Zoning in Cherry Hill

PLEASE NOTE THE BELOW INFORMATION WHICH I COPY & PASTED INTO THIS NOTE. IT RELATES TO THE PARAMETERS CH TOWNSHIP EXPECTS FOR ZONING AND NOTES WITH SPECIFICITY THE PARAMETERS AND HOW THEY RELATE TO KEEPING WITH THE EXPECTATIONS ALREADY CREATED IN CHERRY HILL TOWNSHIP. ONE CAN ONLY FOLLOW THE PARAMETERS AS SET BY THE TOWNSHIP AND FOR OUR LEADERS "TO SWITCH SHIPS" NOW WOULD BE INAPPROPRIATE.

PLEASE ESPECIALLY NOTE THE BOLD/ITALICIZED NOTATIONS FOR PARTICULAR ITEMS:

Community Development - Zoning

Zoning regulates land use by designating districts -- such as residential, business and industrial -- where specific uses are permitted and others prohibited. The idea is to avoid incompatible activities in proximity to one another and to enhance and preserve the livability of our community.

Zoning is an important way in which residents of the Township can work together to encourage beneficial land use patterns for the present and future occupants of Cherry Hill. Compliance by all can result in maintenance of a high quality of life, stable property values and physical integrity of the environment.

The Community Development Department issues zoning approvals for building homes, additions, decks, fences, pools, patios, sheds, ponds, and driveways. To be approved, applicants must provide a property survey and complete a zoning approval form. When a Business wants to locate within the Township, Community Development must also issue a zoning approval to occupy the facility. The proposed use of the facility/building is reviewed for consistency with the Township Zoning Ordinance. After review and approval from Community Development, applicants are required to apply with the Code Enforcement/Inspections Department.
Any questions concerning zoning classification, setback requirements, minimum lot requirements, permitted uses for a property, and zoning violations can be addressed to this department.
The Legal Basis for Zoning
In New Jersey, municipalities are given zoning authority by a state statute called "The Municipal Land Use Law" (MLUL). Local government may adopt a zoning ordinance and establish a Zoning Board of Adjustment to hear and decide variance requests and interpret the Zoning Ordinance.
The Municipal Land Use Law (NJSA 40:55D-2) lists the following purposes of zoning:

To encourage municipal action to guide the appropriate use or development of all lands in this State, in a manner which will promote the public health, safety, morals, and general welfare.

1. To secure safety from fire, flood, panic, and other natural and manmade disasters.
   
2. To provide adequate light, air, and open space.
   
3. To ensure that the development of individual municipalities does not conflict with the development and general welfare of neighboring municipalities, the county, and the State as a whole.
   
4. To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons, neighborhoods, communities, and regions, and preservation of the environment.
   
5. To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
   To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial, and industrial uses and open space, both public and private, according to their respective environmental requirements in order to meet the needs of all New Jersey citizens.
   
6. To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion or blight.
   
7. To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
   
8. To promote the conservation of historic sites and districts, open space, energy resources, and valuable natural resources in the State and to prevent urban sprawl and degradation of the environment through improper use of land.
   
9. To encourage planned unit developments which incorporate the best features of design and relate the type, design, and layout of residential, commercial, industrial, and recreational development to the particular site.
   
10. To encourage senior citizen community housing construction.
    
11. To encourage coordination of the various public and private procedures and activities shaping land development with a view of lessening the cost of such development and to the more efficient use of land.
    
12. To promote utilization of renewable energy resources.
    
13. To promote the maximum practicable recovery and recycling of recyclable materials from municipal solid waste through the use of planning practices designed to incorporate the State Recycling Plan goals and to complement municipal recycling.
    

Additionally, "the Supreme Court has stated that the preservation of the character of a neighborhood and conservation of neighborhood values are still proper zoning purposes." (1991 Edition New Jersey Zoning and Land Use 'Administration, by Wm. M. Cox, 7-2.1, p. 100)
Cherry Hill's Zoning Ordinance (Ord. 76-71)
There has been a zoning ordinance in the area now known as Cherry Hill since 1947. On several occasions, the ordinance has been redrafted to better meet the needs of the Township. The current Zoning Ordinance was drafted in 1976 and amended as needed.
The Township Zoning Ordinance (76-71) divides the Township into 18 zoning designations and addresses such items as: fences, swimming pools, decks, satellite dishes, sheds, storage of vehicles, cluster zoning, elderly and moderate priced housing, residential uses, institutional uses, office uses, business uses, industrial uses, flood plains, signs, parking requirements, buffers, open space, gasoline stations, garages, restaurants, plan review, and environmental impact statements.
Click here for the Township's Setback Schedule
The following briefly summarizes each zoning district.
Residential Zones
R-A RESIDENTIAL-AGRICULTURAL
This is the largest lot single-family residential zone in Cherry Hill. Minimum lot area is one acre. Additional permitted uses include accessory uses, public utility installations, sample houses for sale, churches and similar places of worship under certain conditions, and schools and institutions of higher education including parks.
RA-PC RESIDENTIAL-AGRICULTURAL PLANNED COMMUNITY
This zone is aimed at fostering orderly planned development. The planned community must contain at least 100 dwelling units and at least 100 contiguous acres, with a maximum gross density of 2 dwelling units per acre. Lot sizes and setbacks vary between R-1 and R-2 requirements. A shopping area may be included in the development. Additionally, a school and recreational site must be included in the planned community.
R-1 RESIDENTIAL
This is a single-family residential zone with minimum lot area requirements of 13,000 sq. ft. for inside lots and 15,000 sq. ft. for corner lots. Permitted uses are the same as in the R-A zone.
R-2 RESIDENTIAL
This is a single-family residential zone with minimum lot area requirements of 9,200 sq. ft. for inside lots and 10,350 sq. ft. for corner lots. Permitted uses are the same as in the R-A zone.
R-3 RESIDENTIAL
This is a single-family residential zone with minimum lot area requirements of 7,800 sq. ft. for inside lots and 9,750 sq. ft. for corner lots. Permitted uses are the same as in the R-A zone.
R-7 MULTI-FAMILY RESIDENTIAL
Townhouses and garden apartments at low densities are permitted. Projects must be developed on tracts of at least 10 acres, and the maximum average gross residential density is 7 units per usable acre.
R-8 MULTI-FAMILY RESIDENTIAL
Single family semi-detached dwellings are permitted. Maximum density is 8 dwelling units per acre. Minimum lot size is 5,000 sq. ft.
R-10 MULTI-FAMILY RESIDENTIAL
Townhouses and garden apartments at medium densities are permitted. Projects must be developed on tracts of at least 10 acres, and the maximum gross residential density is 10 units per usable acre.
R-20 HIGH-RISE RESIDENTIAL
High-density residential and accessory uses are permitted. Structures must have a maximum density of 20 dwelling units per usable acre, a minimum height of 6 stories and maximum height of 16 stories.
RIPD RESIDENTIAL-INCLUSIONARY PLANNED DEVELOPMENT
For the specifics of this zone, please see Ordinance 92-31, which amends Zoning Ordinance 76-71.
Institutional Zone
IN INSTITUTIONAL
A variety of institutional uses are permitted including: Hospitals and other health facilities; churches or similar religious institutions; educational uses; cemeteries; governmental and community uses; outdoor recreational uses; passive or active open space; and elderly and handicap housing.

Office Zones
O-1 LIMITED OFFICE
A strictly defined list of professional and business office uses are permitted.
O-2 GENERAL OFFICE
Professional and business office uses are permitted, as well as private non-profit educational institutions, hospitals, funeral homes, philanthropic uses, laboratories, and the compounding of pharmaceuticals.
O-3 RESTRICTED OFFICE
This zone is intended to permit the development of low intensity professional office uses in previously residential structures due to changes in surrounding land use. Permitted uses include residential uses, and professional office uses such as physician, lawyer, architect, and the like.
Business Zones
B-1 NEIGHBORHOOD BUSINESS
This is a business district adjacent to residential districts in which such uses are permitted as are normally required for the daily business needs of the locality only. These include: retail activity of low intensity; service activity of certain types; offices and banks; and accessory uses.
B-2 HIGHWAY BUSINESS
This is a business district servicing principally the needs of highway users. These include: commercial activities; offices and banks; radio and television service; commercial greenhouses and nurseries; accessory uses; gasoline filling stations; public and commercial garages; radio towers and antennas; shopping centers and strip stores; and restaurants meeting certain standards.
B-3 SHOPPING CENTER BUSINESS
Permitted uses include: shopping centers; any use permitted in B-1 zone; office buildings for executive or administrative purposes; accessory uses; gasoline filling stations; public and commercial garages; and radio towers and antennas.
B-4 REGIONAL BUSINESS
The purpose of this zone is to provide an area for business uses that serve the Southern New Jersey region. The requirements of this zone are highly dependent on size of property and combinations of use. Therefore, for the specifics of this zone, please see Article XX of Zoning Ordinance 76-71.
Industrial Zone
1-R Restricted Industrial - This zone permits select non-noxious industries which can meet strict performance standards. This includes: certain defined manufacturing, processing or industrial uses; certain defined business uses; customary and conventional agricultural uses; and radio towers and antennas. For the specifics of this zone, please see Article XXI of Zoning Ordinance 76-71.
Permits
The permit process has two steps in Cherry Hill: (i) Zoning Approval; (ii) Permits.
Before beginning any construction, alteration or use, it is necessary to contact the Department of Community Development to determine if a zoning approval is required. If so, a form will be provided for the applicant to complete. Applicants must provide a survey and plans showing size of structures, location, and appropriate setbacks. If the proposal is consistent with the requirements of the Zoning Ordinance, then zoning approval will be granted, and the applicant will be sent to the Department of Code Enforcement/Inspections to apply for any applicable permits (building, electrical, certificate of occupancy, etc.). Commercial and multi-family residential development will require site plan approval before the Planning Board.
If the proposal does not meet the requirements of the Zoning Ordinance, then the applicant may apply for a variance.



ZONING APPROVAL APPLICATIONS

PROCEDURE:

1. The Zoning Approval application must be completed up to and including the signature line, as well as a phone number to contact and notify. You will be notified sooner if an e-mail address is provided. Click here to download a copy of this form.

2. Applicants MUST provide an address of the property in question. Your application process will be expedited if the block, lot, and zone are provided on the Zoning Approval application.

3. Applicants must indicate the type of structure proposed and/or proposed site improvement. For any properties that are a change of use, the Applicant must indicate the existing and/or prior use and the proposed use. Please be specific when indicating the use. For example, the terms ‘office’, ‘general office’, ‘retail’, etc. are NOT acceptable. Please indicate if the property in question is a tenant fit-out.

4. The Applicant must provide two (2) SCALED copies of the property survey, attached to the Zoning Approval application.

5. Indicate on the survey the location of what you are proposing. (i.e. fence, deck, etc.). Applicants MUST provide the following information on the survey and/or the application:

§ Shed: floor area, height, distance from property line (a.k.a. setback)

§ Fence: height, type of fence, linear footage (length)

§ Pool: above or below ground, depth of pool, distance from property line (a.k.a. setback)

§ Decks: area, dimensions, height (from ground), distance from property line (a.k.a. setback)

§ Addition: area, dimensions, height, distance from property line (a.k.a. setback)

6. A Housing Impact Fee (H.I.F.) may apply.

7. Please allow 7-10 business days for review and processing of a COMPLETE Zoning Approval application. Please DO NOT call to check on the status of your application, until the allowable time has passed. This slows down the process for all applications. You will be notified when you application is ready.



FEES:

We accept checks or money orders made payable to ‘The Township of Cherry Hill’ in our office. We cannot accept cash in our office. Cash must be taken with a receipt downstairs to the Cashier’s Window, next to Room 108. You must return to the Department of Community Development (Room 202) with the paid receipt before the Zoning Approval is issued. The following fees apply:

§ Residential properties: $10.00

§ Non-Residential properties: $25.00



AFTER RECEIVING YOUR ZONING APPROVAL:

§ Signs require a separate permit that is available in Room 202, the Department of Community Development.

§ Building permits or Certificates of Occupancy are obtained in Room 205, the Code Enforcement - Construction Department.

For further information and details, consult the Zoning Board Secretary at Cherry Hill Township, 820 Mercer Street, Cherry Hill, NJ 08002. Tel: (856) 488-7870; Fax: (856) 661-4746.