North Arlington City Zoning Code
ARTICLE VI
General Use Regulations
§ 205-27 Permitted, conditional and accessory uses.
The permitted, conditional and accessory uses are contained in Schedules I-A, I-B and I-C in § 205-40 of this chapter, and these schedules are hereby made a part of this chapter.
§ 205-28 Schedule of Lot, Bulk and Yard Requirements.
The Schedule of Lot, Bulk and Yard Requirements is contained in Schedule II at the end of this chapter and is a part hereof.
§ 205-29 Construal of zoning provisions with respect to permitted uses.
The zoning provisions of this chapter shall be viewed as permissive. No use or structure shall be permitted in the Borough which is not listed as a permitted, accessory or conditional use or unless permitted by the Zoning Board of Adjustment.
§ 205-30 Commercial uses.
Any commercial use, when abutting or adjacent to a residential district, shall be effectively screened in accordance with the provisions of § 205-88.
§ 205-31 Industrial uses.
[Amended 2-9-2006 by Ord. No. 1953]
In addition to meeting all other provisions of this chapter relating to industrial districts, permitted and conditional uses in the I-1 District shall also be subject to the following regulations:
A.
The side or rear yard setback requirements for accessory buildings shall be waived in cases where the side or rear property line abuts a railroad right-of-way or siding.
B.
No building, storage area, parking or loading area or driveway shall be located within 50 feet from the boundary of a residential zone. Ingress to and egress from each lot shall be provided by not more than two driveways, each not less than 25 feet or more than 35 feet in width. No driveways shall be located within 100 feet of the street lot lines of two intersecting streets.
C.
Each use located in these zones shall provide off-street parking and loading facilities on the same lot located other than in the front yard.
§ 205-32 Residential conversions.
[Amended 12-3-2002 by Ord. No. 1858; 8-5-2003 by Ord. No. 1887]
A.
In R-2 and R-3 Districts, conversions of a one-family dwelling to a two-family dwelling are permitted, provided that:
(2)
There shall be provided at least 500 square feet of habitable dwelling space in each dwelling unit.
(3)
All area, lot, yard and setback requirements are in conformance with the district in which located.
(4)
There shall be at least one separate individual entrance for each dwelling unit and at least one bathroom provided in each dwelling unit.
B.
Nondwelling structures. No commercial, industrial or manufacturing structure, originally designed for other than residential use, shall be converted to a dwelling structure unless such structure is in a residential district and further provided that all provisions of Subsection A above are adhered to.
§ 205-33 Cemeteries.
Cemetery uses are permitted in the C-2 District and shall comply with all state and local regulations regarding the same. In addition, the following regulations shall apply:
A.
No interment shall take place closer than 15 feet to any street right-of-way line or 10 feet to any property line. In the event a wider street right-of-way line is designated on the Official Map of the Borough of North Arlington, said requirements shall be deemed to be measured from the proposed realignment or widened alignment as indicated on the Borough Official Map.
B.
All portions of said use shall be effectively screened from adjoining residential uses in accordance with § 205-88.
C.
All structures, including mausoleums, shall not exceed a height of 16 feet, a width of 15 feet and a depth of 10 feet.
§ 205-34 General applicability of regulations.
A.
No building or structure shall be erected and no existing building or structure shall be moved, altered, added to or enlarged, nor shall any land or building be designed, used or intended to be used for any purpose or in any manner other than as specified among the uses listed as permitted, accessory or conditional in the district in which such building or land is located.
B.
No building or structure shall be erected, reconstructed or structurally altered to exceed in height the limit designated in the district in which such building or structure is located.
C.
No building or structure shall be erected, no existing buildings or structures shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity with the yard, lot area and building location regulations hereinafter designated for the district in which such building or open space is located.
D.
The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and, if already less than the minimum required by this chapter, said area or dimension shall not be further reduced.
§ 205-35 Lot regulations.
A.
Every lot shall include front, side and rear yards having the areas and dimensions required within the particular zone in which said lot is located.
B.
No yard or other open space provided for any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or other open space for any other building on any other lot.
C.
No land in a residential zone shall be used to fulfill open space, minimum area, minimum yard and setback requirements, parking or other similar requirements for uses in nonresidential zones.
D.
Through lots. Where a lot which is not a corner lot fronts on more than one street, every yard which abuts a street shall be considered a front yard, and the front yard setback requirements for the zone in which the lot is situated shall be complied with on every street frontage. In the case of a lot running through from one street to another, the frontage of such lot, for the purposes of this chapter, shall be considered that frontage upon which the majority of the buildings in the same block front, but in case there has been no clearly defined frontage established, the owner may, when applying for a building permit, specify on the permit application which lot line shall be considered the front lot line.
§ 205-36 Yard regulations.
A.
Projections and encroachments. Yards and courts required by this chapter shall be free of buildings, structures or parts thereof, and no building or structure shall project into any front, side or rear yard required by this chapter, nor shall use be made of such yard, except as follows:
(1)
An open front porch, including steps extending not more than eight feet from the front line of the building, shall not be construed as part of the building. In no instance shall an open porch be located closer than 10 feet to a front lot line, and in no case shall it extend farther than three feet beyond the majority of houses on the street.
(2)
Window wells affording light and air to basement and cellar areas.
(3)
Chimneys.
(4)
Driveways providing access to permitted garages or parking areas; provided, however, that in residential zones driveways used to provide access to private garages shall not be wider than 20 feet.
(5)
Fences and retaining walls.
(6)
Freestanding flagpoles, television and radio aerial masts, children's playground equipment, outdoor fireplaces and clothes dryers and posts.
(7)
Accessory buildings and uses, including swimming pools, where specifically permitted.
(8)
Cornices, canopies, eaves, bay windows, balconies and chimneys may project into yards a distance not exceeding two inches per one foot of yard width.
(9)
Fire escapes may project into all yards a distance not exceeding four feet six inches.
(10)
Patios, decks and other open-air structures which are not glazed or enclosed in any way for weatherproofing purposes may be located in side and rear yards, provided that they are not closer than five feet to any property line.
(a)
A deck may be considered pervious as long as it is constructed in a manner that permits stormwater to flow through to a material allowing absorption of stormwater into the ground.
[Added 7-22-2010 by Ord. No. 2053]
B.
Front yard exceptions.
(1)
In residence districts, no principal building shall be nearer to the street right-of-way line than as is enumerated in the particular zone district, except that where there is a pronounced uniformity in alignment along the same side of the block of existing buildings and in depth of front yards, the front yard may conform to said majority, but in no instance shall be less than 15 feet.
(2)
Where any lot shall front a street right-of-way which is proposed to be widened, as indicated on the Official Map of the Borough of North Arlington, the front yard shall be measured from such proposed future right-of-way line.
C.
Side yard exceptions.
(1)
Corner lots. The side street setback line of any corner lot shall not be less than 1/2 of the depth of the minimum front yard required on any adjoining lot fronting on a side street, but in any case shall not be less than 10 feet.
(2)
Commercial zone corner lots. Side yard requirements for corner lots shall not apply in the C-1 and C-2 Commercial Districts.
D.
Rear yard exceptions. When, at the time of the adoption of this chapter, there is a lot of less than 100 feet depth, the rear yard may be reduced one foot for every two feet of deficiency from the prescribed depth of the rear yard, provided that no part of any rear yard shall be less than 20 feet in depth.[1]
[1]
Editor's Note: Original § 28-22.4, Maximum building coverage, which immediately followed this section, was repealed 3-5-2001 by Ord. No. 1805.
§ 205-37 Principal buildings.
There shall not be more than one principal dwelling structure and one accessory structure on each zone lot or parcel in any district. Every principal building shall be built upon a lot with the minimum required frontage upon an approved street which shall be improved in accordance with the street standards established by the Borough of North Arlington.
§ 205-38 Accessory buildings and structures.
A.
No accessory building shall be constructed on any lot on which there is not a principal building or structure.
B.
With respect to accessory buildings and uses, the following requirements shall be complied with in all residential zones:
(1)
No accessory building, including detached garages, shall be used for human habitation.
(2)
No accessory building shall have a floor or ground area in excess of 1/3 of the floor or ground area, whichever is smaller, of the principal building on the same lot.
(3)
The total of the floor or ground areas of all accessory buildings, if more than one, shall not exceed 1/3 of the floor or ground area, whichever is smaller, of the principal building on the same lot.
(4)
No accessory building or structure shall exceed 15 feet or 1 1/2 stories in height.
(5)
No accessory building or structure shall be permitted in any front yard.
(6)
Accessory buildings constructed between a principal building and the required front yard setback shall be required to meet the minimum side yard requirement for a principal building.
(7)
Accessory buildings built in a rear yard shall not be closer than three feet from any side or rear property line of the lot containing said accessory building; provided, however, that no accessory building shall be located closer than 10 feet to said line on any lot which has a rear lot line that serves as a side line of an adjoining property.
(8)
No accessory building or structure shall be permitted closer than 10 feet to a principal structure.
(9)
Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of this Subsection B.
(10)
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 buildings.
(11)
No detached garage shall be used for purposes other than vehicle storage unless the minimum required number of off-street parking spaces are provided elsewhere on the property.
C.
The following requirements shall be complied with in all nonresidential zones:
(1)
Except as specifically permitted elsewhere in this chapter, no accessory building or structure shall exceed 15 feet or be more than one story in height.
(2)
No accessory building or structure shall be permitted in any front yard.
(3)
No accessory building shall be closer to the principal building or any abutting rear yard property line than 10 feet.
(4)
Accessory buildings may be built within the side yard if the distance from any such accessory building to the side line of the lot on which it is constructed is equal to or greater than the width of the side yard required from the principal building on said lot.
§ 205-39 Outdoor storage.
A.
Outdoor storage of any kind is prohibited within the front yard, except as noted in Subsection D below.
B.
The outdoor storage of any items, materials and equipment, other than those customarily placed in courtyards and yards incidental to authorized residential use and occupancy, is prohibited in all residential zones.
C.
In all nonresidential zones, the following regulations shall apply:
(1)
Such uses shall not be located within 200 feet from the nearest residential district.
(2)
Flammable and explosive liquid, solids and gases. No highly flammable or explosive liquids, solids or gases shall be stored in bulk above the ground. Tanks or drums of fuel directly connecting with nonpermanent heating devices or appliances located on the same premises as the tanks or drums of fuel are excluded from this provision.
(3)
Screening and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall and screened with landscaping adequate to conceal such facilities and the contents thereof from any adjacent property or public street in conformance with § 205-88.
(4)
Deposit of wastes. No materials or wastes shall be deposited on any premises in such form or manner that they may be transferred off such premises by natural causes or forces.
(5)
Other hazardous materials. All materials or wastes which might cause fumes or dust which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers.
D.
Except as otherwise specifically required by this chapter, the display of new and used motor vehicles as a permitted use shall not be required to be screened by any planting or fence and may be located in the required front yard.
E.
Outdoor storage of garbage trucks in any zone is specifically prohibited.
§ 205-40 Use regulation schedules.
A.
Residential districts.
Schedule I-A Use Regulations Residential Districts | |||
|---|---|---|---|
PPU = Principal permitted use CU = Conditional use AU = Accessory use | |||
Zone Districts | |||
Uses | R-1 | R-2 | R-3 |
Community residences for developmentally disabled | PPU | PPU | PPU |
Community shelters for victims of domestic violence | PPU | PPU | PPU |
Family day-care homes | PPU | PPU | PPU |
Houses of worship and schools | PPU | PPU | PPU |
Detached one-family dwelling | PPU | PPU | PPU |
Two-family dwellings | - | PPU | PPU |
Semidetached one-family dwellings | - | PPU | PPU |
Attached 1-family dwelling | - | PPU | PPU |
Three- and four-family dwellings | - | - | PPU |
Garden apartment dwellings | - | - | PPU |
Home occupations | CU | CU | CU |
Essential services | PPU | PPU | PPU |
Customary accessory uses | AU | AU | AU |
Signs | AU | AU | AU |
Parking facilities to serve a principal permitted use | AU | AU | AU |
B.
Commercial districts.
Schedule I-B Use Regulations Commercial Districts | |||
|---|---|---|---|
[Amended 8-5-2003 by Ord. No. 1886] | |||
PPU = Principal permitted use CU = Conditional use AU = Accessory use | |||
Zone Districts | |||
Uses | C-1 | C-2 | C-3 |
Automatic car wash | - | CU | - |
Banks and financial institutions | PPU | PPU | - |
Cemeteries | - | PPU | |
Child-care centers | PPU | PPU | PPU |
Dwellings | PPU | PPU | - |
Essential services | PPU | PPU | PPU |
Funeral homes | PPU | - | - |
Gasoline service stations | CU | CU | - |
Home occupations | CU | CU | - |
Hotel and motels | - | PPU | - |
Houses of worship and schools | PPU | PPU | - |
Nursing homes | - | PPU | - |
Offices (professional, business and administrative) | PPU | PPU | - |
Parking facilities | PPU | AU | - |
Public and private garages | - | PPU | - |
Research laboratories | - | PPU | - |
Restaurants | PPU | PPU | - |
Retail services | PPU | PPU | - |
Retail trade | PPU | PPU | - |
Theaters and indoor recreation facilities | PPU | PPU | - |
Outdoor recreation facilities | - | CU | - |
Customary accessory uses | AU | AU | AU |
Parking facilities | AU | AU | AU |
Signs | AU | AU | AU |
C.
Industrial districts.
Schedule I-C Use Regulations Industrial Districts | |
|---|---|
PPU = Principal permitted use CU = Conditional use AU = Accessory use | |
Zone Districts | |
Uses | I-1 |
Automobile sales | PPU |
Automotive repairs | PPU |
Banks and financial institutions, including drive-in facilities | PPU |
Business, administrative, executive and professional offices | PPU |
Child-care centers | PPU |
Customary accessory uses | AU |
Essential services | PPU |
Hotels and motels | PPU |
Houses of worship and schools | PPU |
Industrial and manufacturing uses | PPU |
Institutional and public uses | PPU |
Parking | AU |
Signs | AU |
Warehouses | PPU |
§ 205-41 Prohibited uses.
A.
Following the effective date of this chapter, the establishment of any use not expressly permitted by this chapter shall be prohibited.
B.
Notwithstanding the above, the following uses are specifically prohibited in the Borough of North Arlington:
(1)
Fuel storage or distributing plants.
(2)
Drive-through restaurants.
(3)
Junkyards and open lots containing derelict, inoperable, wrecked or damaged motor vehicles or equipment, including those partly dismantled or disassembled or those awaiting or requiring extensive repairs.
(4)
Stockyards, abattoirs, slaughterhouses or other animal processing operations.
(5)
Manufacture or storage of gasoline, naphtha, benzene, toluene, propane and other highly flammable or explosive gases or liquids, corrosive acids, caustics or chemicals or any highly toxic substances as a principal use and except as otherwise expressly permitted in and by this chapter.
(6)
Sexually oriented businesses.
[Added 11-16-1998 by Ord. No. 1742]
(a)
Purpose. It is recognized and documented by numerous expert studies and reports throughout the country that sexually oriented businesses, because of their very nature, have serious objectionable operational characteristics that result in a deleterious effect upon adjacent areas. Special regulation of these uses is necessary to ensure that these adverse effects will not contribute to the blighting or downgrading of the surrounding neighborhoods.
(b)
No sexually oriented uses are permitted with the boundaries of the Borough of North Arlington.