Lincoln Park City Zoning Code
ARTICLE XXV
Right to Farm
§ 28-25.1 Purpose.
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.
§ 28-25.2 Where permitted.
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.
§ 28-25.3 Permitted activities.
A.
Commercial farms that comply with the requirements of this section shall be permitted to engage in the following activities in all zones where commercial farming is a principal permitted use:
(1)
Production of agricultural and horticultural crops, trees, apiary and forest products, livestock, poultry, and other commodities as described in the Standard Industrial Classification for agriculture, forestry, fishing and trapping, or included under the corresponding classification under the North American Industry Classification System;
(2)
Processing and packaging the agricultural output of the commercial farm;
(3)
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 § 28-25.5;
(4)
Replenish soil nutrients and improve soil tilth;
(5)
Control pests, predators and diseases of plants and animals;
(6)
Clear woodlands using open burning and other techniques and install and maintain vegetative and terrain and other physical facilities for water and soil conservation and surface water control in wetlands areas;
(7)
Conduct on-site disposal of organic agricultural wastes;
(8)
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;
(9)
Erection of essential agricultural buildings including those dedicated to processing and packaging of the output of the commercial farm;
(10)
Construction of fences;
(11)
Pick-your-own operations;
(12)
Grazing of farm animals and use of range for fowl;
(13)
Use of farm equipment, including irrigation pumps, aerial and ground seeding and spraying, tractors, harvest aides, and bird control devices;
(14)
The application of manure and chemical fertilizers, insecticides and herbicides;
(15)
Installation of wells, ponds, and other water resources for agricultural purposes such as irrigation, sanitation and marketing preparation; and
(16)
Engage in 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.
B.
The right to engage in these farming activities shall exist on weekdays, weekends, and holidays, during all hours of the day and night.
C.
To qualify to engage in the activities permitted by this section, a commercial farm and its operations must:
(1)
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;
(2)
Conform to all relevant federal and state statutes, rules and regulations;
(3)
Not pose a direct threat to public health and safety; and
(4)
In the case of any commercial farm engaged in the production, raising or keeping of livestock, poultry, or other animals, maintain a fifty-foot setback between all property lines and all areas of the commercial farm devoted to the production, raising or keeping of such livestock, poultry, or other animals.
§ 28-25.4 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.
§ 28-25.5 Farm markets.
Farm markets shall comply with the following regulations:
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.
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.
§ 28-25.6 Other farm buildings.
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.
§ 28-25.7 Commercial farm parking.
A.
Commercial farms shall provide parking in conformance with the requirements of this section.
(1)
One on-site parking space shall be provided for each 350 square feet of floor area used for the wholesale or retail marketing of the agriculture output of the farm and/or products that contribute to farm income.
(2)
One on-site parking space shall be provided for each 500 square feet of outdoor area used for the wholesale or retail marketing of the agriculture output of the farm and/or products that contribute to farm income.
(3)
One on-site parking space shall be provided for every two nonresident employees of the farm.
(4)
Parking shall be provided in conformance with the requirements of the Residential Site Improvement Standards for any residence located upon or within the commercial farm.
B.
All parking areas for commercial farms 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 for handicap parking, which shall be paved. Parking spaces within gravel surface area shall be delineated by landscape ties installed flush to the ground surface, wheel stops, or other suitable methods approved by the Planning Board.
§ 28-25.8 Residential buffers.
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.
§ 28-25.9 Zoning permit.
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.
§ 28-25.10 Site plan approval.
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.