A.
This chapter is a comprehensive ordinance regulating
and limiting the uses of land and the uses and locations of buildings
and structures; regulating and restricting the height and bulk of
buildings and structures and determining the area of yards and other
open spaces; regulating and restricting the density of housing and
population; dividing the Borough of Haddon Heights into districts
for such purposes; adopting a map of said Borough showing boundaries
and the classification of such districts; establishing rules, regulations
and standards governing the subdivision and development of land within
the Borough; establishing a Planning Board and a Zoning Board of Adjustment;[1] and prescribing penalties for the violation of its provisions.
B.
This chapter shall consist of text and a Zoning Map,
said map being entitled "Zoning Map, Borough of Haddon Heights." This
map, together with all explanatory matter thereon, is declared to
be a part of this chapter and is on file and shall be kept on file
with the Borough Clerk and Planning Board Secretary. If and when changes
are made in boundaries or other matters included on said Zoning Map,
such changes in the map shall be made promptly after the amendment
has been approved by the Borough Council.
The short form by which this chapter may be
known shall be the "Land Development Ordinance of the Borough of Haddon
Heights."
A.
This chapter is adopted pursuant to N.J.S.A. 40:55D-1
et seq., in order to promote and protect the public health, safety,
comfort, convenience, prosperity, morals and general welfare and in
the furtherance of the following related and more specific objectives:
(1)
To secure safety from fire, flood, panic and other
natural and man-made disasters.
(2)
To provide adequate light, air and open space.
(3)
To ensure that the development of the Borough does
not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole.
(4)
To promote the establishment of appropriate population
densities and housing concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment.
(5)
To encourage an appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies and plans.
(6)
To provide sufficient space in appropriate locations
for a variety of residential, recreational, commercial and open space,
both public and private, according to their respective environmental
requirements in order to meet the needs of all New Jersey citizens.
(7)
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
the location of such facilities and routes which would result in congestion,
blight or safety hazards.
(8)
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
(9)
To promote the conservation of historic sites and
districts, open space, energy resources and valuable natural resources
in the Borough and to prevent urban degradation of the environment
through improper use of land.
(10)
To encourage planned and comprehensive developments
which incorporate the best features of design and relate the type,
design and layout of residential, commercial and recreational development
to the particular site and its surroundings.
(11)
To encourage senior citizen community housing construction.
(12)
To encourage coordination of the various public and
private procedures and activities that shape land development with
a view of lessening the cost of such development and to promote more
efficient use of land.
(13)
To promote utilization of renewable energy sources.
B.
These general objectives shall include, among others,
the specific purposes set forth in the statements of intent of the
various regulations for the respective zoning districts.
The provisions of this chapter shall be held
to be minimum requirements. Where this chapter imposes a greater restriction
than is imposed and required by other provisions of law or by other
rules, regulations or resolutions, the provisions of this chapter
shall control. Where other laws, rules, regulations or resolutions
require greater restrictions than are imposed by this chapter, the
provisions of such other laws, rules, regulations or restrictions
shall control.
All uses not expressly permitted in this chapter
are prohibited.[1]
Definitions as set forth in Article II shall apply through this chapter.
A.
The regulations set forth in this chapter for each
zoning district shall be minimum regulations, unless otherwise specified,
and shall apply uniformly to each class or kind of structure or land.
B.
In all zoning districts, after the effective date
of this chapter, any new building or structure or any tract of land
shall be constructed, developed and used only in accordance with the
regulations specified for each district.
C.
In all zoning districts, after the effective date of this chapter, any existing building or other structure or part thereof or any tract of land which is not in conformity with the regulations for the district in which it is located shall be deemed as nonconforming and subject to the regulations of Article XX.
[Amended 4-21-2009 by Ord. No. 1306]
A.
Any and
all initial erection, enlargement, alteration, moving or change in
use of any structure shall require an application to the Zoning Enforcement
Officer and a determination by him as to compliance with the Code
of the Borough of Haddon Heights.
B.
All applicable
requirements shall be met at the time of initial erection, enlargement,
alteration, moving or change in use of a structure and shall apply
to the entire structure or structures, whether or not the entire structure
or structures were involved in the initial erection, enlargement,
alteration, moving or change in use.
C.
No building
or structure shall be erected, moved, altered, added to or enlarged
unless in conformity with this chapter.
D.
No building
or structure shall be designed, used or occupied and no land shall
be used or occupied for any purpose or in any manner other than as
specified in this chapter.
E.
Where an
application for a permit has been made and/or where preliminary plans
were lawfully submitted to any governmental agency having applicable
jurisdiction or where actual construction has begun and diligently
pursued before the adoption of this chapter or any changes herein,
no change in plans, construction or intended use of any building,
structure or land shall be required in conformity with said changes.
The following minimum and uniform regulations
shall apply in the respective districts:
A.
Use regulations, including uses by right, accessory
uses and conditional uses.
B.
Area and bulk regulations, including required front,
side and rear yards, maximum permitted height and maximum allowable
lot coverage.
C.
Off-street parking regulations, including minimum
required parking spaces.
D.
Off-street loading regulations, including minimum
required loading spaces for specified uses.
