Hasbrouck Heights City Zoning Code
ARTICLE VII
Off-Street Parking and Loading
§ 275-23 Off-street parking and loading spaces required.
[Amended 5-11-2004 by Ord. No. 20407-13-2004 by Ord. No. 2051; 4-12-2005 by Ord. No. 2077]
In all districts, except the B-1 Central Business District, there shall be provided at the time any building, structure or use is erected, enlarged or increased in capacity off-street parking and loading spaces for automobiles and other vehicles in accordance with the requirements set forth in Article VI of the Site Plan and Subdivision Ordinance of the Borough of Hasbrouck Heights.[1] In the B-1 Central Business District, the minimum number of parking and loading spaces to be provided at the time any building, structure or use is erected, enlarged or increased shall be as more specifically provided in § 238-23A. Such facilities shall be completed prior to the issuance of a certificate of occupancy. For detached one-family dwellings for which site plan approval is not required, there shall be provided a minimum of two off-street parking spaces of not less than nine feet by 18 feet, and one of which shall be enclosed. For two-family dwellings for which site plan approval is not required, a minimum of four off-street parking spaces shall be provided, of which two shall be enclosed. Carports shall not be permitted in any zoning district within the Borough.
§ 275-24 Outdoor and enclosed parking.
A.
Prohibited. No motor vehicle of any type or trailer of any type intended to be attached to a motor vehicle, either of which is of a gross weight of 8,000 pounds or more, shall be parked, stored or garaged upon any premises within a residential zone in the Borough.
B.
No truck, trailer or omnibus shall be parked upon or stored upon any premises within a residential zone in the Borough unless such vehicle has a gross weight of less than 8,000 pounds and unless such vehicle is garaged or enclosed and except as otherwise provided hereinafter.
C.
Exceptions. Excepted from the requirements of garaging or enclosing as provided in Subsection B hereof are the following vehicles:
(1)
Trucks, vans or station wagons even though designed primarily for the carriage of personal property, goods, wares or merchandise, whether or not such vehicles may be otherwise classified as commercial, if the carriage or cargo area of such vehicle is fully enclosed or if the carriage or cargo area is sufficiently enclosed to hide from view from any adjacent property any of the personal property, goods, wares or merchandise which may be contained therein or if the carriage or cargo area of such vehicle is empty and only if such vehicle is of full length not exceeding 235 inches and a full height not exceeding seven feet and only if such vehicle has a gross weight of less than 6,000 pounds. However, such trucks, vans or station wagons which bear commercial writing on their exterior and parked in residential zones must be parked behind the front line of the dwelling structure on such residential premises.
(2)
Omnibuses not exceeding a full length of 260 inches and not exceeding a full height of seven feet and commonly known as either a "limousine," "station wagon" or "passenger van," and only if such vehicle is intended to accommodate no more than nine passengers, and only if such vehicle bears no commercial writing on its exterior.
(3)
Boats and recreational vehicles, provided that they are located behind the front line of the dwelling unit and the vehicle is suitably screened.
D.
Off-street parking of motor vehicles shall be permitted on any and all premises in nonresidential zones only if such parking is accessory to or in connection with the business of the owner or occupant of said premises, except that nothing herein contained shall permit off-street parking of any truck or commercial vehicle other than when engaged in loading or unloading or the storage or garaging of any such truck or commercial vehicle other than in a permanent building.
E.
The use of trailers in any zone in connection with site construction shall be permitted, subject to the following regulations and restrictions:
(1)
Such trailers shall be located on the lot on which there is such construction and shall not be located within 25 feet of the boundary line of any abutting residential lots.
(2)
Such trailers shall be used only as field offices and not for any dwelling use whatsoever.
(3)
Such trailers shall not be moved onto a construction site until the date on or after which construction actually commences and shall be removed from such site on or before the completion of construction. If construction is interrupted and ceases for more than 60 days, the construction trailer shall be removed until actual construction commences again.
F.
No motor vehicle which is unfit for operation under its own power or mechanism, stored in the open or permitted to remain subject to public view on any premises except in an enclosed garage, shall be permitted in any zone district of the Borough of Hasbrouck Heights.
G.
It shall be unlawful for any person to park or maintain a standing vehicle on lands of another, whether public or privately owned, in the Borough of Hasbrouck Heights after notice has been posted as hereinafter provided by the owner, occupant, lessee or licensee prohibiting such parking. Nothing herein contained shall apply to any lands lying within the boundary of any public street or highway. Suitable signs, no larger than 18 inches by 24 inches in size, bearing the words "No Parking," together with any qualifications or restrictions of such parking, if any, and conspicuously displayed, shall be posted on said lands by the owner, occupant, lessee or licensee thereof. Defacing, tampering with or damaging such signs when posted shall constitute a violation of this section.
§ 275-25 Parking in residential districts.
A.
Permitted driveways.
(1)
There shall be permitted no more than one driveway per lot. Circular driveways are not permitted other than for single- or two-family homes located on Terrace Avenue subject to the following caveat. The circular driveway, if at all possible, shall be located in the rear of the lot. Failing that, the circular driveway may be located in the front portion of the lot.
[Amended 12-19-2023 by Ord. No. 2539]
(2)
For driveways leading to an attached garage or any unattached garage the front of which is not behind the rear line of the dwelling, the maximum width shall be the width of the inside walls of the garage but not exceeding 10 feet per garage bay.
(3)
For other driveways, except the portion thereof extending beyond the rear line of the dwelling, the maximum width shall be equal to 35% of the average width of the front yard but not exceeding a width of 20 feet.
[Amended 7-12-2005 by Ord. No. 2092]
(4)
For that portion of the driveway extending beyond the rear line of the dwelling, the maximum width shall be 40% of the lot width not to exceed 30 feet.
(5)
All driveways, other than those leading to an attached garage, shall extend at least to the rear line of the house.
(6)
No driveways hereinafter constructed, installed or extended shall be located within one foot of the side line of the property.
(7)
In the event that the side line of a driveway otherwise permitted hereunder is immediately adjacent to a previously existing wall or other permanent structure or immediately adjacent to a retaining wall that must be installed to provide the proper grade for the proposed driveway and that exceeds a height of one foot, then such driveway may be one foot wider than otherwise provided under Subsection A(2) and (3) hereof for such distance as it is adjacent to such permanent wall or structure or proposed retaining wall.
(8)
Where the maximum width regulations of this chapter are increased or otherwise affected by virtue of the relationship of the driveway to the garage, such maximum width regulation shall be thereby increased and apply only so long as the garage remains on the lot and continues to be utilized for the primary purpose of vehicular storage.
B.
Adjacent pavement. In a residence district, no sidewalk, patio, pavement, asphalt, concrete, stonework or other form of construction shall be installed, constructed, applied or used so as to serve to widen, extend or alter any driveway beyond the dimensions permissible under this chapter. In the event that a sidewalk, patio, pavement, asphalt, concrete, stonework or other form of construction is installed, constructed or applied immediately adjacent to a driveway in a residence district, the same shall have a maximum permissible width of 42 inches and shall be separated from the driveway by a permanent curb of at least six inches in height. Specifically exempted from the provisions of this section shall be sidewalks or walkways located within the public right-of-way.
C.
Curb cuts. In a residence district, there shall be permitted no more than one curb cut per lot, and such curb cut shall be no wider than the maximum permitted width of the driveway in the front yard of the subject lot plus two feet.
D.
Prohibited parking. In a residential district, no automobile or any other motor vehicle of any nature shall be parked or left standing on residential premises unless it shall be parked or left standing on a driveway constructed or installed in accordance with the provisions of this chapter.
E.
Permits required. In a residence district, the owner of any premises upon which a driveway is to be installed, extended or resurfaced shall be required to apply to the Building Inspector for a permit authorizing such construction. The application therefor shall be made upon a form or forms supplied by the Building Inspector and shall be accompanied by a single line sketch of the proposed installation, extension or resurfacing, together with a detailed statement of materials to be applied in construction, installation, extension or resurfacing. There shall be paid to the Borough upon filing such permit application a fee as set forth in Chapter 133, Fees.
§ 275-26 Parking in the Central Business District (B-1 Zone).
A.
Ingress and egress to and from such parking area shall be to and from the Boulevard or, if no ingress and egress is available to and from the Boulevard, to and from the other adjacent streets, but in no event shall the ingress and egress to and from any street other than the Boulevard be for a parking area designed to accommodate the parking of more than six motor vehicles.
B.
There shall be erected and maintained along the perimeter line of parking areas adjacent to the residential area or adjacent to premises lawfully used for residential purposes either a woven fence or other permanent screening not less than six feet or more than eight feet in height, or there shall be planted and maintained evergreens not less than six feet in height, such fencing, screening or planting so installed or planted and maintained so that automobiles parked in said parking area will not be subject to view from the adjacent residential area.
C.
No parking lot shall be constructed and no parking shall be permitted closer than five feet from any line of the said premises which is adjacent to any residential zone or any premises lawfully used for residential purposes.[1]
[1]
Editor's Note: Former Subsection D, which immediately followed this subsection and which pertained to variances or waivers from requirements for additional parking spaces and to the Central Business District Parking Facility Trust Fund, as added 2-11-1997 by Ord. No. 1779, was repealed 4-14-1998 by Ord. No. 1809. Former § 275-26.1. Variances or waivers from required number of parking spaces for nonresidential uses; Parking Facility Trust Fund, added 4-14-1998 by Ord. No. 1809, which immediately followed this section, was repealed 12-27-2001 by Ord. No. 1951.
§ 275-26.1 Exception for certain parking lots from the use limitation.
[Added 8-9-2011 by Ord. No. 2267; amended 8-23-2011 by Ord. No. 2269]
A.
Nothing contained in this article withstanding, in any zone, the owner of any nonresidential property having a lawfully existing parking lot, parking facility or garage which lot, facility or garage has been found, determined and certified in writing by the Zoning Enforcement Officer as hereinafter provided to regularly have an unused parking space or spaces available for use for periods of time no longer than between the hours of 6:00 p.m. and 8:00 a.m. may rent such unused parking spaces to residents of the Borough of Hasbrouck Heights for the parking thereupon or therein for periods of time no longer than between the hours of 6:00 p.m. and 8:00 a.m. of such residents’ motor vehicles or moveable trailers, each of which shall be no longer than 20 feet, no wider than nine feet and no greater in height than 10 feet.
B.
For the purposes of this section, the owner of such parking lots shall apply to the Zoning Enforcement Officer for a permit to be allowed to rent unused parking spaces in accordance with this section. Such an application shall be accompanied with a fee as provided in Chapter 133, Fees, § 133-30D, of this Code. The application shall be further accompanied with a current striping plan of the parking facility prepared by a professional engineer of the State of New Jersey disclosing all parking places with individual numbering. The property owner shall be responsible to maintain the striping and numbering as it appears on the approved plan during the term of the permit and any extensions. The Zoning Enforcement Officer shall thereupon inspect the subject premises, determine whether the use of the premises and the existence of unused parking qualify for rental hereunder, determine which of the available parking spaces would, when compared to the entire parking facility, impose the least detriment upon the neighboring property, and designate those parking places by their respective numbers which qualify for rental under this section and which impose the least detriment upon the neighboring properties. Upon such a determination, the Zoning Enforcement Officer shall either deny the application or issue a permit allowing the said rental and specifying which parking places may be so rented. Any grievance arising from such determination by the Zoning Enforcement Officer shall be subject to review by the Board of Adjustment by way of appeal pursuant to N.J.S.A. 40:55D-70a.
C.
All permits issued hereunder shall expire on the 31st day of December, 2012, and on the 31st day of December of every year thereafter. All such applications must be filed at least 60 days prior to the intended issuance of the permit.