Oradell City Zoning Code
ARTICLE VII
General Requirements and Special Regulations
§ 240-7.1 Lot coverage.
The maximum percentage of lot coverage by buildings or structures in required areas of front, rear and side yards and setbacks shall be as provided in Article VII for zones in which the lot is located.
§ 240-7.2 Yards.
The area required in a yard or setback shall be open and unobstructed, except for the following:
A.
Driveways.
B.
Ordinary projections of windowsills and belt courses not to extend more than four inches.
C.
Cornices and other ornamental fixtures not to extend more than 12 inches. Roof overhangs which shall not extend more than 24 inches.
D.
Ground-mounted air conditioners, provided that they are not installed in the front yard and provided further that they do not extend more than four feet into any side or rear yard and no closer than seven feet to the property line. Any existing unit located in the front yard may be replaced at its current location, provided that the ground-mounted unit is screened by mature shrubbery. Rooftop air-conditioning/mechanical units shall be screened from view.
E.
Generators (backup or standby) shall be located in the rear or side yard of the main building or structure only, provided that they do not extend more than five feet from the building or structure and a minimum of 10 feet from any property line. The maximum decibel level shall be 72 decibels at normal load, and test cycle shall only be conducted Monday through Friday between 9:00 a.m. and 6:00 p.m.
F.
Accessory structures and uses meeting the requirements of this chapter.
G.
Fences meeting the requirements of this chapter.
H.
Swimming pools and ponds meeting the requirements of this chapter.
I.
Front steps which do not extend farther than four feet, and walkways.
§ 240-7.3 Area requirements.
A.
The yard lot coverage and lot area regulations required by this chapter shall be considered minimum regulations for each and every building or structure existing at the time of the effective date of this chapter and for any building or structure hereafter erected.
B.
Adoption of this chapter shall have no effect upon lots which were illegally or improperly subdivided without proper approval of the Zoning Board of Adjustment or the Planning Board of the Borough of Oradell. No owner of a lot or lots improperly subdivided shall obtain greater rights by reason of the passage of this chapter than that which that party already had prior to the adoption of this chapter.
§ 240-7.4 Uniformity of dwelling exteriors prohibited.
A.
No building permit shall hereafter be issued for any dwelling to be erected in a housing development consisting of two or more houses if the dwelling to be erected is substantially alike or uniform in exterior design and appearance with any existing dwelling situated on the same or opposite sides of the street within 300 feet of the dwelling then in existence or for which a building permit has been issued or is pending. The distance herein specified shall be construed to mean the distance between the street property lines of the respective properties.
B.
Dwellings within such specified distances from each other shall be considered alike or uniform in exterior design and appearance if they have the following characteristics:
(1)
The same basic dimensions are used without substantial change in orientation of the houses on the lots.
(2)
The height and design of the roofs are without substantial change in design and appearance.
(3)
The size, type and location of windows and doors in the front elevation are without substantial differentiation.
§ 240-7.5 Determination of percentage of lot coverage.
All accessory buildings shall be added to the principal buildings in determining the percentage of coverage of the lands.
§ 240-7.6 Accessory structures, etc.
A.
Accessory structures shall be limited as follows:
(1)
The total of all accessory structures for one- and two-family dwellings shall not exceed a total of 600 square feet.
(2)
A detached garage shall be limited to a maximum of 600 square feet with a maximum height of 15 feet.
(3)
Any additional accessory structure shall be limited to a maximum of 125 square feet with a maximum height of nine feet.
(4)
If there is more than one accessory structure on the property, there shall be a minimum separation of 10 feet between accessory structures.
(5)
The lot shall be limited to a maximum of two accessory structures where only one of them may be a shed or a garage.
(6)
Any detached subordinate structure(s) less than four feet in height and a total of 10 square feet shall not be considered an accessory structure.
(7)
There shall be a limit of three parking bay garages (combination of detached and attached) on any one residential property.
(8)
All accessory structures shall require a zoning permit.
(9)
Any accessory structure 100 square feet or more shall require a building permit.
B.
Location of accessory buildings as follows:
(1)
All accessory buildings shall be located in the rear yard as follows:
(2)
An accessory building in all zones shall be at least 10 feet (measured on a straight line) from any building situated on the same lot.
(3)
At least two feet from all lot lines.
(4)
In the case of any interior lot fronting upon two or more streets, no accessory building shall be erected or altered so as to encroach either 25 feet or the minimum setback for the zone, whichever is greater, upon that part of the lot depth nearest each street.
(5)
To determine the location of an accessory building in the case of a corner lot fronting upon two or more streets, divide the lot into four equal quarters. No accessory building shall be erected in any quarter which adjoins a street.
(6)
Garages shall be at least five feet from all lot lines.
C.
Notwithstanding any other provisions of this chapter, no building permit shall be granted for the construction of an accessory building until such time as a building permit shall have been granted for the construction of the main building upon said premises. If construction of the main building does not precede or take place concurrently with construction of the accessory building, the Construction Official shall have cause to revoke the building permit for the accessory building. No certificate of occupancy shall be granted for the accessory building until a certificate of occupancy has been granted for the main building.
§ 240-7.7 Nonconforming uses.
A.
Continuance of nonconforming use.
(1)
Any nonconforming use or structure lawfully existing on the effective date of this chapter may be continued upon the premises or the building so occupied or used.
(2)
Any lawful or nonconforming use subject to a condition or conditions of limitation as to terms or duration may continue subject to such condition or conditions or the end of the term or duration to which said nonconforming use was subject.
B.
Restoration or repair on partial destruction.
(1)
Any nonconforming commercial and/or multifamily residential use or structure existing as of the effective date of this chapter may be restored or repaired in the event of partial destruction thereof, provided that the estimated cost of repair or restoration does not exceed 1/2 the actual value of the building, exclusive of foundations, immediately prior to the destruction or damage.
(2)
Any nonconforming single-family residential use or structure existing as of the effective date of this chapter may be restored or repaired to its original predestruction exterior design at its original location in the event of total or partial destruction.
(3)
In the event of partial destruction of a structure involved in a nonconforming use, the owner and/or occupant shall, within 90 days after such event, give notice, in writing, to the Construction Official of the Borough of Oradell, of his intention to restore or repair the premises and, within 90 days after the date of said notice, commence and diligently proceed to completion of the work.
C.
Extensions, enlargements and discontinuance.
(1)
No existing structure or premises devoted to a nonconforming use as permitted by this chapter shall be enlarged, extended, reconstructed or structurally altered unless such use is changed to a use permitted in the district in which such building or premises is located.
(2)
No nonconforming use or structure which shall have been discontinued or abandoned for a period exceeding 12 months shall be resumed.
(3)
Nothing contained in this chapter shall prohibit the modernization of existing nonconforming structures; provided, however, that such modernization does not entail any extension, enlargement, addition or change of the nonconforming use.
(4)
No nonconforming building or structure shall be enlarged, extended or increased. However, in residential zones, a nonconforming single-family dwelling or a single-family dwelling on a nonconforming lot may be enlarged, extended or increased if:
(a)
Said enlargement, extension or increase by itself conforms with all requirements of this chapter, and the dimensions and setback of said enlargement, extension or increase, when aggregated with the existing building, does not create or increase any dimensional or setback violation of this chapter; and
(b)
The area of said enlargement, extension or increase does not exceed the maximum building or lot coverage standard or floor area ratio permitted in that zone.
§ 240-7.8 Lands abutting Hackensack River.
A.
No buildings or structures shall be erected on any lands abutting the Hackensack River with a setback of less than 75 feet from the high tide mark of the Hackensack River.
B.
The Planning Board shall review all site plans which involve improvement on lands which are within 75 feet of the Hackensack River with respect to finished grades, landscaping and treatment of the riverbank and protection of the Hackensack River where certain projects are to be constructed.
§ 240-7.9 Outdoor display of goods not permitted.
No goods, merchandise or other personal property, whether in storage, in transit or available for sale or displayed for sale in the usual course of trade or business, shall be maintained other than within an enclosed building, except for the following which shall be permitted:
§ 240-7.10 Outdoor lighting.
A.
All lighting shall conform with the Illuminating Engineering Society Handbook, most recent edition, and the American National Practice for Roadway Lighting (RP-8) approved by the American Standards Institute, recent edition.
B.
For specifications on light fixtures, see Oradell Development Standards, Exhibit 98A-2113.
C.
The average maintained illumination and the average level-to-minimum point ratio of illumination shall conform with the following:
Classification | Average Maintained Illumination (footcandles) | Average Level to Minimum Point Ratio (:1) | |
|---|---|---|---|
Interior streets (R) | 0.4 | 8 | |
Access drives (R) | 0.4 | 8 | |
Access drives (C) | 0.6 | 6 | |
Parking areas (R) | 0.4 | 6 | |
Parking areas (I) | 0.6 | 4 | |
Intersections | 1.0 to 2.0 | 4 | |
Sidewalks (R) | 0.2 | 8 | |
Sidewalks (C) | 0.6 | 6 | |
Sidewalks (I) | 0.6 | 6 |
(R) | = | Residential | |
(C) | = | Commercial | |
(I) | = | Industrial |
D.
The luminaire light distribution shall be designated as a "cutoff" type.
E.
Mounting heights shall not exceed 14 feet above grade. Lower heights shall be used for walkways.
F.
The source of light shall be metal halide, or other material approved by the Planning Board.
G.
All luminaires shall be shielded to eliminate glare, especially on any other property and public streets of the site. Lamps shall be recessed in the luminaire.
H.
The maximum illumination at any point on adjacent properties shall not exceed 0.2 footcandle.
I.
In business, office and/or research and industrial areas, circuits shall be arranged so that at least 50% of all lighting (alternate luminaires) shall be turned off after business hours, when only lights necessary for security purposes shall be left on.
J.
The average maintained illumination for security purposes shall be 0.4 footcandle.
K.
Provisions shall be made for "cutoff" illumination of loading docks, entrances and other special areas where greater illumination may be required. Each special area shall be on a separate circuit which shall be turned off when the area is not in use.
L.
All wires and cable shall be underground.
M.
The lighting plan shall be designed by a professional lighting designer, who shall certify that the lighting plan conforms with these standards. A separate detailed lighting plan with luminaire manufacturer details and illumination diagrams and specifications shall be submitted to the Planning Board for review.
N.
The Planning Board may modify the above requirements where there is sufficient evidence that said requirements are inapplicable, unnecessary or unreasonable.
§ 240-7.11 Swimming pools and ponds.
A.
It shall be unlawful for any person to alter, construct or install a swimming pool or pond in the Borough of Oradell without first having complied with the provisions of this chapter or having obtained a permit therefor in the manner hereafter provided.
B.
Applications for such a permit shall be made to the Construction Official and shall be accompanied by duplicate sets of the following:
(1)
Plans and specifications or proper descriptive brochures.
(2)
Plot plans showing property lines of the premises upon which the swimming pool is to be constructed or installed should be prepared and signed by a land surveyor or licensed engineer of the State of New Jersey and should show accurately all existing houses and structures thereon, abutting streets and properties, the location and dimensions of the proposed pool and its auxiliary structures, including a description of the enclosure or fence to be used. In addition, said plot plan must show all existing and proposed elevations and methods of drainage in and around the pool area.
C.
The Construction Official shall file the duplicate set of plans and specifications with the Board of Health for public swimming pools only, prior to the issuance of a permit.
E.
The Construction Official shall issue a permit for the construction and installation of a swimming pool or pond if the same complies with the regulations and standards established by this chapter and the current New Jersey Uniform Construction Code.
F.
The Construction Official shall, within 20 days after receiving an application for a permit, act upon the same as follows. He shall:
G.
No private swimming pools or ponds shall be constructed, installed, located, maintained or operated on any premises unless a residence building is also located thereon, or unless said premises is part of a residence curtilage, and then only in the rear yard of said premises. No private swimming pool shall be constructed, installed, located, maintained or operated within 10 feet of any dwelling nor within 10 feet of the rear property line and 15 feet of any side line.
H.
No swimming pool or pond shall be permitted to drain into a public street. A swimming pool drain shall be connected to the sanitary sewer according to New Jersey regulations. However, any overflow water from rain may be dispersed onto the owner's property.
I.
Whenever any swimming pool or pond, by reason of mechanical defects or failure to comply with the requirements of this chapter, is a hazard to the health of users thereof, the Health Officer may summarily close such pool and keep such pool closed until no further hazard to users of the same exists, subject to the right of appeal to the Board of Health by the owner of such pool, which appeal shall not stay the action of the Health Officer.
J.
Lights used to illuminate any pool or pond shall be so arranged and shaded as to reflect light away from the adjoining premises in accordance with § 240-7.10.
K.
The owner of any swimming pool, portable pool, wading pool or pond within the Borough of Oradell shall allow the Construction Official, Health Officer or other authorized official access to the pool and appurtenances for the purpose of the inspections to ascertain compliance with this chapter at all reasonable times.
L.
The Construction Official shall issue a certificate of approval to the owner of the property after the Uniform Construction Code and any other requirements have been complied with and a certification by the Borough Engineer as to the correctness of the elevations has been received.
M.
It shall be unlawful for any person to cover a swimming pool or pond with what is known as a "bubble-type cover" or to enclose a swimming pool unless the enclosure is of the same architectural design and materials as the residence building on said premises and the plans for said enclosure shall be first approved by the Planning Board of the Borough.
N.
The surface of a swimming pool must be at least four inches above the existing grade and constructed as to prevent return of surface water to the pool.
O.
A pond may not exceed 100 square feet in surface area, except those that are part of a stormwater management plan or provide detention and/or retention for the property.