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:

1. 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.
2. To secure safety from fire, flood, panic, and other natural and manmade disasters.
3. To provide adequate light, air, and open space.
4. 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.
5. 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.
6. 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.
7. 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.
8. To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
9. 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.
10. 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.
11. To encourage senior citizen community housing construction.
12. 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.
13. To promote utilization of renewable energy resources.
14. 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.

RESIDENTIAL ACCESSORY STRUCTURES
The following information is a summary of general ordinances for common accessory structures of single-family residential zones (RA, RAPC, R1, R2, and R3). For specific reference, please reference the official zoning ordinance, available at the front counter in the Department of Community Development. A Zoning Permit, available for download, is required for all accessory structures

SHEDS (§504).
Sheds must be located in the rear yard a minimum of five (5’) feet from any side or rear property line, provided they do not exceed ten (10) feet in height and are under one hundred (100) square feet in size. Anything larger must conform to the building setback of that zone.

FENCES (§512).
Fences are permitted in all single-family residential zones, RA, RAPC, R1, R2, and R3 zones. For interior lots (that are not on a corner), fences cannot exceed six (6’) feet in height in the rear and side yards, which is considered behind the front façade of the house. In the front yard, fences cannot exceed (3’) feet in height

For corner lots, fences that are six (6’) feet in height must not impede any sight triangle, therefore they must be behind the front façade of the house or twenty five (25’) feet from the street right-of-way line, whichever is furthest away from the right-of-way. Fences that are three (3’) feet in height or less are permitted within this area.

Fence construction shall not alter or impede the natural flow of water in any stream, creek, drainage swale or ditch; which should be constructed a minimum of three (3”) above grade to allow drainage. Any fences constructed with horizontal bars must have the support bars face inward toward the interior of the property surrounded by such fence. Barbed wire, razor wire, and similar material are not permitted.

DECKS & PATIOS (§529.A & .B).
Decks and patios that are thirty (30”) inches in height or less, measured from grade to the top of the deck (exclusive of the handrail), must meet the following minimum set back requirements:

YARD REQUIREMENTS	DECKS	PATIOS
Front Yard (ft)	35'	35'
Rear Yard (ft)	15'	15'
Side Yard (ft)	10'	5'
Aggregate Side Yard (ft)	20'	20'

The following decks and patios must meet minimum zoning setback requirements in effect for that property:
Decks that exceed thirty (30”) inches in height measured from grade to the top of the deck (exclusive of the handrail),
Decks with privacy screens that exceed the maximum height of six (6’) in height (deck height and screen height), or
Patios with a roof cover, screen room, or sunroom.
Privacy screens of up to six (6’) feet shall be permitted to be attached to the deck, so long as the total height (deck height and screen height) does not exceed six (6’) feet in height. Building permits from the Construction Department (Room 205) are required that meet all U.C.C. requirements.

PROTRUDING RESIDENTIAL FEATURES (§529.C, .D, & .E)
Cantilevered balconies, chimneys, eaves, and awnings are permitted accessory structures in residential zones, contingent on the following:
May project up to three (3’) feet into the front, side, or rear yard.
Balconies, eaves, or awnings that are supported by posts must meet the minimum setback requirements in effect for that property.
Building permits from the Construction Department (Room 205) are required that meet all U.C.C. requirements.

DRIVEWAYS (§529.1.G)
A minimum of three (3’) feet from the side and rear property lines is required. Building permits from the Construction Department (Room 205) are required that meet all U.C.C. requirements. Any work in the Right-of-Way (R.O.W.) requires a R.O.W. permit from the Engineering Department.

POOLS (§525)
Pools must be set back from the rear and side property line a minimum of ten (10’) feet OR one and half (1½) times the depth of the pool, whichever is greater. Pools are permitted in the rear or side yard only and must be a minimum of thirty-five (35’) feet from all street right-of-way lines.

Pools that contain twenty-four (24”) inches or less in depth or less than two hundred and fifty (250) square feet of surface area are not required to meet any minimum setbacks. Decks attached to pools need to meet the above standards of §529.A.
A fence with a height of four (4’) feet to six (6’) feet, with self-locking gates that open out or a lock located at the top of the pool is required. Building permits from the Construction Department (Room 205) are required that meet all U.C.C. requirements.

All in-ground and above ground swimming pools shall be so constructed, installed and maintained as to provide the necessary equipment for the chlorination and other disinfection and filtering of water to comply with approved bacteriological standards as may be promulgated by the Camden County Board of Health and the New Jersey Department of Health and Senior Services. All pool construction shall conform to §3109 of the Uniform Construction Code for additional regulations.

GARAGES
Garages must meet the minimum setback requirements of the respective zone, which the property is located. Building permits from the Construction Department (Room 205) are required that meet all U.C.C. requirements.

Click here for the Township's Setback Schedule

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.