This chapter shall be known and may be cited as the "Township
of Fairfield Zoning Ordinance."
A.
General purpose. The purpose of this chapter is to establish a precise
and detailed plan for the use of land in the Township based on the
Master Plan, as amended, and enacted in order to promote and to protect
public health, safety, morals, comfort, convenience and general welfare
of the people.
B.
Specific purposes.
(1)
To encourage the most appropriate use of land throughout the Municipality
while conserving the value of property, with reasonable consideration
for the character of various zoning districts and their peculiar suitability
for particular uses that will be compatible with development patterns
in neighboring municipalities and surrounding region.
(2)
To regulate land use in accordance with the Master Plan designed
to lessen congestion in the streets, to secure safety from fire, panic
and other dangers, to provide adequate light, air and open space,
and to promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, and communities and preservation of the environment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open spaces.
(4)
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
(5)
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
the improper use of land.
(6)
To prevent the overcrowding of land and the undue concentration of
population.
(7)
In the interest of attaining the objectives outlined above, to regulate
the height, design, appearance, number of stories and size of buildings
and other structures as well as their placement on the land.
A.
Intent. For the purposes of this chapter, all words used in the present
tense include the future tense. All words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the word indicates
otherwise. The word "shall" is mandatory and not directory. The word
"used" includes "designated, intended or arranged to be used."
B.
ACCESSORY USE OR STRUCTURE
ADMINISTRATIVE OFFICER
ALTERATIONS
ANTENNA
APPLICANT
APPROVING AUTHORITY
BASEMENT
BUILDING
BUILDING WALLS AND PORCHES
BUSINESS
CCA BUILDINGS
CCA EQUIPMENT
CCA EQUIPMENT COMPOUND
CCA INSTALLATIONS
CCA MONOPOLES AND TOWERS
CERTIFICATE OF OCCUPANCY
CHANNEL
CLUSTER DEVELOPMENT
COMMERCIAL COMMUNICATIONS ANTENNA (CCA)
COMMERCIAL SOLAR ENERGY OPERATIONS OR FACILITIES
COMMON OPEN SPACE
CONDITIONAL USE
COURT
DEVELOPER
DEVELOPMENT
DRAINAGE
DWELLING UNIT
(1)
(2)
(3)
(4)
DWELLING, DETACHED, ONE-FAMILY
DWELLING, TWO-FAMILY
ENVIRONMENTAL COMMISSION
EROSION
ESSENTIAL SERVICES
FAMILY
FARM
FARM BUILDING
FENCE or WALL
FLOODPLAIN
FLOODWAY
GARAGE, PRIVATE
GARDEN APARTMENTS
GLARE
GRADE, FINISHED
GROSS FLOOR AREA, TOTAL
HABITABLE FLOOR AREA
HOME CRAFT
HOME PROFESSIONAL OFFICE
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT WIDTH
MAINTENANCE GUARANTEE
MASTER PLAN
MOBILE HOME
MOBILE HOME PARK
MOTOR VEHICLE SERVICE STATION
NATURAL STREAM
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
OCCUPANCY
PARKING SPACE, OFF-STREET
PERFORMANCE GUARANTEE
PERMIT, BUILDING
PERMIT, TEMPORARY USE
PERMIT, ZONING
(1)
(2)
PLANNING AND ZONING BOARD
PRINCIPAL BUILDING
PRINCIPAL PERMITTED USE
QUORUM
RENEWABLE ENERGY FACILITY
RESTAURANT
RIGHT-OF-WAY LINES
ROOF
ROTOR DIAMETER
SCHEDULE OF REGULATIONS
SCHOOL
SETBACK LINE
SIGN
SIGN, AREA OF
SITE PLAN
(1)
(2)
(3)
SMALL WIND ENERGY SYSTEM
SOLAR ENERGY
SOLAR OR PHOTOVOLTAIC ENERGY SYSTEM
SOLAR PANELS, SOLAR CELLS and PHOTOVOLTAIC CELLS
STREET
STREET LINE
STRUCTURE
SWIMMING POOL
TOWNHOUSE
TOWNSHIP
TRAVEL TRAILER
VARIANCE
WATERCOURSE
WIND ENERGY SYSTEM
WIND TURBINE
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING OFFICER
Specific words and phrases defined. Certain words and terms in this
chapter are to be interpreted as defined below:
A subordinate use or structure, the purpose of which is incidental
to that of the main use or structure and on the same lot therewith.
The Secretary of the Planning and Zoning Board; the Township
Clerk in the case of matters involving the Township Committee; and
the Zoning Officer in the case of matters involving the issuance of
zoning permits, certificates of occupancy, and zoning ordinance enforcement.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
As applied to a building or a structure, a change or rearrangement
in the structural part or in the existing facilities, or an enlargement,
whether by extension of a front, rear or side or by increasing in
height or in depth, or by moving from one location or position to
another.
A device used to transmit and/or receive radio or electromagnetic
waves between earth- and/or outer-space-based structures.
[Added 9-18-2019 by Ord.
No. 8-2019]
A developer submitting an application for development.
The Planning and Zoning Board of Fairfield Township unless
a different agency is designated by ordinance when acting pursuant
to the authority of N.J.S.A. 40:55D-1 et seq.
The portion of the building that is partly underground which
has more than 1/2 its interior height measured from floor to finished
ceiling below the average finished grade of the ground adjoining the
building.[1]
A combination of materials to form a construction adapted
to permanent, temporary, or continuous occupancy, and having a roof.
The walls of a building, including the front wall nearest
to and facing on the front street line of the lot on which the building
has been or is to be erected and the side and rear walls nearest to
and facing on the side and rear lot lines respectively. Roofed porticos,
whether open or enclosed, shall be considered as a part of a building
when measuring distances from the street line or other lot lines.
Existing roofed porches and porticos may only be permanently enclosed
when they comply with all front, side or rear yard setback requirements.
Any enterprise, occupation, trade or profession engaged in,
either continuously or temporarily, for profit. The term "business"
shall include the occupancy or use of a building or premises or any
portion thereof for the transaction of business or the rendering or
receiving of professional services.
Buildings used to house and shelter CCA equipment and not
otherwise intended for human occupancy other than for maintenance.
[Added 9-18-2019 by Ord.
No. 8-2019]
Electronic and telecommunications equipment that is essential
for the transmission and reception of wireless telecommunications
in conjunction with antennas.
[Added 9-18-2019 by Ord.
No. 8-2019]
Area containing CCA equipment and CCA antennas.
[Added 9-18-2019 by Ord.
No. 8-2019]
Buildings, structures, equipment, antennas and towers used
for the delivery of wireless radio telecommunications through a network.
[Added 9-18-2019 by Ord.
No. 8-2019]
A vertical structure designed principally to elevate and
support wireless telecommunications antennas, which is freestanding
and is not attached to a building or a structure, having an independent
principal purpose or function.
[Added 9-18-2019 by Ord.
No. 8-2019]
A document which shall be deemed to authorize and be required
for each occupancy and use of a building or land to which it applies
and shall continue in effect only so long as such building and the
use thereof and use of such land is in full conformity with the requirements
of Fairfield Township development regulations or any requirements
made pursuant thereto. A certificate shall only be issued by the Zoning
Officer upon completion of construction or alteration or prior to
any changes in occupancy of a building or land, only after the Zoning
Officer is satisfied that said construction or change is in full compliance
with the requirements of the Fairfield Township development regulations
or a determination pursuant thereto by a municipal agency. Maintenance
of a valid certificate of occupancy shall be the responsibility of
the property owner.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The bed and banks of a stream which convey the normal flow
of the stream.
A series of detached, single-family homes for which individual building sites, on the basis of an approved site plan according to the standards included in § 450-25, may be reduced in size and width for the purposes of providing a more compact service area and the retention of sizable areas of public or common open space.
An antenna that is intended for commercial transmission or
reception of personal wireless telephone services and data communications,
and including commercial mobile services communications and common
carrier wireless exchange access services.
[Added 9-18-2019 by Ord.
No. 8-2019]
A solar energy system which exists as a principal use to
generate electricity, heat water, and/or produce hot air for use on
site, by sites contiguous to the site, and/or off site with electricity
delivered by distribution and/or transmission lines.
[Added 12-18-2012 by Ord.
No. 16-2012]
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and/or lot or dwelling owners of the development. Common
open spaces may contain such complementary structures and improvements
as are necessary and appropriate for the use and enjoyment of residents
and owners of the development.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning and Zoning Board.
An unoccupied open space other than a yard. An outer court
is one which extends to a front, side or rear yard.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or of
any mining, excavation or landfill, and any use or change in the use
of any building or other structure or land, or extension of use of
land, for which permission may be required pursuant to N.J.S.A. 40:55D-1
et seq.
The removal of surface water or groundwater from land by
drains, grading or other means and including control of runoff to
minimize erosion and sedimentation during and after construction or
development as well as the means necessary for water supply preservation
or prevention or alleviation of flooding.
A group of interrelated rooms:
Intended or designed for the use of one family;
Separated from other space by lockable doors;
Having access to the outdoors without crossing any portion of
another family's dwelling quarters; and
Having provisions for living, sleeping and cooking facilities,
fixed or portable, and complete sanitary facilities.
A detached building designed for and occupied exclusively
by one family.
A detached building designed for and occupied by two families
living independently of each other.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
The erection, construction, alteration or maintenance by
public utilities, telephone or municipal or other governmental agencies
of underground or overhead gas, electric, steam, water or sewage transmission
or distribution systems, including buildings, poles, wires, mains,
drains, sewers, pipes, conduits, cables, fire alarm boxes, police
call boxes, traffic signals, hydrants and other similar equipment
and accessories in connection therewith, reasonably necessary for
the furnishing of adequate service by such public utilities, or municipal
or other governmental agencies, for the public health or safety or
general welfare.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any parcel of land, five acres or larger, which is used for
gain in the raising of agricultural products, including crops, livestock,
poultry or dairy products and nursery products.
Any building used for storing agricultural equipment or farm
produce, or housing livestock or poultry. The term "farm building"
shall not include residential dwellings.
A structure which permanently or temporarily prohibits or
inhibits unrestricted travel between properties or portions of properties
or between the street or public right-of-way and a property.
A land area adjoining a river, stream, or other watercourse
which is likely to be flooded. For the purposes of this chapter, the
one-hundred-year flood which has a one-percent chance of being flooded
in any given year was chosen. The special flood hazard area is delineated
on the HUD Floodplain Map used by the Federal Insurance Administration.
Floodplains as described above are shown on the Fairfield Township
Zoning Map.
Any portion of a floodplain lying within 50 feet of the adjacent
channel edge of a natural stream or within 25 feet from the edge of
a lake or center line of any watercourse other than a natural stream.
A building or space accessory to a residence which provides
primarily for the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
A residence building or group of one or more residence buildings
of not more than 2 1/2 stories in height and two rooms in depth
designed and erected as a project with singleness of use and operation
and where joint or communal use is to be made of open areas by the
occupants, whether it be for recreation, parking of automobiles or
other communal purposes.
Illumination whereby a source of light, producing a reading
of 50 or more on a Standard Weston Photographic Light Meter or equivalent
at a distance of three feet, is visible from the public right-of-way,
or a reading of 0.8 or more is found when such meter or equivalent
is held anywhere on a residential property line.
The completed surfaces of lawns, walks, roads, drives and
other open areas brought to grades as shown on official plans.
The sum of the gross horizontal areas of every floor of a
building, measured from the inside face of exterior walls or from
the center line or party or common walls.
The sum of the horizontal floor areas within a building unit(s)
having distance between floor and ceiling of at least eight feet for
residential structures and at least 7 1/2 feet for nonresidential
structures which is heated and otherwise maintained for year-round
human occupancy, and not including basement, garage or accessory building
space.
Any occupation carried on as a subordinate use by a member
of the family residing on the premises of a residential use.
The office, studio, or occupational room of a physician,
surgeon, dentist, architect, licensed professional engineer, lawyer,
real estate agent, certified public accountant, insurance broker,
anyone desiring home office engaged in direct personal services when
such use is within a dwelling which is the bona fide residence of
the principal practitioner.
Any off-street space not less than 12 feet in width, 70 feet
in length, and 14 feet in height available for the loading or unloading
of goods, having direct access to a street or alley and so arranged
that no vehicle is required to back into a street.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
An area of land enclosed by the boundary line of the lot
and expressed in terms of square feet or acres. Any portion of a lot
included in a public right-of-way shall not be included in calculating
lot area.
A lot bounded on two or more sides by a public right-of-way.
That percentage of the lot or plot covered by all structures,
paving and other nonporous materials other than retaining walls, shrubbery
and fences. Any area of a lot covered by porous material will not
be included in the calculation of lot coverage.
The mean perpendicular distance between the front lot line
and a line parallel to the front lot line drawn through the midpoint
of the rear lot line, provided that, in triangular lots having no
rear lot line, the distance shall be measured to the rearmost line,
parallel to the front lot line, that is at least 75% of the required
lot width.
The horizontal distance measured along the full length of
a street line abutting the lot line. In the case of corner lots, the
shorter of the two street lines shall be considered as the frontage.
The right-of-way line of a street which a lot or parcel abuts.
A lot line other than the front lot line which is the farthest
from the street. In the case of a lot abutting two streets, required
front yard setbacks from both streets shall be observed. (Where there
is any question, the Construction Code Official shall designate the
rear lot line.)
A continuous line connecting the front and rear lot lines
and which forms the boundary line between the lot and the adjacent
parcel of land.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The horizontal distance between the side lot lines measured
at the front lot line. The minimum lot width as required by this chapter
shall be for at least 75% of the lot depth, as measured continuously
from the front lot line, except for lots which front on a turnaround
or cul-de-sac street, in which case lot width at the front lot line
may be reduced to 50% of the required width, but lot width measured
at the building or setback line must be equal to or greater than 75%
of the required lot width.
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required under the
authority of N.J.S.A. 40:55D-1 et seq.
A composite of one or more written or graphic proposals for
the development of the Municipality as set forth and adopted pursuant
to N.J.S.A. 40:55D-28.
Any vehicle or similar conveyance so designed or constructed
as to permit its transportation as a fully built unit and as to permit
occupancy for dwelling purposes on a permanent basis.
Any plot of ground upon which two or more mobile homes or
mobile units used for dwelling or sleeping purposes are located.
A place where gasoline or other motor fuel or lubricating
oil or grease for operating motor vehicles is offered for sale at
retail to the public, which may include the sale of accessories, oiling,
greasing, washing and light motor vehicle repairs on the premises.
A naturally eroded channel with visible evidence of banks
and bed, as distinguished from a swale which shows no evidence of
natural erosion, except occasional gullying, and from a ditch, which
is an artificially excavated channel.
A building which, in its design, use or location upon a lot,
does not conform to regulations of this chapter for the zone in which
it is located.
A lot or parcel which does not have the minimum width or
depth or contain the minimum area for the zone in which it is located
or the use to which it is being put.
The use of a building or of land in a manner which does not
conform to the regulations of the zone in which it is located.
The specific purpose for which land or a building is used,
designated or maintained.
An area at least 10 feet in width and having a total of 200
square feet exclusive of driveways appurtenant and giving access thereto,
accessible from a street, but not located on a street, which is both
suitable and intended for the parking of a passenger motor vehicle.
Any off-street parking space that is a part of a parking lot shall
be so designed so as not to require a vehicle to back into or from
a street right-of-way.
Any security which may be accepted by the Township of Fairfield,
including cash, provided that the Township shall not require more
than 10% of the total performance guarantee in cash.
A document issued by the Municipal Construction Code Official
authorizing the construction, reconstruction, remodeling, alteration
or repair of a building pursuant to the standards and requirements
contained in the Uniform Construction Code.
A document issued by the Zoning Officer for the conduct of
a use otherwise prohibited by this chapter for a limited time period
and stating that the special requirements governing said use and that
all other applicable requirements have been complied with as certified
by the Planning and Zoning Board.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition precedent to the
commencement of a use for the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building;
and
Which acknowledges that such use, structure or building complies
with the provision of this chapter of the Code of the Township of
Fairfield or variance therefrom duly authorized by a municipal agency
pursuant to N.J.S.A. 40:55D-60 and N.J.S.A. 40:55D-70.
The Fairfield Township Planning and Zoning Board established
pursuant to N.J.S.A. 40:55D-23 et seq.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A building in which is conducted the main or principal use
of the lot on which the building is situated.
Primary use as specified for each district, together with
any use customarily incidental to the primary use or building and
located on the same lot with such principal use or building. It shall
specifically exclude radio towers.
A majority of the full authorized membership of a municipal
agency.
A facility and all associated equipment that engages in the
production of electric energy from solar technologies, photovoltaic
technologies or wind energy.
[Added 12-18-2012 by Ord.
No. 16-2012]
Any building or use which serves food to the general public
and which provides tables, chairs and/or counters for the consumption
of food entirely within the walls of such building or use. "Restaurant"
does not include "take-out" or "drive-in" establishments which permit
the consumption of food within motor vehicles.
The boundary lines of land used or intended for use as streets
and from which setback and other requirements shall begin. Where existing
records are vague or show a lesser dimension, they shall be considered
to be not less than 50 feet apart, 25 feet from the center line of
the street.
A covering of any material of a permanent nature being supported
by columns, piers, metal rods, walls or cantilevered from a principal
structure and having aperture on its surface greater than 50% of the
total area.
The cross-sectional dimension of the circle swept by the
rotating blades of a wind-powered energy generator.
[Added 12-18-2012 by Ord.
No. 16-2012]
The zoning schedule of district regulations made a part of this chapter by § 450-7.
An institution designed and staffed to provide educational
opportunity, not including any such institution housing detainees.
A line parallel to the street at a distance therefrom equal
to the depth of the front yard required for the district under consideration.
No part of a building may extend closer to the street than the setback
line.
Any device, structure, or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag of any public, quasi-public,
civic, charitable, or religious group.
The area included within the frame or edge of the sign. Where
the sign has no such frame or edge, the area shall be defined by an
enclosed four-sided (straight sides) geometric shape which most closely
outlines said sign.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including,
but not necessarily limited to, topography, vegetation, drainage,
floodplains, marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility facilities, landscaping, structures and signs, lighting, and
screening devices; and
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning and Zoning Board
adopted pursuant to N.J.S.A. 40:55D-37 through 40:55D-59.
A wind energy system that is used to generate electricity,
has a nameplate capacity of 100 kilowatts or less, and is as high
as necessary to capture the wind energy resource, but at a maximum
of 150 feet in height.
[Added 12-18-2012 by Ord.
No. 16-2012]
The radiant energy received from the sun which through photovoltaic
technologies or other solar technologies is used to produce electricity.
[Added 12-18-2012 by Ord.
No. 16-2012]
A solar energy system and all associated equipment which
converts solar energy into electricity, heats water, and/or produces
hot or compressed air.
[Added 12-18-2012 by Ord.
No. 16-2012]
Equipment containing one or more receptive cells or other
devices mounted on arrays, rooftops or other structures and utilizing
solar technologies for the conversion of solar energy into electricity,
to heat water, and/or to produce hot or compressed air.
[Added 12-18-2012 by Ord.
No. 16-2012]
A public thoroughfare which has been or will be dedicated
or deeded to the public for public use.
The right-of-way line of a street, road or other public way
used or intended for use by vehicular traffic.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above, or below the surface
of a parcel of land.
Any artificially constructed pool and any lake or pond maintained
by an individual for bathing for the use of his household and guests,
located on a lot as an accessory use to a residence. A wading pool,
with a depth of less than 18 inches, shall not be deemed as a swimming
pool. A portable pool, located above ground level, with an area of
less than 125 square feet and a water depth of less than three feet,
temporary in character and constructed of a material other than concrete
or masonry, capable of being moved from one place to another, shall
not be deemed to be a swimming pool.
One of a series of attached, one-family dwelling units, each
having a common wall between adjacent section or sections and individual
rear yard and/or front yard designated as an integral part of the
one-family dwelling unit.
The Township of Fairfield.
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation or other
short-term uses and having an outside body length not exceeding 30
feet and which may contain cooking, sleeping and sanitary facilities.
Permission to depart from the literal requirements of this
chapter or other Fairfield Township development regulations pursuant
to N.J.S.A. 40:55D-1 et seq.
Any land area or use either naturally formed or artificially
designed for the storage, passage, retention or flow of water, including,
but not limited to, the following: lake, pond, canal, ditch or swale.
A wind turbine and all associated equipment, including any
base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component, necessary to fully utilize
the wind generator.
[Added 12-18-2012 by Ord.
No. 16-2012]
Equipment that converts energy from the wind into electricity.
This term includes the rotor, blades and associated mechanical and
electrical conversion components necessary to generate, store and/or
transfer energy.
[Added 12-18-2012 by Ord.
No. 16-2012]
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front building line of that lot.
An open, unoccupied space on the same lot as the principal
building, extending the full width of the lot and situated between
the rear lot line and the building line.
An open, unoccupied space between the side line of the lot
and the nearest side building line and extending from the front yard
to the rear yard or, in the absence of either of such yards, to the
street or rear lot lines as the case may be.
The administrative officer designated as the person to issue
zoning permits and certificates of occupancy and to carry out zoning
ordinance enforcement.
