Harding Township, NJ Zoning Ordinance

Such home occupation may be pursued in the principal dwelling or in a secondary building which is accessory to the principal building, provided that the area to be used in conjunction with such home occupation shall be no more than the lesser of:

[1]

Twenty-five percent of the total floor area of all structures on the lot; or

[2]

Five hundred square feet, unless all structures in which said home occupation is conducted are located at least 200 feet from all property lines, in which event 750 square feet shall be allowed.

(e)

The pursuit of such home occupation shall not generate traffic in greater volume than would normally be experienced in a residential neighborhood.

(f)

No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference or other nuisance factors detectable to the normal senses or to radio or television sets off the lot.

(g)

No sign shall be utilized to identify the home occupation and there shall be no identification of such home occupation upon any mailbox located upon the premises, driveway or street right-of-way.

(h)

It is the intent of this section that the residential character of the Township's residential/rural zones be retained, and that the privacy, quality and serenity of residential properties be protected. There shall be no external modification of buildings or property, no conduct of visible or audible activities, or use of property that would violate this intent.

(i)

In the event that more than one home occupation is conducted on the premises, all of the limitations of this Subsection B(1) shall apply as if only one such home occupation is being conducted thereon.

(2)

Accessory residences. In the R-1 and RR Zones only, and not in any other zone, on lots of six acres or more, one accessory residence may be established in accordance with the applicable conditional use provisions contained in Article XXXVII. No accessory building or structure shall be used as a residence unless it meets the applicable criteria and conditions contained in said Article XXXVII.

[Amended 6-5-2002 by Ord. No. 6-02; 11-3-2004 by Ord. No. 22-04]

(3)

In the R-1 zone, an affordable accessory residence, as defined in this chapter, may be established on a lot comprised of at least five acres in accordance with the provisions of Article XLII.

[Added 6-10-2009 by Ord. No. 5-09]

Accessory structures. Accessory structures are permitted but strictly limited to the following:

(1)

Detached garages or carports.

(2)

Utility, tool or wood sheds.

(3)

Barns and farm outbuildings.

(4)

Pumps or spring-houses.

(5)

Swimming pools and pool houses.

(6)

Tennis courts and platform tennis courts.

(7)

Studios and workshops.

(8)

Greenhouses.

(9)

Dog houses or other animal structures.

[Amended 3-20-2000 by Ord. No. 3-00]

(10)

Stables.

(11)

Children's playhouses, excluding treehouses.[1]

[1]

Editor's Note: Editor's Note: Former Subsection C(12), regarding satellite antenna receivers in the R-1 Zone, as amended 10-3-1994 by Ord. No. 7-94, which immediately followed this subsection, was repealed 3-17-2004 by Ord. No. 4-04.

(12)

Energy-related structures including but not limited to solar panels, windmills or turbines, generators, and air-conditioning equipment.

[Added 10-21-2009 by Ord. No. 11-09]

§ 225-122 Bulk regulations.

Minimum lot size: three acres in area.

Minimum area to be free of development constraints. The lot shall be of such size and shape that its building envelope shall contain an area square in shape and at least 100 feet on each side. Such area shall be free of:

[Amended 7-11-1994 by Ord. No. 2-94; 11-13-1995 by Ord. No. 8-95; 3-17-2004 by Ord. No. 4-04; 4-20-2005 by Ord. No. 5-05]

(1)

Easements that restrict development; and

(2)

Wetlands, wetland transition areas, open water bodies or courses and any required setback from all such areas, as approved by NJDEP; and

(3)

Special flood hazard areas (FEMA-designated one-hundred-year special flood hazard areas).

(4)

In addition, the difference in elevation between diagonal corners of the one-hundred-foot-by-one-hundred-foot square shall not exceed 21 feet as measured by a field survey. A lot with a one-hundred-foot square within the building envelope which is not free of such areas and elevation differences, and which was lawfully approved and created prior to July 11, 1994, is to be considered a conforming lot with respect to this provision. A lot for which a building envelope contained a rectangular area at least 100 feet long and at least 50 feet wide on May 6, 1985, is to be considered as a conforming lot with respect to all of the requirements of this subsection.

Maximum building area. The maximum permitted building area shall be as follows (see Subsection F for additional restrictions):

[Amended 2-8-1999 by Ord. No. 2-99]

(1)

Three percent of lot area for lots where any structures are set back less than 150 feet from the front lot line or road line up to a maximum of 3,920 square feet.

[Amended 7-11-2022 by Ord. No. 09-2022]

(2)

Four percent of lot area, provided that all structures are set back a minimum of 150 feet from the front lot line or road line, except that for flag lots, the minimum setback to all lot lines shall be 100 feet.

(3)

Accessory structures constructed prior to 1945 shall not be included in the calculation of building area as set forth above, except that any portion of a building used as an accessory residence shall be included in the calculation of building area, and further provided that any such accessory structure shall be included in the calculation of building area and shall be limited as set forth above if it has been enlarged or relocated on the property since 1944.

[Added 2-6-2002 by Ord. No. 1-02; amended 10-15-2013 by Ord. No. 06-13]

(4)

Notwithstanding the foregoing, in connection with a development application, the Planning Board or Board of Adjustment, as applicable, may authorize exclusion from the calculation of building area barns and other accessory structures that contribute to the Township's rural character. Any future enlargement, relocation or significant exterior alteration, not including repair or maintenance activities, of any such accessory structure shall require the entire accessory structure to be included in the calculation of building area absent a new determination that the accessory structure as modified will continue to contribute to the Township's rural character.

[Added 10-15-2013 by Ord. No. 06-13]

Maximum height of buildings and structures.

(1)

Maximum height of the main building: 35 feet and not more than 2 1/2 stories.

(2)

Maximum height of the accessory buildings and structures: 25 feet.

Minimum square feet in the main dwelling: 1,200 square feet of livable floor area space measured at the first-floor level, exclusive of porches and garages.

Minimum setbacks. All structures must be set back at least 100 feet from any lot line or road line except as modified by the building area limitations set forth below:

[Amended 11-10-1997 by Ord. No. 9-97]

(1)

[1]In the case of a lot having frontage on more than one road, the minimum front setback restriction shall apply to all portions of the lot having frontage on a road.

[1]

Editor's Note: Former Subsection F(1), regarding the minimum setback from the front lot line or road line to all structures, was repealed 7-11-2022 by Ord. No. 09-2022. This ordinance also renumbered former Subsection F(2) and (3) as Subsection F(1) and (2), respectively.

(2)

Notwithstanding the provisions of Subsection F(1) above, in the case of a flag lot, the minimum setback distance for the front, side, and rear yards shall be 100 feet.

[Added 2-8-1999 by Ord. No. 2-99]

Minimum lot frontage: 300 feet.

[Amended 6-4-2003 by Ord. No. 12-03; 10-17-2007 by Ord. No. 12-07]

Maximum lot coverage: 10%.

[Added 7-18-2001 by Ord. No. 16-01]

§ 225-123 Supplementary regulations.

[Amended 12-12-1988 by Ord. No. 11-88; 4-10-1989 by Ord. No. 4-89]

Families per dwelling: one.

Off-street parking. No motor vehicle, except a private passenger car, no tractor, no trailer, no semitrailer, no omnibus and no boat, any of which exceeds 20 feet in overall length or 8,000 pounds in unladen weight, shall be parked on a lot, unhoused so as to be visible from a public road or in the front yard.

Tree conservation area. In accordance with the provisions of § 225-111, Tree conservation, there shall be a tree conservation area required along all perimeter property lines within which no tree measuring eight inches or greater in diameter at a point 4 1/2 feet above the ground shall be cut down or removed without a permit therefor except in accordance with the exemptions provided in § 225-111B(2). The width of the tree conservation area shall be as follows:

[Added 5-16-2001 by Ord. No. 11-01; amended 9-5-2001 by Ord. No. 17-01; 4-3-2002 by Ord. No. 4-02]

(1)

Fifty feet along any portion of the lot bordering a road, whether public or private.

(2)

Twenty-five feet along all other property lines. The flag staff portion of a flag lot shall be subject to this restriction [see § 225-111B(2)(d), exemption for driveway access].

Harding Township City Zoning Code

ARTICLE XXIV

R-1 Residence Zone

§ 225-121 Use regulations.

Primary uses. No building, structure or premises shall be used, erected or altered except for the following permitted uses:

(1)

One single-family private dwelling per lot.

(2)

Farming.

[Amended 12-27-2000 by Ord. No. 7-00]

(3)

Boarding stables for horses on lots of 10 acres or more.

Accessory uses are permitted but strictly limited to the following:

(1)

Home occupations shall be permitted in accordance with the following standards:

(a)

The principal use of the premises shall be residential.

(b)

The person engaged in such home occupation shall be a resident on the premises.

(c)

There shall be no nonresident partners, employees or helpers working on the premises and no more than one business visitor at any one time.

(d)

[1]

Twenty-five percent of the total floor area of all structures on the lot; or

[2]

Five hundred square feet, unless all structures in which said home occupation is conducted are located at least 200 feet from all property lines, in which event 750 square feet shall be allowed.

(e)

The pursuit of such home occupation shall not generate traffic in greater volume than would normally be experienced in a residential neighborhood.

(f)

(g)

No sign shall be utilized to identify the home occupation and there shall be no identification of such home occupation upon any mailbox located upon the premises, driveway or street right-of-way.

(h)

(i)

(2)

[Amended 6-5-2002 by Ord. No. 6-02; 11-3-2004 by Ord. No. 22-04]

(3)

In the R-1 zone, an affordable accessory residence, as defined in this chapter, may be established on a lot comprised of at least five acres in accordance with the provisions of Article XLII.

[Added 6-10-2009 by Ord. No. 5-09]

Accessory structures. Accessory structures are permitted but strictly limited to the following:

(1)

Detached garages or carports.

(2)

Utility, tool or wood sheds.

(3)

Barns and farm outbuildings.

(4)

Pumps or spring-houses.

(5)

Swimming pools and pool houses.

(6)

Tennis courts and platform tennis courts.

(7)

Studios and workshops.

(8)

Greenhouses.

(9)

Dog houses or other animal structures.

[Amended 3-20-2000 by Ord. No. 3-00]

(10)

Stables.

(11)

Children's playhouses, excluding treehouses.[1]

[1]

(12)

Energy-related structures including but not limited to solar panels, windmills or turbines, generators, and air-conditioning equipment.

[Added 10-21-2009 by Ord. No. 11-09]

§ 225-122 Bulk regulations.

Minimum lot size: three acres in area.

[Amended 7-11-1994 by Ord. No. 2-94; 11-13-1995 by Ord. No. 8-95; 3-17-2004 by Ord. No. 4-04; 4-20-2005 by Ord. No. 5-05]

(1)

Easements that restrict development; and

(2)

Wetlands, wetland transition areas, open water bodies or courses and any required setback from all such areas, as approved by NJDEP; and

(3)

Special flood hazard areas (FEMA-designated one-hundred-year special flood hazard areas).

(4)

Maximum building area. The maximum permitted building area shall be as follows (see Subsection F for additional restrictions):

[Amended 2-8-1999 by Ord. No. 2-99]

(1)

Three percent of lot area for lots where any structures are set back less than 150 feet from the front lot line or road line up to a maximum of 3,920 square feet.

[Amended 7-11-2022 by Ord. No. 09-2022]

(2)

(3)

[Added 2-6-2002 by Ord. No. 1-02; amended 10-15-2013 by Ord. No. 06-13]

(4)

[Added 10-15-2013 by Ord. No. 06-13]

Maximum height of buildings and structures.

(1)

Maximum height of the main building: 35 feet and not more than 2 1/2 stories.

(2)

Maximum height of the accessory buildings and structures: 25 feet.

Minimum square feet in the main dwelling: 1,200 square feet of livable floor area space measured at the first-floor level, exclusive of porches and garages.

Minimum setbacks. All structures must be set back at least 100 feet from any lot line or road line except as modified by the building area limitations set forth below:

[Amended 11-10-1997 by Ord. No. 9-97]

(1)

[1]In the case of a lot having frontage on more than one road, the minimum front setback restriction shall apply to all portions of the lot having frontage on a road.

[1]

(2)

Notwithstanding the provisions of Subsection F(1) above, in the case of a flag lot, the minimum setback distance for the front, side, and rear yards shall be 100 feet.

[Added 2-8-1999 by Ord. No. 2-99]

Minimum lot frontage: 300 feet.

[Amended 6-4-2003 by Ord. No. 12-03; 10-17-2007 by Ord. No. 12-07]

Maximum lot coverage: 10%.

[Added 7-18-2001 by Ord. No. 16-01]

§ 225-123 Supplementary regulations.

[Amended 12-12-1988 by Ord. No. 11-88; 4-10-1989 by Ord. No. 4-89]

Families per dwelling: one.

[Added 5-16-2001 by Ord. No. 11-01; amended 9-5-2001 by Ord. No. 17-01; 4-3-2002 by Ord. No. 4-02]

(1)

Fifty feet along any portion of the lot bordering a road, whether public or private.

(2)

Twenty-five feet along all other property lines. The flag staff portion of a flag lot shall be subject to this restriction [see § 225-111B(2)(d), exemption for driveway access].

Harding Township City Zoning Code

ARTICLE XXIV

R-1 Residence Zone

§ 225-121 Use regulations.

Primary uses. No building, structure or premises shall be used, erected or altered except for the following permitted uses:

(1)

One single-family private dwelling per lot.

(2)

Farming.

[Amended 12-27-2000 by Ord. No. 7-00]

(3)

Boarding stables for horses on lots of 10 acres or more.

Accessory uses are permitted but strictly limited to the following:

(1)

Home occupations shall be permitted in accordance with the following standards:

(a)

The principal use of the premises shall be residential.

(b)

The person engaged in such home occupation shall be a resident on the premises.

(c)

There shall be no nonresident partners, employees or helpers working on the premises and no more than one business visitor at any one time.

(d)

[1]

Twenty-five percent of the total floor area of all structures on the lot; or

[2]

Five hundred square feet, unless all structures in which said home occupation is conducted are located at least 200 feet from all property lines, in which event 750 square feet shall be allowed.

(e)

The pursuit of such home occupation shall not generate traffic in greater volume than would normally be experienced in a residential neighborhood.

(f)

(g)

No sign shall be utilized to identify the home occupation and there shall be no identification of such home occupation upon any mailbox located upon the premises, driveway or street right-of-way.

(h)

(i)

(2)

[Amended 6-5-2002 by Ord. No. 6-02; 11-3-2004 by Ord. No. 22-04]

(3)

In the R-1 zone, an affordable accessory residence, as defined in this chapter, may be established on a lot comprised of at least five acres in accordance with the provisions of Article XLII.

[Added 6-10-2009 by Ord. No. 5-09]

Accessory structures. Accessory structures are permitted but strictly limited to the following:

(1)

Detached garages or carports.

(2)

Utility, tool or wood sheds.

(3)

Barns and farm outbuildings.

(4)

Pumps or spring-houses.

(5)

Swimming pools and pool houses.

(6)

Tennis courts and platform tennis courts.

(7)

Studios and workshops.

(8)

Greenhouses.

(9)

Dog houses or other animal structures.

[Amended 3-20-2000 by Ord. No. 3-00]

(10)

Stables.

(11)

Children's playhouses, excluding treehouses.[1]

[1]

(12)

Energy-related structures including but not limited to solar panels, windmills or turbines, generators, and air-conditioning equipment.

[Added 10-21-2009 by Ord. No. 11-09]

§ 225-122 Bulk regulations.

Minimum lot size: three acres in area.

[Amended 7-11-1994 by Ord. No. 2-94; 11-13-1995 by Ord. No. 8-95; 3-17-2004 by Ord. No. 4-04; 4-20-2005 by Ord. No. 5-05]

(1)

Easements that restrict development; and

(2)

Wetlands, wetland transition areas, open water bodies or courses and any required setback from all such areas, as approved by NJDEP; and

(3)

Special flood hazard areas (FEMA-designated one-hundred-year special flood hazard areas).

(4)

Maximum building area. The maximum permitted building area shall be as follows (see Subsection F for additional restrictions):

[Amended 2-8-1999 by Ord. No. 2-99]

(1)

Three percent of lot area for lots where any structures are set back less than 150 feet from the front lot line or road line up to a maximum of 3,920 square feet.

[Amended 7-11-2022 by Ord. No. 09-2022]

(2)

(3)

[Added 2-6-2002 by Ord. No. 1-02; amended 10-15-2013 by Ord. No. 06-13]

(4)

[Added 10-15-2013 by Ord. No. 06-13]

Maximum height of buildings and structures.

(1)

Maximum height of the main building: 35 feet and not more than 2 1/2 stories.

(2)

Maximum height of the accessory buildings and structures: 25 feet.

Minimum square feet in the main dwelling: 1,200 square feet of livable floor area space measured at the first-floor level, exclusive of porches and garages.

Minimum setbacks. All structures must be set back at least 100 feet from any lot line or road line except as modified by the building area limitations set forth below:

[Amended 11-10-1997 by Ord. No. 9-97]

(1)

[1]In the case of a lot having frontage on more than one road, the minimum front setback restriction shall apply to all portions of the lot having frontage on a road.

[1]

(2)

Notwithstanding the provisions of Subsection F(1) above, in the case of a flag lot, the minimum setback distance for the front, side, and rear yards shall be 100 feet.

[Added 2-8-1999 by Ord. No. 2-99]

Minimum lot frontage: 300 feet.

[Amended 6-4-2003 by Ord. No. 12-03; 10-17-2007 by Ord. No. 12-07]

Maximum lot coverage: 10%.

[Added 7-18-2001 by Ord. No. 16-01]

§ 225-123 Supplementary regulations.

[Amended 12-12-1988 by Ord. No. 11-88; 4-10-1989 by Ord. No. 4-89]

Families per dwelling: one.

[Added 5-16-2001 by Ord. No. 11-01; amended 9-5-2001 by Ord. No. 17-01; 4-3-2002 by Ord. No. 4-02]

(1)

Fifty feet along any portion of the lot bordering a road, whether public or private.

(2)

Twenty-five feet along all other property lines. The flag staff portion of a flag lot shall be subject to this restriction [see § 225-111B(2)(d), exemption for driveway access].