Hackensack City Zoning Code
ARTICLE XI
Accessory Uses and Structures
§ 175-11.1 Accessory buildings and structures in residential districts.
A.
Detached accessory structures and buildings.
(1)
Accessory structures which are not attached to a principal structure may encroach no more than halfway into a principal building's required side yard setback or be located anywhere within the rear yard, except on the street side of a corner lot, provided that:
(a)
Accessory structures shall otherwise maintain the minimum yard requirements of the principal structure.
(b)
No accessory structure shall be located closer to the street right-of-way line than the principal structure.
(c)
No portion of an accessory structure shall be used for living quarters.
(d)
Accessory structures below grade shall have a minimum rear or side yard, when not abutting a street, of five feet.
(e)
No detached accessory structure shall be placed nearer than 10 feet from any principal building.
(2)
No accessory building or structure shall be constructed or placed on any lot unless the principal building is first constructed or placed upon said lot.
(3)
In all residential districts, the height of an accessory building shall not exceed 1 1/2 stories or a height of 15 feet.
(a)
Accessory buildings in the R-3 Zone shall not exceed three stories even if the principal building is in excess of five stories. In no event shall the height of an accessory building in the R-3 Zone exceed the height of the principal building.
B.
When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building, including lot coverage and setbacks.
§ 175-11.2 Accessory building and structure regulations in nonresidential districts.
A.
In any nonresidential district, no accessory structure or use shall be located closer to any lot line than five feet. Said requirements shall not apply to retaining and decorative walls and fences, provided same do not exceed seven feet in height.
B.
Accessory structures below grade shall have a minimum rear or side yard, when not abutting a street, of five feet.
C.
In any nonresidential district, no accessory structure shall be located closer to any lot line than is required for the principal building on such lot.
D.
In any nonresidential district, the aggregate area covered by accessory structures shall not exceed 25% of the rear yard, exclusive of required buffer areas.
E.
In any nonresidential district, all accessory structures shall be located no less than 12 feet from the side or rear of the principal building.
F.
In any nonresidential district, no accessory structure shall be located closer to the street right-of-way line than the required front yard setback of the principal structure.
G.
When an accessory structure is attached to the principal building in all nonresidential districts, it shall comply in all respects with the requirements of this chapter applicable to the principal building including lot coverage.
H.
No portion of an accessory structure in any nonresidential district shall be used for living quarters.
I.
In all nonresidential districts, the height of the accessory structure to a permitted principal use shall not exceed two stories or 20 feet.
J.
Any garage structure, whether attached to or detached from the principal building, shall be treated as an accessory structure for purposes of building height.
K.
Accessory buildings for legally preexisting residential uses or for residential uses permitted by variance shall meet the standards for accessory buildings and structures for residential districts.
§ 175-11.3 Standards for specific accessory uses and structures.
A.
Accessory business uses in office buildings.
(1)
The following accessory retail and service uses shall be permitted within office buildings, provided that they are located only on the first floor.
(2)
Child day cares and seasonal day camps for children of employees of any office tenant shall be permitted on any floor of the building, provided adequate security shall be in place to limit access only to day care/day camp staff, building custodial staff, security personnel, and family or other persons authorized to drop off, pick up, and care for children.
(3)
All of the permitted accessory uses identified herein must be entirely contained within the building. Direct access from the outside shall be prohibited. Such space shall have no exterior signs or other appurtenances of any kind whatsoever.
B.
Accessory business uses in hotels.
(1)
The following accessory retail and service uses shall be permitted within hotels.
(a)
Banks;
(b)
Barber and beauty shops;
(c)
Book and stationery stores;
(d)
Confectionery and tobacco sales;
(e)
Gift shops;
(f)
Dry-cleaning establishments;
(g)
Restaurants and other eating and drinking establishments;
(h)
Florist shops;
(i)
Travel agencies and automobile rental services;
(j)
Live entertainment;
(k)
Bars and alcohol sales;
(l)
Convenience retail;
(m)
Catering;
(n)
Guest recreation facilities.
(2)
The above list does not prohibit hotels from including other accessory uses such as pools, gyms, child play spaces, and other customarily incidental and subordinate uses, where access and enjoyment of such use is not subject to additional fees or charges beyond the rate to stay in the hotel.
(3)
Child day cares and seasonal day camps for children of persons or families staying in the hotel shall be permitted on any floor of the building, provided adequate security shall be in place to limit access only to day care/day camp staff, building custodial staff, security personnel, and family or other persons authorized to drop off, pick up, and care for children.
(4)
All of the permitted accessory uses identified herein must be entirely contained within the hotel building. Direct access from the outside shall be prohibited. Such space shall have no exterior signs or other appurtenances of any kind whatsoever.
C.
Billiards tables in bars.
(1)
Shall be permitted, provided there is at least six feet from any edge of a billiard or pool table and any bar overhang, eating table or booth with seating, or any other pool table, and at least four feet between the pool table and any other wall or obstruction.
(2)
No person shall be able to access and use a billiard table who is not otherwise legally permitted to enter a bar or drinking establishment.
D.
Child day cares.
(1)
Shall be permitted as accessory uses to the following principal uses:
(a)
Hotels [per § 175-11.3B(2)];
(b)
Offices [per § 175-11.3A(2)];
(c)
Health and fitness clubs, gyms, spas;
(d)
Government buildings;
(e)
Post-secondary education facilities (colleges, etc.);
(f)
Assembly uses.
(2)
Child day cares permitted as accessory uses shall only be available for use by employees, patrons, and customers of the principal use on the same lot.
F.
Garage or yard sales.
(1)
A garage or yard sale of goods and materials shall not be conducted more than once during any one calendar year from the same residential premises, and any such garage or yard sale shall not exceed two days in duration. All signs advertising the sale must be removed within 24 hours of the completion of the sale.
(2)
No food or drink shall be served as part of the garage or yard sale, except that water or food may be offered if a health concern arises.
G.
Live entertainment.
(1)
Musical, theatrical, spoken word (poetry, comedy), and similar types of small-scale performances shall be permitted as an accessory use in bars, restaurants, assembly uses, nightclubs, and similar uses, provided the following:
(a)
There shall be no fee charged for enjoyment of the live entertainment except where the performances take place in a separate room from the main bar, general restaurant seating, main dance floors, or main assembly space.
(b)
Patrons of the principal business/use can access that principal use (i.e., drink at the bar, be seated at the restaurant) when live entertainment occurs regardless of their interest in the live entertainment.
(c)
Live entertainment shall not include nudity or explicit sexual activities.
I.
Private garages.
(1)
Private garages shall be deemed to be accessory uses to a permitted principal use if it is located on the same lot or parcel as the principal use.
(2)
Private garages shall be subject to regulations established herein.
(3)
In any townhouse development, the driveway providing access to a private garage may be counted as a parking space, provided that a minimum area of 10 feet in width and 20 feet in length is provided in the driveway area.
(4)
Private garages shall only be utilized for the storage and security of motor-driven vehicles. Private garages and carports shall not be utilized for the conduct of any business, service, or residency.
(5)
Private garages shall be permitted as accessory uses in all residential zones either as a detached structure or as a part of the main building for the storage of automobiles and other permitted items owned by the occupants of the main building. Not more than one commercial vehicle which shall not exceed 10,000 pounds in gross vehicular weight shall be stored in said garage.
J.
Private tennis and basketball courts.
(1)
Private tennis and basketball courts shall be permitted as an accessory use to a residential use, provided it is constructed on the same lot or parcel as the principal use. Said courts may be erected only in the rear yard of the zone lot. No portion of the courts or fence area surrounding the courts shall be located closer than 10 feet to any adjoining property.
(2)
No outdoor lighting shall be permitted in conjunction with said private courts unless it can be demonstrated that said lighting will be totally shielded from all surrounding residential land uses.
(3)
A fence with a maximum height of 10 feet shall be permitted incidental to the tennis or basketball court.
(4)
The court may be used only by the residents of the premises and their non-fee-paying guests and shall not be used as a revenue-generating operation.
(5)
Development of a private tennis or basketball court on any residential property shall be subject to site plan approval by the Planning Board.
K.
Refuse enclosures and storage areas.
(1)
Except for one- and two-family dwellings, any use or building which stores refuse outdoors shall comply with these requirements:
(a)
Any dumpsters or similar large capacity trash containers on parts of the lot or tract which are visible from any adjacent residential property, public open space, or public right-of-way shall be visually screened with a durable fence at least six feet in height.
(b)
The enclosure or storage area shall be designed to contain all trash that is generated and deposited on site. This shall be understood to mean that the enclosure not only has the capacity to hold all trash generated, but that it prevents loose trash from being moved outside of the enclosure by natural forces such as wind and flood.
(c)
The refuse enclosures or storage shall have a 4,500 pounds per square inch, air-entrained concrete base slab with a six-inch-by-six-inch ten-gauge welded wire fabric reinforcement.
(d)
The refuse enclosures or storage areas shall be located to provide clear and convenient access to refuse collection vehicles.
(2)
No refuse and recycling storage areas shall be permitted between a street and the front of a building, and all storage areas shall conform to all yard requirements imposed by this chapter upon the principal buildings in the zone.
(3)
All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible or otherwise attractive to rodents or insects shall be stored outdoors only if enclosed in sealed and covered containers which are adequate to eliminate such hazards.
L.
Roomers and/or boarders.
(1)
No roomer or boarder shall be permitted in any dwelling buildings, except that:
N.
Solar energy systems.
(1)
Residential requirements.
(a)
Roof-mounted solar energy systems.
[1]
Installation of solar energy systems shall be permitted on the roofs of residential housing units. The solar energy systems shall be mounted parallel to the roof angle and shall not exceed a height of 12 inches above the edge of the roof line.
[2]
The unit height shall never exceed the highest point of the roof surface or structure.
[3]
In the instance that the solar energy system is to be mounted on a flat roof, the panels may be angled to achieve maximum sun exposure, but shall not exceed five feet above the roof height, nor exceed the height of the parapet wall, whichever is less. In the event that the building does not contain a parapet wall, then the applicant shall provide the appropriate screening to shield the panels from view from street level.
[4]
In no instance shall the unit extend beyond the front, side, or rear roof lines.
[5]
The solar energy system shall not exceed the maximum height that is permitted for a principal or accessory building in that zone.
[6]
Solar energy systems are subject to the issuance of the appropriate permit issued through the Department of Building, Housing and Land Use.
(b)
Residential ground-mounted solar energy systems that produce energy are not permitted in residential districts.
(2)
Nonresidential requirements.
(a)
Roof-mounted solar energy systems.
[1]
Installation of solar energy systems shall be permitted on the roofs of nonresidential structures with minor site plan approval. The solar energy systems shall be mounted parallel to the roof angle and shall not exceed a height of 12 inches above the edge of the roof line. The unit height shall never exceed the highest point of the roof surface or structure. In the instance that the solar energy system is to be mounted on a flat roof, the panels may be angled to achieve maximum sun exposure but shall not exceed five feet above the roof height, nor exceed the height of the parapet wall, whichever is less. In the event that the building does not contain a parapet wall, then the applicant shall provide the appropriate screening to shield the panels from view from street level. In no instance shall the unit extend beyond the front, side, or rear roof lines. The solar energy system shall not exceed the maximum height that is permitted for a principal or accessory building in that zone. Solar energy systems are subject to the issuance of the appropriate permit issued through the Department of Building, Housing and Land Use.
(b)
Ground-mounted solar energy systems.
[1]
Ground-mounted solar energy systems shall be permitted in the rear and side lots of nonresidential properties, as long as the units are not visible from the street or neighboring residential properties [see Subsection N(2)(c) below, Aesthetic and architectural standards]. In no instance shall a ground-mounted solar energy system be permitted in the front yard of a nonresidential property. The height of the unit shall not exceed eight feet in height. Solar energy systems are subject to the appropriate permit issued through the Department of Building, Housing and Land Use.
(c)
Aesthetic and architectural standards.
[1]
Roof-mounted solar energy systems. Exposed hardware, supporting structures, frames and piping shall be finished in nonreflective surfaces and shall be compatible with the color scheme of the roof, or concealed. Solar-energy system is subject to the installation of appropriate screening in an architectural design compatible with the building.
[2]
Exposed hardware, supporting structures, frames, hardware, and piping that are visible to residential properties shall be screened from residential view through the installation of screening materials. The lot owner shall provide appropriate effective natural buffering materials that will block the view of said solar energy systems and accompanying materials from abutting residential zones or properties.
(3)
Solar panels, whether in a residential or nonresidential area, shall be maintained in accordance with the Housing and Maintenance Code of the City of Hackensack.
O.
Tool sheds and other similar structures.
(1)
Tool sheds, dog houses and other small structures shall be permitted as accessory uses, provided said accessory uses are located on the same lot or parcel as the principal use. Tool sheds and other similar structures shall only be provided in the rear yard of the zone lot. Said accessory uses shall not occupy more than 3% of the rear yard area as defined herein.
(2)
Tool sheds or other similar accessory structures up to 100 square feet may not be placed closer than three feet from the property line; larger than 100 square feet must meet the principal-building setback requirements for the zone.
P.
Vending machines.
(1)
Not more than one food or merchandise vending machine shall be located upon any one lot. This restriction shall not apply to food or merchandise vending machines which are located within a permanent enclosed building.
(2)
A food or merchandise vending machine which is not located as an accessory use within a permanent enclosed building housing a principal use shall conform to all of the following regulations and restrictions:
(a)
No food or merchandise vending machine shall occupy an area of more than 48 square feet.
(b)
No food or merchandise vending machine shall be located within any required front yard area or any yard area abutting a side street.
(c)
No food or merchandise vending machine shall be permitted unless it is of metal or steel construction.