Elmwood Park City Zoning Code
ARTICLE IV
General
§ 34-4.1 Uses.
[1969 Code § 88-8; Ord. No. 1978-6; Ord. No. 87-20]
a.
No structure shall be erected and no structure shall be altered nor shall any land or structure be used in any manner or for any purpose other than those included among the uses hereafter listed as permitted in the district in which such structure or land is located.
b.
No lot shall have erected upon it more than one principal permitted use. No more than one principal building shall be permitted on one lot except that shopping centers, multiple-dwelling and townhouse groups, and industrial complexes receiving site plan approval may be permitted to have more than one building on a lot in accordance with the zoning district in which it is located.
1.
A lot in the Planned Office Park Zone that has received site plan approval may be permitted to have more than one principal permitted use on said lot; provided that such uses are permitted uses in the Planned Office Park Zone or are conditionally permitted uses in the Planned Office Park Zone and all said uses have been determined to be reasonably related to each other by the Board granting site plan approval.
c.
Temporary buildings shall be permitted with approval of the Construction Official for uses incidental to construction work provided such buildings are removed upon completion or abandonment of the construction work.
d.
All uses not expressly permitted in this chapter are prohibited.
§ 34-4.2 Height.
[1969 Code § 88-9; Ord. No. 1978-6; Ord. No. 96-5]
a.
Structures Excluded from Height Controls. The height limits set forth in this chapter shall not apply to church spires; belfries; cupolas; or roof structures for the housing of elevators, ventilating fans, air conditioning equipment, or similar equipment required to operate and maintain the building; utility poles, flagpoles and chimneys; fire and parapet walls; similar features; and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purposes they are to serve. Nothing in this provision shall be deemed to permit signs of any kind to exceed the height limits for any district as prescribed in this chapter.
b.
Public and Quasi-Public Buildings. Public buildings, churches and church schools may exceed the height limitations of this chapter provided that the minimum front, rear and side yards shall be increased one foot for each foot by which such building exceeds the height limit herein established for such district in which such building is erected; provided further that in no case shall any such building have a height greater than 50 feet.
§ 34-4.3 Yards and Area.
[1969 Code § 88-10; Ord. No. 96-5; Ord. No. 00-3; Ord. No. 02-23 § 1; Ord. No. 07-8; Ord. No. 09-9]
a.
Projecting eaves, chimneys, open fire escapes, which do not project more than two feet, shall be permitted and shall not be counted toward lot coverage or setback. Open or lattice enclosed fire escapes and the ordinary projections of chimneys and flues are permitted. Cantilevers up to two feet are permitted in rear yard but will be counted toward setback. Bay windows and balconies not to exceed two feet are permitted in front and rear yards. If they exceed two feet they will be counted toward setback and coverage in their entirety.
b.
No open space provided around any principal building for the purpose of complying with front, side, or rear yard provisions shall be considered as providing the yard provisions of another principal lot. On a lot which extends through a block in a manner resulting in frontage on two or more streets, including corner lots, the building setback from each street shall not be less than the required front yard. Corner lots shall comply with Subsection 34-4.5.
c.
In all residential areas a minimum of 45% of the front yard as defined in this chapter and a minimum of 35% of the total lot area shall be maintained as a green area as defined in Subsection 34-3.1, exclusive of sidewalks from the driveway to the front door, not exceeding 36 inches in width.
d.
Adjacent to all rear and side property lines there shall be a pervious surface (preferably grass) extending a minimum of one foot into each lot. Fence posts shall be permitted to be installed within this one foot pervious surface.
e.
If a driveway must extend to or along a lot line where water runs from the subject property to the adjacent property, a six-inch high curb will be required to direct all stormwater runoff into a suitable drainage area as approved by the Borough Engineer.
f.
No structure shall be permitted within 10 feet of any right-of-way.
g.
No person shall in any zoning district of the Borough of Elmwood Park, park or stand or allow to park or stand any vehicle, as defined in N.J.S.A. 39-1 et seq., whether the same shall be registered or not registered; or trailer, boat trailer, camper or motor home within any green area as defined in this Subsection 34-3.1.
h.
A driveway may be extended into a yard to the front of a garage or to a maximum depth of the rear building line of a dwelling.
§ 34-4.4 Vision Clearance at Intersections.
[1969 Code § 88-11; Ord. No. 1978-6]
In all districts where front yards are required on corner lots, all walls, fences, ornamental structures, hedges, shrubbery or other plantings, other fixtures and structures, and ground elevation located within a triangular area having two twenty-five-foot sides measured along the front lot line and side street line from the intersection point of such lines shall be limited in height so as to prevent the impairment of vision at street intersections. Such height shall not be in excess of three feet above the established curb elevation of the nearest curb, except that retaining walls shall be permitted where changes in street grade, width, or alignment have made such structures necessary. In the case of trees within this triangular area, all branches shall be trimmed away to a height of nine feet above the curb level, where vision is measurably impaired or obstructed.
§ 34-4.5 Corner Lots.
[1969 Code § 88-12; Ord. No. 1978-6; Ord. No. 87-1; Ord. No. 02-23 § 2]
§ 34-4.6 Fences, Walls and Hedges.
[1969 Code § 88-13; Ord. No. 1978-6; Ord. No. 87-1; Ord. No. 87-11; Ord. No. 94-18; Ord. No. 02-23 § 3; Ord. No. 06-31; Ord. No. 09-9]
a.
Fences, walls and hedges shall be exempt from the yard and setback requirements of this chapter.
b.
Where any fence, wall or hedge is situated on a corner lot, the provisions of Subsection 34-4.4 shall apply with respect to the height limitations for visibility clearance at street intersections.
c.
No fence or wall hereafter erected, constructed or added to, that is situated between two abutting residential properties shall be any greater in height than six feet measured from the finished grade elevation along the length of such wall or fence; except that no hedge, wall or structure shall be any greater in height than three feet within 25 feet of any required front yards of such abutting lots; except as otherwise provided in this chapter. An open fence, maximum four feet in height, is permitted in a front yard setback.
d.
In the case where a lot extends through a block in a manner resulting in frontage on two or more streets, excluding corner lots, a fence, wall or hedge of not greater than six feet in height may be permitted on the street side yard and rear yard.
e.
In the case where one of the two abutting residential properties is a corner lot, a fence, wall or hedge of not greater than four feet in height may be permitted to extend to the required front yard where such fence, wall or hedge screens the rear face of a building located on the corner lot from abutting lots. In addition:
f.
No fence, wall or hedge shall be constructed of barbed wire or constructed in any other way so as to endanger or to be likely to endanger any person or persons on any adjacent lots or any person or persons traversing a public way.
g.
Fences in all zones shall be installed so that the finished side of the fence faces the street or the neighboring property.
h.
Where industrial property is adjacent to other industrial property, fences shall be permitted a maximum height of eight feet. The fence shall be no less than 25 feet from the front of the property. In those instances where the principal building is located less than 25 feet from the front line then the fence may be set back equal to that of the building but no less than the existing setback of the building. In all instances corner sight lines shall not be fenced.
§ 34-4.7 Essential Services Exempt.
[1969 Code § 88-14; Ord. No. 1978-6]
Essential services as hereinbefore defined shall be exempt from the provisions of this chapter.
§ 34-4.8 Performance Requirements.
[1969 Code § 88-15; Ord. No. 1978-6]
a.
No building may be erected, altered, or used and no lot or premises may be used for any use which is noxious or offensive by reason of odor, dust, vibration, illumination, electrical interference, noise, or which constitutes a public hazard by reason of fire, explosion, or air or water pollution.
b.
Electricity. Electronic equipment shall be shielded so there is no interference with any radio or television reception beyond the operator's property as the result of the operation of such equipment.
c.
Glare. No use shall direct or reflect a steady or flashing light beyond its lot lines. Exterior lighting and lighting resulting from any manufacturing or assembly operations shall be shielded, buffered, and directed as approved on the site plan so that any glare, direct light, or reflection will not interfere with the normal use of nearby properties, dwelling units and streets.
d.
Air, Water and Environmental Pollution. No use shall emit heat, odor, vibrations, noise, or any other pollutant into the ground, water or air that exceeds the most stringent, applicable State and Federal regulation. No building permit or certificate of occupancy shall be issued for any use until a State permit has been issued, where a State permit is required, to ascertain and approve the level of emission, quality of emission, type and quality of emission control, and such other State regulations governing the emission of pollutants into the ground, water, or air.
e.
Storage and Waste Disposal. No materials or wastes shall be deposited upon a lot in such form or manner that they can be transferred off the lot, directly or indirectly, by natural forces such as precipitation, evaporation or wind. All materials or wastes which might create a pollutant, be a safety hazard, or be a health hazard shall be stored indoors and/or be enclosed in appropriate containers to eliminate such pollutant or hazard. No flammable or explosive substance shall be stored on a property except under conditions approved by the Fire Department and the New Jersey Department of Labor and Industry and the New Jersey Department of Environmental Protection.