[Amended 5-21-1991 by Ord. No. 884; 2-17-2015 by Ord. No. 1418]
A.
NONCONFORMING USE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, 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.
B.
Nonconforming uses run with the land, which means that the property
owner's rights do not terminate upon change of ownership.
C.
Nonconforming uses may not be enlarged or intensified without a variance,
except where the change is negligible. Nonconforming uses may be restored
or repaired only in the event of partial destruction, but may not
be continued if the destruction, whether voluntary or involuntary,
exceeds partial destruction.
D.
Nonconforming uses may not be changed to another use unless the proposed
change in use is substantially similar to the existing use.
E.
A nonconforming use may not be continued where an abandonment of
such use occurs. Abandonment requires the concurrence of two factors:
[Amended 2-17-2015 by Ord. No. 1418]
A.
NONCONFORMING STRUCTURE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
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.
B.
Nonconforming structures run with the land, which means that the
property owner's rights do not terminate upon change of ownership.
C.
Nonconforming structures may not be enlarged or intensified without
a variance, except where the change is negligible. Nonconforming structures
may be restored or repaired only in the event of partial destruction,
but may not be continued if the destruction, whether voluntary or
involuntary, exceeds partial destruction.
A.
Accessory buildings, structures and uses shall be
permitted only on the same lot as the principal building to which
they are accessory.
B.
Accessory buildings, structures and uses shall not
be such as to alter the character of the premises on which they are
located and shall not encroach upon any front, side or rear yard unless
otherwise permitted in this chapter.
C.
All accessory buildings, structures or uses shall
be governed by the bulk and area regulations of the zone in which
they are located, except that storage sheds associated with one- and
two-family dwelling units on the same lot as the principal structure
may be located not closer than five feet to the side and rear lot
lines but shall comply with the front yard requirement for a principal
structure. Storage sheds on corner lots shall not be located nearer
to any street line than the minimum required depth of a front yard
in the zone in which the lot is located. Storage sheds shall not exceed
120 square feet and nine feet in height.
Family day-care homes in all residential zones
shall be subject to the following requirements:
A.
No change shall be permitted to the exterior of the
home for the purpose of accommodating day-care use. However, the exterior
of any new residential structure used as a home-based care center
shall be architecturally designed as a residential unit compatible
with the types of existing units or those yet to be located in the
neighborhood.
B.
The applicant shall be required to submit proof that
the use is in harmony with the character of the neighborhood with
consideration to population density, design, scale and bulk of any
structures and that no adverse impacts will be created.
C.
A minimum of 30 square feet of usable activity indoor
floor space for each child is required. Areas for administrative use,
bathrooms, hallways, storage and kitchen areas, basements or attics
shall not be included in this calculation.
D.
A minimum of 75 square feet of outdoor play area per
child is required on the residential lot. The area shall be well drained,
completely fenced and not include driveways, parking areas or land
otherwise unsuitable for outdoor play areas. Outdoor play areas shall
also be readily accessible and free from hazardous conditions.
E.
All outdoor play areas shall be screened from adjacent
properties by a fence or wall at least six feet in height and screen
plantings within a fifteen-foot setback area along all property lines.
Outdoor areas located near or adjacent to hazardous areas determined
by the Planning Board to be unsafe, including but not limited to streets,
roads, driveways, parking lots, railroad tracks, swimming pools, streams,
steep grades, open pits, high-voltage lines or propane gas tanks,
shall be fenced or otherwise protected by a natural or man-made barrier
or enclosure.
F.
No outdoor play area shall be located in the front
yard.
G.
Family day-care centers must restrict their hours
of operation to between 6:30 a.m. and 9:00 p.m. No outdoor play areas
shall be used before 9:00 a.m. or after 8:00 p.m. There shall be no
overnight care.
H.
Any site lighting shall not reflect over the property
line of the premises.
I.
No signage shall be permitted for home-based care
centers other than one unlighted nameplate of not more than one square
foot attached to the home.
J.
Adequate parking and loading/unloading areas shall
be determined by the Planning Board during site plan review of the
center.
K.
There shall be no detrimental impacts to the use,
peaceful enjoyment, economic value or development of the surrounding
properties or neighborhoods.
L.
The home in which the use is located shall be the
principal residence of the applicant.
M.
No commercial vehicle shall be kept on the premises
in connection with a family day-care home occupation.
N.
No goods, chattels, materials, supplies or items of
any kind shall be delivered either to or from the premises in connection
with a family day-care center except in passenger automobiles owned
by the resident and kept on the premises.
O.
Family day-care use of the dwelling unit shall be
clearly incidental and subordinate to its use for residential purposes
by its occupants.
P.
There shall be no nuisance element detectable beyond
the principal structure in connection with the family day-care center.
Q.
Family day-care shall be approved by the New Jersey
Division of Youth and Family Services.
Child-care centers shall be permitted as an
accessory use in all nonresidential zones. In these zones accessory
child-care centers shall be permitted within churches or other places
of worship, public schools, private schools, shopping centers, community
and public buildings and office buildings, subject to minor site plan
review and the following conditions:
A.
The applicant shall provide substantial evidence that
there is a definite need for the child-care center in the requested
location and that the proposed child-care center will have no adverse
impact on surrounding properties.
B.
The child-care center shall have easy and direct access,
and the entrance and exits shall be located away from areas of heavy
vehicular and pedestrian traffic with limited contact with commercial
and/or office uses.
C.
The hours of operation shall be limited to 7:00 a.m.
to 7:00 p.m.
D.
The child-care center shall not create any objectionable
traffic conditions.
E.
Parking areas, pedestrian walkways or other exterior
portions of the premises subject to use by child-care center occupants
at night shall be illuminated to provide safe entrance to and egress
from the center.
F.
An outdoor play area shall be on the same lot as the
child-care center. The area shall be graded, well drained, completely
fenced and not include driveways, parking areas or land and uses otherwise
unsuitable. All outdoor play areas shall include sheltered play space.
G.
No part of any outdoor play area may be situated in
the front yard.
H.
Storage facilities for movable outdoor play equipment
shall be provided and such equipment shall be stored in these facilities
when not in use. In addition, outdoor play equipment shall be designed
to accommodate disabled children.
I.
All outdoor play areas shall be screened from adjacent
properties by a fence or wall at least six feet in height and screen
plantings within a fifteen-foot setback area along all property lines.
Outdoor areas located near or adjacent to hazardous areas determined
by the Planning Board to be unsafe, including but not limited to streets,
roads, driveways, parking lots, railroad tracks, swimming pools, streams,
steep grades, open pits, high-voltage lines or propane gas tanks,
shall be fenced or otherwise protected by a natural or man-made barrier
or enclosure.
J.
The child-care center may be identified only by signage
which is consistent with the overall sign design theme of the particular
development project in which the center is located.
K.
Each child-care center shall be connected to public
sewer and water facilities.
L.
The site shall be free from any hazards to the health,
safety or well-being of the children.
M.
The child-care center, including any outdoor play
space provided, shall be so located and designed that there shall
be no objectionable impacts on adjacent or nearby properties due to
noise, activity, visual or other objectionable conditions. The Board
may require such special treatment in the way of design, screening
or buildings, planting and parking areas, signs or other requirements
as it shall deem necessary to protect adjacent and nearby properties.
N.
All child-care centers must either be licensed by
or meet the requirements of the New Jersey Department of Human Services.
Except for portable swimming pools which have
a depth at any point of less than 15 inches or a capacity of 300 gallons
or less, the following regulations shall apply to permanent and portable
swimming pools, tennis courts and similar recreational facilities
that are accessory to a residential use:
A.
Said use shall be located on the same lot as the principal
structure.
B.
Said use shall comply with the minimum yard requirements
for principal structures.
C.
Said use shall be appropriately screened and fenced
to minimize adverse impact on adjoining properties.
D.
A swimming pool shall be a permitted accessory use,
and no swimming shall be permitted unless it complies with the requirements
of this chapter.
E.
No existing or hereafter constructed swimming pool
shall be located on a lot unless there is an occupied residence on
such lot.
[Amended 4-21-2009 by Ord. No. 1306]
F.
No swimming pool shall be hereafter constructed, installed,
relocated or reconstructed unless the pool itself and any apron, accessory
building, structure and equipment are all located at least 10 feet
from all property lines and at least 30 feet from the property line
of any street bordering the property in question. Swimming pools are
prohibited in front and side yards.
G.
Tennis courts may use a hurricane-type fence around
the court area. The maximum height shall be six feet along the property
line and an additional one foot in height for every additional one
foot set back from the property line, not to exceed 10 feet.
H.
Tennis court drainage shall be reviewed and approved
by the Borough Engineer.
A.
No person, firm or corporation shall break, cut or
otherwise damage or disturb any existing curb in the right-of-way
of any public street except in accordance with this article.
B.
Such an existing curb may be broken in order to permit
the construction of a driveway for access to property contiguous to
such curb, but only in accordance with this article.
C.
The zoning administrative officer shall, upon written
request of the owner or contractor fixing the location and size of
the opening, authorize the Borough Clerk to issue a permit where the
property in question contains only a single-family detached dwelling
and access is desired for the use of the occupants of such dwelling
and the opening will not exceed 14 feet.
D.
In all other instances, permission therefor shall
be obtained from the Board of Adjustment[1] upon written application and notice to other property
owners as required in the case of a variance. The standards to be
used by the Board of Adjustment in granting or denying such permission
or in attaching such conditions as the Board may deem appropriate
shall be:
(1)
Increasing or aggravating the hazards of both vehicle
and pedestrian traffic.
(2)
The reasonable size of the opening in relation to
the intended use.
(3)
The existence of other means of access.
(4)
Interference with the proper drainage of surface waters.
(5)
Any other factor involving the public convenience
or necessity.
E.
The refinishing of all curb cuts shall be done in
a good and workmanlike manner.
A.
No fence, hedge or solid wall shall be located in
front of the building line of the structures located on any street.
The "building line" shall be defined as the setback from any street
or lane which fronts the structure. On corner properties, the setback
shall be in conformance with both streets.
B.
Fences, hedges, solid walls or living fences may be
maintained behind the building line at a height of not more than six
feet. No portion of the fence erected around a swimming pool shall
be less than three feet from the nearest point of water.
[Amended 4-7-1998 by Ord. No. 1035; 4-21-2009 by Ord. No.
1306]
C.
Walls and fences shall be required to complement the
structural style, type and design of the principal building.
D.
Walls and solid fences are more appropriately used
adjacent to or attached to buildings as architectural extensions,
and careful consideration shall be given to coordination with the
lines, materials and color of any principal structure.
E.
Walls and fences visible shall be constructed of durable,
high-quality materials and shall display a high level of quality in
finish and detail. Walls with a lesser quality of finish and detail
may be considered for approval if they are continuously screened by
landscaping. Gates in walls and fences between streets and open areas
may be required by the Planning Board.
[Amended 4-21-2009 by Ord. No. 1306]
F.
Plantings shall be considered as part of any wall
or fencing plan.
G.
The use of plant screens instead of fences is encouraged
along property lines.
H.
Materials and construction.
(1)
If the fence is wood or wood frame, the framework
must face the interior of the lot or be finished on both sides.
(2)
If the fence is open metal mesh supported by posts
or frames or either pipe or wood, the posts and frames must face the
interior of the lot.
(3)
If the fence is of masonry construction, a finished
surface must be provided on the exterior side.
J.
Hedges shall be subject to the same provisions as
regular fencing; provided, however, that they shall not be placed
nearer than four feet to any sidewalk or any prospective sidewalk.
K.
The height of walls and fences shall be measured from
the average elevation of the finished grade along the base of the
wall or fence to its highest point.
L.
No fence, hedge or solid wall of any type shall be
erected or maintained if it is deemed a safety hazard in obstructing
the view of motorists.
M.
All fences erected shall be maintained in a safe,
sound and upright condition by the property owner, and all hedges
shall be neatly maintained and trimmed in appearance and kept at a
height not greater than prescribed by this chapter.
N.
No person shall erect a fence or wall until after
obtaining a permit from the Construction Department. Living fences
shall not require a permit but shall be governed by the rules of this
section. The cost of the permit shall be established in the Borough's
Fee Ordinance.[2]
[Amended 4-21-2009 by Ord. No. 1306]
O.
Existing fences at the time of adoption of this chapter
shall be allowed to remain and to be maintained but cannot be replaced
except by compliance with the rules set forth in this section.
P.
Existing living fences in areas not permitted by this
chapter can be maintained at a height of not more than four feet.
No living fence in violation of this chapter shall be replaced except
by compliance with the regulations herein prescribed.
Q.
Walls
48 inches or more are governed by the Uniform Construction Code.
[Added 4-21-2009 by Ord. No. 1306]
No more than one commercial vehicle with a gross
vehicle weight of less than 10,000 pounds may be parked, stored or
garaged at any dwelling unit or on any public street within the residence
zones of the Borough.
A.
Yards. On a corner lot, there shall be deemed two
front yards on abutting streets, one rear yard and one side yard.
B.
Yard dimensions.
(1)
Where minimum permitted yard dimensions are less than
sufficient to accommodate a required buffer area, they shall be increased
accordingly.
(2)
Where a lot abuts any street which is proposed to
be widened on the Official Map or Master Plan of Haddon Heights Borough,
the required minimum yard dimension shall be measured from the proposed
right-of-way line.
C.
Through lots. On a through lot, front yards are required
along all street lines.
D.
Curved lot frontage. When a lot adjoins a cul-de-sac
or abuts a curved street with a radius of less than 500 feet, the
required lot frontage may be reduced to not less than 1/2 of the required
minimum lot width, and the minimum lot width at the front yard line
may be reduced to not less than 75% of the required lot width.
E.
Lot depth. The required lot depth at any point may
be decreased by 25% if the average lot depth conforms to the minimum
requirements.
F.
Minimum net habitable floor area. The net habitable
floor area of any dwelling unit shall be not less than the least restrictive
of the most current minimum floor areas as promulgated by the New
Jersey Housing Finance Agency or the United States Department of Housing
and Urban Development in its minimum property standards manual.
G.
Maximum occupancy limits. The number of occupants
of any dwelling unit shall not exceed the maximum permitted under
the most current occupancy guidelines as established by the United
States Department of Housing and Urban Development.
H.
Number of structures restricted. In any residential
zone, there shall be not more than one principal structure on each
lot. In any other zone, the placement of more than one principal structure
shall be subject to Planning Board or Zoning Board approval of a site
plan showing existing, proposed and all future development(s) on the
site.
In the development and execution of these provisions,
it is recognized that there are some uses, which because of their
very nature, are recognized as having serious objectionable operational
characteristics, particularly when several of them are concentrated
under circumstances having a deleterious effect upon the adjacent
areas. Special regulation of these uses is necessary to ensure that
these adverse effects will not contribute to the blighting or downgrading
of the surrounding neighborhood.
A.
Adult bookstores, adult motion-picture theaters and
massage parlors are hereby deemed to be regulated uses.
B.
No regulated use may be located within 1,000 feet
of any other regulated uses nor within 1,000 feet of a residentially
zoned area.
C.
Any person, firm or corporation or other party violating any of the provisions of this section shall, upon conviction thereof, be subject to the penalties prescribed by § 450-171. Each and every violation of and nonconformance with this section or each day that any provision of this section shall have been violated shall be construed as a separate and distinct violation thereof.
[Amended 10-19-2004 by Ord. No. 1181]
