[Amended 6-4-1990 by Ord. No. 2:19O-90; 7-17-1990 by Ord. No. 2:19T-90; 3-7-1995 by Ord. No.
2:19K1-95; 6-5-1995 by Ord. No. 2:19M1-95; 8-20-1996; 4-15-1997; 6-2-1997; 3-5-2002]
Within the R-1, R-2, R-3, R-5 and R-10 Zones,
no lot or building shall be used, and no building shall be erected
or altered to be used, in whole or in part, unless it complies with
Schedule I[1] and the following regulations:
A.
A single-family detached dwelling used as a residence
for not more than one family and with not more than one house per
lot.
B.
An apartment in an accessory structure on the same
lot as the principal dwelling is permitted, provided that:
(1)
The lot is at least 10 acres in size.
(2)
Such apartment shall be within an accessory
structure which is customarily incidental to the principal residential
use.
(3)
The principal dwelling does not contain an accessory
apartment.
(4)
Only one such apartment shall be permitted on
a single lot.
(5)
The floor area of the apartment shall comprise
the lesser of 50% of the aggregate floor area of the accessory structure
or 1,000 square feet. In no case shall the apartment contain less
than 350 square feet.
(6)
The accessory structure containing the apartment
shall conform to the bulk standards for the zone district within which
it is located.
(7)
The apartment shall be provided with an exterior
entrance separate from the nonresidential portion of the structure.
The apartment shall have direct access to the outdoors. If the dwelling
unit is located above the second floor, there shall be at least two
such means of access to the outdoors, and they shall be approved by
the Construction Official. No apartment shall be located above the
third floor.
(8)
There shall no sign, separate driveway access,
separate exterior entrance or other visible evidence of the apartment
observable from any abutting street.
(9)
Off-street parking shall be provided for any
vehicles used by the occupants of the apartment. A minimum of two
parking spaces shall be provided for each dwelling unit on the lot.
On-street parking is prohibited.
(10)
The apartment shall include living/sleeping
space, cooking facilities and complete sanitary facilities for the
exclusive use of its occupants. It shall consist of not less than
two rooms, one of which shall be a full bathroom, but shall have no
more than two bedrooms.
(11)
Prior to the issuance of a construction permit
for any work related to the creation of an apartment, the owner of
the principal dwelling shall obtain approval from the Chester Township
Board of Health of a subsurface sewage disposal system. The system
shall be of a design and capacity determined by the Board of Health
to adequately accommodate anticipated wastewater flows.[2]
C.
Accessory apartments.
(1)
An accessory apartment may be located in a single-family
dwelling in R-1, R-2, R-3, R-5 and R-10 Districts, provided that it
is created in accordance with and conforms to all provisions of this
subsection. An accessory apartment may be incorporated in a new dwelling
or may be created within an existing dwelling constructed in accordance
with all ordinances and regulations applicable to an addition to a
dwelling. An accessory apartment may be occupied only by a family
of three persons of whom at least one shall be either a person who
is related by blood or marriage to the owner-occupant or the tenant
of the dwelling in which the accessory apartment is located or an
employee working on the premises on a full-time basis for the owner-occupant
or the tenant of the dwelling in which the accessory apartment is
located.
(2)
Prior to the issuance of a construction permit
for any work related to the creation of an accessory apartment within
an existing dwelling or by an addition to an existing dwelling, the
applicant shall obtain a determination from the Township Board of
Health as to whether modifications to any existing individual subsurface
sewage disposal system will be necessary by reason of the creation
of the accessory apartment. Any required modifications to such a system
shall be made in compliance with all applicable laws, ordinances,
rules and regulations.
(3)
Only one accessory apartment shall be permitted
in any dwelling, and the floor area of the accessory apartment shall
not comprise more than 25% of the aggregate floor area of the dwelling
in which it is located.
(4)
Access to any accessory apartment shall be provided
from within the dwelling in which it is located, regardless of whether
or not the accessory apartment has a separate exterior entrance.
(5)
There shall be no sign, separate driveway access,
separate exterior entrance or other visible evidence of an accessory
apartment which is observable from any abutting street.
(6)
Off-street parking shall be provided for any
vehicles used by occupants of the accessory apartment.
(7)
An accessory apartment shall not be occupied
except in accordance with a currently valid accessory apartment permit
issued by the Zoning Official.
(8)
Every accessory apartment permit shall be valid
for a term ending on December 31 of the year in which it is issued
and shall upon application be renewed annually so long as the accessory
apartment is occupied in accordance with the provisions of this subsection;
provided, however, that an initial permit or any renewal thereof shall
expire immediately in the event that:
(10)
Every application for an initial or renewal
accessory apartment permit shall be made upon a form provided by the
Zoning Officer and shall be accompanied by the fee required by Part
6, Fees and Deposits. The application shall require the name of each
member of the family who will occupy the accessory apartment as well
as details of the relationship between any family member and the owner-occupant
or the tenant of the dwelling which entitles the family to occupy
the accessory apartment.
(11)
Prior to the issuance of any initial accessory
apartment permit, the owner-occupant of the dwelling or, in the event
that the dwelling is leased, the owner and tenant of the dwelling
shall execute an accessory apartment occupancy agreement with the
Township in recordable form which shall provide that the accessory
apartment shall be occupied only in accordance with the provisions
of a currently valid accessory apartment permit and that the Township
may take appropriate legal action to enforce the provisions of the
agreement.
(12)
Any dwelling in which an accessory apartment is located in compliance with the provisions of this Subsection C shall be considered a single-family dwelling for all purposes, notwithstanding the existence of the accessory apartment, use of the accessory apartment being limited by the provisions of this subsection and incidental to the single-family residential use of the dwelling.
D.
Accessory uses on the same lot customarily incidental to the principal residential use, such as garages, swimming pools, greenhouses, the keeping of fowl and livestock and recreational vehicles are subject to the limitations set forth in Subsections G, H, and L of this section.
[Amended 6-4-2008 by Ord. No. 2008-9; 8-17-2021 by Ord. No. 2021-03]
E.
Where cluster development takes place in the R-2,
R-3, R-5 or R-10 Zones, recreational and conservation uses in common
open areas, on a nonprofit basis, serving and supporting the residential
use to which they relate.
F.
A farm stand or building containing a retail display
area is permitted for the sale of agricultural products, provided
that:
(1)
Any building or farm stand from which agricultural or horticultural products will be offered for sale shall be located on a lot that is farmland assessed and is part of a commercial farm operation within the Township or an adjoining municipality, except as provided for by Subsection F(17) below.
[Amended 6-4-2008 by Ord. No. 2008-9]
(2)
The outdoor display of retail products is permitted,
provided that:
(a)
No outdoor display area shall be permitted within
60 feet of a street right-of-way, except that the outdoor display
area of a farm stand may be permitted within 30 feet of a street line.
(b)
The outdoor display shall be located a minimum
of 100 feet from any side or rear property line.
(c)
The area shall be adequately screened from neighboring
residences.
(3)
A farm stand shall not be fully enclosed.
(a)
The portion of the farm stand utilized for retail
display shall be open to the air on at least one wall during business
hours.
(b)
The farm stand shall not be heated either with
a permanent or portable heating system.
(c)
Within the farm stand, an area may be fully
enclosed to provide area for the preparation and/or storage of products
offered for sale.
(d)
A farm stand may not be permitted within 30
feet of a street line.
(4)
Maximum building height shall be regulated by
Schedule I of this Part 5[3], except that a farm stand shall not exceed 20 feet in
height or contain more than 1 1/2 stories.
[3]
Editor's Note: Schedule I is included at the end of this chapter.
(5)
The following standards shall apply:
(a)
A building containing a retail display area,
including farm stands, shall not be located within 100 feet of any
side or rear lot line.
(b)
A building containing a retail display area
shall not be located closer to a street line than twice the required
minimum front yard setback for that zone, except in the case of properties
fronting Route 206, which shall comply with Footnote 1 of Schedule
I of this Part 5.
(c)
A building shall not contain a retail sales
area greater than 1,500 square feet.
(d)
The maximum allowed improved lot coverage shall
not exceed 10% of the lot area.
(6)
Notwithstanding other sections of this Part 5, no building containing a retail display area or a farm stand of more than 150 square feet of gross floor area shall be erected within a two-hundred-foot radius of any existing residence located on an adjoining property.
(7)
The parking area shall conform with the following:
(a)
The parking area shall be of sufficient size
to accommodate all patrons. No parking shall be permitted within a
public road right-of-way. Parking must be set back a minimum of 75
feet from the road right-of-way.
(b)
No portion of a parking area shall be closer
than 100 feet to the nearest side and rear property line.
(c)
No parking area shall be located within a two-hundred-foot
radius of an existing residence located on adjoining property.
(d)
The parking area surface shall consist of three-fourths-inch
roadstone, not less than four inches thick. Parking for sale periods
of short duration shall be permitted on grassed areas.
(e)
The parking area shall be graded for adequate
drainage without erosion. Surface water runoff shall not cause a nuisance
or damage to adjacent properties or public roads.
(8)
Driveways shall conform with the following:
(9)
The operation of the retail activities must
not result in traffic congestion on abutting streets or endanger the
public by interfering with the safe and convenient flow of traffic
on the public streets.
(10)
Outdoor lighting shall be designed to provide
for safety and security without illuminating adjacent properties.
There shall be no glare when observed from adjacent properties or
public roads. Nothing herein shall be construed to require outdoor
lighting.
(11)
There shall be no loudspeakers or playing of
amplified music that is audible beyond the limits of the property
line.
(12)
No sales shall occur before 6:30 a.m. nor later
than 9:00 p.m. Adequate lighting is to be installed.
(13)
Any agricultural or horticultural product grown
and processed on the farm operation may be offered for sale. In addition,
fresh fruits, fresh vegetables, cider, honey, jams and jelly, and
cut evergreen trees grown and processed off-site may be sold. Retail
activities such as the preparation and sale of fast food or the sale
of products associated with convenience stores are expressly prohibited.
It is the primary intent of these regulations to provide farmers with
an outlet to sell their agricultural products and to make those farm
products accessible to the public for purchase.
(14)
Minor site plan approval shall be required only
for the construction, expansion or change of use of any building or
permanent structure (meaning a building with a foundation) in excess
of 700 square feet where such building or structure offers public
access. Public access shall not include invitees of the owners of
the property, or vendors or persons delivering and/or providing goods
and service. Where larger farm buildings contain specific areas that
are devoted to general public access, as well as other areas that
are separated by a permanent wall and are not accessible to the general
public, the latter areas shall not be included in the calculation
of square footage. The intent of this filing requirement is to demonstrate
compliance with this subsection. Map requirements for minor site plans
which do not address the compliance issue may be waived by the Planning
Board.
[Amended 7-8-2021 by Ord. No. 2021-10]
(15)
Not more than one building containing a retail
display area or detached farm stand shall be permitted on a lot.
(16)
If the commercial agricultural activities are
discontinued, the retail display area or farm stand, and the associated
parking area, shall be reduced or removed accordingly within 180 days.
(17)
The retail sales of farm products may be permitted
on lots of less than five acres and which are not farmland assessed
or operated as a commercial farm, provided that:
(a)
The products provided for sale are grown on
the property.
(b)
No building containing a permanent retail display
area or farm stand is constructed and all temporary display area or
farm stands are removed from public view when not utilized for the
display of merchandise.
(c)
The retail display area within a building or
a farm stand shall not exceed 150 square feet of gross floor area.
(d)
Any building containing a retail display area
or farm stand shall not be located within 50 feet of a side or rear
property line nor within a street right-of-way.
[Amended 7-8-2021 by Ord. No. 2021-10]
(e)
The operation of the retail activities does
not result in traffic congestion on abutting streets or endanger the
public by interfering with the safe and convenient flow of traffic
on the public streets. If located on a street where parking is not
permitted, a safe location for customer parking must be available.
[Amended 7-8-2021 by Ord. No. 2021-10]
(18)
For properties that are subject to a preservation easement held by
the Morris County Agriculture Development Board, the New Jersey Department
of Agriculture , the New Jersey Department of environmental protection,
or the United States Department of Agriculture, or other governmental
entity, the applicant shall affirm that to the best of his/her knowledge
or ability that the proposed development or its intended use will
not violate the terms of such easement, deed restriction, or similar
encumbrance affecting the property.
[Added 7-8-2021 by Ord. No. 2021-10]
G.
The keeping of fowl, livestock and horses is permitted,
provided:
[Amended 3-1-2005; 6-4-2008 by Ord. No. 2008-9]
(1)
The number of horses, cattle, sheep, goats and
pigs on any one lot does not exceed one animal per unimproved acre
in the case of horses and cattle and five per unimproved acre in the
case of sheep, goats and pigs. All fowl regardless of the number shall
be housed within an enclosed building or a fenced yard.
(2)
Any buildings used in the keeping of fowl and
livestock shall be subject to the yard requirements for accessory
buildings as set forth in Schedule I[4] of this chapter.
[4]
Editor's Note: Schedule I is included at the end of this chapter.
(3)
Adequate fencing to contain all livestock shall
be provided.
(4)
The keeping of horses shall conform to the following
regulations and standards:
(a)
The keeping of horses shall be limited to the
following activities:
[1]
The riding, boarding, breeding, caring, training,
buying, selling and brokering of horses;
[2]
The training of horse riders and horse handlers;
and
[3]
Medical care and treatment of horses which are
located at the equestrian farm by reason of ownership or by reason
of being regularly boarded thereon.
(b)
Equestrian events shall be permitted as an accessory
use subject to the following terms and conditions:
[1]
Permitted activities, structures and buildings
shall be as follows: Horse training and other equine-related activities;
tents, portable restroom facilities and other structures for temporary
event use; equine-related jumps, obstacles or other event appurtenances;
and off-street parking.
[2]
All equestrian events and activities including
the provision of adequate off-street parking shall be confined to
the property upon which the events are being held.
[3]
Horse shows and horse competitions are prohibited.
(c)
Equine-related buildings and temporary structures
shall be permitted, provided:
[1]
The total floor space of equine-related buildings,
structures and arenas shall not exceed 3 1/2% of the total area
of the lot. Floor space shall not include loft space utilized for
animal feed or hay storage.
[2]
One indoor arena, not to exceed 20,000 square
feet, shall be permitted provided that no indoor arena shall be located
within 100 feet of a residence on an abutting property or the minimum
required yard for a principal building, whichever is greater.
[3]
The square footage of equine-related structures
shall be calculated by measuring the outside dimension of the equine
structure.
[4]
The height of equine-related structures shall
conform to the zone district within which it is located.
[5]
Equine-related buildings and structures other
than an indoor arena shall be located on a lot in conformance with
the zone district requirements for accessory uses.
[6]
Portable restroom facilities shall not be located
within 100 feet of a residence and shall be removed from the site
within 48 hours of the conclusion of an equestrian event.
(5)
Outdoor lighting shall be designed to provide for safety and security without illuminating adjacent properties subject to the design and performance standards set forth in Part 9, Outdoor Lighting, of this chapter. Nothing herein shall be construed to require outdoor lighting.
(6)
Off-street parking shall be provided to accommodate
all patrons. On-street parking or parking within a public street right-of-way
is prohibited.
(7)
Manure shall be managed in conformance with
the Natural Resources Conservation Service (NRCS) Field Office Technical
Guide, Rutgers Cooperative Extension (RCE) fact sheets on horse manure
management and RCE "AMPS for Commercial Equine Operations."
H.
A greenhouse of 500 square feet or less is permitted
as an accessory use to a principal residential structure located on
a lot. A greenhouse totaling more than 500 square feet in total floor
area or a greenhouse or greenhouses that are not accessory to a residential
structure shall be permitted on a lot, provided such greenhouse or
greenhouses shall be located on a lot of 10 acres or greater and set
back a minimum of 100 feet from a residence on an abutting property
or the minimum required yard for a principal building, whichever is
greater.
[Amended 6-4-2008 by Ord. No. 2008-9]
I.
Nonprofit bird sanctuaries and wildlife preserves.
J.
Home occupation or professional business office of
a resident occupant, provided that:
(1)
Such occupation or office is conducted entirely
within the completely enclosed dwelling and is clearly an accessory
use to the principal use of the premises for living purposes.
(2)
Such occupation or office does not change the
external appearance of the dwelling or premises from residential.
(3)
There shall be no illuminating devices, and
a residence used for home occupation shall be limited to one sign,
either a home occupation or nameplate sign, not to exceed two square
feet in size.
(4)
Not over 1/3 of the floor area of one floor
shall be used for such occupation or office. For the purpose of this
subsection, a basement and a cellar shall each be considered a floor.
(5)
Not more than one person not a member of the
resident family is engaged in such occupation or office.
(6)
No material, equipment or commercial vehicle
related to such occupation of office is stored or parked, except in
a fully enclosed building.
(7)
Not more than one dwelling on a lot may be used
for such occupation or office.
(8)
There shall be no significantly greater external
evidence of noise, light, electronic interference or activity, pedestrian
or vehicular traffic or parking, or the like from such occupation
or office beyond that which would be incident to the use of the premises
solely for a one-family residence.
(9)
No stock-in-trade is kept at the premises.
(10)
There is in effect for the particular occupation
or professional business office a valid home business permit.
K.
Agricultural labor housing provided that:
[Added 6-4-2008 by Ord. No. 2008-8]
(1)
The agricultural labor housing is part of a
commercial farm and located on a lot of at least 10 acres in size.
(2)
All agricultural labor housing units shall be
utilized for laborers employed by the agricultural operation where
the housing is located and their dependents. The agricultural labor
housing unit shall not be used as a rental property.
(3)
All agricultural labor housing facilities shall be located not less than 100 feet from any street line, not less than 300 feet from any adjoining property line, not less than 500 feet from any residential dwelling located on an adjacent property and not more than 2,000 feet from the lot's principal dwelling, except that an existing building not meeting the setback requirements set forth in Subsection K(3) may be utilized for such labor housing provided it is not enlarged or located within 500 feet of a residential dwelling located on an adjacent property.
(4)
Agricultural labor housing facilities shall
comply with all applicable regulations of the State of New Jersey,
the U.S. Occupational Safety and Health Administration and any other
governmental agency having competent jurisdiction.
(5)
All said facilities shall be maintained in good
structural and mechanical condition. Whenever a structure is deemed
to be structurally unsafe or dilapidated, the Township Construction
Official shall order the owner, in writing, to remove or repair the
structure.
(6)
Site plan review and approval is required for
agricultural labor housing. As part of site plan review, the Board
shall determine or require that adequate off-street parking for said
facilities is provided and that access to said facilities is provided
over properly designed and maintained driveways or farm roads.
(7)
Agricultural labor housing shall have access
to a public roadway, and any access roadway or driveway shall be constructed
and maintained in a safe, sufficient manner to enable vehicles, including
emergency vehicles, to reach said housing. Areas shall be provided
for the parking of vehicles owned by residents of said housing in
close proximity thereto.
(8)
All living quarters shall consist of sleeping
quarters with associated bathroom and kitchen facilities. A minimum
of 200 square feet of living space shall be provided for the first
person occupying such space and an additional 100 square feet of living
space for each additional person. All such living quarters shall be
constructed so as to provide a fire resistance barrier between such
living quarters and other portions of any building in which they are
located, such barrier to have a fire rating meeting the International
Building Code and the International Residential Code for such uses.
(9)
All occupants of living quarters shall be bona
fide employees of a farm(s) located in Chester Township or a family
member of a bona fide employee. Such living quarters shall be used
or occupied only at such time as the farm management unit is in operation
and any use or occupancy at any other time shall constitute a violation
of this subsection.
(10)
A list of the names of all occupants of the
living quarters shall be maintained by the owner of the agricultural
labor housing and shall be made available for inspection upon request
of the Township. The list shall include the employment status of such
occupants and if not employed at the farm shall set forth the basis
upon which such occupants qualify to reside at the farm, e.g., family
member. The information shall be kept current. Failure of the owner
of the agricultural labor housing to maintain such information shall
result in the revocation of the occupancy permit for such housing.
(11)
Prior to the issuance of a construction permit
for any work related to the creation of agricultural labor housing,
the owner of the property shall obtain approval from the Chester Township
Board of Health for a subsurface sewage disposal system. The system
shall be of a design and capacity determined by the Board of Health
to adequately accommodate anticipated wastewater flows.
(12)
When agricultural labor housing is proposed
on permanently preserved farmland, the landowner shall obtain the
approval of the Morris County Agriculture Development Board (Morris
CADB) and the State Agriculture Development Committee (SADC) if SADC
funding was used to purchase the development easement.
(13)
Agricultural labor housing shall not be used
as a residence for the landowner, landowner's spouse, landowners parents,
landowner's linear descendants, adopted or natural, landowners spouse's
parents or landowners spouse's lineal descendants, adopted or natural.
L.
The parking of recreational vehicles shall be permitted as an accessory
use, provided that they are not used for living, sleeping, or housekeeping
purposes unless otherwise permitted herein.
[Added 8-17-2021 by Ord.
No. 2021-03]
(1)
Any such vehicle shall be owned or leased by a resident of the
premises, or a short-term guest of the resident of the premises who
may reside in the RV during that time. For the purposes of this section,
short-term shall be defined as 60 days within with the caveat that
it could be extended to 90 days if the purpose was that the recreational
vehicle's use was as a result of construction on the main dwelling
of the property.
(2)
No such vehicle shall be utilized for commercial purposes.
(3)
Any such vehicle shall be in good working condition, operable,
insured, and not abandoned. Vehicles shall also be registered and
licensed.
(4)
In no event shall recreational vehicles used for storage of items not typically associated with the intended use of the vehicle be permitted in residential districts, unless said recreational vehicle meets the definition of a temporary storage container, as defined in § 113-214, which shall be permitted only as provided for and regulated by § 113-237.1 herein.
(5)
Recreational vehicles may be permitted, on a temporary basis,
for residential purposes while repairs are being made to a dwelling
damaged by fire or other disaster which has been deemed by the Administrative
Officer to be temporary uninhabitable, subject to the issuance of
a zoning permit.
[1]
Editor's Note: Schedule I is included at the end of this chapter.
[Amended 9-3-2002]
A.
The minimum required setback or yard for accessory
buildings and structures shall be as specified in Schedule I, Schedule
of Area, Yard and Building Requirements, and Schedule II, Schedule
of Requirements for Conditional Uses in R-1, R-2, R-3, R-5 and R-10
Zones.[1]
[1]
Editor's Note: Said schedules are included
at the end of this chapter.
B.
An entranceway shall be permitted at the lot line,
but not within the road right-of-way. As part of an entranceway, no
pillar or gate shall exceed six feet in height and no wall or fence
shall exceed four feet in height. Gates across a driveway shall be
at least 25 feet from the street line and shall not open toward the
street.
C.
Nothing contained herein shall change the regulations
in this Part 5 governing pillars, gates, walls or fences not used
in entranceways.
[Added 3-5-2002]
A.
A usable lot area shall be shown for each lot. It
shall be formed within the required building envelope and contain
an area square in shape and at least 100 feet on each side. Such area
shall be free of:
(1)
Easements that restrict development, including
but not limited to easements for conservation, tree protection, stormwater
detention/retention, steep slopes, utilities, and access; and
(2)
Wetlands and their transition areas and open
bodies of water or courses, as approved by NJDEP; and
(3)
Special flood hazard areas (FEMA-designated
one-hundred-year special flood hazard areas).
B.
A lot with a one-hundred-foot square within the building
envelope, which is not free of such areas, and was lawfully approved
and created prior to adoption of this section, is to be considered
a conforming lot with respect to this provision.
C.
The principal building shall be constructed within
the usable lot area.
[1]
Editor's Note: Former § 113-245,
Open space and recreational facilities, was repealed 3-5-2002.
