Nutley City Zoning Code
ARTICLE VIII
Bulk, Height and Other Requirements
§ 700-46 Schedule of Regulations as to Bulk, Height and Other Requirements.
A.
The schedule entitled "Schedule of Regulations as to Bulk, Height and Other Requirements," hereto attached and made a part of this article, is hereby adopted and declared to be a part of this chapter and may be amended in the same manner as any other part of this chapter.[1]
[1]
Editor's Note: The Schedule of Regulations as to Bulk, Height and Other Requirements is included as an attachment to this chapter.
B.
The regulations listed in said schedule for each district are hereby adopted and prescribed for such district and, unless otherwise indicated, shall be deemed to be minimum requirements in every instance of their application, except as modified by the following special provisions:
(1)
The required schedule regulations per Article VIII for the construction, alteration or addition of a one-family dwelling shall not apply to any lot having less than the required area or width at the time of the adoption of this chapter and held at that time in separate ownership from that of adjoining land, provided that the area and width of such existing lot shall be no less than 80% of the required minimum set forth in the Schedule of Regulations.
(2)
Penthouses, stage towers, scenery lifts, elevators, bulkheads, clock towers, cupolas, water tanks and similar structures and mechanical appurtenances may be erected on a building to a height greater than the limit for the district in which the building is located, provided that no such exception shall cover at any level more than 25% of the area of the roof on which it is located; provided, further, that no such exception shall be used for sleeping or housekeeping purposes or for any commercial purpose other than such as may be incidental to the permitted use of the main building.
(3)
The height limitations of this chapter shall not apply to chimneys, church spires, belfries, standpipes, water towers, flagpoles, monuments or antennas or a satellite dish.
(4)
Extensions of a structure into a required front or rear yard shall be permitted as follows:
(a)
By cornices, canopies and similar extensions which are 10 feet or more above grade: one foot.
(b)
By open, fireproof fire escapes: four feet, in rear yards only.
(c)
By eaves: two feet.
(d)
By any open portico and porch. No variance from front yard setback requirements of Chapter 700, Zoning, shall be required for an open portico added to an existing single-family, two-family and three-family dwelling, which dwelling was constructed prior to August 1, 2023, in an R-1, R-1A, R-1AA, R-2, or R-3 Zoning District, provided that the following conditions are met:
[Amended 8-1-2023 by Ord. No. 3521]
[2]
The portico shall not exceed a width of six feet or a depth of four feet. The height shall be such that the underside of the porch covering is not more than 10 feet above the porch floor.
[3]
The portico shall not encroach more than 10 feet into the minimum required front yard for the zone in which it is located.
[4]
The porch shall not exceed a depth of six feet. The height shall be such that the underside of the porch covering is not more than 10 feet above the porch floor.
[5]
The porch shall not encroach more than six feet into the minimum required front yard for the zone in which it is located.
(5)
Extension of a structure into a required side yard shall be permitted as follows:
(a)
Same as permitted for extensions into required rear yards, except that no uncovered porch or terrace shall project more than three feet into any required side yard.
(6)
In specified areas, the depth of front yards for one-family dwellings to be hereafter erected in an R-1, R-1A or R-1AA District and for one- or two-family dwellings to be hereafter erected in an R-2 District shall be as follows:
(a)
In the area between two intersecting streets or between an intersecting street and the Township limit or between an intersecting street and a zoning district boundary ("intersecting streets," for the purpose of this section, are those which intersect the same side of the street on which the lot which is to be developed fronts), the depth of the front yard of a lot to be developed in the area shall not be less than the average depth of the front yards of other buildings on the same side of the street, in the same zoning district and having frontage upon the same street, provided that 50% of the frontage of the lots in the same area is developed, but not less than the setback required for the district by the Schedule of Regulations.
(b)
Where the distance from the lot to be developed to an intersecting street, Township limit or zoning district boundary exceeds 200 feet, only those lots within 200 feet on each side of the lot to be developed (on the same side of the street, in the same zoning district and having frontage upon the same street) shall be included in determining the average depth of a front yard. Where the distance on one side of said lot to be developed to an intersecting street, Township limit or zoning district boundary does not exceed 200 feet, such distance plus the 200 feet on the other side of said lot shall be included in determining the average depth of a front yard.
(c)
In the above specified areas, the required depth of a front yard shall not exceed 50 feet.
(7)
The required maximum lot coverage regulations for the alteration of or addition to a one-family or two-family dwelling shall not apply to any lot to the extent such lot coverage exceeds 35% prior to July 25, 1987.
(8)
The required minimum side, front and rear yard dimensions for the alteration of or addition to a one-family or two-family dwelling, provided that the same do not increase the existing lot coverage and/or footprint of existing building outline, shall not apply to the extent that said side, front, and rear yard dimensions (meet or exceed the requirements for side, front and rear yards set forth in the Schedule of Regulations, prior to July 25, 1987) shall be no less than 80% of the required minimum set forth in the Schedule of Regulations.
C.
Other miscellaneous residential mechanical equipment. The following regulations shall be specified:
[Added 8-1-2023 by Ord. No. 3521]
(1)
Air conditioners, mini-split systems, heat pumps, radon systems and other fans or portions thereof, including which are mounted in windows or walls of a building or structure and are placed upon the ground or on a ground-based platform outside of a structure or building, may not be located in the front yard. Such structures shall be at least three feet from any property line.
(2)
Generators, oil tanks, and similar structures shall be set back from the side lot and rear lines at a distance equal to or greater than the distance required for principal buildings. Any ground-level generator shall be screened by an attractive and appropriate wall, fence, or planting of appropriate height and density to obscure the generator from the view of adjacent properties, which screening shall be subject to the approval of the Zoning Officer. Generators shall not be located in the front or front side yard on corner properties.
(3)
Other uses and structures. The Zoning Officer shall determine the applicability of this chapter to miscellaneous mechanical equipment, which is not specifically regulated herein.
(4)
When it is determined that there is no feasible location to place mechanical equipment in the rear or side yard, the Zoning Officer may approve mechanical equipment in the front yard when screened.
§ 700-47 Buffers.
§ 700-48 Landscaping of front yard for residence lots.
Any lot containing a residence for one or two families shall have at least 60% of the required front yard in landscaping. This area shall not be covered with paving, walkways or any other impervious surface. Landscaping may consist of grass, ground cover, shrubs and other plant material.