Fairfield Township City Zoning Code

A solid masonry wall not less than five feet six inches above ground.

A solid fencing, uniformly painted or of a naturally durable material such as cedar, cypress or redwood, not less than six feet above ground level and open to the ground to a height of not more than four inches above ground.

Dense hedges of shrubbery or evergreens planted at 30 inches on center in a single row or at five feet on center in two staggered rows. Evergreens or shrubs shall be a minimum of five feet above ground level at the time of planting and permitted to grow to a minimum of six feet above ground level.

It may be constructed within a rear yard provided it is at least 10 feet from the side lot line.

In the case of a corner lot, it shall be at least 10 feet from the rear lot line and it shall set back from the side line a distance equal to the required minimum width of a side yard for the district within which it is located. Access to the garage shall be on the lesser traveled street.

Upon mutual agreement between property owners, party wall private garages may be built across a common lot line.

An attached private garage shall be subject to the yard requirements of the principal building.

Community garages, when built on the same lot as a principal building, shall be located in conformance with the requirements of this section for private garages; but when built as the principal use on a separate lot, they shall conform with the setback provisions for a principal building for the district within which it is located and with the side yard and rear yard provisions for a private garage as given in Subsection B(1) and (2) of this section.

Definitions. As used in this subsection, the following terms shall have the meanings indicated:

Applicability.

This subsection shall apply to all accessory structures excepting those incidental and customary to an active, qualified farm and farm use within the Township of Fairfield, County of Cumberland, State of New Jersey.

All signs and signals owned and operated by the Township of Fairfield, the County of Cumberland, the State of New Jersey or the United State of America, not exceeding two square feet in area.

Identification signs for public and quasi-public facilities, such as schools, churches, hospitals or libraries, not exceeding two square feet in area.

Memorial or historical markers or tablets, not exceeding four square feet in area.

Customary on-site real estate signs temporarily advertising the sale, rental or lease of the premises or portions thereof and professional office or home occupation nameplates. No such sign shall exceed six square feet in area, nor shall there be more than one such sign for each 200 feet or part thereof of road frontage contained on the property on which such sign is to be located. Such signs shall be removed at the expense of the advertiser within 15 days after the termination or completion of the matter or business advertised.

Street number designations, postal boxes, on-site directional and parking signs, warning signs and signs posting property as "Private Property," "No Hunting," "No Trespassing" or similar signs which do not exceed two square feet in area.

For the purpose of determining the number of signs, a sign shall be considered to be a single display surface or display device, containing elements organized, related and composed to form a unit. Where matter is displayed in a random manner without organized relationship elements or where there is a reasonable doubt about the relationship of elements, each element shall be considered to be a separate sign.

The size of any sign for the purpose of determining its compliance with the provisions of this section shall be computed by multiplying its greatest height by its greatest length, exclusive of supporting structures unless such supporting structures are illuminated or are in the form of a symbol or contain advertising copy. Signs with multiple exposures shall be measured for area by using the surface area of one side only when carrying the same message on all sides. Where there is a different message on any side, then each side shall be considered as an individual sign.

No freestanding sign shall exceed the height permitted as set forth herein and in no case exceed the maximum height limitation for the zoning district in which it is located. No attached sign shall be higher than 18 inches at any point than the roofline of the building to which said sign is attached.

No attached sign shall project into or hang over a street right-of-way and no sign shall project beyond a building in a manner placing it above areas traversed by motor vehicles, such as, but not limited to, driveways or parking areas.

All signs shall confirm to the standards of the Uniform Construction Code.

Illuminated signs shall be so arranged as to reflect the light glare away from adjoining premises and away from adjoining streets and/or rights-of-way. No sign shall be illuminated between the hours of 1:00 a.m. and 7:00 a.m. unless the business or use so advertised by said sign is open to the public later than 1:00 a.m., in which event any such establishment may keep said sign illuminated until said business is closed to the public, but not thereafter.

Signs and sign structures of all types shall be located to allow clear, unobstructed lines of vision.

All sign support structures and frames shall be constructed of durable material such as wood, metal, stone or concrete. All signs shall be permanently fixed to the ground or attached to a building or structure in a manner conforming to the Uniform Construction Code.

No sign shall be erected containing information on it which states or implies that a property may be used for any purpose not permitted under the provisions of this chapter in the zoning district in which the property to which the sign relates is located.

No sign shall be erected within any sight triangle area.

Whenever a land use or activity has approved access on more than one roadway, the Planning and Zoning Board may permit additional freestanding signs. The Board shall determine the size and location of said additional freestanding sign based on available frontage, roadway speed, visibility of the access and the safety of traffic based on specific sign standards permitted for that land use as set forth in Subsection E herein.

Signs with red, green or blue illumination in a beam, beacon or flashing form resembling an emergency light, in any location.

Portable signs, i.e., fixed on a movable stand which is self-supporting without being firmly embedded in the ground, supported by other objects, mounted on wheels or movable vehicles or made easily movable in some other manner.

Signs using mechanical or electrical devices to revolve, flash or display movement or the illusion of movement.

Signs with any lighting or control mechanism which cause radio or television interference.

Any sign which is such a form, character or shape as to confuse or dangerously distract the attention of the operator of a motor vehicle.

Any advertising which uses a series of two or more signs or units placed in a line parallel to the highway or in a similar fashion, all carrying a single advertising message, part of which is contained on each sign.

Signs which in any way simulate official, functional, directional or warning signs erected or maintained by the State of New Jersey, County of Cumberland or the Township of Fairfield or by any railroad, public utility or similar organization concerned with the protection of public health or safety.

Any sign located on a lot other than the lot occupied by the use, event, product or activity which said sign advertises.

Banners, spinners, flags, pennants, tethered balloons or other aerial devices, inflatable figures or any other moving object used for advertising purposes, whether containing a message or not, unless a special event permit for same has been granted.

Any sign exceeding the maximum height of 25 feet or more than 25 feet above grade level.

Signs bearing texts of a laudatory nature or including services or product names except trademarks or brand names normally furnished by any such establishment proprietor, it being the purpose of this section to limit the use of all signs to identification and directional purposes only. Identification signs allow the principal names of the establishment or proprietor and a brief description of the principal goods or services offered.

Any sign which, applying contemporary control standards, has as its dominant theme or purpose an appeal to prurient interests.

Churches: one freestanding sign not exceeding 12 square feet in area and eight feet in height and set back at least 25 feet from all street rights-of-way and lot lines, plus one attached sign not exceeding 25 square feet in area.

Golf courses. One freestanding sign not exceeding 12 square feet in area and eight feet in height and set back at least 25 feet from all street rights-of-way and lot lines; in addition, one sign attached to or freestanding but within 10 feet of the clubhouse or similar structure, and sign not exceeding 25 square feet in area.[1]

Each activity may have one illuminated or non-illuminated sign displaying the name of the use attached flat against the front of the building facade, not exceeding an area equivalent to 5% of the front facade of the building or 50 square feet, whichever is smaller. Where the building is designed for rear or side entrance, one nonilluminated sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half of the sign attached on the front of the building. When such use is located on Highway Route 49, said use may, in addition to the above permitted signs, have one freestanding illuminated sign not exceeding 15 square feet in area and set back at least 15 feet from all street rights-of-way and lot lines. Such freestanding sign shall not exceed 20 feet in height. When such is located on Bridgeton-Fairton Road, such freestanding signs shall not be higher than 10 feet.

In the industrial zone, supermarkets, lumberyards, department, variety, major appliance and furniture stores, garden centers, multi-office buildings or complexes and professional office centers, laboratories, industrial and manufacturing or processing plants, wholesale distribution centers and warehouses, construction enterprises, metalworking enterprises and/or similar uses: Each use may have one illuminated or non-illuminated sign displaying the name of the use attached flat against the front of the building, not exceeding an area equivalent to 5% of the front of the building or 100 square feet, whichever is smaller. Where the building(s) is designed for rear or side entrance, one sign may be attached flat against the building at the rear and side entrances, each sign not to exceed an area equivalent to half that of the sign on the front of the building. Except within residential districts or whenever such use is located within a planned shopping center and where such use is located on premises situate on and having at least 200 feet of unbroken frontage, said use may have one freestanding sign on each street frontage, provided that such sign shall not exceed 20 feet in height and shall not be larger than 40 square feet in area. No such freestanding sign shall be located closer than 100 feet to any residential district or property line of a property used for residential purposes or be closer than 15 feet to any street or road right-of-way. No building-mounted sign shall be higher than the roofline.

Service stations. Each use may have one freestanding sign and one sign attached flat against the front facade of the building. The freestanding sign shall not exceed an area of 20 square feet and shall be set back at least 15 feet from all street rights-of-way and lot lines. The freestanding sign shall not exceed a height of 20 feet, except on Bridgeton-Fairton Road where the maximum height shall be 10 feet. The attached sign shall not exceed 20 square feet in area or rise above the roofline of the structure to which it is attached. Whenever a service station is established with a mini-market or convenience store or in combination with another related land use such as a car wash, or permitted by the Board, then the overall site may have only one freestanding sign as noted above. Attached signs to the various uses on site shall be limited to identifying the use or activity. In addition to the above permitted signs, a gasoline service station or repair garage may have signs identifying automotive services being performed within a given portion or bay of the building, attached flat against the building and directly above that portion or bay of the building wherein said service is performed. Such signs shall not exceed six square feet in area and shall not be illuminated directly.

Construction sites in PBI and industrial zones. Each construction site may have one sign identifying construction on site, not larger than the equivalent of 5% of the area of the front wall of the building being constructed or 50 square feet, whichever is smaller. The size shall not exceed 10 feet in height and shall be set back from all street rights-of-way and lot lines at least 40 feet. Said sign shall be removed prior to the issuance of a certificate of occupancy for the building under construction or the use being established.

Real estate sale or rental. Real estate developments offered for sale or rent, involving 10 acres or more or in excess of 10 lots or dwelling units, may have one sign for each 200 feet of unbroken frontage with a maximum of two signs per site or development. Such sign shall not exceed eight feet in height, shall be set back from the street rights-of-way and driveways so as not to overhang the same or obstruct vision, shall not exceed an area of 32 square feet and shall be used only to display the development name, developer's name, sales representative, location, sales office and number and display times and artwork designed to demonstrate project layout, appearance and logo. Such sign(s) shall be removed after the sale of 75% of the lots or units receiving certificates of occupancy or within one year. Extensions of time may be granted by the Planning and Zoning Board upon submission of evidence which reasonably justifies continuation of the sign permit.

Home occupations. A home occupation may have one sign bearing the name of the person engaged in the home occupation and the profession engaged in or the name of the business, which sign shall not be illuminated, shall be situated within the property lines of the premises it identifies and shall not exceed two square feet in area. Signs identifying the office of a physician or surgeon may be illuminated.

Residential business. One freestanding sign not higher than eight feet and not over 20 square feet.

Educational or day-care facility. One freestanding sign not exceeding four square feet in area and six feet in height set back at least 15 feet from all street rights-of-way and lot lines, plus one attached sign not exceeding four square feet in area.

Other uses. Whenever it is proposed to erect, construct or install a sign for a use or structure, as permitted under the provisions of this chapter, which use does not generally approximate a use set forth in this section as to sign details, such cases shall require the approval of the Planning and Zoning Board. When reviewing a request for a sign, the details of which are not set forth hereinabove, the Planning and Zoning Board shall be guided by the standards for other or similar uses as set forth herein, the general character of the area wherein the sign is to be located and the purpose of the sign, in determining the standards to require.

Temporary signs associated with a specific event announcing or advertising any educational, charitable, civic, professional or religious program, project or event are permitted only if erected and allowed to remain for a consecutive period not to exceed 21 days in any calendar year and provided that they do not exceed 32 square feet in area.

Temporary signs advertising political parties or candidates for election are permitted only if erected and allowed to remain for a reasonable period prior to the date of the election to which the signs relate, provided that:

All temporary signs permitted herein shall contain only advertisement copy or information which directly pertains to the business or activity conducted or to be conducted. Such signs shall relate only to a given activity, project, program or event in order to be considered as temporary signs not subject to permit and regulations as set forth in this section.

Any temporary signs advertising a civic, charitable, political, religious, professional or similar activity, event, program or project and which are to be erected or placed by a nonprofit organization shall not require a sign or zoning permit so long as they meet the requirements of this subsection. Said sign(s) must be maintained while in use by the person or organization erecting or placing them.

No sign, whether new or existing, shall hereafter be erected or altered except in conformity with the provisions of this chapter. However, notwithstanding any provisions contained herein, a sign must be kept clean, neatly painted and free from all hazards, such as, but not limited to, faulty wiring, loose fastenings or improper support; and said sign must be maintained at all times in such condition so as not to be detrimental to the public health and safety.

In the event of a violation of the foregoing maintenance provisions, the Zoning Officer shall give written notice, by certified mail or personal delivery, specifying the named owner of the land upon which the sign is located, sent to the address as stated in the application for a sign permit or as shown on the Township tax records, listing all violations and requiring correction of defects or removal of the sign. The sign shall thereupon be made to conform by the owner of the sign and/or the owner of the land upon which it is located within 30 days from the date of receipt of said notice. Upon failure to comply with such notice within the prescribed time, the Zoning Officer is hereby authorized to remove such sign and shall assess all costs and expenses incurred in said removal against the land and building upon which such sign was located or to take appropriate action as provided.

Any sign advertising an existing business conducted or product sold on the premises upon which the sign is located shall be removed by the owner of the premises upon which such sign is located within 30 days after cessation of the business or activity so advertised. The Zoning Officer, after determining that any such sign exists after such cessation of business or activity, shall notify the owner of the premises, in writing, by certified mail or personal delivery, to remove said sign within 30 days from the date of such notice. Failure to comply with the notice in the time prescribed shall be considered a violation of this chapter and appropriate action authorized shall be taken.

If the Zoning Officer shall find that any sign regulated by this chapter is unsafe or insecure or is a nuisance or menace to the public, said Officer shall give written notice to the named owner of the land upon which the sign is located as shown on the Township tax records or the application for a sign permit, which owner shall remove or repair said sign within 14 days from the date of receipt of said notice or such other time period as set forth in said written notice. If said sign is not removed or repaired within the time period specified, the Zoning Officer shall revoke any permit issued for the sign and shall take what steps are necessary to repair or remove said sign in order to protect the public health and safety and shall assess all costs and expenses incurred from such repair or removal of the sign against the land and buildings on which the sign was located. Such assessment shall become a municipal lien upon the property involved.

With respect to any temporary sign permitted under Subsection F above, such sign if not removed by the owner with the time period prescribed may be removed by the Zoning Officer, who is hereby authorized to do so and shall assess all costs and expenses incurred in said removal against the property upon which said sign is located. Said assessment shall become a municipal lien upon the property involved.[2]

If the performance characteristics of any proposed industrial use are questionable, a building permit may be withheld until the applicant for such use shall, upon request of the Planning and Zoning Board, furnish any or all of the following:

Liquid wastes and effluents shall be discharged into an approved existing sewage treatment plant, in accordance with that plant's regulations, or shall be treated in a treatment plant or process which is in compliance with the state statutes and with requirements of the State Department of Health.

Precaution against fire hazards, radiation, and explosion, proper handling and storage of materials and structural design and safeguards for the health of workers shall comply with the state statutes and requirements of the State Department of Labor and Workforce Development.

No vibration or glare will be evident at any point more than 150 feet from the source of said vibration or light.

All industrial uses shall stay within the tolerance standards set forth above and the user shall furnish proof of this when asked to do so by the appropriate authorities.

Retail business and service establishments.

Minor appliance and office machine repair shops.

Professional offices and clinics.

Insurance and financial institutions.

Commercial recreation, including, but not limited to, indoor recreational and leisure facilities, including bowling, ice and roller rinks, billiards, racquetball, and health clubs, and outdoor recreation, including, but not limited to, driving ranges and miniature golf.

Restaurants, including drive-through fast-food establishments.

Motor vehicle inspection station, new and used automotive sales, car washes.

Home occupations, only in association with permitted single-family detached dwellings as set forth in Subsection C(9) below.

Single-family homes existing at the time of the adoption of this section may continue to exist until such time as they are converted for commercial use or are vacated for more than six months (as of November 1, 2012).

Municipal use and other governmental offices, public parks, library, community theater.

Child-care centers, schools, houses of worship, hospitals.

Hotels and motels.

Maintenance, utility and storage facilities incidental to the business of the principal use, provided that they are in fully enclosed buildings.

Off-street parking and loading.

Restaurant or cafeteria primarily for supplying meals to employees and guests of the principal use.

In-service training schools for employees.

Custodial living quarters associated with the maintenance of the principal use.

Assembly halls or conference centers for meetings incidental to the business of the principal use.

Stormwater management facilities.

Industrial parks, in accordance with the following requirements, as well as the other PBI District requirements:

Warehouse and wholesale storage, including, but not limited to, the storage and processing of farm products, in accordance with the following requirements, as well as the other PBI District requirements. In review of site plans for warehouse and wholesale storage facilities, and in addition to the site plan criteria established in this chapter, the following minimum standards shall also apply, and shall be interpreted to supersede any other requirements of this chapter with which, and to whatever extent, they may appear to be in conflict:

Light industrial, manufacturing or processing, provided the proposed industrial process meets the performance requirements listed in § 450-16A, does not have one or more smoke stacks and does not have inherent characteristics which are noxious, injurious, offensive, or hazardous to the health, safety, or general welfare of the community.

Residential uses. All new residential uses in the PBI District are prohibited except as heretofore provided in this section.

No row houses, apartment houses, trailer, trailer camps, trailer parks, trailer cabins or commercial migrant labor camp shall be permitted in the PBI District.

Heavy industrial uses. Supplementary to all other use regulations in this section, the following industrial uses are specifically prohibited:

A site shall contain a minimum of 300 contiguous acres.

A golf course with a minimum length of 6,000 yards and a minimum area of 150 acres shall be constructed.

The maximum density shall not exceed 0.5 unit per gross acre of the entire site.

One-family detached dwelling.

Golf course.

Golf clubhouse, including dining rooms, social rooms, bar and locker rooms.

Swim club.

Residential: garages, storage buildings of less than 150 square feet, pools and any use customarily incidental to a one-family detached dwelling.

Golf course: pro shop, driving range, restrooms, snack bar, maintenance and storage buildings and any use customarily incidental to the operation of a golf course.

Swim club: outdoor court facilities for activity, recreation, maintenance and storage buildings and any use customarily incidental to the operation of a swim club.

Residential.

Golf course.

Golf clubhouse.

One-family detached dwelling: three spaces per dwelling.

Golf course: two spaces for each three players for the maximum number of golfers that may play the course at any one time.

Golf clubhouse: one space for each three seats in a dining or social room plus one space for each two seats in bar.

Swim club: one space for every five members.

Minimum required lot area shall be 10.0 acres.

Minimum lot width and frontage shall be 250 feet.

Minimum required lot depth shall be 300 feet.

Minimum front yard setback shall be 150 feet.

Minimum side and rear yard setbacks shall be 100 feet.

Maximum building coverage shall be 35%.

Maximum impervious lot coverage shall be 50%.

Maximum building height shall be 45 feet.

A vegetative buffer with a minimum width of 50 feet shall be provided along side and rear property lines where the property abuts a residential use or zone.

All parking, circulation, and loading facilities shall be setback a minimum of 50 feet from any property line.

Loading areas shall be permitted in a side or rear yard only.

Any such accessory structure shall be setback a minimum of 50 feet from any property line.

Any such accessory structure shall have a maximum building height of 30 feet.

Any such accessory structure shall have a maximum building area of 600 square feet.