Hamilton City Zoning Code
ARTICLE IV
Agricultural District
§ 203-19 Purpose.
A.
It is the purpose of this district to protect areas of active agricultural use, together with adjacent areas of prime and unique agricultural soils suitable for expansion of agricultural operations.
B.
The agricultural zones within the township support and reinforce the community's environmental and agroeconomic base, and the intent herein is to sustain these districts and uses within an environment that is compatible with the agricultural and environmental interests.
§ 203-20 Permitted and accessory uses.
Buildings and land in the Agricultural District shall be used only for the following purposes:
A.
Permitted uses shall be as follows:
Agricultural airfields | |
Agricultural commercial establishments [Amended 11-20-1989 by Ord. No. 1014-89] | |
Agricultural employee housing | |
Agricultural processingb | |
Agriculture | |
Forestry (See § 203-174.) | |
Home occupations | |
Low-intensity recreation, including hunting clubs and lodges Pinelands development credits (See § 203-171.) | |
Single-family residentiala |
NOTES: | ||||
a | A. | |||
(1) | The dwelling is accessory to an active agricultural operation. | |||
(2) | The dwelling is for an operator or employee of the farm who is actively engaged in and essential to the agricultural operation. | |||
(3) | The dwelling is to be located on a lot which is under or qualified for agricultural assessment. | |||
(4) | The dwelling is located on a lot which has an active production history or where a farm management plan has been prepared which demonstrates that the property will be farmed as a unit unto itself or as part of another farm operation in the area. | |||
(5) | A residential lot has not been subdivided from the property within the previous five years, unless the lot has been subdivided pursuant to § 203-202A(5) of this chapter. [Amended 2-19-1991 by Ord. No. 1063-1991] | |||
(6) | No more than one may be created for a dwelling pursuant to this subsection at any one time. [Added 2-19-1991 by Ord. No. 1063-1991] | |||
B. | In addition, residential dwelling units at a gross density not exceeding one unit per 40 acres will be permitted, provided that: [Amended 8-4-1997 by Ord. No. 1280-97] | |||
(1) | The unit(s) shall be clustered on one-acre lots; | |||
(2) | The remainder of the parcel, including all contiguous lands in common ownership, which is not assigned to individual residential lots shall be permanently dedicated for agricultural uses through recordation of a restriction on the deed to the parcel; and | |||
(3) | The restriction on the deed to the parcel, including any rights to be redeemed for future residential development, shall be done in accordance with N.J.A.C. 7:50-5, Part IV, so as to sever any Pinelands development credits allocated to the parcel. | |||
b | Except commercial livestock or poultry processing establishments. | |||
§ 203-21 Area and bulk requirements; exceptions.
A.
Area and bulk requirements shall be as follows:
(3)
Minimum yard requirements: b
(a)
Front yard setback: c,d 200 feet.
(b)
Side yard setback: c 300 feet aggregate, minimum 150 feet on one side.
(c)
Rear yard setback: 300 feet.
NOTES: | |||
a | The height limits in this article shall not apply to church spires, belfries, cupolas, chimneys, flues and farm silos, provided that: | ||
A. | The aggregate area covered by all such features, except agricultural structures, shall not exceed 20% of the total roof area. | ||
B. | The height of such features shall not exceed 25 feet above roof level. | ||
b | Setback requirements shall not apply to pump houses and other structures, up to 300 square feet in area, which may be as close as 15 feet to the property line. | ||
c | Projections into yards by porches, balconies, stairs and canopies shall be limited to 12 feet or the building setback line, whichever is less, in side or rear yard areas, and six feet or the building setback line, whichever is less, in front yard areas. Bay window projections into front and rear yards shall be limited to three feet and in side yards shall be limited to two feet. The length of such window(s) shall not exceed, in total, 30% of the exterior wall of which they are located. | ||
d | |||
e | Excluding barns and other related farm buildings which may be as high as 35 feet. | ||
f | Except as otherwise provided under footnote a of § 203-20A above for dwelling units at a density not exceeding one unit per 40 acres. | ||
g | Notwithstanding the minimum lot areas set forth in Subsection A(2) above, no such minimum lot area for a nonresidential use in the AG District shall be less than that needed to meet the water quality standards of Article XV, Special Regulations, § 203-186B(4), whether or not the lot may be served by a centralized sewer treatment or collection system. | ||
B.
Exceptions to front yard and side yard setback requirements for principal and accessory structures are as follows:
(1)
In the Forest Area District, Rural Development Districts and Agriculture Districts, where the parcel of land existed as a conforming lot prior to February 7, 1979, the parcel is not contiguous to other vacant lot(s) in the same ownership and the lot is an undersized lot of record in respect to the zone in which it is located, a single-family residential structure may be expanded or enlarged and accessory structures may be constructed, expanded or enlarged as long as the following front yard and side yard setbacks will be maintained:
[Amended 11-19-2007 by Ord. No. 1613-2007]
(a)
For lots equal to or less than 2.5 acres, the standards of RD-1 shall apply.
(b)
For lots equal to or less than four acres but not less than 2.5 acres, the standards of RD-2.5 shall apply.
(c)
For lots equal to or less than five acres but not less than four acres, the standards of RD-4 shall apply.
(d)
For lots equal to or less than 10 acres but not less than five acres, the standards of RD-4 shall apply.
§ 203-22 Off-street parking.
§ 203-23 Landscaping.
B.
All new permanent plantings shall consist of native vegetation. (NOTE: Excludes annual flowers.) (See § 203-185.)
C.
The site plans or major subdivision plans filed with the township shall include a landscape plan identifying areas to be cleared and planted and areas where existing vegetation is to be preserved. The location of proposed plants shall be drawn to scale at maturity and keyed to a plant list. The plant list shall indicate the quantity, botanical and common name, size at installation and root condition (bare root, balled and burlapped) container (including size) for each proposed species along with a schedule for planting. The landscape portion of the application shall also include applicable planting details, cost estimates and pertinent maintenance schedule.
[Amended 7-7-1997 by Ord. No. 1261-97]
§ 203-24 Lighting.
[Amended 7-7-1997 by Ord. No. 1280-97]
All lighting for any structure shall be installed so as to preclude any glare or interference upon any surrounding land use or roadway. All lighting shall conform to the requirements as set forth within § 203-167B.
§ 203-26 Additional standards.
A.
All agricultural activities and fish and wildlife management activities, including the preparation of land and the planting, nurturing and harvesting of crops, shall be carried out in accordance with recommended management practices established for the particular agricultural activity by the New Jersey Department of Agriculture, the Soil Conservation Service and the New Jersey Agricultural Experimental Station at Rutgers University.
B.
In agricultural production districts, a resource conservation plan shall be prepared by the operator of every agricultural use or the appropriate Soil Conservation District located in an area which has been designated by any agency of federal, state or local government as having substandard surface or ground water. If prepared by the operator, such plan shall be submitted to the Soil Conservation District for review. The resource conservation plan shall be reviewed, updated and revised as necessary and shall provide for the use of recommended management practices as found in, but not limited to, the following publications:
C.
All agricultural operations in any agricultural production district shall be exempt from any ordinance or regulation which inhibits efficient crop production, including but not limited to ordinances and regulations imposing time limits on operations, dust limits and odor restrictions, except those ordinances and regulations which are strictly necessary for the maintenance of the public health.