Hamilton City Zoning Code
ARTICLE XVI
Regulations Applicable to All Districts
§ 203-197 Purpose.
In order to protect the general health, safety and welfare of Hamilton Township residents, the following regulations shall apply.
§ 203-198 Prohibited uses.
[Amended 2-20-1990 by Ord. No. 1019-90; 5-17-1993 by Ord. No. 1148-93; 7-7-1997 by Ord. No. 1261-97; 8-4-1997 by Ord. No. 1280-97; 1-20-2004 by Ord. No. 1485]
The following uses are prohibited in all districts except as otherwise specifically provided below. Without limitation of the following prohibited uses, any use that is not expressly set forth in the specific districts created by the chapter as a permitted or conditionally permitted use therein shall be deemed not to be permitted in each such district.
A.
Automotive salvage yards or outdoor storage of wrecked automobiles or parts thereof.
B.
Mobile homes and occupied residential vehicles, tractor-trailers and/or boats. Those parked or stored at private residences must be in rear or side yards in a manner so as to provide emergency access. In no case shall they be hooked up to utility service. No such prohibited uses shall be stored in common parking areas of apartments, high-rises or townhouses. Notwithstanding the foregoing, a mobile home may be temporarily placed on a lot and occupied under the following circumstances:
(1)
In the event of fire or other casualty to a dwelling unit that renders said dwelling unit uninhabitable, as certified by the Hamilton Township Construction Official, a mobile home, complying with all of the requirements of the BOCA Code of the State of New Jersey, may be located on the property until the dwelling unit is reconstructed, but not for a period in excess of one year, provided that the mobile home is located in compliance with the bulk standards of the zone in which the property is located.
(2)
In the AG, FA-10, FA-25, FA-70, RD1, RD-2.5, RD-4 and RD-5 Districts, an individual property owner may locate a mobile home, complying with all of the requirements of the BOCA Code of the State of New Jersey, on the property while a permanent dwelling is being constructed, provided that:
(a)
The dwelling being constructed shall be the primary residence of the property owner.
(b)
The mobile home shall not be placed on site until all permits for construction of the permanent dwelling have been filed with the Township.
(c)
The mobile home shall not be occupied for a period in excess of one year.
(d)
The mobile home is located in compliance with all applicable setback standards of the zone in which the property is located.
(e)
During the time of occupancy, the mobile home shall be connected to the permanent potable water supply and sanitary waste disposal systems on site.
(f)
The mobile home shall be disconnected from all utilities within 30 days of issuance of a certificate of occupancy for the permanent dwelling.
C.
Boats shall be occupied for no more than 48 hours, and in no case shall they be hooked up to permanent utility services.
D.
The use of any mobile home, travel trailer, tractor-trailer or similar mobile unit used for the sale of goods therefrom while parked for any period of time adjacent to any building; the use of any mobile home, trailer, tractor-trailer, travel trailer or similar mobile unit for storage purposes for a period in excess of one week while parked adjacent to a building.
F.
Any temporary or permanent obstructions at intersections, including the sign triangle thereof.
G.
Any use which includes the storage of gasoline or other petroleum product not permitted in any other section of this chapter.
H.
Any use which includes the manufacturing of acid, cement, lime, gypsum or plaster of paris or other products emitting hazardous elements.
I.
Any use which includes the manufacture or storage of explosives, fat, fertilizer, gas, glue, PBS, asbestos or vinyl chloride, or the reduction of garbage, offal or dead animals.
J.
Any use which involves the smelting of tin, copper, zinc or iron ores.
K.
Any use which, by reason of emissions of odor, dust, gas, smoke or noise, is detrimental to the health, safety or general welfare of the community.
L.
Any use which creates vibration or glare that goes beyond property lines.
M.
Storage of combustible materials for other than on-site use and/or refining of combustible materials.
N.
Campgrounds or campsites not specified in district regulations.
P.
All storage facilities for de-icing chemicals shall be lined to prevent leaking into the soil and shall be covered with an impermeable surface which shields the facility from precipitation.
Q.
No person shall apply any herbicide to any road or public utility right-of-way within Hamilton Township unless necessary to protect an adjacent agricultural activity.
R.
No development shall be carried out in Hamilton Township unless it is designed to avoid irreversible adverse impacts on habitats that are critical to the survival of any local populations of those threatened or endangered animal species designated by the Department of Environmental Protection pursuant to N.J.S.A. 23:2A-1 et seq.
S.
All development or other authorized activity shall be carried out in the Pinelands Area of Hamilton Township in a manner which avoids disturbance to distinct fish and wildlife habitats that are essential to continued nesting, resting, breeding and feeding of significant populations of fish and wildlife in the Pinelands.
T.
No development shall be carried out by any person in Hamilton Township unless it is designed to avoid irreversible adverse impacts on the survival of any local populations of threatened or endangered plants of Hamilton Township designated in N.J.A.C. 7:50-6.27.
U.
The prohibited uses outlined in this section are enforceable to all sections of this chapter and carry the penalties outlined in Article XIX, Review by Other Agencies; Enforcement; Appeals.
V.
In the Pinelands Area, no more than one principal use shall be located on one lot, except for forestry, agriculture, horticulture, fish and wildlife management and recreational development on agricultural lands.
W.
Except as otherwise authorized in this chapter, the extraction or mining of mineral resources in the Pinelands Area, other than sand, gravel, clay and ilmenite, is prohibited.
X.
No motor vehicles shall be operated on public land except as permitted in N.J.A.C. 7:50-b.143(a)2.
Y.
All development shall adhere to the relevant air quality standards of N.J.A.C. 7:27 et seq.
Z.
Asphalt manufacturing.
AA.
Automobile or other vehicular junkyard or graveyard, or any dump or any other establishment for the storage, reduction or deposit of junk or waste materials of any kind.
BB.
The use of radioactive materials, except as incident to a permitted use.
CC.
Explosives manufacturing, including without limitation fireworks, matches, firearms and ammunition, the testing thereof, and the storage or sale of explosives, firearms or ammunition.
DD.
Firing ranges.
EE.
Tank farms or other indoor or outdoor manufacturing, mixing, or storage facilities for any chemicals, toxic, flammable or combustible materials.
FF.
Airports, airfields, aviation fields, landing fields, heliports or any other facility that contains runway(s), hangar(s), or refueling tanks, pumps or equipment for aviation purposes.
GG.
Mining and other excavation facilities.
HH.
Recycling facilities.
II.
Chemical water treatment plants.
JJ.
Private zoos, menageries or any other facilities for the breeding, maturation, boarding or keeping of nondomesticated animals.
KK.
Motor speedways, raceways, race tracks, testing tracks, and similar facilities.
§ 203-199 Nonconforming uses and structures.
A.
The otherwise lawful use of a building or land existing at the time of the adoption of this chapter may be continued, although such use does not conform to the provisions of this chapter, provided that:
(1)
Such use shall not be extended or enlarged without conforming to all regulations of the district in which it is located.
(2)
The existence of a nonconforming use on a part of a lot or tract shall not be construed to establish a nonconforming use on the entire tract or lot.
(3)
Whenever a nonconforming use is discontinued or changes to conforming use, it shall not thereafter be changed back to a nonconforming use.
(4)
Whenever nonconforming structure has been damaged by fire or other causes to the extent of 75% of its market value, as determined by the Tax Assessor, it shall be rebuilt or repaired in conformity with the regulations of the district in which it is located.
[Amended 7-7-1997 by Ord. No. 1261-97]
(5)
If a nonconforming use or structure ceases operation for a period of more than one year, such discontinuance will be considered as evidence of an intent to abandon, and any subsequent use shall conform to the regulations of the district in which it is located, unless adequate proof is established to the contrary.
(6)
Nothing in this article shall be deemed to prevent normal maintenance and repair of any building or the carrying out, upon issuance of a building permit, of major structural alterations or demolitions necessary in the interest of public safety. In granting such a permit, the Construction Official shall state the precise reason(s) to the Board of Adjustment why such alterations were deemed necessary.
(7)
Existing commercial uses located outside the Pinelands area on Route 50 or on C.R. 575 (Somers Point - Mays Landing Road) south of the Atlantic Avenue intersection shall be permitted to expand the existing structure by 100% and continue to operate the use actively in place at the time of adoption of this chapter or a less-intensive commercial use. Such use shall comply with all standards established for permitted uses in the HC District.
(8)
Existing commercial uses located in the Pinelands growth area which are situated on Routes 40, 50 or 322 and which, through passage of this chapter, are nonconforming uses shall be permitted to expand the existing structure or use by 100% and continue to operate the use actively in place at the time of adoption of this chapter or a less-intense commercial use. Such use shall comply with the water quality standards of § 203-186 and all standards established for the HC District.
(9)
Existing commercial uses in a Pinelands-designated rural development, village or forest area and situated on Route 40, 50 or 322 which, through passage of this chapter, are nonconforming uses shall be permitted to expand the existing structure or use by 50% and continue to operate the use actively in place at the time of adoption of this chapter or a less-intense commercial use. Such use shall comply with the water quality standards of § 203-186 and all standards established for the HC District.
B.
Notwithstanding the use restrictions contained in Articles IV through XI and Article XXI, any use existing on January 14, 1981, that is currently nonconforming or any use which was constructed based upon an approval granted pursuant to the Pinelands Comprehensive Management Plan that is currently nonconforming, other than intensive recreational facilities and those uses which are expressly limited in Articles XV through XVI, may be expanded or altered, provided that:
[Amended 8-4-1997 by Ord. No. 1280-97]
(1)
The use was not abandoned or terminated subsequent to January 14, 1981;
(2)
The expansion or alteration of the use is in accordance with all of the minimum standards of this chapter; and
(3)
The area of expansion does not exceed 50% of the floor area, the area of the use or the capacity of the use, whichever is applicable, on January 14, 1981, or which was approved pursuant to N.J.A.C. 7:50-4, Part V.
§ 203-200 Unsafe conditions.
If the Construction Official, upon inspection, determines that an unsafe condition exists with respect to building soundness, he shall notify the owner of his findings and state his reasons and order the condition repaired or, in the case of signs and fences, removed within a reasonable time period.
§ 203-201 Exempted subdivisions.
A.
Any previously approved final subdivision, where a map has been posted and water and sewer are available, shall be exempted from the operation of this chapter for a period of two years from the date of passage and final adoption.
B.
Said exemption shall be granted predicated upon the payment in full of water and sewer fees, payment in full of taxes to date, posting of an acceptable performance guaranty and on the condition that the development causes no condition that will endanger the health, safety or welfare of Hamilton Township.
§ 203-202 Undersized lots of record.
A.
Pinelands Areas. The purpose of recognizing undersized lots of record is to eliminate hardships upon individual landowners in Forest, Rural Development or Agricultural Zoning Districts and unsewered areas of the Regional Growth District in Hamilton Township, as follows:
(1)
Lots between 1.0 and 3.2 acres in size in the FA-10 District and lots of at least one acre in the FA-25, FA-70, RD-2.5, RD-4, RD-5 and Agricultural Districts. Any parcel of land in the areas described herein with less than the required lot area for the respective zoning district, but at least one acre in size, may be developed, provided that the other conditions stipulated herein are met:
[Amended 11-19-2007 by Ord. No. 1613-2007]
(a)
The parcel has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.
[Amended 8-4-1997 by Ord. No. 1280-97]
(b)
The parcel will be utilized for a single-dwelling unit that will be the principal residence of the property owner or a member of the immediate family of the property owner.
[Amended 8-4-1997 by Ord. No. 1280-97]
(c)
The parcel was not in common ownership with any contiguous land on or after February 8, 1979, that contains substantial improvements.
[Amended 8-4-1997 by Ord. No. 1280-97]
(d)
The parcel is located on an accepted township road.
(e)
(f)
The applicant is responsible for providing the documentation indicating ownership and qualification under these provisions as of the date of submission, wherein such documentation shall include recorded and filed deeds and recorded and filed subdivision plats.
(g)
For all development taking place in undersized lots of record, the applicant shall utilize alternate septic systems, approved by the Pinelands Commission, unless the Pinelands Commission authorizes the use of a conventional septic system on the site.
(h)
The parcel includes all vacant contiguous lands in common ownership on or after February 8, 1979.
[Added 8-4-1997 by Ord. No. 1280-97]
(2)
Lots greater than 3.2 acres but less than 10 acres in the FA-10 District shall be permitted to develop, provided that the following conditions are met:
(a)
The parcel of land in question existed as a conforming lot prior to February 8, 1979.
(b)
The parcel is located on an accepted township road.
(c)
The lot was not held in common ownership with adjoining parcels on February 7, 1979, or since that date.
(3)
Lots less than one acre. Owners of parcels of land less than one acre in area shall be permitted to develop single-family dwellings only under the following conditions:
(a)
The applicant shall have received a waiver of strict compliance from the Pinelands Commission pursuant to N.J.A.C. 7:50.
(b)
The parcel of land is located on an accepted township road.
(4)
Single-family dwellings on lots of at least one acre may be permitted in the FA-10, FA-25, FA-70, RD-4, RD-5 and AG Districts, provided that:
[Amended 5-17-1993 by Ord. No. 1148-93; 11-19-2007 by Ord. No. 1613-2007]
(b)
The lot to be developed existed as of February 8, 1979, or was created as result of an approval granted by the Pinelands Development Review Board or by the Pinelands Commission pursuant to the Interim Rules and Regulations prior to January 14, 1981.
(c)
The applicant qualifies for and receives from the township a variance from the three-and-two-tenths-acre lot size requirement set forth in Subsection A(5) below.
(d)
The applicant purchases and redeems 0.25 Pinelands development credit.
(e)
Any Pinelands development credits allocated to the developer are reduced pursuant to § 203-171B(2).
(5)
Single-family dwellings on lots of at least 3.2 acres in the FA-10, FA-25, FA-70, RD-4, RD-5 and AG Districts, provided that:
[Amended 2-19-1991 by Ord. No. 1063-1991; 8-4-1997 by Ord. No. 1280-97; 11-19-2007 by Ord. No. 1613-2007]
(a)
The dwelling unit will be the principal residence of the property owner or a member of the immediate family of the property owner.
(b)
The individual whose principal residence the dwelling unit will be has not developed a dwelling unit under this section within the previous five years.
(c)
The parcel of land on which the dwelling is to be located has been in the continuous ownership since February 7, 1979, of the person whose principal residence the dwelling unit will be, a member of that person's immediate family or a partnership or corporation in which members of that person's immediate family collectively own more than a majority interest in such partnership or corporation.
(d)
The person whose principal residence the dwelling unit will be has resided in the Pinelands for at least five years and that person or one or more members of that person's immediate family has resided in the Pinelands for a total of at least 20 different years.
(6)
Where minimum lot areas are five acres or more for lots of record existing prior to February 7, 1979, in the Pinelands Area of the township, such lots may be used for detached single-family residences and for permitted accessory uses, provided that:
(a)
The lot area is not more than 10% short of minimum requirements.
(b)
The lot is not contiguous to other vacant lot(s) in the same ownership.
(c)
The minimum setbacks are adhered to.
(d)
This section shall not apply to lots of record located within the AG District.
[Added 5-17-1993 by Ord. No. 1148-93]
(7)
In the R-22 Zone, lots of record existing prior to February 7, 1979, may be developed for detached single-family residences and for permitted accessory uses, provided that:
(9)
Existing residential uses on undersized lots in the FA-70, FA-25, FA-10, AG, RD-5, RD-4 or RD-2 District may be expanded by up to 50% of the floor area or may construct accessory structures permitted by right in the district in which the property is located, provided that the setback and lot coverage requirements of Subsection A(1)(e)[2], [3] and [4] are met.
[Added 2-1-1993 by Ord. No. 1140-93; amended 11-19-2007 by Ord. No. 1613-2007]
B.
Non-Pinelands areas. Lot areas shall not be less than one acre, with the minimum setbacks prescribed, except that, if a lot of record prior to adoption of this chapter has less area, frontage, depth or width than herein required, such lot may be used for a detached single-family residence and for such accessory uses permitted in Growth Area - Low Districts (GA-L), provided that:
§ 203-203 Construction trailers, storage trailers and sales trailers.
A.
During the construction of any commercial or industrial development, major subdivision, planned unit residential development or any phase thereof, the developer may be permitted to place a trailer on site to serve as a field construction office. Trailers used for storing contractors' materials and supplies on the construction site of any commercial or industrial development, major subdivision, planned unit residential development or any phase thereof shall be permitted. Sales trailers for any commercial or industrial development, major subdivision, planned unit residential development or any phase thereof shall be permitted under the terms and conditions as approved by the Planning Board as part of site plan and/or subdivision approval. Construction, storage and sales trailers shall be located in compliance with the minimum setback requirements of this chapter. Construction and sales trailers shall be supported and/or anchored as required by the manufacturer's specifications.
B.
Removal of construction, storage and sales trailers.
(1)
Industrial and commercial uses. Prior to the issuance of a certificate of occupancy for any commercial or industrial development or phase thereof, all construction and/or storage trailers shall be removed from the job site, and the area formerly occupied by the trailer(s) shall be landscaped or paved as required on the final site plan.
(2)
Residential. Prior to the issuance of the final certificates of occupancy in a major subdivision or planned unit residential development or phase thereof, all construction and/or storage trailers shall be removed from the job site, and the area formerly occupied by the trailers shall be landscaped or paved as required on the final site plan.
(3)
In the event that a project is abandoned prior to the issuance of a certificate of occupancy, construction and storage trailers shall be removed within 10 days of the date of the abandonment. Failure to remove trailers within this time frame shall result in the imposition of penalties as established in Article XIX, Review by Other Agencies; Enforcement; Appeals.
C.
Applicability. The standards for location and removal of construction and storage trailers established in this section shall apply to both development initiated prior to the adoption of this section and development initiated after that date.
D.
An appropriate performance guaranty for removal and restoration of the site shall be posted in conjunction with any such trailers.