This article is intended to:
A. Retain
and promote farming and agricultural activities in appropriate locations
within the Borough of Lincoln Park;
B. Protect
the operation of commercial farms from nuisance actions where approved
and recognized methods of agriculture production are followed; and
C. Provide
public notice that commercial farming involves activities that may
affect adjoining properties, such as, but not limited to, generation
of noise, odors, fumes, dust, smoke, insects, operation of machinery,
storage and disposal of manure and compost, and application by spraying
or otherwise of fertilizers, soil amendments, herbicides and pesticides.
Notwithstanding anything to the contrary elsewhere in this chapter,
commercial farms shall be a principal permitted use in the following
zones: R-40, I, PI, TI, AI, O/R and CR.
Any person who considers himself aggrieved by the operation
of a commercial farm shall file a complaint with the Morris County
Agriculture Development Board prior to instituting any action in any
court.
Farm markets shall comply with the following regulations:
A. Except as permitted by Subsections
F and
G below, all farm markets shall be located within a fully enclosed building.
B. Floor area occupied by a farm market building shall not exceed the
greater of 1,000 square feet or 0.25% of the total area of the lot
on which the building is located.
C. No farm market building shall exceed one story or 20 feet in height.
D. Farm market buildings shall comply with the following setback requirements:
(1)
Setback from a public right-of-way: 50 feet.
(2)
Setback from any other property line: 50 feet.
E. A farm market building shall be permitted a maximum of one business
sign. The sign shall be freestanding. Maximum permitted sign area
shall be 32 square feet. Only external illumination shall be permitted.
Maximum permitted sign height shall be six feet. The sign must be
set back at least 15 feet from any point of vehicular access and at
least seven feet from any public right-of-way.
F. Pick-your-own operations and Christmas tree sales (including sales
where purchasers are required or permitted to cut their own tree)
shall be exempt from the requirements of this section.
G. Notwithstanding the provisions of Subsection
A above, farm markets may provide for other seasonal outdoor operations (in addition to those in Subsection
F above) subject to the limitations of this subsection. The area occupied by such other seasonal outdoor operations shall not exceed the area permitted for a farm market building on the lot in question. Such other seasonal outdoor operations shall be limited to March 1 through November 30 of each calendar year.
Farm buildings other than buildings devoted to farm markets
("non-farm-market buildings"), including greenhouses, shall comply
with the following requirements:
A. Floor area occupied by greenhouses used for growing agricultural
or horticultural products shall not exceed 30% of the total area of
the lot on which such greenhouses are located. Floor area occupied
by other non-farm-market buildings shall not exceed 5% of the total
area of the lot on which the buildings are located.
B. Non-farm-market buildings shall not exceed two stories or 32 feet
in height.
C. Non-farm-market buildings shall comply with the following setback
requirements:
(1)
Setback from a public right-of-way: 50 feet.
(2)
Setback from any other property line: 50 feet.
When reviewing an application for construction of a building
or greenhouse on a commercial farm, the Planning Board may require
a landscape buffer between the building or greenhouse and any adjoining
properties zoned or used for residential purposes. Buffer areas shall
be maintained in their natural state unless the reviewing board determines
that they do not provide an effective buffer. When the reviewing board
determines existing vegetation is not effective, the board may require
new evergreen plantings to enhance the buffer.
No building shall be erected, constructed, reconstructed, or altered on a commercial farm or used as a farm market or for any purpose other than commercial farming activities until a zoning permit has been issued by the Zoning Officer confirming that such activity complies with all applicable provisions of Chapter
17, Land Development Review.
No building permit or zoning permit shall issue for the erection,
construction, reconstruction, or alteration of any building on a commercial
farm or for the use of any such building as a farm market or for any
purpose other than commercial farm activities until a site plan for
such activity is first submitted to and approved by the Planning Board.