Except as previously or hereinafter provided, no person shall
locate, relocate, erect, construct, reconstruct, enlarge or structurally
alter any building or structure except in conformity with the regulations
of the district in which such building or structure is located.
Except as previously or hereinafter provided, no person shall
use any land or building for any purpose other than is permitted in
the district in which such land or building is located. It is the
intent of this section to recognize that changes in technology may
lead to uses which are essentially the same as the uses which are
specifically enumerated as permitted in the zone. Where these new
uses are attributable to changes in technology and are essentially
the same as the itemized permitted uses, then this section shall not
be deemed to prohibit these new uses.
[Added 6-17-2021 by Ord. No. 05-21]
The operation of all classes of cannabis establishments as defined
by P.L. 2021, c. 16, including but not limited to, cannabis retailers,
cultivators, manufacturers, distributors, wholesalers, delivery services,
medical cannabis dispensaries, alternative cannabis treatment centers,
including such operators holding a medical cannabis dispensary permit
pursuant to P.L. 2009, c. 307 (N.J.S.A. 24: 6I-7), are expressly prohibited
uses within the jurisdictional boundaries of the Township of Mine
Hill.
Nothing in this Part 6 shall require any change in the plans,
construction, size or designated use of any building, structure or
part thereof for which any building permit has been granted before
the enactment of this Part 6, provided that construction from such
plan shall be or shall have been started within 60 days from the date
of issuance thereof and shall be diligently pursued to completion.
A.
No space contiguous to any building shall be encroached upon or reduced
in any manner except in conformity to the yard, lot, lot area, building
location, percentage of lot coverage, off-street parking space and
such other regulations designated elsewhere in this Part 6 for the
zone in which the building or space is located. In the event of any
such unlawful encroachment or reduction, such building shall be deemed
to be in violation of the provisions of this Part 6, and then the
certificate of occupancy for such building shall become null and void.
B.
No open space provided around any building for purposes of complying
with the provisions of this Part 6 shall be considered as providing
open space for any other building.
No building shall be constructed or altered within any residential
district so as to be inharmonious with the residential character of
the area. The following types of construction shall be considered
not to be residential in character:
A.
No store, shop, office, bar, tavern, restaurant, grill, hotel or
motel in any building shall use any noisemaking instruments, such
as phonographs, loudspeakers, amplifiers, radios, televisions or similar
devices, which are so situated as to be heard outside the building,
provided that nothing herein shall be deemed to prohibit the playing
of holiday music in commercial districts in connection with holiday
displays and decorations sponsored by any civic or business group
and approved by the Township Council.
B.
No smoke, fumes or objectionable odor shall be emitted from any building
in any zone, nor shall any accumulation of trash, garbage, offal,
junk or the like be permitted.
C.
The storage or display of merchandise on the exterior of any building
or on any public street or sidewalk shall be prohibited.
A.
The operation of a sexually oriented business within 1,000 feet of
any existing sexually oriented business, or any church, synagogue,
temple, or other place of public worship, or any elementary or secondary
school or any school bus stop, or any municipal or county playground
or place of public resort and recreation, or any hospital or any child-care
center, or within 1,000 feet of any area zoned for residential use,
shall be prohibited.
B.
Every sexually oriented business shall be surrounded by a perimeter
buffer of at least 50 feet in width with plantings, fence, or other
physical divider along the outside of the perimeter sufficient to
impede the view of the interior of the premises in which the business
is located.
C.
No sexually oriented business shall display more than two exterior
signs, consisting of an identification sign and one sign giving notice
that the premises are off limits to minors. The identification sign
shall be no more than 40 square feet in size.
A.
Purpose. This section is intended to:
(1)
Retain and promote farming and agricultural activities in appropriate
locations within the Township of Mine Hill;
(2)
Protect the operation of commercial farms from nuisance actions
where approved and recognized methods of agriculture production are
followed; and
(3)
Acknowledge and hereby give 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.
B.
Where permitted. Commercial farms shall be a principal permitted
use in the Agricultural Overlay Zone ("AOZ").
C.
Permitted activities.
(1)
Commercial farms that comply with the requirements of this section
shall be permitted to engage in the following activities in the AOZ:
(a)
Production of agricultural and horticultural crops, trees, apiary
and forest products;
(b)
Processing and packaging the agricultural output of the commercial
farm;
(c)
Operation of a farm market as an accessory use to the commercial farm, including the construction of a building and parking area in conformance with the standards set forth in Subsection F below;
(d)
Replenish soil nutrients and improve soil tilth;
(e)
Control pests, predators and diseases of plants and animals;
(f)
Clear woodlands using open burning and other techniques;
(g)
Install and maintain vegetative and terrain alterations and other
physical facilities for water and soil conservation and surface water
control in wetland areas;
(h)
Conduct on-site disposal of organic agricultural wastes;
(i)
Conduct agriculture-related education and farm-based recreational
activities, provided that the activities are related to marketing
the agricultural or horticultural output of the commercial farm;
(j)
Erection of essential agricultural buildings, including those
dedicated to processing and packaging of the output of the commercial
farm;
(k)
Construction of fences;
(l)
Pick-your-own operations;
(m)
The keeping or grazing of farm animals, provided that there shall be a minimum of three acres for the keeping of the first two animals and an additional minimum of one acre for each additional animal. Keeping or maintaining fowl shall require three acres for the first 20 fowl and an additional acre for each additional group of 20 fowl or fraction thereof. If there are animals and fowl both maintained on the same premises, the minimum lot size shall commence at five acres. The keeping of animals shall also be subject to the restrictions set forth in Chapter 145, Article I, Keeping of Animals, of the Code of the Township of Mine Hill;
(n)
Use of farm equipment, including irrigation pumps, aerial and
ground seeding and spraying, tractors, harvest aides, and bird control
devices;
(o)
The application of manure and chemical fertilizers, insecticides
and herbicides;
(p)
Installation of wells, ponds, and other water resources for
agricultural purposes such as irrigation, sanitation and marketing
preparation; and
(q)
Any other agricultural activity as determined by the State Agriculture Development Committee and adopted by rule or regulation pursuant to the provisions of the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., except that the keeping of domesticated farm animals shall be limited as set forth in Subsection C(1)(m) above.
(2)
The right to engage in these farming activities shall exist
on weekdays, weekends, and holidays, during all hours of the day and
night.
(3)
To qualify to engage in the activities permitted by this section,
a commercial farm and its operations must:
(a)
Conform to agricultural management practices recommended by
the State Agriculture Development Committee and adopted pursuant to
the Administrative Procedure Act, N.J.S.A. 52:14B-1 et seq., or the
commercial farm's specific operations or practices must have been
determined by the Morris County Agriculture Development Board to constitute
a generally accepted agricultural operation or practice;
(b)
Conform to all relevant federal and state statutes, rules and
regulations;
(c)
Not pose a direct threat to public health and safety; and
D.
Limitations. Notwithstanding anything to the contrary in Subsection C above, the following regulations shall apply to all commercial farms within the Township of Mine Hill:
(1)
No farm worker housing shall be permitted on a commercial farm
other than one detached single-family residence for the owner of the
commercial farm and his or her family.
(2)
No overnight outdoor storage of farm vehicles or equipment shall
be permitted within 100 feet of any property line.
(3)
No tree located within 25 feet of a property boundary of a commercial farm may be cut down or otherwise removed except in conformance with Chapter 509, Article I, Tree Removal. A tree shall be deemed to be located within 25 feet of a property boundary if any part of its trunk shall be located within that area.
(4)
Manure shall be stored and disposed of in conformance with the
New Jersey State Agricultural Management Practices (hereinafter "AMP")
establishing standards for manure management.
(5)
Fencing.
(a)
No barbed wire fence shall be permitted upon or within any commercial
farm.
(b)
Except as permitted by the AMP establishing standards for fencing
for protection against wildlife damage in N.J.A.C. 2:76-2A.9(a)(1)
(permitting electric fencing for such purpose to be up to seven feet
high and high-tensile woven wire fencing for such purpose to be up
to 10 feet high), no fence on a commercial farm shall exceed a height
of six feet above surrounding grade.
(6)
Commercial farms shall maintain a twenty-five-foot setback between all property lines and all areas of the commercial farm devoted to the production, raising, or keeping of livestock, poultry, or other domesticated animals. No nondomesticated animals shall be produced, raised, or kept on a commercial farm. The keeping of livestock, poultry, or other domesticated animals shall be limited as set forth in Subsection C(1)(m).
(7)
No silage pits or outdoor storage of silage shall be located
within 100 feet of any property line.
E.
Complaints against commercial farms. 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.
F.
Farm markets. Farm markets shall comply with the following regulations:
(2)
Floor area occupied by a farm market building shall not exceed
1,000 square feet.
(3)
No farm market building shall exceed one story or 20 feet in
height.
(5)
A farm market shall be permitted a maximum of one business sign.
The sign shall be freestanding. Maximum permitted sign area shall
be 24 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 public right-of-way. Sign lighting
shall be turned off within 30 minutes after the farm market closes
for the day.
(6)
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 Subsection F(1) above.
(7)
Notwithstanding the provisions of Subsection F(1) above, farm markets may provide for seasonal outdoor operations [in addition to those in Subsection F(6) above], subject to the limitations of this subsection. The area occupied by such seasonal outdoor operations shall not exceed 1,000 square feet. The outdoor operations area shall be set back at least 25 feet from a public right-of-way and 100 feet from any other property line. No additional signage shall be permitted for seasonal outdoor farm market areas. Such seasonal outdoor operations shall be limited to March 1 through November 30 of each calendar year.
(8)
Hours of operation for farm markets shall be limited to 10:00
a.m. through 7:00 p.m. Farm markets may operate seven days per week.
(9)
No farm market shall utilize any sound-amplification equipment
for any purpose.
(10)
Farm markets shall be located on a collector street unless the
commercial farm lacks collector street frontage.
G.
Other farm buildings. Farm buildings other than buildings devoted
to farm markets ("non-farm-market buildings"), including greenhouses,
shall comply with the following requirements:
(1)
Floor area occupied by greenhouses used for growing agricultural
or horticultural products shall not exceed, in the aggregate, 10%
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,
in the aggregate, 5% of the total area of the lot on which the buildings
are located.
(2)
Non-farm-market buildings shall not exceed two stories or 35
feet in height.
H.
Farm market access and parking. Commercial farms shall provide access
to and parking for a farm market in conformance with the requirements
of this section.
(1)
Vehicular access shall be provided to a farm market by a two-way
driveway having a width no greater than 24 feet. The access driveway
shall be set back at least 100 feet from any side property line or
street intersection located on the same side of the street. The access
driveway shall have a gravel surface constructed of a minimum of six
inches of gravel, quarry-processed stone, or other porous stone without
asphalt binder.
(2)
Farm markets shall provide five on-site parking spaces for a
farm market building.
(3)
One on-site parking space shall be provided for each 500 square
feet of outdoor area used seasonally as a farm market.
(4)
Parking areas for farm markets shall have a gravel surface constructed
of a minimum of six inches of gravel, quarry-processed stone, or other
porous stone without asphalt binder, except that handicap parking
spaces shall be paved. Parking spaces shall be delineated by landscape
ties installed flush to the ground surface, or other suitable methods
approved by the Planning Board.
(5)
Parking spaces for a farm market shall be nine feet wide by
18 feet deep.
(6)
Parking spaces serving a farm market shall be served by a twenty-four-foot-wide
access aisle.
(7)
Parking areas serving a farm market shall be set back at least
12 feet from a street right-of-way and 100 feet from any side property
line or street intersection located on the same side of the street.
(8)
Lighting for farm market parking areas shall meet the following
standards:
(a)
Fixtures shall not exceed 15 feet in height and shall be decorative
in style, with the light source recessed in the fixture head so as
not to be visible from the street or surrounding properties.
(b)
Parking area illumination shall be 0.5 footcandle average, and
0.1 footcandle minimum.
(c)
All parking area light fixtures shall be turned off by 7:30
p.m.
I.
Residential buffers. When reviewing an application for construction
of any building on a commercial farm, the Planning Board may require
a buffer up to 25 feet deep between such building and any adjoining
properties zoned or used for residential purposes. Buffer areas shall
be maintained in their natural state.
J.
Zoning permits. 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 this Part 6.
K.
Site plan approval. No building permit or zoning permit shall be
issued 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.
