South Harrison Township
City Zoning Code
City Zoning Code
ARTICLE XXIV
Title; Purpose; Establishment of Districts; General Conditions
§ 90-5.00 Short title.
This chapter shall be known and may be cited as the Zoning Ordinance of the Township of South Harrison, New Jersey.
§ 90-5.01 Purpose.
This chapter is adopted pursuant to the Municipal Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.) and subsequent amendments and supplements thereto, in order to promote and protect the public health, safety, morals and general welfare.
§ 90-5.02 Application and implementation of Part 5, Zoning.
§ 90-5.03 Establishment of zoning districts.
[Amended 11-17-1999 by Ord. No. 0-99-04; 6-14-2000 by Ord. No. 0-00-03; 12-28-2005 by Ord. No. 0-05-18; 7-9-2008 by Ord. No. 0-08-11]
For the purpose of this chapter, the Township of South Harrison is hereby divided into the following districts, differentiated according to use, area and bulk requirements, to be designated as follows:
AR | Agricultural Residential District |
NC-1 | Neighborhood Commercial District 1 |
LI | Light Industrial District |
PO/R | Professional Office/Residential District |
§ 90-5.04 Zoning Map.
[Amended 11-17-1999 by Ord. No. 0-99-04; 6-14-2000 by Ord. No. 0-00-03; 4-14-2004 by Ord. No. 0-04-05; 2-9-2005 by Ord. No. 0-05-03; 12-28-2005 by Ord. No. 0-05-18; 7-9-2008 by Ord. No. 0-08-11; 7-9-2008 by Ord. No. 0-08-15; 8-13-2008 by Ord. No. 0-08-13]
The boundaries of these zoning districts are established on the map entitled "Zoning Map/South Harrison Township," dated June 9, 2008, prepared by Bach Associates, PC, which accompanies and is hereby made part of this chapter.[1] The Zoning Map shall be the official reference as to the current zoning classification of any land within the boundaries of South Harrison Township. Said Zoning Map is on file in the Township Clerk's office located at the South Harrison Township Municipal Building, 664 Harrisonville Road, Harrisonville, New Jersey, and may be examined by members of the public during normal business hours.
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
§ 90-5.05 Interpretation of district boundaries.
A.
Zoning district boundary lines are intended to follow the center lines of streets railroad rights-of-way, streams and lot or property lines as they exist on lots of record at the time of enactment of this chapter unless otherwise indicated by dimensions on the Zoning Map. Any dimensions shown shall be in feet and measured horizontally and, when measured from a street, shall be measured from the street right-of-way line even if the center line of that street is used for the location of a zoning district line.
B.
The exact location of any disputed zoning district boundary line shall be determined by the Zoning Officer.
C.
The zoning standards, controls and designations apply to every structure, lot and use within each district and the district lines extend vertically in both directions from ground level.
D.
Where a zone boundary fixed by dimension on the Zoning Map approximately follows and is not more than 20 feet from a lot line, such lot line shall be construed to be the zone boundary.
E.
In unsubdivided land and where a zone boundary divides a lot, the location of such boundary, unless the same is indicated by dimensions are not shown on the map the location of boundaries shown on the map shall be determined by the Zoning Officer by application of a scale thereto.
F.
Boundaries indicated as approximately following municipal limits shall be construed as following municipal limits.
G.
Where physical or cultural features existing on the ground are at variance with those shown on the official Zoning Map, or in other circumstances not covered by subsections above, the Zoning Officer shall interpret the district boundaries.
H.
Whenever any street or public way is vacated by official action, the zoning districts adjoining the side of such public way shall be automatically extended to include the right-of-way thus vacated which shall thenceforth be subject to all regulations of the extended district or districts.
§ 90-5.06 Effect of establishment of districts.
Following the effective date of this chapter:
A.
Any use not permitted by this chapter shall be deemed to be prohibited.
B.
Where the provisions of this Part 5, Zoning, impose greater restrictions than those of any statute, other ordinance, or regulation, the provisions of this Part 5 shall be controlling. Where the provisions of any statute, other ordinance or regulation impose greater restrictions than this Part 5, the provisions of such statute, other ordinance or regulation shall be controlling.
§ 90-5.07 Conditional uses.
Uses listed as conditional uses in a particular district may be permitted by the Planning/Zoning Board only if it has been determined that the development proposal complies with the conditions and standards set forth in this chapter for the location and operation of such use.
A.
Telecommunication and other towers shall be conditional uses in all zones, provided that the following information is submitted and after evaluation if the proposed structure is found to be necessary to assure adequate reception under appropriate FCC regulations and will result in a minimal impact upon the community in terms of aesthetics, property values and desirability of adjacent properties:
[Added 12-10-2003 by Ord. No. 0-03-10]
(1)
The existence of other antenna support structures and alternative antenna support structures that can accommodate the needs of a wireless communications service provider.
(2)
The height of any proposed antenna support structure.
(3)
The proximity of any proposed antenna support structure to residential structures and residential use district boundaries.
(4)
The nature of uses on adjacent property.
(5)
The surrounding topography.
(6)
The existing or proposed free coverage and foliage.
(7)
The design of the proposed antenna support structure, with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(8)
Proposed ingress and egress.
(9)
The availability of suitable existing antenna support structures for use as colocations.
(10)
In granting any approval, the Board may require the applicant to comply with any reasonable conditions that it deems necessary or desirable, in its sole judgment, to minimize the impact or effect of any antenna, antenna array, equipment enclosure, or the use of any alternative antenna support structure, on the area in which it is sought to be installed, constructed or erected, or used, by requiring fencing, painting, coloring, blending, disguising, camouflaging, relocating facilities on a site, or other measures that the Board deems appropriate, including special construction and design.
B.
An administrative approval may be granted for the addition of new antennas upon an existing telecommunication tower or site.
[Added 12-10-2003 by Ord. No. 0-03-10]
§ 90-5.10 Temporary uses.
Temporary uses of land or temporary activities such as fairs, carnivals and circuses, for a period not to exceed 15 calendar days for each sponsor in any calendar year shall be permitted in all districts. However, all such temporary uses or activities shall require a special permit issued by the Zoning Officer and shall be subject to the provisions of adequate off-street parking and control of traffic, noise, glare, dust, sanitary concerns and general public safety.
§ 90-5.11 Temporary signs.
The erection, installation, or maintenance of temporary signs other than as set forth below is hereby prohibited. They shall be subject to sign standards contained in the Township's Site Plan Ordinances, except as may be modified herein. Persons placing signs on property in which they do not have an interest which permits them to do so shall secure the permission of the owner. No sign shall be placed on utility poles, except temporary hunting or trespassing signs.
A.
Temporary signs for fund-raising, charitable, or religious events. Such temporary signs shall be permitted in all districts, for a period of 30 days prior to the particular event. They shall be removed within seven days subsequent to the event by the respective organizations. Such signs shall not exceed 16 square feet and no side of any sign shall be more than six feet in any linear dimension.
B.
Temporary political signs. Temporary political signs shall be permitted in all districts for a period of two months prior to a primary, general and/or special election and for one week thereafter. Said signs shall not exceed 16 square feet and no side of any sign shall be more than six feet in any linear dimension.
C.
Temporary signs containing noncommercial messages. Temporary signs in addition to those set forth in Subsections A, B and D hereof shall be permitted in all districts, provided that they do not advertise, promote, or indicate the location of any business, commodity, service, or entertainment or contain other commercial information. No more than one such sign shall be placed on any one lot, and the total square footage of the sign shall not exceed 16 feet. Signs permitted by Subsections A and D hereof shall not be treated as signs coming within the purview of this section.
D.
Temporary signs, real estate, and development. Such temporary signs shall be permitted in applicable districts according to the criteria stipulated in Table A, Temporary Real Estate and Development Sign Regulations.
TABLE A Temporary Real Estate and Development Sign Regulations | ||||
|---|---|---|---|---|
Permitted Sign Area | ||||
Sign Type Sign Function/Control | Residential Projects | Non- Residential Projects | ||
T-A: Identifies architects, engineers, contractors, developers doing work on the site. Remove when work ceases or is abandoned according to N.J.A.C. 5:23-2.15, or a final CO for total project is issued. | 4 sf per entity or if all such entities are combined on one sign, it shall not exceed 36 sf | |||
T-B: Real estate signs on individual properties for sale, rent or lease. Removed when property withdrawn from market or within one week of date of sale/rental agreement. | 12 sf | 32 sf for initial occupancy 12 sf for subsequent occupancy | ||
T-C: Identifies non- residential project under construction, open- ing date for occupancy. Removed within one year of issuance of sign permit or at time of final CO, whichever comes first. One per lot or one per existing road frontage. | N/A | 32 sf | ||
T-D: Identifies new housing development under con- struction. Removed when 90% of all initially approved lots or units are sold. One per tract or one per existing road frontage. | 32 sf plus 20 sf in connection with and on same lot as sales office | |||
NOTES: | |
|---|---|
For nonresidential projects only, all temporary signs T-A to T-C, as appropriate, may be combined into one sign not exceeding the sum of individual sign areas. | |
State/federal agency financing signs are exempt. | |
Signs may be two-sided, perimeter not to exceed individual sign area or if combined onto one sign, total area of sign. | |
Sign height and location as stipulated for permanent signs per Part 3, Site Plan. |
§ 90-5.12 Planning/Zoning Board jurisdiction.
In this chapter, any reference to the "Planning/Zoning Board" shall be considered to refer to the Zoning Board of Adjustment in those instances where the Zoning Board of Adjustment has jurisdiction as granted by the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.) and vice versa.
§ 90-5.13 Prohibited uses.
A.
No building may be erected, altered or used, and no lot or premises may be used in, or within 100 feet of a residence district for any use which is noxious or offensive by reason of odor, dust, vibration, illumination or noise, or which constitutes a public hazard whether by fire, explosion or otherwise. In a commercial or manufacturing district, no noxious, offensive or hazardous use shall be permitted. In order to ensure that adequate safeguards are provided and in order to determine whether a use is injurious to the public health or safety, the Township may consult such official agencies or private experts as it deems necessary.
B.
The following uses are expressly prohibited in the Township: tourist cabins, auto courts, dog kennels, trailer parks, sanitary landfills, incinerators, the application of human waste or human excrement, or septage or sludge from human waste or human excrement by broadcast spreading, injection or any other method, unless expressly approved for the particular activity and structure by the appropriate federal, state, county or other agency which has exclusive jurisdiction over such operation.