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Township of Fairfield, NJ
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The Code
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Chapter 45 Zoning
Chapter 45
Zoning
Editor's Note: The Zoning Ordinance codified herein contains ordinance amendments and revisions as directed by the Township Officials. The Zoning Ordinance was finally adopted on October 7, 1996 as Ordinance No. 96-13.
ATTACHMENTS
Attachment 1 - Schedule of Area Yard and Bldg Regs
Article I
General Provisions
§ 45-1
SHORT TITLE.
§ 45-2
APPLICATION, PURPOSE AND INTERPRETATION.
§ 45-2.1
Application of Provisions; Purposes.
§ 45-2.2
Scope; Interpretation.
§ 45-3
through § 45-4. (RESERVED)
Article II
Zones and Zoning Map
§ 45-5
ESTABLISHMENT OF ZONES; MAP; BOUNDARY LINES.
§ 45-5.1
Zones Established.
§ 45-5.2
Zoning Map.
§ 45-5.3
Interpretation of Boundary Lines.
§ 45-6
(RESERVED)
Article III
Definitions and Word Usage
§ 45-7
DEFINITIONS.
§ 45-7.1
Terms Defined.
§ 45-7.2
Word Usage.
§ 45-8
(RESERVED)
Article IV
General Regulations
§ 45-9
CONFORMANCE TO REGULATIONS.
§ 45-9.1
Conformity Required.
§ 45-9.2
Construction.
§ 45-10
PERMITS.
§ 45-10.1
(Reserved)
§ 45-11
CERTIFICATE OF OCCUPANCY.
§ 45-11.1
Changes in Use Group.
§ 45-12
ADDITIONAL PROVISIONS.
§ 45-12.1
Adult Uses.
§ 45-12.2
Yards.
§ 45-12.3
Principal Buildings.
§ 45-12.4
Accessory Structures and Uses.
§ 45-12.5
Parking of Certain Vehicles Restricted.
§ 45-12.6
Corner Lots.
§ 45-12.7
Buffer Area and Screening Requirements.
§ 45-12.8
Design of Exterior Building Walls.
§ 45-12.9
Enclosure of Roof Structures.
§ 45-12.10
Ground-Mounted Equipment.
§ 45-12.11
Outdoor Storage.
§ 45-12.12
Nature and Extent of Land Uses.
§ 45-12.13
Measurement of Minimum Required Lot Width.
§ 45-12.14
Regulating the Construction, Repair and Maintenance of Fences.
§ 45-12.15
Municipal Buildings and Uses.
§ 45-12.16
Mobile Dwelling, Travel Trailers and Recreational Equipment.
§ 45-12.17
Boat Storage.
§ 45-12.18
Elevation of Lots.
§ 45-12.19
Building Height Exceptions and Modifications.
§ 45-12.20
Exterior Lighting.
§ 45-12.21
Sheds.
§ 45-12.22
Maximum Length of Detached Dwellings.
§ 45-12.23
Certain Cannabis Establishments Prohibited.
§ 45-12.24
Short-Term Rentals Prohibited.
§ 45-13
FLOODPLAIN OVERLAY DISTRICT.
§ 45-14
APPLICATION OF PROVISIONS.
§ 45-14.1
Application of Provisions to Municipality.
§ 45-15
SOLAR ACCESS.
§ 45-15.1
Solar Access Protection.
§ 45-15.2
(Reserved)
§ 45-16
CONDITIONAL USE.
§ 45-16.1
Jurisdiction.
§ 45-16.2
Specific Conditional Uses.
§ 45-17
TREE PROTECTION.
Article V
Area, Yard and Building Regulations
§ 45-18
SCHEDULE OF AREA, YARD AND BUILDING REGULATIONS.
§ 45-18.1
Establishment and Incorporation of Schedule.
§ 45-18.2
Impervious Coverage for Nonresidential Developments with Variances.
Article VI
Off-Street Parking and Loading
§ 45-19
OFF-STREET PARKING AND LOADING REGULATIONS.
§ 45-19.1
Off-Street Parking Requirements.
§ 45-19.2
Parking Stall Sizes.
§ 45-19.3
Off-Street Loading and Unloading Space.
§ 45-19.4
General Requirements for Off-Street Parking Areas.
§ 45-19.5
Driveways.
§ 45-19.6
Design Standards.
§ 45-19.7
Location of Off-Street Parking in Non-residential Zones.
§ 45-19.8
Landscaping and Parking Lots.
§ 45-19.9
Electric Vehicle Parking Requirements.
§ 45-20
CELL TOWER REGULATIONS.
§ 45-21
(RESERVED)
Article VII
Zones and Zone Regulations
§ 45-22
R-1 RESIDENTIAL ZONE.
§ 45-22.1
Permitted Uses.
§ 45-22.2
Accessory Uses.
§ 45-22.3
Permitted Modifications and Conditional Uses.
§ 45-22.4
Area, Yard and Building Requirements.
§ 45-22.5
Other Requirements.
§ 45-23
R-2 RESIDENTIAL ZONE.
§ 45-23.1
Permitted Uses.
§ 45-23.2
Accessory Uses.
§ 45-23.3
Permitted Modifications and Conditional Uses.
§ 45-23.4
Area, Yard and Building Requirements.
§ 45-23.5
Other Requirements.
§ 45-24
R-3 RESIDENTIAL MIXED TOWNHOUSE AND SINGLE-FAMILY ZONE.
§ 45-24.1
Permitted Uses.
§ 45-24.2
Accessory Uses.
§ 45-24.3
Area, Yard and Building Requirements.
§ 45-24.4
Additional Regulatory Controls.
§ 45-25
R-4 RESIDENTIAL AGE-RESTRICTED HOUSING ZONE.
§ 45-25.1
Permitted Uses.
§ 45-25.2
Accessory Uses.
§ 45-25.3
Area, Yard and Building Requirements.
§ 45-25.4
Additional Regulatory Controls.
§ 45-26
R-5 RESIDENTIAL ZONE.
§ 45-26.1
Permitted Uses.
§ 45-26.2
Permitted Accessory Uses.
§ 45-26.3
Permitted Conditional Uses.
§ 45-26.4
Area, Yard and Building Requirements.
§ 45-26.5
Other Requirements.
§ 45-27
R-6 RESIDENTIAL DISTRICT.
§ 45-27.1
Permitted Uses.
§ 45-27.2
Accessory Uses.
§ 45-27.3
Conditional Uses.
§ 45-27.4
Area and Bulk Requirements.
§ 45-28
MULTIFAMILY OVERLAY ZONE.
§ 45-28.1
Permitted Principal Uses.
§ 45-28.2
Permitted Accessory Uses.
§ 45-28.3
Area, Yard and Building Requirements.
§ 45-28.4
Additional Regulatory Controls.
§ 45-29
NEW DUTCH LANE REDEVELOPMENT ZONE.
§ 45-29.1
Permitted Principal Uses.
§ 45-29.2
Permitted Accessory Uses.
§ 45-29.3
Area and Bulk Regulations.
§ 45-29.4
Signage.
§ 45-29.5
Parking and Circulation.
§ 45-29.6
Landscaping.
§ 45-29.7
Buffer Requirements.
§ 45-29.8
Street Trees.
§ 45-29.9
Trash Containment Areas.
§ 45-29.10
Mechanical and Utility Equipment.
§ 45-29.11
Lighting.
§ 45-29.12
Green Building Requirements and Standards.
§ 45-29.13
Submittal Requirements.
§ 45-29.14
Waivers.
§ 45-30
C-1 COMMERCIAL-NEIGHBORHOOD ZONE.
§ 45-30.1
Permitted Uses.
§ 45-30.2
Accessory Uses.
§ 45-30.3
Permitted Modifications and Conditional Uses.
§ 45-30.4
Area, Yard and Building Requirements.
§ 45-30.5
Other Requirements.
§ 45-31
C-2 COMMERCIAL ZONE-BLOOMFIELD AVENUE.
§ 45-31.1
Permitted Uses.
§ 45-31.2
Accessory Uses.
§ 45-31.3
Permitted Modifications and Conditional Uses.
§ 45-31.4
Area, Yard and Building Requirements.
§ 45-31.5
Other Requirements.
§ 45-32
C-3 COMMERCIAL-INDUSTRIAL MIXED-USE ZONE.
§ 45-32.1
Permitted Uses.
§ 45-32.2
Accessory Uses.
§ 45-32.3
Conditional Uses.
§ 45-32.4
Area, Yard and Building Requirements.
§ 45-32.5
Other Requirements.
§ 45-32.6
Prohibited Uses.
§ 45-33
COMMERCIAL OVERLAY ZONE.
§ 45-33.1
Permitted Principal Uses.
§ 45-33.2
Permitted Accessory Uses.
§ 45-33.3
Area, Yard and Building Requirements.
§ 45-34
H-R HIGHWAY REDEVELOPMENT ZONE.
§ 45-34.1
Permitted Principal Uses.
§ 45-34.2
Permitted Accessory Uses.
§ 45-34.3
Area and Bulk Regulations.
§ 45-34.4
Design Standards for Self-Storage Facilities.
§ 45-34.5
Submittal Requirements.
§ 45-34.6
Waivers.
§ 45-34A
IRO INCLUSIONARY RESIDENTIAL OVERLAY ZONE.
§ 45-34A.1
Purpose and Planning Rationale.
§ 45-34A.2
Applicability.
§ 45-34A.3
Definitions.
§ 45-34A.4
Application Requirements.
§ 45-34A.5
Permitted Principal Uses.
§ 45-34A.6
Permitted Accessory Uses.
§ 45-34A.7
Permitted Modifications and Conditional Uses.
§ 45-34A.8
Area, Yard and Building Requirements.
§ 45-34A.9
Other Requirements.
§ 45-35
H-D U.S. ROUTE 46 SPECIAL HIGHWAY DEVELOPMENT ZONE.
§ 45-35.1
Permitted Uses.
§ 45-35.2
Accessory Uses.
§ 45-35.3
Conditional Uses.
§ 45-35.4
Area, Yard and Building Requirements.
§ 45-35.5
Other Requirements.
§ 45-36
O-P OFFICE PROFESSIONAL DISTRICT.
§ 45-36.1
Permitted Uses.
§ 45-36.2
Accessory Uses.
§ 45-36.3
Prohibited Uses.
§ 45-36.4
Conditional Uses.
§ 45-36.5
Area, Yard and Building Requirements.
§ 45-37
(RESERVED)
§ 45-38
C-4 LIMITED ADULT USE OVERLAY ZONE DISTRICT.
§ 45-38.1
Permitted Uses.
§ 45-38.2
Area, Yard and Building Regulations.
§ 45-38.3
Supplemental Regulations for C-4 Uses.
§ 45-39
L-1 LIGHT INDUSTRIAL ZONE.
§ 45-39.1
Permitted Uses.
§ 45-39.2
Accessory Uses.
§ 45-39.3
Conditional Uses.
§ 45-39.4
Area, Yard and Building Requirements.
§ 45-39.5
Other Requirements.
§ 45-40
L-2 LIGHT INDUSTRIAL ZONE.
§ 45-40.1
Permitted Uses.
§ 45-40.2
Accessory Uses.
§ 45-40.3
Conditional Uses.
§ 45-40.4
Area, Yard and Building Requirements.
§ 45-40.5
Other Requirements.
§ 45-41
L-3 LIGHT INDUSTRIAL ZONE.
§ 45-41.1
Permitted Uses.
§ 45-41.2
Accessory Uses.
§ 45-41.3
Conditional Uses.
§ 45-41.4
Area, Yard and Building Requirements.
§ 45-41.5
Other Requirements.
§ 45-42
ASO AIRPORT SAFETY OVERLAY ZONE DISTRICT.
§ 45-42.1
Purpose.
§ 45-42.2
Delineation of Overlay Zone Boundaries.
§ 45-42.3
Permitted Uses.
§ 45-42.4
Prohibited Uses.
§ 45-42.5
Vertical Development (Height) Standards for Permitted Uses.
§ 45-42.6
Additional Requirements.
§ 45-42.7
(Reserved)
§ 45-43
through § 45-45. (RESERVED)
§ 45-46
A-C AGRICULTURAL — CONSERVATORY ZONE.
§ 45-46.1
Purpose and Objective.
§ 45-46.2
Permitted Uses.
§ 45-46.3
Accessory Uses.
§ 45-46.4
Permitted Modifications and Conditional Uses.
§ 45-46.5
Area, Yard and Building Requirements.
§ 45-46.6
Other Requirements.
§ 45-47
P, OS AND R PUBLIC, OPEN SPACE AND RECREATION ZONE.
§ 45-47.1
Permitted Uses.
§ 45-47.2
Accessory Uses.
§ 45-48
MUO-1 MIXED USE OVERLAY-1 ZONE.
§ 45-49
RZO-1 RESIDENTIAL ZONE OVERLAY-1 ZONE.
Article VIII
(Reserved)
Article IX
Site Plan Review and Approval
§ 45-58
SITE PLAN REVIEW; APPROVAL; WAIVERS AND EXCEPTIONS.
§ 45-58.1
Requirements for Building Permits, Certificates of Occupancy or Certificates of Continued Occupancy for Existing Nonresidential Buildings Without Site Plan Approval.
§ 45-58.2
Establishment of Site Plan Committee; Site Plan Waiver.
§ 45-58.3
Application for Site Plan Waiver.
§ 45-58.4
Approval of Site Plan Waiver.
§ 45-58.5
Prohibition of Site Plan Approval Where Taxes or Assessments are Due or Delinquent.
§ 45-58.6
Site Plan Approval Required.
§ 45-58.7
Greatest Restrictions Shall Apply.
§ 45-59
PROCEDURE FOR NONRESIDENTIAL DEVELOPMENT.
§ 45-60
through § 45-61. (RESERVED)
Article X
Signs
§ 45-62
GENERAL REGULATIONS FOR SIGNS.
§ 45-62.1
Words and Terms; Definitions.
§ 45-62.2
Permit Required; Exceptions.
§ 45-62.3
Signs Requiring Fee.
§ 45-62.4
Signs Not Requiring Fee.
§ 45-62.5
Changes in Sign Messages.
§ 45-62.6
Revocation of Permit.
§ 45-62.7
General Sign Provisions.
§ 45-62.8
Measurement of Signs.
§ 45-62.9
Illumination.
§ 45-62.10
Prohibited Signs.
§ 45-62.11
Maintenance of Signs.
§ 45-62.12
Registration of Existing Signs.
§ 45-62.13
Freestanding Signs.
§ 45-62.14
Temporary Commercial Signs.
§ 45-63
SPECIFIC REGULATIONS FOR SIGNS.
§ 45-63.1
Signs Permitted in R-1, R-2 and A-C Zones.
§ 45-63.2
Signs Permitted in C-1, C-2, C-3 and H-D Zones.
§ 45-63.3
Signs Permitted in L-1, L-2, L-3 and O-P Zones.
§ 45-63.4
Noncommercial Signs.
§ 45-64
(RESERVED)
Article XI
Performance Standards; Nonconforming Uses and Structures
§ 45-65
PERFORMANCE STANDARDS.
§ 45-65.1
Application of Provisions.
§ 45-65.2
General Requirements.
§ 45-66
NONCONFORMING USES AND STRUCTURES.
§ 45-66.1
Continuance.
§ 45-66.2
Abandonment.
§ 45-66.3
Restoration.
§ 45-66.4
Reversion.
§ 45-66.5
Alterations.
§ 45-66.6
Certificate of Prior Nonconforming Use.
§ 45-66.7
Fee for Certificate of Nonconforming Use.
Article XII
Board of Adjustment
§ 45-67
(RESERVED)
Article XIII
Enforcement; Zoning Permits; Penalties
§ 45-68
ENFORCEMENT.
§ 45-68.1
Enforcement Official.
§ 45-69
ZONING PERMITS.
§ 45-69.1
Conditions for Issuance of Zoning Permit.
§ 45-69.2
Certificate of Reoccupancy.
§ 45-69.3
(Reserved)
§ 45-69.4
(Reserved)
§ 45-70
VIOLATIONS AND PENALTIES.
§ 45-70.1
Penalties Established.
§ 45-71
(RESERVED)
Article XIV
Housing Element and Fair Share Plan
§ 45-72
(RESERVED)
§ 45-73
(RESERVED)
§ 45-74
AFFORDABLE HOUSING DEVELOPMENT FEES.
§ 45-74.1
Findings and Purpose.
§ 45-74.2
Basic Requirements.
§ 45-74.3
Definitions.
§ 45-74.4
Residential Development Fees.
§ 45-74.5
Nonresidential Development Fees.
§ 45-74.6
Collection Procedures.
§ 45-74.7
Affordable Housing Trust Fund.
§ 45-74.8
Use of Funds.
§ 45-74.9
Monitoring.
§ 45-74.10
Ongoing Collection of Fees.
§ 45-74A
AFFORDABLE HOUSING REGULATIONS.
§ 45-74A.1
Purpose.
§ 45-74A.2
Monitoring and Reporting Requirements.
§ 45-74A.3
Definitions.
§ 45-74A.4
Applicability.
§ 45-74A.5
Rehabilitation Programs.
§ 45-74A.6
Accessory Apartment Program.
§ 45-74A.7
Phasing Schedule for Inclusionary Developments.
§ 45-74A.8
New Construction.
§ 45-74A.9
Utilities.
§ 45-74A.10
Occupancy Standards.
§ 45-74A.11
Control Periods for Restricted Ownership Units and Enforcement Mechanisms.
§ 45-74A.12
Price Restrictions for Restricted Ownership Units, Homeowner Association Fees and Resale Prices.
§ 45-74A.13
Buyer Income Eligibility.
§ 45-74A.14
Limitations on Indebtedness Secured by Ownership Unit; Subordination.
§ 45-74A.15
Capital Improvements to Ownership Units.
§ 45-74A.16
Control Periods for Restricted Rental Units.
§ 45-74A.17
Rent Restrictions for Rental Units; Leases.
§ 45-74A.18
Tenant Income Eligibility.
§ 45-74A.19
Municipal Housing Liaison.
§ 45-74A.20
Administrative agent.
§ 45-74A.21
Affirmative Marketing Requirements.
§ 45-74A.22
Enforcement of Affordable Housing Regulations.
§ 45-74A.23
Appeals.
§ 45-74B
AFFORDABLE HOUSING MANDATORY SET-ASIDE.
§ 45-74B.1
Purpose and Scope.
§ 45-74B.2
Affordable Housing Mandatory Set-Aside Requirement.
Article XV
Effective Date; Repealer; Severability; Amendments
§ 45-75
EFFECTIVE DATE.
§ 45-75.1
When Effective.
§ 45-76
REPEALER.
§ 45-76.1
Inconsistent Ordinances.
§ 45-77
SEVERABILITY.
§ 45-77.1
Remainder of Chapter.
§ 45-78
AMENDMENTS TO REGULATIONS.
§ 45-78.1
Petition for Amendment.
