Mount Holly City Zoning Code
ARTICLE IX
General Regulations
§ 149-42 Compliance required.
Zoning affects all structures, buildings and land and the use thereof. No land or premises may be used and no building or structure may be erected, raised, moved, extended, enlarged, altered or used for any purpose other than a purpose permitted herein for the zone district in which it is located, and all construction shall be in conformity with the regulations provided for the zone district in which such building or premises is located.
§ 149-43 Zoning permit or site plan review required; alternative.
No building or structure or part thereof shall be erected, constructed, reconstructed, structurally altered or moved until there has been filed with the Zoning Official an application for a zoning permit or site plan review. For the purposes of this section, the application for a permit under the Uniform Construction Code[1] will suffice as the application for a zoning permit.
§ 149-44 Certificate of occupancy required.
A.
No land shall be occupied or used, and no buildings hereafter erected or altered shall be occupied or used, in whole or in part, for any purpose whatsoever until a certificate of occupancy shall have been issued by the Construction Official stating that the premises or building complies with all the provisions of this Part 3.
B.
No change or extension of use, and no alteration of use, shall be made in a nonconforming use of premises without a certificate of occupancy having first been issued by the Construction Official indicating that such change, extension or alteration is in conformity with the provisions of this Part 3.
C.
A certificate of occupancy shall be applied for at the same time that the construction permit is applied for and shall be issued within 10 days after the erection or alteration of the building or land shall have been completed. A record to all certificates shall be kept on file in the office of the Construction Official and copies shall be furnished upon request to any person having a proprietary or leasehold interest in the building or land affected.
D.
No permit for excavation for, or the erection of, any building shall be issued before application has been made for a certificate of occupancy.
§ 149-45 Subdivision to be in compliance.
When a new lot or lots are formed from part of a parcel of land, the separation must be effected in such a manner as not to impair any of the provisions of this Part 3.
§ 149-46 Public utilities and uses.
Public utilities and any public uses may be located in any of the zone districts as a conditional use. However, before a building permit or certificate of occupancy shall be issued, application shall be made to the Planning Board, which, after a hearing, may grant or deny such a permit or certificate if, in the Board's judgment, it will not be detrimental to the health, safety and general welfare of the community and is reasonably necessary for the convenience of the community.
§ 149-47 Yards.
Every lot must provide front, rear and side yards, as required by its zone district. All front yards must face upon a dedicated public street or private street after its location has been approved by the Planning Board, and no lot may contain more than one principal building, except as otherwise provided in this Part 3. On rights-of-way less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the right-of-way and 50 feet. Houses constructed on corner lots shall face on one street only.
§ 149-48 Accessory buildings.
[Amended 1-11-1988 by Ord. No. 1987-16; 8-12-1996 by Ord. No. 1996-10; 5-15-2025 by Ord. No. 2025-6]
No accessory building may be built on any lot on which there is no principal building or structure, excepting, however, upon an adjacent lot where there is a principal building or structure in common ownership and in the same zone district.
A.
No accessory building shall exceed 13 feet in height, except in the industrial zones and in the HL Health and Life Sciences zone.
B.
Accessory buildings shall be at least 10 feet from any principal building situated on the same lot and shall be at least six feet from any other accessory building. All accessory buildings shall be constructed with a side yard and rear yard setback of five feet or more from the side and rear property lines.
C.
If an accessory building is attached to the principal building, it shall be considered an extension to the principal building and not a separate structure.
D.
Accessory buildings on corner lots may not be erected nearer to the street than the front yard required on the adjacent lot.
E.
Accessory buildings shall not be erected in the front half of the lot unless an integral part of the principal building, but in no case need the same be set back more than 75 feet from the front property line.
F.
Accessory buildings shall not be erected in a required buffer strip.
G.
Accessory buildings for townhouse properties in the PAS District shall be set back from the rear and side lot lines at least three feet, unless there is a fence which creates a solid visual screening barrier at least four feet high along the property line, in which event the accessory building may be placed immediately adjacent to the fence, provided, however, that no portion of the accessory building shall extend beyond the property line. No accessory building in the townhouse area of the PAS District shall exceed eight feet in height, nor shall any accessory building in the townhouse area of the PAS District occupy more than 64 square feet of area. No accessory building shall be placed in any manner which shall block the natural storm drainage flow, as determined by the Township Engineer.
§ 149-49 Dwellings in rear of lot prohibited.
No building to be used as a dwelling shall be constructed, altered or moved in the rear of a building situated on the same lot, nor shall any building be constructed in front of, or moved to the front of a dwelling situated on the same lot.
§ 149-50 (Reserved) [1]
[1]
Editor's Note: Former § 149-50, Use of existing lots, was repealed 4-23-2007 by Ord. No. 2007-03.
§ 149-51 Reduction of required area or space prohibited.
§ 149-52 Garages in residential zone districts.
[Amended 1-11-1988 by Ord. No. 1987-16]
A garage for not more than three cars, i.e., three bays, may be constructed on a single lot. No bay in the garage shall exceed 12 feet by 24 feet. Not more than one commercial vehicle, owned and used by a resident of the premises, shall be permitted to be regularly garaged on a lot in a residential zone district.
§ 149-53 On-street parking of commercial vehicles restricted; exceptions.
A.
It shall be unlawful to park any commercial vehicle registered for over 9,000 pounds gross vehicle weight in or upon any street, avenue or alley, or upon any municipal property in any zoning district within the boundaries of the Township, or upon any lot, unless the vehicle is housed in a garage or is situated behind the building setback line and is completely screened from public view and the view of adjoining property owners by a fence, wall or series of plantings. The provisions hereof shall not apply to the delivery of goods, rendering of services or in the case of emergency or when an unusually heavy snowstorm makes off-street parking impracticable.[1]
[Amended 5-8-1995 by Ord. No. 1995-9 and 6-9-1997 by Ord. No. 1997-12]
[1]
Editor's Note: Original Subsection b, definition of "commercial vehicle," which immediately followed this subsection, was deleted 6-22-1992 by Ord. No. 1992-5.
B.
Notice of the restriction contained in Subsection A of this section shall be given by the enforcement official to the owner of any motor vehicle violating said provision as a condition precedent to prosecution hereunder, and thereafter any violation by the owner will constitute a violation of this provision, and the posting of signs shall not be necessary in the enforcement thereof.
§ 149-54 Dangerous conditions; incongruous design, construction or use.
A.
No zoning permit shall be granted for a building or use if the design or construction of the same involves, or is likely to involve, exceptional risks of traffic congestion, public safety or hazard.
B.
If the design, construction or use of any building not previously approved by a variance or site plan is so markedly incongruous with the character of the neighborhood as to materially affect the value of adjacent or nearby property, the Construction Official shall deny the permit.
§ 149-55 Mixed occupancy.
Before issuing a construction permit for construction of any premises intended for a combination of dwelling and commercial occupancy or which would result in an increased number of dwelling units within a building partly occupied by business usage or which would result in an increased area devoted to business usage within a building partly occupied as a dwelling, the Construction Official shall refer the plans to the Township Fire Inspector and Health Officer and request their respective reports as to any hazards that exist or may be expected to exist and their recommendations as to desirable additional provisions or changes in the interest of safety shall be complied with before the building permit shall be issued. Where mixed occupancy includes residential units, the side, rear yard and area requirements of the R-3 Residence and Zone Districts and shall be met.
§ 149-56 Traffic visibility and setbacks on corner lots.
A.
Traffic visibility across corner lots. On any corner lot in any zone district, no fence, structure or planting over 30 inches in height shall be erected or maintained within 20 feet of the corner property line so as to interfere with traffic visibility across the corner.
B.
Setback on corner lots. Where a lot is bounded by more than one street, the yard depth or setback from each street shall be determined by the conditions existing on that street or the front yard setback of both streets.
§ 149-57 Temporary permits.
Temporary permits may be authorized by the Zoning Officer for a period not to exceed one year for nonconforming uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery, the assembly of building materials and the offices of the contractor/architect. The issuance of such permits shall be conditional upon agreement by the owner to remove any structure or structures erected thereunder and to discontinue such uses upon expiration of the temporary permit. Such permits may be renewed by the Zoning Officer annually, over a period not to exceed three years.
A.
The temporary permit shall be automatically revoked should the construction activity cease for a period of four months.
B.
A temporary permit may also be authorized for the location of a real estate sales office located on the tract for sale, provided that the sales office must be disbanded and/or removed upon revocation of the temporary permit for the storage of building supplies and machinery or within six months after the completion of construction activity.
C.
The Zoning Officer shall only issue temporary permits after he is satisfied that the location of the stored materials and/or sales offices shall not constitute a traffic or pedestrian hazard and shall not adversely impact upon adjacent properties.
§ 149-58 Use of land.
The control and regulation of the uses of buildings and structures as herein provided shall apply equally to the nature and extent of the use of land.
§ 149-59 Outdoor storage of certain vehicles, trailers and recreational units.
[Amended 3-22-2004 by Ord. No. 2004-6; 2-26-2007 by Ord. No. 2007-02; 9-22-2008 by Ord. No. 2008-23]
A.
No owner or tenant of any tract of land or lot within the Township zoned or utilized for residential use shall use such lot to store, maintain or keep for longer than 10 days in any six-month period any recreational vehicle, trailer, boat, boat and trailer combination, motor home, trailer, construction trailer, utility trailer, camper or similar vehicle or unit (hereafter "recreational or similar unit") except in compliance with the provisions of this section. Recreational or similar units shall be registered to the owner of the track of land or lot in which it is to be stored, maintained or kept. The erection or use of any tent, trailer, recreation vehicle or camper as a dwelling is prohibited.
B.
Recreational or similar units may be stored provided they are wholly contained within the confines of a building or parked on an area behind the front building setback line and screened from view from public streets and adjoining properties at eye level by a berm, wall, fence, landscape planting or combination thereof. For purposes of this section, an alley shall not be considered a public street.
C.
Where, by reason of the size of the recreational or similar unit, the size of the lot in question, the proximity of neighboring properties, or other circumstances beyond the control of the property owner, full screening cannot be provided, it shall be sufficient for the screening to block from view the first four or six feet of height of the recreational or similar unit. Whether the circumstances of a given lot justify the use of this lesser screening standard shall be determined in the sound discretion of the zoning officer. A denial of the use of such lesser screening shall be subject to appeal in the same way and manner as any other decision of the zoning officer.
D.
It shall be unlawful for the owner or tenant of any tract of land or lot within the Township to store, maintain or keep for longer than five days in any six-month period any unregistered or inoperable vehicle, including vehicles not displaying a current inspection sticker or incapable of passing vehicle inspection, on any land, lot, alley or public street unless such vehicle is stored within the confines of a building or situate behind the front building line and screened from view from adjoining properties and public streets by a berm, wall, fence, landscape planting or combination thereof.
§ 149-60 Height exceptions.
Notwithstanding any other provisions of this Part 3, the height requirements of all zones shall be subject to the following exceptions: chimneys, fire towers, stacks, monuments, cupolas, domes and spires, water towers, radio towers and television antennas, except that in no event shall any structure exceed 100 feet in height.
§ 149-61 Prohibited uses.
[Amended 8-30-1982 by Ord. No. 1982-14]
A. ADULT ENTERTAINMENT LICENSED MASSAGE PARLORS TATTOO PARLORS
Definitions. As used in this section, the following definitions shall apply:
Entertainment based predominantly upon the display of human genitalia.
A permit or grant of authority from the State of New Jersey or the Township of Mount Holly to perform an activity or service.
Any establishment or building wherein massages or body rubs are given or offered to members of the general public, except those in a hospital or licensed physician's office or given by a licensed physician or physical therapist.
Any establishment or building wherein human beings are tattooed. This shall not include any building or establishment where a human being is tattooed by a licensed physician for medical purposes.
B.
Prohibited uses.
[Amended 6-13-2016 by Ord. No. 2016-18]
(1)
Any use not specifically prohibited in each of the zones provided for in this Part 3 are prohibited in that particular zone. Prohibited uses in all zones, unless otherwise allowed, include but are not limited to, use of coin-operated adult entertainment devices, massage parlors, tattoo parlors and boardinghouses, lodging houses or rooming houses.
(2)
No building in the Township shall be used both as a boardinghouse or tenement house and an apartment house, exclusive of those buildings where one apartment is used by the owner or operator and the rest of the building is used as a tenement or boardinghouse.
§ 149-62 Minimum floor area.
§ 149-63 Enforcement.
[Amended 6-22-1992 by Ord. No. 1992-5; 10-23-2006 by Ord. No. 2006-24]
The Zoning and Land Use Regulations of this Code shall be enforced by the Zoning Officer or by any police officer of the Township as to complaints, violations, and the prosecution of the same. General administration of these provisions shall be the responsibility of the Zoning Officer. Neither the Zoning Officer nor Construction Official shall issue any permit for the erection or structural alteration of any building or land where the proposed activity would be a violation of any of the provisions of the Township Zoning or Land Use Regulations except upon written action by the Planning Board. It shall be the duty of the Zoning Officer, or any police officer, to investigate any complaints of violations, and, when appropriate, serve notice of violation upon the owner and occupant of the premises. The Zoning Officer shall regularly report to the Township Council as to all violations and the results of enforcement activity.
§ 149-64 Expiration of conditional use, special exceptions and variances.
Any conditional use or variations from this Part 3 granted by the Board to an applicant shall expire if no construction, alteration or conversion has been commenced within one year from the date of granting said conditional use, special exception or variance.
§ 149-65 Violations and penalties.
A.
Any owner or agent and any person or corporation who shall violate any of the provisions of this Part 3 or fail to comply therewith or with any of the requirements thereof or who shall erect, structurally alter, enlarge, rebuild or move any building or buildings or any structure or who shall put into use any lot or land in violation of this Part 3, any detailed statement or plan submitted hereunder or who shall refuse reasonable opportunity to inspect any premises shall be, upon conviction, liable to a fine of not more than $1,000 or to imprisonment for not more than 90 days, or to both such fines and imprisonment. Each and every day such violation continues shall be deemed a separate and distinct violation.
[Amended 6-22-1992 by Ord. No. 1992-5]
B.
The owner of any building or structure, lot or land or part hereof where anything in violation of this Part 3 shall be placed or shall exist and any architect, building contractor, agent, person or corporation employed in connection therewith and who assists in the commission of any such violation shall each be guilty of a separate violation and upon conviction thereof shall each be liable to the fine or imprisonment, or both, specified in Subsection A above.
§ 149-66 Fences.
[Amended 1-11-1988 by Ord. No. 1987-16]
A.
No fence shall be erected within the front yard which is of solid construction or greater than 48 inches in height. No fence shall be erected within side or rear yards greater than 72 inches in height.
B.
No fence shall be constructed within one foot of a Township road, street or right-of-way. All fences must be maintained by the owner and kept in alignment and shall be maintained in a safe, sound and upright condition.
C.
Front fences on corner properties shall not be constructed of materials that would block the view of vehicular traffic at the intersection. No fence may be constructed using barbed wire fencing materials nor shall any fence be electrified.