Mount Holly City Zoning Code
ARTICLE XIV
R-1 Residence District
§ 149-92 Permitted uses.
This zone district is designed for single-family residential dwelling use, but permits:
A.
All public buildings and public uses, but the procedure set forth in § 149-46 above must be followed.
C.
Accessory uses customarily incident to the above-used, provided that they do not include any activity commonly conducted for gain, unless specifically permitted in this section.
E.
Home occupations, an occupation or business being conducted wholly or in part from a residence, provided that the following criteria are met:
(1)
Conducted solely by one member of the family living in the principal structure.
(2)
No display of goods.
(3)
No visible signs and/or business identifications.
(4)
No exterior and/or structural alterations.
(5)
No more than one customer and/or client on the property at any one time.
(6)
No machinery or equipment shall be used which will cause interference with radio and television reception in the neighboring residences.
(7)
No audible sound shall be transmitted over the property line.
(8)
No more than 20% of the floor area of the residential building shall be used for this purpose.
(9)
All operations are entirely within the principal building.
(10)
No external storage of materials relating to the home occupation.
H.
Private swimming pools, provided that the following requirements must be met:
[Amended 6-9-1997 by Ord. No. 1997-14]
(1)
All swimming pools shall be maintained in a clean and healthful condition, in accordance with the requirements of the County Health Department.
(2)
The pool and deck shall be erected at least 10 feet from the side and rear lines of the premises.
(3)
The application for the construction of a pool shall be filed with the Construction Official, showing the size and location of the pool from all side and rear lot lines and from the dwelling erected on the premises in question. It shall conform to the Uniform Construction Code and shall be subject to the approval of the Construction Official.
(4)
Aboveground lights, if any, shall be restricted to such lights as shall not be a nuisance to adjoining property owners and shall not be turned on after 10:00 p.m. in the evening.
§ 149-93 Conditional uses.
A.
Home occupations.
(1)
Home occupations, an occupation or business being conducted wholly or in part from a residence, are permitted, subject to review by the Planning Board, provided that the following criteria are met:
(a)
A fully completed certificate of occupation application, with a floor plan indicating those areas to be used for the home occupation and with a comprehensive statement of the occupation, equipment to be used and services or products rendered.
(b)
No more than one employee and two family members engaged in the occupation.
(d)
No exterior alterations.
(e)
No more than two customers and/or clients on the property at any one time.
(f)
No machinery or equipment which will cause interference with radio and television reception in the neighboring residences.
(g)
No audible sound transmitted over the property line.
(h)
No more than 30% of the gross floor area of the residential building used for this purpose.
(i)
All operations entirely within the principal building.
(j)
No external storage of materials relating to the home occupation.
(k)
The availability or provision of adequate parking for employees and clients/customers.
(2)
The Planning Board, in conducting its review and granting approval, shall make whatever restrictions that are necessary to ensure that the home occupation is not detrimental to the residential character of the neighborhood and/or the health and safety of residents.
B.
Small duplex developments.
[Amended 2-1-1982 by Ord. No. 1982-1; 2-25-1991 by Ord. No. 1990-20A]
(1)
Conditional use authorized. Small planned duplex developments, as herein defined, are authorized as conditional uses within any residence district in the Township of Mount Holly, when approved by the Planning Board pursuant to the provisions of this subsection.
(2)
Procedural and plan requirements. All developers seeking approval for a small planned duplex development shall give notice and comply with the procedural requirements of N.J.S.A. 40:55D-12. Further, developers seeking approval for a small planned duplex development shall provide the plans and documents required for site plan approval.
(3)
Standards of review.
(a)
Guiding principles. Recognizing that certain uses, activities and structures are necessary to serve the needs and conveniences of the Township of Mount Holly, and at the same time recognizing that such uses may be or become inimical to the public health, safety and general welfare if located and operated without proper consideration being given to existing conditions and the character of the surrounding area, such uses are differentiated from permitted uses and nonpermitted uses and are referred to as "conditional uses." In addition to other powers conferred by this chapter and applicable statutes, the Planning Board shall have original jurisdiction, pursuant to the procedural requirements established elsewhere, to grant a permit for a conditional use under the terms and conditions established hereinafter.
(b)
General standards. It shall be the developer's responsibility to demonstrate to the Planning Board that the design, arrangement and nature of the particular use sought, as supported by development plans and documentation, is such that the public health, safety and welfare will be protected and that:
[1]
The use will not adversely affect the safe and comfortable enjoyment of property rights or otherwise adversely affect the value of adjacent property.
[2]
The development plans provide for structures and site improvements in keeping with the general character of the zoning district and sufficient landscaping, including trees, shrubs and lawn areas, to enhance the area and appropriately buffer the use from adjoining property.
[3]
The conditional use will serve a useful purpose to the general welfare of the Township and/or satisfy an established need within the community.
[4]
The conditional use as set forth on the plans and documentation presented will not constitute any nuisance, safety hazard or health hazard due to site lighting, noise, odors, sewerage disposal, vibration, the need and method of storage, use or disposal of materials, parking and traffic circulation, hours of operation, site signing or pollution of the environment.
[5]
The conditional use as set forth on the development plans and documentation adhere generally to the site development standards set for the zone in which the proposed use is sought as well as the special conditions and safeguards as, in the opinion of the Planning Board, will implement the intent of objectives of this subsection and the special conditions of restrictions listed in Subsection B(3)(c) below.
(c)
Specific standards.
[1]
Lot size. The tract upon which a small duplex development is proposed shall contain a minimum of 15,000 square feet for each single-family detached and duplex unit to be built, with a minimum tract size of one acre, except that said lot or lots may be further reduced for a duplex unit to a minimum of 7,500 square feet at the time of conveyance so that the two units within the duplex may be sold separately in fee.
[Amended 10-14-1991 by Ord. No. 1991-19]
[2]
Permitted density. The density permitted of single-family and duplex units shall he determined by dividing the gross acreage of the tract upon which the development is to be placed, including streets, easements and open space portions of the development, by 15,000 square feet, recognizing that a duplex will contain two separate living units.
[Amended 10-14-1991 by Ord. No. 1991-19]
[3]
Residential cluster. Each small planned duplex development shall meet the standards of a residential cluster as that term is defined in N.J.S.A. 40:55D-6.
[4]
Design criteria. The development shall be designed to conform to prevailing community standards prevalent to the area in which the development is to be located, reflecting:
[a]
Architectural values within adjacent existing patterns of development.
[b]
Traffic circulation, including the capacity of adjacent roadways to absorb increased traffic flows.
[c]
The impact which the parking needs of the development will have on traffic patterns on tract and parking needs off tract.
[d]
The impact which the parking and traffic impacts presented will have on the established method of providing emergency services in the area of the tract.
[e]
The prevention of any adverse off-tract impact associated with increased traffic flows or parking demands.
[f]
The minimum land development standards set forth within the Model Subdivision and Site Plan Ordinance, dated January 1987, prepared for the New Jersey Department of Community Affairs, to the extent that these standards are not inconsistent with the provisions of the site plan standards contained within this chapter which this Part 3 amends. If they are inconsistent, this Part 3's standards shall control.
[g]
Existing patterns of development within the vicinity of the tract to ensure that the proposed development will blend with the existing community and be a part of it rather than a separate enclave without community links.
[5]
Market; open space, common elements and interior improvements. The developer shall establish that a viable market exists for the dwelling units proposed and shall establish the developer's financial ability to develop the site in accordance with his proposed development plan. The developer shall also establish that the method selected for ultimate ownership of the open space, common elements and interior improvements is economically feasible.
§ 149-94 Maximum height; required yards; minimum lot size.
The following requirements must be complied with in the R-1 Residence District:
A.
Height. No building shall exceed a maximum of 2 1/2 stories or 35 feet in height, whichever is lesser.
B.
Front yard. There shall be a front yard of not less than 35 feet, except that where the existing buildings are on the same side of the street and within 500 feet from an established setback, new buildings shall conform to such established line, provided that no new building may project closer than 25 feet to the front property line nor need be set back more than 50 feet from said property line.
C.
Side yard. There shall be two side yards, and no side yard shall be less than 10 feet; provided, however, that the aggregate width of the two side yards combined must equal 35% of the lot width at the building line.
D.
Rear yard. There shall be a rear yard of at least 35 feet.
E.
Minimum lot size. The minimum lot area shall be 15,000 square feet, and the minimum frontage is 100 feet.