Upper Deerfield Township
City Zoning Code

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.

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:

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.

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.

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]

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.

Yard reductions.

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]

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.

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.

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.

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.

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.