Haledon City Zoning Code
ARTICLE IV
General Regulations 1
§ 405-19 Front yards.
A.
No building shall be erected and no building shall be reconstructed or altered so as to project in any way beyond the average setback line observed by the buildings on the same side of the street within the block at the time of the passage of this chapter.
B.
Excepting for D Industrial Zones and E Research and Development Industrial Zones, where there are existing buildings at the time of the passage of this chapter on only one side of the street within the block, then the setback line of the vacant side shall be the same as the average setback line of the improved side of the street within the block. This rule shall, however, in no case be applied so as to keep the street wall, walls or covered porches or buildings farther from the street line than the distance as given in the schedule below. Where there is no existing building on either side of the street within the block, no new building shall be erected with its foundation wall, walls or covered porches nearer to the street line than the distance given in the schedule below:
[Amended 7-12-1989 by Ord. No. 6-14-89C]
Zone | Distance from Street Line (feet) | ||
|---|---|---|---|
A-A-A | Residence | 40 | |
A-A | Residence | 25 | |
A A-1 | Residence | 25 | |
A | Residence | 25 | |
B | Residence | 15 | |
C | Business | No front yards required | |
NC | Neighborhood Business Zone | No front yards required | |
D.
In the A A-1 Residential Zone and A-A-A Residential Zone where a lot is bounded by more than one street, the setback from each street shall be the same as the required front yard on each street.[2]
[2]
Editor's Note: Original §§ 220-34, Rear yards; 220-35, Side yards, 220-37, Height and number of stories, 220-38, Lot area, lot depth and lot width, were repealed 7-12-1989 by Ord. No. 6-14-89C.
§ 405-20 Inner and outer courts.
The least dimensions of any inner court at its lowest level shall not be less than four feet. The minimum area of an inner court shall not be less than twice the square of its required least dimensions.
§ 405-21 Compliance required.
No existing building shall be altered, enlarged or rebuilt except in conformity with the regulations herein prescribed. Unless otherwise expressly provided, the terms "rear yard," "front yard," "side yard," "inner court" and "outer court" when used in this chapter shall be deemed to refer only to a rear yard, front yard, side yard, inner court or outer court as required by this chapter. No lot on which a building is or shall be erected shall be reduced or diminished so that the yards, courts or other open spaces shall be smaller than as prescribed by this chapter.
§ 405-22 Ventilation.
Every room in which persons live, sleep, work or congregate shall have at least one window or ventilating skylight opening directly either upon a street or upon a rear yard, front yard, inner court or outer court located upon the same lot and conforming to the requirements prescribed by this chapter as to the minimum area and least dimensions. The windows or skylights opening upon such required street, rear yard, front yard, inner or outer court shall have a minimum area in each room equal to at least 1/8 of the floor area of such room. Courts, yards or other open spaces, if provided in addition to those provided by these regulations, need not be of the area and dimensions herein prescribed. No court, yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall again be used as a yard, court or other open space for any other buildings.
§ 405-23 Dwellings in Business Zones.
Dwellings in business zones shall be erected in conformity with the requirements of the B Residence Zone; where the first story is devoted entirely to nonresidential use, no side yard shall be required on the first story and the building area, rear yard and court requirements may begin at the second-story sill level or 15 feet above the curb.
§ 405-24 Dwellings in rear of buildings; garden apartments.
No building to be used as a dwelling shall be constructed or altered in the rear of a building situated on the same lot. Nothing contained herein, however, shall be construed to prohibit the construction of more than one building on a lot as garden apartments if the construction of the said garden apartments otherwise complies with the requirements of this chapter.
§ 405-25 Interior lots.
An interior lot running through the block from street to street or to within 55 feet of its rear shall be required to provide a rear yard when improved with a single building.
§ 405-26 Yard area occupied by accessory buildings.
Accessory buildings may occupy 40% of the required rear yard to an average height of 15 feet above the ground level in a residence zone. The yard area occupied by such accessory building shall, however, be included in computing the maximum percentage of the lot area which may be built upon in any given case.
§ 405-27 Courts and yards to remain unobstructed.
The area required in a court or yard at any given level shall be open from such level to the sky, unobstructed except for the ordinary projections of skylight and parapets above the bottom of such courts or yards, and except for the ordinary projections of windowsills, belt courses, cornices and other ornamental features to the extent of not more than 12 inches.
§ 405-28 Exceptions to height regulations.
A.
The height provisions of this chapter shall not apply to the erection of church spires, belfries and towers designed exclusively for ornamental purposes, flagstaffs, chimneys, flues, gas holders, electric generating plants, wireless towers, water tanks, standpipes, penthouses, bulkheads, stage towers or scenery lofts.
B.
The height provision of this chapter shall not prevent the erection of a school, church, public library, public museum or a central telephone exchange to a height not exceeding 40 feet in a residence zone.
C.
Nothing in this chapter shall prevent the erection above the height limit of a parapet wall or cornice extending such height limit not more than three feet.
§ 405-29 Improvements on existing plots. [1]
Any plot existing as a separate parcel and not complying with minimum area or width of lot requirement in the schedule at the time of the passage of this chapter may, notwithstanding such fact, upon approval by the Planning Board, be improved with a building in accordance with the other regulations of its residence zone, provided the owner owns no adjacent land which may, without undue hardship to him, be included as a part of the plot in question.
§ 405-30 Off-street parking.
A.
In conjunction with any principal building hereafter erected or any use of land hereafter established, there shall be provided on the same lot therewith sufficient vehicular parking spaces, accessible from a public street, to meet the following minimum requirements:
(1)
Dwelling: 1 1/2 spaces per dwelling unit.
(2)
Accessory use: one space per dwelling unit plus three spaces for each 200 square feet of floor area so used or any fraction thereof.
(3)
Places of public assembly for either amusement, recreation, worship, education or fraternization: one space for each five persons based on capacity attendance.
(4)
Business, commercial and personal service establishment, retail stores: one space for each 100 square feet of floor space.
(5)
Office uses except medical and dental offices: one space for each 250 square feet of floor space.
[Added 7-12-1989 by Ord. No. 6-14-89C]
(6)
For medical and dental offices: six spaces per professional practitioner.
[Added 7-12-1989 by Ord. No. 6-14-89C]
(7)
Senior citizen housing off-street parking shall be provided at the minimum rate of one parking space for each two dwelling units. However, based upon a demonstration of proof, the Planning Board may approve off-street parking at the rate of one space for every three dwelling units as long as there is indicated on an approved plan an area designated for future parking and not diminishing nor violating any other height area requirement.
[Added 7-12-1989 by Ord. No. 6-14-89C]
(8)
Congregate housing, college, hospital, clinic, health care facility, nursing home and related institutions: Off-street parking shall be determined by the Planning Board based upon a showing of justification by the applicant that the amount of parking provided is sufficient for the intended use.
[Added 6-14-1989 by Ord. No. 6-14-89C]
B.
The foregoing requirements shall not apply where the use of an existing building is being changed to one which would not require a greater amount of off-street parking, or where such building and use are not enlarged by more than 10%, or where an existing building and use are replaced by a new building not over 10% larger and a new use not requiring a greater amount of off-street parking.
[Added 7-12-1989 by Ord. No. 6-14-89C[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection L(2) as Subsection L(3).
C.
In industrial zones, off-street parking requirements shall be in accordance with the provisions and requirements of § 405-14C(9) and (11).[2][3]
§ 405-31 Garages and Service Stations in Business and Industrial Zones
A.
No permit shall be issued for the erection of a garage or a group of garages for more than five motor vehicles or for a motor vehicle service station or gas filling station, or for the conversion of any premises not so used to be used for such purposes in any business or industrial zone, if any part of the lot or plot in question is situated within a distance of 200 feet of any of the following:
(1)
A public school or a duly organized school other than a public school conducted for children under 16 years of age, giving regular instruction at least five days a week for eight or more months a year.
(2)
A hospital maintained as a charitable institution or a private hospital maintaining at least 15 beds for patients.
(3)
A church.
(4)
A theater.
(5)
A public library.
B.
No gasoline filling appliance shall be located within 15 feet of a street line or within 20 feet of an adjacent property line.
C.
No existing garage for more than five motor vehicles or group of garages for more than five motor vehicles or a motor vehicle service station or gas filling station shall be deemed to become a nonconforming use through the subsequent erection of such a school, church, hospital, theater or library as defined above within the aforesaid prescribed area.
§ 405-32 Accessory buildings in residence zones.
A.
Location in relationship to streets.
(1)
Accessory buildings in residence zones shall conform to the following regulations as to their location upon the lots:
(a)
In the case of an interior lot fronting on only one street, no accessory building shall be erected or altered so as to encroach upon that half of the lot depth nearest the street.
(b)
In the case of an interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
(c)
In the case of a corner lot fronting on two streets, no accessory building shall be erected or altered so as to encroach upon the area between such respective streets and a line drawn parallel to such streets in a manner to divide the lot into two equal areas in respect to each street.
(d)
In the case of a corner lot fronting upon three or more streets, no accessory building shall be erected or altered so as to encroach upon that fourth of the lot depth nearest each and every street.
(2)
Notwithstanding any requirement in this section, the foregoing rules shall not prohibit an accessory building 75 feet or more from any street bounding the block.
B.
Location in relationship to adjacent lots. No accessory building shall be located within three feet of its rear or side lot line when such line forms part of the front half of the side line of an adjacent interior lot or the front quarter of an adjacent through lot whether the latter be an interior or a corner lot.
C.
Waiver of limitations. The limitations imposed by this article upon the location of an accessory building shall be waived when the accessory building is incorporated as an integral part of or enclosed by one or more of the same enclosing walls as the building to which it is an accessory