No building shall hereinafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used for any purpose other than those included among the uses listed as permitted in each district by this chapter and meeting the requirements set forth in the appended schedule.[1]

In no case shall any lot be permitted to have more than one primary use and one accessory use.

No open space contiguous to any building shall be encroached upon or reduced in any manner, except in conformity with the area and bulk requirements, off-street parking requirements and all other regulations designated in the schedule of this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building shall be deemed to be in violation of this chapter, and any certificate of occupancy issued shall be void.

Undersized lots of record. Any lot, as defined herein, which was legally created as of October 14, 1971, that fails to comply with the minimum lot size requirements of this chapter may be used for any use not otherwise prohibited in said district in which it lies, provided that the owner thereof owns no side-adjoining land which, if combined with the subject lot, would result in a lot conforming to width, depth, and area requirements, and further provided that the minimum side yard shall not be less than three feet. In addition, on such lots, and notwithstanding maximum building height in feet requirements of the Schedule of Area, Yard and Height Requirements,[1] the maximum building height in stories shall be three, provided that the first story is used for garage, half bathroom, laundry, utility, and/or recreation space only, and is not used as a separate living unit. Furthermore, on such lots, and notwithstanding accessibility and maneuverability requirements of § 650-32H as well as off-street parking space requirements of § 650-33, one of the spaces may be located in the front yard.

Height. The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas and domes not used for human habitation, nor to chimneys, ventilators, skylights, water tanks and necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter are not intended to prohibit the erection above the building height limit of a parapet wall or cornice for ornament (and without windows) extending above such height limit not more than five feet.

Yards. Open fire escapes may project not more than five feet into any side or rear yard in a residential zone. A paved terrace at ground level shall not be considered in the determination of side or rear yard sizes or lot coverage if such terrace is unroofed and without walls or other form of enclosure. No paved terrace shall be permitted closer than five feet to any side or rear property line.

Irregularly shaped lots. In the case of irregularly shaped lots, the minimum lot width specified in the schedule may be measured at the rear line of the required front yard, provided that in no case shall the lot frontage measured at the street right-of-way line be less than 70% of the minimum lot frontage as specified in the schedule.[2]

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.

An accessory building attached to a principal building shall comply in all respects with the yard requirements of this chapter for the principal building. Detached accessory buildings shall be located to the rear of the front building line of the principal building and, if located in the side yard area, shall conform to side yard requirements of the schedule. In rear yards, common accessory buildings may be constructed to straddle the side lot between any two contiguous residential lots, in which case the remaining side yard dimension shall not be less than the total required for both accessory building side yards in that zone.

Every principal building shall be built upon a lot with frontage upon an approved public street.

At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above the curb level, nor any obstruction to vision, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each street line 10 feet distant from said intersection.

All yards facing on a public street shall be considered front yards. Corner lots shall meet the minimum front yard requirements for the respective zone for both streets for both principal and accessory buildings.

Where a building lot fronts on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

No front yard shall be used for open storage or parking. All open storage areas shall be screened from view of residential districts by appropriate landscaping, which shall be maintained.

Business structures or uses shall not display goods for sale or place coin-operated vending machines of any type on the sidewalk or in the entranceway in the front of the structure in which business activity is conducted.

Off-street parking shall be provided with all new construction in accordance with Article VIII of this chapter. In the event of enlargement or extensive alteration of any building, off-street parking shall be provided in accordance with Article VIII to the extent possible.

Essential services and utilities shall be permitted as authorized and regulated by law and other ordinances of the Township in any district. It is the intent of this chapter to exempt such erection, construction, alterations and maintenance from the application of this chapter.

Whenever any street, alley or other public way is vacated by the Municipal Council, the zone district shall be extended automatically to the center of such vacated way.

For the purpose of regulating the locations of accessory buildings on corner lots, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located. No accessory building shall be permitted in any required front yard.

No residential lot shall be less than 75 feet in depth.

Any use not specifically permitted in a zoning district established by this chapter is hereby specifically prohibited in that district. The following uses and activities shall be specifically prohibited in the Township of Irvington:

All exterior lighting shall be shielded, directed or buffered so that glare or direct lighting or reflection will not be a nuisance to surrounding properties.

No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces, nor shall any substance be deposited which can contaminate an underground aquifer or otherwise render such underground aquifer undesirable as a source of water supply or recreation or which will destroy aquatic life. 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 indoors or enclosed in appropriate containers adequate to eliminate such hazards. Containers shall not be stored or placed in any front yard.

The storage or manufacture of liquefied petroleum gases, hydrogen gas or other material, whether in liquid or gaseous phase, which is flammable or explosive when mixed with air in sufficient proportions or which may be toxic or poisonous if inhaled by any person is prohibited in all zoning districts; provided, however, that nothing in this subsection shall be deemed to prohibit the use as fuel for domestic purposes of liquefied petroleum gases when stored in cylinders constructed in accordance with regulations of the Interstate Commerce Commission and located on the exterior of the building supplied; and provided, further, that the systems in connection with said cylinders are listed by the Underwriters Laboratories. The existing storage and use of anhydrous ammonia as of the effective date of this chapter may continue.

Upon the effective date of this subsection, new miscellaneous business licenses and tobacco licenses within the boundaries of the Township of Irvington are hereby limited within a one-thousand-five-hundred-foot radius of any existing miscellaneous businesses and/or tobacco shop.

There shall be included in any new multifamily housing development that requires subdivision or site plan approval an indoor or outdoor recycling area for the collection and storage of residentially generated recyclable materials. The dimensions of the recycling area shall be sufficient to accommodate recycling bins or containers which are of adequate size and number and which are consistent with anticipated usage and with current methods of collection in the area in which the project is located. The dimensions of the recycling area and the bins or containers shall be determined in consultation with the Municipal Recycling Coordinator and shall be consistent with the District Recycling Plan adopted pursuant to Section 3 of P.L. 1987, c. 102 (N.J.S.A. 13:1E-99.13), and any applicable requirements of the Municipal Master Plan adopted pursuant to Section 26 of P.L. 1987, c. 102.[2]

The recycling area shall be conveniently located for the residential disposition of source-separated recyclable materials, preferably near, but clearly separated from a refuse dumpster.

The recycling area shall be well lit and shall be safely and easily accessible by recycling personnel and vehicles. Collection vehicles shall be able to access the recycling area without interference from parked cars or other obstacles. Reasonable measures shall be taken to protect the recycling area, and the bins or containers placed therein, against theft of recyclable materials, bins or containers.

The recycling area or the bins or containers placed therein shall be designed so as to provide protection against adverse environmental conditions which might render the collected materials unmarketable. Any bins or containers which are used for collection of recyclable paper or cardboard and which are located in an outdoor recycling area shall be equipped with a lid or otherwise covered so as to keep the paper or cardboard dry.

Signs clearly identifying the recycling area and the materials accepted therein shall be posted adjacent to all points of access to the recycling area. Individual bins or containers shall be equipped with signs indicating the materials to be placed therein.

Landscaping and/or fencing shall be provided around any outdoor recycling area and shall be developed in an aesthetically pleasing manner.