Garfield, NJ Zoning Ordinance

Garfield City Zoning Code

ARTICLE IX

Accessory Buildings and Fences

§ 341-33 Accessory buildings.

Detached accessory buildings may be erected as follows:

Detached accessory buildings in R Districts or on any lot adjoining an R District may occupy in the aggregate up to 30% of the area of any rear yard, but shall not be located nearer than three feet to any side or rear lot line.

(2)

No detached accessory building in an R District or on any lot adjoining an R District shall be located:

(a)

Within 50 feet of the front lot line of the lot.

(b)

Within six feet of a rear lot line that abuts a side lot line of a contiguous lot.

(c)

Nearer to the side street line of a corner lot than the main building on the lot or, if an abutting lot to the rear faces said street line, than a distance equal to the depth of the front yard required on said lot to the rear; however, in no case shall a garage on the corner lot and facing the side street be required to set back more than 25 feet.

Attached accessory structures shall be considered to be a part of the main building and the total ground floor and elevation of the combined structure shall be subject to all regulations governing the main building, except that an attached garage constructed on a lot existing at the time of passage of this chapter having less than the required area, width or depth shall be permitted to extend into the rear yard for its full length or width but not to exceed 22 feet, or 12 feet respectively, and shall be permitted to extend three feet into a required side yard, except on a corner lot, provided that it does not exceed 14 feet in height and has no windows in its side wall.

Notwithstanding any provision in this chapter to the contrary, detached accessory buildings and attached accessory buildings shall be governed by the following height limitations in all zones:

[Added 1-13-2004 by Ord. No. 2389]

(1)

For two-car garages: 16 feet to top of ridge beam.

(2)

For one-car garages: 14 feet to top of ridge beam.

(3)

All other accessory buildings, both attached and detached: governed by bulk requirements of the main building.

§ 341-34 Fences and walls.

[Amended 3-16-2010 by Ord. No. 2576]

The yard requirements of this chapter shall not be deemed to prohibit the following types of otherwise lawful fences and walls in the R Districts:

(1)

No solid fence shall be erected in the front yard. A fence not exceeding five feet in height within 50 feet of the front property line shall be permitted, provided that it is between twenty-five-percent and fifty-percent open construction, as defined in this section.

(2)

A fence not exceeding six feet in height, provided it is not less than 50 feet from the front property line and is of twenty-five-percent semi-open construction.

(3)

A solid fence not exceeding six feet in height, provided it is not less than 50 feet from the front property line, shall be permitted if within 100 feet of a B-1, B-2, I or LM District or if contiguous to a legally permitted preexisting nonconforming commercial or retained use as determined by and confirmed by the Zoning Official.

(4)

The face or finished side of a fence shall face the adjacent property.

(5)

A retaining wall or series of retaining walls having a total height four feet or greater shall, at all times, require a building permit and shall be constructed in accordance with the requirements of the Building Department and City Engineer.

(6)

A determination of "open construction" shall be made based upon the total area of solid elements divided by the total area of the fence being constructed or erected. The Construction Official shall prepare this calculation based upon the information submitted by the applicant for a permit.

Any fence installed or erected before the effective date of this section shall be deemed in compliance with the same, provided that the Property Maintenance Officer certifies that the fence erected complies with the requirements set forth in this section. If the fence does so comply, the Property Maintenance Officer shall issue a letter/certificate that said fence is preexisting but is in compliance with the same and shall be permitted to remain.

No fence shall be erected of barbed wire, topped with metal spikes, or constructed of any material or in any manner which may be dangerous to persons or animals. The determination of whether a fence is constructed in a dangerous manner shall be made by the Zoning Official/Property Maintenance Officer who shall apply reasonable construction standards to said determination.

[Added 5-11-2010 by Ord. No. 2583]

§ 341-35 Corner sight clearance.

Within the triangle formed by the street lines bounding a corner lot and a line drawn between points on such lines at the distance from their intersection specified below, there shall be no fence or wall higher than three feet nor any other obstruction to vision other than a post column or tree not exceeding one foot in diameter between a height of three feet and a height of 10 feet above the established grade of either street:

For a lot having an interior angle of 90° or more at the street corner thereof: 20 feet.

For a lot having an interior angle of less than 90° at the street corner thereof: 20 feet plus one foot for every 10° or major fraction thereof by which such interior angle is less than 90°.

§ 341-36 Swimming pool placement.

[Added 6-21-1946 by Ord. No. 1346]

No swimming pool permanently attached, whether below or above the ground, shall be constructed within six feet of any rear lot line or within six feet of any side lot line of a contiguous lot.

Garfield City Zoning Code

ARTICLE IX

Accessory Buildings and Fences

§ 341-33 Accessory buildings.

Detached accessory buildings may be erected as follows:

(1)

(2)

No detached accessory building in an R District or on any lot adjoining an R District shall be located:

(a)

Within 50 feet of the front lot line of the lot.

(b)

Within six feet of a rear lot line that abuts a side lot line of a contiguous lot.

(c)

Notwithstanding any provision in this chapter to the contrary, detached accessory buildings and attached accessory buildings shall be governed by the following height limitations in all zones:

[Added 1-13-2004 by Ord. No. 2389]

(1)

For two-car garages: 16 feet to top of ridge beam.

(2)

For one-car garages: 14 feet to top of ridge beam.

(3)

All other accessory buildings, both attached and detached: governed by bulk requirements of the main building.

§ 341-34 Fences and walls.

[Amended 3-16-2010 by Ord. No. 2576]

The yard requirements of this chapter shall not be deemed to prohibit the following types of otherwise lawful fences and walls in the R Districts:

(1)

(2)

A fence not exceeding six feet in height, provided it is not less than 50 feet from the front property line and is of twenty-five-percent semi-open construction.

(3)

(4)

The face or finished side of a fence shall face the adjacent property.

(5)

(6)

[Added 5-11-2010 by Ord. No. 2583]

§ 341-35 Corner sight clearance.

For a lot having an interior angle of 90° or more at the street corner thereof: 20 feet.

For a lot having an interior angle of less than 90° at the street corner thereof: 20 feet plus one foot for every 10° or major fraction thereof by which such interior angle is less than 90°.

§ 341-36 Swimming pool placement.

[Added 6-21-1946 by Ord. No. 1346]

No swimming pool permanently attached, whether below or above the ground, shall be constructed within six feet of any rear lot line or within six feet of any side lot line of a contiguous lot.

Garfield City Zoning Code

ARTICLE IX

Accessory Buildings and Fences

§ 341-33 Accessory buildings.

Detached accessory buildings may be erected as follows:

(1)

(2)

No detached accessory building in an R District or on any lot adjoining an R District shall be located:

(a)

Within 50 feet of the front lot line of the lot.

(b)

Within six feet of a rear lot line that abuts a side lot line of a contiguous lot.

(c)

Notwithstanding any provision in this chapter to the contrary, detached accessory buildings and attached accessory buildings shall be governed by the following height limitations in all zones:

[Added 1-13-2004 by Ord. No. 2389]

(1)

For two-car garages: 16 feet to top of ridge beam.

(2)

For one-car garages: 14 feet to top of ridge beam.

(3)

All other accessory buildings, both attached and detached: governed by bulk requirements of the main building.

§ 341-34 Fences and walls.

[Amended 3-16-2010 by Ord. No. 2576]

The yard requirements of this chapter shall not be deemed to prohibit the following types of otherwise lawful fences and walls in the R Districts:

(1)

(2)

A fence not exceeding six feet in height, provided it is not less than 50 feet from the front property line and is of twenty-five-percent semi-open construction.

(3)

(4)

The face or finished side of a fence shall face the adjacent property.

(5)

(6)

[Added 5-11-2010 by Ord. No. 2583]

§ 341-35 Corner sight clearance.

For a lot having an interior angle of 90° or more at the street corner thereof: 20 feet.

For a lot having an interior angle of less than 90° at the street corner thereof: 20 feet plus one foot for every 10° or major fraction thereof by which such interior angle is less than 90°.

§ 341-36 Swimming pool placement.

[Added 6-21-1946 by Ord. No. 1346]

No swimming pool permanently attached, whether below or above the ground, shall be constructed within six feet of any rear lot line or within six feet of any side lot line of a contiguous lot.