Deerfield City Zoning Code
ARTICLE V
Zoning Districts and Zoning Map
§ 120-19 Districts enumerated.
For the purposes of this chapter, the Township of Deerfield is divided into the following zone districts:
A | Agriculture |
R-1 | Low Density Residential |
R-2 | Medium Density Residential |
R-3 | High Density Residential |
CR | Center Residential |
PR | Planned Residential |
CMU | Center Mixed Use |
C-1 | Center Business |
CHB | Center Highway Business |
PHB | Planned Highway Business |
CM | Center Industrial/Business |
P | Public |
Overlay Districts (See § 120-21 below.) | |
Agricultural Industrial and Commercial Overlay | |
Conservation Overlay |
§ 120-20 District regulations.
District regulations as set forth in the Deerfield Township Schedule of District Regulations are hereby adopted by reference and declared to be part of this chapter.[1] Supplementary district regulations relating to special uses or activities and specific or conditional uses are contained in Articles VIII and IX of this chapter and titled "Supplementary District Regulations" and Special Standards and Requirements," respectively.
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 120-21 Overlay district regulations.
A.
Agricultural Industrial and Commercial Overlay District.
(1)
Purpose and intent.
(a)
It is the purpose and intent of this section to provide for innovative and necessary industrial and commercial activities directly related to agriculture use of the lands of the Township by permitting such activities to occur within specific areas of the municipality's agricultural lands so as to promote and encourage the continued viability of farming within the Township and surrounding area.
(b)
The Agricultural Industrial and Commercial Overlay District is hereby established to provide the land use controls which are necessary for manufacturing, processing, warehousing, shipping, packaging, and growing agricultural products within the Township and the extensive farming areas of southern New Jersey including the seven counties of Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester and Salem.
(c)
The purposes of this section are summarized below:
[1]
Protect the continued viability of agriculture and farm production.
[2]
Protect the health, safety and welfare of residents within the farming areas of the Township.
[3]
Recognize the valuable asset that farming represents and its changing character and face as the first industry.
[4]
Protect and encourage continuation of the farming of the traditional agricultural areas within the area.
[5]
Encourage those future land uses which would conform with this section; and which uses, with conditions, would be deemed to conform; and those uses which would not conform.
[6]
To permit nonagricultural activities related to the use of local agricultural products which may be deemed necessary to promote, serve and facilitate local farming within the Township and region and to allow such activities to occur within farmland areas of the municipality because they are necessary to the continued and/or enhanced viability of farming.
(2)
The Agricultural Industrial and Commercial Zone District is established as an overlay zone, imposing a set of development requirements in addition to those of the existing, underlying zoning district. The AIC Agricultural Industrial and Commercial Zone District is shown on the Zoning Map attached hereto and made a part of this chapter. Any development standards not expressly provided in the AIC Agricultural Industrial and Commercial Zone District shall be governed by the underlying zoning district. Where there is a conflict between the development standards provided for in the AIC Agricultural Industrial and Commercial Zone District and the development standards provided for in the underlying zoning district, then the development standards of the AIC Agricultural Industrial and Commercial Zone District shall apply.
(3)
Limitations. Nothing contained herein shall limit rights of landowners to maintain lawfully established uses.
(4)
The following principal uses, subject to site plan review except for facilities and land used for the growing of crops, are permitted:
(a)
Agricultural uses or activities as defined by the New Jersey Right to Farm Act, N.J.S.A. 4:1C et seq., and includes commercial farm buildings as defined by N.J.S.A. 52:27D-121 and as defined in N.J.A.C. 5:23-3.2(d)2.
[1]
Minimum lot size of five acres.
[2]
Minimum building setback from all property lines and road rights-of-way of 100 feet.
[3]
Maximum coverage of 20% per lot, provided that greenhouses for the growing of agricultural products which catch and reuse stormwater runoff as part of the agricultural process, or which catch and detain stormwater runoff for recharge into the water table or natural drainage system shall be permitted to increase their coverage to a maximum of 85%.
(b)
Processing plants for vegetables, fruits and grains, but excluding the distilling of grains for the making of alcohol or ethynol, or for the making of combustible chemicals or compounds.
(c)
Warehouses, packaging facilities, distribution centers, chilling or freezer facilities or other facilities directly related to locally grown agricultural products, but excluding slaughterhouses, rending operations or the processing of animal parts.
(5)
The following conditional uses, subject to the conditions noted below, are permitted:
(a)
Multi-use activities involving vegetable, fruit, horticulture, grain production, processing, packaging, storage and distribution facilities encompassing two or more of the above-referenced principal uses for farm products grown both locally and within the southern New Jersey region, provided that they meet the following conditions:
[1]
At least 5% of the product being handled by the such facilities shall be grown on site.
[2]
Site plan approval shall be required for all facilities located within structures.
[3]
Any such processing, packaging, storage and distribution activities shall not be found to be detrimental to agricultural activities occurring on adjacent farmland properties, or to be in conflict with the provisions of Subsection A(4)(b) hereinabove.
[4]
The minimum lot size shall be 20 acres.
[5]
The minimum setback line from property lines shall be 100 feet for all nonagricultural activities, i.e., the growing of crops.
[6]
Sufficient parking shall be provided for all employees at the site as determined by the parking requirements of this chapter based on use.
[7]
Maximum coverage shall not exceed 50% with the exception that if product is grown on site, the provisions of Subsection A(4)(a) above regarding maximum coverage shall apply.
[8]
Maximum height shall be 50 feet.
(b)
Agricultural markets and auctions, provided that they meet the following conditions:
[1]
The minimum lot size shall be five acres.
[2]
Site plan review and approval shall be required prior to approval of said use.
[3]
The said use shall not be found to be detrimental to adjoining residentially-used land or agricultural activities on adjoining farmland.
[4]
The minimum setback line from property lines shall be 100 feet for all nonagricultural activities or for agricultural activities within structures.
[5]
Sufficient parking shall be provided for all employees at the site as determined by the parking requirements of this chapter based on use.
(c)
Grain elevators or storage facilities subject to the following conditions:
[1]
Minimum lot size shall be five acres.
[2]
Site plan review and approval shall be required prior to approval of said use.
[3]
The said use shall not be found to be detrimental to adjoining residentially-used land or agricultural activities on adjoining farmland.
[4]
The setback line from all property lines shall be equal to the height of the agricultural storage facility with a minimum setback of 100 feet.
[5]
Sufficient parking shall be provided for all employees at the site as determined by the parking requirements of this chapter based on use.
[6]
Maximum coverage shall not exceed 50% with the exception that if product is grown on-site, the provisions of Subsection 4a above regarding maximum coverage shall apply.
[7]
Maximum height shall be 125 feet.
(6)
Design guidelines. Any proposed principal or conditional use permitted herein this zoning district shall meet the following applicable design criteria:
(a)
All structures shall not used for the growing of crops shall be landscaped and outdoor equipment, storage areas, trash facilities, and service equipment shall be buffered from adjoining properties used for agricultural or residential purposes.
(b)
Driveways and parking or loading areas shall be designed to avoid headlight glare from creating a nuisance on adjoining residential uses.
(c)
All facilities or structures not used for growing shall be suitably illuminated to the extent necessary for safety of employees, visitors and the public. On-site lighting shall meet the standards of this chapter with regard to intensity and glare reduction off site.
B.
Conservation Overlay District.
(1)
Purpose and intent.
(a)
The specific purpose and intent of this section is to provide for the protection of the stream corridors and adjacent wetlands and wooded areas while providing regulations for the future development of the adjacent area. These corridors and represent vital natural resources providing for the dispersal of stormwater runoff, recharge of the streams and groundwater supplies, natural buffers, protection from flooding, natural habitat for various plant and animal species indigenous to the area, and scenic corridors of natural vegetation and landscape.
(b)
The purposes of this section are summarized below:
[1]
Protect the health, safety and welfare of stream corridor residents.
[2]
Protect and enhance the valuable natural resources of the Conservation Overlay District.
[3]
Protect and encourage the continuation of existing traditional land use within the Conservation Overlay District.
[4]
Identify those future land uses which would conform with this section; those uses which, with conditions, would be deemed to conform; and those uses which would not conform.
[5]
Identify specific development and site design standards to be applied within along stream corridors and their adjoining wetlands and woodlands within the Conservation Overlay District.
[6]
Provide regional management of the stream corridors and their attendant wetlands and woodlands through local land use controls.
(c)
The Conservation Overlay District is established as an overlay zone, imposing a set of development requirements in addition to those of the existing, underlying zoning district. The C Conservation Overlay Zoning District is depicted on the Deerfield Township Zoning Map. Any development standards not expressly provided for in the Conservation Overlay District shall be governed by the underlying zoning district. Where there is a conflict between the development standards provided for in the Conservation Overlay District and the development standards provided for in the underlying zoning district, the most stringent requirement shall apply.
(2)
Limitations. Nothing contained herein shall limit rights of landowners to maintain lawfully established uses.
(3)
Nonconforming uses. Existing land uses which do not meet the standards outlined in this section are to be identified as nonconforming uses. Section 120-39 of this chapter provides conditions for those lawfully existing uses which do not meet the provisions of the Conservation Overlay District at the time of this chapter's enactment.
(4)
Principal uses. Any land use identified within this section as a principal use is allowed, subject to the restrictions of the applicable underlying district regulations.
(5)
Conditional uses. Any land use identified within this section as a conditional use in a specified location which will comply with all the conditions and standards for the location and operation of such use as specified by this chapter and authorized by the Land Use Board through this chapter.
(6)
Prohibited uses. All uses identified in the Subsection B(7)(c) herein as a prohibited use are expressly forbidden. In addition, all uses which are not expressly permitted as either a principal use or as a conditional use in this chapter are also prohibited.
(7)
Permitted uses. Within that portion of the Conservation Overlay District which is not identified as either floodplain area as provided in § 120-108 or as wetlands and wetlands transition areas, may be used for the following uses:
(a)
Principal uses:
[1]
Agricultural and horticultural activities except for involving structures which increase stormwater runoff to the adjoining stream without appropriate stormwater management techniques which reduce erosion, sedimentation and reduce or prevent agricultural chemical introduction to the adjoining stream.
[3]
Conservation activities such as an arboretum, wildlife habitat or management areas, nature preserves, bird sanctuary, railheads or similar land uses and activities.
[4]
Recreational uses, not requiring clearing of tree, shrubs, or other natural vegetation, except as necessary for fire protection, disease control or public safety and upon approval of the Land Use Board, such as a park, picnic grove, or walking or bridle path, but excluding closed structures or storage areas.
[5]
Hunting and fishing reserve.
(c)
Prohibited uses:
[1]
Landfills.
[2]
Waste storage/incineration.
[3]
Sludge land application.
[4]
Radioactive waste facilities.
[5]
High-intensity agricultural activities such as feedlots.
[6]
Sewage treatment facilities.
[7]
Generating stations or facilities.
[8]
Storage of chemicals, flammable or other hazardous materials.
(d)
Minimum lot size. The minimum lot size required in this section shall not hold precedence over larger minimum lot sizes required in underlying zoning districts. In the case of a conflict between the Conservation Overlay District Zone and the underlying zoning district, the largest minimum lot size shall be required.
(e)
Setbacks. All building setbacks and septic system setbacks shall be measured from the center line of the adjacent stream.
(f)
Clearing of vegetation. All principal uses shall be limited to a maximum amount of removal of natural, indigenous vegetation. Replanting of ornamental species shall not constitute adequate mitigation for exceeding this requirement. Calculation of cleared vegetation shall be cumulative for the lot area within the C Conservation Overlay District Zone.
(g)
Natural landscaping required. A planted area, composed of existing or planted indigenous species, shall be maintained parallel to any wetlands buffer and/or floodplain area for a width of not less than 50 feet. For the purposes of normal pedestrian access to the stream, an opening of not more than 10 feet may be excluded from this requirement.
§ 120-22 Zoning Map.
The boundaries of all zone districts shall be shown on the Zoning Map of the Township of Deerfield, dated March 13, 2002, as amended, and which, together with all explanatory matter shown thereon, are hereby adopted by reference and declared to be a part of this chapter. The originals of said map shall be maintained by the Township Land Use Board, and all changes in zone districts thereon shown shall be entered upon such maps upon enactment, after which it not be necessary to refer to such changes by metes and bounds.
§ 120-23 Interpretation.
Where uncertainty exists as to the exact location of any boundaries shown on said Zoning Map, the following rules shall apply:
A.
Zone boundary lines are intended to follow the center line of streets, or railroad rights-of-way, or streams and lot property lines as they exist on plats of record or the Township Tax Maps at the time of passage of this chapter unless such zone boundary lines are fixed by dimensions as shown on the Zoning Map.
B.
Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than 10 feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise.
C.
Where a zone district boundary divides a lot or plot of ground and actual dimensions are not shown, the location of such boundary shall be determined by measurement according to the scale of the map.
D.
Where physical or cultural features existing on the ground are at variance with those shown on the Official Zoning Map or in other circumstances not covered by other subsection herein above, the Land Use Board shall interpret the district boundaries.
§ 120-24 Schedules of Zoning District Regulations.
District regulations as set forth in the Township Schedule of District Regulations are hereby adopted by reference and declared to be a part of this chapter.[1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
§ 120-25 Zoning Map amendments.
(Reserved)