Recognizing that certain uses, activities and
structures are necessary to serve the needs and conveniences of the
Township of Chesterfield and at the same time recognizing that such
uses may be or become inimical to the public health, safety and general
welfare if located and operated without proper consideration being
given to existing conditions and character of the surrounding area,
such uses are hereby designated as conditional uses. In addition to
other powers conferred by this chapter and applicable statutes, the
Approving Authority shall have original jurisdiction pursuant to the
procedural requirements established in this chapter to grant a permit
for a conditional use under the terms and conditions established by
this chapter. All conditional use applications shall require site
plan approval.
A.
Specifically authorized. The use for which application
is being made is specifically authorized as a conditional use in this
chapter for the zone in which located.
B.
Design standard.
(1)
The design, arrangement and nature of the particular
use is such that the public health, safety and welfare will be protected
and reasonable consideration is afforded to the:
(a)
Character of the neighborhood and zone.
(b)
Conservation of property values.
(c)
Health and safety of residents or workers on
adjacent properties and in the surrounding neighborhood.
(d)
Potential congestion of vehicular traffic or
creation of undue hazard.
(e)
Principles and objectives of this chapter and
planned development of the Township of Chesterfield.
(2)
Minimum standards established. In addition, such conditional uses shall adhere to the minimum standards specified for the particular use in this section and to such additional conditions and safeguards as in the opinion of the Approving Authority will implement the intent and objectives of this section and chapter. In addition, in reviewing any application for a conditional use, the Approving Authority shall apply the applicable standards set forth in § 130-48 below.
A.
Home occupations. Home occupations shall be conducted
only as an accessory use. The purpose of these requirements is to
recognize home occupations as a legitimate accessory use, but that
they are a nonresidential use in a residential neighborhood. Should
a home occupation grow beyond its originally approved limits, it is
the intent of this chapter that the use be interpreted as having changed
to a new use subject to review and approval by the Approving Authority.
A denial of the new use will require either moving it to a zoning
district where it is permitted or scaling down the operations to the
level of a permitted home occupation. A home occupation shall be conducted
solely by resident occupants of the lot, except that no more than
one person not a resident of the building may be employed on the premises
at any one time or no more than two people may be dispatched from
the lot per day. Also, no more than 900 square feet or the equivalent
of the first floor area of the building, whichever is smaller, shall
be used for the home occupation. The home occupation shall remain
subordinate and incidental to the principal residential use. The minimum
area for the residence shall remain at least as large as that required
for residences; no display of products shall be visible from the street;
the residential character of the neighborhood and buildings shall
not be changed; the occupation shall be conducted entirely within
either the dwelling or accessory building, but not both; no occupational
sound shall be audible outside the building; no machinery or equipment
shall be used which will cause interference with radio and television
reception in the neighboring residences; adequate parking shall be
provided; and the use shall not reduce the parking or yard requirements
of the principal residential use.
B.
Veterinary hospital. A veterinary hospital is a facility operated by a licensed veterinarian or veterinarian surgeon which engages in the practice of treating diseases and injuries of farm and domestic animals, surgically or medically, shall be permitted as conditional use within the Agricultural District under the standards of § 130-14B, provided that the Approving Authority finds that the following standards are met:
(1)
No building or buildings will occupy more than 25%
of the lot area. Minimum lot size shall be four acres.
(2)
Such use will in no way be detrimental to surrounding
property values and that the structure of proposed use will serve
a useful purpose to the general welfare of the Township.
(3)
Signs may be illuminated but nonflashing and limited
in area to not more than 30 square feet on any one side and shall
not be closer than five feet from any street line or 15 feet from
any other property line.
(4)
The front, rear and side yards shall be increased
one foot for each foot by which such building exceeds the height limit
herein established for the zone in which it is located. An applicant
seeking to exceed the height limit shall apply for a bulk variance,
but in no event may the applicant's requested height be ten-percent
greater than the height limits imposed by the zoning criteria for
the zoning district in which the property is located or 10 feet, whichever
is less.
(5)
The off-street parking requirement standard may be
increased where necessary to provide sufficient parking for the number
of cars anticipated to utilize the proposed use.
(6)
All utilitarian and service areas are adequately screened and buffered in accordance with the standards set forth in Article XII.
(7)
Minimum distance of any outside kennels or pens for
animals (other than livestock) shall be 200 feet from the closest
lot line.
C.
Cemetery. A cemetery is a permitted conditional use within any AG zone under the standards of § 130-14C, provided that the Approving Authority determines the following conditions to be met:
(1)
That the location of the cemetery will not unduly
restrict proposed development of the community and that a proposed
cemetery or extension of the cemetery conforms to the general overall
development plan of the Township of Chesterfield.
(2)
That the access to the cemetery is so arranged and
designed that impairment of traffic flow on adjoining streets will
be minimized.
(3)
That the proposed use in the proposed location will
not adversely affect the safe and comfortable enjoyment of property
rights or otherwise adversely affect the value of adjacent properties.
(4)
That sufficient fencing, landscaping, including trees,
shrubs and lawn are provided to serve as a buffer between said use
and adjoining properties and to assure an attractive appearance for
the use.
D.
Retail nursery outlets/sale of farm products shall
be permitted in any AG Zone as a conditional use under following provisions:
(1)
Farmstands will not be detrimental to the general
area surrounding the lot on which it is to be erected.
(2)
Farmstands and their uses will not unduly interfere
with the rights of adjoining lot owners to light, air, drainage and
freedom from pollution.
(3)
Farmstands will be no closer to the front property
line than 50 feet and no closer to the side property line than 50
feet.
E.
Nursery school/day-care facility (see § 130-14E) may be authorized by the Planning Board as a conditional use in all districts subject to the following standards, specifications and criteria:
(1)
The use will not injure or detract from the use of
neighboring property.
(2)
The use will not detract from the character of any
residential neighborhood.
(3)
The use of the property adjacent to the area included
in the plan is adequately safeguarded.
(4)
The property is suitable for the intended use.
(5)
The use will serve the best interests of the Township.
(6)
The use will not adversely affect public facilities
and services, such as water, sewer, utilities and police and fire
protection.
(7)
The use will not adversely affect the existing drainage
facilities.
(8)
The use will not adversely affect the safe flow of
traffic and adequate roadway accesses shall be provided to protect
roadways from undue congestion and hazards.
(9)
The architecture will be compatible with the neighborhood.
(10)
Additional parking may be required by the Planning
Board if analysis of the proposed type of operation and number of
employees and visitors involved indicates the above ratio will not
generate sufficient parking spaces.
(11)
Separate vehicle stacking lanes for pedestrian
dropoff and pickup shall be provided. The minimum number of stacked
cars shall be determined by the Planning Board at time of site plan
review.
(12)
All active recreation areas shall be fenced
with a four-foot-high vinyl-covered chain link fence or equivalent.
(13)
All property lines adjacent to residential lots
shall be buffered with evergreen trees as determined by the Planning
Board. The evergreen buffer species, height at time of planting and
spacing shall be sufficient to create a visual buffer within three
years from the time of installation. Parking lots, play areas and
accessory buildings shall also be buffered if required by the Planning
Board.
(14)
Outdoor areas located near hazardous areas as
determined by the Planning Board shall be fenced or otherwise protected
as directed by the Planning Board.
(15)
The use will serve the best interests of the
Township.
(16)
The required outdoor play area shall be green,
open and unpaved for active recreational activities.
(17)
In residential districts, the exterior of structures
used for child-care centers shall be architecturally designed as a
residential unit compatible with the types of units existing or to
be located in the neighborhood. Drawings of the building's exterior
design shall be submitted and approved by the Planning Board. This
requirements shall not be applicable to child-care centers operating
in churches.
(18)
Child-care centers operated in a residential
structure by the owner-occupant with no employees shall be exempt
from the applicable standards, provided that no more than five nonresident
children are on the premises at any one time.
(19)
The minimum lot size in each district shall
be increased by 500 square feet per child for every child in excess
of five.
(20)
The minimum outdoor play areas shall be 150
square feet per child.
F.
Utility facilities (such as pumping stations and transformers).
Public utility uses shall be permitted as a conditional use in any
zone district, provided that the Approving Authority shall find the
following:
(1)
That the proposed use in a specific location is necessary
for the efficiency of the public utility system.
(2)
That the design of any building in connection with
such facility shall conform to the general character of the area and
will in no way adversely affect the safe and comfortable enjoyment
of property rights of adjoining property or within the neighborhood.
(3)
That the adequate and attractive fences and other
safety devices shall be provided and sufficient landscaping, including
shrubs, trees and lawns, shall be provided and will be periodically
maintained by the public utility.
(4)
That all other requirements and specifications for
the zone district in which such use is located will be met and observed.
G.
Theaters: movie or live. (Reserved.)
H.
I.
Service stations.
(1)
All storage areas, trash facilities, pits, lifts and
working areas shall be within a building. All lubrication, repair
or similar activities shall be performed in an enclosed building and
no dismantled parts, junk vehicles or unregistered vehicles shall
be placed outside.
(2)
Service stations shall not be stripped along available
highway frontage or at each quadrant of a convenient intersection.
They shall be located according to an overall plan for the neighborhood
as approved by the Approving Authority. Ingress and egress shall be
designed to recognize the turning movements generated. Access points
shall be coordinated with the access points required for nearby uses,
frequency of intersecting side streets, minimizing left turns off
collector and arterial streets and maintaining building setbacks compatible
with the required setbacks and landscaping. No service station shall
have an entrance or exit for vehicles within 200 feet of any school,
playground, church, hospital, public building or residential zoning
district line, except where such property is on another street which
the lot in question does not abut.
(3)
All gasoline pumps, air pumps and the islands upon
which pumps are normally located shall be set back from the street
right-of-way line at least 30 feet and from any other property line
at least 50 feet. A minimum space of 25 feet shall exist between any
two islands and between any island and the service station building.
(4)
No junked motor vehicle or part thereof and no unregistered
motor vehicle shall be permitted outside an enclosed service station
building. No more than six licensed and registered motor vehicles
may be located outside a service station building at any one time.
(5)
The exterior display and parking of equipment for
rent or sale shall be permitted, provided that the area devoted to
this purpose is in addition to the minimum lot size required for a
service station, the area devoted to this purpose does not exceed
20% of the total area of the service station site, the maximum sign
area for a service station is not exceeded and that the location of
the equipment being rented or sold does not interfere with the required
off-street parking requirements for the service station and does not
interfere with the on-lot traffic circulation indicated on the approved
site plan.
J.
Solar energy facilities or structures. Solar energy facilities and structures are hereby permitted as conditional accessory uses in the AG, R-1 and Village Zones, subject to the conditions specified in § 130-144.
[Added 10-12-2011 by Ord. No. 2011-18]
K.
Cannabis
uses.
[Added 7-28-2022 by Ord. No. 2022-12]
(1)
Purpose. P.L. 2021, c. 16, known as the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act" (the "Act"), legalized the recreational use of cannabis by adults 21 years of age or older, and established a comprehensive regulatory and licensing scheme for commercial recreational (adult use) cannabis operations, use and possession. The Act also required municipalities to opt in or opt out of permitting cannabis businesses, and allowed municipalities choosing to opt in to develop reasonable regulations for the location and manner of operations. Section 87-7 of this Code permits cannabis cultivation, cannabis manufacturing and cannabis wholesaling facilities as conditional uses in the "C" Commercial Zoning District, "OP" Office Park Zoning District, and "AG" Agricultural Zoning District. This section sets forth the land use requirements for cannabis cultivators, cannabis manufacturers and cannabis wholesalers and is designed to protect the community from visual and other adverse impacts of the uses.
(2)
Lighting. Greenhouse interior lighting will likely extend beyond
sunset and light trespass at night should be prevented through the
use of blackout shades with side tracking or other comparable technologies,
activated dusk to dawn. All outdoor lighting shall comply with Township
ordinances.
(3)
Noise. Noise generated on site shall be in compliance with all applicable
state and township noise regulations.
(4)
Odor control. A cannabis business licensee shall prevent all odors
generated from the cultivation and storage of cannabis from escaping
from the buildings on the site, such that the odor cannot be detected
by a reasonable person of normal sensitivity outside the buildings.
All cannabis facilities shall have an air treatment system to mitigate
cannabis-related odor. The air treatment system shall have sufficient
odor-absorbing filtration systems utilizing carbon filters or other
odor removal and elimination technology effective in the cannabis
industry. All ventilation and exhaust systems shall function together
to eliminate cannabis odors coming from the interior of the premises,
such that any odor generated inside the facility is not detectable
by a person of reasonable sensitivity at the subject property line.
(5)
Water use. In addition to meeting all other Township requirements,
the applicant shall provide a water conservation plan, which describes
how rainwater will be captured and reused and how irrigation water
shall be recirculated, with zero waste. Additionally, the water conservation
plan shall include other features, including, but not limited to:
(6)
Stormwater management. Stormwater management shall be provided sufficient
to satisfy all New Jersey Department of Environmental Protection and
Township stormwater control standards, except that applicants shall
recharge 100% of the average annual pre-construction groundwater recharge
volume for the site.
(7)
Buffering. Densely planted vegetated buffering of at least 50 feet shall be installed along all property lines, except for driveways or other access points. Buffering shall be consistent with § 130-80F of this Code.
(8)
Building design. Cannabis cultivators must design the growing facilities
within greenhouses or other fully-enclosed buildings that are designed
to maximize solar energy use and minimize the use of other energy
sources. The applicant shall maintain the design of the buildings
on the site in accordance with the approved plans (e.g., floor plans
and site plans).
(9)
Energy conservation. Recognizing that the operation is energy-intensive,
the installation and operation of solar PV generators is required
for a portion of the energy usage on site for all cannabis businesses.
(10)
Farmland soil preservations. Every cannabis cultivator shall:
(a)
Identify all prime agricultural soils, soils of statewide importance,
and soils of local importance on the site plan.
(b)
Design the site to avoid these soils to the maximum extent practical
in the siting of impervious cover;
(c)
To the extent impervious cover cannot avoid these soils, the
applicant shall consult with the USDA-NRCS and shall follow the USDA-NRCS
recommendations for protecting the soils to the extent possible; and
(d)
Prepare and submit to the Township a soils management and restoration
plan to restore the agricultural land in the event that the facility
ceases to operate.
(11)
The minimum lot size requirement for cannabis businesses shall
be 10 acres.
(12)
No cannabis business shall be located within 1,000 feet of a
school or daycare center.
