Edgewater City Zoning Code
ARTICLE XIV
Regulations Governing Certain Accessory Structures and Use
§ 240-132 Accessory structures and uses in residential districts.
No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
A.
Accessory structures or uses shall not be located in the required front yard or within the front half of the side yard of any residential zone and may be erected anywhere within the required rear yard, except as provided herein:
(1)
In the R-1 and R-2 Zone Districts, patios may be located in any required rear or side yard. Decks must meet the yard requirement of the principal building to which they are attached. All other accessory structures or uses shall be set back minimally five feet from a side or rear property line. Accessory structures, other than patios and decks, which are greater than 150 square feet in area but no more than 325 square feet in area, shall be set back minimally 10 feet from side and rear property lines, and accessory structures which are greater than 325 square feet in area shall be set back minimally 15 feet from side and rear property lines.
(2)
Accessory structures not attached to the principal structure, such as sheds and detached garages, shall be set back minimally 10 feet from the principal building.
(3)
Light posts, mailboxes, fences, signs and retaining walls shall be permitted within the required front yard of any residential use. Off-street parking is also permitted in a front yard, restricted to the driveway area.
B.
No accessory structure or use in a residential zone shall exceed a height of 15 feet and 1 1/2 stories, except as provided in § 240-99, and as further provided for in the R-3, R-4 and R-5 Zones where parking decks shall not exceed 20 feet in height above grade.
C.
Accessory structures or uses in the R-1 and R-2 Zones shall not occupy an area greater than 10% of the area of the rear yard.
D.
Accessory parking structures or uses in the R-3, R-4 and R-5 Zones shall not occupy an area greater than 60% of the site. All other accessory features shall not occupy an area greater than 15% of the site.
E.
When an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
F.
In the case of a through lot, no accessory structure or use shall encroach upon that 1/4 of the lot depth nearest each street upon which the lot has frontage.
G.
No accessory structure shall be used for human habitation.
H.
Accessory commercial uses in the R-4 and R-5 Zones shall be limited to laundry and dry-cleaning facilities, valet services and convenience store facilities which are designed for the exclusive use of the residents therein. Medical and dental offices shall be permitted but are limited to the lobby floor of the building. Parking to accommodate this office use shall be as prescribed by ordinance and shall be identified on site for said use.
§ 240-133 Accessory structures and uses in nonresidential districts.
No accessory building or structure shall be built on any lot on which there is not a principal building or structure.
A.
Accessory structures or uses shall not be located in the required front yard of a nonresidential zone, except that off-street parking spaces and/or parking garages shall be permitted, but in no case shall said parking lot or portion thereof be permitted closer than 15 feet from the street line.
B.
Accessory structures or uses shall not be located within eight feet of a side or rear lot line. Accessory structures shall be minimally 15 feet from the principal building.
C.
No off-street loading area or loading facility shall be permitted in a front yard.
D.
No accessory structure or use in a nonresidential zone shall exceed a height of 15 feet and 1 1/2 stories, except as provided in § 240-99.
E.
In any nonresidential zone, when an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.
F.
Accessory structures or uses shall not occupy an area greater than 15% of the area of the rear yard.
§ 240-134 Private garages in the R-1 and R-2 Zones.
Private garages shall be permitted as accessory uses in all residential zones, either as detached structures or as part of the main building, for the storage of no more than three automobiles, which shall be owned by the occupants of the main building. Not more than one commercial vehicle, owned by the occupants of the main building, which shall not exceed 6,000 pounds in gross weight, shall be stored in said garage.
§ 240-135 Trailers, boats and recreational vehicles.
The outdoor storage or parking of trailers, boats or recreational vehicles is prohibited in all districts, except that, on detached single-family and two-family lots in residential districts, not more than one trailer or recreational vehicle and not more than one boat can be stored or parked in the side yard or rear yard of the premises upon which the owner of said vehicle resides, provided that storage or parking is not within five feet from any lot line and the vehicle is properly licensed, registered and in good repair, and further provided that no trailer shall exceed a length of 25 feet.
§ 240-136 Swimming pools and tennis courts.
A.
Swimming pools and tennis courts in the R-1 and R-2 Zones shall not be located within 10 feet of a property line nor closer to a street line than the rear wall of the dwelling to which they are accessory uses.
B.
Swimming pools and tennis courts shall be suitably fenced in accordance with the Borough requirements as set forth in § 240-137 below and the following: The edge of the pool in the R-1 and R-2 Zones shall be set back a minimum of 10 feet from all property lines, and no part of the pool shall be nearer to any street line than the rear wall of the main building which is located nearest to the street, nor closer to the rear or side wall than the maximum depth of the pool.
C.
Swimming pools and tennis courts in the R-3, R-4 and R-5 Zones shall not be located within 25 feet of a property line nor closer to a street line than the rear wall of the dwelling to which they are accessory uses. Swimming pools and tennis courts shall be suitably fenced in accordance with the Borough requirements as set forth in § 240-137 below.
§ 240-137 Fences and walls.
A.
No fence or wall shall be erected, altered or constructed in any residential zone which shall exceed six feet in height above ground level, except that no fence exceeding four feet in height shall be permitted in the front yard.
B.
No fence or wall shall be erected, altered or constructed in any nonresidential zone which shall exceed eight feet in height above ground level, except fences or walls facing River Road which are limited to a maximum of four feet in height.
C.
Retaining walls shall be terraced in four-foot increments to enable suitable plantings to be installed along the retaining wall.
D.
Notwithstanding the above provisions, no fence or wall shall be erected, altered or constructed in any zone which shall violate the provisions set forth in § 240-113C regarding sight triangles.
E.
Fences surrounding the perimeter of tennis courts shall be exempt from the above requirements. Said fence shall not exceed 12 feet in height above ground level and shall not be closer than 15 feet to any side or rear property line nor be located in any required front yard.
F.
The finished side of a fence shall face the adjoining properties.
§ 240-138 Telecommunications-based office use.
A.
A telecommunications-based office use shall be incidental to the use of a dwelling unit for residential purposes. The area set aside for a telecommunications-based office use shall not exceed 30% of the total floor area of such residence, provided that in no event shall more than 500 square feet of the floor area of the dwelling unit be used in connection with a telecommunications-based office use.
B.
The use shall require no visitors.
C.
Only members of the immediate family permanently residing on the premises shall be employed in the telecommunications-based office use.
§ 240-139 Home occupation.
A.
A home occupation shall be incidental to the use of a dwelling unit for residential purposes. The area set aside for home occupations shall not exceed 30% of the total floor area of such residence, provided that in no event shall more than 500 square feet of the floor area of the dwelling unit be used in connection with a home occupation or for storage purposes in connection with a home occupation.
B.
Only members of the immediate family permanently residing on the premises shall be employed in the home occupation.
C.
A home occupation may be open to the public between 9:00 a.m. and 5:00 p.m. but shall not be open on Sundays or legal holidays.
D.
No more than one home occupation shall be permitted within any single dwelling unit.
E.
A home occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials or products connected with a home occupation shall be allowed in accessory buildings or attached or detached garages, driveways, walkways or yards.
F.
Merchandise shall not be displayed or offered for sale either within or outside of the residence.
G.
There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation. No advertising display signs shall be permitted.
H.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.
I.
The use shall not generate additional pedestrian or vehicular traffic. Visitors, customers or deliveries shall not exceed those normally and reasonably occurring for a residence, including not more than two business visitors an hour and eight a day and not more than two deliveries of products or materials a week.
J.
The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed 3/4 ton owned by the resident of the dwelling, which shall be parked in an adequate off-street parking area.
K.
The use shall not require additional off-street parking spaces for clients or customers of the home occupation.
§ 240-140 Child-care center facilities.
Application for a child-care center as a permitted accessory use shall comply with the following: A child-care center shall be permitted to occupy as an accessory use a portion of a building which is occupied as a principal permitted use in all nonresidential zones. This use shall be available to the occupants of the building and may also be available to others, provided that:
A.
The facility is licensed by the New Jersey Department of Human Services.
B.
A minimum of 150 square feet of outdoor play area shall be provided for the first five children, plus an additional 30 square feet of play area per child at peak usage. Play areas shall be permitted in the rear and side yards only and shall be enclosed by a fence at least four feet in height and landscaped and screened from adjoining properties.
C.
The area and bulk requirements applicable to the zone in which the site is located shall be complied with.
D.
No more than 15% of a building shall be occupied as a day-care center.
E.
No additional parking shall be required.
§ 240-141 Outdoor dining.
Outdoor dining/outdoor cafe shall be permitted as an accessory use in all zones wherein restaurants/eating establishments are permitted as a permitted or conditional use.
A. OUTDOOR CAFE SIDEWALK
Terms defined. As used in this subsection, the following terms shall have the meanings indicated:
Any eating establishment associated with a restaurant where food and other refreshments are served within the public right-of-way, namely the sidewalks immediately in front of any restaurant, cafe or place of business where food and/or other refreshments are served or where permitted on private property pursuant to the Zoning Ordinance of the Borough of Edgewater.
That area of the public right-of-way reserved for pedestrian traffic between the curb and the front line of a building.
B.
Permit required. No person shall operate an outdoor dining area/sidewalk cafe in the Borough of Edgewater without first obtaining an outdoor cafe permit and satisfying all of the requirements of this chapter.
C.
Application. Each applicant shall submit and file an application with the Borough Zoning Officer, together with three copies of a development plan (as described below) and a fee of $100. The application shall set forth:
[Amended 4-18-2016 by Ord. No. 1533-2016]
(1)
The name, address and telephone number of the applicant and property owner and written authorization of the owner of the property in question, and the street address and block and lot number of the property in question.
(2)
A sketch containing a scale drawing clearly illustrating the number, type of materials, location of all tables, chairs, umbrellas, planters, awnings, lighting, electrical outlets (if any) or other furnishings or fixtures intended to be located in the outdoor café. The perimeter of an outdoor dining area adjoining parking spaces which are perpendicular to an outdoor café shall be defined and set off by a portable-type enclosure, which may include live plantings. Any such enclosure that defines the perimeter of the outdoor café area shall be open at all times to the air from a height of not more than three feet. The scale drawing shall also illustrate the following:
(a)
The location of any doors leading from the restaurant to the outdoor dining area. No such door may be obstructed in any manner.
(b)
The dimension and location of the unobstructed space permitting passage of pedestrian traffic around or through the outdoor café.
(c)
An illustration of the enclosure or protective barrier separating the outdoor dining area from pedestrian or vehicular movement.
(d)
The location of all fire hydrants, utility poles or other fixtures permanently located in the outdoor dining area, or on the sidewalk or other area within 50 feet of the outdoor dining area.
(e)
The type and location of any proposed outdoor lighting.
D.
Application review procedure.
(1)
The Zoning Officer will review the application for completeness and compliance with the terms of this chapter. If the application is complete, the Zoning Officer will act upon the same within 10 business days of the submittal of the application or within 10 business days after the application is declared complete. If the application is not complete, the Zoning Officer will notify the applicant in writing, within 10 business days of the submittal, of the specific deficiencies of the application. The Zoning Officer may refer the application to the Construction Official, Chiefs of the Bureaus of Police and Fire, the Health Officer, the Municipal Engineer and Planner for their review and recommendation, whereupon the time for all of the aforementioned actions shall be increased to 15 business days.
(2)
If the application complies with this chapter, the Zoning Officer shall issue a permit, which shall be valid for one year from the date of issuance.
(3)
Acceptance of the permit by the applicant shall represent consent to allow the Departments of Health, Fire, Police and Building of the Borough to inspect the outdoor cafe for continued compliance with the terms, conditions and regulations of this chapter.
E.
Regulations.
(1)
No license shall be issued hereunder unless the applicant shall demonstrate that a minimum three-foot-wide area of unobstructed paved surface will be available for pedestrian movement, including the unimpeded passage of handicapped individuals, around or through the outdoor cafe.
(2)
No food or drink, including alcoholic beverages, shall be prepared or stored other than in the interior of the eating establishment.
(3)
Permits for outdoor cafes shall be valid for one year from the date of issuance of the permit.
(4)
No tables, chairs or other equipment shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk, or property of the Borough.
(5)
The applicant shall not direct or permit to be directed to or from the outdoor cafe any bell, siren, whistle, loudspeaker, public address system, radio or similar device.
(6)
No outdoor cafe shall be open for business prior to 11:00 a.m. nor remain open for business after 11:00 p.m. All persons occupying the outdoor cafe shall vacate the same no later than 11:30 p.m.
(7)
The applicant shall remove all chairs and other equipment from the sidewalk within 30 minutes of the time in which the outdoor cafe is vacated at the end of each business day.
(8)
The Borough shall not require additional parking for outdoor cafe seating, provided that the number of seats in the outdoor cafe does not exceed 30% of the total number of seats in the eating establishment, and further provided that any restaurant may install up to three outside tables without it affecting the parking standard. The Borough parking standard shall be applied to any seating which exceeds this calculation.
(9)
The applicant is responsible for keeping the area of the outdoor cafe and the adjacent walks and streets free and clear of any debris or litter occasioned by the cafe. Areas must be cleaned as needed and at the time that business is closed for the evening.
(11)
No refuse containers shall be permitted on the sidewalk.
(12)
Alcoholic beverages may be served outdoors in accordance with the alcoholic beverage control licensing requirements of the State of New Jersey. No alcoholic beverages shall be stored or prepared outdoors.
F.
Insurance required.
(1)
No permit required by this chapter shall be issued until the applicant shall have first filed with the Zoning Officer a comprehensive general liability policy issued to the applicant by a public liability insurance company authorized to do business in the State of New Jersey in the amounts specified. Such insurance policy shall name the Borough of Edgewater as additional insured with respect to the operation and maintenance of the outdoor cafe in the following amounts: bodily injury, each person $300,000 and each accident $1,000,000; property damage, each person $300,000 and each accident $1,000,000.
(2)
The insurance coverage required by this section shall at all times be maintained for the full amount and shall contain a clause obligating the company issuing same to give not less than 30 days' written notice to the Borough Clerk before cancellation or amendment of any of the terms thereof. The cancellation of any such policy shall have the immediate effect of suspending the permit to operate the outdoor cafe until a new policy complying with the provisions of this section is filed with the Zoning Officer and a letter confirming the new effective date of the permit is issued by the Zoning Officer.
G.
Indemnification required. No permit shall be issued until a statement is filed with the Zoning Officer agreeing to indemnify and hold harmless the Borough of Edgewater from any and all claims, damages, judgment costs or expenses, including attorneys' fees, which may be incurred or required to be paid because of any personal injury, including death or property damage, suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the permit is issued.
H.
Revocation or suspension of permit. Any permit issued hereunder is issued solely as a revocable permit and is subject to revocation or suspension by the Zoning Officer for failure to comply with this chapter or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. It shall be unlawful for any person to operate an outdoor cafe after the suspension or termination of the applicable permit.
I.
Alcoholic beverage license. An applicant holding an alcoholic beverage control license pursuant to the laws of the State of New Jersey shall have the responsibility to cause such license to be amended to include the outdoor cafe for the purpose of serving alcoholic beverages therein.
J.
Removal of material. No permit shall be issued unless the applicant agrees at the end of the license period, or in the event that the license is temporarily or permanently suspended or revoked, to vacate at his own cost and expense the sidewalk space and remove any property placed thereon. Failure to do so on five days' written notice shall grant the Borough the right to remove any property on the sidewalk. The applicant shall be required to reimburse the Borough for the cost of removing and storing the same.