Mine Hill Township City Zoning Code
ARTICLE XII
General Regulations
§ 310-120 Conformity to area regulations.
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.
§ 310-121 Conformity to use regulations.
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.
§ 310-121.1 Cannabis establishments and uses prohibited.
[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.
§ 310-122 Pending applications for building permits.
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.
§ 310-123 Open space.
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.
§ 310-124 Appearance of buildings.
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:
§ 310-125 Nuisances; noise; open storage; sidewalk displays.
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.
§ 310-126 Sexually oriented business.
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.
§ 310-127 Right to farm.
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.