Nutley City Zoning Code
ARTICLE XI
Accessory Buildings, Uses and Fences
§ 700-67 Accessory buildings and uses.
A.
Detached accessory buildings and accessory uses may occupy in the aggregate an area not to exceed 30% of the area of any rear yard. The height of a detached accessory building shall be one story not to exceed 14 feet.
B.
No detached accessory building or accessory use shall be located:
(1)
Nearer than three feet or 1/2 the height of such building up to a distance of six feet, whichever is greater, to a side or rear lot line.
(2)
Within 50 feet of the front lot line of the lot.
(3)
Within six feet of a rear lot line that abuts a side lot line of a contiguous lot.
(4)
Nearer to the side street line of a corner lot than the main building on the lot or, if an abutting lot to the rear faces said street line, then a distance equal to the depth of the front yard required on said lot to the rear, except in no case shall a garage on the corner lot and facing the side street be required to be set back more than 25 feet.
C.
No detached accessory building shall be located nearer than 10 feet to a main building.
D.
An attached accessory structure or accessory use shall be considered to be a part of the main building.
E.
Decks and patios. Decks and patios are permitted accessory structures in residential zones, contingent on the following:
[Added 8-1-2023 by Ord. No. 3521]
(1)
Decks or patios are not permitted within any drainage, sewer, or other easements.
(2)
Decks attached to a house shall be included within the coverage calculation, which shall not exceed the building coverage for the zone. Patios or terraces shall not be included in the coverage calculation.
(3)
Decks and patios must meet the following minimum setback requirements of Table 1.
Table 1 - Deck and Patio Setbacks | ||
|---|---|---|
Setback Requirements | Decks and Patios <30 Inches in Height | Decks and Patios >30 Inches in Height |
Front yard (feet) | Not permitted | Not permitted |
Side yard (other) (feet) | Principal building setback | Principal building setback |
Side yard (feet) | 3 feet | Principal building setback |
Rear yard (feet) | 15 feet | 24 feet |
(4)
Privacy screens of up to six feet shall be permitted to be attached to the deck, so long as the total height (deck height and screen height) does not exceed six feet in height.
(5)
Decks with privacy screens that exceed the maximum height of six feet in height are required to meet the minimum zoning setbacks that apply for that property.
(6)
Patios with a roof cover, screen room or sunroom are required to meet the minimum zoning setbacks that apply for that property.
§ 700-68 Satellite dish antennas in rear yard.
A.
Satellite dish antennas located in the rear yard only are permitted accessory uses, subject to standards of § 700-45C.
B.
Transmitting dish in a residential zone or a residential use in a mixed use zone is not a permitted use, except for amateur radio operators licensed by the Federal Communications Commission at the licensee's authorized station location. The Planning Board is hereby authorized to grant a conditional use permit for such antennas subject to reasonable requirements, consistent with orders and opinions of the Federal Communications Commission concerning public health and aesthetics.
C.
All applications for satellite dishes shall be accompanied by a certified survey map showing location, setbacks, height, size, type of construction and direction of orientation of the dish.
§ 700-69 Small satellite dish antennas.
A small satellite dish, as defined in § 700-3, is permitted as an accessory structure attached to a principal building, subject to the following:
A.
The small dish shall be mounted on any roof in conformance to FCC regulations or wall surface which does not face a street, except that where, in the opinion of the Zoning Officer, such a placement does not permit reasonable reception, the small dish may be mounted on a roof surface which faces a street. No satellite dish (larger than one meter) as defined in this chapter shall be permitted on a residential lot for a satellite earth station antenna.
§ 700-70 Medium satellite dish antennas.
A medium satellite dish, as defined in § 700-3, is permitted in a nonresidential zone as an accessory structure attached to and used only by that principal building, but nonresidential use, and subject to the following:
A.
Installation shall be done by a qualified professional installer.
(1)
The location will be such that RF radiation shall not exceed federal health and safety agencies standards beyond the lot line.
(2)
The transmitting stations shall have clear signage marked with a warning of RF danger and indicate the danger area.
(3)
A copy of the specifications of unit, plus direction and distance that RF radiation will emanate from the unit shall be filed with the Code Enforcement Department.
(4)
A letter certifying the measured RF radiation at the lot line directly in front of the sending unit will be supplied to the Code Enforcement Office prior to issuance of a certificate of occupancy.
§ 700-71 Fences and retaining walls.
The yard requirements in this chapter shall not apply to fences and retaining walls. The height and other requirements pertaining to fences and retaining walls shall be as herein set forth.
A.
No fences of any type shall be permitted in any front yard.
B.
A fence erected along the side lines from the front line of a main structure to the rear line of such structure and within such lines shall not exceed four feet in height and shall be not less than two feet in height and shall be of 50% open construction (i.e., the open spaces in the fence shall be at least the same width of each picket, slat or other construction element of such fence). The setback for any such fence shall be in line with the furthest setback of the adjacent property or the property upon which the fence is being erected, whichever setback is greater.
C.
A fence erected along the sidelines from the rear line of a main structure, but excluding an attached accessory deck or similar structure, to the rear property line and along said rear property line and within such lines shall not exceed six feet in height and not be of solid construction. A stockade fence is hereby deemed to be of solid construction.
[Amended 8-1-2023 by Ord. No. 3521]
D.
A fence erected on any corner lot shall conform to the fence requirements for the adjoining properties.
E.
If, by the application of the provisions of this chapter, because of the location or position of any interior lots, the owners of lands along a common boundary line are restricted to the erection of fences of one or the other of two maximum heights, then, in such case, notwithstanding such provisions, all owners along said common boundary line shall be permitted to erect a fence of the greater maximum height, provided the fence so erected is the kind or type required by the provisions of this article.
F.
No permit shall be issued for the construction of any fence, the apparent purpose of which is to obstruct light and air in relation to adjoining property for any fence which shall constitute a hazard, including but not limited to spike, barbed-wire, electrical fences and "spite" type fences. A spite-type fence is any fence that creates a detrimental impact on adjacent surrounding property owners, such as increased restricted use of a vehicle, creates a safety risk or potential motor vehicle damage.
G.
The finished side of the fence, as determined by the Construction Official, shall face toward the direction of the adjoining properties.
H.
Notwithstanding the foregoing, a stockade fence with no open construction may be erected in accordance with the location and height limitations contained in Subsection C hereof if the written consent of the adjoining property owner or owners is filed with the Construction Official.
I.
Notwithstanding the foregoing, fences in all zones other than residential zones shall not exceed eight feet in height, and front yard fences shall also be permitted in such nonresidential zones, not including residential uses, subject to all other provisions of this chapter not inconsistent herewith.
J.
All fences and retaining walls erected in a residential zone shall be located a minimum of four inches in from the property lines for fences that require a foundation. At no time can a fence either above or below ground encroach on the adjacent property.
[Amended 8-1-2023 by Ord. No. 3521]
K.
Temporary fences such as snow fences, silt fences, garden fences and construction fences do not need permits.
§ 700-72 Fees.
Fees shall be as per construction permit fee schedule.
§ 700-73 Effect of provisions.
The provisions of this article shall be superseded or supplemented by more stringent requirements relative to swimming pools and screening as specified elsewhere in this chapter and Chapter 600, Site Plan Review.
§ 700-74 Appeals; fee.
Application for appeal from the decision of the Construction Official shall be made to the Zoning Board of Adjustment in accordance with the provisions of § 85-17 of the Code of the Township of Nutley, except that notice of appeal shall be filed, in writing, within 20 days of receipt of the decision of the Construction Official, and the fee for such appeal shall be $75. The Zoning Board of Adjustment is hereby granted power and authority to hear and decide appeals for relief from the application of this chapter under standards and procedures contained in Chapter 700 or Chapter 85 of the Code of the Township of Nutley.
§ 700-75 Corner sight clearance.
On every corner lot within the triangle formed by the street lines on such lot and a line drawn between points on such lines at the distance from their intersection specified below, there shall be no fence or wall higher than 2 1/2 feet nor any other obstruction to vision other than a post, column or tree not exceeding in cross section one square foot or one foot in diameter between a height of three feet and a height of 10 feet above the established grade of either street.