Oldmans Township City Zoning Code
ARTICLE I
General Provisions
§ 110-1 Title.
This chapter shall be known as a "comprehensive ordinance regulating and limiting the uses of land and the uses and locations of buildings and structures; regulating and restricting the height and bulk of buildings and structures and determining the area of yards and other open spaces; regulating and restricting the density of population; dividing the Township of Oldmans into districts for such purposes; adopting a map of said Township showing boundaries and the classification of such districts; establishing rules, regulations and standards governing the subdivision of land within the Township; establishing a Planning Board and a Board of Adjustment; and prescribing penalties for the violation of its provisions."
§ 110-2 Short title.
The short form by which this chapter may be known shall be the "Land Development Ordinance of the Township of Oldmans."
§ 110-3 Purpose.
This chapter is adopted pursuant to N.J.S.A. 40:55D-1 et seq. in order to promote and protect the public health, safety and general welfare and in furtherance of the following related and more specific objectives:
A.
To secure safety from fire, flood, panic and other natural and man-made disasters.
B.
To provide adequate light, air and open space.
C.
To ensure that the development of the Township of Oldmans does not conflict with the development and general welfare of neighboring municipalities, the county and the state as a whole.
D.
To promote the establishment of appropriate population densities and concentrations that will contribute to the well-being of persons and neighborhoods and preservation of the environment.
E.
To encourage the appropriate and efficient expenditure of public funds by the coordination of public development with land use policies.
F.
To provide sufficient space in appropriate locations for a variety of agricultural, residential, recreational, commercial and industrial uses and open space, both public and private, according to their respective environmental requirements.
G.
To encourage the location and design of transportation routes which will promote the free flow of traffic while discouraging location of such facilities and routes which result in congestion, blight or hazards.
H.
To promote a desirable visual environment through creative development techniques and good civic design and arrangements.
I.
To promote the conservation of open space and valuable natural resources and to prevent urban sprawl and degradation of the environment through improper use of land.
J.
To encourage senior citizen community housing construction consistent with provisions permitting other residential uses of a similar density in the same zoning district.
K.
To encourage coordination of the various public and private procedures and activities shaping land development with a view to lessening the cost of such development and to the more efficient use of land.
§ 110-4 Interpretation of standards.
The provisions of this chapter shall be held to be minimum requirements. Where this chapter imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or resolutions, the provisions of this chapter shall control. Where other laws, rules, regulations or resolutions require greater restrictions than are imposed or required by this chapter, the provisions of such other laws, rules, regulations or restrictions shall control.
§ 110-5 Prohibited uses.
All uses not expressly permitted in this chapter are prohibited.
§ 110-6 Time of compliance.
A.
All applicable requirements shall be met at the time of erection, enlargement, alteration, moving or change in use of the principal use and shall apply to the entire structure or structures, whether or not the entire structure or structures were involved in the erection, enlargement, alteration, moving or change in use.
B.
Continuation. Any lawful use of a building or land existing or authorized by a building permit at the time of original construction may be continued although such use does not conform to the provisions of this chapter. The owner or occupant may apply for and obtain permits for alterations and development of said nonconforming property for additions and accessory structures without the need for a variance, provided that the addition or accessory structure would have been permitted by the Zoning Ordinance in effect at the time of the construction of the principal structure. This subsection should be considered remedial legislation and shall be liberally construed by the Zoning Officer.
[Added 11-8-2017 by Ord. No. 2017-15]
§ 110-7 Right to farm.
A.
The right to farm all land within the Township of Oldmans is hereby recognized to exist as a natural right and is also hereby recognized to exist as a permitted use throughout the Township of Oldmans, regardless of zoning designation in the zoning provisions of this chapter.
B.
The right to farm includes the use of large irrigation pumps and equipment, aerial and ground seeding and spraying, larger tractors, numerous farm laborers and the application of chemical fertilizers, pesticides, herbicides and fungicides, all for the purpose of producing from the land agricultural products, such as vegetables, grains, hay, fruits, fibers, wood, trees, plants, shrubs, flowers and seeds. The right to farm expressly excludes the cultivation or growing of cannabis except within the CII Commercial/Industrial District as set forth in § 110-20 and, as such, any activity included within the six classes of cannabis licenses are prohibited in all other areas of the Township.
[Amended 11-14-2018 by Ord. No. 2018-09; 8-11-2021 by Ord. No. 2021-07]
C.
The right to farm also includes the use of land for the grazing of animals, subject to the restrictions and regulations set forth in § 110-8 of this chapter and as otherwise set forth in this chapter regarding the use of land for the grazing of animals.
D.
The foregoing uses and activities included in the right to farm may occur on holidays, Sundays and weekdays, 24 hours a day. The noise, odors, dust and fumes that are caused by said uses are also specifically permitted as part of the exercise of this right to farm, when reasonable and necessary for that particular farming, livestock or fowl production and when conducted in accordance with generally accepted agricultural practices.
E.
The aforementioned rights are subject only to the restrictions and regulations for intensive fowl or livestock farms and subject to state and Township health and sanitary codes.
F.
A use will not be allowed in the industrial zone if it is determined by either the Planning Board or the Township Committee that the discharges from any industrial operation will adversely affect the environment, more particularly the farming operations in existence within the Township of Oldmans. Industrial operations in existence prior to the effective date of this chapter may be required to take remedial measures consistent with the requirements of this chapter.
§ 110-8 Large animals in residential districts.
The keeping of horses, ponies, cows and other large animals is not permitted in the VC and VR Zones except when subject to the following standards:
A.
Not more than one horse or pony may be kept on a lot of at least 25,000 square feet, provided that it is enclosed in a pen or corral containing at least 800 square feet, including a stable under a roof of at least 100 square feet, and further provided that the pen, corral, fences or similar enclosures are not closer than 30 feet to the adjacent property lines or 15 feet to the adjacent property lines with proper screening and 75 feet to any neighboring dwelling. No fence or screening shall be erected until plans, samples or catalog cuts defining the proposed type of fence and screening are approved by the Zoning Officer or the Planning Board or the Zoning Board.
[Amended 8-7-2002 by Ord. No. 2002-6]
B.
Not more than two horses or ponies may be kept on a lot of at least 45,000 square feet, provided that they are enclosed in a pen or corral containing at least 800 square feet per animal, including a stable under a roof of at least 100 square feet per animal, and further provided that the pen, corral, fences or similar enclosures are not closer than 30 feet to the adjacent property lines or 15 feet to the adjacent property lines with proper screening and 75 feet to any neighboring dwelling.
C.
Not more than three horses or ponies may be kept on a lot of at least three acres, provided that they are enclosed in a pen or corral containing 800 square feet for the first horse or pony and 400 square feet for each additional horse or pony, including a stable under a roof containing at least 100 square feet per animal, and further provided that the pen, corral, fences or similar enclosures are not closer than 30 feet to the adjacent property lines with proper screening and 75 feet to any neighboring dwelling.
D.
The stable shall be defined as a structure for housing horses or ponies and products used for the keeping and handling of horses or ponies. No structures housing horses or ponies shall be located nearer than 30 feet to any adjacent property lines with proper screening and 75 feet to any neighboring dwelling.
§ 110-8.1 Family home occupations in residential districts.
[Added 4-2-2003 by Ord. No. 2003-2]
A.
A family home occupation shall be an accessory use, secondary to the use of the lot for residential purposes, not requiring a use variance, provided that:
(1)
The residential character of the lot and building shall not be changed nor the exterior show evidence of the home occupation;
(2)
The activity employs no persons other than family members residing in the dwelling or unit;
(3)
The volume of invitees or guests who visit the residential dwelling or unit is not in excess of what is otherwise customary for residential use in the neighborhood;
(4)
There is no outside appearance of a family home occupation, i.e., there are no exterior signs, lights or parking pertaining to the home occupation;
(5)
The volume of delivery and/or pickup truck traffic is not in excess of two vehicles per day;
(6)
The activity uses no equipment or processes that create noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception;
(7)
The activity does not generate any solid waste or sewage discharge, in volume or type, which is not normally associated with residential use in the neighborhood; and
(8)
The activity is not illegal.
B.
In the case of a dwelling unit which is jointly owned by others, the provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, bylaws or other documents which prohibit a family home occupation within a dwelling unit.
C.
At any time and for due cause, based upon the needs of the community, Oldmans Township may establish, by ordinance, limitations for or prohibit entirely any family home occupations which it deems would be incompatible with the residential zones in which they are located.
D.
The provisions of this section shall not be construed as limiting in any manner the powers of Oldmans Township to protect the health, safety and welfare of its residents, including the investigation and elimination of nuisances.
§ 110-9 Yards cannot be used by another building.
No open space provided around any principal building for the purpose of complying with the front, side, rear or other yard provisions of this chapter shall be considered as providing the yard provisions for another principal building.