Clifton City Zoning Code
ARTICLE VIII
Accessory Buildings; Fences, Walls and Screening
§ 461-46 Accessory buildings.
[Amended 1-20-1981 by Ord. No. 4624-81; 10-18-1983 by Ord. No. 4850-83; 5-1-1990 by Ord. No. 5415-90; 10-2-1990 by Ord. No. 5446-90; 11-5-1997 by Ord. No. 5924-97; 10-6-1998 by Ord. No. 6003-98; 7-20-1999 by Ord. No. 6067-99; 7-5-2022 by Ord. No. 7728-22]
A.
On any lot in an R-A1, R-A2 or R-B1 District, a detached accessory structure shall not exceed 700 square feet in gross floor area, one story and 14 feet in height. (NOTE: Please note that pursuant to N.J.A.C. 5:23-2.14(b)(8), a construction permit for building work shall not be required for garden-type utility sheds and similar structures that are 200 square feet or less in area, 10 feet or less in height, and accessory to buildings of Group R-2, R-3, R-4, or R-5 and which do not contain a water, gas, oil or sewer connection. A construction permit for electrical work shall be required, when applicable. Additionally, as with all accessory structures, pursuant to § 461-70I(1), a zoning permit shall still be required in all cases.)
B.
In all other residential districts, a detached accessory structure shall not exceed 300 square feet in gross floor area, one story and 14 feet in height for each dwelling unit existing on the same lot. (NOTE: Please note that pursuant to N.J.A.C. 5:23-2.14(b)(8), a construction permit for building work shall not be required for garden-type utility sheds and similar structures that are 200 square feet or less in area, 10 feet or less in height, and accessory to buildings of Group R-2, R-3, R-4, or R-5 and which do not contain a water, gas, oil or sewer connection. A construction permit for electrical work shall be required, when applicable. Additionally, as with all accessory structures, pursuant to § 461-70I(1), a zoning permit shall still be required in all cases.)
C.
In all other districts, a detached accessory structure shall not exceed one story and 20 feet in height and shall comply with all provisions for Subsection D below. (NOTE: Please note that pursuant to N.J.A.C. 5:23-2.14(b)(8), a construction permit for building work shall not be required for garden-type utility sheds and similar structures that are 200 square feet or less in area, 10 feet or less in height, and accessory to buildings of Group R-2, R-3, R-4, or R-5 and which do not contain a water, gas, oil or sewer connection. A construction permit for electrical work shall be required, when applicable. Additionally, as with all accessory structures, pursuant to § 461-70I(1), a zoning permit shall still be required in all cases.)
D.
No detached accessory structure, in any district, shall:
(1)
Occupy more than 30% of the aggregate area of the rear yard.
(2)
Be located within 60 feet of the front lot line.
(3)
Be located within 25 feet of the side street lot line on a corner lot, within six feet of any rear lot line which abuts a side lot line of a contiguous lot.
(4)
Be located within three feet of any side or rear lot line.
(5)
Be nearer than 10 feet to the main building.
(6)
Be used for dwelling purposes.
E.
No garage floor shall be lower in elevation than the street, except where the natural grade provides adequate water flow around the structure.
F.
Detached accessory garages.
(1)
A detached accessory garage for any one- or two-family residential dwelling must be located as follows:
(a)
Within the required rear yard or side yard.
(b)
A minimum of 10 feet and a maximum of 20 feet from the main dwelling.
(c)
More than five feet from any side or rear lot line.
(2)
A detached accessory garage for a one- or two-family residential dwelling is prohibited when located in a side or rear yard which does not provide appropriate permitted access to a public street.
§ 461-47 Fences.
[Added 12-4-1984 by Ord. No. 4934-84; 6-19-1990 by Ord. No. 5420-90; 10-2-1990 by Ord. No. 5445-90; 7-20-2004 by Ord. No. 6430-04]
A.
The following shall be permitted in residential districts:
(1)
A fence not exceeding four feet in height erected along the front property line and along the side lines to the front line of the main structure. Such fence shall have open space of at least the same size and between each two pickets, slats or other construction elements; that is, 50% open construction.
[Amended 4-18-2023 by Ord. No. 7814-23]
(2)
A fence erected along the side lines from the front line of the main structure to the rear property line and along said rear property line shall not exceed five feet. Such fence may be solid or in the nature of a stockade or basket-weave construction.
[Amended 4-18-2023 by Ord. No. 7814-23]
(3)
Corner lots or through lots. No fence exceeding a height of four feet shall be erected along any property line that abuts a street. Such fence shall be of at least 50% open construction. Any fence installed on the street side yard of a corner lot may not exceed four feet in height and shall have at least 50% open construction within the required street side yard setback for the zone in which the dwelling is located.
[Amended 2-20-2007 by Ord. No. 6644-07]
(4)
A fence erected along the side lines from the rear line of the main structure to the rear property line and along said rear property line shall not exceed six feet in height. Such fence must have a minimum of the top one foot as an open design such as a basket weave or picket style fence with a minimum of 50% open.
[Added 4-18-2023 by Ord. No. 7814-23]
B.
The following shall be permitted in business districts:
(1)
A fence not exceeding six feet in height erected along all property lines. Such fences shall have open spaces of at least the same size as and between each two pickets, slats or other construction elements, that is, 50% open construction, and shall be 100% open within 10 feet of a street property line.
C.
The following shall be permitted in industrial districts:
(1)
A fence not exceeding eight feet in height erected along all property lines. Such fence shall have open spaces of at least the same size and between each two pickets, slats or other construction elements, that is, 50% open construction, and shall be 100% open within 10 feet of a street property line.
D.
The following shall be permitted in contiguous residential and business districts or uses:
(1)
A fence not. exceeding six feet in height on a lot on which any dwelling is situated when a fence is located contiguous to the lot line of a lot situated in a business district. Such fence may be of solid construction or in the nature of a stockade or basket-weave construction.
E.
The following shall be permitted in contiguous residential and industrial districts or uses:
(1)
A fence not exceeding six feet in height on which any dwelling is situated when such fence is located contiguous to the lot situated in an industrial district. Such fence may be of solid construction or in the nature of a stockade or basket-weave construction.
F.
The following shall be permitted in contiguous highways, the Garden State Parkway and any residential uses:
(1)
A fence not exceeding six feet in height parallel to and within three feet of the common property line between a lot on which a residence is situated and any state highway or the Garden State Parkway, including ramps connected to any such highway.
G.
The following shall be permitted in all residential, business and industrial districts:
(1)
Where the lot is vacant or does not have thereon a main structure, a fence erected along all property lines of the lot shall be the same as provided in Subsection A(1) above.
(2)
A solid fence not exceeding two feet in height.
H.
In no case shall any fence be permitted to alter or restrict the natural or existing water flow across property lines.
I.
The following shall be permitted in residential zones or on property used for residential purposes, for screening of recreational vehicles, boats and trailers: A fence not exceeding six feet in height erected along the side from the rear line of the main structure to the rear property line and along said rear property line. Such fence shall be subject to the requirements of § 461-22B(4) and (3).
J.
The finished side of the fence in all districts must face the neighboring property or any public right-of-way.
K.
Barbed wire and razor-type fencing shall not be permitted in any district or as part of any fence.
§ 461-48 Fences on corner lots.
On every corner lot in an R, B-A, B-A1, B-B and M-1 District, within the triangle formed by the street lines on such lot and a line drawn between points on such street lines at the distance from their intersection specified below, there shall be no fence or wall higher than three feet six inches above the street grade, nor any other obstruction to vision other than a post, tree or column not exceeding in cross section one square foot or one foot in diameter between a height of three feet six inches above the street grade and a height of 10 feet above the top of the curb of either street:
A.
For a lot having an interior angle of 90º or more at the street corner thereof: 20 feet.
B.
For a lot having an interior angle of less than 90º at the street corner thereof: 20 feet plus one foot for every 10º or major fraction thereof by which such interior angle is less than 90º.
§ 461-49 Walls in excess of two feet high.
Walls in excess of two feet zero inches high (other than retaining or building walls) which do not comply with the minimum building setback requirements are conditional uses subject to Planning Board approval.
§ 461-50 Retaining walls.
A.
Retaining walls shall be designed to resist the pressure of the retained material, including both dead and live load surcharges to which they may be subjected, and to ensure stability against overturning, sliding, excessive foundation pressure and water uplift.
B.
When such walls are designed by a licensed architect or licensed engineer, these requirements may be modified subject to the approval of the Building Inspector and Engineering Department.
C.
A building permit is required showing certified plot plan, exact location of walls, elevation and plan of proposed walls.
D.
Whenever necessary to ensure safety to the public using a public street or highway, a retaining wall is required.
§ 461-51 Permit required for fence.
[Amended 2-3-2009 by Ord. No. 6790-09]
A permit shall be required for the erection of a fence. A certified survey shall be submitted, showing the proposed fence and indicating its type, height and location.
§ 461-52 Screening required for certain uses in business districts.
Where a business district abuts an R District, a use permitted in the business district shall be screened at the rear and side lot lines coincidental to the R District by evergreens or a fence approved by the Planning Board or Board of Adjustment, which will provide an effective visual screen when viewed from the R District. Such screen shall be at least six feet in height and shall be located within a buffer space at least six feet in width.
