Haddonfield City Zoning Code
ARTICLE III
Zoning Districts and Zoning Map
§ 135-11 Zoning Districts.
[Amended 11-9-2004 by Ord. No. 28-2004; 6-10-2008 by Ord. No. 2008-13; 12-17-2019 by Ord. No. 2019-20; 3-9-2021 by Ord. No. 2021-01]
For the purposes of this chapter, the Borough of Haddonfield is hereby divided into districts as follows:
R-1 | (Residential Single-Family) |
R-2 | (Residential Single-Family) |
R-3 | (Residential Single-Family) |
R-4 | (Residential Single-Family) |
R-5 | (Residential Single-Family) |
R-5A | (Residential Single-Family) |
R-6 | (Residential Single-Family) |
R-7 | (Residential Single-Family) |
R-8 | (Residential Single-Family) |
R-9 | (Residential Single-Family) |
R-10 | (Residential Townhouses) |
R-11 | (Residential High Density) |
AHO-1 | (Affordable Housing Overlay 1) |
AHO-2 | (Affordable Housing Overlay 2) |
AHO-3 | (Affordable Housing Overlay 3) |
AHO-4 | (Affordable Housing Overlay 4) |
AHO-5 | (Affordable Housing Overlay 5) |
AHO-6 | (Affordable Housing Overlay 6) |
AHO-7 | (Affordable Housing Overlay 7) |
AHO-8 | (Affordable Housing Overlay 8) |
AHO-9 | (Affordable Housing Overlay 9) |
RO | (Residential Office) |
O | (Office) |
D1 | (Downtown 1) |
D2 | (Downtown 2) |
D3 | (Downtown 3) |
D4 | (Downtown 4) |
C | (Commercial) |
P | (Public Use) |
§ 135-12 Zoning Map.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 11-9-2004 by Ord. No. 28-2004; 6-10-2008 by Ord. No. 2008-13]
The boundaries of these zoning districts are established on the map entitled "Zoning Map of the Borough of Haddonfield," as per the most recently dated version, and is hereby made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the Borough Clerk's office.
§ 135-13 Interpretation of boundaries.
A.
Boundaries. Zoning district boundary lines are intended to follow street center lines, railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of the enactment of this chapter unless otherwise indicated by dimensions on the Zoning Map.
B.
Dimensions. Any distances or dimensions listed in this chapter or shown on the Zoning Map are in feet (unless otherwise expressly so indicated) and are measured horizontally and, when measured from a street, are measured from the street right-of-way line even if the center line of the street is the location of the zoning district line.
C.
Disputes. The exact location of any disputed zoning district boundary line shall be determined by the Zoning Board of Adjustment, pursuant to law.
D.
Applicability. The zoning standards, controls and designations apply to every structure, lot and use within each district and the district lines extend vertically in both directions from ground level.
§ 135-14 Effect of zoning.
No land may be used and no structure may be erected, raised, razed, moved, extended, enlarged, altered or used for any purpose other than the purposes permitted herein for the zone in which it is located, and all construction shall be in conformity with the regulations provided for the zone in which such construction is located.
§ 135-15 Subdivision and resubdivision of lots.
When a new lot or lots are formed from a parcel of land, or where two or more lots are combined into a single lot, the separation or combination must be effected in such a manner as not to impair any of the provisions of this chapter. Moreover, when two or more lots are combined into a single lot for the purpose of an application for development, the lots shall be combined as one lot unless subsequently subdivided in accordance with the requirements of this chapter.
§ 135-16 Public utilities.
Public utility distribution facilities required for direct local service may be located anywhere within the Borough of Haddonfield wherever reasonably necessary, provided such facilities are placed within the rights-of-way of existing roads and streets or in utility easements.
§ 135-17 Height limitation exceptions.
§ 135-18 Nonconforming lots.
A.
A building or structure may be erected on any nonconforming lot held in single and separate ownership at the effective date of the most recent applicable ordinance only when granted a variance by the Zoning Board of Adjustment or Planning Board per New Jersey Land Use Law, except that where a habitable structure exists on the lot in question and such new building or new structure conforms to the minimum side yard, rear yard, front yard, and height requirements and total construction conforms to lot coverage requirements of said ordinance, approval of the Zoning Board of Adjustment or Planning Board is not required.
B.
To the fullest extent permitted by law, contiguous undersized lots shall merge and may be separated only upon the grant of subdivision approval in accordance with the terms of this chapter.
[Added 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
§ 135-19 Accessory buildings.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 5-14-2019 by Ord. No. 2019-05]
Accessory buildings shall comply with all requirement for the zoning district in which they are located. All accessory buildings or structures shall be set to the rear of the front most portion of the principal building. All accessory buildings must be set at a minimum distance of 10 feet from the principal building; less than 10 feet from the principal building or structure shall be considered a portion of the principal building or structure and not an accessory building.
§ 135-20 Nonconforming uses.
[Added 3-8-1994 by Ord. No. 1692A]
The reduction in the size of a lot on which a nonconforming use is located, or the reduction in the effective available size of that lot by the granting of an easement restricting the use of a portion of that lot, shall constitute an intensification of the nonconforming use, and shall require a use variance.
§ 135-21 Yard exceptions.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
A.
Driveways, aprons, curbs, retaining walls, landscaping structures, drainage structures, rain flow conduits, and fences are permitted in the side yard, back yard, and front yard of any property.
[Added 4-14-1998 by Ord. No. 1770]
B.
Yard encroachments (see Figure 1[1]) shall be permitted in the R, O, C and P Zones (outside of the Downtown Zoning District) provided that:
[Amended 6-10-2008 by Ord. No. 2008-13; 5-14-2019 by Ord. No. 2019-05]
(1)
The principal building or structure to which the encroachment is attached otherwise conforms to all setback requirements or, if the building or structure has a nonconforming yard, it will not increase the nonconformity thereof;
(2)
No such encroachment shall be permitted to be closer than four feet to any property line;
(3)
All such encroachments that extend over a driveway, sidewalk, walkway, patio, handicapped access ramp or other means of vehicular or pedestrian ingress or egress shall maintain a height at least eight feet above such means of ingress or egress; and
[1]
Editor's Note: Said figure is included as an attachment to this chapter.
C.
Porches, stoops, and other protrusions within D1, D2, D3 and D4 Zones shall be permitted to encroach into a front, side or rear yard setback, provided that:
[Added 6-10-2008 by Ord. No. 2008-13]
(1)
The principal building or structure to which it is attached otherwise conforms to all setback requirements, or, if the building or structure has a nonconforming yard, it will not increase the nonconformity thereof; and
(2)
If it extends into or over a driveway, walkway, patio, handicapped access ramp, or other means of vehicular or pedestrian ingress or egress, it shall not be less than eight feet above such means of ingress or egress; and
(4)
Porches shall be no less than six feet deep. Porches may extend up to 10 feet into front yards, provided they are no closer than four feet to any property line.
(5)
These dimensions also apply to porches facing corner lot lines and for porches of sideyard buildings.
(6)
Stoops may extend into the front setback area of cottage houses, sideyard buildings, single-family detached houses, townhouses, and twins if their highest point is not higher than 42 inches above sidewalk level.
(7)
Other encroachments, such as bay windows, balconies, or colonnades, shall provide a minimum of 15 feet of clearance over a public sidewalk or R.O.W. Encroachments shall also be no greater than 16 feet in width and two feet in depth.
(8)
Overhanging encroachments may extend beyond the property line only in to the public right-of-way, not into an adjoining property. Easements are required for any encroachments into a public right-of-way.
(9)
Protrusions shall not be included in the calculation of building or impervious coverage.
(10)
Building steps, roof overhangs less than 24 inches beyond the outermost vertical plane of a structure or wall, and patios and walkways at grade level or flush to the ground shall not be counted toward any setback requirement.
§ 135-22 Number of structures and uses.
[Added 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
Except where specifically permitted in this chapter, no lot shall have erected upon it more than one principal building or use.
§ 135-23 Double-fronted and flag lots.
[Added 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
Double-fronted and flag lots shall not be permitted. Minimum lot area and yard requirements for existing double-fronted lots shall be measured from both street frontages. Minimum lot area and yard requirements for existing flag lots shall be measured from the rear lot line of the adjacent lot it is situated behind.
§ 135-24 Nonconforming structures and uses.
[Added 5-9-2017 by Ord. No. 2017-06[1]]
A.
A nonconforming use or structure that is intentionally or unintentionally partially destroyed may be repaired or restored as a nonconforming structure or use.
B.
A nonconforming use or structure that is totally destroyed intentionally or unintentionally shall not be repaired or restored as a nonconforming structure or use.
C.
To determine whether the structure or use was partially destroyed or totally destroyed, the following factors are to be considered:
(1)
The extent of the damage and destruction regarding walls, floors, roof, foundation, windows, doors, electrical service, water service, waste removal service, heating and air-conditioning service, etc.
(2)
The percentage of damage and destruction based on the habitable floor area, as one factor among all factors.
(3)
The extent of the damage and destruction to the structural integrity of the structure.
(4)
The historical significance of the structure, including the extent of the damage and destruction to the historical features of the structure. Substantial efforts should be followed to cause historical structures to be repaired and restored.
(5)
Any other facts or information that may be relevant to the application to repair or restore the nonconforming structure.
D.
In the event of the intentional or unintentional destruction of a nonconforming structure, the owner or party in interest may apply to the Borough of Haddonfield Construction Official for the necessary permits to repair or restore the nonconforming structure. The Construction Official must consider the above-mentioned factors in rendering a decision as to whether it was a partial destruction in order to issue the necessary permits. In the event the Construction Official decides that the destruction was total and decides not to issue the necessary permits to repair or restore the nonconforming use or structure, the Construction Official must notify the owner or party in interest of such denial and indicate that the owner or party in interest may apply to the Zoning Board of Adjustment for an approval to repair or restore the nonconforming use or structure.
E.
The process regarding the application to the Zoning Board for an approval to repair or restore the conforming use or structure shall comply with the following:
(1)
The owner or party in interest shall submit an application to the Construction Official for submission to the Zoning Board containing at a minimum the information required in the Municipal Land Use Law (MLUL), N.J.S.A. 40:55D-11. There is no time limitation as to when such an application must be submitted.
(2)
The owner or party in interest shall comply with the public notice requirement provided in the MLUL, N.J.S.A. 40:55D-12.
(3)
The applicant shall be entitled to a hearing, and at the hearing on the application before the Zoning Board, the owner or party in interest shall have a right to be heard, which includes being permitted to call witnesses, introduce documentary evidence and make legal arguments relevant to the application before the Zoning Board.
(4)
Other individuals have a right to be heard, which includes presenting relevant testimony and documentary evidence.
(5)
At the conclusion of the hearing, the Zoning Board shall determine whether the destruction to the nonconforming use or structure was partial, and in the event it was determined to be a partial destruction, the Construction Official shall issue the necessary permits for the nonconforming use or structure to be repaired or restored.
(6)
Once permits are granted, a partially destroyed nonconforming structure may be repaired or restored, provided that there shall be no expansion of the nonconforming structure and the nonconforming structure can be no larger than the existing footprint.
[1]
Editor’s Note: This ordinance also specifically repealed former § 135-24, Damaged or destroyed nonconforming structures, added 7-23-2002 by Ord. No. 1825.
§ 135-25 (Reserved) [1] [2]
[1]
Editor’s Note: Former § 135-25, Damage or destruction of buildings and structures on nonconforming lots, added 7-23-2002 by Ord. No. 1825, as amended, was repealed 5-9-2017 by Ord. No. 2017-06.
[2]
Editor's Note: Former §§ 135-25.1, Affordable housing for any development producing five dwelling units or more, added 2-28-2006 by Ord. No. 2006-02, and 135-25.2, Affordable housing as share of all development or redevelopment of parcels of five or more acres, added 2-28-2006 by Ord. No. 2006-03, which immediately followed this section, were repealed 12-17-2019 by Ord. No. 2019-19.