The Township of Chesterfield is divided into
zoning districts as enumerated in this chapter and as shown on the
Zoning Map.
The boundaries of zoning districts are established
on the map entitled "Zoning Map" which accompanies and is made part
of this chapter.[1]
[1]
Editor's Note: Said map is on file in the
Township offices.
A.
Zoning district boundaries are intended to follow
street center lines, streams, lot lines and/or continuations of lot
lines, unless otherwise indicated by dimensions on the Zoning Map.
Dimensions shall be in feet, measured horizontally from the street
rights-of-way, even if the street center line serves as a zoning district
boundary. Any disputed boundary line shall be determined by the Board
of Adjustment. Zoning district boundaries extend vertically in both
directions from ground level.
B.
Where a zoning district boundary divides a lot, the
use of one district may be extended into the other no more than 50
feet, provided that the property line lies within 50 feet. The permitted
uses of the extended district shall thereafter be permitted in the
extended area.
C.
Where a street or public way serves as the zoning
district boundary and it is lawfully vacated, the former center line
shall be the zoning district boundary.
[Amended 6-10-2021 by Ord. No. 2021-6]
A.
All uses
not expressly permitted in this chapter are prohibited. No trailer,
auto trailer, trailer coach, travel trailer or camper shall be used
for dwelling purposes, sleeping quarters or the permanent conduct
of any business, except that they may be used for temporary residency
for one year or such shorter period it takes to repair a damaged dwelling
unit. They may also be used for a temporary construction office located
on a construction site. Prior to their use for a temporary purpose,
a temporary permit must be issued by the Construction Code Official.
This section shall not be construed to prohibit the parking or storage
of trailers and campers on private premises.
B.
For the
purposes of Section 3 of P.L. 2021, c. 16, cannabis distributors,
cannabis retailers and cannabis delivery services shall be prohibited
uses in all zones in the municipality.
[Amended 7-28-2022 by Ord. No. 2022-12]
Any use, building or structure legally existing at the time of the enactment of this chapter may be continued in accordance with § 130-139 et seq., even though such use, building or structure may not conform to the provisions of this chapter.
A.
Height.
(1)
Residential penthouses or roof structures for the
housing of elevators, stairways, tanks, ventilating fans, air-conditioning
equipment and similar mechanical equipment required to operate and
maintain the building and fire or parapet walls, skylights, towers,
amateur radio towers, spires, cupolas, steeples, flagpoles, chimneys,
smokestacks or similar structures may be erected above the height
limits prescribed in this chapter, but in no case more than 25% more
than the maximum height permitted in the district as long as they
cover no more than 15% of the roof area.
(2)
For nonresidential uses, spires, steeples, barns,
silos, water towers and commercial radio and television towers shall
have no height restrictions and appurtenances as long as they are
no wider than 20 feet, except that they shall comply with any requirements
of the Air Safety and Hazardous Zoning Act of 1983, as amended (N.J.S.A.
6:1-80 et seq.), and be set back from any property line a distance
equal to the height of the structure. Telecommunications towers and
associated facilities, as defined in this chapter, shall be permitted
a height as prescribed in said chapter.
[Amended 4-12-2001 by Ord. No. 2001-7]
(3)
Any accessory building attached to a principal building
shall be considered part of the principal building and shall adhere
to the yard requirements for the principal building. In the R-1 Zone,
the minimum distance of a freestanding accessory building to a property
line or to a building on the same lot shall be equivalent to the height
of the accessory building but not less than 10 feet.
[Added 7-26-2001 by Ord. No. 2001-17]
(4)
Residential accessory buildings shall not exceed 25
feet in height. Agricultural and horticultural accessory buildings
shall be excluded from these requirements.
[Added 7-26-2001 by Ord. No. 2001-17; amended 10-10-2005 by Ord. No. 2005-11]
(5)
Location of a residential accessory building shall
be in the side or rear yard only. On a corner lot, it shall be set
back from the side street to comply with the setback for the principal
building.
[Added 7-26-2001 by Ord. No. 2001-17]
C.
Flag lots. Where flag lots are permitted, the required
frontage may be reduced to not less than 50 feet and shall provide
access to an improved street. The purpose of allowing flag lots is
to permit them as part of major subdivisions in limited circumstances
and as the exception, not the rule, to gain access to difficult portions
of a tract.
(1)
The body of the lot, exclusive of the access strip
connecting it to the public street, shall have an area at least twice
that required in the district in which it is located, with dimensions
meeting the minimum requirements for the district.
(2)
The access strip shall have a width at all points
of at least 50 feet.
(3)
The access strip shall be environmentally suitable
(without undue impact on wetlands, floodplains and steep slopes) for
the construction and use of a private lane.
(4)
The proposed subdivision and access strip shall not
adversely affect the remaining use and/or the development of the remainder
of the parcel.
(5)
In the event that an additional lot or use is proposed
for service from such access strip, the owner of the access strip
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 or certificate
of occupancy for the additional use.[1]
[1]
Editor's Note: Former Subsection D, Temporary outdoor restaurant
seating, added 6-25-2020 by Ord. No. 2020-8, expired 12-31-2020.
