For the purpose of this Chapter, the Town of Harrison is hereby divided into the following fourteen (14) zones known as:

(Ord. 1192 § 2, 2008: Ord. 988 § 1 (part), 1998)

(Ord. No. 1405, 4-7-20; Ord. No. 1404, 6-30-20)

The location and boundaries of the above zones are hereby established on the Zoning Map, dated January 2020, which is attached hereto and made part of this Chapter.

(Ord. 1192 § 3, 2008: Ord. 1094 § 2, 2004; Ord. 988 § 1 (part), 1998)

(Ord. No. 1405, 4-7-20; Ord. No. 1404, 6-30-20)

Whenever an uncertainty or ambiguity exists as to the true location of any boundary line of any zone shown on the map, the following rules shall apply:

A.

Centerlines. Boundary lines indicated as following or approximately following streets, highways or other public or private ways shall be construed to follow the centerlines thereof.

B.

Platted lines. Boundaries indicated as following or approximately following lot lines shall be construed as following such lot lines as the same appear on the Tax Maps of the town, as revised, from time to time.

C.

Town lines. Boundaries indicated as following or approximately following town lines shall be construed as following such Town lines.

D.

Shorelines. Boundaries indicated as following or approximately following shorelines shall be construed to follow such shorelines but, in the event of change in the shorelines, shall be construed as moving with the actual shoreline. Boundaries indicated as following streams, rivers or other bodies of water shall be construed as following the centerlines thereof.

E.

In cases of uncertainty or disagreement as to the true location of any zone boundary line, the determination shall be made by the Board of Adjustment, except that the Planning Board shall have jurisdiction to determine a disputed zone boundary line when acting on a subdivision, site plan or conditional use application.

(Ord. 988 § 1 (part), 1998)

Schedule I and Schedule II are amended in conformance with Sections 8, 9, 10 and 11 of this Ordinance 1192.

(Ord. 1192 § 4 (part), 2008: Ord. 988 § 1 (part), 1998)

Schedule I and Schedule II are amended in conformance with Sections 8, 9, 10 and 11 of this Ordinance 1192.

(Ord. 1192 § 4 (part), 2008: Ord. 988 § 1 (part), 1998)

This Article shall be viewed as permissive. No use or structure shall be permitted in the Town which is not listed as a permitted, accessory or conditional use. All other uses shall be prohibited.

(Ord. 988 § 1 (part), 1998)

A.

No building or structure shall be erected and no existing building or structure shall be moved, altered, reconstructed, added to or enlarged, nor shall any land, building or structure be designed or used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the zone in which such building, structure or land is located, and subject to all area, yard and building requirements of Schedule II.

B.

No yard or open space surrounding any building shall be encroached upon or reduced in any manner, except in conformity with the yard, area and building regulations designated for the zone(s) in which such building and yard or open space are located.

C.

The area and dimensions of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this Article; and, if already less than the minimum required by this Article, such area and/or dimension shall not be further reduced.

D.

The provisions and restrictions contained in this Article shall not apply to or be binding upon the Town.

(Ord. 988 § 1 (part), 1998)

A.

Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which such lot is located.

B.

No yard or other open space provided for any building for the purpose of complying with the provisions of this Article shall be considered as providing a yard or other open space for any other building..

C.

No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and/or setback requirements, parking or other similar requirements for any nonresidential use in a nonresidential zone.

D.

In the case of a through lot, the front lot line of such lot, for the purposes of this Article, shall be considered that line upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the front lot line shall be the line upon which the primary entrance of the principal building faces, or will face when constructed.

(Ord. 988 § 1 (part), 1998)

A.

Projections and Encroachments: Minimum required yards shall be entirely free of buildings, structures (excluding parking) or parts thereof and no building or structure shall project into any minimum required from, side or rear yard nor shall any use be made of any such yard, except as follows:

1.

Cornices and eaves may project not more than two (2) feet into any required yard.

2.

Sills, leaders and similar ornamental or structural features may project six (6) inches into any required yard.

3.

An open fire escape may project into a required rear yard not more than four (4) feet.

4.

Bay windows may project no more than three (3) feet into a required rear yard.

5.

Balconies may project no more than six (6) feet into a required rear yard.

6.

A chimney may project into any required rear yard or court, provided that the projection does not exceed two (2) feet.

7.

Uncovered steps may project not more than six (6) feet into any required front and rear yard, and not more than three (3) feet into any required side yard.

8.

Freestanding flagpoles are permitted in any required front and rear yard.

9.

Television and radio aerial masts, children's playground equipment and outdoor fireplaces are permitted in any required rear yard.

10.

Window wells affording light and air to basement and cellar areas are permitted in all required yards.

B.

On corner lots, the front yard setback requirement shall be met on all abutting streets, except that individual lots not in common ownership with any adjoining lots which are validly existing and nonconforming in lot width on the date of the adoption of this Article, shall be permitted to have a setback along the lot's greater street frontage equal to not less than one-half (½) the minimum front yard depth.

(Ord. 988 § 1 (part), 1998)

Every principal building shall be built upon a lot having minimum street frontage equal to the required minimum lot width upon an approved street which shall be improved in accordance with street standards established by the Town of Harrison or the Residential Site Improvement Standards (RSIS), as applicable.

(Ord. 988 § 1 (part), 1998)

Only one (1) principal building may be erected on each lot in the SF-1, SF-2, SF-3, 2F-l, 2F-2 and 3F residential zones. In all other zones, related compatible buildings under one (1) management may be erected, used or occupied, provided that all yard, open space, setback and coverage requirements of this Article are met.

(Ord. 988 § 1 (part), 1998)

A.

Appurtenances attached to principal structures. Church spires, belfries, domes or antennas attached to buildings, penthouses (not for human occupancy), chimneys, ventilators, skylights, water tanks, bulkheads and necessary mechanical appurtenances usually carried above roof level shall not be considered when determining the height of the building, and are not subject to height limitations, except that such features shall not exceed twenty (20) percent of total roof area and shall not exceed a height such as is necessary to accomplish the purpose for which it is intended to serve.

B.

Freestanding non-commercial accessory structures. Water towers, radio and television antennas and flagpoles which are erected as freestanding structures may be erected to a height which can be demonstrated to the Board is necessary to accomplish their intended function. Federally licensed amateur radio facilities shall be subject to Federal Communications Commission rules (47 CFR, Part 97) which govern the height of licensed amateur operator radio antennas. The height of the tower or antennae shall conform with U.S. Federal Communications Commission Regulations governing licensed amateur radio operators and, if required, Federal Aviation Administration (F.A.A.) notification and F.C.C. approval. All freestanding non-commercial accessory structures shall not be located within any required front, side or rear yard setback areas and shall be subject to the structural provisions of the New Jersey Uniform Construction Code.

(Ord. 988 § 1 (part), 1998)

A.

General requirements.

1.

No accessory structure may be built upon any lot on which there is no principal building or structure.

2.

Accessory structures in the I zone shall not exceed the height of the principal building. In the NC, CC and residential zones no accessory structure shall exceed fifteen (15) feet in height.

3.

Accessory structures in all zone districts shall be at least ten (10) feet from any other structure on the same lot.

4.

No accessory structure(s) shall be located in a required front yard or in any area, such as the "side" front yard of a corner lot, where front yard setbacks apply.

5.

Any accessory structure attached to the main building shall be considered part of the main building.

6.

On through lots, no accessory structure erected in the rear yard shall be nearer to the "rear" street line than the minimum front yard setback for the zone in which such lot is located.

7.

Except as provided in paragraph 6 above, minimum setbacks from side and rear lot lines for accessory structures shall be three (3) feet.

B.

Requirements for specific accessory structures and uses.

1.

Swimming pools shall comply with the provisions of Section 17-82.7A, and with the following requirements:

a)

No swimming pool shall be located closer than five (5) feet to any side or rear lot line.

b)

Elevated lights over four (4) feet in height used or maintained in connection with a private swimming pool shall be so located and shielded that the illumination therefrom is not directed upon any adjacent property and shall be turned off by 10:00 PM.

c)

No private swimming pool shall be used other than as accessory to the principal use of the premises upon which it is located.

2.

Satellite earth stations

a)

Permitted Districts.

1)

A satellite earth station shall be permitted as an accessory use in all zone districts. Satellite earth stations shall require site plan approval from the Planning Board except where accessory to a one- or two-family residential use. In the case of a satellite earth station which is accessory to a one- or two-family residential use, the application shall be determined by the Zoning Officer, or by the Board of Adjustment whenever a request for interpretation is necessary, or a variance is requested by the applicant.

2)

Whenever a satellite earth station is accessory to a one- or two-family dwelling, and an applicant claims that any general regulation standard herein must be modified because of inability to transmit and/or receive a reasonably satisfactory signal, impracticability, undue hardship, or other criteria for modification under this section, or whenever the adequacy of and/or reasonableness of screening is in issue, such application shall be referred to the Board of Adjustment for interpretation pursuant to N.J.S.A. 40:55D-70b.

b)

Performance standards.

1)

No satellite earth station may be placed in the front yard of any lot in the Town. For purposes of this requirement, a corner lot shall be deemed to have a front yard facing each street.

2)

Satellite earth stations thirty six (36) inches in diameter or less shall be located on the roof. Receive-only satellite earth stations greater than thirty six (36) inches in diameter shall be placed on a lot only in the rear yard; provided, however, that on a clear and convincing showing by an applicant that a reasonably satisfactory signal cannot be obtained from a rear yard location, the Board may permit the satellite earth station to be located in the side yard, and if such a signal cannot be obtained in either the rear or side yard, the Board may permit the antenna to be located on the roof of any principal or accessory building on the lot.

3)

A transmit/receive satellite earth station shall be placed on the roof of the principal building on the lot; provided, however, that on a clear and convincing showing by an applicant that this requirement is impracticable or would cause undue hardship, or that installation elsewhere would substantially further the purposes and objectives of this section without substantial adverse impact on adjoining properties, the Board may permit the satellite earth station to be located in the rear yard of the lot. If a ground mounted transmit/receive type satellite earth station is proposed, the plan for the earth station shall include the proposed location of a protective fence, a minimum of four (4) feet in height, surrounding the antenna on all sides. The proposed fence shall be constructed in accordance with Article V of the Land Development Ordinance.

4)

All satellite earth stations shall not be closer to the side property line than a distance equal to the diameter of the earth station or the side yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.

5)

All satellite earth stations shall not be closer to the rear property line than a distance equal to the diameter of the earth station or the rear yard setback requirement for the principal structure on the lot, whichever results in the greatest setback.

6)

When mounted on the ground, the overall height from the surrounding ground level to the lowest point of the antenna shall not exceed two (2) feet except in instances where additional clearance is needed to satisfactorily receive and/or transmit signals. No ground mounted satellite earth station shall exceed twelve (12) feet in height, as measured from the average grade at the base of the antenna to the highest point of the antenna.

7)

Roof Mounted Antennas:

i)

Flat Roofs and Mansard Style Roofs: No roof mounted satellite earth station may extend above the roof line more than (9) feet six (6) inches when mounted on a flat roof or mansard style roof. However, upon a showing that such a roof mounted antenna will not produce adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed. Roof mounted antennas on a flat roof shall be located in the center of the roof structure to reduce visibility.

ii)

All Other Style Roofs: No roof mounted satellite earth station may extend above the highest point of the roof more than three (3) feet when mounted on all other style roofs, and, must be located on the portion of the roof facing the rear yard or, if this would unreasonably limit signal reception, the side yard. However, upon a showing that such a roof mounted antenna will not receive adequate reception under the restrictions of this subsection, the minimum height necessary for reasonably satisfactory reception may be allowed.

8)

The diameter of satellite earth stations shall not exceed twelve (12) feet for C-band technology for receiving and shall not exceed eight (8) feet in diameter for Ku-band V Sat technology for transmitting, subject to subsection (9). All satellite earth stations larger than twenty-four (24) inches shall be of the mesh type only, with not more than eighty five (85) percent of,the surface being solid.

9)

All satellite earth stations shall be painted a solid, dark, non-metallic, non-glossy color if ground mounted. Roof-mounted satellite earth stations mounted on a flat roof or mansard style roof shall be painted a solid, non-metallic, non glossy light to medium gray. When mounted on any other style roof the satellite earth station shall be painted the color of the surface to which it is attached.

10)

The ability of the applicant to install a satellite earth station in an unobtrusive location and to minimize the visual impacts on neighboring properties shall be a major factor in determining whether or not a permit is issued.

11)

The number of allowable satellite earth stations are as follows:

i)

For all residential uses in residential zones: one (1) per building.

ii)

For all other uses permitted in residential zones not specifically provided for otherwise (e.g. schools, churches, nursing homes, etc.): one (1) per building.

iii)

For commercial and industrial zones: one (1) per business.

12)

The satellite earth station may only be used for occupants of the building located on the property.

13)

When the use of the satellite earth station is abandoned, it shall be removed.

14)

Satellite earth stations may not be mounted on a portable or movable structure, such as a trailer.

15)

No satellite earth station shall be erected on a public utility easement without the consent of the easement holder.

16)

The proposed satellite earth station shall be the smallest commercially available equipment feasible based on the current technology so as to minimize the visual impact on surrounding areas.

17)

No satellite earth station may be used as a sign.

18)

All wiring or connecting cables between any ground mounted satellite earth station and the principal building on the site shall be buried underground. All wiring or connecting cables between the roof-mounted satellite earth station and the principal building shall be hidden or appropriately screened.

c)

All satellite earth stations, appurtenances, landscaping, and fencing shall be kept and maintained in good condition.

3.

Outdoor storage.

a)

No flammable or explosive liquids, solids or gases shall be stored above ground unless as otherwise required by applicable federal, state or local regulations. Tanks or drums of fuel directly connecting with heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.

b)

All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property and shall meet all required accessory building setbacks for the zone in which located. This provision shall not apply to outdoor storage of new cars or other vehicles on the premises of a dealer.

c)

No materials or wastes shall be stored on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.

d)

All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.

4.

Decks, terraces and patios. Decks, patios and terraces over two (2) feet in height shall be considered part of the principal building and must meet required yard setbacks for principal buildings.

(Ord. 1192 § 5, 2008: Ord. 988 § 1 (part), 1998)

In a residential zone not more than one (1) commercial vehicle of a rated capacity of three-quarters (¾) ton or less may be kept on the premises provided such vehicle is housed in a garage, not a carport, and is not customarily parked in the driveway or on the street.

(Ord. 988 § 1 (part), 1998)

A.

Parking of recreational equipment. No mobile dwelling, trailer or any recreational equipment shall be stored or parked on any premises in any residential zone district within the limits of the Town of Harrison, except as hereinafter provided:

1.

No recreational equipment shall be stored or parked within any residential district other than that lot upon which the principal residence structure of the actual owner of the recreational equipment is located.

2.

No recreational equipment shall be stored or parked at any time when said premises are not being occupied, except for vacation absences.

3.

No recreational equipment shall be stored or parked in any district as an accessory building or use, except as herein provided.

4.

All recreational equipment shall be stored or parked to the rear of the rear building line of the principal building.

5.

All recreational equipment must be kept clean and in good repair at all times and shall carry a current year's license or registration as required by law.

6.

All recreational equipment shall be maintained in mobile condition.

7.

No recreational equipment shall be used for sleeping or dwelling purposes while on said premises and shall not be commercially stored or offered or displayed for sale. Further, such recreational equipment shall not be connected with any electric, water, gas or sanitary sewer facilities.

8.

No recreational equipment shall be stored, parked or maintained so as to create a dangerous or unsafe condition on the premises where parked.

(Ord. 988 § 1 (part), 1998)

A.

General. The Board shall not approve a conditional use unless it finds that the use meets all the applicable requirements of this Section. All conditional uses shall be subject to site plan review in accordance with Article III of this Chapter.

B.

Requirements for specific uses.

1.

Home occupations.

a)

The practitioner must be the owner or lessee of the residence in which the home occupation is contained. If lessee, a letter of approval from the owner is required to be filed with the Application for approval.

b)

The practitioner must reside in the home as his or her principal residence.

c)

The practitioner shall not utilize the services of more than one on-site employee at any time. Use of any home occupation facility by a group or groups of clients or other persons shall not be permitted.

d)

The home occupation shall occupy less than fifty (50) percent of the total area of the floor where located, excluding space used for a private garage or nine hundred (900) square feet, whichever is smaller.

e)

No clients shall remain on the premises overnight.

f)

The residential character of the neighborhood and the premises shall not be subordinated to the home occupation use.

g)

Adequate on-site parking spaces shall be provided in accordance with this Article so that no parking related to the home occupation shall occur on the street.

h)

No retail sales, manufacturing or industrial operations shall be conducted on the site.

i)

No more than one (1) business visitor shall be permitted at any one time. There shall be no external evidence of the home occupation, except any parking spaces that may be required pursuant to this Article.

j)

No sign identifying the home occupation shall be permitted and there shall be no identification of such home occupation upon any mailbox.

k)

No equipment or process shall be used in such home occupation which creates noise, glare, fumes, odors, electrical interference, medical waste or other nuisance factors detectable to the human senses, outside the lot on which the home occupation is conducted. 17-82.10

2.

Houses of worship.

a)

Compliance with all bulk standards of the zone.

b)

Maximum height: Forty (40) feet.

c)

In the NC and CC zoning districts, no house of worship shall occupy the ground floor of any mixed-use structure.

d)

Screening and landscaping shall be provided where necessary to minimize the impact on adjacent properties.

3.

Gasoline service stations and public garages. All gasoline service stations and public garages shall comply with the following requirements:

a)

Minimum lot size. The minimum lot size shall be ten thousand (10,000) square feet.

b)

Minimum lot width. The minimum lot width shall be seventy-five (75) feet.

c)

Outdoor storage areas and landscaping requirements. All outdoor storage facilities shall be enclosed by a fence or a wall or other suitable visible screen adequate to conceal such facilities and the contents thereof from adjacent property.

d)

Location of oil drainage pits and hydraulic lifts. No outdoor hydraulic or mechanical lifts or oil drainage or mechanical pits shall be permitted.

e)

Location of gasoline pumps. No gasoline pumps shall be nearer than fifteen (15) feet to any street right-of-way line and no closer than thirty (30) feet to any other lot line.

f)

The sale of used cars and the storage of any unlicensed vehicles shall be prohibited.

4.

Automatic Car Wash. All automatic car washing establishments shall comply with the following requirements:

a)

Minimum area requirements.

1)

Minimum lot area: Fifteen thousand (15,000) square feet.

2)

Minimum lot width: Seventy-five (75) feet.

3)

Minimum lot depth: Two hundred (200) feet.

b)

Minimum yard requirements.

1)

Front yard: Same as required for the zone.

2)

Side yard: One side yard shall be twenty (20) feet and both shall total forty (40) feet.

3)

Rear yard: Twenty-five (25) feet.

c)

Off-street parking. In compliance with this article.

d)

Screening and landscaping shall be provided where necessary to minimize the impact on adjacent properties.

5.

Cellular/Wireless Communication Towers, Antennas and Associated Facilities and Devices. Cellular/wireless communication towers, antennas and associated facilities and devices (hereinafter collectively referred to as "cellular antennas" shall be permitted in the CC and I zones, provided that no cellular antennas shall be sited within two hundred fifty (250) feet of an SF-1, SF-2, SF-3, 2F-1, 2F-2, 3F, A or SH zone, and further subject to compliance with the following requirements:

a)

Purpose. It is the purpose of these ordinance provisions to provide specific zoning conditions and standards for the location and operation of cellular antennas for telephone, radio, paging and any other personal communication services and/or telephone communication within the Town of Harrison. These ordinance provisions acknowledge that there may be inherent benefits that can be derived from the construction and operation of such antennas and acknowledge that certain state and/or federal laws and/or regulations specifically address such antennas and the towers on which they are located. These ordinance provisions further acknowledge the need to safeguard the public good and preserve the intent and purposes of the Town of Harrison Zone Plan.

b)

Objectives. The overall objective of these ordinance provisions is to enable the location of necessary cellular antennas within the Town of Harrison in order to provide the fullest extent of communication services while simultaneously limiting the number of towers to the fewest possible. In acknowledgment that more than one service carrier may have the right to provide communication services utilizing cellular antennas within the Town of Harrison, these ordinance provisions encourage several service carriers to locate their various cellular antennas on the same tower in order to limit the total number of such towers within the Town of Harrison to the fewest possible.

c)

Comprehensive Plan. In order to provide proper evidence that any proposed location of cellular antennas (and any supporting tower and/or ancillary building enclosing related electronic equipment) has been planned to result in the fewest number of towers within the Town of Harrison, the applicant shall submit a "Comprehensive Plan." Said Comprehensive Plan shall indicate how the applicant proposes to provide full service throughout the Town of Harrison from its proposed location. To the greatest extent possible, said Comprehensive Plan shall also indicate how the applicant's plan is coordinated with the needs of all other providers of cellular communication services within the Town of Harrison.

d)

Major site plan. The Comprehensive Plan does not supplant or supersede any requirements for a site plan under the Land Development Ordinance. An application for a cellular antenna shall meet all applicable requirements for a major site plan.

e)

Maximum height. The applicant shall demonstrate that total requested height for location of the cellular antenna is minimum height necessary to achieve the purposes of the cellular antenna.

f)

Design details.

1)

All structures shall be fenced and buffered by landscaping as approved by the Board.

2)

Microwave antennas shall be prohibited for transmission of signals where ground lines are reasonably available.

g)

Restoration. The applicant and/or operator of the cellular antennas shall provide the Town with a copy of any notice or letter of intent to cease operations in the event that such a notice or letter is sent by the applicant and/or owner to the FCC. An unused tower for cellular antennas may stand for only one hundred eighty (180) days. The property owner shall be responsible for prompt demolition and removal of an unused tower.

6.

Cannabis Cultivator, Manufacturer, Distributor, Wholesaler, Retailer, And Delivery Service shall be conditional uses pursuant to Zoning Schedules II-B and II-C, subject to the following conditions:

(a)

Such facility shall meet all of the requirements for licensure, and hold the appropriate license issued by the Cannabis Regulatory Commission, Department of Treasury, State of New Jersey.

(b)

Minimum bulk standards shall be subject to the Industrial Zone standards found in Schedule I of the Land Use Development Ordinance.

(c)

Off-street parking and loading standards shall be subject to Section 17-91 and Schedule V-1 of the Land Use Development Ordinance. Cannabis businesses shall not be permitted to request an exemption from off-street parking requirements pursuant to Section 17-91.1(B)(6)(v).

(d)

Signage shall be subject to Section 17-93 of the Land Use Development Ordinance

(e)

No facility may permit on-site consumption of cannabis or cannabis products.

(f)

No outside storage of any cannabis products or related materials shall be permitted.

(g)

A security plan shall be submitted to the Harrison Police Department which shall demonstrate how the facility will maintain effective security and control of operations. The security plan shall identify the type and manner of 24-hour security, tracking and record-keeping of products and materials, surveillance systems to be utilized, and whether any armed security will be on the premises. The security footage shall be stored for a minimum of thirty (30) days.

(h)

An odor mitigation/management plan shall be submitted as a component of all applications that details the proposed ventilation and filtration/treatment systems. Such treatment systems shall have sufficient odor absorbing filtration systems utilizing carbon filters or similar, and ventilation and exhaust systems to eliminate cannabis odors coming from the interior of the premises, such that any odor generated inside the facility is not detectable by a person of reasonable sensitivity at the subject property line. The ventilation system and its maintenance, including the schedule indicating how frequently filters will be replaced, must be approved by the Town of Harrison Health Department. All cannabis establishments shall be enclosed in heated/air-conditioned buildings.

(i)

A Vicinity Map shall be submitted as a component of all applications, showing at least five hundred (500) feet of surrounding area and the distances to any schools or community centers/facilities. Distance shall be measured from the nearest point of the property line of the site that contains the cannabis business to the nearest point of the property line of the enumerated use using a direct straight-line measurement.

(j)

Hours of Operation for Cannabis Retailer:

[1]

The hours of operation for retail establishments shall be limited to 10:00 AM to 10:00 PM.

(Ord. 1192 § 6, 2008; Ord. 1146 § 1, 2006; Ord. 988 § 1 (part), 1998)

(Ord. No. 1445, 8-3-21; Ord. No. 1469, 10-4-22)

In any residential structure, not more than two persons shall be permitted to occupy any dwelling unit as boarders in accordance with the following:

A.

Not more than one boarder may occupy a sleeping room.

B.

Each sleeping room shall be at least eighty (80) square feet.

C.

There shall be no cooking facilities in any sleeping room.

(Ord. 988 § 1 (part), 1998)

Child care centers are permitted uses in all non-residential zones in accordance with the following requirements:

A.

Such use shall meet the area and bulk requirements of the zone where located.

B.

The floor area occupied in any building or structure as a child care center shall be excluded in calculating the following:

1.

Any parking requirement otherwise applicable to that number of units or amount of floor space, as appropriate, as required under this Article.

2.

The permitted density allowable for that building or structure under the applicable zone requirements.

(Ord. 988 § 1 (part), 1998)

Family day care homes are permitted as accessory uses in all residential zones. All of the standards governing home occupations as set forth in Section 17-82.7B.2, with the exception of subsections (c) and (f), shall apply.

(Ord. 988 § 1 (part), 1998)

Public utility lines for the transportation, distribution and/or control of water, electricity, gas, oil, steam and telegraph and telephone communications, and their supporting members, other than buildings and structures, including pipes, shall not be required to be located on a lot, nor shall this chapter be interpreted to prohibit the use of a property in any zone for the above uses.

(Ord. 988 § 1 (part), 1998)

A.

Continuance of existing nonconforming uses and structures. Any nonconforming use or structure which lawfully existed at the time of the passage of this article may be continued, and any existing legally nonconforming building or structure may be reconstructed or structurally altered, but only in accordance with the requirements of this Article.

B.

Abandonment. A non-conforming use of a building or land, which has been abandoned, shall not thereafter be revived. A rebuttable presumption of intention to abandon a non-conforming use shall arise whenever any of the following circumstances are found to exist:

a)

The owner has made representations in any public forum that the (non-conforming) use of the property has been abandoned; or

b)

The intent to abandon is manifested by the conduct and/or statements of the owner AND is evidenced by an external act or omissions to act, which is consistent with such intent and contrary to any interest in preserving or continuing the non-conformance; or

c)

The property is vacant and is not the subject of any current development approvals and has been vacant and substantially unused and inactive for a period of twelve (12) months or more; or

d)

A cessation of operation or occupancy of any non-conforming use shall occur for a period of twelve (12) consecutive calendar months.

e)

The characteristic equipment and furnishings of the non-conforming use have been removed from the premises and have not been replaced by similar equipment within ninety (90) days, unless other facts show intention to resume the non-conforming use; or

f)

Such non-conforming use has been replaced by a conforming use.

C.

Alteration, extension or enlargement of nonconforming use or structure.

1.

A nonconforming use of any building, structure or land shall not be increased, enlarged, extended or changed in any manner whatsoever.

2.

No building in which a nonconforming use exists shall be enlarged, extended or structurally altered in any manner; provided, however, that:

a)

Nothing herein shall prevent the repair and maintenance of any building wherein there exists a nonconforming use, provided that such maintenance and repair does not in any way constitute or result in a further extension of a nonconforming use.

b)

Minor alterations and improvements which do not constitute or require structural changes may be made in or to a building wherein a nonconforming use exists, provided that such nonconforming use will not be increased, extended or enlarged thereby.

c)

Nothing herein shall prevent the strengthening or restoration to a safe and lawful condition of any part of any building which is nonconforming.

3.

Structural alterations, internal rearrangements and renovations may be made in a building or structure which is nonconforming because it fails to comply with height, area, yard, off-street parking or other like requirements of this Chapter, other than use, so long as the structural alteration or increase, internal rearrangement or renovation does not extend or enlarge the non-conformance of said building or structure.

4.

A nonconforming use changed or altered to a conforming use may not thereafter be changed back to a nonconforming use.

D.

Restoration of existing buildings or structures nonconforming because of use. Whenever a building or structure is nonconforming by reason of its use, such building or structure may be restored or repaired if less than eighty (80) percent of the existing floor area is destroyed.

E.

Restoration of existing buildings or structures which are nonconforming for reasons other than use. Whenever a building is nonconforming because it fails to comply with any height, area, yard, off-street parking or requirements of this Chapter, other than use, and such building is partially destroyed, such building may be restored to its prior condition; provided, however, that such restoration shall not enlarge the previously existing non-conformance.

F.

Nonconforming improved lot. When an improved lot in a residential zone exists as a separate isolated lot under separate ownership and does not adjoin any vacant land or vacant lot of the same owner, and such improved lot is nonconforming due to size, shape, area or setback; any existing residential building or structure on the lot may be further improved, provided that:

1.

The number of dwelling units shall not be increased even if such increased number of dwelling units are allowed in the zone.

2.

Any existing nonconforming setbacks from streets, side lot lines or rear lot lines shall not be made more nonconforming, but any improvement may maintain the same nonconforming setbacks; provided, however, that a minimum side yard of three (3) feet shall be maintained.

3.

The Construction Official of the Town of Harrison is hereby authorized and empowered to issue any necessary construction permits in accordance with the provisions of this subsection.

(Ord. 988 § 1 (part), 1998)

A.

Purpose. The principal purpose of the ASH Affordable Senior Housing Zone is to provide areas within the Town for age-restricted affordable development in the form of multi-family, townhouse, and/or mixed-use development. The development shall include age-restricted affordable housing that will be incorporated into the multi-family, townhouse, and/or mixed-use development. A minimum of 98 age-restricted affordable units shall be generated from this zone. The units may be delivered as part of an inclusionary development and/or as a 100% affordable development.

B.

Permitted Principal Uses.

1.

Multi-Family Housing. Multi-family housing is a building containing (4) or more dwelling units where each unit is joined to other dwelling units above, adjacent, and/or below. Also known an "apartment building."

2.

Townhouse. A townhouse is a single-family dwelling in a row of at least three such attached dwellings in which each dwelling has its own front and rear access to the outside. No dwelling is located over another dwelling and each dwelling is separated from all other attached dwellings by one or more vertical common fire-resistant walls.

3.

Mixed-Use Development. Mixed-use development is the development of a tract of land or building or structure with two or more permitted uses, one of which shall be residential. Permitted non-residential uses include office/co-working space, retail, restaurants, medical uses, and TV and film studios, adult educational facilities/schools. Office/co-working space is an arrangement where multiple companies share an office space in order to save costs through the utilization of common facilities, including office space, equipment, utilities, and administrative staff such as a receptionist and/or IT personnel.

C.

Permitted Accessory Uses.

1.

All uses accessory and incidental to the principal use

D.

Area and Yard Requirements

1.

Minimum lot area: 20,000 square feet

2.

Minimum setback from the public right-of-way:

i.

Residential-only development: 10 feet

ii.

Mixed-use development: 5 feet

E.

Maximum Height

1.

6 stories if parking is provided under the building

2.

5 stories if no parking is provided under the building

F.

Maximum Density

1.

55 dwelling units per acre

G.

Minimum Off-Street Parking

1.

Age-restricted residential: 1 space per unit

2.

Office/Retail/Financial Institutions/TV and Film Studios: 1 space per 1,000 square feet of gross floor area

3.

Off-site parking is permitted for non-residential uses only if the developer can provide a long-term parking arrangement to the satisfaction of the Planning Board.

H.

Affordable Housing

1.

A minimum on-site affordable housing set-aside of 15% shall be required for rental residential inclusionary development and 20% for sales inclusionary development.

2.

The development of all affordable units shall comply with the executed Settlement Agreement between the Town and Fair Share Housing Center (signed by the Town on November 12, 2019), the Uniform Housing Affordability Controls ("UHAC") found at N.J.A.C. 5:80-26.1 et. seq. or any successor legislation; COAH's applicable regulations including but not limited to the phasing requirements of N.J.A.C. 5:97-6.4(d); the Fair Housing Act, and all other relevant law, including but not limited to, affirmative marketing requirements, bedroom and income distribution requirements, and deed-restriction requirements.

3.

A minimum of 50% of all affordable units shall be affordable to very low and low-income households. A minimum of 13% of all affordable units shall be affordable to very low-income households. All other affordable units may be affordable to moderate-income households.

4.

Affordable units shall remain affordable for a period of at least thirty (30) years from the date of their initial occupancy.

5.

The developer's obligations related to the creation of Affordable Housing shall, as a condition of any site plan approval, be incorporated into a developer's agreement with the Town of Harrison.

6.

A 100% age-restricted affordable development is permitted.

I.

Article V, "Development Requirements and Standards" of the Harrison Land Development Ordinance shall apply. Should the standards in Article V conflict with the standards in this ordinance section, the standards in this section shall apply.

(Ord. No. 1404, 6-30-20)

A.

Purpose. The purpose of the TV and Film Studio Overlay is to permit an optional development to the primarily industrial zoning adjacent to Supor Boulevard. The alternative development would allow a major TV and film production studio complex with complementary uses. Potential developers may choose to either develop the parcels pursuant to the existing underlying zoning OR choose to utilize the Overlay option. Merging of the two options is not permitted. Once a choice is made between the Overlay or underlying zoning, deviations are not permitted.

The Overlay is approximately 38 acres in size and is anticipated to contain over 300,000 square feet of studio space. A school is proposed to be an integral part of the complex, which will provide training and skills necessary to work within the studio industry. This Overlay is intended to capitalize on its location in the northeast section of the State near the Harrison PATH station, which will provide the interconnection with the NYC Metropolitan market. This Overlay promotes the State's policy to encourage studio production and to capitalize on the State of New Jersey tax credit program: the Garden Film and Digital Media Jobs Act.

B.

Permitted Principal Uses.

1.

Television production studio. A television production studio is an installation facility in which video productions take place, either for the recording of live television to video tape or for the acquisition of raw footage for post-production. The design of the studio is similar to movie studios with special requirements of television production.

2.

Film studio/movie studio. A film studio/movie studio is a facility that is used to make films.

The following uses are intended to be associated with and complementary to a television production studio and/or a film studio/movie studio.

3.

Office-Coworking space. Office/co-working space is an arrangement where multiple companies share an office space in order to save costs through the utilization of common facilities, including office space, equipment, utilities, and administrative staff such as a receptionist and/or IT personnel.

4.

Retail sales and service

5.

Restaurants

6.

Adult education/school

7.

Mixed-use development

8.

Hotel, including conference space

9.

Warehouse, east of Supor Boulevard

10.

Light industrial, east of Supor Boulevard

11.

Self-storage, east of Supor Boulevard

12.

Medical facilities

13.

Financial institutions

14.

Movie theaters and similar entertainment uses

15.

Child care facilities

16.

Public uses

17.

Fitness centers

18.

No drive-through uses shall be permitted

C.

Permitted Accessory Uses.

1.

Uses accessory and incidental to the principal use. Structured parking may be permitted subject to the ground level parking being visually screened by non-residential uses.

D.

Area and Yard Requirements

1.

Minimum lot area: 20,000 square feet

2.

Minimum setback from the public right-of-way: 5 feet

3.

Maximum setback from the public right-of-way: 10 feet, except for properties east of Supor Boulevard, which shall have no maximum setback from rights-of-way.

4.

Non-residential uses shall have a minimum depth of 40 feet.

E.

Maximum Height

1.

68 feet, except hotels, which may be 100 feet in height.

F.

Minimum Off-Street Parking

1.

Office/Retail/Financial Institutions/TV and Film Studios/other non-residential space not covered below: 1 space per 1,000 square feet of gross floor area

2.

Restaurants: One space per 4 seats

3.

Hotel: One space per room plus one space per 1,000 square feet of conference or similar space

4.

Off-site parking is permitted for non-residential uses only if the developer can provide a long-term parking arrangement to the satisfaction of the Planning Board. As part of the agreement, a shuttle service shall be provided from the Studio area to the Harrison PATH Station.

G.

Article V, "Development Requirements and Standards" of the Harrison Land Development Ordinance shall apply. Should the standards in Article V conflict with the standards in this ordinance section, the standards in this section shall apply.

(Ord. 1192 § 7 (part), 2008)

(Ord. No. 1405, 4-7-20)

Zoning Schedule I

Bulk Regulations - All Districts

Town of Harrison, Hudson County, NJ

A) 20% of units shall be set aside as affordable in accordance with COAH Regulations.

* The front yard requirement shall be such that where the existing principal buildings on the same side of the street and within 200 feet of any subject lot create an established setback, new buildings shall conform to such established setback or, if none is established, to the average of the setbacks of the principal buildings within 200 feet, provided that in residential zones the minimum front yard setback shall be 20 feet.

** Rear yard in NC zone: If a rear yard abuts a residential use, a minimum 5′ high fence shall be erected to screen the commercial use from the abutting residential use.

(Ord. No. 1405, 4-7-20; Ord. No. 1404, 6-30-20)

Zoning Schedule II-A

Use Regulations - Residential Districts

Town of Harrison, Hudson County, New Jersey

P = Principal Permitted Use

C = Conditional Use

A = Accessory Use

M = Mandatory Use

¹  Housing victims of domestic violence.

²  Housing the developmentally disabled, persons with head injuries and the terminally ill.

* In order to receive the compensatory benefits associated with the AH Overlay Zone, as depicted in 17-83, affordable housing contributions must be made in accordance with council on affordable housing regulations.

Zoning Schedule II-B

Use Regulations - Commercial Districts

Town of Harrison, Hudson County, New Jersey

P = Permitted use

C = Conditional use

A = Accessory use

* Uses permitted on upper floors only.

(Ord. No. 1445, 8-3-21; Ord. No. 1469, 10-4-22)

Zoning Schedule II-C

Use Regulations - Industrial District

Town of Harrison, Hudson County, New Jersey

P = Permitted use

C = Conditional use

A = Accessory use

* Industrial and manufacturing uses shall mean, for the purpose of this Chapter, those uses with the following Standard Industrial Classification, Major Group Codes or Industry Group Nos., where specified, as per the 1987 Standard Industrial Classification Manual, as amended:

NOTE: This list excludes those industries that process meat products and fats and oils; pulp and paper mills; and industrial inorganic chemicals such as alkalis and chlorines, industrial gases and inorganic pigments.

(Ord. No. 1445, 8-3-21; Ord. No. 1469, 10-4-22)