All areas within the boundaries of Hamilton Township have been assigned to a zoning district. Zoning district boundaries established by this chapter are shown upon the Zoning Map, which, together with all explanatory matter thereon, is declared to be a part of this chapter.[1]

The Zoning Maps shall consist of the following:

Unless otherwise shown, the district boundary lines shall be construed to coincide with the center lines of streets, alleys, parkways, waterways and such lines extended.

Where district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the rear or side lines, and where the districts designated on the Zoning Map are bounded approximately by the rear or side lines, the rear or side lines shall be construed to be the boundary of this district unless the boundaries are otherwise indicated on the Zoning Map.

Where a district boundary does not coincide with the location of streets, alleys, waterways, rights-of-way or lot lines, the district boundary shall be determined by the use of the scale shown on the Zoning District Map.

Except in the Pinelands Area, when a lot held in one ownership on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district, except when the district boundary line in question is the Historic District boundary, in which case the entire lot shall be construed to lie within the Historic District.

In the Pinelands Regional Growth Area, when a lot with one ownership on the effective date of this chapter is split between two residential zoning districts (R-9, R-22, GA-L, GA-M or GA-I), the entire lot shall be construed to be within the less restrictive district, except when the district boundary line in question is the Historic District Boundary, in which case the entire lot shall be construed to be in the Historic District.

In the event of subdivided property or questions on the exact location of any boundary line, the determination of the Planning Board shall prevail. (The Board's members will be guided by the narrative description of district boundaries on file in the Clerk's office.)

Establishment of an Official Map. The Township Committee may, by ordinance, adopt or amend an Official Map of Hamilton Township which shall reflect the appropriate provisions of the Municipal Master Plan. The Township Committee may adopt an Official Map or amendment or revision thereto which, in whole or in part, is inconsistent with the appropriate designations in the subplan element of the Master Plan only by an affirmative vote of a majority of its full authorized membership, with the reasons for so acting recorded in the minutes when adopting the Official Map. Prior to the hearing on the adoption of any Official Map or any amendment thereto, the Township Committee shall refer the proposed Official Map for amendment to the Planning Board, which shall make and transmit to the Township Committee within 35 days after referral a report, including recommendations concerning the proposed Official Map or amendment or revision. The Township Committee, when considering the adoption of the map or any revisions or amendments thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Township Committee from the requirements of this subsection in regard to the proposed Official Map or Official Map amendment or revision referred to the Planning Board.

Effect on Official Map.

Variance to permit erection of a building or other structure within reserved public area. Whenever one or more parcels of land, upon which is located the bed of a mapped street or drainageway, flood-control basin or other public area reserved pursuant to Article XII, Subdivision, Site Plan and Conditional Use Approval, on the reservation of public areas, cannot yield a reasonable return for the owner unless a building permit is granted, the Zoning Board of Adjustment may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the Board, erect the issuance of a permit for a building or structure in the bed of such mapped street or public drainageway or flood-control basin or public area which will, as little as practicable, increase the cost of opening such street or tend to cause a minimum change of the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.

Variance for relief to permit erection of a building or other structure which does not abut a street. Where the enforcement of this article requiring that no building permit be issued for any building or structure not abutting a street would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to a street, the Zoning Board of Adjustment may, upon application or appeal, grant a variance from the application of this article and direct the issuance of a building permit for the proposed building or structure. Every such variance shall be so conditioned to assure that adequate access to such building or structure will be provided for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and so as to protect any future street layouts shown on the Official Map or on the general circulation plan elements of the Master Plan.

The Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit.