Delaware City Zoning Code
ARTICLE II
Establishment of Zones
§ 230-6 Zones.
[Amended 6-28-2010 by Ord. No. 2010-06LU]
For the purposes of this chapter, the Township of Delaware is divided into seven zones known as:
A-1 | Agricultural/Rural Residential Zone |
A-2 | Lockatong/Diabase Agricultural/Residential Zone |
C-1 | Highway Commercial Zone |
I-2 | Quarry Industrial Zone |
V-1 | Village Residential/Commercial Zone, also referred to herein as V-1 Zone or V-1 Village Zone |
V-2 | Village Residential/Commercial Zone, also referred to herein as V-2 Zone or V-2 Village Zone |
V-3 | Village Residential Zone, also referred to herein as V-3 Zone or V-3 Village Zone |
§ 230-7 Official Zoning Map.
The aforesaid zones are hereby established by the designations, locations and boundaries thereof set forth and indicated on the Official Zoning Map to be located in the office of the Township Clerk. A general map indicating such designations, locations and boundaries shall be attached to all copies of the Land Use Ordinance for information purposes only.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Township Clerk.
§ 230-8 Amendments to Zoning Map.
A.
Authorized amendments. If, in accordance with the provisions of this chapter, and the Revised Statutes of the State of New Jersey, changes are made in the zone boundaries or other matters portrayed in the Map by the Township Committee, such changes shall be caused to be made thereon promptly by the Township Clerk after such amendment has taken effect as provided by law. For each such change in the Map, note shall be made thereof in the revision box of the date of revision, the zone affected by the revision, and a brief identifying description of the revision. These changes are to be endorsed upon the map on the effective date of the amendment.
B.
Unauthorized amendments. Unauthorized and intentional changes of any kind on the Map or matter shown thereon shall be punishable as provided in § 230-150.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
§ 230-9 Zone boundaries.
Questions concerning the exact location of zone boundary lines shall be decided by the Zoning Board of Adjustment. Whenever uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the map, the following shall apply:
A.
Public or private ways. Boundary lines indicated as following or approximately following streets, highways, or other public or private ways shall be construed to follow the center lines thereof.
B.
Platted lot lines. Boundary lines indicated as following or approximately following platted lot lines shall be construed as following such lot lines as the same appear on the Tax Map of the Township of Delaware, as revised.
C.
Municipal lines. Boundary lines indicated as following or approximately following municipal lines shall be construed as following municipal lines.
D.
Watercourses. Boundary lines indicated as following streams, rivers or other bodies of water shall be construed as following the center lines thereof at the time of the decision.
E.
Geological formation lines. Boundaries indicated as following a geologic formation shall be construed as designated on the Official Zoning Map of the Township of Delaware. This map, at a scale of 1:1000, is on file at the office of the Township Clerk. For lots that border or traverse the boundary line separating the A-1 Zone from the A-2 Zone, the burden of proof to challenge the validity of geologic data for those lots rests upon the applicant for subdivision.
F.
Distances between boundary lines. All distances between parallel or concentric lines, or extensions or prolongations of features indicated in Subsections D and E above shall be construed to be at right angles in the case of parallel lines or radial in the case of concentric lines.
§ 230-10 Farmland boundaries.
Whenever an uncertainty or ambiguity exists as to the true location of any boundary lines designating priority farmland, the boundaries shall be construed as designated in Appendix IV of this chapter, entitled "Priority Farmland: Hunterdon County Prime Farmland and Soils of Statewide Importance."[1]
[1]
Editor's Note: Said appendix is included as an attachment to this chapter.
§ 230-11 Procedure for requesting change in zoning.
The zones established by this chapter are based on geologic, cultural, and other natural or man-made physical conditions of the Township as identified in the Master Plan of Delaware Township. Any party seeking a change in zone designation shall make a written request, along with the reasons for the request, to the Planning Board. If the Planning Board finds that the information justifies a change in the zone designation, the Board shall take actions necessary to make the change. If the proposed change is in conflict with the Master Plan, the Board shall consider an appropriate amendment to the Master Plan. If the Master Plan is amended, the Planning Board shall submit to the Township Committee for its consideration an appropriate amendment to this chapter. If the Planning Board finds by majority vote that the information justifies a change in a zone designation and no amendment to the Master Plan is needed, the Planning Board shall submit an amendment to this chapter for consideration by the Township Committee.
