 
Nonconforming temporary signs may continue to be displayed for a period not to exceed 120 days from the effective date of this section.
b. 
Notwithstanding the provisions of paragraph a above, the following nonconforming signs shall be removed within 30 days, or as otherwise indicated, from the effective date of this section, and any replacement signs shall comply with all provisions of this section.
1. 
Signs advertising a discontinued use or product no longer available.
2. 
Signs not maintained in a safe, sound and good condition as specified herein.
3. 
Signs which have suffered damage or are in disrepair so that they require reconstruction or extensive repair.
4. 
All signs in excess of the number of signs allowed for a permitted use or group of permitted uses in any given zone shall be removed within 90 days from the effective date of this section.
c. 
Notwithstanding the provisions of paragraphs a and b above, any nonconforming sign related to or advertising any use, tenant or occupant, shall be removed upon a change of use, tenant or occupant, and any replacement sign or signs shall conform to all provisions of this section.
d. 
In the case of signs and advertising structures relating to nonconforming uses (uses located in a zone where such uses are not permitted by the Zoning Ordinance), the zoning officer shall make a determination of the zone where such use would be permitted and shall then apply the standards and requirements of the section for that zone.
A permit shall be secured from the zoning officer for the erection, or change in location of any conforming permanent sign other than an exempt sign. A permit shall be secured from the zoning officer for the erection of any temporary sign other than an exempt sign. The provisions of this section shall be enforced by the zoning officer. If the zoning officer shall find that any of the provisions of this section are being violated, he shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. This action may include removal or alteration of illegal signs or discontinuance of any illegal work being done, or other action to ensure compliance with or to prevent violation of its provisions, illegal signs erected upon public property may be removed by the zoning officer.
a. 
It shall be unlawful to erect, maintain or display a new sign or an addition to an existing sign without first obtaining a permit from the zoning officer, based upon an application in writing, except as specifically set forth herein.
b. 
Signs in violation shall be removed within 24 hours. Thereafter, each day that such violation exists shall constitute a penalty of $25 per day for the first 30 days and $500 per day for every day the violation existing thereafter.
c. 
The following signs are exempt from the application requirement of paragraph a above:
1. 
All signs permitted in subsection 12-17A.4, except paragraph i.
d. 
Application fees. Application for new signs shall be $50.
The provisions of this section shall be subject to the jurisdiction of the planning board and zoning board of adjustment pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
[Ord. 608]
As used in this section, the following terms shall have the meanings indicated:
WIRELESS COMMUNICATION
Shall mean any personal wireless service as defined in the Federal Telecommunications Act of 1996 ("FTA"); i.e., FCC-licensed commercial wireless telecommunication services, including cellular, PCS, SMR, ESMR, paging, and similar services that currently exist or that may in the future be developed. "Wireless communications" does not include any amateur radio facility that is under 70 feet in height and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor does it include any parabolic satellite antennas, nor does it include nonwireless telephone service.
WIRELESS COMMUNICATION ANTENNA
Shall mean any device which is used for the transmission and reception of wave frequencies for the purpose of any wireless communication as defined hereinabove. For the purposes of this section, wireless communication antennas shall not be considered to be a public utility.
WIRELESS COMMUNICATION TOWER
Shall mean a free-standing monopole structure on which one or more antennas are attached, but shall not mean existing structures such as silos, steeples, cupolas or water tanks.
It is the overall purpose of this section to provide specific zoning conditions, standards and limitations for the location, approval and operation of wireless communication antennas within the Borough of Hopewell that recognize the need to safeguard the public good, health, safety and welfare and preserve the intent and the purposes of the Hopewell Borough master plan and zoning ordinance.
It is understood by the Borough of Hopewell that the federal government, through the Federal Communications Commission (FCC), issues licenses for wireless communications, and that the FCC requires the license holders to provide coverage within the areas so licensed.
However, it also is understood by the Borough of Hopewell that the Federal Telecommunications Act of 1996 ("FTA") expressly preserves the zoning authority of the borough to regulate the placement, construction and modification of personal wireless service facilities subject to the six limitations noted at Section 332(c)(7)(B) of the FTA.
In this regard, the FTA does not abrogate local zoning authority in favor of the commercial desire to offer optimal service to all current and potential customers, and the providers of the personal wireless services must bear the burden of proving that any proposed service facility is the least intrusive means of filling a significant gap in wireless communication services in the area.
The overall objective of this section is to allow the provision of wireless communication services while, at the same time, limiting the number of antennas and supporting towers to the fewest possible, and only in those locations which do not negatively impact upon the prevailing unique and visually attractive historic village character of the borough.
In this regard, the Borough of Hopewell, a designated "Village Center" on the New Jersey State Development and Redevelopment Plan, is a small municipality of only 480 acres in total area, which was founded in 1706 and which is characterized by tree-lined streets, historic frame homes and small shops.
The borough is largely developed; therefore, and understandably, the emphasis is on the avoidance of new development that may have substantial detrimental impacts on the existing character of the built environment, either physical or visual.
a. 
To minimize the total number of wireless communication towers within the Borough of Hopewell;
b. 
To limit the impact of wireless communication antennas, towers and related facilities upon the residences and the streetscapes throughout the Borough of Hopewell;
c. 
To safeguard the prevailing and historic character of development throughout the Borough of Hopewell, with particular emphasis on maintaining the prevailing character of the historic districts and sites throughout the borough;
d. 
To encourage the location of antennas upon, or within, existing structures including, but not limited to, existing towers, tanks, cupolas, steeples and silos;
e. 
To encourage the co-location of antennas on the fewest number of existing structures within the Borough of Hopewell;
f. 
To discourage the construction of new towers that are not likely to be used by a number of wireless communication carriers;
g. 
To encourage the communication carriers to configure their facilities in a manner that minimizes and mitigates any adverse impacts upon affected properties, streetscapes and viewsheds through careful design, siting, landscape screening and innovative camouflaging techniques;
h. 
To encourage the use of alternate technologies which do not require the use of towers, or require towers at relatively lesser heights;
i. 
To enhance the ability of the carriers of wireless communications services who adhere to the letter and intent of these section provisions to provide such services quickly, effectively and efficiently; and
j. 
To comply with the mandate of the Federal Telecommunications Act of 1996, 47 U.S.C. Section 332 (c)(7), which preserves local government authority to enforce zoning requirements that protect public safety, public and private property and community aesthetics.
This section shall not apply to any tower or the installation of any antenna that is under 70 feet high and is owned and operated only by a federally licensed amateur radio station operator or is used exclusively to receive transmissions, nor shall it apply to any parabolic satellite antennas or nonwireless telephone services.
Wireless communication antennas may be located only at the following two prioritized locations:
a. 
First Priority Locations. The first priority locations for wireless communication antennas shall be on the existing towers and tank or within the existing cupolas, steeples or silos in Hopewell Borough identified in Addendum I to this section;[1] antennas so located are permitted uses.
[1]
Editor's Note: Addendum I, referred to herein is included as an attachment to this chapter.
b. 
Second Priority Locations. The second priority locations for wireless communication antennas shall be on wireless communication towers on lands with an existing grade at least 215 feet above sea level within the R-100 residential zone only; antennas so located are conditionally permitted uses.
a. 
The location of wireless communication antennas on or within the structures in Hopewell Borough identified in Addendum I[1] shall be considered permitted uses and shall require site plan review and approval of a submitted application by the Hopewell Borough Planning Board in accordance with Chapter 13, Site Plan Review, of the Revised General Ordinances of the Borough of Hopewell.
[1]
Editor's Note: Addendum I, referred to herein is included as an attachment to this chapter.
b. 
In addition to the information otherwise required for site plans as identified on the borough's development application checklist, the applicant shall provide the following information to the planning board:
1. 
Any proposed structural modification to the existing tower, tank, cupola, steeple or silo that is necessary to accommodate the proposed antennas, provided that the height of the existing structure shall not be increased;
2. 
Details of the proposed antennas, which shall be flush-mounted antennas totaling no more than six in number;
3. 
The proposed location and landscape screening of any shelters enclosing the related electronic equipment;
4. 
Any other construction that may be proposed or required regarding the installation of the proposed antennas; and
5. 
The height of any proposed antenna attached to an existing structure, provided that no antenna shall extend higher than 10 feet above the height of the existing structure.
a. 
Regarding the second priority locations for wireless communication antennas on wireless communication towers on lands with an existing grade at least 215 feet above sea level zoned within the R-100 residential zone, any such proposed tower, antennas and related equipment shall require both conditional use approval in accordance with section 12-18 of this ordinance, and preliminary and final site plan approvals in accordance with Chapter 13, Site Plan Review, of the Revised General Ordinances.
b. 
The following information shall be submitted for site plan approval, and the referenced subsections 12-17B.9, 12-17B.10, 12-17B.11, and 12-17B.12 contain the specific conditions, standards and limitations for wireless communication antennas on wireless communication towers in the Borough of Hopewell:
1. 
In order to be declared complete, the initially submitted application shall include all of the applicable documentation and items of information identified on the borough's development application checklist for preliminary and final site plans as specified in Chapter 13, Site Plan Review, of the Revised General Ordinances;
2. 
In order to be declared complete, the initially submitted application shall include an overall comprehensive plan in accordance with subsection 12-17B.9 of this section hereinbelow;
3. 
In order to be declared complete, the initially submitted site plan shall indicate conformance with all of the Area and Setback Conditions set forth in subsection 12-17B.10 of this section hereinbelow;
4. 
In order to be declared complete, the initially submitted site plan shall indicate conformance with each of the design conditions set forth in subsection 12-17B.11 of this section hereinbelow;
5. 
In order to be declared complete, the initially submitted application shall include the additional conditions indicated in subsection 12-17B.12 of this section hereinbelow; and
6. 
During the public hearing process, the applicant shall schedule the time for a crane or balloon test with the borough clerk in order to provide the members of the planning board and the general public the opportunity to view a crane or balloon at the location and height of the proposed tower. Thereafter, a visual sight distance analysis shall be prepared by the applicant and presented to the planning board, including photographic reproductions of the crane or balloon test, graphically simulating the appearance of the proposed tower, with at least three antenna arrays attached thereto and from at least 15 locations around and within one mile of any proposed tower where the tower will be most visible.
a. 
In order to effectuate the purposes, objectives and goals of these section provisions, any applicant for approval to erect a new supporting tower for wireless communication antennas shall provide threshold evidence that the proposed location of the tower and antennas has been planned to result in the fewest number of towers within and around the Borough of Hopewell at the time full service is provided by the applicant.
b. 
The applicant shall provide an overall comprehensive plan indicating how it intends to provide full service within and around the Borough of Hopewell and, to the greatest extent possible, shall indicate how its plan specifically relates to and is coordinated with the needs of all other providers of wireless communication services within and around the borough.
c. 
The overall comprehensive plan shall indicate the following, and this information shall be provided at the time of the initial submission of the application:
1. 
The mapped location and written description of all existing and approved supporting towers for all providers of wireless communication services within one mile of the subject site, both within and outside of Hopewell Borough;
2. 
The mapped location and written description of all existing or approved water towers or water standpipes and existing high tension power line stanchions within one mile of the subject site, both within and outside of Hopewell Borough;
3. 
Why the proposed antennas could not be located on any of the structures listed and mapped in Addendum I[1] attached to these ordinance provisions;
[1]
Editor's Note: Addendum I, referred to herein is included as an attachment to this chapter.
4. 
How the proposed location of the proposed antennas specifically relates to the anticipated need for additional antennas and supporting structures within and near the Borough of Hopewell by the applicant and by other providers of wireless communication services within the borough;
5. 
How the proposed location of the proposed antennas specifically relates to the objective of collocating the antennas of many different providers of wireless communication services on a single supporting structure; and
6. 
How the proposed location of the proposed antennas specifically relates to the overall objective of providing adequate wireless communication services within the Borough of Hopewell while, at the same time, limiting the number of towers to the fewest possible, including alternate technologies which do not require the use of towers or require towers of a lesser height.
a. 
The proposed tower, antennas and ancillary related electronic equipment shall be located on a land area no less than 20,000 square feet;
b. 
The minimum required land area shall either be a separate undeveloped lot or a leased portion of an existing undeveloped or developed lot;
c. 
The proposed tower, antennas and related equipment, and any approved building housing the electronic equipment and any approved camouflaging of the tower, shall be the only land uses located on the subject land area, whether a separate lot or a leased portion of a lot; and
d. 
Except for any access driveway into the property, required landscaping and any underground utility lines reviewed and approved by the planning board as part of the site plan submission, no building, tower, other structure and/or disturbance of land shall be permitted within 100 feet of any street line and within 50 feet of any lot line of any adjacent property, provided that, in any case, no building, tower, other structure and/or land disturbance shall be located within 500 feet of any historic district or site as duly designated by Hopewell Borough, the State of New Jersey and/or by the federal government.
a. 
All towers shall be a monopole design.
b. 
All towers shall be camouflaged (e.g., housed in a silo, bell tower, etc., or made to look like a tree or a non-oversized flagpole) as may be appropriate in the context of the visibility of the tower from different vantage points throughout the borough and the existing land uses and vegetation in the vicinity of the subject site.
c. 
The height of any proposed new tower and the antennas attached thereto shall not exceed 125 feet from the existing ground level beneath the tower.
d. 
No signage is permitted except such information signs deemed necessary for safety purposes by the planning board.
e. 
Minimal off-street parking shall be permitted as needed and as specifically approved by the planning board.
f. 
No lighting is permitted on a tower except lighting that specifically is required by the Federal Aviation Administration (FAA), and any such required lighting shall be focused and shielded to the greatest extent possible so as not to project towards adjacent and nearby properties. The applicant shall provide to the planning board all applicable FAA standards regarding lighting that may apply to a proposed tower.
g. 
Individual shelters for the required electronic equipment related to the wireless communications antenna(s) shall be permitted in accordance with the following design criteria:
1. 
Any proposed shelter enclosing required electronic equipment shall not be more than 15 feet in height nor more than 250 square feet in area, and only one such shelter shall be permitted for each provider of wireless communication services located on the site;
2. 
No electronic equipment shall interfere with any public safety communications;
3. 
All of the electronic equipment shall be automated so that the need for onsite maintenance and the commensurate need for vehicular trips to and from the site will be minimized;
4. 
All of the required electronic equipment for all anticipated communication carriers to be located on the subject site shall be housed within a one and one-half story building, which building shall not exceed 1,000 gross square feet in area and 20 feet in height, and which shall be designed with a single-ridge, pitched roof with a residential or barn-like appearance; and
5. 
The building may have one light at the entrance to the building, provided that the light is attached to the building, is focused downward and is switched so that the light is turned on only when workers are at the building.
h. 
Between the location of the tower and the building enclosing related electronic equipment and any public street or residential dwelling unit or residential zoning district within view of the tower and the building, landscaping shall be provided in accordance with the following:
1. 
The landscaping shall consist of a combination of existing and/or newly planted evergreen and deciduous trees and shrubs of sufficient density to screen the view of the tower, particularly at its base, to the maximum extent reasonably possible, and to enhance the appearance of the building from the surrounding residential properties and any public street;
2. 
The landscaping plan shall be prepared by a licensed landscape architect who shall present testimony to the planning board regarding the adequacy of the plan to screen the tower from view and to enhance the appearance of the building; and
3. 
Any newly planted evergreen trees shall be at least eight feet high at time of planting, and any newly planted deciduous trees shall be a minimum caliper of three inches at time of planting.
a. 
Documentation by a qualified expert that any proposed tower will have sufficient structural integrity to support the proposed antennas and the anticipated future collocated antennas and that the structural standards developed for antennas by the Electronic Industries Association (EIA) and/or the Telecommunication Industry Association (TIA) have been met;
b. 
A letter of intent by the applicant, in a form that is reviewed and approved by the borough attorney, indicating that the applicant will share the use of any tower with other approved wireless communication carriers at reasonable rates that are economically viable; and
c. 
The applicant (and the landowner in the instance of a leased property) shall provide a performance bond and/or other assurances satisfactory to the planning board, in a form approved by the borough attorney, that will cause the antennas, any supporting tower, the electric equipment cabinets, any building enclosing the electronic equipment shelters, and all other related improvements to the land to be removed, at no cost to the borough, when the antennas are no longer operative. Any wireless communication facility not used for its intended and approved purpose for a period of six months shall be considered "no longer operative" and shall be removed by the responsible party within 60 days thereof.
The following are not conditions, standards and limitations for the location of wireless communication towers, but are preferences of the borough:
a. 
To the greatest extent possible, no tower shall be located to be visible from any historic district or site as duly designated by Hopewell Borough, the State of New Jersey and/or by the federal government.
b. 
To the greatest extent possible, no tower shall be located to be visible from any public street.
c. 
To the greatest extent possible, any tower shall be located behind existing buildings and/or natural topographic elevations in order to screen the tower from view from adjacent properties and from any street right-of-way.
All other applicable requirements of this section not contrary to the conditions, standards and limitations specified herein shall be met, but waivers and/or variances of such other applicable requirements may be granted by the planning board or zoning board of adjustment, as the case may be.
In addition to its normal professional staff, given the technical and specialized nature of the testimony by the applicant's radio frequency expert(s), the planning board or zoning board of adjustment, as the case may be, may, at the applicant's expense, hire its own radio frequency expert to review and comment upon the testimony presented by the applicant. Additionally, based upon other testimony presented by the applicant, the planning board may hire other experts with specialized areas of expertise if deemed necessary.
Any application submitted to the Hopewell Borough Zoning Board of Adjustment for a variance to construct or install wireless communication antennas and/or a new wireless communication tower in a location not permitted by this section shall be required to submit all of the information required herein for second priority locations, and no such application shall be deemed complete unless all of the required information is provided or unless the need to provide the required information is specifically waived by the zoning board.
[Ord. 217; Ord. 227; Ord. 273; Ord. 276; Ord. 303; Ord. 331; Ord. 422: Ord. 480; Ord. 561: Ord. 578; Ord. 622; Ord. 679; Ord. 705]
Recognizing that certain uses, activities and structures are necessary to serve the needs and convenience of the borough and at the same time, recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and character of the surrounding area, such uses are hereby designated as conditional uses.
In addition to other powers conferred by this chapter and applicable statutes, the planning board shall have original jurisdiction and power to grant a permit for a conditional use under the terms and conditions established by this chapter, under the following stipulations and guiding principles:
a. 
The use for which the application is being made is specifically authorized as a conditional use in this chapter for the zone in which located.
b. 
The design, arrangement and nature of the particular use is such that the public health, safety and welfare will be protected and reasonable consideration is afforded to the:
1. 
Character of the neighborhood and zone.
2. 
Conservation of property values.
3. 
Health and safety of residents or workers on adjacent properties and in the surrounding neighborhood.
4. 
Potential congestion of vehicular traffic or creation of undue hazard.
5. 
Principles and objectives of this chapter and the master plan of the borough.
In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in this chapter. The planning board shall prescribe in writing any further additional conditions and safeguards which in its opinion will implement the intent and objectives of this section or other provisions of this chapter.
a. 
Public Utilities. Public utility uses such as water filtration plants, sewerage disposal plants, pumping stations, electric transformer substations, telephone exchange and repeater stations, but no service or storage yards shall be subject to the following:
1. 
Proof shall be furnished that the proposed installation in the specific location is necessary and convenient for the efficiency of the public utility system or the satisfactory and convenient provision of service to the neighborhood or area in which the facility is to be located.
2. 
The design of any building or structure required for such use shall conform to the general character of the area in which it is located.
3. 
Adequate and attractive fencing and landscaping shall be provided and periodically maintained.
4. 
The lot on which it is located shall be sufficient in size to adequately accommodate the proposed facility together with any parking space required to serve the facility without any of the structural portions of the use or parking facilities being unduly close to adjacent properties.
5. 
High-voltage transmission lines and towers required for the transmission of power from power sources outside the limits of the borough to points also outside the borough limits shall be prohibited.
b. 
Schools. Public and private schools, including institutions of higher learning which are not conducted as a business shall be subject to the following:
1. 
A minimum site area of five acres shall be provided. In addition thereto, one acre shall be provided for each 100 pupils of maximum capacity.
2. 
The lot coverage shall not exceed 15%.
3. 
No structure shall be located within 100 feet of a street or property line.
4. 
Off-street parking shall be provided at a rate of two spaces for each classroom or teaching station.
c. 
Motor Vehicle Service Shops. Motor vehicle service establishments and automotive repair and body shops shall be subject to the following:
1. 
Minimum Area. A minimum lot area of 15,000 square feet shall be provided together with a minimum lot width of 100 feet. In addition, if the planning board finds that the nature of the particular use proposed, either by virtue of scale, intensity of use, hazard, or other such considerations is such that a larger site is in the public interest, then it shall impose such additional requirement.
2. 
Location. Such lot shall be located within the following limitations:
(a) 
No closer than 1,000 feet to a public or private school, hospital, church or library, or other such place of public assembly.
(b) 
No closer than 100 feet from the intersection of any two streets designated as primary or secondary on the borough master plan.
3. 
Yards. The following yard requirements shall be met. Yard requirements shall apply to all pumps, mechanical equipment and other appliances in addition to the main structure:
(a) 
Front, side and rear yard areas, 25 feet.
(b) 
Maximum lot coverage, 20%.
(c) 
Maximum building height, one story or 12 feet.
4. 
Fuel Tanks. All fuel tanks or other such containers for the storage of flammable materials; either liquid or solid shall be installed underground at sufficient depth to insure against hazard of fire or explosion.
5. 
Parking. Parking facilities shall be maintained as follows:
(a) 
Two square feet of space for each square foot of floor area in the primary building.
(b) 
Where such parking area abuts a residential zone, it shall be screened by a buffer area no less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the planning board, will be adequate to prevent the transmission of headlight glare across the zone boundary line. Such buffer screen shall have a minimum height of four feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(c) 
Driveways to parking areas shall be limited to two for each 100 feet of frontage. Such driveways shall not be less than 12 feet nor more than 24 feet in width. Driveways shall intersect public streets at right angles, wherever possible.
(d) 
No area on the lot which is required for the movement of vehicles in and about the buildings and facilities, shall be used for complying with the parking requirements of this section.
6. 
Accessory goods for sale may be displayed out-of-doors on the pump island and building island only and shall be stored in a suitable rack or container.
7. 
For gasoline service stations in the B-R zone district, canopies over pump islands are permitted provided the following canopy design standards are met:
(a) 
The purpose of a gasoline service station canopy shall be to provide station pump island employees and clients with protection from adverse weather conditions.
(b) 
For canopy locations also within the HD historic district zone, all application procedures, review guidelines, and planning board action of section 12-10A shall apply. For canopy locations not within the HD historic district zone, the planning board shall submit canopy design plans to the historic preservation commission for their nonbinding comments and recommendations based on the review guidelines of section 12-10A.7.
(c) 
The underside of the canopy shall not exceed 15 feet from grade. No vertical plane on a flat foot canopy shall exceed two feet.
(d) 
The area of the canopy itself shall be limited to that area which is reasonably necessary for weather protection to pump island users.
(e) 
Setbacks shall be 15 feet from street rights-of-way and 20 feet from side lot lines.
(f) 
Canopy building materials shall be substantially similar to, or reflective of, the materials used for the gasoline service station building.
(g) 
Canopy lighting design and intensity shall be subject to review by the planning board. The overall design objective shall be to minimize the light source to the greatest extent possible and limit light intensity, while maintaining a safe working environment.
(h) 
No signs shall be permitted on canopy or canopy structures.
(i) 
Canopy drainage shall be designed so as to maintain adequate drainage and shall be subject to the approval of the borough engineer.
d. 
Club Houses. Club houses shall be subject to the following:
1. 
Proof shall be furnished to the planning board that the proposed use is a bona fide nonprofit organization of the type defined in subsection 12-4.15.
2. 
The lot area for the proposed use shall have a minimum total area of one acre in addition to that required to accommodate the off-street parking, driveways and parking lot buffer areas specified in paragraph 12-18.2d3 below.
3. 
Parking facilities shall be maintained as follows:
(a) 
Off-street parking at the rate of one space for each two memberships.
(b) 
Such parking areas shall be screened by a buffer area of not less than 10 feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which in the opinion of the planning board will be adequate to prevent the transmission of headlight glare across the property line. Such buffer screen shall have a minimum height of four feet above finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(c) 
Driveways shall be limited to two for each 100 required parking spaces. Such driveways shall not be less than 12 or more than 24 feet in width and shall intersect public streets at right angles wherever possible.
4. 
The design of any building or structure shall conform to the general character of the area it is located.
5. 
Adequate and attractive landscaping shall be provided and property and periodically maintained.
6. 
All other requirements of the zone in which the use is located.
e. 
Professional Offices as a Secondary Use. Professional office use as a secondary use in conjunction with a permitted primary use shall be subject to the following:
1. 
This use shall be permitted on any property or lot fronting on Broad Street between Princeton Avenue and Lanning Avenue.
2. 
This use shall be limited to professional offices as defined by subsection 12-4.52.
3. 
The primary use shall meet all of the requirements for the zone that it is in.
4. 
Off-street parking shall be provided in accordance with the following minimum standards:
(a) 
Off-street parking facilities shall be provided that conform with the general requirements as set out in subsection 12-5.4.
(b) 
The parking spaces shall be in other than the front yard.
(c) 
Such parking areas shall be screened by a buffer area of not less than five feet in width composed of densely planted evergreen shrubbery, solid fencing or a combination of both which, in the opinion of the planning board, will be adequate to prevent the transmission of headlight glare across the property line. Such buffer screen shall have a minimum height of four feet above the finished grade at the highest point of the parking area. The materials used shall be in keeping with the character of the adjacent residential area.
(d) 
No area on the lot, which is required for the movement of vehicles in and about the buildings and facilities, shall be used for complying with the parking requirements of this section.
(e) 
Suitable illumination for parking areas used after dark shall be provided in such a way that there is no direct light incident on adjacent properties.
(f) 
The number of spaces required shall be set by the following schedule. Two for each dwelling unit in addition to one for each employee plus one for each 100 square feet of office space or part thereof.
f. 
Pet Grooming and Supply Uses. Subject to the following:
1. 
Medical care and/or overnight boarding of animals is prohibited.
2. 
The bulk requirements as specified in section 12-11 shall be met.
3. 
All other applicable provisions of the Borough Zoning Ordinance shall be met.
g. 
(Reserved)
h. 
Accessory Apartments.
1. 
Accessory apartment shall mean a self-contained dwelling unit with a kitchen, toilet facilities, sleeping quarters, and a private entrance, which is created within an existing single-family detached dwelling structure, or within a building that is accessory to a single-family detached dwelling and that is occupied by a low- or moderate-income household.
2. 
Accessory apartments are permitted in the R-75, R-75P, and R-100 zones if, in addition to the requirements of this paragraph, all other requirements of the applicable zone district are met.
3. 
The accessory apartment shall be occupied by a low- or moderate-income household, in accordance with borough requirements, as those terms are defined in the Substantive Rules of the New Jersey Council on Affordable Housing (COAH), N.J.A.C. 5:93, et seq. as may be hereafter supplemented and amended.
4. 
The gross floor area of the accessory unit shall be at least 350 square feet, and shall have living-sleeping space, cooking facilities, a kitchen sink and a complete sanitary facility for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a full bathroom, but shall have no more than two bedrooms.
5. 
At least one off-street parking space in addition to the two required for the existing principal dwelling on the parcel shall be provided.
6. 
The dwelling structure containing the accessory apartment unit shall comply with all requirements for two-family dwellings in accordance with applicable building codes and all the laws of the State of New Jersey and the Borough of Hopewell. No dwelling structure shall contain more than one accessory apartment.
7. 
The accessory apartment unit and the existing unit shall have separate doors with direct access to the outdoors, and the development shall not result in the placement of an additional door on the front facade of the principal structure.
8. 
The applicant shall provide a plan for the proposed development which provides sufficient information for the zoning officer to determine that all requirements of this paragraph will be met. At a minimum, this information shall include building plans and architectural elevations indicating interior and exterior modifications and new construction, and a site plan indicating any site alterations and proposed parking spaces.
9. 
At the time of development, a new deed shall be recorded in the county clerk's office containing a restriction to the effect that if said accessory unit is not occupied by, or made available to a low- or moderate-income household in accordance with borough requirements, the accessory unit shall be removed. Said restriction shall remain in place for 10 years.
10. 
The maximum number of accessory apartments permitted under this paragraph shall be the number that the borough is permitted to apply toward its fair share obligation of low and moderate income dwelling units in accordance with the applicable regulations of COAH. The zoning officer shall maintain a register of the applications made, pending and granted under the provisions of this paragraph. That register shall reflect the following:
(a) 
The number of low- and moderate-income units remaining to be constructed in order to satisfy the borough's fair share obligation;
(b) 
When such applications were made;
(c) 
The status of any pending application;
(d) 
The name of the applicant; and
(e) 
The street address for any accessory apartment approved for construction under the provisions of this paragraph.
A copy of this register shall be provided to each applicant to construct an accessory apartment pursuant to this paragraph at the time said application is filed.
11. 
Accessory apartment availability shall be affirmatively marketed by the unit owner throughout the borough housing region in accordance with borough requirements.
i. 
Cannabis retailers, subject to the following:
[Added 9-8-2022 by Ord. No. 859]
1. 
The premises operated by the cannabis retailer shall conform to all zoning requirements set forth in Chapter 12 for the zone in which the use is conditionally permitted, as well as the general requirements set forth in Chapter 12, unless otherwise specifically provided under this section.
2. 
The operating hours of a cannabis retailer shall be between 9:00 a.m. and 8:00 p.m. daily. It shall be unlawful for any cannabis retailer to sell or dispense cannabis or cannabis products at any time other than between these hours.
3. 
A cannabis retailer shall be accessible directly from a right-of-way through a separate entrance independent from any other retail ingress.
4. 
No cannabis product shall be visible from a public sidewalk, public street or right-of-way or any other public place.
5. 
All cannabis products shall be stored securely indoors and on-site.
6. 
Consumption of cannabis products, by any means of ingestion, shall not be permitted on the cannabis retailer premises or adjacent grounds.
7. 
Outside generators and other mechanical equipment used for any kind of power supply, cooling or ventilation shall be enclosed and have appropriate baffles, mufflers, and/or other noise-reduction systems to mitigate noise pollution.
8. 
The premises operated by a cannabis retailer shall be secured in accordance with State of New Jersey statutes and regulations and shall have a round-the-clock video surveillance system, 365 days a year.
9. 
Signage design at the premises operated by a cannabis retailer shall comply with the Borough's sign regulations at section 12-17A of the Code. In addition, signage design shall not include artistic or photographic renderings of cannabis plants or the glorification of cannabis or its use.
10. 
No cannabis retailer shall be housed in a vehicle or any movable or mobile structure.
11. 
A cannabis retailer shall prevent and eliminate any conditions on the site that constitute a nuisance, including but not limited to preventing odors from escaping the interior of the facility; maintaining the exterior of the facility and immediately adjacent sidewalk and public right-of-way free of litter, debris, and trash; and properly storing and disposing of all waste generated on the site in accordance with applicable law and regulation.
12. 
A cannabis retailer shall not provide for a drive-through facility.
j. 
Cannabis delivery services, subject to the following:
[Added 9-8-2022 by Ord. No. 859]
1. 
The physical premises utilized by a cannabis delivery service to operate said business, which shall include all office and parking facilities used thereby, shall conform to all zoning requirements set forth in Chapter 12 for the zone in which the use is conditionally permitted, as well as the general requirements set forth in Chapter 12, unless otherwise specifically provided under this section.
2. 
The operating hours of a cannabis delivery service shall comply with applicable law and regulations.
3. 
No cannabis product shall be visible from a public sidewalk, public street or right-of-way or any other public place.
4. 
Consumption of cannabis products, by any means of ingestion, shall not be permitted on a cannabis delivery service's premises or adjacent grounds.
5. 
The premises operated by a cannabis delivery service shall be secured in accordance with State of New Jersey statutes and regulations and shall have a round-the-clock video surveillance system, 365 days a year.
6. 
Signage design at a premises operated by a cannabis delivery service shall comply with the Borough's sign regulations at section 12-17A of the Code. In addition, signage design shall not include artistic or photographic renderings of cannabis plants or the glorification of cannabis or its use, and signage at the premises shall communicate that the facility is not open to the public.
7. 
Cannabis items shall not be stored or housed at a cannabis delivery service's premises, and shall not be left unattended in vehicles.
8. 
A cannabis delivery service shall prevent and eliminate any conditions on the premises operated by said service that constitute a nuisance, including but not limited to preventing odors from escaping the interior of the facility operated at the premises; maintaining the exterior of the facility and immediately adjacent sidewalk and public right-of-way free of litter, debris, and trash; and properly storing and disposing of all waste generated on the site in accordance with applicable law and regulation.
a. 
Application. Applications for conditional uses shall be made to the planning board and shall include all forms, exhibits, checklists, plans, and information as required for preliminary site plan applications in accordance with chapter XIII, Site Plan Review, and any additional information necessary to show compliance with this section.
b. 
Review and Public Hearing. The planning board shall review and process the application in accordance with procedures established for preliminary site plans in accordance with chapter XIII, and shall provide for a public hearing on such application in accordance with chapter 10A of this revision.
c. 
Action. The planning board shall grant or deny the application for a conditional use, and the attendant site plan, within 95 days of the filing of a complete application with the planning board secretary, or within such additional time as may be consented to by the applicant.
The zoning officer shall forward the application and all supporting documents to the secretary of the board of adjustment for its consideration. A copy of the application and all supporting documents shall also be forwarded to the planning board of the borough for a review of the site plan, and for an evaluation of the proposed special exception use and its relationship and conformity to the goals, objectives and policies established by the borough master plan. The planning board shall, within 45 days after the receipt of such application, make a written report to the board of adjustment setting forth its findings and recommendations concerning the application. In making its recommendation, the planning board may suggest any revisions to the site plan, landscaping plan, or other plans, as well, in its opinion, cause the proposed special use to be in substantial conformance with the master plan and its principles of land use and development.
The board of adjustment shall, within 120 days of the date of the hearing of the application, approve or deny such application. In approving any such application, the board of adjustment may impose any modifications or conditions it deems necessary to carry out the intent of this chapter, or protect the health, safety or welfare of the community. If an application is approved, the building inspector shall be empowered to issue a building permit upon request of the applicant in accordance with the terms and conditions of the board's approval.
[Ord. 303]
Any building permit heretofore issued pursuant to any ordinance which provided for the erection of a building or structure in conformance to the ordinance or ordinances in effect prior to the date of adoption of this chapter shall continue in full force and effect, provided that the holder has substantially undertaken such construction on the date of adoption of this ordinance.
[Ord. 217; Ord. 366]
For each and every violation of any provision of this chapter the owner, contractor, or other persons interested as general agent, architect, building contractor, owner, tenant, or any other persons who commit, take part, or assist in any violation of this chapter, or who may maintain any building or premises in which any violation of this chapter shall exist, and who shall have refused to abate the violation within five days after written notice shall have been served upon him either by mail or by personal service, shall for each and every violation be imprisoned in the Mercer County Jail for a period not exceeding 90 days or be fined not less than $100 and not exceeding $1000 or both, at the discretion of the municipal judge before whom a conviction may be had. Each day, in excess of five days after such written notice is served, that such violation continues shall be considered a separate and specific violation of this chapter.
In addition to the remedy or remedies herein provided, any person, persons, company or corporation violating this chapter or any provision or section thereof, may be proceeded against by the borough, or by the zoning officer of the borough by appropriate action or by proceeding in equity or otherwise to prevent and enjoin any threatened violation of this chapter.
[Ord. 303]
In case any section or provisions of this chapter shall be held invalid in any court of competent jurisdiction, the same shall not affect any other section or provision of this chapter, except so far as the section or provision so declared invalid shall be inseparable from the remainder or any portion thereof.
[Ord. 303]
This chapter as amended repeals all prior zoning ordinances. Any and all other ordinances or parts thereof in conflict or inconsistent with any of the terms of this chapter are hereby also repealed to such extent as they are so in conflict or inconsistent. However, the adoption of these amendments to this chapter shall not prevent or bar the continuance or institution of any proceedings for offenses heretofore committed in violation of any existing ordinances of the Borough of Hopewell.
It is not intended by this chapter to repeal, or in any way impair or interfere with any private restrictions placed upon property by covenant, deed or other private agreement unless repugnant thereto. Where this chapter imposes a greater restriction upon the use of land or structures than are now required by any existing covenant, deed or other private agreement, the provisions of this chapter shall control.
[Ord. No. 823]
The Townhouse Residential Zone provides for a multi-family residential inclusionary neighborhood of 11 market-rate townhouse units, and at least two non-age restricted family units affordable to low and moderate income households.
[Ord. No. 823]
a. 
Principal Uses.
1. 
Townhouses.
2. 
Apartments.
b. 
Accessory Uses.
1. 
Private garages and carports.
2. 
Tot lots.
3. 
Walking paths.
4. 
Barbeque patios.
5. 
Off-street parking facilities.
6. 
Solid waste receptacles.
7. 
Monument signs located at entrance to the development, to be integral to a landscape wall constructed of stone or brick, which shall not extend above the top of the landscape wall. Such sign shall not exceed 25 square feet in area and the signage requirements of Section 12-7A shall apply to the extent not inconsistent with this section.
8. 
Utility structures and facilities needed to provide the direct service of gas, electricity, telephone, water, sewerage and cable television.
[Ord. No. 823]
1. 
Minimum Lot Area: 1 acre.
2. 
Minimum Lot Frontage: 150 feet.
3. 
Minimum Building Setbacks.
a. 
Front yard: 10 feet.
b. 
Side/Rear yard: 15 feet.[1]
[1]
Covered Porches shall be permitted within 10 feet of a building or property line.
c. 
Building to Building: 15 feet.[2]
[2]
Covered Porches shall be permitted within 10 feet of a building or property line.
4. 
Maximum Impervious Coverage: 50%.
5. 
Maximum Density: 12 units/acre.
6. 
Maximum Height of Building: 2 1/2 stories and 35 feet.
7. 
Parking.
a. 
Spaces per unit: Per RSIS.
b. 
Set-back from property line: 5 feet.
c. 
Distance from building: 5 feet.
8. 
Minimum landscaped buffer adjacent to existing public streets and property lines: 10 feet.
9. 
Minimum set aside of low and moderate income units: 2 affordable family units.
[Ord. No. 823]
a. 
At least 2 of the units built under this plan shall be affordable family units.
b. 
Low and moderate-income housing shall be constructed and rented in accordance with the Council on Affordable Housing rules at N.J.A.C. 5:93-1 et seq. and Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. and shall meet the following requirements:
1. 
Affordable housing units shall not be age-restricted.
2. 
The Borough-designated Affordable Housing Administrator shall be responsible to affirmatively market, administer and certify the occupant of each affordable unit, with all administrative costs to be paid by the Developer.
[Ord. No. 823]
a. 
Site Design. Any application for development or redevelopment shall include at least the following elements:
1. 
An overall development plan for the Redevelopment Area identifying land use types, building heights, floor areas of each building and the number of residential units.
2. 
Architectural elevations, renderings and floor plans.
3. 
A circulation and streetscape plan, indicating the overall design with a boulevard street entry, and locations and types of materials to be used, including pavements, trees and other plantings and any street furniture. Pedestrian and/or bicycle circulation systems shall be designed to extend throughout the development and connect with open space and common areas.
4. 
Parking, loading and vehicular access plan. A traffic circulation analysis shall analyze traffic conditions in the project vicinity and identify existing traffic problem areas as well as the cumulative effect of traffic from the redevelopment area on adjacent and affected roadways. Shared parking arrangements are permissible, subject to a showing of parking sufficiency.
5. 
Landscape plan.
6. 
Open Space Plan. A minimum of 10% of the tract shall be specifically set aside for conservation, recreation and/or other open space.
7. 
Utility plan. All dwelling units within a structure shall be connected to approved and functioning public water and sanitary sewer systems prior to the issuance of certificates of occupancy.
8. 
Stormwater management plan. Stormwater designs shall be as naturalized as possible and shall promote water quality, minimize maintenance and provide for groundwater recharge.
9. 
Lighting plan.
10. 
Phasing plan.
[Ord. No. 823]
a. 
The Planning Board is authorized to grant (C) variances from the redevelopment standards and other zoning standards that are not superseded by the redevelopment plan. The Planning Board is also authorized to grant waivers from design standards.
b. 
In order to achieve the number of affordable units and related market rate units provided for in the settlement agreement, the site design may require deviation from strict application of certain municipal design standards. In all cases, NJDEP Flood Hazard Area rules, wetland rules including wetland buffers shall be complied with. Should deviations from stream corridor standards be necessary, stream corridor averaging shall be used to minimize the total area of stream corridor that is lost because of the deviation.
c. 
The developer of the redevelopment area may also request relief from cost generative features of Borough land use ordinances and such requests shall be measured against the standards found in N.J.S.A. 40:55D-70 c, with sufficient proofs to address the positive and negative variance criteria.
[Ord. No. 823]
The Borough shall confirm in writing its support of submission and applications for all utilities (specifically water and sewer) and all necessary government agency or private utility approvals related to all aspects of the development within five business days of a written request for such support from the developer.
[Ord. No. 823]
The Redeveloper shall enter into an agreement with the municipality pursuant to the provisions of N.J.S.A. 40:55D-39 within 90 days of a memorialized Board resolution of final site plan approval setting forth variations from ordinary standards for preliminary and final approval to provide increased flexibility and promote mutual agreement between the applicant and the municipality at the time of conceptual master site plan approval. The substance of the Redeveloper's Agreement shall be consistent with the laws of the State of New Jersey, the Hopewell Land Use Code and the conditions and standards applicable to development in the zone. The Redeveloper's Agreement shall be in a form satisfactory to the Borough Attorney, and may include, but is not limited to, provisions relating to the following:
a. 
Building layout and use.
b. 
Signage: Criteria to ensure a harmonious signage design for the entire development, which shall include lettering style, lighting standard types, sign material and sign lighting.
c. 
Architecture: Architectural design standards to ensure that the development will result in an aesthetically-harmonious design which may include external building materials, fenestration, color, mechanical penthouse screening and roof appearance where visible from adjoining buildings of higher elevation. Upon application by the developer and upon approval of the Planning Board, architectural criteria may be revised from time to time.
d. 
Lighting plan: to ensure a uniform lighting plan to provide safe and attractive lighting for exterior roads, interior roads and driveways, parking lots, walkways and landscape display lighting.
e. 
Landscaping: to ensure retention of natural vegetation, landscaping of parking areas, landscaping of building sites and the screening of trash collection and removal areas, buffering and wind shielding, pedestrian and bike linkages between buildings and the entire tract to encourage free passage while discouraging conflict with vehicular traffic.
f. 
Recreation: Active and passive recreational facilities, such as jogging and fitness trails, passive sitting areas, and other athletic facilities shall be provided for the benefit of building occupants.
g. 
Maintenance: Developer's obligation to maintain: provisions for maintenance and repair by the developer, or his successors, of building exteriors, trash removal and maintenance of internal roadways, landscaping, buffered areas and open spaces.
h. 
Payment In Lieu Of Taxes Agreement.
[Ord. No. 823]
Amendments to the Redevelopment Plan may be adopted in order to meet changing circumstances within and affecting the Redevelopment Area and the Borough, but any site plan must be substantially consistent with the adopted or amended Redevelopment Plan and conform to the design requirements of the ordinance.
[Added 7-1-2024 by Ord. No. 887]
[Added 7-1-2024 by Ord. No. 887]
This zone district's purpose is to provide high-quality mixed-income multi-family residential development, including affordable housing, to diversify the Borough's housing opportunities in a manner that is architecturally sensitive to the Borough's historic character.
[Added 7-1-2024 by Ord. No. 887]
a. 
Multi-family dwelling units. Multi-family dwelling units shall mean a building with three or more units. Certain features of a multiple-family dwelling may be provided in common, including utilities, off-street parking, yards, and open space. Multiple-family dwellings may include buildings in cooperative, leasehold, or condominium ownership.
[Added 7-1-2024 by Ord. No. 887]
a. 
Utility structures and facilities.
b. 
Off-street parking facilities, including the facilitation of parking for the principal use located on Block 12, lot 7, as accessory to the overall development.
c. 
Solid waste receptacles.
d. 
Emergency generators.
e. 
Private garages.
f. 
Recreation facilities.
g. 
Pedestrian and bicycle paths.
h. 
Clubhouse or other amenity buildings.
i. 
Monument entrance signs no larger than 35 square feet and shall conform to the requirements of Section 12-17A as not inconsistent with this section.
[Added 7-1-2024 by Ord. No. 887]
a. 
Minimum lot area: 4 acres.
b. 
Minimum lot frontage: 150 feet.
c. 
Minimum building setbacks:
1. 
Front yard: 10 feet.
2. 
Side/rear yard: 15 feet*.
3. 
Building to building: 15 feet*.
d. 
Maximum impervious coverage: 75%.
e. 
Maximum density: 30 units/acre.
f. 
Maximum height of building: 3 1/2 stories and 45 feet.
g. 
Parking:
1. 
Spaces per unit: 1.5 spaces**.
2. 
Setback from property line: 5 feet.
3. 
Distance from building: 10 feet.
h. 
Minimum landscaped buffer adjacent to existing public streets and property lines: 10 feet.
i. 
Minimum set aside of low- and moderateincome units: 20% of the total number of units.
* Covered porches shall be permitted within 10 feet of a building or property line.
** No more than 10% of the total parking requirement may be met with on-street parking.
[Added 7-1-2024 by Ord. No. 887]
a. 
At least 20% of the total number of the units built under this plan shall be affordable units.
b. 
Low- and moderate-income housing shall be constructed and rented in accordance with Uniform Housing Affordability Controls (UHAC) at N.J.A.C. 5:80-26.1 et seq. and any legislative or court of jurisdiction and shall meet the following requirements:
1. 
Affordable housing units shall not be age-restricted.
2. 
The Borough-designated Affordable Housing Administrator or other qualified third-party administrative agent, selected by the Developer and approved by the Borough, shall be responsible for affirmatively marketing, administering, and certifying the occupant of each affordable unit. The Developer will pay all administrative costs.
[Added 7-1-2024 by Ord. No. 887]
a. 
Building design. The design of the buildings shall respect the historic character of the neighborhood setting and the Borough and shall conform to the following:
1. 
Architectural elevations and floor plans shall be provided for each type of building.
2. 
Maximum length of buildings shall not exceed 225 feet.
3. 
Variations in setback, materials, colors and design including breaks in the building facade shall be encouraged to reduce and separate the building mass.
4. 
Flat roofs shall incorporate design techniques to shield any roof-mounted equipment.
5. 
All HVAC and mechanical equipment shall be adequately screened from view.
6. 
All multiple-family dwelling buildings and all accessory buildings and structures, including signs, shall be designed in a unified architectural style.
7. 
Building design shall include spare electrical conduit to permit future installation of rooftop-mounted solar.
b. 
Open space.
1. 
A minimum of 15% of the tract shall be specifically set aside for conservation, recreation and/or open space.
c. 
Stormwater. Enhanced stormwater management structures shall incorporate green infrastructure wherever practical, be as aesthetically pleasing as possible, provide for improved water quality, groundwater recharge, and ease of maintenance, and meet the design and performance standards for stormwater management under Chapter 19 of the Hopewell Borough Code and the NJDEP Stormwater Management Rules (N.J.A.C. 7:8).
[Added 7-1-2024 by Ord. No. 887]
a. 
The Planning Board is authorized to grant (C) variances from the redevelopment standards and other zoning standards that are not superseded by the redevelopment plan. The Planning Board is also authorized to grant waivers from design standards.
b. 
In order to achieve the number of affordable units and related market rate units provided for in the settlement agreement, the site design may require deviation from strict application of certain municipal design standards. In all cases, NJDEP Flood Hazard Area rules, wetland rules including wetland buffers shall be complied with. Should deviations from stream corridor standards be necessary, stream corridor averaging shall be used to minimize the total area of stream corridor that is lost because of the deviation.
c. 
The developer of the redevelopment area may also request relief from cost generative features of Borough land use ordinances and such requests shall be measured against the standards found in N.J.S.A. 40:55D-70c, with sufficient proofs to address the positive and negative variance criteria.
[Added 7-1-2024 by Ord. No. 887]
a. 
The Borough shall confirm in writing its support of submission and applications for all utilities (specifically water and sewer) and all necessary government agency or private utility approvals related to all aspects of the development within five business days of a written request for such support from the developer.
[Added 7-1-2024 by Ord. No. 887]
The Redeveloper shall enter into an agreement with the municipality pursuant to the provisions of N.J.S.A. 40:55D-39 within 90 days of a memorialized Board resolution of final site plan approval setting forth variations from ordinary standards for preliminary and final approval to provide increased flexibility and promote mutual agreement between the applicant and the municipality at the time of conceptual master site plan approval. The substance of the Redeveloper's Agreement shall be consistent with the laws of the State of New Jersey, the Hopewell Land Use Code and the conditions and standards applicable to development in the zone. The Redeveloper's Agreement shall be in a form satisfactory to the Borough Attorney, and may include, but is not limited to, provisions relating to the following:
a. 
Building layout and use.
b. 
Signage: Criteria to ensure a harmonious signage design for the entire development, which shall include lettering style, lighting standard types, sign material and sign lighting.
c. 
Architecture: Architectural design standards to ensure that the development will result in an aesthetically harmonious design which may include external building materials, fenestration, color, mechanical penthouse screening and roof appearance where visible from adjoining buildings of higher elevation. Upon application by the developer and upon approval of the Planning Board, architectural criteria may be revised from time to time.
d. 
Lighting plan: to ensure a uniform lighting plan to provide safe and attractive lighting for exterior roads, interior roads and driveways, parking lots, walkways, and landscape display lighting.
e. 
Landscaping: to ensure retention of natural vegetation, landscaping of parking areas, landscaping of building sites and the screening of trash collection and removal areas, buffering and wind shielding, pedestrian and bike linkages between buildings and the entire tract to encourage free passage while discouraging conflict with vehicular traffic.
f. 
Recreation: Active and passive recreational facilities, such as jogging and fitness trails, passive sitting areas, and other athletic facilities shall be provided for the benefit of building occupants.
g. 
Maintenance: Developer's obligation to maintain: provisions for maintenance and repair by the developer, or his successors, of building exteriors, trash removal and maintenance of internal roadways, onsite stormwater management structures, landscaping, buffered areas, and open spaces.
h. 
Payment In Lieu Of Taxes Agreement.
i. 
Health and safety requirements to ensure protection of the public during building demolition and environmental remediation.
j. 
Environmental remediation requirements and maintenance of engineering and institutional environmental controls.
[Added 7-1-2024 by Ord. No. 887]
Amendments to the Redevelopment Plan may be adopted in order to meet changing circumstances within and affecting the Redevelopment Area and the Borough, but any site plan must be substantially consistent with the adopted or amended Redevelopment Plan and conform to the design requirements of the ordinance.