[Amended 9-1-1988 by Ord. No. 316]
[Amended 4-5-2018 by Ord.
No. 774]
A.
No use or occupancy of any building, structure or land shall hereafter
be changed to a different use or occupancy and no building or structure
or part thereof shall hereafter be erected, constructed, reconstructed,
moved or structurally altered unless in conformity with all of the
regulations herein specified for the district in which it is located,
except as hereinafter provided.
B.
Any use not expressly permitted by this chapter is hereby prohibited
throughout the Township of Upper Deerfield and the following or similar
uses and activities are specifically prohibited in any zoning district
throughout the Township of Upper Deerfield:
(1)
Unlicensed butcher shops and slaughterhouses (except USFDA-licensed
facilities).
(2)
Junk yards and automobile salvage.
(3)
Resource extraction.
(4)
Incinerators.
(5)
Billboards and any signboards, advertising signs or devices not expressly
related to the business being conducted on the premises or otherwise
specifically permitted by this chapter.
(6)
Concrete plants.
(7)
Motocross parks.
(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,[1] but not the delivery of cannabis items and related supplies
by a delivery service.
[Added 7-15-2021 by Ord. No. 828]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
A.
Area regulations. No building or other structure shall hereafter
be erected or altered to exceed the height, to accommodate or house
a greater number of families, to occupy a greater percentage of lot
area or to have a narrower or smaller rear yard, front yard, side
yard or other open spaces than are herein required, or in any other
manner contrary to the provisions of this chapter, except as hereinafter
provided.
B.
Height modifications. The height limitations of this chapter shall
not apply to silos, church spires, belfries, cupolas and domes not
used or intended for human occupancy or to municipal water towers
or tanks. Chimneys, ventilators, skylights, water tanks, television
and radio antennas or satellite dishes and similar features and necessary
mechanical appurtenances usually carried on and above the roof level
may exceed the height limitation of this chapter by not more than
15 feet. If such equipment is constructed as an accessory building
or use, the height restrictions of this chapter shall apply.
C.
The provisions of this chapter shall not apply to prevent the erection
above the building height limit of a parapet, wall or cornice for
ornament (and without windows) extending above such height limit not
more than five feet. Public and quasi-public buildings, schools, churches
and other similar permitted uses shall increase the front, rear and
side yards by one foot for each foot by which the building exceeds
the height limit herein established for such zone in which it is located,
and further provided that in no case shall any building have a height
greater than 50 feet unless explicitly permitted by the Schedule of
District Regulations contained in this chapter.[1]
[1]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
A.
No part of a yard or other open space or off-street parking or loading
space required about or in connection with any building or use for
the purpose of complying with this chapter shall be included as part
of a yard, open space or off-street parking or loading space similarly
required for any other building.
B.
Yard reductions.
(1)
No yard or lot existing at the time of passage of this chapter shall
be reduced in size or area below the minimum requirements set forth
herein. Yards or lots created after the effective date of this chapter
shall meet at least the minimum requirements established by this chapter.
(2)
Within each district, the regulations set by this chapter shall be
minimum regulations and shall apply uniformly to each class or kind
of structure or land.
C.
The front setback line shall be determined from the proposed right-of-way
of the street on which the lot fronts. Rear and side yards shall be
determined from the lot lines. All front yard setbacks shall be observed
except in such cases as exists a pronounced alignment observing a
different setback, in which case the Construction Official shall be
authorized to issue a building permit for construction alignment with
the pronounced alignment without the necessity of obtaining a variance.
Pronounced alignment exists when four adjacent existing structures
to the premises in question observe a structurally different setback
than what is required under this chapter.[1]
[1]
Editor's Note: Former Subsection D, which immediately followed
this subsection and dealt with the setback requirements for nonagricultural
uses adjacent to agricultural uses, was deleted 12-19-1991 by Ord.
No. 381.
A.
A lot which is of public record and in single and separate ownership
and not of continuous frontage with other lots in the same ownership
at the time of enactment of this chapter may be used for a permitted
use in the district in which it is located even though such lot fails
to meet the requirements for area or width, or both, that are generally
applicable in the district, provided that yard dimensions or other
requirements not involving area or width of lot shall conform or a
variance for such yard or other requirements not involving area or
width shall be obtained from the Planning Board.
B.
If two or more lots or combination of lots or portions of lots with
continuous frontage in single ownership are of record at the time
for passage or amendment of this chapter and if all or part of the
lots do not meet the requirements for lot width and area as established
by this chapter, the lands involved shall be considered to be an undivided
parcel for the purposes of this chapter unless approval for such lots
has been obtained under the provisions of the Township of Upper Deerfield
Subdivision Ordinance,[1] and no portion of said parcel shall be used or sold which
does not meet lot width and area requirements established by this
chapter, nor shall any division of the parcel be made which leaves
remaining any lot with width or area below the requirements stated
in this chapter.
C.
No lot in a residential zone shall have erected upon it more than
one principal single-family detached dwelling. No yard or other open
space provided around any building for the purpose of complying with
the provisions of this chapter shall be considered a yard or open
space for any other building.
D.
Notwithstanding the Schedule of District Regulations,[2] the minimum lot size for use or construction shall be
one acre when said lot is located within 1,000 feet or less of any
river, lake, pond or stream. The Planning Board may waive this requirement
when public sanitary sewer and potable water supply are to be installed
to service said lot(s) and the threat of environmental constraints
or damages to any lake, pond, river or stream or the underground water
supply is found to be nonexistent or minimal.
[2]
Editor's Note: The Schedule of District Regulations is included at the end of this chapter.
E.
Where a lot straddles a municipal boundary line, all minimum lot
size and minimum lot and yard dimension requirements shall be met
by that portion of the lot within the Township of Upper Deerfield.
[Added 8-2-1990 by Ord. No. 360]
Every principal building shall be built upon a lot with frontage
upon a public street or road improved to meet the Township of Upper
Deerfield's requirements or standards or for which such improvements
have been insured by the posting of a sufficient performance guaranty.
Where a building lot has frontage on a street which the adopted
Master Plan or the Official Map of the Township of Upper Deerfield
indicates is proposed for right-of-way widening, the required front
yard shall be measured from such proposed right-of-way lines.
[Amended 12-19-1991 by Ord. No. 381]
At the intersection of two or more streets or a driveway and
a street, no hedge, fence or wall, other than a signal post or tree,
which is higher than three feet above curb level, nor any obstruction
to vision, shall be permitted in the triangular area formed by the
intersecting street lines and a line joining each 30 feet distant
from said intersection along said street lines.
Unless otherwise specifically specified in this chapter, the
minimum habitable floor area for residential units shall be as follows:
|
Type of Unit
|
Minimum Habitable Floor Area
(square feet)
|
|---|---|
|
1-story dwelling
|
900
|
|
Split-level dwelling
|
1,200
|
|
2-story dwelling
|
1,500
|
