Ho Ho Kus City Zoning Code
ARTICLE V
General Provisions
§ 85-15 Applicability. [1]
§ 85-15.1 Accessory buildings and structures.
A.
Accessory buildings and structures as part of principal buildings. Any structure, building and/or part of a building and/or structure attached to a principal building shall adhere to the yard requirements for the principal building.
B.
Constructed after principal building. No accessory building or structure may be built on any lot on which there is no principal building.
C.
Distance from property lines. No accessory building or structure shall be located within the front yard. Accessory buildings and/or structures shall comply with the minimum distance from the side and rear property lines as contained herein.
D.
Area of accessory buildings. The total ground floor area of all accessory buildings on a lot shall not exceed the ground floor area of the principal building and may not occupy more than 25% of the required rear yard, whichever is smaller.
E.
Dwellings prohibited. No accessory building or structure shall be used as a dwelling.
F.
Accessory pool cabana. Pool cabana structures shall be subject to the following:
[Added 4-27-2021 by Ord. No. 2021-47]
(1)
An accessory pool cabana is permitted to be a one-story, ground-level, detached accessory structure enclosed with a roof, serving a lawfully existing and approved swimming pool on a residential property.
[Amended 7-20-2021 by Ord. No. 2021-54]
(2)
Only one accessory pool cabana is permitted per residential property.
(3)
Such a structure shall be used only for recreational or storage purposes associated with the principal residential use of the property.
(4)
The pool cabana structure shall not contain a bedroom and/or similar living quarters, and shall not contain such accommodations to be defined as having a full-service kitchen. A toilet, sink and exterior (only) shower are permitted. HVAC installation, air conditioners, and heating or cooling systems or equipment are prohibited.
[Amended 7-20-2021 by Ord. No. 2021-54]
(5)
In addition, a cabana shall comply with the following maximum dimensions:
Lot Size (square feet) | Maximum Cabana Size (square feet) |
|---|---|
6,500 to 22,000 | 150 |
22,001 to 43,000 | 200 |
43,001 and greater | 300 |
(6)
A deed restriction containing the following language is to be filed with the Bergen County Clerk's Office for the property containing the accessory pool cabana stating minimally the following:
The grantor and grantee specifically represent and warrant that this deed contains a deed restriction whereby the cabana use will not contain bedrooms and/or living quarters, full-service kitchen or be used for sleeping. This deed restriction is intended to prohibit conversion to a habitable space.
§ 85-16 Buildings per lot.
In the R-1, R-2, R-3 and R-4 Zones, only one building shall be used as a dwelling per lot.
§ 85-17 Validity of permits previously issued.
Nothing herein contained shall require any change in plans, construction or designated use for which a building permit has been heretofore issued and the construction of which shall have been diligently pursued within three months of the date of such permit, and the ground story framework of which, including the second tier of beams, shall have been completed within six months of the date of the permit.
§ 85-18 Front yards.
If a building is located diagonally on a lot facing two streets, the yards adjoining both streets shall comply with the front yard requirement.
§ 85-19 Conversion of dwellings.
The conversion of any existing dwelling to a business use shall comply with the district regulations of this chapter and shall be subject to the review and approval of a site plan prior to the issuance of the building permit.
§ 85-20 Construction involving subsequent risk.
No permit shall be granted for a building or use if the design or construction of same is likely to involve exceptional risk of traffic congestion, public safety or hazard.
§ 85-21 Groundwater supplies.
No permit shall be granted for a building or use until the applicant has complied with all federal and state statutes, rules and regulations with respect to permitted distances from existing wells, infiltration gallery, spring or similar source of groundwater now or hereafter developed for a public water supply system.
§ 85-22 Land fill.
All lots being filled shall be filled with topsoil and/or clean fill to allow complete surface draining of the lot into local storm sewer systems. No construction shall be permitted which creates or aggravates water stagnation or a drainage problem.
§ 85-23 Landscaping.
All properties shall be suitably landscaped, except for areas covered by buildings or surfaced as parking or service areas. All landscaping shall be properly maintained throughout the life of any use on any lot.
§ 85-24 Lighting, ornamental landscape structures, and sound systems.
[Amended 7-20-2021 by Ord. No. 2021-53]
A.
Purpose The provisions of this section shall apply to all principal and accessory uses or activities permitted within a residential district or within 200 feet of a residential district boundary line. Any outdoor lighting shall be adequately shielded and directed away from the adjoining properties and shall not create an unsafe condition. Any public address system or loudspeaker device which can be heard beyond the property line is specifically prohibited. Ornamental landscape structures shall be permitted as set forth below.
B.
Ornamental landscape structures shall mean an accessory structure placed year-round in a fixed location in a yard or open space to provide a decorative or ornamental element to the grounds and gardens of the principal use. Ornamental landscape structures shall include entry posts or stanchions and other such structures, whether or not they provide lighting.
C.
Requirements and limitations. Ornamental landscape structures are permitted in any residential zone as an accessory structure, subject to the following requirements:
(1)
Ornamental landscape structures must be located in the front yard within six feet of the front property line or setback as defined in Subsection C(5) below.
(2)
A maximum of two ornamental landscape structures are permitted per driveway entrance and must be located entirely on the subject property.
(3)
Ornamental landscape structures shall not exceed five feet high and shall not exceed four feet in width in any direction. A lighting fixture, lamppost, or luminary is permissible, but the top of the fixture may not exceed seven feet from the base of the ornamental landscape structure.
(4)
The maximum height of the ornamental landscape structure shall be measured from the lowest point at ground level.
(5)
Ornamental landscape structure setback requirements.
(a)
Ornamental landscape structures are not allowed in the public right-of-way and must be wholly within the lot line boundaries.
(b)
Minimum required front setback from the edge of the street pavement for all ornamental landscape structures for lots with or without a sidewalk shall be the greater of six feet or the distance between the edge of pavement and the right-of-line. All ornamental landscape structures must be installed behind the sidewalk, if a sidewalk exists.
(c)
In the event that a sidewalk is installed subsequent to the installation of an ornamental landscape structure, it is responsibility of the property owner to comply to the setback rules for properties with sidewalks at the expense of the property owner.
(6)
The entrance space created by or between any ornamental landscape structure shall provide for a minimum of 15 feet of clear and unobstructed space around it at all times and shall further provide enough space to allow emergency service vehicles clear access to the property.
(7)
Fencing as per the existing zoning ordinance may be attached to the stanchions.
(8)
Zoning and construction permits shall be required before installation of any ornamental landscape structure.
§ 85-25 Natural features to be preserved.
No structure shall be built within 50 feet of the bed of a stream. No building shall be constructed on land subject to periodic overflow or on land which has an average water table within two feet of the ground surface. No person shall strip, excavate or otherwise remove topsoil for sale or other use other than on the premises hereinafter specified. Existing natural features, such as trees, brooks, drainage channels, rock outcrops and views, shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required wherever possible at the discretion of the Planning Board. Natural waterways are not to be altered.
§ 85-26 Outdoor storage.
A.
All unusable objects or discarded materials stored out of doors must be removed within five days after written notice shall have been given by the Construction Code Official.
B.
Boats, trailers, airborne vehicles, campers or other recreation vehicles are not permitted to be stored or displayed out of doors in any district.
C.
Motor vehicles or other mechanical equipment which are not operative or are unregistered shall not be permitted to be stored out of doors in any residential district for a time longer than that normally required for proper disposition, but in any event not to exceed 30 days.
D.
In all nonresidential zones, outdoor storage is only permitted in the side and rear yards, as herein regulated. No article, equipment, vehicle, supplies or materials shall be kept, stored or displayed outside the confines of any building unless and until the same is screened by special planting or fencing, as pursuant to Chapter 22, Fences,[1] and as approved by the Planning Board, and maintained in good condition so that it shall not be visible from any adjacent property or public street. Any fence required to screen the outdoor storage of flammable material otherwise permitted by this chapter shall not be closer than 20 feet to any property line on the lot upon which it is erected.
§ 85-27 Refuse storage.
The storage of refuse outside a structure shall be in tightly closed containers located no closer than 10 feet to the property line or the setback prescribed for accessory buildings in that district, whichever is greater. All areas provided for the outside storage of refuse shall be screened so that it is not visible from the public street or adjoining property.
§ 85-28 Visibility at intersections.
[Amended 12-16-2003 by Ord. No. 881]
On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than 30 inches in height from the normal ground level shall be erected, placed or maintained within the triangular area formed within 15 feet of the point of intersection of the front and corner side lot lines unless otherwise specified in accordance with the New Jersey Residential Site Improvement Standards.
§ 85-29 Private garages.
A.
In all R-1 Residential Districts, there shall be at least one enclosed two-car garage for each dwelling unit hereafter erected or altered to be located on the same lot, which shall not thereafter be altered or converted without the erection of an equivalent enclosed garage. Not more than one commercial vehicle with a maximum capacity of 1 1/2 tons owned or used by a resident on the premises shall be permitted, and it shall be kept in a garage at all times when not in use.
B.
In all other residential districts, there shall be at least one enclosed single-car garage for each dwelling unit hereafter erected or altered, which shall not thereafter be altered or converted without the erection of an equivalent enclosed garage. Not more than one commercial vehicle with a maximum capacity of 1 1/2 tons owned or used by a resident on the premises shall be permitted, and it shall be kept in a garage at all times when not in use in accordance with the above requirements.
C.
In all residential districts where there is more than one garage space per dwelling unit, no more than two garage spaces may be rented to other than occupants of the premises, and not more than one commercial vehicle shall be stored therein. Any commercial vehicle, boat, airborne vehicle, camping vehicle or trailer shall be garaged in a building of permanent construction.
D.
No garage space may be used by an occupant or owner of the premises or rented or leased for commercial purposes of any kind.
§ 85-30 Auction and garage sales.
[Amended 6-26-2001 by Ord. No. 841; 5-25-2010 by Ord. No. 962]
No auction sales of personal property shall be conducted in any residential district. Auction sales in other districts shall receive the approval of the Mayor and Council. Upon payment of $25 to the Borough Clerk, a permit may be issued for a period of 48 hours. No auction sales shall be permitted to be held out of doors. All items must be stored within a building. Nonprofit or charitable organizations are excluded from the payment of fees. Private garage, yard, driveway or similar sales may be conducted in any district on any day and shall be permitted to be held out of doors between the daylight hours of 9:00 a.m. and 8:00 p.m. A permit shall be obtained from the Borough Clerk upon payment of a fee of $10. Private garage sales shall be restricted to the sale of personal property. There shall be no more than two garage sales per year, one between January 1 and June 30 and one between July 1 and December 31; provided, however, that there shall be at least 30 days between sales, and no sale shall exceed 48 hours unless special permission is granted by the Mayor and Council.
§ 85-31 Vending machines.
No vending or coin-operated machines of any description or for whatever purpose shall be permitted in any district unless they are installed within a building, except for public communication systems (telephones). Public communication systems may be permitted out of doors in any district upon written application to the Mayor and Council for location and approval.
§ 85-32 Self-service establishments.
No coin-operated dry-cleaning stores, laundromats or other similar self-service establishments will be permitted unless a full-time attendant is on the premises at all times when open for business.
§ 85-32.1 Home occupations.
[Added 7-27-1999 by Ord. No. 818]
Home occupations shall be permitted as accessory uses in all residential districts in a manner that will not impact upon adjacent properties. Home occupations shall conform to the following standards:
A.
The home occupation shall be conducted entirely within the principal building.
B.
The home occupation shall be clearly incidental and subordinate to the use of the dwelling for residential purposes and shall be limited to not more than 25% of the gross floor area of the first floor or 400 square feet, whichever is smaller.
C.
The home occupation must be conducted by a person who occupies the premises as his or her principal residence.
D.
No employees are permitted other than members of the immediate family who reside on the premises.
E.
There shall be no outdoor storage of materials or equipment. Merchandise shall not be displayed or offered for sale either within or outside of the residence.
F.
No persons shall be permitted on the property regarding the office area other than people making deliveries or service calls as otherwise might occur on the property regarding the dwelling unit. There shall be two exceptions permitted under this subsection:
G.
A home occupation shall be carried on wholly within the principal building. No home occupation or storage in connection with the home occupation shall be allowed in accessory buildings or detached garages, driveways, walkways or yards, except as permitted by Subsection E above.
H.
There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation. No advertising displays or signs shall be permitted.
I.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property. No equipment or process shall be used which creates visual or audible electrical interference in any radio, television receiver or telecommunication device off the premises. No hazardous or toxic materials, as defined by state or local codes, shall be stored on the premises.
J.
There shall be no delivery vehicles other than associated with the residential use on site.
K.
All parking of motor vehicles for the persons engaged in the home occupation and for business visitors shall be provided on the premises. On-street parking for business visitors is prohibited.
L.
The occupant who conducts the home occupation must apply for and obtain a zoning permit prior to commencement of the home occupation.
§ 85-32.2 Certificate of registration; fee.
[Added 7-27-1999 by Ord. No. 818]
A.
No person, association of persons or corporation shall hereafter conduct or operate any home occupation in the Borough of Ho-Ho-Kus, as permitted under this chapter, without first having obtained a certificate of registration from the Building Department, indicating that all requirements pertaining to building, zoning, fire and health codes of the Borough have been complied with.
B.
The fee for a certificate of registration issued pursuant to this chapter shall be $25.
§ 85-32.3 Driveways.
[Added 12-16-2003 by Ord. No. 882]
In all residential zones, all driveways accessory to residential dwellings shall comply with the following requirements:
A.
Driveways shall be permanent in nature and constructed of crushed stone, asphalt, concrete or similar material.
B.
The width of the driveway shall be at least eight feet, and shall not exceed 20 feet within 16 feet of the curb line, including any adjacent parking areas or turning areas. The driveway may be widened to no more than 35 feet thereafter. Notwithstanding the foregoing, the width of circular or curved driveways shall not exceed 12 feet. The driveway shall be measured perpendicular to the normal direction of travel. If a residence has a three-car garage, a driveway width of not more than 32 feet shall be permitted from the entrance of the garage to 20 feet past the garage entrance, then transition to 25 feet wide (or 20 feet wide within 16 feet of the curb line) over the next five feet of length.
[Amended 3-26-2019 by Ord. No. 2019-22]
C.
The width of curb cuts for driveways shall not exceed 20 feet.
D.
No more than two driveways shall be permitted on any property developed, or intended to be developed, as a residential dwelling. A circular or curved driveway is permitted if connected to the one permitted driveway.
E.
If a driveway or driveways require(s) more than one curb cut, the distance between such cuts shall be at least 50 feet.
F.
No driveway may be located between a dwelling unit and any street upon which the subject property has frontage, except in the following situations:
G.
No driveway shall be closer to any side property line than 10 feet in the R-1 and R-2 Zones. In the R-3, R-4 and R-5 Zones, no driveway shall be closer than five feet to any side property line.
H.
If curbs are installed along any driveway, a stormwater management collection system must be constructed in accordance with Chapter 66, Stormwater Management, and shall be approved by the Borough Engineer.
I.
When driveways are repaired, rebuilt, renovated or constructed and where they intersect with the street, the curb cut shall match the existing street curbing in order to support the integrity of the existing street and shall be approved by the Borough Engineer.
J.
No driveway shall provide for access to or from a public street through the rear yard of any property.
[Added 12-18-2012 by Ord. No. 1012]
K.
A parking space or parking area which is separate from the driveway shall not be permitted in front, side or rear yard required setbacks.
[Added 3-26-2019 by Ord. No. 2019-22]