Township of Hamilton, NJ
Atlantic County
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Table of Contents
Table of Contents

§ 203-11 Zoning districts enumerated.

[Amended 7-7-1997 by Ord. No. 1261-97; 11-5-2001 by Ord. No. 1417-2001; 12-5-2006 by Ord. No. 1579-2006; 10-15-2007 by Ord. No. 1608-2007; 7-12-2010 by Ord. No. 1673-2010]
The following districts have been established in conjunction with the uses set forth in this chapter and in order to implement the goals and objectives of the Pinelands Comprehensive Management Plan and to regulate and limit the type and location of uses and the density and intensity with which lands are to be utilized.
District
District Symbol
Agricultural
AG
Forest Areas
FA-10, FA-25, FA-70
Rural Development
RD-1, RD-2.5, RD-4, RD-5, RD-20
Residential
R-22, R-9
Growth Area — Intensive
GA-I
Growth Area — Moderate
GA-M
Growth Area — Low
GA-L
Recreational Commercial
RC
Design Commercial
DC
Highway Commercial
HC
Neighborhood Commercial
NC
General Commercial
GC
Existing Commercial
EC
Planned Commercial Development
PCD
Industrial Business Park
IBP
Planned Adult Community
PAC
Federal Aviation Administration Technical Center[1]
FAATC
Village Commercial
VC
Planned Village Development
PVD
Old Harding Highway Redevelopment Area
OHHRA
[1]
Editor's Note: The former entry for Rural Development/Reserve Growth District (RD/RGD), which immediately followed this entry, was repealed 11-19-2007 by Ord. No. 1613-2007.

§ 203-12 District boundaries; Zoning Map.

A. 
All areas within the boundaries of Hamilton Township have been assigned to a zoning district. Zoning district boundaries established by this chapter are shown upon the Zoning Map, which, together with all explanatory matter thereon, is declared to be a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office of the Township Clerk, where it may be examined during regular business hours.
B. 
The Zoning Maps shall consist of the following:
[Amended 7-7-1997 by Ord. No. 1261-97; 8-3-2009 by Ord. No. 1655-2009]
(1) 
Zoning Map, scale one inch equals 2,000 feet, dated March 28, 2008, last revised to August 3, 2009.[2]
[2]
Editor’s Note: Ordinance No. 1673-2010, in adopting the Old Harding Highway Redevelopment Plan, provided that the maps listed in Subsection B(1) and (2) be amended to reflect the redevelopment area; see § 245-6. See also § 245-12B. This map was also amended 6-18-2012 by Ord. No. 1722-2012 to change the zoning designation of Block 1319.
(2) 
Zoning Map, Map 3 of 3, scale one inch equals 400 feet, last revised to August 3, 2009 (Mays Landing Area).[3]
[3]
Editor’s Note: Ordinance No. 1673-2010, in adopting the Old Harding Highway Redevelopment Plan, provided that the maps listed in Subsection B(1) and (2) be amended to reflect the redevelopment area; see § 245-6. See also § 245-12B.
(3) 
Zoning Map, Map 3, scale one inch equals 2,000 feet, last revised March 9, 1991 (Pinelands Management Area).
(4) 
Zoning Map, Map 5, scale one inch equals 2,000 feet, last revised April 12, 1996 (Historic Areas Map).

§ 203-13 Determination of district boundaries.

Where uncertainty exists with respect to the boundaries of the various districts as shown on the Zoning Map, which is made a part of this chapter,[1] the following rules apply:
A. 
Unless otherwise shown, the district boundary lines shall be construed to coincide with the center lines of streets, alleys, parkways, waterways and such lines extended.
B. 
Where district boundaries are not otherwise indicated and where the property has been or may hereafter be divided into blocks and lots, the district boundaries shall be construed to be the rear or side lines, and where the districts designated on the Zoning Map are bounded approximately by the rear or side lines, the rear or side lines shall be construed to be the boundary of this district unless the boundaries are otherwise indicated on the Zoning Map.
C. 
Where a district boundary does not coincide with the location of streets, alleys, waterways, rights-of-way or lot lines, the district boundary shall be determined by the use of the scale shown on the Zoning District Map.
[Added 7-7-1997 by Ord. No. 1261-97]
D. 
Except in the Pinelands Area, when a lot held in one ownership on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the less restrictive district, except when the district boundary line in question is the Historic District boundary, in which case the entire lot shall be construed to lie within the Historic District.
[Added 7-7-1997 by Ord. No. 1261-97]
E. 
In the Pinelands Regional Growth Area, when a lot with one ownership on the effective date of this chapter is split between two residential zoning districts (R-9, R-22, GA-L, GA-M or GA-I), the entire lot shall be construed to be within the less restrictive district, except when the district boundary line in question is the Historic District Boundary, in which case the entire lot shall be construed to be in the Historic District.
[Added 7-7-1997 by Ord. No. 1261-97]
F. 
In the event of subdivided property or questions on the exact location of any boundary line, the determination of the Planning Board shall prevail. (The Board's members will be guided by the narrative description of district boundaries on file in the Clerk's office.)
[Amended 7-7-1997 by Ord. No. 1261-97]
[1]
Editor's Note: The Zoning Map is on file in the office of the Township Clerk, where it may be examined during regular business hours.

§ 203-14 Official Map.

A. 
Establishment of an Official Map. The Township Committee may, by ordinance, adopt or amend an Official Map of Hamilton Township which shall reflect the appropriate provisions of the Municipal Master Plan. The Township Committee may adopt an Official Map or amendment or revision thereto which, in whole or in part, is inconsistent with the appropriate designations in the subplan element of the Master Plan only by an affirmative vote of a majority of its full authorized membership, with the reasons for so acting recorded in the minutes when adopting the Official Map. Prior to the hearing on the adoption of any Official Map or any amendment thereto, the Township Committee shall refer the proposed Official Map for amendment to the Planning Board, which shall make and transmit to the Township Committee within 35 days after referral a report, including recommendations concerning the proposed Official Map or amendment or revision. The Township Committee, when considering the adoption of the map or any revisions or amendments thereto, shall review the report of the Planning Board and may disapprove or change any recommendation by a vote of a majority of its full authorized membership and shall record in its minutes the reasons for not following such recommendations. Failure of the Planning Board to transmit its report within the thirty-five-day period provided herein shall relieve the Township Committee from the requirements of this subsection in regard to the proposed Official Map or Official Map amendment or revision referred to the Planning Board.
B. 
Effect on Official Map.
(1) 
The Official Map shall be deemed conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood-control basins and public areas, whether or not such streets, ways, basins or areas are improved or unimproved or are in actual physical existence. Upon receiving an application for development, the township may reserve for future public use the aforesaid streets, ways, basins and areas in the manner provided in Article XII, Subdivision, Site Plan and Conditional Use Approval, for the reservation of public areas.
(2) 
Following the adoption of the Official Map or any amendment or revision thereto, no permit for any building or structure in the bed of any street, drainageway, flood-control basin or public area shown thereon shall be issued by any official, board or agency of the township unless an Official Map variance has been authorized and the issuance of such permit has been directed pursuant to this article.
(3) 
Following the adoption of the Official Map or any amendment or revision thereto, no permit for the erection of any building or structure shall be issued unless:
(a) 
The street as shown on the Official Map, as amended or revised, and improved in accordance with the requirements of this chapter, is access to such building or structure;
(b) 
A street so improved gives such access and is either an existing public street, a street shown on a plat approved by the Planning Board or a street shown on a plat duly filed with the Atlantic County Clerk prior to the adoption of any ordinance requiring approval of such plat by Hamilton Township; or
(c) 
A variance from such requirements has been granted and the issuance of such permit has been directed pursuant to this article.
(4) 
Public improvements shown on the Official Map, whether provided by a public agency or by a developer pursuant to this chapter, shall be laid out, designed, sized and installed as shown on the Official Map.

§ 203-15 Variances.

The Zoning Board of Adjustment may grant the following variances or relief from the application of this article upon the terms and conditions specified:
A. 
Variance to permit erection of a building or other structure within reserved public area. Whenever one or more parcels of land, upon which is located the bed of a mapped street or drainageway, flood-control basin or other public area reserved pursuant to Article XII, Subdivision, Site Plan and Conditional Use Approval, on the reservation of public areas, cannot yield a reasonable return for the owner unless a building permit is granted, the Zoning Board of Adjustment may, in a specific case, by an affirmative vote of a majority of the full authorized membership of the Board, erect the issuance of a permit for a building or structure in the bed of such mapped street or public drainageway or flood-control basin or public area which will, as little as practicable, increase the cost of opening such street or tend to cause a minimum change of the Official Map, and the Board shall impose reasonable requirements as a condition of granting the permit so as to promote the health, morals, safety and general welfare of the public.
B. 
Variance for relief to permit erection of a building or other structure which does not abut a street. Where the enforcement of this article requiring that no building permit be issued for any building or structure not abutting a street would entail practical difficulty or unnecessary hardship or where the circumstances of the case do not require the building or structure to be related to a street, the Zoning Board of Adjustment may, upon application or appeal, grant a variance from the application of this article and direct the issuance of a building permit for the proposed building or structure. Every such variance shall be so conditioned to assure that adequate access to such building or structure will be provided for fire-fighting equipment, ambulances and other emergency vehicles necessary for the protection of health and safety and so as to protect any future street layouts shown on the Official Map or on the general circulation plan elements of the Master Plan.
C. 
The Zoning Board of Adjustment shall not exercise the power otherwise granted by this section if the proposed development requires approval by the Planning Board of a subdivision, site plan or conditional use in conjunction with which the Planning Board has power to direct the issuance of a permit.
[Added 7-7-1997 by Ord. No. 1261-97]