No building shall hereafter be erected and no
existing building shall be moved, structurally altered, rebuilt, added
to or enlarged, nor shall any land be used for any purpose other than
those included among the uses listed as permitted uses in each zone
by this chapter and meeting the requirements set forth in the appended
schedule. Nor shall any open space contiguous to any building be encroached
upon or reduced in any manner except in conformity to the area and
bulk requirements, off-street parking requirements and all other regulations
designated in the schedule and this chapter for the zone district
in which such building or space is located. In the event of any such
unlawful encroachment or reduction, such building or use shall be
deemed to be in violation of this chapter and the certificate of occupancy
applying thereto shall become void.
Fences may be erected, altered or reconstructed
in accordance with the following regulations and in accordance with
all other provisions of this chapter:
A. Fences running parallel to the front property line
may be erected, altered or reconstructed to a height not to exceed
three feet above ground level when located within 40 feet of the street
line toward which the front entrance of any dwelling in a residential
zone faces.
B. Fences running parallel to the front property line
may be erected, altered or reconstructed to a height not to exceed
six feet above ground level when located more than 40 feet from the
street line in a residential zone or when located in the yard area
of any use in a business zone.
C. Fences running parallel to side or rear yard lines
may be erected, altered or reconstructed to a height not to exceed
six feet when located in side or rear yards of any dwelling in a residential
zone.
D. The foregoing restrictions shall not be applied so
as to prevent the erection of an open wire fence not exceeding eight
feet above ground level anywhere within a public park, public playground
or school premises.
E. All fences must be erected within the property lines,
and no fence shall be erected so as to encroach upon a public right-of-way.
F. All fences shall be maintained in a safe, sound and
upright condition.
G. If the Construction Official, upon inspection, determines
that any fence or portion of any fence is not being maintained in
a safe, sound or upright condition, he shall notify the owner of such
fence, in writing, of his findings and state briefly the reasons for
such findings and order such fence or portion of such fence repaired
or removed within 15 days of the date of the written notice.
[Amended 8-13-1991 by Ord. No. 91-5]
H. These restrictions shall not be applied so as to restrict
the erection of a wall for the purpose of retaining earth.
I. Temporary fences, such as orange safety fences, snow fences, expandable
fences and collapsible fences may not be erected on any residential
property without first being approved by the Construction Official
in writing. The owner of the temporary fence must remove the temporary
fence within 30 days from the date of the Construction Official's
approval, or seek an extension of time from the Construction Official
for the fence to remain in excess of 30 days.
[Added 9-12-2019 by Ord.
No. 2019-6]
[Amended 8-12-2008 by Ord. No. 2008-4]
Areas devoted to drainage or stormwater management
basins shall not be included in the calculation of lot area or credited
towards the minimum area of a lot. The lot area of a freestanding
drainage or stormwater management basin shall not be subject to the
bulk and area requirements otherwise applicable to the zoning district
in which the basin is located.
[Amended 5-12-1981 by Ord. No. 81-4]
Notwithstanding any provisions of this chapter,
a property owner may build a single-family dwelling conforming to
the R-5 requirements in any business or industrial area. However,
before the building permit will be issued for such construction, a
letter will be written by the Construction Official informing the
applicant of the potential consequences of such construction in such
area.
Wherever the property line of a business or
industrial zone of a lot abuts or is across the street from a residential
zone, a buffer area shall be established which shall include an area
of land 25 feet in width as measured from said street or property
line.
A. Within said buffer area, no use, activity or sign
shall be established other than such driveways as are necessary to
provide proper means of ingress to and egress from the parking area.
B. Within said buffer area, a solid and continuous landscape
screen shall be planted and maintained. Said landscaping shall consist
of massed evergreen and deciduous trees and shrubs of such species
and size as will produce, within two growing seasons, a screen at
least four feet in height and of such density as will obscure 75%
of the glare of automobile headlights emitted from the premises throughout
the full course of the year.
C. The landscape screen described above shall be located
so as to be not closer than 10 feet to a property line or street line.
D. The entire buffer strip shall be graded and planted
with grass seed or sod and such other shrubbery or trees as may be
desired by the owner. The entire area shall be attractively maintained
and kept clean of all debris and rubbish. In the event that any of
the plantings in accordance with the above requirements do not live,
they shall be replaced within one year.
[Added 8-12-2021 by Ord. No. 2021-8]
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services, as said terms are defined in Section
3 of P.L. 2021, c. 16, are prohibited from operating in the Borough of Newfield,
but not the delivery of cannabis items and related supplies by a delivery
service.