Old Tappan City Zoning Code
ARTICLE XI
Supplementary Regulations
§ 255-41 Exception, additions and modifications.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 255-42 Garages; overnight parking of commercial vehicles.
[Amended 8-20-2001 by Ord. No. 754-01; 1-21-2014 by Ord. No. 1064-13]
A.
In a private garage accessory to a dwelling in any district, the number of car spaces which may be provided shall not exceed three, except that for each one-half acre the lot exceeds one acre, space for one additional motor vehicle may be provided, to a maximum of five car spaces in a private garage or garages.
B.
In all residential districts, where there is more than one garage space, no more than half such space may be rented to other than occupants of the premises.
C.
In a residential zone, no more than one commercial vehicle and one trailer used for commercial purposes, as defined herein, shall be stored or parked overnight in a space that is not enclosed or uncovered; provided, however, that said commercial vehicle shall only be parked or stored on a driveway located on property principally owned or leased by the owner, lessee, or principal user of the vehicle.
D.
For purposes of the foregoing provision, the term "commercial vehicle" shall be deemed to mean a motor-driven vehicle used for commercial purposes on the highways, having a gross vehicle weight of 10,000 pounds or less, which vehicle is used by the owner or lessee of the property for the transportation of people, goods, wares, merchandise, tools and/or equipment, and which is the principal vehicle used by said owner or lessee of the property in connection with said property owner's or lessee's business. "Trailer" shall be deemed to mean an enclosed trailer not to exceed eight feet by 16 feet in size.
E.
No truck or commercial vehicle shall be parked within the required front yard setback. No commercial vehicle shall be parked in such a manner as to be used as a billboard or other sign.
§ 255-43 Entrances for multiple garages.
No public or private garage for more than five motor vehicles shall have an entrance or exit for motor vehicles within 50 feet of a residential district, except as may be permitted under § 255-42.
§ 255-44 Visibility at intersections.
[Amended 2-19-2002 by Ord. No. 773-02]
On a corner lot in any district no fence, wall, hedge or other structure or planting more than 2 1/2 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining the street lines at points which are 30 feet distant from the point of intersection, measured along the street lines. Where, due to topographic or other conditions, the application of the rules stated above does not produce a clear visibility above 4 1/2 feet at the center lines of the streets adjacent to the above-mentioned triangular area, plans for development of such triangular area shall be subject to approval by the Planning Board.
§ 255-45 Lots in two districts.
Where a district boundary line divides a lot in single or joint ownership of record at the time such line is adopted, the regulations for the less restricted portion of such lot shall extend not more than 20 feet into the more restricted portion, provided that the lot has frontage on a street in the less restricted district.
§ 255-46 Side yard and rear yard transition.
Where a lot in a business or industrial district abuts a lot in residence districts, there shall be provided along such abutting lines a yard equal in width or depth to that required in the residence district, or as may be required for the district in which the lot is located, whichever is greater.
§ 255-47 Buffer strip.
Where a lot in Business District B-1 or B-2 abuts a lot in a residence district a buffer strip of not less than 20 feet wide shall be required between the lots on the business district side. Along the residence district side of the buffer strip, there shall be a cyclone fence, or its equivalent, not less than four feet in height, or such height as will match any existing fencing. The fence shall be installed in accordance with the recommendations of the Borough Engineer.
§ 255-48 Off-street parking.
In conjunction with any principal building hereafter erected or any use of land hereafter established, there shall be provided on the same lot therewith, sufficient parking spaces to meet the minimum requirements specified herein, as follows:
A.
One-family dwellings: two spaces for each and every dwelling unit.
B.
Planned residential developments in RA Zones.
(1)
Townhouses, duplexes, etc.: 2.4 spaces for each and every dwelling unit of which a minimum of one space per dwelling unit shall be provided in an enclosed garage plus 0.4 of one space per dwelling unit shall be provided for common area parking.
(2)
One-family dwellings: two spaces per dwelling unit.
(3)
Low- and moderate-income housing: 1 1/2 spaces per dwelling unit of which a minimum of 3/4 of one space per dwelling unit on average shall be provided in an enclosed garage. Additionally, guest parking as provided in Subsection B(1) above may be required by the Planning Board in addition to these standards in conjunction with site plan approval.
C.
Low- and moderate-income housing in the RB 130 Zone.
(1)
One-family dwellings: two spaces per dwelling unit.
(2)
Low- and moderate-income senior citizen housing: 1 1/2 spaces per dwelling unit. One parking space shall be provided for each one-bedroom senior citizen housing unit, which parking space shall be provided adjacent to the entrance of the housing unit. Two parking spaces shall be provided for each two-bedroom senior citizen housing unit, which parking spaces shall be provided adjacent to the entrance of the housing unit. Additionally, 0.5 parking spaces per dwelling unit shall be provided as guest parking, which shall be located in off-street parking spaces generally scattered throughout the site.
D.
Customary home occupation: one space per dwelling unit, plus three spaces for each 200 square feet of floor area so used, or any fraction thereof.
E.
Meeting rooms and schools. Meeting room, club, lodge, community center and school: one space for each five seats based on seating capacity. Any place not having seating capacity for patrons or assemblage shall allow one space for each five persons based on capacity attendance.
F.
Places of amusement and sanctuaries. Theater, auditorium, stadium and sanctuaries in a place of worship: one space for each three seats based on fixed or permanent seating capacity. Any place not having fixed or permanent seating capacity for patrons or assemblage shall allow for one space for each three persons based on capacity attendance.
G.
Businesses and offices. Business, commercial, personal service establishment, retail stores and offices: one space for each 200 square feet of ground floor building area multiplied by the number of stories.
H.
Mixed uses. Where there is a mixed use of the lot (for example, a building used for an auditorium and offices), then the minimum requirements for each use shall be added together and the total number of required parking spaces for all uses shall be provided. Necessarily, a variance may be obtained from the requirements of this subsection should an applicant for site plan or subdivision approval establish, through competent testimony, that the building cannot be used for all the contemplated uses of the building at the same time.
§ 255-49 Yards.
A.
Terraces. A paved terrace shall not be considered in the determination of yard sizes or lot coverage, provided that the terrace is unroofed and without walls, parapets or other form of enclosure. The terrace, however, may have an open guardrailing not over three feet high, and shall not project into any yard to a point closer than four feet from any lot line.
B.
Porches. Any porches roofed over shall be considered a part of the building in the determination of the size of yard or lot coverage.
C.
Projecting architectural features. The space in any required yard shall be open and unobstructed, except for the ordinary projections of window sills, belt courses, cornices, eaves and other architectural features, provided that such features shall not project more than two feet into any required yard.
D.
Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two feet, provided that the sum of such projections on any wall does not exceed 1/3 the length of the wall.
E.
Fire escapes. Open fire escapes may extend into any required yard not more than four feet, six inches.
§ 255-50 Storage, overnight parking in residential zones.
A.
No tractor used for towing a trailer, construction equipment, including, but not limited to, bulldozers, backhoes, flatbed trucks or trailers for hauling same, trailers normally pulled or towed singly or in tandem by a motor tractor of the type normally used for towing trailers or vehicles having a gross vehicle weight in excess of 10,000 pounds, whether or not in a space enclosed or covered, shall be stored or parked overnight in any residential district; provided, however, this section shall not apply when such equipment is in current use on the lot or premises on which it is stored or parked in actual performance of work authorized by a valid current building permit or permits.
B.
This section shall not apply to recreational vehicles.
C.
Section 255-50 shall be primarily enforced by the Police Department of the Borough.
§ 255-51 Private swimming pools.
Private swimming pools, as defined by the provisions of the Uniform Construction Code of New Jersey, N.J.A.C. 5:23-11 et seq., shall be permitted as an accessory use in a residential district. Such pools and pertinent decks, walkways or other structures shall be located as follows:
A.
Such pools and appurtenances shall be located in back of the rear building line of the existing or proposed dwelling.
B.
On all interior lots, all such pools and appurtenances shall be located a minimum of 10 feet from any rear or side property line in any residential district.
C.
On any corner lot, all such pools and appurtenances shall be located a minimum of 30 feet from the street side property line in an RA 40 District and a minimum of 20 feet from the street side property line on all other residential districts.
§ 255-52 Buffer zone requirements.
A.
All senior citizen housing shall provide and maintain a buffer zone within the RB 130 Zone which shall be no less than 50 feet in width from all external lot lines of the site which abuts more than one single-family residence, except for that portion which fronts upon an existing external street or roadway. A buffer zone of no less than 25 feet in width shall be provided along all external property lines of the site that abuts only one single-family residence. Such buffer zone shall be kept in its natural state where wooded. When natural vegetation is sparse or nonexistent, the landowner shall be required to provide a year round visual screen, as determined by the Planning Board.
B.
No use or structure, including parking or loading areas, shall be permitted within the required buffer area.
C.
The required buffer area may be included in the area for the purpose of computing compliance with the open space requirements of this chapter.
§ 255-53 Recycling provisions.
Any development proposal for the construction of 50 or more units of single-family residential housing, the construction of 25 or more units of multifamily residential housing or the utilization of 1,000 square feet or more of land for any commercial or industrial use shall include as part of its application for a subdivision site plan, conditional use or other developmental application, the following information and documentation:
A.
Adequate facilities shall be provided for the depositing and collection of recyclable materials.
B.
The location of all existing and proposed solid waste collection stations shall be delineated on the subdivision plat or site plan. A plan detail, at a scale of one inch equals 10 feet, shall be incorporated in the submission for each such station or for a typical station. The containers at each station shall be delineated on the detail plan and described in tabular form. A separate container or containers shall be provided for each recyclable material, specified in Chapter 209, Article II, Recycling, of the Code of the Borough of Old Tappan, in addition to the containers for nonrecyclable solid waste.
§ 255-54 Permitted accessory buildings.
A.
Requirement for building permit. No accessory building shall be constructed on any property without the grant of a zoning and building permit, which shall be applied for and obtained in accordance with the provisions of the Borough ordinances.
B.
Limitation on number of accessory buildings. Not more than one accessory building shall be permitted on any lot.
C.
Prohibited use of accessory buildings. No accessory building may at any time be used for human habitation, residence, or the performance of a home occupation. In no case shall a second residential building be permitted as an accessory building in any zone district. In addition, no accessory building may at any time be used for a use not permitted in the zone in which the property on which the accessory building is situated.
D.
Construction prior to principal building. No building permit shall be issued for the construction of an accessory building prior to the issuance of a building permit for construction of the main building upon the same premises. If construction of the main building does not proceed or coincide with construction of the accessory building, the Construction Official shall revoke the building permit for the accessory building until construction of the main building has been completed.
E.
Height and area restriction.
[Amended 3-18-2002 by Ord. No. 783-02; 6-18-2012 by Ord. No. 1048-12]
(1)
An accessory building to be used as a garage shall not exceed 14 feet in height and shall not be greater than 400 square feet in area. Any other accessory building shall not exceed 14 feet in height and shall not exceed 500 enclosed square feet, 750 roofed square feet and 25 feet in length parallel to the side lot line for properties on RA-40 Zoned lots; and 350 enclosed square feet, 500 roofed square feet and 20 feet in length parallel to the side lot line on RA-25 Zoned lots.
(2)
Square footage in an accessory building over 150 square feet shall count as building floor area and shall be counted toward the applicable floor area ratio requirement.
(3)
A second accessory building or structure is permitted, provided the second accessory building or structure and does not exceed 150 square feet in area. The secondary accessory building may only be a shed, as defined in this chapter.
(4)
Any accessory building or structure at least 10 feet in height shall be set back from the property line either 10 feet or the accessory building height, whichever is greater. If located in a rear yard, any accessory building or structure less than 10 feet in height and having an area of less than 150 square feet as a minimum setback of at least four feet from the property line.
F.
Location of accessory buildings. Accessory buildings in residential and nonresidential zones shall conform to the following regulations as to their location upon the lot on which they are to be constructed:
(1)
No accessory building may be located or situated in the front yard of the lot on which it is to be constructed.
(2)
On an interior lot, an accessory building shall be located a minimum of 10 feet from any rear or side property line.
(3)
In no event shall an accessory building be permitted closer to any street than the building line of the principal building on the lot.
G.
Exemption. Agricultural uses are exempt from the provisions of Subsections B, D and E of this § 255-54.
H.
Stationary generators, air-conditioner compressors or units.
[Added 6-18-2012 by Ord. No. 1048-12]
(1)
Exterior stationary generators, air-conditioner compressors or units are permitted as accessory uses, but are required to be located within the side or rear yards.
(2)
The footprint of stationary generators, air-conditioner compressors or units may not exceed 10 square feet, must be located no more than three feet from the residential dwelling and shall be set back a minimum of five feet from any operable window or door. Stationary generators cannot be located within the required front yard setback and must be located a minimum of 10 feet from the property line.
[Amended 1-21-2014 by Ord. No. 1064-13]
(3)
Stationary generators, air-conditioner compressors or units must be maintained in good working order consistent with manufacturer specifications, may only be powered by natural gas, propane or diesel fuel, and shall not exceed a noise level of 85 dba at the source and 50 dba at the property line.
(4)
Stationary generators, air-conditioner compressors or units are required to be screened so as to not be visible to adjoining properties.
(5)
Stationary generators, air-conditioner compressors or units are required to meet all applicable accessory structure setback requirements. Stationary generators, air-conditioner compressors or units are not considered a second accessory structure under this subsection.
(6)
Stationary generators, air-conditioner compressors or units are subject to applicable local and state noise ordinances and regulations.
§ 255-54.1 Temporary storage container and/or dumpsters.
[Added 1-6-2014 by Ord. No. 1065-13]
A.
Definitions. As used in this section, the following terms shall have the meanings indicated:
CONSTRUCTION DUMPSTER
A roll-off waste container transported to and from the place of use by trucks or trailers and positioned at a construction site for the collection and eventual disposal of construction waste.
TEMPORARY STORAGE CONTAINER
A container designed for the outdoor storage of personal property for temporary or permanent use, which is to be delivered and removed by vehicle.
B.
Permit required.
(1)
No temporary storage container or dumpster (said dumpster to mean one not being used in conjunction with an ongoing construction permit issued by the Borough of Old Tappan) shall be allowed on any private property in the Borough of Old Tappan unless a storage container/dumpster permit is issued prior to the placement of such unit for the length of time as provided herein.
(2)
The owner or occupant of the site where the unit is to be placed shall apply for a storage container permit to the Zoning Officer or his designee. The applicant shall pay, upon issuance of the storage container/dumpster permit, a required fee of $25.
(3)
The storage container/dumpster permit shall be valid for 60 days. Upon the request of the owner or occupant of the site to renew the permit, the Zoning Officer or his designee shall inspect the site where the unit is located to determine whether such permit should be extended. Such permit may be extended up to four additional thirty-day periods upon approval of the Zoning Officer or his designee. An additional fee of $15 shall be paid for the extension of such permit for said thirty-day additional period. In no event shall a container or dumpster be placed on any site in the Borough of Old Tappan for more than 180 days without the approval of the Zoning Board of Adjustment, said approval to be in the form of a duly adopted and memorialized resolution authorizing said container/dumpster for a period in excess of the one-hundred-eighty-day aggregate limit set forth herein.
C.
Regulations.
(1)
Location.
(a)
No more than one temporary storage container and/or dumpster shall be permitted on any single tax map lot.
(b)
A temporary storage container and/or dumpster shall not be placed in the public easements or rights-of-way, nor shall it obstruct the sidewalk.
(c)
No temporary storage container and/or dumpster shall be placed within five feet of a neighboring property line.
(d)
A temporary storage container and/or dumpster shall be set back at least 15 feet from the principal building on the lot.
(e)
No temporary storage container and/or dumpster shall occupy an area greater than 5% of the total lot area at which it is located.
(f)
The owner or occupant of the site where the unit is to be placed shall utilize existing buffers when determining the location for a temporary storage container and/or dumpster, to screen the container from adjoining properties.
(g)
A temporary storage container and/or dumpster shall not obstruct circulation for vehicles, particularly emergency vehicles.
(2)
Size. No temporary storage container and/or dumpster shall exceed eight feet in height, eight feet in width and 24 feet in length.
(3)
Use. A temporary storage container and/or dumpster shall be utilized on private property only for the limited purpose of temporarily storing common household items such as furniture, clothing or other household belongings coming from or to a structure on the property that is being renovated or sold.
(a)
The following items are expressly prohibited from being stored or kept within a temporary storage container and/or dumpster: hazardous substances, including chemical, flammable or explosive materials; firearms; ammunition; prescription drugs or narcotics; any material or contraband the possession of which is unlawful; food, other than as packaged for sale in cans, jars or bottles and for use by the occupant of the dwelling upon the lot where the unit is permitted; and solid waste, recyclables, construction or demolition debris, commercial items or property for use other than at the premises where the unit is located.
(b)
In no event shall a temporary storage container and/or dumpster be used for temporary habitation of humans or animals.
(c)
A dumpster shall only be used to contain and remove debris and material generated at the location where the dumpster is located. No garbage or similar putrescible material may be discarded in the dumpster, except in approved containers for such materials.
(4)
Signage. All temporary storage container and/or dumpsters shall comply with the following:
(a)
A temporary storage container and/or dumpster shall have no signage other than the name, address and telephone number of the person or entity engaged in the business of renting or otherwise placing the unit.
(b)
The sign shall be permanently adhered to or painted on a temporary storage container and/or dumpster and the container shall have no more than one sign attached to a side, and no more than two signs total.
(c)
A sign attached to a temporary storage container and/or dumpster shall be no larger than 15% of the area of the side to where it is attached.
(5)
Lighting. There shall be no lighting fixtures attached to a temporary storage container and/or dumpster, nor shall any lighting fixture be solely utilized to light a container.
(6)
Maintenance. A temporary storage container and/or dumpster shall be in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks. When not in use, the container shall be locked at all times. All temporary storage container and/or dumpsters used in the Borough of Old Tappan shall be equipped with floors that prevent the intrusion of rats or other vermin into the unit.
D.
Fines and penalties. Violations of this section, other than for failure to apply for and acquire a valid permit, shall be punishable by a fine of up to $250 per day for the first violation, up to $500 per day for a second violation, and up to $1,000 per day for a third or subsequent violation.
E.
Abatement. Any temporary storage container and/or dumpster not in compliance with this section is hereby declared to be a public nuisance and may be abated by the Borough at the owner's or responsible person's expense. Abatement shall, at the Borough's option, include the removal and/or the emptying of the dumpster.
§ 255-54.2 Electronic vapor inhalation.
[Added 11-19-2018 by Ord. No. 1135-18; amended 5-17-2021 by Ord. No. 1186-21]
A.
Purpose.
(1)
The purpose of this section is to prohibit the establishment, location and operation of any business engaged in the sale, distribution, manufacture and/or testing of electronic vapor devices, electronic vapor inhalation substances, and electronic/vapor substance inhalation shops and lounges in the Borough of Old Tappan, Bergen County, in order to maintain and protect the Borough's safety, security and general welfare.
(2)
These regulations will rely on all definitions in this chapter and the Code of the Borough of Old Tappan.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUSINESS
Any sole proprietorship, joint venture, corporation or other business entity formed for profit-making purposes, including, but not limited to, retail and wholesale establishments where goods and/or services are sold, manufactured, distributed, cultivated or tested.
CREATION OF SMOKE SHOP ESTABLISHMENT
(1)
The opening of any such establishment as new when it did not exist before;
(2)
The conversion of any such establishment as new when it did not exist before;
(3)
The relocation of any such establishment from one location to another.
ELECTRONIC/VAPOR SUBSTANCE INHALATION SHOPS
Those businesses where customers can purchase and/or use electronic/vapor substance inhalation products and/or devices commonly known as "electronic cigarettes," "e-cigarettes," "e-cigars," "e-cigarellos," "e-pipes," "e-hookahs," "electronic nicotine delivery systems" and other similar devices.
SMOKE SHOP
Any store, stand, booth, concession or other place that either devotes a substantial portion of its display area (15% or more space) to hookahs, electronic vapor devices, electronic inhalation substances or drug paraphernalia to purchasers for consumption or use.
TRANSFER OF OWNERSHIP OR CONTROL OF SMOKE SHOP
(1)
The sale, lease or sublease of such establishment;
(2)
The transfer of securities which constitute a controlling interest in such establishment, whether by sale, exchange, or similar means; or
(3)
The establishment of a trust, gift, or other similar legal device which transfers ownership or control of such establishment, except for the transfer by bequest or other operation of law upon death of the person possessing such ownership of controlling interest.
C.
Prohibition. No person or entity shall cause or permit the creation, enlargement or transfer of ownership or control of any smoke shop or electronic/vapor inhalation shop or lounge within 1/4 mile of any residential, educational, religious or recreational use, or zoning district permitting such uses, within the Borough of Old Tappan.
D.
Measure of distance. Distance, without regard to intervening structures, shall be a straight line measured from the closest exterior structural wall of a smoke shop or electronic/vapor substance inhalation shop or lounge to the closest property line of a residential, educational, religious or recreational use, or zoning district permitting such uses, within the Borough of Old Tappan.
E.
Violations and penalties.
(1)
Any person or entity violating any of the provisions of this section shall be subject to a fine of not more than $1,000.
(2)
Each person or entity found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which a violation of any section of this section is committed, continued or permitted by such person. Any use or occupation of any building or structure maintained contrary to the provisions of this section shall constitute a public nuisance.
(3)
Notwithstanding any other penalty for violating any of the provisions of this section, the Borough of Old Tappan may, but shall not be required to, seek to enjoin such violation in a court of competent jurisdiction.
F.
Enforcement. Enforcement of the provisions of this section may be by the Borough Health Officer, members of the Police Department, Borough Building Department, the Borough Code Official and any other person so designated by the Borough of Old Tappan.
