Article V - Zoning
30-121 DIVISION INTO DISTRICTS.

The Township is divided into zoning districts as enumerated below and as shown on the Zoning Map. (1976 Code § 78-72; Ord. No. 3-82)

30-122 ZONING MAP.

30-122.1 Zoning Map Adopted.



Except as set forth hereinafter to the contrary, the boundaries of zoning districts are established on the map entitled "Official Zoning Map" dated March 1, 2007, which accompanies and is made part hereof.

a. Amendments.

1. The "Official Zoning Map" is amended to reflect the Route 35 Highway Overlay Zone as depicted on Schedule A, the Route 35 Overlay District Map, found at the end of this chapter. (Ord. No. 2013-32)

2. Chapter 30, Development Regulations, shall be amended to create the AH-MF overlay zone, Block 52, Lots 17 and 18. (Ord. No. 2015-14) (1976 Code § 78-73; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 85-18; Ord. No. 86-28; Ord. No. 8-32; Ord. No. 90-30; Ord. No. 94-5; Ord. No. 94-16; Ord. No. 94-25; Ord. No. 95-22 § V; Ord. No. 95-24 § II; Ord. No. 95-27; Ord. No. 96-3 § II; Ord. No. 97-9 § I; Ord. No. 97-28 § I; Ord. No. 97-29 § I; Ord. No. 98-4 § I; Ord. No. 2000-03 § I; Ord. No. 2005-12 § II; Ord. No. 2005-32 § XV; Ord. No. 2006-18 § I; Ord. No. 2007-02 § I; Ord. No. 2010-13; Ord. No. 2013-32; Ord. No. 2015-14)

30-122.2 Redevelopment Plans.

a. Ordinance No. 2010-13.

b. Ordinance No. 2012-12. Pursuant to N.J.S.A. 40A:12A-7c, the Holmdel Township Zoning Map is hereby amended to identify the redevelopment area in the manner depicted in the Alcatel-Lucent Redevelopment Plan.

c. Ordinance No. 2015-13 amended the Alcatel-Lucent Redevelopment Plan, Section 1F.

30-123 INTERPRETATION OF DISTRICT BOUNDARIES.

a. Zoning district lines are intended to follow lot lines and the center lines of streets, streams and railroads unless otherwise indicated by dimensions on the Zoning Map. Any disputed zoning district shall be determined by the Board of Adjustment.

b. If a zoning district line divides a lot, the use of one (1) district may be extended into the other for a distance no greater than fifty (50) feet, provided that the property line lies within fifty (50) feet. The permitted uses of the extended district shall be permitted in the extended area.

c. Where a street or public way serves as the zoning district line and it is lawfully vacated, the former center line shall be the zoning district line. (1976 Code § 78-74; Ord. No. 3-82)

30-124 PROHIBITED USES.

All uses not expressly permitted in this chapter are prohibited. (1976 Code § 78-75; Ord. No. 3-82)

30-125 CONTINUATION OF EXISTING USES.



Any use, building or structure lawfully existing at the time of the enactment of this chapter may be continued even though such use, building or structure may not conform with this chapter. (See Section 30-78.) (1976 Code § 78-76; Ord. No. 3-82)

30-126 EXCEPTIONS.

Exceptions to the zoning provisions are as follows. (See also Section 30-30.)

a. Height. Nonresidential roof peaks having no functional use (such as storage, office or retail use); but which are solely for aesthetic and architectural purposes, in addition to roof structures, such as elevators, tanks, ventilating fans, air-conditioning equipment, solar panels, fire or parapet walls, skylights, cupolas, steeples, as well as flagpoles, chimneys, smokestacks, silos, radio and television towers or similar structures, may be erected no more than twenty-five (25%) percent above the height limits of this chapter or fifteen (15) feet above the height of the building to which it is attached, whichever is shorter, except that spires, steeples, water towers and commercial radio and television towers shall have no height restrictions other than to be set back from any property line one and two-tenths (1.2) times their height.

b. Lot Area. (See Sections 30-71 and 30-78.)

c. Flag Lots.

1. Flag lots are permitted only in the R-40A District and shall have access only to an improved, new secondary local street. The purpose of this district is to allow flag lots as part of major subdivisions in limited circumstances and, as the exception, not the rule, to gain access to difficult portions of a tract.

2. The body of the lot, exclusive of the access drive connecting it to the public road, has an area of at least two (2) acres.

3. The access drive has a width at the street line and along its full length of at least fifty (50) feet.

4. The access drive is reasonably suited for the construction and use of a private lane.

5. The proposed flag lot and access drive do not adversely affect the development of the remainder of the tract.

6. In the event an additional lot or use is proposed for service from such access drive, the owner of the access drive shall, at his expense, pave and improve it in accordance with Township standards regulating street construction. Such road improvements shall be made prior to the issuance of a building permit for the additional structure. (1976 Code § 78-77; Ord. No. 3-82; Ord. No. 99-2, § I; Ord. No. 99-24 § I)

30-127 RESIDENCE R-40A AND R-40B, RESIDENCE AND AGRICULTURE DISTRICTS .

30-127.1 Regulations.



Regulations for the R-40A and R-40B districts are as follows. (1976 Code § 78-78; Ord. No. 3-82; Ord. No. 86-28)

30-127.2 Purpose.

The purpose of the R-40A and R-40B districts is to zone existing low density areas in a manner consistent with existing development in the R-40A District. In the R-40B District, the lower density will reduce the overall impact of development consistent with the undeveloped, rural character of these areas and may be more consistent with the sensitivity of the soils for on-lot septic systems. The R-40B District is located so as to not impact on sites selected to meet the Township's lower income housing need. The design standards are intended to provide flexibility in design so that the vistas and views in the remaining undeveloped areas will be preserved as much as possible by locating homes over crests of hills, behind existing trees, or in other locations that will minimize the appearance of development. (1976 Code § 78-78; Ord. No. 3-82; Ord. No. 86-28)

30-127.3 Uses Allowed by Right.

NOTE: In all residential developments, allowance shall be made for participating in the production of lower income housing in accordance with Section 30-70 and subsection 30-127.6, both sections superseding any conflicting parts of this chapter.

a. In the R-40A and R-40B Districts, one (1) family detached dwelling with accessory buildings:

1. On lots conforming to this section; or

2. On flag lots. See subsection 30-126c.

b. Churches, public and private schools, libraries, firehouses, historical museums and private golf courses. No private golf courses shall be permitted unless the property constituting the course shall consist of at least one hundred (100) acres of land.

c. Agriculture and farms in general, including truck farms, dairy farms, horse farms, nurseries and fruit farms.

d. Buildings, structures and premises for use and occupancy by the Township for any municipal purposes. (1976 Code § 78-78; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 86-28)

30-127.4 Accessory Uses.

a. Accessory buildings incident to farms such as tenant houses, buildings for housing seasonal workers employed by the owner or operator of the farm, barns, packing, grading and storage buildings and buildings for the keeping of poultry and livestock, garage or garages for the keeping of equipment and trucks used in farm operation. In addition, housing of lower income farm employees may be permitted in mobile homes or in accessory buildings converted to one (1) or more dwelling units provided they are occupied by lower income persons who are full-time employees of the farm and provided there shall be no more than one (1) unit for every twenty (20) acres, up to a maximum of four (4) units per farm, and provided further that all water and service and sewage treatment facilities meet applicable codes and ordinances.

b. Accessory buildings incident to farms as defined above shall require application for and issuance of building permits but shall not be required to obtain site plan approval unless it is intended that the general public shall be invited to such building or buildings for the purpose of retail sales of goods or services.

c. Greenhouses, shade houses and lath houses.

d. Garage, toolshed, swimming pool and tennis court for residences.

e. Off-street parking and loading.

f. Farm Labor Housing. The existing property of approximately nine and one-half (9 1/2) acres, located on the east side of Cat Bird Alley, now owned by a nonprofit organization may be used for housing not exceeding one hundred (100) nonpermanent farm laborers with accessory buildings and for the storing of equipment, fertilizers, lime, crates, baskets, seeds, spray materials and other related items.

g. Devices that convert renewable solar energy into usable energy sources.

h. Retail farm markets in the R-40B District.

1. Temporary farm stands. (1976 Code § 78-78; Ord. No. 3-82; Ord. No. 84-7; Ord. No. 86-28; Ord. No. 97-35 §§ V, VI, VIII; Ord. No. 98-11 § 3; Ord. No. 2001-23 § 1)

30-127.5 Conditional Uses.

The following conditional uses are permitted subject to the provisions of Section 30-155:

a. Public utilities.

b. Wireless telecommunications antennas and towers.

c. Church or house of worship. (1976 Code § 78-78; Ord. No. 3-82; Ord. No. 86-28; Ord. No. 98-11 § 4; Ord. No. 2001-23 § 2; Ord. No. 2002-17 § 3; Ord. No. 2013-33)

30-127.6 Bulk and Design Requirements.

a. Single-family uses, churches, libraries, firehouses, public utilities and historic museums.

Single-Family, Non-Cluster Churches; Libraries; Firehouses; Public Utilities and Historic Museums

NOTE: Accessory buildings can conform to principal building setbacks, except that they shall be set back at least seventy-five (75) feet from any street line [sixty (60) feet for the cluster design] (See Section 30-105).

*On corner lots, setbacks shall be at least fifty (50) feet from both streets [forty (40) feet in the cluster].

**There shall be adequate area so vehicles may be turned around in the driveway and exit in a forward direction.

***Development of land in the R-40A District shall be permitted to have the density increased to a maximum of one (1.0) unit per acre. With any increase in density, the minimum lot size and other bulk and design requirements shall comply with the "single family cluster design" provisions in the above table. In exchange for any additional density bonus, the developer shall participate in the Township's lower income housing program by making a cash contribution to the Township's escrow fund in accordance with the standards in Chapter XIV of the Township Code.

In addition, the development of land identified as R-40A(2) may be developed at up to four (4.0) units per acre provided the developer includes at least half the total number of units as townhouses, and provided further the developer participates in the development of lower income housing in accordance with Chapter XIV by donating cash.

The amount of cash contribution shall be equivalent to six (6%) percent of the sales price of each dwelling unit at the time of the issuance of the first certificate of occupancy for that unit in the development payable to the Township in accordance with Chapter XIV. In the event no sale takes place or in the event the sales price does not reflect the fair market value to the satisfaction of the Township, then the payment of the six (6%) percent shall be established on the fair market value of that dwelling unit at the time of the issuance of the first certificate of occupancy on the unit.

+Where driveways exceed an eight (8%) percent slope, at least two (2) additional off-street parking spaces shall be provided near the street.

b. Farms and nursing homes: a five (5) acre minimum, excluding the house, with a minimum lot width and depth of three (300) hundred feet. Maximum building coverage shall be fifteen (15%) percent. Maximum building height shall be thirty (30) feet, except barns shall not exceed fifty (50) feet. Minimum setbacks shall be one hundred (100) feet from all property lines.

c. Public and private schools: twenty (20) acres with minimum lot width and depth of five hundred (500) feet. Minimum setbacks shall be one hundred (100) feet from all property lines. Maximum building height shall be thirty (30) feet.

d.-f. Reserved.

g. Vehicle Storage. Overnight open storage or parking of farm vehicles and any and all types of farm equipment shall not be permitted within fifty (50) feet of the right-of-way line of any public streets or roads.

h. Greenhouses and other similar structures may be installed on any farm, provided that they shall conform to a setback requirement of not less than seventy-five (75) feet from any front lot line and not less than twenty-five (25) feet from any side or rear lot line. Neither a building permit nor site plan approval shall be required in connection with the installation of greenhouses on a farm. Shade houses and lath houses shall also be permitted on a farm, provided that they conform with the setback requirements of this subsection. (1976 Code § 78-78; Ord. No. 3-82; Ord. No. 20-82; Ord. No. 21-83; Ord. No. 85-12; Ord. No. 86-28; Ord. No. 97-2 § II; Ord. No. 97-35 § VIII)

30-127.7 Reserved.

30-128 R-4H HAMLET CONSERVATION DISTRICT.

30-128.1 Regulations.

Regulations for the R-4H Hamlet Conservation District are as follows. (Ord. No. 2005-32 § XVI)

30-128.2 Purpose.

a. To provide for the appropriate use and development of land by providing a suitable transition from the historic hamlet of Holmdel Village to the Willow Brook.

b. To promote a desirable visual environment and good civic design and arrangements by regulating building type, street design, and open space, by encouraging buildings to face greens, and by encouraging creative development techniques to preserve natural and scenic resources.

c. To promote the conservation of open space and natural resources by concentrating development in the most suitable portions of the district while preserving contiguous environmentally sensitive lands in their undeveloped state.

d. To prevent urban sprawl and degradation of the environment by encouraging development that respects its environmental and historical setting, is properly sited so as to protect natural resources, and provides for natural stormwater management.

e. To ensure that development in the R-4H District preserves wetlands, wetland buffers, steep slopes, stream corridors, existing forested areas, significant trees, specimen trees, historic sites and structures, and scenic views of open space from public rights-of-way. (Ord. No. 2005-32 § XVI; Ord. No. 2006-19 § XI)

30-128.3 Overall Development Parameters.

The following development parameters shall be applicable to the entire R-4H District:

a. The district shall be subdivided into individual building lots. Except for lots with governmental, recreational, nonresidential or mixed uses, and except where otherwise provided in Section 30-61, a maximum of one principal building shall be permitted on each lot.

b. Principal buildings are permitted only in those locations shown in the Master Plan. The Master Plan indicates which building types are allowed in which areas of the R-4H District. These guidelines must be followed, with the following exceptions:

1. Municipal and farm buildings may be located in areas not shown on the Master Plan.

2. Residential dwellings may be located within residual dwelling site areas within tracts subject to farmland easements, subject to the provisions of Section 30-58B.

3. Areas designated in the Master Plan for nonresidential or mixed-use buildings may instead be developed with Hamlet Estate Houses.

c. Each principal building shall be required to have an individual subsurface septic facility located on the same lot as the building it serves. Public sewer systems, package treatment plants, and other communal means of sewage treatment shall be prohibited.

d. Each principal building lot shall be of sufficient size and proper layout to accommodate an individual subsurface septic facility which complies with all applicable requirements.

e. Residential clustering shall be required for all dwellings in accordance with the parameters defined in this section, and subject to the minimum and maximum lot sizes for each building type in Section 30-61. (Ord. No. 2005-32 § XVI; Ord. No. 2005-38 § VI; Ord. No. 2006-19 § XI)

30-128.4 Buildings and Uses Allowed by Right.

The following buildings and uses are allowed by right within the R-4H District in the locations shown in the Master Plan. Development parameters for each building type are set forth in Section 30-61, Building Types.

a. Hamlet estate houses containing one (1) single-family residence within each principal building, in the locations shown in the Master Plan.

b. Parks.

c. Outdoor active recreation facilities.

d. Reservation areas.

e. Preservation areas.

f. Buildings, structures and premises for use by the Township for any municipal purpose.

g. Farming and agriculture.

h. A single-family residential dwelling within a residual dwelling site area, subject to the requirements of Section 30-58B, and provided that not more than one (1) residual dwelling site area shall be permitted within the R-4H District. (Ord. No. 2005-32 § XVI; Ord. No. 2005-38 § VII; Ord. No. 2006-19 § XI)