[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repealed 11-19-2007 by Ord.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.
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)
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).
(5)
Pursuant to Ord. No. 1858-2017: Ch. 203, Article II, is amended by changing the zoning designation to the following parcels to the Zoning Maps listed in § 203-12.B(1) through (4) as follows:
[Added 10-16-2017 by Ord. No. 1858-2017]
|
Block Nos.
|
Lot Nos.
|
Current Zone
|
New Zone
|
|---|---|---|---|
|
744
|
3
|
GC
|
VC
|
|
979
|
1, 2, 3, 5
|
GA-L
|
VC
|
|
980
|
1
|
GA-L
|
VC
|
|
985
|
2, 3
|
R-9
|
VC
|
|
986
|
7, 8, 9
|
R-9
|
VC
|
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.
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.
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]
