Northfield City Zoning Code

No building or structure shall be erected and no existing building shall be moved, structurally altered, added to or enlarged, nor shall any land or building be designed, used, or intended to be used, for any purpose or in any manner other than as specified among the uses hereinafter listed as permitted in the zone district in which such building or land is located and meeting the requirements as set forth in the schedule.[1] In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter and the certificate of occupancy for such building shall thereupon become null and void.

No building shall be erected, no existing buildings shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot area, building location, percentage of lot coverage, off-street parking space, and such other regulations hereinafter designated in this chapter for the zone district in which such building or open space is located.

No off-street parking area, loading or unloading area provided to meet the minimum off-street parking, loading or unloading requirements for one use or structure shall be considered as providing off-street parking, loading or unloading area for a use or structure on any other lot, unless specifically permitted elsewhere in this chapter.

No subdivision may be approved unless each lot contained in said subdivision complies with all the requirements of the zone district in which said lot is located, or unless a variance has been granted therefrom.

No use shall be considered a permitted use or a conditional use in a zone district unless included as such in the particular zone district.

An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located in other than a front yard, and if located in a side or rear yard area, shall be set back at least 10 feet from all lot lines if not otherwise provided in the zone district regulations, except that utility sheds as defined herein may be located not less than three feet from any side or rear lot line.

Accessory buildings must be located on the same lot as the principal use to which they are accessory.

In any residential zone, no detached accessory structure shall be less than five feet from the principal building.

Purpose.

Small wind energy systems and solar energy systems permitted.

Development requirements for small wind energy systems and solar energy systems.

Permit; submission requirements for permit; permit expiration.

Abandonment.

Within any residential district, no building with a permitted home professional office or home occupation shall be constructed or altered so as to be inharmonious with the residential character of adjacent structures.

The types of construction not considered to be residential in character include storefront types of construction, garage doors (larger than needed for passenger vehicles or light commercial vehicles), and unfinished concrete blocks or cinder block wall surfaces.

Recreational vehicles, campers or small boats shall not exceed 28 feet in length and eight feet in width.

Only one such recreational vehicle and one small boat shall be permitted to be stored outdoors at any single-family residence.

No such vehicles stored in accordance with this section shall be occupied, and such vehicles shall not be provided with utility connections.

Permanent or temporary overnight occupancy or use of a travel trailer, motor home, boat or recreational vehicle is not permitted in any zone, except that, in emergency situations, such occupancy or use may be permitted by the City Council for a period not to exceed 60 days. For good cause shown, the Council may extend the period of occupancy.

Boat and boat trailer parking. The parking of boats and/or boat trailers shall be prohibited on any public street within the City of Northfield from October 1 through and including May 1 of each and every year. Between May 2 and September 30 of any year, it shall be lawful for any person to park a boat or boat trailer on any public street in the City of Northfield. The owner or operator of said boat or boat trailer must own or lease the property in front of which said boat or boat trailer is so parked. Any boat of 28 feet or less shall be permitted to park on site for extended periods of time, provided one on-site parking space remains for vehicle parking.

It shall be unlawful for any person to park on any public street in the City of Northfield any recreational vehicle, camper, motor home, or travel trailer for a continuous period of more than 48 hours in such places as parking is authorized. Additionally, the owner of said recreational vehicle, camper, motor home, or travel trailer must own or lease the property in front of which said recreational vehicle, camper, motor home, or travel trailer shall be permitted to park on site for extended periods of time, provided one on-site parking space remains for vehicle parking, provided it is not utilized for human habitation.

No commercial motor vehicle having a rated manufacturer's carrying capacity greater than 1 1/2 tons shall be parked or stored overnight on any occupied property which is primarily used for residential purposes or on any property in a residentially zoned area, except for vehicles engaged in construction parked or stored on an active construction site. This provision shall not apply to passenger automobiles with commercial motor vehicle registration.

Commercial vehicles, such as, any campers, travel, vacation or house trailer, vacation house, truck, half ton or larger in size, which is commercially registered; panel van; tractor; trailer, semitrailer; jitney; bus; or omnibus, plus commercial vehicles in excess of 10,000 pounds gross vehicle weight (GVW) as rated by the manufacturer shall not be permitted to park on residential streets between 11:00 p.m. and 6:00 a.m.

The aforementioned regulations for commercial vehicle storage shall not apply to vehicles located on and necessary to the operation of a farm.

On all corner lots, the depth of all yards abutting on streets shall not be less than the minimum front yard depth required on all adjoining interior lots fronting on such street. However, provisions of this section shall not apply so as to reduce the buildable width to less than 50% of any lot less than 100 feet in width. No corner lot setback shall, in any case, be less than 20 feet unless otherwise permitted in this chapter.

Where the corner lot abuts interior lots located in an adjoining zone district having lesser front setback requirements, buildings may assume the minimum front setback dimension of the adjoining zone district only if the adjoining zone is immediately adjacent and contiguous to the property and the proposed building is to be situated within 100 feet of said adjacent zone district.

Lot lines of corner lots that are coexistent with side lines of abutting lots shall be considered side lines.

Lot lines of corner lots that are coexistent with rear lines of adjoining lots shall be considered rear lines.

Lot lines of corner lots that are coexistent with lot lines of adjoining corner lots shall be considered side lines.

Each street frontage of a corner lot shall conform to the minimum required frontage for a corner lot in the applicable zone district as specified in the Schedule of Yard, Area and Building Requirements.[1]

Anchoring. All new construction and substantial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure.

Construction materials and methods.

Utilities.

Subdivision proposals.

Residential construction. New construction or substantial improvement of any residential structure shall have the lowest structural member, including basement, elevated one foot above the base flood elevation.

Nonresidential construction. New construction or substantial improvement of any commercial, industrial or other nonresidential structure shall either have the lowest structural member, including basement, elevated one foot above the base flood elevation or, together with attendant utility and sanitary facilities, be floodproofed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capacity to resist hydrostatic and hydrodynamic loads and the effects of buoyancy. A registered professional engineer or architect shall certify that the standards of this subsection are satisfied.

Additional conditions. In areas of special flood hazard, any or all of the following measures may also be required:

Floodways. Located within areas of special flood hazard established in § 215-161 are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

Every principal building shall be built upon a lot with frontage upon a public street improved to meet the City requirements or for which such improvement has been guaranteed by the posting of a performance guarantee pursuant to this chapter unless relief has been granted under the provisions of N.J.S.A. 40:55D-36.

Where a building lot has frontage on a street, which the Master Plan or the Official Map of the City indicates is proposed for right-of-way widening, the required front yard setback shall be measured from such proposed right-of-way line.

A single emergency generator permanently installed, meeting the following criteria, shall be permitted for residential or commercial property.

No structure shall extend higher than the limit provided in each zone created hereunder for building height.

The height limitations created hereunder shall not apply to spires, belfries, cupolas or domes not used for human occupancy, or to parapets, walls or cornices extending not more than four feet above the building height limit.

The height limitations created hereunder shall apply to chimneys, ventilators, solar energy facilities, skylights, tanks, stair towers, elevator towers, and appurtenances usually carried above the roof line of a building, except that the same may exceed said height limitations by not more than 15 feet, except that skylights, heating and air-conditioning equipment and ventilators may exceed the height limitation by no more than 10 feet. Such features shall not exceed, in total coverage, 10% of the total roof area.

Freestanding, noncommercial radio and television antennas and flag poles may exceed the height limits created hereunder by not more than 15 feet.

The existing character and appearance of the historic building, place or structure should be preserved.

Wherever feasible, existing structures should be restored in lieu of new construction.

All proposed developments should be compatible and consistent with existing development and the concept of the historic structure in relation to the following:

Visual compatibility factors. Visual compatibility factors will be applied to historic structures.

No part of any structure allowed pursuant to this section shall be used directly or indirectly for any kind of advertising purposes.

Any building recognized as an historic building shall not be torn down without considerations as follows:

Freestanding radio and television antennas shall only be placed in the rear yard area and shall be located no closer than 15 feet to any property line.

Freestanding antennas over 20 feet in height or antennas extending 20 feet above the point of attachment to a building shall be built to withstand winds of 100 miles per hour.

Retail and/or wholesale business uses shall not permanently display goods for sale, including motor vehicles, outdoors except in accordance with a site plan approved by the Planning Board.

Such outdoor displays shall only be permitted where the goods displayed are the merchandise of a business included within a structure located on the site, unless in accordance with a permit or other approval issued therefor by the City. Uses such as flea markets where two or more concessionaires, proprietors or businesses display goods for sale out of doors shall not be permitted in any zoning district within the City except in accordance with Subsection D below.

Temporary sales and outdoor display of goods may be permitted where the goods displayed are the merchandise of a business included within a structure located on the site. Such temporary sales and display shall be in accordance with a permit issued by the Zoning Officer. No business shall hold more than two such sales per year nor shall any one sale exceed 14 calendar days in duration.

Temporary flea markets and sales operated by nonprofit groups such as churches may be permitted where the goods displayed are on a site which is already developed as a principal use of the nonprofit group. Such sales shall be in accordance with a permit issued by the Zoning Officer. No nonprofit group shall hold more than five such sales per year nor shall any one sale exceed one week in duration.

Coin-operated vending machines shall not be located further than two feet from a related business structure.

Goods for sale, displayed or stored outdoors, shall not be located closer than 25 feet to any street right-of-way or 15 feet to any side or rear line, except in conjunction with temporary sidewalk or other types of outdoor sales.

No nonresidential use, with the exception of farms, shall store materials of any kind outdoors in any district except in connection with the construction of a structure to be erected on the premises unless specifically permitted elsewhere in this chapter.

No front yard shall be used for the open storage of equipment and vehicles except for overnight parking of noncommercial vehicles. This provision shall not apply to boats or recreation vehicles. Furthermore, no equipment or vehicles shall be stored closer than five feet to a rear or side property line.

As a condition of approval and the continuance of any use, occupancy of any structure, and operation of any process or equipment, the applicant shall supply evidence, satisfactory to the municipal agency, or to its designated representative, that the proposed use, structure, process, or equipment will conform fully with all of the applicable performance standards.

Applicability and enforcement of performance standards.

Performance standards established.

Permit required.

Restrictions on portable home storage unit (PODS).

Submission requirements.

Violations; penalties. Any person violating any part of this § 215-44.1 shall be subject to a fine not exceeding $1,000 or imprisonment for 60 days, or both.

Floodway areas as defined by the United States Department of Housing and Urban Development, Federal Insurance Program Flood Insurance Rate Map; U.S. Army Corps of Engineers; or by the New Jersey Department of Environmental Protection.

Areas containing a substantial number of significant trees as determined by the municipal agency.

Existing watercourses, ponds, marshes and swamps via the municipal stormwater rules at N.J.A.C. 7:8.

Wetlands as defined by the New Jersey Wetlands Act of 1970 (N.J.S.A. 13:9A-1 et seq.) and delineated on wetlands maps prepared by the New Jersey Department of Environmental Protection.

Wetlands as defined by the NJDEP Coastal Management Development Policies and contained in the New Jersey Administrative Code.

Steep slopes in excess of 15%.

Flora and fauna on the New Jersey and/or federal endangered species list.

Maintenance of all land uses within the City shall include, but is not limited to, the following:

All land uses for which development (site plan or subdivision) approval is granted subsequent to the adoption of this chapter or for which site plan or subdivision approval was previously granted under regulations heretofore in effect shall be required to maintain all structures and improvements shown on the approved site plan or subdivision plan in a safe and orderly condition. In addition to the maintenance responsibilities specified in Subsection A above, additional maintenance responsibilities shall include, but are not limited to, the following:

Failure of the responsible property owner, tenant, developer and/or applicant to maintain property in accordance with the provisions of this section shall be a violation of this chapter subject to the penalties prescribed in § 215-13 of this chapter.

Unless more stringent regulations are provided by other provisions of this chapter, at the intersection of two or more streets, no hedge, fence, screening strip or wall higher than 30 inches above curb level, nor any obstruction to vision, other than a post not exceeding one foot in diameter, shall be permitted on any lot within the triangular area of sight easement as delineated in § 215-93C.

Sight triangle areas shall be maintained, trimmed or cleared in order to maintain sight distance as required herein.

A developer applying for site plan or subdivision approval pursuant to Article VI of this chapter may be required to submit a soil erosion and sediment control plan as is required by the Cape Atlantic Conservation District. In determining whether an applicant should be required to submit said plan, the municipal agency shall consider the applicable state regulations, the extent of land disturbance existing and proposed, the topography of the site and size of the proposed structure and/or building.

Soil erosion and sediment control plans shall be reviewed and certified by the Cape Atlantic Conservation District for conformance with the New Jersey State Standards for Soil Erosion and Sediment Control.

The municipal agency may seek the assistance of the Cape Atlantic Conservation District in the review of such plans and may deem as approved those plans which have been reviewed and certified by the Cape Atlantic Conservation District.

Solid waste, if stored outdoors, shall be placed in metal or plastic receptacles with tight-fitting covers.

Such receptacles shall not be stored or placed within any front yard area prior to the time at which solid wastes are permitted to be placed at the curblines for collection. Such receptacles may be stored in either a rear or side yard area, but if stored within a side yard area, they shall be screened from view of adjoining properties and street areas with planting or fencing. Solid wastes which are to be picked up shall conform to the requirements established by the Department of Public Works for garbage and trash collection.

All applicants with wetlands on site are required to obtain a wetlands delineation and letter of interpretation (LOI) from the New Jersey Department of Environmental Protection. This applies to both saltwater and freshwater wetlands.

No building, structure or use shall be permitted within areas defined as wetlands by the New Jersey Wetlands Act of 1970 and delineated on the wetlands maps prepared by the New Jersey Department of Environmental Protection, except in accordance with a permit issued under the Act.

There shall be no trailers located within the City of Northfield for the purpose of storage of materials, residential use or any other use not specifically permitted herein.

For construction purposes only, when being used in conjunction with the construction of any residential, commercial or industrial building within the City of Northfield, there shall be allowed the use of not more than one trailer for each trade working on site plus one for a construction office; provided, however, that prior to the placement of any such trailer within the City of Northfield, the person causing the trailer to be located on the property within the municipality shall apply to the Construction Official for a trailer permit. The fee for said permit shall allow the holder thereof to have no more than one trailer to be used solely in conjunction with construction, for a period of not more than three months. The holder of such permit may apply to the Construction Official for such additional extensions of three-month periods as may be required to complete construction, so long as construction is ongoing on the site where the trailer is located. The fee for each such extension application shall be $10.

A temporary certificate of occupancy shall be required for the use of a trailer in conjunction with a construction project; provided, however, that in each case there must be a specific finding by the Construction Official that said trailer is necessary for the operation of the construction and is in compliance with the provisions of this chapter. All trailers must meet all other local, federal and state requirements.

This restriction is intended to be all-inclusive and includes, but is not limited to, trailers on or off wheels, and all trailers whether or not subject to regulations under the motor vehicle laws of the State of New Jersey.

A nonmotorized transport vehicle or storage trailer may not be parked on any public street for more than five consecutive days, except for active construction sites. (See § 215-32). Additionally, the nonmotorized transport vehicle or storage trailer can only be parked in front of a property owned or leased by the user of said vehicle.

No yard or other space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other buildings, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.

All yards facing on a public street shall be considered front yards and shall conform to the minimum front yard requirements for the zone in which it is located, except as follows: Where principal buildings exist to either side of a building lot in a residential zone, the front depth may be reduced to the average front yard depth of adjacent principal structures but in no case reduced to less than 20 feet.

Every part of a required yard shall be open and unobstructed from its lowest level to the sky, except for the ordinary projections allowed by the State Uniform Construction Code, including, but not limited to, sills, belt courses, chimneys, flues, buttresses, ornamental features, and eaves; provided, however, that none of the aforesaid projections shall project into the minimum required yards more than 24 inches, unless otherwise permitted by this chapter. Unroofed entrance porches or terraces, which do not rise above the height of the floor level of the ground floor, may extend into any yard, providing the total area of all such porches, which extend into such yards, does not exceed 100 square feet. The maximum front yard setback to said deck/porch shall be 18 feet, the minimum rear setback shall be 15 feet, and the minimum side yard setback shall be three feet.

Yard irregularities. The designation of front, side and rear yards due to unusual building and lot configurations shall be based upon factors including, but not limited to:

A development, other than single-family family detached, providing a minimum of five new housing units created through any municipal rezoning or Zoning Board action, use or density variance, redevelopment plan, or rehabilitation plan that provides for densities at or above six units per acre, is required to include an affordable housing set-aside of 20%.

Any affordable units generated through such mandatory set-aside shall be subject to all other provisions of this chapter.

All such affordable units shall be governed by ARTICLE VB, Affordable Housing, for the controls on affordability, including bedroom distribution, and affirmatively marketed to the housing region in conformance with UHAC at N.J.A.C. 5:80-26.1 et seq., any successor regulation, and all other applicable laws.

No subdivision shall be permitted or approved for the purpose of avoiding compliance with this requirement. Developers cannot, for example, subdivide a project into two lots and then make each of them a number of units just below the threshold.

The mandatory set-aside requirements of this section do not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of the municipality to grant such rezoning, variance or other relief.

This municipality-wide mandatory set-aside requirement does not apply to any sites or specific zones otherwise identified in the HEFSP, for which density and set-aside requirements shall be governed by the specific standards as set forth therein.

In the event that the inclusionary set-aside of 20% of the total number of residential units does not result in a full integer, the developer shall choose one of two options for addressing the fractional unit: