Hampton City Zoning Code
ARTICLE IV
Zoning
§ 157-43 Title.
This article shall be known and may be cited as the "Zoning Article of the Land Development Ordinance of the Borough of Hampton."
§ 157-44 Intent and purpose.
The intent of this article is to provide control over the use of land in the Borough of Hampton based on the revised Master Plan, studies of existing land uses, physical characteristics and the judgment of the Planning Board as to the future growth and development of the Borough of Hampton. Such regulations are enacted in order to promote and to protect the public health, safety, morals, comfort, convenience and the general welfare of the people.
§ 157-45 Zones designated.
[Amended 11-9-1992 by Ord. No. 14-92; 9-22-2008 by Ord. No. 7-08]
The Borough of Hampton is hereby divided into 13 zones, differentiated according to use and building regulations and designated as follows:
RR-5 | Rural Residential Zone — 5A |
R-5 | Residential Zone — 5A |
RR-2 | Rural Residential Zone — 2A |
R-2 | Residential Zone — 2A |
R-1 | Residential Zone — 1A |
RP-1/2 | Residential Professional Zone — 1/2A |
R-1/2 | Residential Zone — 1/2A |
R-1/4 | Residential Zone — 1/4A |
R-1/4 | Residential/Professional Zone |
IR | Light Industry and Research Zone — 5A |
IC | Industrial and Commercial Zone — 1A |
HC | Highway Commercial Zone — 1A |
AH | Affordable Housing Zone |
§ 157-46 Zoning Map.
The location and boundaries of said zones are hereby established on the Zoning Map of the Borough of Hampton, which is attached hereto and made a part of these regulations.[1] All notations, references and designations shown on the Zoning Map shall be as such a part of this chapter as if the same were all fully described and set forth herein.
[1]
Editor's Note: The current Zoning Map is on file in the Borough offices.
§ 157-47 Interpretation of boundaries.
A.
Designation of zone boundaries. The zone boundary lines are intended generally to follow the right-of-way lines of streets, the center lines of railroad rights-of-way, existing lot lines, the high waterline of rivers, streams and other waterways or municipal boundary lines, all as shown on the Zoning Map. Where a zone boundary line does not follow such a line, its position is shown on said Zoning Map by a specific dimension expressing its distance in feet from a street line or other boundary line.
B.
Boundary line to coincide with lot lines. If a zone boundary line falls within 20 feet of a lot line existing at the time of passage of this chapter, then the lot line shall be considered the zone boundary. In the event that a zone boundary is unclear, the Planning Board shall determine its exact location.[1]
§ 157-48 Schedules I and II.
The restrictions and controls intended to regulate development in each zone are set forth in the attached Schedules I and II,[1] which are supplemented by other sections of this chapter.
[1]
Editor's Note: Schedule I is included as § 157-52, and Schedule II is included at the end of this chapter.
§ 157-49 Applicability.
A.
No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone in which such building or land is located.
B.
No building shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located.
C.
No building shall be erected and no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, and building location regulations hereinafter designated for the zone in which such building or open space is located.
D.
No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
§ 157-50 Prohibited uses.
Any use not designated as a principal permitted use, a permitted accessory use or a conditional use is specifically prohibited from any zone in the Borough of Hampton.
A.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] are prohibited, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 6-14-2021 by Ord. No. 06-2021; amended 3-7-2022 by Ord. No. 01-2022]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 157-51 House trailers.
House trailers will be restricted to approved trailer parks. House trailers now on location will be allowed to remain, but if moved they cannot be reestablished except in approved trailer parks.
§ 157-52 Schedule I: permitted uses.
A.
RR-5 Rural Residential Zone. This area of the Borough is of major concern because it is the source of the local water supply and is virtually undeveloped. The town well and the prime aquifer recharge area are located here over a geological formation susceptible to groundwater contamination. The area also contains much of the Borough's prime agricultural soil. Improper development in this area would strain the Borough's natural resources and the capacity of its traffic network. Within the RR-5 Zone, the following uses shall be permitted:
(1)
Principal permitted uses shall be as follows:
(a)
One-family detached dwellings.
(b)
Clustered developments with a maximum density of one unit for every 2.5 acres.
(c)
Any form of agriculture or horticulture, provided that the landowner qualifies for farmland assessment, including the storage, processing and sale of farm products.
(d)
Churches, municipal structures, private or public schools, public parks, public or private golf courses and essential services.
(e)
Home occupations.
(2)
Permitted accessory uses shall be private garages and other accessory uses and structures customarily incident to a principal permitted use.
B.
R-5 Residential Zone. This residential zone is designed to preserve and protect watershed and conservation areas and those portions of the Borough with steep topography, poor drainage and lack of accessibility. Within the R-5 Zone, the following uses shall be permitted:
C.
RR-2 Rural Residential Zone. This area of the Borough is relatively undeveloped, with an abundance of open space that the Borough would like to preserve by permitting the developer to cluster. Within the RR-2 Zone, the following uses shall be permitted:
(1)
Principal permitted uses shall be as follows:
(a)
One-family detached dwellings.
(b)
Clustered developments with a maximum density of one unit for every one acre.
(c)
Any form of agriculture or horticulture, provided that the landowner qualifies for farmland assessment, and including the storage, processing and sale of farm products.
(d)
Churches, municipal structures, private or public schools, public parks, public or private golf courses and essential services.
(e)
Home occupations.
(2)
Permitted accessory uses shall be private garages and other accessory uses and structures customarily incident to a principal permitted use.
D.
R-2 Residential Zone. The primary limiting factor in this part of the Borough is the presence of clayish soil which inhibits the functions of septic systems. Within the R-2 Zone, the following uses shall be permitted:
(1)
Principal permitted uses shall be as follows:
(a)
One-family detached dwellings.
(b)
Any form of agriculture or horticulture, provided that the landowner qualifies for farmland assessment, and including the storage, processing and sale of farm products.
(c)
Churches, municipal structures, private or public schools, public parks and essential services.
(d)
Home occupations.
(2)
Permitted accessory uses shall be private garages and other accessory uses and structures customarily incident to a principal permitted use.
E.
R-1 Residential Zone. The natural resource inventory maps depict very tight clayish soils running in the subsoils of much of the undeveloped section. Within the R-1 Zone, the following uses shall be permitted:
(1)
Principal permitted uses shall be as follows:
(a)
One-family detached dwellings.
(b)
Churches, municipal structures, private or public schools, public parks and essential services.
(c)
Home occupations.
(d)
Any form of agriculture or horticulture, provided that the landowner qualifies for farmland assessment, and including the storage, processing and sale of farm products.
(2)
Permitted accessory uses shall be private garages and other accessory uses and structures customarily incident to a principal permitted use.
F.
RP-1/2 Residential Professional Zone. This area of the Borough is substantially developed, with an existing land use pattern of one-half-acre minimum lots. The current designation of this section has been expanded to includes certain professional uses, such as medical-, legal- and engineering-type services. Within the RP-1/2 Zone, the following uses shall be permitted:
G.
R-1/2(a) Residential Zone. This section of the Borough, located south of Route 31, is substantially developed into one-half-acre residential units that should be continued. Within the R-1/2(a) Zone, the following uses shall be permitted:
(1)
Principal permitted uses shall be as follows:
(a)
One-family detached dwellings.
(b)
Home occupations.
(c)
Any form of agriculture or horticulture, provided that the landowner qualifies for farmland assessment, including the storage, processing and sale of farm products.
(d)
Churches, municipal structures, public or private schools, public parks and essential services.
(2)
Permitted accessory uses shall be private garages and other accessory uses and structures customarily incident to a principal permitted use.
H.
R-1/2(b) Residential Zone. This section of the Borough, located north of Route 31, is substantially developed into one-fourth-acre lots. However, due to the high density and the tight clay soils, development on one-half-acre lots should be maintained. Within the R-1/2(b) Zone, the following uses shall be permitted:
I.
R-1/4 Residential Zone. This section of the Borough is substantially developed into one-fourth-acre lots and should continue. Within the R-1/4 Zone, the following uses shall be permitted:
J.
R-1/4 Residential/Professional Zone. This section of the Borough is substantially developed on small lots. It is, however, suitable for uses other than solely residential.
[Added 9-22-2008 by Ord. No. 7-08[1]]
K.
IC Industrial and Commercial Zone. This area of the Borough is presently in industrial and commercial use and should continue with that designation on a one-acre minimum lot size.
(1)
Principal permitted uses shall be retail business, personal service and business and professional service establishments, such as but not limited to antiques, grocery stores, drugstores, hardware stores, card and stationery stores, candy stores, barber- and beauty shops, bookstores, dry goods and variety stores, jewelry stores, eating and drinking places, florists, offices, banks, photography stores, radio and television repair shops, appliance stores, wearing apparel stores and manufacturing, processing or fabricating operations which meet the performance standards contained in Article V, provided that all operations and activities, except parking, loading and unloading, are carried on within enclosed buildings.
(2)
Permitted accessory uses shall be the same as all accessory uses permitted in the IR Zone.
(3)
Prohibited uses shall be the same as the prohibited uses in the IR Zone.
L.
HC Highway Commercial Zone. The Highway Commercial Zone is designated to accommodate the uses appropriate for major roads and/or which depend on transient trade as a major source of patronage. It is also the primary commercial district in the Borough and is designed to serve the everyday convenience goods needs of the residents of the Borough.
[Added 12-11-2006 by Ord. No. 13-06; amended 9-22-2008 by Ord. No. 7-08]
(1)
Subject to the exclusions and conditions set forth in Subsection L(3) and (4), the principal permitted uses shall consist of retail, office and service establishments substantially similar to the following:
Accountants | |
Antiques stores | |
Apparel stores | |
Appliance stores | |
Art and hobby supply stores | |
Auto repair shops | |
Auto supply stores | |
Bait shops | |
Bakeries | |
Banks | |
Barbershops | |
Beauty parlors | |
Bicycle repair shops | |
Bicycle sale shops | |
Car dealerships with showroom | |
Convenience stores | |
Dentists | |
Dry cleaners | |
Electricians | |
Electronics sales stores | |
Exterminators | |
Financial consultants | |
Five & dime, dollar stores and similar variety-type stores | |
Florists | |
Funeral homes | |
Furniture stores | |
Gasoline service stations | |
General business offices | |
Gift shops | |
Grocery stores | |
Gun stores and gunsmiths | |
Hardware stores | |
Home furnishings stores | |
Jewelry stores | |
Landscapers | |
Lawyers | |
Liquor stores | |
Medical and veterinary facilities | |
Medical supply stores | |
Motels and hotels | |
Office supply stores | |
Personal-care-products stores | |
Pet stores | |
Pharmacies and drugstores | |
Photography studios | |
Photo supply stores | |
Physicians | |
Plumbers | |
Plumbing and heating supply stores | |
Postal and delivery services | |
Print shops | |
Produce stores | |
Restaurants | |
Retail nurseries | |
Sporting goods stores | |
Stationery stores | |
Taxidermists | |
Tobacconists | |
Veterinarians |
(2)
The following are also principal permitted uses in this zone: art galleries, private specialty schools (e.g., art, dance, martial arts, etc.), diet clinics, day-care centers and emergency-service facilities.
(3)
Drugstores and banks shall be permitted to have drive-through facilities. Except for plants, bushes and other vegetative products, all merchandise shall be housed within a structure or behind a suitable fence or other screening. Signs are permitted as provided in Article V.
(4)
Retail establishments may sell a mix of products as long as such products are customarily sold from a single location or are complementary in nature.
(6)
Permitted conditional uses in this zone shall be as follows: quasi-public social and fraternal clubs, convalescent centers and nursing homes, community centers and laundromats.
(7)
Prohibited uses shall consist of massage facilities and rehabilitation facilities for substance abuse. The use of a single lot for both retail and residential use is also prohibited.
M.
IR Light Industry and Research Zone. This section of the Borough consists of a large corridor of land which parallels the railroad and is designed to accommodate light industry and research on a minimum of five-acre lots.
(1)
Principal permitted uses shall be manufacturing, processing or fabricating operations which meet the performance standards contained in Article V, provided that all operations and activities, except parking, loading and unloading, are carried on within enclosed building.
(3)
Prohibited uses shall be residences, retail uses, junkyards, manufacture of dynamite, gunpowder or explosives, blast furnaces, refineries and bulk petroleum storage as defined as follows: petroleum refining and bulk storage of refining products and raw materials in tanks for resale or distribution for resale, and shall not be inventoried in tankage of a capacity of more than noted below. This prohibition does not prohibit a common tank from being the source of supply to a multifunction operation carried on by a common owner and accounted for or charged for on a user basis for the owner's internal cost control, except that the maximum capacity of a common tank shall be 15,000 gallons.
§ 157-53 AH Affordable Housing Zone.
[Added 8-13-1984; amended 8-15-1988 by Ord. No. 13-88; 11-9-1992 by Ord. No. 14-92; 7-11-2016 by Ord. No. 03-2016]
A.
Purpose. The intent of this district and Article XI is to provide a realistic opportunity for the construction of a variety of housing types in the Borough and to provide for the construction of a set aside of 13.5% of low- and moderate-income households on the Haberman property, Block 23, Lot 1 and Block 24, Lot 2, by providing specific land use regulations addressing those needs. These regulations are designed to meet the mandate of Mount Laurel II. In accordance with the requirements of the Municipal Land Use Law as interpreted in Pizzo-Mantin v. Randolph Township, 137 N.J. 216 (1994), site plan and subdivision applications shall be reviewed solely for compliance with the standards contained in these amended AH Zone regulations as adopted by Ordinance No. 16-_____ on June 27, 2016[1] and Article III (Subdivision) or Article V (Site Plan), except for such sections as may be made not applicable by these amended AH Zone regulations.
[1]
Editor's Note: So in original. These amended regulations were adopted 7-11-2016 by Ord. No. 03-2016.
B.
Application procedure.
(1)
The applicant shall submit required plans and documents to the Planning Board for review and approval. The Planning Board shall distribute the plans to those agencies required by law to review and/or approve development plans and to Borough agencies which normally review development plans.
(2)
Within 30 days of a submission of an application for development in this zone, the Planning Board will either determine the application complete or render a detailed report identifying the specific deficiencies that must be addressed prior to the start of the hearing process. Upon a determination of completeness or a failure to issue a completeness determination within the thirty-day period, the Planning Board shall schedule and hold a hearing on the application within 45 days.
C.
Use regulations. Permitted principal and accessory uses shall be as follows:
(1)
Residential development at a maximum net density of 10 dwelling units per acre, including any combination of multifamily, townhouses, other attached units, single-family detached and two-family dwellings shall be permitted, provided that:
(a)
The maximum gross density does not exceed 2.4 dwelling units per acre, but in no event shall the total number of housing units in the AH Zone exceed 333 units.
(b)
A total of 13.5% of the housing units shall be affordable to low- and moderate-income households in accordance with applicable Council on Affordable Housing regulations or case law requirements.
(c)
The mix of permitted building types (multifamily, townhouse, and other attached, single-family detached and two-family dwellings) shall be at the discretion of the applicant. Supportive and special-needs housing for the developmentally disabled shall also be a permitted residential use.
(d)
Six thousand square feet of commercial/retail uses shall be permitted in accordance with the requirements of the HC Zone.
D.
Schedule of area and bulk requirements for multifamily, townhouse and other attached dwellings in the AH Zone.
(1)
Building spacing.
(b)
Upon request, the Planning Board shall reduce the above distances by up to 1/3 if there is an angle of 20° or more between buildings and if landscaping or buffers are placed between buildings.
(c)
Any building wall to internal street right-of-way: 10 feet.
(d)
Any building wall to collector street right-of-way: 40 feet.
(e)
Any building wall to arterial street right-of-way: 50 feet.
(f)
Any building wall to parking area curbs: 10 feet.
(2)
Minimum off-street parking requirements: as per RSIS, N.J.A.C. 5:21-1 et seq.
(3)
The maximum number of dwelling units per structure shall not exceed 48.
(4)
The maximum length of a residential structure shall not exceed 280 feet.
(5)
The maximum building height shall be the greater of 3 1/2 stories or 35 feet. Building height shall be measured from post-construction grade to the midpoint of the building eave.
E.
Schedule of area and bulk requirements for single-family detached and two-family dwellings in the AH Zone.
Detached Single-Family Residential Dwellings | Two-Family Dwellings | |
|---|---|---|
Minimum lot size | 5,000 square feet | 2,500 square feet per dwelling unit |
Minimum lot width | 50 feet | 25 feet |
Minimum lot depth | 100 feet | 100 feet |
Minimum yard setback: principal building | ||
Front | 20 feet | 20 feet |
Side, one | 5 feet | 0 feet |
Side, other | 5 feet | 5 feet |
Rear | 15 feet | 20 feet |
Minimum yard setback: accessory structure | ||
Side, one | 5 feet | 0 feet |
Side, other | 5 feet | 5 feet |
Rear | 5 feet | 5 feet |
Maximum permitted height: principal building | ||
Stories | 2 1/2 | 2 1/2 |
Feet | 35 | 35 |
Maximum permitted height: accessory structure | ||
Stories | 1 | 1 |
Feet | 10 | 10 |
Parking (as per RSIS, N.J.A.C. 5:21-1 et seq.) | ||
Two-family dwellings may be constructed in either the duplex-dwelling or twin-dwelling form |
F.
Open space. At least 45% of the entire development tract must be dedicated irrevocably as open space or common open space or utilized for agriculture. No on-site recreational facilities or contributions to off-site facilities shall be required, but recreational and community facilities and structures may be included within said area at the developer's option. Utilities, access roads, and stormwater basins/facilities may be located within open space areas.
G.
Engineering and construction design.
(1)
Drainage: as per RSIS, N.J.A.C. 5:21-1 et seq. and stormwater management rules, N.J.A.C. 7:8-1.1 et seq. The provisions of Article VII shall not apply.
(2)
Lighting.
(a)
Streetlighting shall be provided for all street intersections and along all collector and local streets, parking areas, and anywhere else deemed necessary for safety reasons.
(b)
Any outdoor lighting, such as building and sidewalk illumination, driveways with no adjacent parking, the lighting of signs and ornamental lighting, shall be shown on the lighting plan in sufficient detail to allow a determination of the effects upon adjacent properties, roads, and traffic safety from glare, reflection, and overhead sky glow in order to recommend steps needed to minimize these impacts.
(c)
Specific lighting requirements. The maximum intensity of lighting permitted on roadways shall be as follows:
Type of Roadway | Average Maintained Horizontal Illumination for Residential Areas (footcandles) |
|---|---|
Collector | 0.6 |
Local | 0.4 |
(3)
Sanitary sewers. The developer shall design and construct such facilities in accordance with New Jersey Department of Environmental Protection permit requirements and in such manner as to make adequate sewage treatment available to each lot and structure within the development. When said treatment and collection system is included as part of a development application, the developer shall install sewers, including connections to each home to be constructed.
(4)
Street standards. RSIS, N.J.A.C. 5:21-1 et seq. shall govern.
(5)
Carbonate rock. The following design and construction techniques will be utilized in carbonate rock geology:
(a)
Areas with sinkholes or which are susceptible to sinkhole formation should be improved with construction techniques recommended by a qualified professional engineer. Examples of such techniques include excavation and placement of grout or grade filler, deep dynamic compaction and piping of grout to fill voids.
(b)
Storm drain pipes shall be constructed with water-tight gaskets to prevent leakage. Roof drains shall be piped and directed to the storm system in sealed pipes or discharged to an impervious male to prevent recharge. Clean crushed stone should not be used as pipe bedding and utility backfill should consist of silty and clay-like soils.
(c)
During construction, the site shall be graded to divert water runoff away from construction areas. Installation of the storm drainage system in the early stages of construction is necessary and any temporary swales shall be properly graded to prevent water from ponding. Permanent swales shall be lined with impervious materials to prevent recharge and construction excavations shall be dewatered promptly.
(d)
Where necessary, buildings shall be designed to be supported by reinforced foundations which can temporarily span a predetermined loss of support should ground subsidence occur. Pile foundation systems may be used to bypass poor soils or voids in the subsurface.
H.
Resource protection standards.
(1)
Freshwater wetlands, wetlands transition areas, state open waters, flood hazard areas, riparian zones and well-head protection areas shall be protected pursuant to NJDEP regulations and permit programs.
(2)
Water supply. Water mains shall be constructed in such a manner as to make adequate water service available to each lot or building within the development. The system shall be designed and constructed in accordance with the requirements and standards of the agency or authority having water supply jurisdiction.
I.
Waivers. Notwithstanding any provisions set forth elsewhere in this section, the Planning Board may waive any engineering and construction design requirements contained in this section in order to achieve the objectives of the AH Zone, provided that the Planning Board is satisfied that such a waiver does not jeopardize the public health and safety.
J.
Contrary to Hampton Borough Code § 157-8, no appeals of any approval in the AH Zone shall be filed with or heard by the Borough Council. Appeals shall be filed only with the Law Division of Superior Court.
O.
In lieu of § 157-30, the requirements of the Hunterdon County Soil Conservation District shall apply.
P.
In lieu of §§ 157-32, 157-33, and 157-73, posting of a performance guarantee in the form required by the RSIS shall be a condition of final approval, said guarantee to be posted immediately prior to any pre-construction meeting. In lieu of § 157-34, a maintenance guarantee pursuant to the requirements of the Municipal Land Use Law[2] shall be posted.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
§ 157-54 Lot requirements.
A.
Lot frontage at property line. The minimum lot frontage required at the property line and setback line shall be maintained for an additional 40 feet toward the rear line of the lot.
B.
Corner lots. At all road intersections no obstruction to vision exceeding 30 inches in height above the established grade of the road at the property line shall be erected or maintained on any lot within the triangle formed by the street lot lines of such lot and a line drawn between points along such road lot lines 50 feet distant from their point of intersection.
C.
Building lot to abut street.
(1)
No permit for the erection of any building or structure shall be issued unless the lot abuts a street giving access to such proposed building or structure. Such street shall have been duly placed on the Official Map or shall be:
(a)
An existing state, county or municipal street or highway;
(b)
A street shown upon a plat approved by the Planning Board; or
(c)
A street on a plat duly filed in the office of the county recording officer prior to the passage of an ordinance under this chapter or any prior law which required prior approval of plats by the governing body or other authorized body.
(2)
Before any such permit shall be issued, such street shall have been certified to be suitably improved to the satisfaction of the governing body or such suitable improvement shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the governing body, as adequate in respect to the public health, safety and general welfare of the special circumstance of the particular street.
D.
Lot area computation. On an existing road, lot area shall be measured from the right-of-way line. In the event that the road is proposed to be widened, the lot area shall be measured from the new right-of-way line unless the property owner does not own any additional land; then the area encompassed by the old right-of-way and new right-of-way may be included in the lot area computation.
§ 157-55 Height restriction exceptions.
Height limitations stipulated elsewhere in this chapter shall not apply to farm buildings, church spires, belfries, cupolas and domes, chimneys, flag poles and radio and television antennas.
§ 157-56 Number of buildings limited.
There shall not be more than one principal dwelling structure and two accessory structures, including a private garage, on each lot in any R Zone, except as follows:
A.
The limit on accessory structures shall not apply to farm and agricultural uses.
B.
Two additional accessory structures may be permitted on three-acre parcels.
C.
Three additional accessory structures may be permitted in five-acre parcels.
D.
One additional accessory structure may be permitted for each five acres over the first five acres.
§ 157-57 Existing lots of record.
A.
Lot in single ownership on a private street. Notwithstanding any other requirements contained in this chapter, an owner of a single lot of record containing at least one acre and existing at the time of passage of this chapter may construct upon that lot a single-family structure, provided that the owner does not own any adjacent property which would tend to make said lot a conforming lot. Said lot shall front upon a right-of-way sufficient to provide access to the lots for emergency equipment. All yard and setback requirements of the R-1 Zone shall be complied with.
B.
Subdivisions previously approved. Notwithstanding any other requirements contained in this chapter, an owner or a developer of a subdivision in any zone previously approved by the Planning Board at the time of passage of this chapter may sell or construct upon the lots single-family structures, provided that said lots contain existing Borough, county or state roads or the owner will construct a road meeting Borough standards. Before any lot is sold or before construction takes place, the Planning Board shall first determine that said lots were part of a subdivision approved by the Planning Board prior to the enactment of this chapter. All yard and setback requirements of the R-1 Zone shall be complied with.
§ 157-58 New lots.
A.
All zones. Subdivision of any land in any zone shall meet all requirements set forth in Schedules I and II[1] and elsewhere in this chapter. Such lots shall front upon rights-of-way of at least 50 feet with an improved surface meeting standards of the Borough Road Ordinance.
[1]
Editor's Note: Schedule I is included as § 157-52, and Schedule II is included at the end of this chapter.
B.
Flag lots. Subdivision of land not presently fronting on a Borough, county or state road may be approved by the Planning Board, provided that the following standards are met:
(1)
The minimum size of lot must comply with the respective zone, (exclusive of area of private fifty-foot access road).
(2)
The minimum distance between principal structure and property lines must comply with respective zone requirements.
(3)
The minimum width of access private road right-of-way shall be 50 feet.
(4)
No flag lots shall be permitted off culs-de-sac.
(5)
No structure, septic systems or other obstructions shall be placed wholly or partially in an access strip.
(6)
Each flag lot shall have its own access strip.
(a)
If the applicant for subdivision under this section has access to a Borough, county or state road over an existing driveway and does not have a fee simple title interest to the land on either side of the driveway to enlarge the width of the access to 50 feet, then said driveway or right-of-way shall not be less than 12 feet wide for only that portion of the access private road.
(b)
All private access roads to be created shall connect with the parcel proposed to be subdivided and a Borough or county road.
(c)
Each flag lot created pursuant to this chapter shall have its own private access road in accordance with the standards expressed herein.
(d)
After the approval of subdivision creating a new flag lot and prior to the granting of a building permit, the private access road providing access from the lot to the Borough, county or state road shall be improved and be capable of providing access to the lot for emergency vehicles and equipment under all weather conditions.
C.
Lots abutting streams. No structure shall be erected closer to an existing stream, river or watercourse than a distance of 10 feet for each foot of stream width measured from the center of the stream to the mean high water mark or as required for front, side and rear setbacks, whichever is greater.
D.
Maximum length and number of lots on private roads. No private road shall be greater in length than 500 feet, and not more than three building lots may be subdivided off a private road. No private road can be extended by the lengthening thereof.
E.
Upgrading of roads. Where drainage problems, adverse site conditions or area planning considerations are determined by the Planning Board to render inadequate any private road construction proposed by the applicant, the Planning Board shall require road construction in accordance with the classification appropriate to meet existing or contemplated future conditions.
§ 157-59 Accessory uses and structures.
A.
Accessory structures in residential zones. Accessory structures which are not attached to a principal structure may be erected in one of the side yards or within the rear yard, except on the street side of a corner lot, provided that:
(1)
Accessory structures are not located closer to any lot line than is permitted for any principal structure within the zone in which it is located. Accessory buildings, such as tool sheds, with less than 50 square feet of enclosed area may be erected not closer than 10 feet to the rear or side lot line in the rear yard.
(2)
No accessory structure is located closer to the road right-of-way than the required front yard setback of the principal structure.
(3)
No portion of any accessory structure shall be used for living quarters.
(4)
When an accessory structure is attached to the principal building, it shall be considered as a part of the principal building, and it shall comply in all respects with the requirements of this chapter applicable to the principal building.
(5)
The maximum height of any accessory building except as part of a farming operation shall be 15 feet.
(6)
The maximum square foot area of all accessory buildings shall not exceed the following limits:
Size of Parcel (acres) | Maximum Area (square feet) | |
|---|---|---|
Up to and including 2 | Up to 900, but not to exceed area of principal building, whichever is less | |
5 (residential) | 2,000 | |
Greater than 5 | 3,150 | |
Each additional acre | 450 |
(7)
Notwithstanding any of the provisions noted above, the maximum building area noted under Schedule II[1] shall not be exceeded by any principal and accessory buildings and structures.
[1]
Editor's Note: Schedule II is included at the end of this chapter.
B.
Swimming pools, tennis courts and similar recreational facilities in residential zones. Except for portable swimming pools less than three feet in height and less than 10 feet in length or diameter, the following regulations shall apply to permanent and portable swimming pools, tennis courts and similar recreational facilities accessory to a residential use:
(1)
Said use shall be erected on the same lot as principal structure.
(2)
Said use may be erected in the side and/or rear yard of such lot and shall be located no closer than the minimum setback requirements for principal buildings.
(3)
Said use shall be appropriately screened or fenced so as not to be an attractive nuisance or adversely affect adjoining properties.
(4)
Said uses shall not contain any external lights which would extend the hours of operation unless the location and type of lighting is approved by the Planning Board as part of site plan approval.
(5)
Said use shall meet all applicable codes and ordinances of the Borough of Hampton and any regulations of a county or state agency.
C.
Accessory structures in other zones.
(1)
In any nonresidential zone, no accessory structure or use shall be located closer to any lot line than is permitted for a principal structure within the zone in which it is located.
(2)
In any nonresidential zone, all accessory structures shall be located at a distance from the principal structure as determined by the Planning Board as part of site plan review.
(3)
In any nonresidential zone, no accessory structure shall be located closer to the road right-of-way than the required front yard setback of the principal structure, except that the Planning Board may permit accessory structures, such as gatehouses, to be located within the front yard setback as part of the site plan approval.
(4)
When an accessory structure is attached to the principal building in all nonresidential zones, it should be considered as part of the principal building and shall comply in all respects with the requirements of this chapter applicable to the principal building.
D.
Fences or walls. Fences or walls in excess of 18 inches in height shall be considered as accessory uses to a principal permitted use and are permitted in all zones in accordance with the standards set forth below, except that farms are exempt from the following regulations.
(1)
The type of fence or wall shall be as follows:
Degree of Transparency* | |||
|---|---|---|---|
Use | Solid (50% or more) | Semitransparent (25% to 50%) | Transparent (Up to 25%) |
Entrance | Solid picket | 1 x 2 wood screen | |
Board | Contemporary | ||
Board and batten | Picket | ||
Louver panel | Cinder or concrete block | ||
Staggered board | |||
Panel | |||
1 x 4 wood screen | |||
Brick | |||
Outdoor room | Solid picket | 1 x 2 wood screen | |
Board | Contemporary | ||
Board and batten | Picket | ||
Louver panel | Cinder or concrete block | ||
Staggered board | |||
Panel | |||
1 x 4 wood screen | |||
Brick | |||
Protection | Solid picket | 1 x 2 wood screen | Hedge |
Staggered board | Contemporary | Split rail | |
Board and batten | Picket | Contemporary | |
1 x 4 wood screen | Picket | Rail | |
Brick | Cinder or concrete block | Rail and wire mesh |
*NOTE: "Transparency" is defined as the total area of solid elements divided by the total area of fence. Translucent, transparent or clear plastic or similar materials shall be considered as solid elements. |
(2)
The maximum height and location shall be as follows:
Type of Fence | Maximum Height (feet) | Location | |
|---|---|---|---|
All | 4 | Rear building line of principal structure to minimum required side yard or rear yard setback line | |
Solid | 4 | Rear building lot of principal structure | |
Semitransparent | 4 | Front building line to side and rear property lines | |
Transparent | 4 | On property line |
(3)
General regulations on fences and walls.
(a)
Corner lots. On corner lots, no wall or fence shall be located closer than the required front yard setback for that zone from any street right-of-way line for that zone.
(b)
Obstruction to vision. No fence or wall shall be so constructed or installed so as to constitute a hazard to traffic or safety.
(c)
Security fences. Security fences up to eight feet high shall be permitted in any industrial zone upon proper application to the construction official.
(d)
Hedges shall be exempt from the height limitations of this section but shall not be located so as to conflict with Subsection D(3)(b) above.
(e)
The face or finished side of a fence or wall shall face the adjacent property.
§ 157-60 Conditional uses.
A.
General requirements.
(1)
Conditional uses, as enumerated in Schedule I, § 157-52, shall be permitted only after review and approval by the Planning Board, provided that such uses shall be found to comply with the following requirements and other applicable requirements as set forth in this section:
(b)
That the use is so designed, located and proposed to be operated that the public health, safety, welfare and convenience of the citizens will be protected.
(c)
That adequate landscaping and screening is provided.
(d)
That adequate off-street parking and loading is provided and ingress and egress so designed as to cause minimum interference with the traffic on abutting streets.
(e)
That existing and proposed utility systems are adequate.
(2)
In addition to the above requirements, the Planning Board in reviewing any conditional use shall consider the following:
(a)
Impact of any additional noise, traffic, odors, air pollution and similar factors on the immediate area and neighborhood.
(b)
Accessibility of the lot in terms of transportation and circulation patterns.
(c)
Environmental factors.
(d)
Visual and aesthetic impacts.
(e)
Adequacy of existing and proposed utility and drainage systems.
(3)
The Planning Board shall not approve a conditional use unless it finds that the use meets all the requirements of this chapter, does not substantially impair the use and enjoyment of surrounding properties and does not substantially impair the character of the surrounding area.
B.
Specific requirements for conditional uses.
(3)
Home occupations.
(a)
Permitted home occupations in any R Zone. The following home occupations shall be permitted in all R Zones: dressmaker, seamstress, gunsmith, beautician, licensed professional, tax preparer and other customary home businesses.
(b)
Requirements for home occupations shall be as follows:
[1]
Such use shall be clearly accessory to the principal use of the structure.
[2]
Such home occupation shall be conducted solely by the owner or tenant residing on the premises or members of his or her immediate family residing on the premises.
[3]
Not more than 25% of the total living area of the dwelling unit shall be used for the home occupation.
[4]
Not more than two nonresident employees shall be permitted.
[5]
Such use shall be conducted solely within the principal structure or an accessory structure.
[6]
One sign, not exceeding four square feet, shall be permitted indicating the name and home occupation of the occupant.
§ 157-61 Performance standards for nonresidential uses.
A.
Application of regulations.
(1)
As a condition of approval and the continuance of any use, occupancy of any structure and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the Planning Board or to its designated representative, that the proposed use, structure, process or equipment will conform fully to all of the applicable performance standards. As evidence of compliance, the Board may require certification of tests by appropriate government agencies or by recognized testing laboratories, any costs thereof to be borne by the applicant. The Planning Board may require that specific types of equipment, machinery or devices be installed or that specific operating procedures or methods be followed if the government agencies or testing laboratories examining the proposed operation shall determine that the use of such specific types of machinery, equipment, devices, procedures or methods is required in order to assume compliance with the applicable performance standards. Permits and certificates required by other proof of compliance with applicable codes.
B.
Conditional permit.
(1)
In the event that a determination cannot be made at the time of application that a proposed use, process or place of equipment will meet the standards established in this section, the Planning Board may authorize the issuance of a conditional permit. The conditional permit would be based on submission of evidence that the proposed use, process or equipment will meet the standards established herein after completion or installation and operation.
(2)
Within 30 days after a certificate of occupancy is granted, a final permit shall be applied for and satisfactory evidence submitted that all standards established by this section have been met.
C.
Regulation of nuisance elements.
(1)
Definition of nuisance elements. A "nuisance element" is any noise, radioactivity, vibration, glare, smoke, odor, air pollution or/and dust which exceeds the performance standards established under this section.
(2)
Locations where determinations are to be made or enforced; enforcement of performance standards. The determination of the existence of nuisance elements shall be made at the following locations:
Nuisance Characteristics | Industrial Zone | Neighborhood Business Zone | Highway Commercial Zone | |
|---|---|---|---|---|
Smoke | Vent or smokestack | Vent or smokestack | Vent or smokestack | |
Solid particles | Vent or smokestack | Vent or smokestack | Vent or smokestack | |
Odors | Required setback lines | Property line | Zone line | |
Liquid wastes | Building wall | Property line | Property line | |
Solid wastes | Building wall | Required setback lines | Required setback lines | |
Radiation | Vent or smokestack | Vent or smokestack | Vent or smokestack | |
Noise | Required setback lines | Property line | Zone line | |
Vibration | Building wall | Property line | Property line | |
Glare | Building wall | Building wall | Required setback lines | |
Heat* | Vent or smokestack/ property line | Vent or smokestack/ property line | Vent or smokestack/ property line |
*NOTE: For heat, measurement shall be made at the vent or smokestack for heated air and at the property line for heated liquid or solid discharge. |
(3)
Continued compliance. Continued compliance with the performance standards stated herein shall be a requirement for the continued occupancy of any structure or the operation of any process or equipment.
D.
Standards to be enforced.
(1)
Air pollution.
(a)
General. No substance shall be emitted into the atmosphere in quantities which are injurious to human, plant or animal life or to property, which will interfere unreasonably with the comfortable enjoyment of life and property anywhere in the Borough. All provisions of the New Jersey Air Pollution Control Code, as amended and as augmented by regulations hereinafter designated as the "code," and all the following provisions stated, whichever shall be the more stringent, shall be complied with.
(b)
Smoke. In any IR, IC and HC Zone, no smoke, the shade or appearance of which is darker than No. 1 of the Ringelmann Smoke Chart, shall be emitted into the open air from any fuel-burning equipment; provided, however, that smoke emitted during the cleaning of a fire box or a building of a new fire, the shade or appearance of which is not darker than No. 2 of the Ringelmann Smoke Chart, may be permitted for a period or periods aggregating no more than three minutes in any 15 consecutive minutes.
(c)
Solid particles.
[1]
In any IR or IC Zone, no discharge of solid particles through a stack, duct or vent shall be permitted that is greater than 25% of the allowable emission in pounds per hour established by Chapters 7 and 8 of the New Jersey Air Pollution Control Code.
[2]
No open burning shall be permitted in any nonresidential zone except as may be allowed by the State Sanitary Code.
[3]
All incinerators shall be approved by the State Department of Health and Senior Services.
[4]
In all zones, any road, parking area, driveway, truck loading or unloading station and any other exterior area having a substantial movement of vehicles or equipment.
(d)
Odors. In any zone, no odorous material may be emitted into the atmosphere in quantities sufficient to be detected without instruments.
(2)
Wastes.
(a)
Liquid wastes. No liquid waste shall be discharged into any watercourse unless said discharge meets the water quality standard established by the State of New Jersey for said watercourse. If the applicant proposed to construct facilities for the treatment of waste, he shall supply a statement by the New Jersey Department of Health and Senior Services that such proposed facilities are in compliance with applicable state laws and regulations. Approval by the appropriate state, county or local officials of the installation of such facilities is required. No liquid waste shall be discharged unless the appropriate officials shall have first investigated the character and volume of such waste. The applicant shall comply with any requirements of said officials, including the pretreating of such wastes, the installation of screening of wastes, control pH and other methods of improving such wastes prior to discharge or the improvement of the watercourse expected to receive such wastes.
(b)
Solid wastes. Each use shall:
[1]
Assume full responsibility for adequate and regular collection and removal of all refuse.
[2]
Comply with all applicable provisions of the Air Pollution Control Code.
[3]
Comply with all provisions of the State Sanitary Code, Chapter 8, Refuse Disposal, Public Health Council of the State Department of Health and Senior Services.
[4]
Not engage in any sanitary landfill operation on the property except as may be permitted by other Borough codes and ordinances.
[5]
Permit no accumulation on the property of any solid waste, junk or other objectionable materials.
(3)
Radiation. All use of materials, equipment or facilities which are or may be sources of radiation shall comply with all controls, standards and requirements of the Atomic Energy Act of 1954, as amended, and any codes, rules or regulations promulgated under such act, as well as the Radiation Protection Act, Chapter 116, P.L. 1958, as amended, whichever shall be more stringent.
(4)
Noise.
(a)
The purpose of this section is to ensure that the environmental character of the area surrounding the proposed use, with respect to noise, shall not be altered. The standards established herein shall be interpreted in any specific case with this objective in mind.
(b)
If required under this section, measurement shall be made at the locations noted in Subsection C(2). Measurement shall be made by a competent acoustical engineer having equipment meeting the United States of America Standards Institute Standards S 1.4 - 1951 or the latest revision thereof and S 2.22 or the latest revision. All measurements shall be made in at least eight frequency bands. Ambient noise levels shall be made between the hours of 9:00 p.m. and 11:00 p.m. for periods of at least one hour and on three separate occasions.
(c)
The permitted noise level of the proposed use, measured at the measuring line, shall not exceed the ambient noise levels in each frequency band. Ambient levels may be increased by five dbs if the noise is continuous and operates only from 6:00 a.m. to 6:00 p.m.
(d)
Pure tones shall be at least five dbs below the active band level at the measurement line.
(5)
Vibration. In any zone, no vibrations discernible without instruments at the measuring point shall be permitted.
(6)
Glare. No single standard for glare is promulgated in this chapter due to the impracticality of establishing such standards. It is the intent of these performance standards to ensure that both direct and indirect glare, to the extent possible, is eliminated or activities producing such glare carried on within a structure. Necessary glare-producing devices, such as roadway and walkway lighting, shall be designed, constructed and maintained in such a manner as not to be a nuisance to surrounding uses.
(7)
Heat. Heat is thermal energy of a radiative, conductive or convective nature. In any zone, any use of heat or temperature rise discernible at the measuring point or discharge water into any watercourse which shall produce a temperature increase of greater than three degrees in that watercourse is prohibited.
(8)
Fire and explosion hazards.
(a)
If it appears that any proposed use, structure, process or resulting product or material may constitute a fire or explosion hazard, the Planning Board may require the applicant to supply proof of:
[1]
Approval of the use, structure, process or resulting product or material for the State Department of Labor and Industry indicating that adequate safeguards against fire and explosion have been taken or installed.
[2]
Approval from the Hampton Borough Fire Company that the applicant has complied with all applicable Borough fire prevention regulations.
(b)
The use of aboveground gasoline storage tanks shall be prohibited on any lot of one acre or less.
§ 157-62 Nonconforming uses and structures.
A.
Continuation of use. A use, building or structure lawfully in existence at the effective date of this chapter which shall be made nonconforming at the passage of this chapter or any applicable amendment thereto may be continued except as otherwise provided in this article.
B.
Regulation of nonconforming uses. No existing building or premises devoted to a nonconforming use shall be enlarged, extended, reconstructed, substituted or structurally altered, except when changed to a conforming use or when required to do so by law, and except as follows:
(1)
Restoration and reconstruction. Any nonconforming use or structure damaged by fire, casualty or act of God may be repaired and used as before, provided that the floor area of such use, building or structure shall not exceed the floor area or building volume which existed prior to such damage. All repairs shall be started within one year after damages occur, or such use shall not be rebuilt except as a conforming use. In the event that total destruction occurs or the Construction Official orders said use or structure rebuilt, then the provisions of Subsection D shall apply.[1]
(2)
Repairs.
(a)
Normal maintenance repair and incidental alteration of a structure containing a nonconforming use is permitted, provided that it does not extend the area or volume of space occupied by the nonconforming use.
(b)
A building or other structure containing residential nonconforming uses may be altered in any way to improve interior livability. No structural alterations shall be made which would increase the number of dwelling units.
C.
Termination of nonconforming uses. If a nonconforming use is not used for at least 90 consecutive days during a period of 12 months; or when the use is changed to one permitted in a more restrictive zone; or when the use is changed to a conforming use for any period of time shall all be considered an abandonment thereof, and such nonconforming use shall not thereafter be revived.
D.
Reconstruction. When a nonconforming use of structure is destroyed or damaged beyond repair or when the owner or tenant of said use or structure desires to completely rebuild for any reason, the Planning Board may authorize such rebuilding, if the rebuilding would not constitute a substantial enlargement of the use and if the rebuilding would provide better aesthetics or higher setbacks or assist in alleviating existing nuisance characteristics.[2]
E.
Nonconforming residences. Nothing under this article shall prevent any residence from being rebuilt or reconstructed in the event of fire or other disaster. Nothing under this article shall prevent expansion of the floor area of a residence, provided that all required setbacks have been met.
§ 157-63 Zoning Officer. [1]
The Borough Council shall appoint on January 1 of each year a Zoning Officer who is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall be responsible for the examination of all applications for construction permits. The Zoning Officer shall be responsible for the recording and filing of all applications for permits with accompanying plans and documents and to make such reports to the Borough Council, the Planning Board and the Construction Code Officials as may be required.
§ 157-64 Permits.
A.
To ensure compliance with the provisions of this chapter, no person shall erect, alter or convert any structure or building, or part thereof, nor alter the use of any land, subsequent to the adoption of this chapter, until a zoning permit has been issued by the Zoning Officer. Permits for use variances shall only be issued upon written resolution of the Planning Board.[1]
B.
Application for permits. All such applications shall be made in triplicate to the Zoning Officer.
C.
Issuance of permits.
(1)
It shall be the duty of the Zoning Officer to issue the proper permits, provided that he is satisfied that the structure, building, sign, parking area and the proposed use conforms to all requirements of this chapter and that all other reviews and actions, if any, called for in this chapter have been complied with and all necessary approvals secured therefor.
(2)
All permits shall be issued in duplicate, and one copy shall be kept conspicuously on the premises affected and protected from the weather whenever construction work is being performed thereon. No owner, contractor, workman or other person shall perform any construction operations of any kind unless a permit covering such operation has been displayed as required by this chapter, nor shall construction operations of any kind be performed after notification of the revocation of said permit.
D.
Denial of permits. When the Zoning Officer is not satisfied that the applicant's proposal will meet the requirements of this article, he shall refuse to issue a permit and shall so notify the applicant, in writing, giving the reasons for denial. The applicant may appeal to the Planning Board for a reversal of the official's decision.[2]
E.
Revocation of permits. If it shall appear at any time to the Zoning Officer that the application or accompanying plan is in any respect false or misleading or that work is being done upon the premises differing materially from that called for in the application filed with him under existing laws or ordinances, he may forthwith revoke the permit, whereupon it shall be the duty of the person holding the same to surrender it and all copies thereof to said Zoning Officer. After the permit has been revoked, the Zoning Officer may, in his discretion, before issuing the new permit, require the applicant to file an indemnity bond in favor of the Borough of Hampton with sufficient surety conditioned for compliance with this chapter and all laws and ordinances then in force and in a sum sufficient to cover the cost of removing the building or structure if it does not so comply.
F.
Expiration of permits. If a permit has not been acted upon by the commencement of construction, within 12 months (one year) from the date of issuance, said permit and all rights created thereby shall expire.
§ 157-65 Certificates of occupancy.
A.
Compliance with this chapter. No building structure or land shall be occupied or used until such time as a certificate of occupancy is issued. Such certificate shall be issued upon application by the owner, prospective occupant or purchaser only after the Zoning Officer determines that the facts represented on the application are correct and that the building structure or use is in conformance with the provisions of this chapter.
B.
For existing uses.
(1)
Permitted uses. Upon written request from the owner, tenant, occupant or purchaser under contract, the Zoning Officer, after inspection, shall issue a zoning permit for a use legally existing at the time this chapter is made effective, certifying the extent and kind of use and whether any such existing use conforms to the provisions of this chapter.
(2)
Nonconforming uses. No change or extension of use and no alterations shall be made in a nonconforming use or premises without a zoning permit having first been issued by the Zoning Officer stating that such change, extension or alteration is in conformity with the provisions of this chapter or that the same has been permitted by action of the Planning Board.[1]
C.
Change of use. No owner, tenant or other person shall use or occupy any building, structure or land the use of which shall be changed without first procuring a zoning permit.
D.
Scope of zoning certificate. The zoning certificate shall contain sufficient information as to the extent and kind of use or uses, such that any future investigation of the premises would disclose the extent to which a use was altered. It shall also indicate whether such use is a permitted or nonconforming use and the extent to which the use does not conform to the provisions of this chapter.
§ 157-66 Complaints; abatement of violations.
A.
Complaints of violations. Any person may file a complaint if there is any reason to believe a violation of this chapter exists. All such complaints must be in writing and shall be filed with the Zoning Officer, who shall properly record such complaint and immediately investigate.
B.
Procedures for abatement of violation. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained or any building, structure or land is used in violation of this chapter or any ordinance or regulation made under authority conferred hereby, the Borough Council or, with its approval, the Zoning Officer or other proper official, in addition to other remedies, may institute any appropriate legal action or proceedings to prevent such unlawful erection, construction, reconstruction, alterations, repair, conversion, maintenance or use, to restrain, correct or abate such violation to prevent any illegal act, conduct, business or use about such premises.