Chesterfield Township
City Zoning Code
City Zoning Code
ARTICLE III
Zoning Provisions
§ 130-5 Zoning districts.
The Township of Chesterfield is divided into zoning districts as enumerated in this chapter and as shown on the Zoning Map.
§ 130-6 Zoning Map.
§ 130-7 Interpretation of zoning district boundaries.
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.
§ 130-8 Prohibited uses.
[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]
§ 130-9 Continuation of existing uses.
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.
§ 130-10 Exceptions from zoning regulations.
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.