This Part 1 shall be known and may be cited by the short form title of "Holland Township Zoning Ordinance (1977)"

The purpose of this Part 1 is to regulate and establish a pattern for the nature and extent of the uses of land and of buildings and structures thereon. It is enacted pursuant to the Municipal Land Use Law (N.J.S.A 40-.55D-1 et seq.) in order to promote the public health, safety, morals and general welfare This Part 1 is intended to regulate the use of land within zoning districts, secure safety from fire, flood, panic and other natural and man-made disasters, provide adequate fight, air and open space, limit and restrict buildings and structures to specified districts and regulate buildings and structures according to their type and the nature and extent of their use and regulate the nature and extent of the use of land for trade industry. residence, open space or other purposes regulate the bulk, height, number of stores and size of buildings and other structures, the percentage of lot or development area that may be occupied by structures, lot sizes and dimensions; avoid a conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole; promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities and regions and the preservation of the environment, provide sufficient space in appropriate locations for agricultural, residential, recreational, commercial and industrial uses and open space; encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging the location of such facilities and routes which result in congestion or blight; promote a desirable visual environment; and promote the conservation of open space and valuable natural resources and prevent urban sprawl and degradation of the environment through improper use of land.

The township shall be divided into eight (8) types of districts or zones which shall be differentiated according to use and other standards and which shall be known and designated as:

R-5 Residential District

R-l Residential District

VR Village Residential District

MFR Multifamily Residential District

COM Commercial District

PCD/PSV Planned Commercial Development/Planned Senior Village Development District

**Webmasters Note: The previous district has been amended as per Ordinance No. 2000-5.

IND Limited Industrial Park District

FL Flood Hazard District

**Webmaster's Note: The previous section has been amended as per Ordinance No. 1998-9.

A. The boundaries of these districts, except as stated below in this section, are hereby established as shown on a map entitled the "Holland Township Zoning Map, August, 1998" which accompanies and is hereby made part of this Part 1.

1. The Boundaries of the FL Flood Hazard District are hereby established in a report and accompanying maps referred to in § 10097 of this Part 1.

B. Where there is uncertainty as to the boundaries of any of the districts as shown on the aforesaid map entitled the "Holland Township Zoning Map, August, 1998," the following shall apply with reference to all districts except the FL Flood Hazard District:

1. The boundary lines of these districts, are intended to follow street center lines and lot or property lines as they exist at the time of the enactment of this Part 1 or any amendment of it wherein the Zoning Map was changed, unless otherwise indicated by dimensions on said Zoning Map.

2. Questions concerning the exact location of district boundary lines shall be determined by the Board of Adjustment in accordance with rules and regulations which may be adopted by its as hereinafter provided.

**Webmaster's Note: The previous section has been amended as per Ordinance No. 1998-9.

C. Any reference on a zoning map to a PCD or Planned Commercial Development District is deemed to be changed to PCD/PSV and Planned Commercial Development/Planned Senior Village Development District.

**Webmasters Note: The previous subsection has been added as per Ordinance No. 2000-5.

Land located in the FL Flood Hazard Districts is also located in another district as shown on the map entitled the "Holland Township Zoning Map, August, 1998." Such land, the use thereof and buildings and structures thereon, shall be subject to regulations contained in this Part 1 for both the FL Flood Hazard District and the other district shown on such map, and, where the regulations for such districts overlap or conflict, the more stringent restrictions shall apply.

**Webmaster's Note: The previous section has been amended to as per Ordinance No. 1998-9.

Certain words and phrases in this Part 1 are defined for the purposes hereof as follows:

ACCESSORY USE, BUILDING OR STRUCTURE - A use, building or structure on the same lot with, and of a nature incidental and subordinate to, the principal use or structure

ACCESSWAY - An area intended to be used, and suitable for use, to give access to motor vehicles to the street from a lot and to a lot from a street.

ASSISTED LIVING RESIDENCE - A residential facility licensed by the New Jersey Department of Health in accordance with NJAC 8:36 to provide apartment-style housing and congregate dining and to ensure that assisted living services, as defined at NJAC 8:33H1.2, are available when needed to four or more adult persons unrelated to the proprietor. Each apartment in an assisted living facility shall have, at a minimum, one unfurnished room, a private bathroom, a kitchenette, and a lockable door on the unit entrance.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-5.

BUILDING - Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal or chattel.

DISTRICT - A district or zone referred to in § 100-3 of this Part 1.

DRIFTWAY - A roadway, thoroughfare, place or passageway sufficiently wide to accommodate motor vehicular traffic (including emergency vehicles), which is not a street as defined herein, but which, prior to March 7, 1953, has become established for use by owners of abutting land having no frontage on any existing state, county or municipal roadway for ingress and egress over the property of others, between a public roadway and the abutting properties. For the purposes of this Part 1, a private lane situated entirely on a single property shall not be considered to be a "driftway." [Amended 9-5-78]

DWELLING - A building containing one (1) or more dwelling units and being detached, that is, having no wall or walls in common with an adjacent dwelling or dwellings.

DWELLING, SINGLE-FAMILY - A dwelling containing no more than one (1) dwelling unit.

DWELLING UNIT - One (1) room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure and containing independent cooking and sleeping facilities.

FAMILY - One (1) or more persons living as a single, nonprofit housekeeping unit as distinguished from individuals or groups occupying a hotel, fraternity or sorority house. The family shall be deemed to include foster children and necessary servants when such children and servants share the common housekeeping facilities and services, but shall not include more than four (4) boarders, roomers or paying guests.

GROUP HOME - As used herein, the term "group home" refers to an alternative living arrangement (also defined in N.J.A.C. 5:93-1.6) in which separate individuals or households live in distinct bedrooms yet share kitchen and some or all plumbing facilities, central heat and common areas. The term "group home" may include such uses as Class A, B, C, D, and E boarding homes as regulated by the New Jersey Department of Community Affairs, residential health care facilities regulated by the New Jersey Department of Health and community residences for the developmentally disabled, victims of domestic violence, persons with head injuries and the terminally ill.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 2000-5.

HABITABLE FLOOR AREA - The total floor area of those portions of any dwelling unit used as living space, including kitchens, living and dining rooms, baths and bedrooms and hallways, but not including cellars, porches or attics, except expansion attics which may be finished to provide additional rooms without structural alterations to roofs or exterior walls.

HEIGHT OF BUILDINGS - Unless otherwise specified in this Ordinance, the height of buildings shall be measured from the average elevation of the ground level at the foundation of the building to the highest point of the highest ridgeline of the roof.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-5.

HOME OCCUPATION [Amended 11-4-1981 by Ord. No. 81-16; 12-19-1989 by Ord. No. 1989-13; 3-20-1990 by Ord. No. 1990-3] - A legal occupation conducted within a dwelling used as such, and/or in other existing buildings on a lot whose principal use is for residential purposes, provided that:

A. The occupation is carried on solely by the residents of such dwelling for financial or other renumeration as a use clearly incidental to and secondary to the residential use of the dwelling for domestic housekeeping and involves the employment of no person in such occupation who does not reside in such dwelling.

B. Not more than twenty-five percent (25%) of the total floor area of such dwelling shall be devoted to such occupation and at least one thousand (1,000) square feet of such dwelling remains for domestic housekeeping after twenty-five percent (25%) has been deducted. [Multiple home occupation may be permitted, provided that the minimum of one thousand (1,000) square feet remains and the limitation of twenty-five percent (25%) is not exceeded by all such occupations.] Provided that the foregoing provisions of this Subsection B are met, a 'home occupation" may also be conducted in a garage (whether or not attached to the house) or in any already existing building which is not a dwelling on the lot No new building or addition to an existing building shall be constructed and utilized for a 'home occupation." In calculating the floor area of the dwelling, for the purposes of this Subsection B, the area of any attached garage shall not be included.

C. There shall be no display of goods offered for sale in connection with such occupation which is visible from any street or adjoining lot, except as is permitted in § 100-45E.

D. No power equipment which is used to fabricate or manufacture a product for sale shall be used in such employment or occupation. (This shall not be construed to mean usual office equipment, such as typewriters, photocopiers and the like, which produce letters, reports, etc.) Also, no equipment or process shall be used in such employment or occupation which creates noise, vibration, glare, flames, odors or electrical interference detectable to the normal senses off the lot; and in the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the lot or causes fluctuations in line voltage off the lot No trucks or mechanized construction or earth moving equipment used in such employment or occupation shall be parked or kept on the lot; provided, however, that no more than two (2) motor vehicles, which may be automobiles or pickup, panel or van-type trucks which do not exceed two thousand (2,000) pounds capacity, may be parked or kept on the lot when used in connection with a home occupation conducted from the lot

E. The dwelling in which said occupation is carried on shall retain an exterior which is characteristic of a building used for residential purposes. No structural changes to accommodate the "home occupation' shall be permitted, unless such changes are customary and normal for a dwelling used for residential purposes.

LOT - An integral parcel or plot of land or contiguous integral parcels or plots of land, under the same ownership, which are not separate subdivision lots of record

LOT AREA - The total horizontal area included within lot lines Where the front lot line is the center line of a street or lies in part or in whole in the street area, the "lot area" shall not include that part of the lot in use or to be used as the street.

LOT, CORNER - A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a 'corner lot" if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees (135).

LOT DEPTH - The shortest horizontal distance between the front lot line (street line) and a line drawn parallel to the front lot line through the midpoint of the rear lot line. [Amended 9-15-87 by Ord. No. 1987-9]

LOT FRONTAGE - That portion of a lot extending along the street line. (See also the definition of 'lot width.") [Amended 9-15-87 by Ord. No. 1987-9]

LOT WIDTH - The straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required setback line; provided, however, that the width of the lot between side lot lines at their foremost points (along the lot frontage) shall not be less than eighty percent (80%) of the required lot width except in the case of lots on the turning circle of a cul-de-sac, where the lot frontage shall be at least fifty (50) feet [Amended 9-15-87 by Ord. No. 1987-9]

NONCONFORMING STRUCTURES AND USES - Any nonconforming use or structure existing at the time of the passage of an ordinance may be continued upon the lot or in the structure so occupied, and any such structure may be restored or repaired in the event of partial destruction thereof.

OFF-STREET LOADING SPACE - Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required 'off-street loading space' is not to be included as off-street parking space in computation of required off-street parking space

OFF-STREET PARKING SPACE - A space adequate for parking an automobile with room for opening doors on both sides, which space shall be a minimum of ten (10) feet wide and twenty (20) feet deep, together with properly related access to a street and maneuvering room. For purposes of rough computation, an "off-street parking space" and necessary access and maneuvering room may be estimated at three hundred (300) square feet, but off-street parking requirements will be considered to be met only when actual spaces meeting the requirements above are provided and maintained, improved in a manner appropriate to the circumstances of the case and in accordance with the requirements of this Part 1 and all ordinances and regulations of this township

OVERSIZED VEHICLE - A truck or other vehicle having either a total combined gross weight of vehicle plus load in excess of thirteen (13) tons or an extreme overall length in excess of twenty-three (23) feet, or both

PLANNED COMMERCIAL DEVELOPMENT . Development on a tract of at least forty (40) acres but not more than fifty (50) acres, which shall be developed and used according to a plan as a single entity, containing as its principal use one (1) or more shopping villages with appurtenant common areas to accommodate, as principal uses, only the principal uses described in § 100-74A through F hereof, and required common open space [Added 4-21-1993 by Ord. No. 1993-4]

PLANNING BOARD OR BOARD OF ADJUSTMENT The proper municipal agency, be it the Planning Board or Board of Adjustment, to review or approve the particular application for development involved, pursuant to the Municipal Land Use Law and the Holland Township Development Regulations Ordinance (1977), notwithstanding the actual wording of this Part 1.

PRINCIPAL BUILDING OR STRUCTURE - A building or structure primarily devoted to a principal use.

PRINCIPAL USE - A main use, a use which is not incidental or subordinate to another use on the same lot

SENIOR CITIZENS APARTMENTS WITH SUPPORTIVE SERVICES - Separate dwelling units reserved for occupancy be persons 62 years of age or older, which dwelling units may be located within one or more buildings, each containing a minimum of twenty (20) similar units, or in the same building(s) with assisted living units, wherein common facilities and a range of supportive personal and/or medical care services may be provided. Senior citizens apartments with supportive services may have access to and the use of congregate dining, laundry and social facilities, provided each such dwelling unit has its own separate complete kitchen and full bath, a door that is lockable from the inside and at least 300 square feet of clear floor area within the confines of the dwelling unit itself.

**Webmasters Note: The previous definition has been added as per Ordinance No. 2000-5.

SETBACK LINE - A line within any lot, parallel to any street lines and measured perpendicularly from the street line, within which no building or part thereof may be erected except as provided in this Part 1. [Amended 9-15-1987 by Ord. No. 1987-9]

SHOPPING VILLAGE - Two (2) or more attached or detached retail commercial and/or office buildings, constructed on a lot and sharing common parking, loading areas and open space, and having as a principal use one (1) or more uses described in § 100-74A through F hereof [Added 4-21-1993 by Ord. No. 1993-4]

SIGN - Any device designed to inform or attract the attention of persons not on the premises on which the sign is located, provided, however, that the following shall not be included in the application of the regulations herein

A.Signs not exceeding one (1) square foot in area and bearing only property numbers, postbox numbers, names of occupants of premises or other identification of premises not having commercial connotations

B. Flags and insignia of any government except when displayed in connection with commercial promotion

C. Legal notices identification, informational or directional signs erected or required by governmental bodies

D.Integral decorative or architectural features of buildings, except letters, trademarks, moving parts or moving lights

SPECIAL EXCEPTION, SPECIAL EXCEPTION USE OR SPECIAL EXCEPTION USE PERMIT - Conditional use or conditional use permit pursuant to the Municipal Land Use Law and the Holland Township Development Regulations Ordinance (1977), notwithstanding the actual wording of this Part 1.4

STREET - Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway, or which is shown upon a plat heretofore approved pursuant to law, or which is approved by official action as provided by the Municipal Land Use Law, or which is shown on a plat duly filed and recorded in the Hunterdon County Clerk's office prior to the appointment of a Planning Board for the township and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines

STREET LINE - The dividing line between the lot and the street, or the street right-of-way line running across the lot where the lot extends into the street

STRUCTURE - Anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground Among other things, "structures" include buildings, swimming pools, mobile homes, billboards and poster panels, but shall exclude fences, posts, wires and their supporting poles or frames of electric or telephone utilities or other service facilities and school-bus waiting shelters whose location and design have been approved before erection by the Board of Education of the Township of Holland The word "structure' includes "buildings "

TRACT - An area of land composed of one (1) or more lots adjacent to one another, having sufficient dimensions and area in the aggregate to make one (1) integral parcel of land meeting the requirements of this Part 1 for the use(s) intended. With respect to a planned commercial development, the term "tract" shall refer to the whole of land area constituting the planned commercial development, having an area within the parameters referred to in the definition of planned commercial development [Added 4-21-1993 by Ord. No. 1993-4]

TRACTOR AND TRAILER - (As defined in said Title 39j shall be considered as separate vehicles unless they are joined to one another

USE - The purpose for which land or a structure thereon is designed, arranged or intended or for which it is or may be occupied or maintained.

YARD - A required open space unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward, except as otherwise permitted by this Part 1, provided, however, that fences, walls, poles, posts and other customary yard accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility

YARD, FRONT - A yard extending between side lot lines across the front of a lot adjoining a street

YARD, REAR - A yard extending across the rear of the lot between inner side yard lines

YARD, SIDE - A yard extending from the rear line of the required front yard to the rear lot line or, in the absence of any clearly defined rear lot line, to the point on the lot farthest from the intersection of the lot line involved with the street

Any words or phrases, used herein, but not specifically defined above, shall if defined in Part 2 of this Chapter 100, have the definition set forth in such Part 2, or if not defined in such Part 2 but defined in the Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.), have the definition set forth in that Law.

**Webmaster's Note: The previous subsection has been amended as per Ordinance No. 1998-9.