Hainesport City Zoning Code
ARTICLE VII
Zoning Districts; Dimensional and Use Regulations
§ 104-37 Establishment of zoning districts.
[Amended 8-25-1987 by Ord. No. 1987-9-6; 12-31-1988 by Ord. No. 1988-14-6; 8-22-1989 by Ord. No. 1989-9-7; 8-24-1999 by Ord. No. 1999-5-7; 7-19-2004 by Ord. No. 2004-9-6; 4-12-2011 by Ord. No. 2011-2-3; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
For the purpose of this chapter, the Township of Hainesport is divided into the following zones:
GC | General Commercial |
O | Office |
PO | Professional Office |
HC | Highway Commercial |
I | Industrial |
I-1 | Industrial |
R-1 | Residential-1 |
R-1a | Residential-1a |
R-2 | Residential-2 |
R-3 | Residential-3 |
RR-5 | Rural Residential-5 |
AC | Accessory Commercial With Residential |
BC | Business Commercial With Residential Business |
SRC | Special Restricted Commercial |
PRD | Planned Development |
SCOD | Senior Citizen |
§ 104-38 Zoning Map.
[Amended 6-26-1979 by Ord. No. 1979-10; 8-24-1999 by Ord. No. 1999-5-7; 6-9-2009 by Ord. No. 2009-6-5]
The boundaries of the zoning districts shall be shown on the map attached to and made a part of this chapter and titled "Hainesport Township, Burlington County, NJ, Zoning Map," dated December 3, 2008, which map is on file in the office of the Hainesport Township Clerk. Said map and all notations, references and data shown thereon are hereby incorporated in this chapter as if such was fully set forth herein.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment to this chapter.
§ 104-39 Interpretation of boundaries.
A.
The boundaries between districts are, unless otherwise indicated, either the center lines of streets or railroad rights-of-way or such lines extended or lines parallel or perpendicular thereto.
B.
Where figures are shown on the Zoning Map between a street and a district boundary line, such figures indicate that the district boundary line runs parallel to the street line at a distance therefrom equivalent to the number of feet so indicated.
§ 104-40 Regulations to be minimum requirements.
The regulations listed for each zone as designated are hereby prescribed for such zones, subject to the other provisions in this chapter, and shall be deemed to be the minimum requirements in every instance of their application.
§ 104-41 General Commercial District.
[Added 8-25-1987 by Ord. No. 1987-9-6]
A.
Dimensional regulations. Within the General Commercial District, the following dimensional requirements shall apply:
(1)
Minimum planning district: two acres.
(2)
Minimum lot area: 40,000 square feet.
(3)
Building coverage limit: 25%.
(4)
Minimum rear yard: 15 feet.
(5)
Minimum front yard: 25 feet.
(6)
Minimum side yard: 15 feet.
(7)
Minimum frontage: 150 feet.
(8)
Maximum building height: 35 feet.
(9)
Maximum impervious coverage limit: 70%.
(10)
Maximum vegetated area: 30%.
(11)
Cross easements shall be provided to adjacent lots where designated by the Planning Board to provide safe and efficient circulation between future and existing commercial developments.
(12)
Minimum setback of parking or traffic aisle from a right-of-way line: 15 feet.
(13)
Minimum setback of parking or traffic aisle from a side or rear property line: 15 feet.
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the General Commercial District:
(2)
Conditional uses. The following land uses are hereby established as conditional uses in the General Commercial District:
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the General Commercial District:
(a)
Fast-food restaurants.
(b)
Bars.
(c)
Residential uses (other than those ancillary to a business).
(d)
Any outdoor, temporary storage.
(e)
Movie theaters.
(f)
Wholesale distribution.
(g)
Manufacturing.
(h)
Motor vehicle and trailer sales.
(i)
Farm sales.
(j)
Warehouses.
(k)
Mini storage.
(l)
Hospitals.
(m)
Services.
(n)
Printing houses or publishers.
(o)
Indoor recreation.
(p)
Cemeteries.
(q)
Clubs or lodges.
(r)
Convalescent homes.
(s)
Hotels or motels.
(t)
Light manufacturing.
(u)
Motor vehicle service stations.
(v)
All uses not specifically permitted.
(w)
Septic transfer station.
§ 104-42 Office District.
[Added 8-25-1987 by Ord. No. 1987-9-6]
A.
Dimensional regulations. Within the Office District, the following dimensional requirements shall apply:
(1)
Minimum planning district: five acres.
(2)
Minimum lot area: five acres.
(3)
Building coverage limit: 30%.
(4)
Minimum front yard: 100 feet.
(5)
Minimum side yard: 25 feet.
(6)
Minimum rear yard: 25 feet.
(7)
Minimum frontage: 400 feet.
(8)
Maximum building height: four stories or 55 feet.
(9)
Maximum impervious coverage limit: 65%.
(10)
Minimum vegetated area: 35%.
(12)
Minimum distance between buildings: 25 feet.
(13)
Cross easements shall be provided to adjacent lots where designated by the Planning Board to provide safe and efficient circulation between future and existing office developments.
B.
Use regulations.
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Office District:
(a)
Roadside stands.
(b)
Residential uses of any type.
(c)
Theaters.
(d)
Outdoor storage.
(e)
Wholesale distribution.
(f)
Manufacturing.
(g)
Wholesale or retail sales.
(h)
Warehouses.
(i)
Indoor storage.
(j)
All personal service shops.
(k)
Motor vehicle service stations.
(l)
Publishing houses.
(m)
Indoor recreation.
(n)
Clubs or lodges.
(o)
Light manufacturing.
(p)
All other uses not specifically permitted.
§ 104-43 Professional Office District.
[Added 8-25-1987 by Ord. No. 1987-9-6]
A.
Dimensional regulations. Within the Professional Office District, the following dimensional requirements shall apply:
(1)
Minimum planning district: 40,000 square feet.
(2)
Minimum lot area: 20,000 square feet.
(3)
Building coverage limit: 25%.
(4)
Minimum front yard: 35 feet.
(5)
Minimum side yard: 20 feet.
(6)
Minimum rear yard: 20 feet.
(7)
Minimum frontage: 100 feet.
(8)
Maximum building height: 35 feet.
(9)
Maximum impervious coverage limited: 70%.
(10)
Minimum vegetated area: 30%.
(11)
Minimum setback of parking or traffic aisle from right-of-way line: 15 feet.
(12)
Cross easements shall be provided to adjacent lots where designated by the Planning Board to provide safe and efficient circulation between future and existing office developments.
§ 104-44 Highway Commercial District.
[Added 8-25-1987 by Ord. No. 1987-9-6]
A.
Dimensional requirements. Within the Highway Commercial District, the following dimensional requirements shall apply:
(1)
Minimum planning district: five acres.
(2)
Minimum lot area: 40,000 square feet.
(3)
Building coverage limit: 25%.
(4)
Minimum front yard: 90 feet with parking in the front yard; 50 feet without parking in the front yard.
(5)
Minimum side yard: 25 feet.
(6)
Minimum rear yard: 15 feet.
(7)
Minimum frontage: 200 feet.
(8)
Maximum building height: 55 feet.
(9)
Maximum impervious coverage limit: 65%.
(10)
Minimum vegetated area: 35%.
(12)
Cross easements shall be provided to adjacent lots where designated by the Planning Board to provide safe and efficient circulation between future and existing commercial developments.
B.
Use regulations.
(1)
Permitted uses. The following land uses are hereby established as permitted uses in the Highway Commercial District:
(a)
Restaurants.
(b)
Retail stores.
(c)
Funeral homes.
(d)
Municipal facilities (offices).
(e)
Office buildings.
(f)
Banks.
(g)
Indoor recreational uses.
(h)
Bakeries.
(i)
Personal service shops.
(j)
Professional business and administrative, finance, utility, insurance or government offices.
(k)
Medical clinics.
(l)
Telephone central offices.
(m)
Furniture sales.
(n)
Variety merchandise sales.
(3)
Prohibited uses. The following uses are hereby established as prohibited uses in the Highway Commercial District:
(a)
Outdoor storage and temporary storage.
(b)
Roadside stands.
(c)
All residential uses.
(d)
Mini storage warehouses.
(e)
Warehouses in general.
(f)
Wholesale distribution centers.
(g)
Manufacturing.
(h)
Hospitals.
(i)
Distributorships of a warehouse nature.
(j)
Cemeteries.
(k)
Clubs or lodges.
(l)
Convalescent homes.
(m)
Educational institutions.
(n)
Light manufacturing.
(o)
Body shops.
(p)
Motor vehicle and trailer sales.
(q)
Passenger stations.
(r)
Septic transfer stations.
(s)
Motor vehicle service stations.
C.
Standards.
[Added 7-13-2004 by Ord. No. 2004-11-6]
(1)
Land use standards. The HITCO Redevelopment Area is within the Highway Commercial HC Zoning District. This zone is designated for retail centers, office buildings and other complementary and supportive uses.
(a)
Permitted uses.
[1]
Business office uses, e.g., financial and insurance businesses, professional, scientific and technical services, banks, medical offices, government offices, and business administration, management and support services.
[2]
Commercial uses, e.g., retail stores, personal service shops, antique shops, variety merchandise sales, furniture sales and similar commercial uses as permitted in the HC Zoning District.
[3]
Restaurants, excluding drive-through and drive-in restaurants and mobile restaurants and food service carts.
[4]
Information industry uses, e.g., wireless telecommunications facilities, including communication (cell) towers, information and data processing services, and newspaper, periodical, book, database and software publishing.
[5]
Buildings consisting of a mix of uses otherwise permitted within the HC Zoning District.
(c)
Prohibited uses. All uses listed as prohibited uses in the HC Zoning District are hereby prohibited uses within the HITCO Redevelopment Area.
(2)
Development standards. The development standards being advanced for the HITCO Redevelopment Area are the specific standards as identified within the Highway Commercial Zoning District and the general land use standards as identified in Chapter 104 of the Hainesport Code. In addition, development within the redevelopment area shall conform to the following special design standards:
(a)
Off-street parking is to be provided in accordance with applicable Township requirements, except that the number of parking spaces shall not exceed 105% of the requirement.
(b)
Parking facilities are required to interconnect to adjacent properties.
(c)
Parking areas shall be buffered from view from the adjacent roadways and properties.
(d)
The style of architecture for any development within the redevelopment area shall conform to the following standards:
(3)
Streetscape and landscape design standards. In addition to the landscape design requirements established in this chapter, the following standards shall apply for the HITCO Redevelopment Area:
§ 104-44.1 HITCO Redevelopment Area in Highway Commercial District.
[Added 9-8-2015 by Ord. No. 2015-7-8]
A.
Applicable standards. The HITCO Redevelopment Area is located within the Highway Commercial Zoning District. The following standards supplement the Highway Commercial Zoning District standards. In the event of a conflict between the Highway Commercial Zoning District regulations and the regulations for the HITCO Redevelopment Area, the latter shall govern.
B.
Dimensional regulations. The following dimensional regulations shall apply to development in the HITCO Redevelopment Area:
(1)
Minimum lot area: 40,000 square feet.
(2)
Building coverage limit: 25%.
(3)
Minimum front yard: 50 feet.
(4)
Minimum side yard: 25 feet.
(5)
Minimum rear yard: 15 feet.
(6)
Minimum frontage: 200 feet.
(7)
Maximum building height: 55 feet.
(8)
Maximum impervious coverage limit: 65%.
(9)
Minimum vegetated area: 35%.
C.
Use regulations. This zone is designated for retail centers, office buildings, and other complementary and supportive uses.
(1)
Permitted uses. The following land uses are permitted uses:
(a)
Business office uses, e.g., financial and insurance businesses, professional, scientific and technical services, banks, medical offices, government offices, and business administration, management and support services.
(b)
Commercial uses, e.g., retail stores, personal service shops, antique shops, variety merchandise sales, furniture sales and similar commercial uses as permitted in the HC Zoning District.
(c)
Restaurants, excluding drive-through and drive-in restaurants and mobile restaurants and food service carts.
(d)
Information industry uses, e.g., wireless telecommunications facilities, including communication (cell) towers, information and data processing services, and newspaper, periodical, book, database, and software publishing.
(e)
Buildings consisting of a mix of uses otherwise permitted in the HITCO Redevelopment Area.
(2)
Conditional uses. The following land uses are conditional uses, requiring compliance with Article X, Conditional Uses; Conditions and Restrictions, of this chapter:
(3)
Prohibited uses. The following land uses are prohibited uses:
(a)
Outdoor storage and temporary storage.
(b)
Roadside stands.
(c)
All residential uses.
(d)
Mini storage warehouses.
(e)
Warehouses in general.
(f)
Wholesale distribution centers.
(g)
Manufacturing.
(h)
Hospitals.
(i)
Distributorships of a warehouse nature.
(j)
Cemeteries.
(k)
Clubs or lodges.
(l)
Convalescent homes.
(m)
Educational institutions.
(n)
Light manufacturing.
(o)
Body shops.
(p)
Motor vehicle and trailer sales.
(q)
Passenger stations.
(r)
Septic transfer stations.
(s)
Motor vehicle service stations.
D.
Design and performance standards. The following design and performance standards supplement the design and performance standards for the Highway Commercial District set forth in Article XII of this chapter. In the event of a conflict between the general design and performance standards and this redevelopment plan amendment, this redevelopment plan amendment shall govern.
(1)
Easements. Cross easements shall be provided to adjacent commercial lots to provide safe and efficient circulation between existing and future commercial developments.
(2)
Off-street parking.
(a)
(b)
The maximum off-street parking shall not exceed 105% of the minimum requirements.
(c)
Parking facilities are required to interconnect to adjacent commercial properties.
(4)
Landscape requirements.
(a)
Minimum vegetative buffer to residential zone: 50 feet.
(b)
Minimum green area, including grass or ground cover, trees and shrubs, along state highways: 25 feet.
(c)
A sidewalk with a minimum width of five feet shall be provided along the frontage of Creek Road on the site.
(d)
Street trees shall be provided along the entire frontages of Route 38 and Creek Road with trees placed on maximum centers of 40 feet.
§ 104-45 Industrial District.
[Added 8-25-1987 by Ord. No. 1987-9-6]
A.
Dimensional regulations. Within the Industrial District, the following dimensional requirements shall apply:
(1)
Minimum planning district: five acres.
(2)
Minimum lot area: two acres.
(3)
Building coverage limit: 70%.
(5)
Minimum side yard: 25 feet.
(6)
Minimum rear yard: 25 feet.
(7)
Minimum frontage: 100 feet.
(8)
Maximum building height: 40 feet.
(9)
Maximum impervious coverage limit: 70%.
(10)
Minimum vegetated area: 30%.
B.
Use regulations.
[Amended 11-12-2012 by Ord. No. 2012-9-9]
(1)
Permitted uses. The following additional land uses shall be permitted uses in the Industrial District:
(a)
Indoor recreation buildings.
(b)
Heavy manufacturing.
(c)
Government facilities.
(d)
Warehousing and indoor storage facilities.
(e)
Motor vehicle service and repair stations.
(f)
Printers or publishers.
(g)
Septic transfer stations.
(h)
General and professional office.
(i)
Retail ancillary to any of the above uses.
(j)
Class 3 cannabis wholesalers and Class 4 cannabis distributors.
[Added 12-12-2023 by Ord. No. 2023-10]
(2)
Conditional uses. The following land uses are hereby established as conditional uses in the Industrial District:
(a)
Motor vehicle and trailer sales.
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Industrial District:
§ 104-45.1 Industrial-1 District.
[Added 4-12-2011 by Ord. No. 2011-2-3]
The purpose of the Industrial-1 District is to provide areas of the Township for the exclusive use of non-noxious industries consistent with § 104-45 and to provide areas of the Township for sexually oriented businesses as a conditional use which can meet the strict performance standards set forth in Chapter 150 of the Code of Hainesport Township and the specific conditions as set forth in Article X of this chapter.
A.
Dimensional regulations. Within the Industrial-1 District, the following dimensional requirements shall apply:
B.
Use regulations.
(1)
Permitted uses. The following land uses are hereby established as permitted uses in the Industrial-1 District:
(a)
Indoor recreation buildings.
(b)
Heavy manufacturing.
(c)
Government facilities.
(d)
Warehousing and indoor storage facilities.
(e)
Motor vehicle service stations.
(f)
Printers or publishers.
(g)
Septic transfer stations.
(h)
Class 3 cannabis wholesalers and Class 4 cannabis distributors.
[Added 12-12-2023 by Ord. No. 2023-10]
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Industrial-1 District:
§ 104-46 Residential-1 District.
[Added 12-31-1988 by Ord. No. 1988-14-6]
A.
Dimensional regulations. Within the Residential-1 District, the following dimensional requirements shall apply:
(1)
Minimum lot size: 20,000 square feet with public sewer and water available for use at the site. (See § 104-95B if utilities are unavailable.)
(2)
Minimum front yard: 35 feet.
(3)
Minimum side yard: minimum: 15 feet; aggregate: 35 feet.
(4)
Minimum rear yard: 20 feet.
(5)
Minimum frontage: 100 feet.
(6)
Maximum nonfarm building height: 35 feet.
(7)
Minimum lot width: 100 feet.
(8)
Flag lots shall not be permitted or encouraged within the district.
(9)
Impervious coverage ratio (ICR). The maximum ICR permitted on any residential lot shall not exceed 25%.
[Added 8-24-1999 by Ord. No. 1999-5-7]
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the Residential-1 District:
(a)
Single-family detached dwelling units.
(c)
Temporary roadside stands for local farm products or local nursery products located 30 feet from the right-of-way line and lasting no longer than six months out of any one calendar year.
(d)
Swimming pools with four-foot fences as an accessory use to a residential use.
(e)
Temporary construction buildings.
(f)
Temporary storage buildings (detached).
(g)
Municipal buildings and/or uses.
(2)
Conditional uses. The following land uses are hereby established as conditional uses in the Residential-1 District:
(a)
Home occupations.
(b)
Home professional offices or studios.
(c)
Planned development (PRD) (only where indicated on the Zoning Map).
[Amended 8-22-1989 by Ord. No. 1989-9-7; 4-12-1994 by Ord. No. 1994-4-3]
(d)
Senior citizens overlay option (only where indicated on the Zoning Map).
(e)
Animal husbandry.
[Added 4-12-1994 by Ord. No. 1994-4-3]
(f)
Cemeteries.
[Added 4-12-1994 by Ord. No. 1994-4-3]
(g)
Clubs or lodges.
[Added 4-12-1994 by Ord. No. 1994-4-3]
(h)
Affordable accessory apartments as defined in § 104-6, in the Residential-1 District only and subject to the requirements set forth hereinafter:
[Added 1-30-2024 by Ord. No. 2024-1]
[1]
The minimum lot area must be at least 20,000 square feet, with a width of at least 100 feet.
[2]
The affordable accessory apartment must have its own separate entrance from ground level not visible from the street and shall not be accessible from the principal building on the lot.
[3]
The affordable accessory apartment may not be within the building footprint of the principal single-family residence on-site. Construction of an addition or conversion of an attached garage is permissible, so long as adequate off-street parking for both the principal residential use and the affordable accessory apartment is provided.
[4]
There shall be no more than one principal single-family residence and one accessory apartment on any one lot wherein the same principal single-family residence is located.
[5]
The accessory apartment shall be designed, constructed out of materials, and landscaped in such a way that respects the existing character of the principal single-family residence and the neighborhood in which it is located.
[6]
The affordable accessory apartment must be approved under the Township's Accessory Apartment Program to be rented to an income-eligible household. This applies to any existing nonconforming accessory apartments seeking Planning Board approval.
[7]
The affordable accessory apartment shall not be occupied by more than two persons.
[8]
The floor area of a newly constructed or converted affordable accessory apartment shall not be less than 500 square feet and shall not exceed 800 square feet.
[9]
A newly constructed detached affordable accessory apartment accessory apartment must be set back a minimum of 15 feet from both the rear and side lot lines.
[10]
A conversion of an existing detached accessory building to an affordable must meet the setback and yard requirements of an accessory building in the zone.
[11]
A newly constructed attached affordable accessory apartment shall meet all the appropriate requirements in the zone.
[12]
All accessory apartments shall provide at least one off-street car parking space. This requirement may be met by existing parking provided by the principle dwelling on the lot.
[13]
The dwelling structure shall comply with the Uniform Construction Code and Uniform Fire Code Requirements to the extent required by the Construction Official.
[14]
No lot containing a principal residence and an affordable accessory apartment shall be subdivided unless each resulting lot with its improvements complies in all respects with the requirements of this section and the requirements of the R-1 Residential District.
[15]
Prior to issuance of a building permit for the affordable accessory apartment, a new deed shall be recorded in the Burlington County Clerk's office containing a restriction stating that the accessory apartment will be maintained as affordable for a period of at least 30 years, and be in compliance with this section.
[16]
If the affordable accessory apartment is not serviced by the Township sewer system, approval of Burlington County Health Department shall be obtained before Planning Board approval.
[17]
No more than nine affordable accessory apartments are permitted within the Township of Hainesport.
[18]
The provisions of this article permitting affordable accessory apartments shall become null and void, having no further force or effect, upon the issuance of a building permit for the ninth affordable accessory apartment within the Township of Hainesport. The administrative provisions shall remain in full force and effect unless otherwise modified until the last deed restriction expires.
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Residential-1 District:
§ 104-46.1 Residential-1a District.
[Added 8-24-1999 by Ord. No. 1999-5-7]
A.
Dimensional regulations. Within the Residential-1a District, the following dimensional requirements shall apply:
(1)
Single-family detached:
(a)
Minimum lot size: 10,500 square feet with public sewer and water available for use at the site. (See § 104-95B if utilities are unavailable.)
(b)
Minimum front yard: 30 feet.
(d)
Minimum rear yard: 25 feet.
(e)
Minimum frontage: 85 feet at building setback.
(f)
Maximum nonfarm building height: 35 feet.
(g)
Flag lots shall not be permitted within the district.
(h)
Impervious coverage ratio (ICR). The maximum ICR permitted on any residential lot shall not exceed 25%.
[Added 4-12-2011 by Ord. No. 2011-2-3]
(2)
Single-family attached (townhomes). For all townhome units, the standards of § 104-48A(2) shall apply.
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the Residential-1a District:
(2)
Conditional uses. The following uses are hereby established as conditional uses in the Residential-1a District:
(a)
Home occupations.
(3)
Prohibited uses. The following uses are hereby established as prohibited uses in the Residential-1a District:
§ 104-47 Residential-2 District.
[Added 12-31-1988 by Ord. No. 1988-14-6]
A.
Dimensional regulations. Within the Residential-2 District, the following dimensional requirements shall apply:
(1)
Minimum lot size: 15,000 square feet with public water and sewer available. (See § 104-95B if not available.)
(2)
Minimum front yard: 30 feet.
(3)
Minimum side yard: minimum: 10 feet; aggregate: 20 feet.
(4)
Minimum rear yard: 20 feet.
(5)
Minimum frontage: 100 feet.
(6)
Maximum nonfarm building height: 35 feet.
(7)
Minimum lot width: 100 feet.
(8)
Flag lots shall not be permitted or encouraged within the Residential-2 District.
(9)
Impervious coverage ratio (ICR). The maximum ICR permitted on any residential lot shall not exceed 27%.
[Added 8-24-1999 by Ord. No. 1999-5-7]
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the Residential-2 District:
(a)
Single-family detached dwelling units.
(c)
Temporary roadside stands for local farm products or local nursery products located 30 feet from the right-of-way line and lasting no longer than six months out of the calendar year.
(d)
Swimming pools with four-foot fences as an accessory use to a residential use.
(e)
Temporary construction buildings.
(f)
Temporary storage building uses.
(g)
Accessory uses primarily servicing the single-family detached residential dwelling on a lot.
(h)
Municipal buildings and/or uses.
[Added 8-22-2000 by Ord. No. 2000-12-7]
(2)
Conditional uses. The following land uses are hereby established as conditional uses in the Residential-2 District:
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Residential-2 District:
§ 104-48 Residential-3 District.
[Added 12-31-1988 by Ord. No. 1988-14-6]
A.
Dimensional regulations. Within the Residential-3 District, the following dimensional requirements shall apply depending on the type of unit proposed:
(1)
Apartments.
(a)
Apartment densities shall not exceed 10 units per acre.
[Amended 11-24-1998 by Ord. No. 1998-20-10]
(b)
Setbacks of 50 feet at the perimeter from all property lines, boundary streets and parking areas.
(c)
Front yard: 50 feet; distance between fronts and backs of buildings: 50 feet; distance between sides of two buildings: 25 feet; distance between sides and either fronts or backs of buildings: 35 feet; height limit: 35 feet.
(d)
Impervious coverage limit: 45%.
(e)
Vegetated area: 30%.
(f)
Private recreational facilities should be coordinated with the recreation element of the Master Plan.
(g)
Minimum plan district: 20 acres.
(h)
Minimum setback from Marne Highway: 75 feet.
(i)
Minimum open space: 30% of the tract area.
(j)
Flag lots shall not be permitted or encouraged within the Residential-3 District.
(2)
Townhouses.
(a)
Minimum lot size: 2,000 square feet.
(c)
Clearing limit: 40% of townhouse project area where public sewer and water are provided.
(d)
Impervious coverage limit: 70% of the lot where public sewer and water are provided.
(e)
Frontage requirement: 20 feet minimum.
(f)
Distance between fronts and backs of buildings: 50 feet; distance between sides of two buildings: 25 feet; distance between sides and either fronts or backs of buildings: 35 feet.
(g)
Buildings should be oriented to maximize privacy by offsetting opposite buildings.
(h)
Arrangement of units should be varied by the use of offsets and architectural design to eliminate a monotonous visual appearance. Exterior design and unit mix should be reviewed by the Planning Board.
(3)
Dimensional regulations. Within the Residential-3 District, the following dimensional requirements shall apply:
[Amended 11-22-2005 by Ord. No. 2005-19-10]
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the Residential-3 District:
(a)
Single-family detached dwelling units.
(b)
Apartments (where public sewer and water are available to the site). (Note: These uses require that the developer provide within his development a minimum of 10% of his units as low-income units and 10% of his units as moderate-income units consistent with and conforming to regulations and policies established by the Council on Affordable Housing.)
(c)
Townhouses (where public sewer and water are available to the site). (Note: These uses require that the developer provide within his development a minimum of 10% of his units as low-income units and 10% of his units as moderate-income units consistent with and conforming to regulations and policies established by the Council on Affordable Housing.)
(d)
Swimming pools with four-foot fences as an accessory use to a residential use.
(e)
Recreational facilities and amenities servicing the residential area.
(f)
Temporary construction buildings.
(g)
Temporary storage buildings (detached).
(h)
Municipal buildings and/or uses.
(i)
Off-street parking areas.
(j)
Accessory uses primarily servicing the residential uses on the tract.
(2)
Conditional uses. The following land uses are hereby established as conditional uses in the Residential-3 District:
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Residential-3 District:
§ 104-48.1 AH-1: Affordable Housing-1 Zoning District.
[Added 12-14-2021 by Ord. No. 2021-13]
A.
Purpose. The purpose of the AH-1 Zoning District is to provide an opportunity for needed housing that is affordable to low- and moderate-income households and to facilitate the establishment of a 100% affordable rental apartment community in an area that is well suited to accommodate the multifamily development in terms of existing infrastructure and proximity to transportation, jobs, recreation, and shopping.
B.
Affordability requirements. The residences/apartments must be affordable to low- and moderate-income individuals/households and shall strictly conform with the rules adopted by the New Jersey Council on Affordable Housing (COAH), or its successor; the Uniform Housing Affordability Controls (UHAC); and the requirements of the Township's affordable housing ordinances, including, but not limited to, requirements for phasing, bedroom mix, 50-50 low/moderate income split, very-low-income requirements, affirmative marketing, controls on affordability, adaptability requirements, etc. A thirty-year deed restriction (with the option to extend an additional 15 years) with covenants restricting rentals, conveyance and improvements, and requiring notice of foreclosure and bankruptcy, shall be filed prior to the issuance of a certificate of occupancy for any part of the project.
C.
Dimensional regulations. Within the AH-1 Zoning District, the following dimensional requirements shall apply.
(1)
Maximum density for multifamily residential apartments: nine dwelling units per gross acre.
(2)
Minimum lot size: eight acres.
(3)
Minimum front yard setback: 35 feet.
(4)
Minimum side yard setback: 25 feet.
(5)
Minimum rear yard setback: 20 feet.
(6)
Minimum accessory structure setback: 10 feet from side and rear, not permitted in front yard.
(7)
Maximum impervious coverage: 45%.
(8)
Maximum building height: 40 feet.
(9)
Maximum number of dwelling units per building: 16.
(10)
Minimum distance between buildings: 20 feet.
(11)
Maximum building length: 200 feet.
D.
Use regulations.
(1)
The following principal use is permitted:
(a)
Multifamily affordable apartment residences with public water and sewer.
(2)
The following accessory uses are permitted:
(a)
Off-street parking for motor vehicles.
(b)
Motor vehicle charging stations.
(c)
Common recreational facilities, both indoor and outdoor.
(d)
Stormwater management facilities.
(e)
Trash enclosures for trash and recycling containers.
(f)
Fences up to six feet in height, but not in front yard.
(g)
Signs as follows:
[1]
Maximum sign height: 10 feet.
[2]
Maximum sign area (one side): 60 square feet (includes actual sign, not structural or decorative features, needed for the support of the sign or sign base).
[3]
Maximum sign setback: five feet from right-of-way line and 10 feet from driveway, and outside of AASHTO "clear sight area" for driveways.
(h)
Porches, patios, and gazebos.
(i)
Temporary construction and sales trailers.
E.
Design requirements. Where any of the following standards conflict with standards elsewhere in Chapter 104, the standards below apply within the AH-1 Zoning District.
(1)
Indoor and outdoor amenities must be provided for the benefit of the residents of the development and must be available to all tenants of residential units.
(2)
Parking and driveways.
(a)
The required parking ratio is 1.8 parking spaces per residential unit.
(b)
There is no additional parking requirement for recreational and common facilities associated with the residential development and available only for the use by residents of the development.
(c)
All driveways within the development shall be in conformance with New Jersey Residential Site Improvement Standards.
(3)
Shade trees shall be provided at forty-foot to fifty-foot intervals along the property frontage where existing vegetation is not maintained.
(4)
Buffers separating uses.
(a)
Where the multifamily use adjoins a single-family area, a twenty-foot-deep buffer within the setback area is required on the property being developed.
(b)
Where the multifamily use adjoins a commercial area, a ten-foot-deep buffer within the setback area is required on the property being developed.
(c)
As used herein, the word "adjoin" shall mean not only abutting properties, but properties that would otherwise be adjacent to Lot 1.06, but for the separation of same by a public roadway.
(5)
Enclosures for trash and recyclables.
(a)
Trash enclosures or central trash compaction and recycling areas are required and must comply with the requirements of the Township Code except as modified below.
(b)
Trash enclosures or compactors must be sufficiently sized to contain both trash and recyclable materials. Dumpsters or other trash containers are not permitted to sit in the open any where on the site.
(c)
Trash enclosures or central trash compaction/recycling areas shall be masonry structures or fenced enclosures.
(d)
Trash enclosures shall be a minimum of six feet in height, or higher as needed to shield the enclosure. Landscaping shall also be used in combination with structures to shield the trash and recycling area.
§ 104-49 Rural Residential-5 District.
[Added 12-31-1988 by Ord. No. 1988-14-6; amended 8-22-1989 by Ord. No. 1989-9-7; 8-24-1999 by Ord. No. 1999-5-7; 5-27-2003 by Ord. No. 2003-4-5; 7-19-2004 by Ord. No. 2004-9-6]
A.
Dimensional regulations. Within the Rural Residential-5 District, the following dimensional requirements shall apply:
(1)
Minimum lot size requirement shall be five acres.
(a)
Septic disposal systems. As per N.J.A.C. 7:9A titled "Standards for Individual Subsurface Disposal Systems," all areas or lots with an estimated seasonal high water table of less than two feet or a permeability rate (zone of disposal) of less than 0.2 inch per hour will be determined unsuitable. Therefore, septic systems shall not be permitted on any lot where the seasonal high water table is determined to be at an elevation of less than 24 inches to the surface of the natural grade. Additionally, the grading plan for the building lot shall not exceed a height of fill of 54 inches above the natural grade at the septic system location.
(b)
Community septic systems are prohibited. Two test pits shall be excavated at the proposed septic location.
(2)
Minimum front yard: 125 feet.
(3)
Minimum side yard: 50 feet.
(4)
Minimum rear yard: 100 feet.
(5)
Minimum frontage: 300 feet. The lot depth may not exceed three times the lot frontage. On cul-de-sac lots, the lot depth may not exceed four times the lot frontage.
(6)
Maximum nonfarm building height: 35 feet.
(8)
Impervious coverage ratio (ICR) permitted on any residential lot shall not exceed 20%.
(9)
Crawl space/basement limitations. The crawl space or basement finish floor elevation shall be set a minimum of two feet above the seasonal high water table. The Board may waive this requirement, provided that it can be demonstrated that the water table can be controlled via an underground drainage system. The granting of this waiver shall be conditioned upon the installation of a sump pump and drainage system within each crawl space or basement area. A soil boring witnessed by the Township designee must be conducted by the applicant to determine the seasonal high water table for each proposed dwelling or building.
(10)
Preliminary assessment.
(a)
Requirement. With each application for approval for development, or for any land which is to be transferred or dedicated to the Township, to any governmental agency, to a homeowners' association or to any other entity, for any reasons whatsoever, at the discretion of the Township Committee or the Township Joint Land Use Board, as applicable, the applicant or transferor shall be required to submit a preliminary assessment. The preliminary assessment shall conform to the current American Society for Testing and Materials (hereafter ASTM) standards, as well as N.J.A.C. 7:26E-3.1. A preliminary assessment report must be submitted to the Township Committee or Joint Land Use Board, as applicable, with the application for development, transfer or dedication and include recommendations with respect to the need for further actions to be considered in compliance.
(b)
Proper qualifications. The individual(s) who prepares and conducts the preliminary assessment shall provide a resume or curriculum vitae as part of the preliminary assessment report. Individual qualifications must demonstrate that the persons conducting the preliminary assessment are qualified to conduct such preliminary assessment based on education, previous project experience and the current ASTM standards.
(c)
Preliminary escrow. As part of each application for development, transfer or dedication, if a preliminary assessment is required by the Township Committee or Joint Land Use Board, the applicant shall post an escrow for the Township professionals required to review the preliminary assessment.
(d)
Further requirements. Upon review of the preliminary assessment report, the Township Committee or Joint Land Use Board, as applicable, may require such other studies, tests or environmental remedies as may be determined to be reasonably necessary for the environmental safety and security of the subject site, including but not limited to a preliminary site investigation or other remedies permitted by law.
(11)
Soil and groundwater sampling and testing required; notification.
(a)
The Soil Cleanup Criteria's latest revision and the Groundwater Quality Standards, N.J.A.C. 7:9C, are incorporated herein by reference as if set forth at length. All future amendments of these criteria by the New Jersey Department of Environmental Protection shall be immediately incorporated herein by reference without the need to formally amend this chapter. The Soil Cleanup Criteria and the Groundwater Quality Standards shall be used as screening levels for determining whether additional actions shall be required prior to development.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(b)
Based upon the review of the preliminary assessment report, the Township Committee or Joint Land Use Board, as applicable, may require soil and groundwater testing and sampling as a condition of approval. All property deemed to require soil and groundwater testing as a result of the preliminary assessment shall be the subject of adequate testing protocol in accordance with the New Jersey Department of Environmental Protection's Technical Requirements for Site Remediation, pursuant to N.J.A.C. 7:26E and 7:26E-3.3 to 7:26E-3.13.
(c)
In the event that any contaminations are detected at concentrations that exceed the screening levels set forth in the Soil Cleanup Criteria or the Groundwater Quality Standards, an application for development to the Hainesport Township Committee or Joint Land Use Board, as applicable, shall be required to notify the New Jersey Department of Environmental Protection Technical Requirements for Site Remediation, N.J.A.C. 7:26E. The Township Committee or Joint Land Use Board, as applicable, may require that an applicant for development obtain a site-wide letter of no further action from the New Jersey Department of Environmental Protection of a remedial action work plan where the proposed actions will result in a site-wide letter of no further action, or documentation from the New Jersey Department of Environmental Protection that the property may be developed based on less than complete remediation but based upon a plan approved by the New Jersey Department of Environmental Protection. These investigations and remedial actions shall be conducted and all reports shall be prepared by a qualified environmental professional.
(d)
In the event that any contaminants are detected at concentrations that exceed applicable screening levels and it is planned that the soil and/or groundwater will not be permanently remediated to below the screening levels prior to development, the Township Committee or Joint Land Use Board, as applicable, may require that, as a condition of approval, an applicant for development evaluate the potential health risks posed by the substances detected in concentrations that exceed the screening levels. All property deemed to require this risk evaluation shall be the subject of an adequate evaluation of the potential exposures and the potential effects. A risk evaluation report shall be submitted to the Township Committee or Joint Land Use Board, as applicable, and shall be conducted and the report shall be prepared by a qualified environmental professional.
(e)
Potential buyers of the property for which soil and environmental investigations, remedial actions and risk evaluations are required shall be notified by the applicant for development of the results and findings. This notification is to be included with the sales brochure given to potential buyers. The notification documentation shall be approved by the Township Committee or Joint Land Use Board, as applicable.
(f)
Fill material. If, as part of development, fill soil is to be imported from an off-site source, the fill material shall be uncontaminated pursuant to any applicable remediation standard. Sufficient documentation shall be provided demonstrating that the fill is virgin material from a commercial or noncommercial source or decontaminated recycled soil.
(g)
Qualifications. The individual who prepares or conducts the soil and groundwater sampling, additional investigations, remedial actions, risk evaluation and any of the required reports shall provide a resume of qualifications as part of the required report. Individual qualifications must demonstrate that the persons conducting such tests are qualified to conduct such environmental engineering work based on education, previous project experience and current DEP standards. The contracting laboratory must be certified with the State of New Jersey and possess a valid license from the State of New Jersey.
(h)
Soil and groundwater sampling escrow. As part of each application for development, where required for transfer or dedication, the applicant shall post an escrow for the professionals required by the Township to review the soil and groundwater sampling, additional investigations, remedial actions, risk assessment and any of the required reports.
(i)
Further requirements.
[1]
Any restrictions to use included in a site-wide letter of no further action issued by the New Jersey Department of Environmental Protection must be approved by the Township Committee or Joint Land Use Board, as applicable.
[2]
The Township Committee or Joint Land Use Board, as applicable, may deny an application for development if development may cause an unauthorized discharge of contaminants to soil, groundwater or surface water at concentrations that exceed applicable remediation standards.
[3]
The Township Committee or Joint Land Use Board, as applicable, may deny an application for development if, on the basis of a risk evaluation, it is determined that the development is likely to result in significant adverse health impacts due to the presence of contaminants at concentrations that exceed applicable screening levels.
(12)
Open space. The minimum upland area required shall be consistent with the requirements set forth in § 104-97, Open space and recreation facilities.[2]
[2]
Editor’s Note: Former § 104-49A(13), pertaining to any existing lot, which immediately followed this subsection, was repealed 4-12-2011 by Ord. No. 2011-2-3.
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the Rural Residential-5 District:
(a)
Agricultural uses conforming to the standards of § 104-54F, provided that every building used for keeping of livestock should not be located closer than 50 feet to a public right-of-way or property line.
(b)
Temporary roadside stands for local farm products or local nursery products located a minimum of 50 feet from a public right-of-way or property line.
(c)
Plant nursery.
(d)
Single-family detached dwelling units.
(e)
Accessory uses primarily servicing single-family detached residential dwellings on a lot.
(f)
Municipal buildings and/or uses.
(g)
A church or similar place of worship.
(h)
Temporary storage building (detached).
(i)
Temporary construction buildings.
(j)
Swimming pools as an accessory use to a residential use.
(2)
Conditional uses. The following land uses are hereby established as conditional uses in the Rural Residential-5 District:
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Rural Residential-5 District:
(4)
Nonconforming lot. All lots less than five acres in size shall be nonconforming lots.[4]
[Amended 4-12-2011 by Ord. No. 2011-2-3]
[4]
Editor's Note: Former § 104-49B(5), Percolation requirements, added 8-24-1999 by Ord. No. 1999-5-7, which immediately followed this subsection, was repealed 5-27-2003 by Ord. No. 2003-4-5.
§ 104-50 Accessory Commercial With Residential District.
[Added 12-31-1988 by Ord. No. 1988-14-6; amended 8-22-1989 by Ord. No. 1989-9-7]
A.
Dimensional regulations. Within the Accessory Commercial With Residential District, the following dimensional requirements shall apply:
(1)
Minimum lot size: 20,000 square feet.
(2)
Building coverage limit: 30%.
(3)
Minimum front yard: 50 feet.
(4)
Minimum side yard: 10 feet.
(5)
Minimum rear yard: 20 feet.
(6)
Minimum frontage: 100 feet.
(7)
Maximum nonfarm building height: 50 feet.
(8)
Impervious coverage limit: 80%.
(9)
Minimum vegetated area: 20%.
(11)
Cross easements shall be provided to adjacent lots where designated by the Planning Board to provide safe and efficient circulation between future and existing commercial developments.
(12)
Impervious coverage ratio (ICR). The maximum ICR permitted on any residential lot shall not exceed 25%.
[Added 8-24-1999 by Ord. No. 1999-5-7]
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the Accessory Commercial With Residential District:
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Accessory Commercial With Residential District:
(a)
Hotel and/or motel facilities.
(b)
Wholesale distribution facilities.
(c)
Industrial uses.
(d)
Light manufacturing and assembly.
(e)
Medical, pharmaceutical manufacturing or processing establishments.
(f)
Warehouses.
(g)
Hospitals.
(h)
Single-family attached houses or dwelling units.
(i)
Townhouses.
(j)
Trailers.
(k)
All uses not specifically permitted.
§ 104-51 Business Commercial With Residential Business District.
[Added 12-31-1988 by Ord. No. 1988-14-6; amended 4-12-1994 by Ord. No. 1994-4-3]
A.
Dimensional regulations. Within the Business Commercial With Residential Business District, the following dimensional requirements shall apply.
(1)
Residential development:
(a)
Minimum lot area: 7,500 square feet.
(b)
Building coverage limit: 30%.
(c)
Minimum front yard: 30 feet.
(d)
Minimum side yard: eight feet minimum; 20 feet aggregate.
(e)
Minimum rear yard: 20 feet.
(f)
Minimum lot width: 50 feet.
(g)
Maximum building height: 35 feet.
(h)
Impervious coverage ratio (ICR). The maximum ICR permitted on any residential lot shall not exceed 40%.
[Added 8-24-1999 by Ord. No. 1999-5-7]
(2)
Commercial development:
(a)
Minimum lot area: 15,000 square feet.
(b)
Building coverage limit: 30%.
(c)
Minimum front yard: 30 feet.
(d)
Minimum side yard: eight feet minimum; 20 feet aggregate.
(e)
Minimum rear yard: 20 feet.
(f)
Minimum lot width: 100 feet.
(g)
Maximum building height: 35 feet.
(h)
Impervious coverage limit: 80%.
(i)
Minimum vegetated area: 20%.
(k)
Cross easements shall be provided to adjacent lots where designated by the Planning Board to provide safe and efficient circulation between future and existing commercial developments.
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the Business Commercial With Residential Business District:
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Business Commercial With Residential Business District:
(a)
Hotel and/or motel facilities.
(b)
Wholesale distribution facilities.
(c)
Industrial uses.
(d)
Light manufacturing and assembly.
(e)
Medical, pharmaceutical manufacturing or processing establishments.
(f)
Warehouses.
(g)
Hospitals.
(h)
Single-family attached houses or dwelling units.
(i)
Townhouses.
(j)
Trailers.
(k)
All uses not specifically permitted.
§ 104-52 Special Restricted Commercial District.
[Added 4-12-1994 by Ord. No. 1994-4-3]
A.
Dimensional regulations. Within the Special Restricted Commercial District, the following dimensional requirements shall apply:
B.
Use regulations.
(1)
Permitted uses. The following uses are hereby established as permitted uses in the Special Restricted Commercial District:
(3)
Prohibited uses. The following land uses are hereby established as prohibited uses in the Special Restricted Commercial District:
(a)
Agricultural, poultry and livestock.
(b)
Apartments.
(c)
Institutions.
(d)
Camp/recreational uses.
(e)
Cemeteries.
(f)
Clubs, lodges or social purposes.
(g)
Condominiums.
(h)
Confectioneries or bakery shops.
(i)
Convalescent homes.
(j)
Commercial piggeries.
(k)
Educational, religious.
(l)
Engraving establishments.
(m)
Plumbers and electricians.
(n)
Home occupations.
(o)
Home professional offices or studios.
(p)
Hotels; rooming, boarding or tourist accommodations.
(q)
Laundry or dry-cleaning establishments.
(r)
Light manufacturing and assembly.
(s)
Medical or pharmaceutical manufacturing.
(t)
Mortuaries.
(u)
New auto products and farm equipment agencies.
(v)
Warehouses and indoor storage establishments.
(w)
Personal service shops.
(x)
Philanthropic hospitals.
(y)
Public garages, service stations or parking lots.
(z)
Publishing, printing and engraving establishments.
(aa)
Restaurants, taverns and bars.
(bb)
Retail stores.
(cc)
Sanatoriums.
(dd)
Single-family attached dwellings.
(ee)
Single-family detached dwellings.
(ff)
Swimming pools.
(gg)
Tea rooms and catering establishments.
(hh)
Theaters and places of amusement.
(ii)
Townhouses.
(jj)
Trailers.
(kk)
Wholesale or distribution.