Passaic City Zoning Code
ARTICLE X
Supplementary Regulations
§ 317-46 Garden apartment dwelling groups.
The following standards shall govern the erection, construction or development of garden apartment dwelling groups:
A.
See Article IV, Schedule of Regulations, for standards regarding lot size, yard dimensions, building height, lot coverage, density and open space.
B.
Regulations as to principal buildings:
(1)
Maximum length: 160 feet.
(2)
Minimum distance between buildings:
(a)
Rear-to-rear: 1 1/2 times the average height of the opposite building walls.
(b)
Front-to-rear: 1 1/2 times the average height of the opposite building walls.
(c)
Side-to-side, side-to-front or side-to-rear: equal to the average height of the opposite building walls.
(d)
Front-to-front: 1 1/2 times the average height of the opposite building walls.
[Added 9-17-1987 by Ord. No. 990-87]
(3)
Each principal building shall provide a front and rear service entrance.
D.
The owners of garden apartment dwelling groups shall be responsible for the collection and disposal of garbage in accordance with the City and state health codes.
E.
No front yard area of the lot shall be used for service, such as refuse storage, clothes drying or parking.
F.
All on-site public utilities installed in a garden apartment dwelling group, including but not limited to electrical wires, cable television and telephone wires, sewerage and water lines and gas lines, shall be installed beneath the surface of the ground.
§ 317-47 Townhouse dwelling groups.
The following standards shall govern the erection, construction or development of townhouse dwelling groups:
A.
See Article IV, Schedule of Regulations, for standards regarding lot size, yard dimensions, building height, lot coverage, density and open space.
B.
Regulations as to principal buildings:
(1)
Maximum length of building containing townhouses: 160 feet.
(2)
Minimum distance between buildings:
(a)
Rear-to-rear: 1 1/2 times the average height of the opposite building walls.
(b)
Front-to-rear: 1 1/2 times the average height of the opposite building walls.
(c)
Side-to-side, side-to-front or side-to-rear: equal to the average height of the opposite building walls.
(d)
Front-to-front: 1 1/2 times the average height of the opposite building walls.
[Added 9-17-1987 by Ord. No. 990-87]
(3)
Townhouses in a single building which front in the same direction shall be staggered. The setback variation between any set of two units shall be at least three feet.
C.
The front yard of the lot shall be maintained as open space and shall not be used for service of any kind, such as clothes drying, parking or refuse storage.
D.
The owners of a townhouse dwelling group shall be responsible for the collection and disposal of garbage in accordance with City and state health codes.
E.
All on-site public utilities installed in a townhouse dwelling group, including but not limited to electrical wires, cable television and telephone wires, sewerage and water lines and gas lines, shall be installed beneath the surface of the ground.
F.
Each townhouse shall be equipped with its own water, gas and sewer lines or connections and with its own meters therefor.
G.
The basement of each townhouse shall be used for the location of utilities, storage, recreation room or garage and for no other purpose.
H.
Maximum coverage by principal buildings: 25%. Maximum coverage by accessory buildings, parking areas and drives: 50%.
I.
No townhouse or any part thereof may be used for home profession or professional office space.
J.
No townhouse may be occupied by more than one family.
K.
Each townhouse shall have a front entrance and a rear service entrance.
§ 317-48 Accessory buildings and uses.
Accessory buildings and uses shall be located on the same lot as on the principal use. In addition:
A.
Accessory buildings and uses permitted in the R-1 District.
(1)
Accessory garages for up to three cars, not to exceed one story in height.
(2)
Utility sheds, limited to one story in height and 10 feet in any other dimension.
(3)
Swimming pools, decks and at-grade patios, to meet the setback requirements of § 317-48I(2).
[Amended 6-1-1995 by Ord. No. 1330-95]
B.
Accessory buildings and uses permitted in the R-2 District.
(1)
Same as in the R-1 District and subject to the same requirements.
D.
Accessory buildings and uses permitted in the R-3 District.
(1)
One- and two-family dwellings: same as in the R-1 or R-2 Zones. All other as per § 317-48I(2).
[Amended 6-1-1995 by Ord. No. 1330-95]
E.
Accessory buildings and uses permitted in the O-R District.
(1)
For uses permitted in the R Districts: same as in the R Districts.
(2)
Cafeteria for use of building employees, provided that no outdoor signs or displays related thereto are included.
(3)
Accessory garages for use of building occupants: same as in the R-1A District [See § 317-48C(2)].
(4)
Recreation facilities for use of building residents or employees.
F.
Accessory buildings and uses permitted in the C-R District.
(1)
For uses permitted in the R Districts: same as in the R Districts.
(2)
For uses permitted in the O-R District: same as in the O-R District.
(3)
Parking garages, subject to the same requirements as for principal use in the C-R District, Schedule of Regulations.
(4)
Manufacture, assembly, alteration, conversion or treatment which is clearly incidental to a permitted retail or business use conducted on the premises, but not exceeding a floor area equal to 20% of the area devoted to the principal permitted use.
G.
Accessory buildings and uses permitted in the C District.
(1)
For uses permitted in the C-R District, same as in the C-R District and subject to the same requirements.
H.
Accessory buildings and uses permitted in the M-1 and M-2 Districts.
(1)
For uses permitted in the R Districts: same as in the R Districts.
(2)
For uses permitted in the O-R District: same as in the O-R District.
(3)
Parking garages, subject to the same requirements as for principal use in the C District, Schedule of Regulations, except that floor area ratio shall not exceed 3.0.
I.
Bulk requirements for accessory buildings.
(1)
Attached accessory buildings. An accessory building attached to a main building, except by a breezeway or roofed passageway with open or latticed sides, shall comply in all respects with the requirements of this chapter applicable to the principal building. An aboveground garage accessory to a multifamily structure and attached thereto shall meet the following minimum setback requirements:
(2)
Accessory building, other than the one- and two-family dwelling in the R-3 District.
[Amended 6-1-1995 by Ord. No. 1330-95]
(a)
Detached accessory buildings may occupy, in the aggregate, not to exceed 30% of the area of any rear yard, but shall not be located nearer than three feet to any side or rear lot line.
(b)
No accessory building shall be located:
[1]
Within 60 feet of the front lot line of the lot.
[2]
Within six feet of a rear lot line that abuts a side lot line of a contiguous lot.
[3]
Nearer to the side street line of a corner lot than the main building on the lot nor, 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, provided that the setback for a garage on the corner lot and facing the side street need not be more than 20 feet in depth.
(c)
No detached accessory building or accessory building attached to the main building by a breezeway shall be located nearer than 10 feet to a principal building on the same lot.
(3)
Underground accessory garages in the R-1A District.
(a)
Notwithstanding any other provisions of this chapter pertaining to accessory buildings and lot coverage, an underground accessory garage, the roof of which is at ground level or below ground level, which roof is used for parking and is visually and effectively screened the year round with satisfactory plant material from the abutting property and, in the case of a corner lot, from the street, may be located in the rear yard, provided that it is no closer than three feet from any side or rear lot line; and:
[1]
Within 60 feet of the front lot line of the lot.
[2]
Within six feet of a rear lot line that abuts a side lot line of a contiguous lot.
[3]
Nearer to the side street line of a corner lot than the main building on the lot nor, if any 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, provided that the setback for a garage on the corner lot and facing the side street need not be more than 20 feet in depth.
(b)
The roof of an underground parking garage on the surface of which are located permanent lawns and other landscape features may be used in the computation of open space.
(4)
Accessory buildings in the R-3 District: same as in the R-1, R-2 and R-1A Districts.
(5)
Accessory buildings in the R-1 and R-2 Zones.
[Added 6-1-1995 by Ord. No. 1330-95]
(a)
Accessory structures shall not be located nearer than three feet to any side or five feet to any rear lot line.
(b)
No accessory building shall be located nearer to the street line than the rear of the main building. Where there is more than one street line, the setback from any subsequent street line not considered the front yard shall be the lesser of the front of the main building or the required front yard setback for the zone.
(c)
Accessory structures shall not cover the greater of 50% of the rear yard or 2,000 square feet.
(d)
Any deck or pool closer than 20 feet to the rear property line shall be visually screened from any residential property adjoining to the rear.
§ 317-49 Signs.
A.
All zones.
[Amended 9-17-1987 by Ord. No. 990-87]
(1)
A ground sign shall not exceed 16 feet in height, including the supporting members, or project over any portion of any street right-of-way, nor shall it exceed a total of eight square feet in area for each foot of the frontage of such lot. In the case of a corner lot, the area of the sign shall not exceed eight square feet for each foot of the average of the two street frontages, unless otherwise provided in this article.
(2)
No sign shall include intermittent or flashing lights or moving parts.
(3)
No sign, whether self-supported or attached to a structure, shall project over any portion of any street or right-of-way.
(4)
Any sign, advertisement, poster, ornament or other document shall not occupy and/or cover more than 50% of a window in any way that impairs visibility.
[Added 1-6-2003 by Ord. No. 1556-02]
B.
R-1 Zone. No sign shall be displayed except as follows:
(1)
One nameplate, not exceeding one square foot in area of which any illumination shall be indirect and nonintermittent, identifying a professional office conducted in the building on which such sign is displayed.
(2)
One sign, not exceeding 16 square feet in area, identifying a house of worship, school, hospital, club, public use or institutional use permitted in the district.
(3)
One "for sale" or "for rent" sign not exceeding four square feet in area, advertising only the property on which it is displayed.
(4)
[1]On the facade of any structure containing a use permitted in a C or M District but not in an R District and which exists as a nonconforming use, there may be displayed signs which advertise only the activity conducted on the premises on which the same is situated, and the aggregate area of such signs shall not exceed 10% of the facade of the first story, and it shall be so situated as not to exceed the height of the building on which it is located, and any illumination of such sign shall be indirect and nonintermittent.
[1]
Editor's Note: Former Subsection B(4), prohibiting signs projecting over street rights-of-way, was repealed 9-17-1987 by Ord. No. 990-87, which ordinance redesignated former Subsection B(5) as B(4).
D.
C and C-R Districts.
(2)
Advertising signs and rooftop business signs shall be permitted as a conditional use in the C and C-R Districts in accordance with the standards established in Article VI.
(4)
There shall be no sign installed at ground level which shall exceed the height of the tallest building on the lot or 16 feet, whichever is lower.
(5)
Any sign displayed on the facade of a building or, in the case of a building situated on a corner lot, upon the facade or upon the side wall facing a street shall advertise only the activity conducted on the premises on which the same is situated or the sale or rental of such premises and shall not exceed four feet in height.
(6)
The aggregate area of all business signs shall not exceed four square feet for each foot of the width of the facade of the building upon such lot.
E.
O-R and PD Districts.
(2)
There shall be no sign installed at ground level which shall exceed six feet in height, including supporting members.
(3)
Any sign displayed on the facade of a building or, in the case of a building situated on a corner lot, upon the facade or upon the side wall facing a street shall advertise only the activity conducted on the premises on which same is situated or the sale or rental of such premises and shall not exceed four feet in height.
(4)
The aggregate area of all business signs shall not exceed four square feet for each foot of the width of the facade of the building upon such lot.
§ 317-50 Fences and walls.
[Amended 9-17-1987 by Ord. No. 990-87; 6-2-1988 by Ord. No. 1025-88]
A.
All zones.
(1)
The yard requirements of this chapter shall not be deemed to prohibit the following types of otherwise lawful fences and walls:
(a)
A fence not exceeding four feet in height.
(b)
A fence not exceeding six feet in height across the rear lot line of the property and along the side lot lines from the rear lot line to a point equal to the rear line of the dwelling if extended to said side line, and provided that the side of any such fence facing an adjacent property shall be finished and shall not constitute an eyesore to such adjacent property owner or occupant. The front yard, which includes the entire front of the property to the corner of the house, shall be no higher that four feet.
[Amended 10-21-2003 by Ord. No. 1594-03]
(c)
A fence or wall not exceeding six feet in height on a lot on which any dwelling is situated when such fence or wall is contiguous to the lot line of a lot in a C or M District.
(d)
A fence or wall not exceeding eight feet in height along a boundary between M and R Districts.
(e)
Retaining walls.
(2)
The use of barbed wire, razor wire or similar shall not be permitted on any fence or atop any wall.
(3)
Fences and walls which impede the natural flow of drainage across property lines are prohibited.
(4)
Fences and walls shall comply with the corner sight clearance requirements of this article.
(5)
All paved yards shall have a fence or other physical barrier to prevent the access of motor vehicles from any area that is not accessible by curb cuts.
[Added 1-6-2003 by Ord. No. 1556-02]
B.
In the C, M-1 and M-2 Zones, open fences up to eight feet in height shall be permitted.
C.
In all zones except R-1, R-2 and R-1A, solid fences up to six feet in height may be erected to enclose a vacant lot, provided that the exterior side of such fence is properly finished and kept free of graffiti or advertising.
§ 317-51 Design standards.
[Added 9-17-1987 by Ord. No. 990-87[1]]
A.
Storm drainage.
(1)
Storm drainage plans shall be based on a twenty-five-year design storm. A one-hour duration with a two-and-four-tenths-inch intensity shall be used for calculating volumes for retention and detention devices. A 1/2 hour duration with a three-and-eight-tenths-inch intensity shall be utilized for pipe sizing.
(2)
At a minimum, all runoff in excess of that existing prior to the proposed development shall be retained on site or disposed of in a manner acceptable to the City Engineer in keeping with the above standards.
B.
Sanitary sewers. Whenever a proposed development results in an increase of sanitary sewage over that existing prior to the proposed development, a load analysis shall be submitted along with the proposed sanitary sewerage plan for the City Engineer's approval.
D.
Exterior lighting.
(1)
The exterior lighting of a development should provide for the illumination of the building and its grounds for safety purposes but in an aesthetic manner.
(2)
A minimum of one footcandle of illumination shall be provided on all exterior areas where any pedestrian activity will occur. This includes parking lots and all external walkways. The level of illumination shall not exceed 0.3 footcandle at the periphery of the property.
E.
Landscaping and open space. The amount of landscaping required should correspond with the land use proposed. Some developments may require more landscaping if the proposed use is not compatible or is of a higher intensity than surrounding development. The landscape design should facilitate continuous maintenance, and the use of low-maintenance plants should be considered.
(1)
The open space within a development should be meaningful, not small, leftover pieces. An open-space area shall not have any dimension measuring fewer than five feet. Open space should flow through residential developments connecting recreational facilities with the dwellings through the use of continuous common areas.
(2)
In addition to internal on-site landscaping, at least one street tree shall be planted for each 50 feet of property frontage.
(3)
In areas of high pedestrian traffic (i.e., parking lots), low growing shrubs and ground cover should be avoided. Trees are recommended for these areas along with brick pavers. The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to compliment the tree landscaping but shall not be sole contribution to the landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscape plan.
(4)
Landscaping and planting areas shall be reasonably dispersed throughout the parking lots.
(5)
The interior dimensions of any planting area or planting median shall be sufficient to protect the landscaping materials planted therein and to ensure proper growth.
(6)
All shade trees to be used shall be eight to 10 feet in overall height upon planting and of a variety which shall attain an average mature spread of greater than 20 feet.
F.
Buffers and screens.
(1)
A buffer as applied in this article is an area set aside for the purpose of reducing the impact of commercial, industrial or parking activities on residential areas. A buffer shall consist of hedges, shrubs, trees, fencing and other landscape materials alone or in combination. Plant materials in the buffer area shall be of a type which provides a year-round visual screen at least six feet high at planting. Staggered rows of shrubs may be used, where appropriate, to achieve the desired effect. Suitable plant materials include but are not limited to evergreens such as white pine, Austrian pine, Canadian hemlock, arborvitae, upright yews, California privet, tall hedge, buckthorn or dark American arborvitae. All plant materials shall be of nursery quality, balled and burlapped. Buffer areas shall not be used for building, parking or storage of any kind and shall be suitably maintained.
(2)
In the O-R, C-R and C Districts, on any lot line that abuts an R District, the minimum buffer width shall be 10 feet.
(3)
In the M-1 and M-2 Districts, on any lot line that abuts an R District or on any lot line that is contiguous to a street that separates it from a lot in an R District on the opposite side of said street, the minimum width of the buffer shall be 15 feet.
(4)
In residential districts, any parking lot with a capacity of five or more spaces shall be removed from the property line by a buffer of no fewer than three feet in width.
(5)
In all zones, for all uses other than single- and two-family detached homes, refuse collection areas shall be screened on three sides. The fourth, or open side, shall be directed away from the view of adjoining properties and from street views or as otherwise directed by the approving authority. The screen shall comprise a solid six-foot-high fence, wail or evergreen hedge as directed by the approving authority.
(6)
Refuse collection areas shall be set back a minimum of 10 feet from any property line adjoining a residential use or district and shall not be located within a required front yard or any other required yard abutting a street.
(7)
No outside storage of materials, trash, mechanical equipment, vehicles or other similar items shall be visible at ground level from adjoining streets or from residential, office or commercial districts or uses.
G.
Recycling provisions.[3] All structures hereinafter constructed or substantially altered shall be required to provide for storage of recyclable materials.
[Added 7-7-1988 by Ord. No. 1026-88]
(1)
Single-family or two-family homes. Space should be allowed in the kitchen, laundry room, basement or garage for storage of recyclables. An area not less than three square feet shall be so designated.
(2)
Townhouses, multifamily (three or more dwelling units) or mixed use. Each dwelling unit shall be provided with a space of not less than three square feet of floor area, i.e., under a sink or in a closet, for storage of recyclables. Additionally, a central location shall be provided where residents may transfer recyclables from their unit for storage until collection. In general, this central area should be in the vicinity of the refuse units or in common areas such as near a laundry room.
(3)
Commercial or industrial. Developers of commercial or industrial establishments shall include space for recycling materials required by the City. Area and location shall be determined based upon proposed use and determination of recyclables to be generated.
H.
Awnings and awning signs.
(1)
Awnings and awning signs shall be permitted in all districts, subject to the following standards:
(a)
Awning signs must comply with the regulations of this article as to surface display area. An awning sign shall represent no more than 50% of the total permitted surface display area for signs for the subject premises.
(b)
No awning or awning sign shall be illuminated with a built-in source of lighting through a translucent face or panel. Only the individual letters or symbols of an awning sign may be internally illuminated.
(c)
Awnings that are internally or externally illuminated to highlight the awning shall be considered an awning sign.
(d)
No awning or awning sign shall have illumination involving intermittent or flashing lights.
(e)
The minimum height above sidewalk for awnings shall be seven feet six inches at the lowest point of the awning, but not higher than any existing awnings on the same side of the street and within 200 feet on either side.
(f)
Awning signs shall not extend above the first story nor over 12 feet six inches above the sidewalk, whichever is less.
(g)
Fixed awnings and awning signs must comply with the setback requirements for the principal buildings.
(h)
Fixed awnings and awning signs shall be included in the computation of lot coverage.
(i)
Awnings and awning signs shall meet all requirements of the Uniform Construction Code.
(2)
Encroachment permits.
(a)
Any property owner desiring an encroachment permit for a structure that does not meet the dimensional requirements of § 317-3B shall file an application with the Zoning Officer or his or her designee. The subject of the requested encroachment must otherwise meet the requirements of this section. The application shall set forth the following information:
[1]
The applicant’s name, business name (if pertinent) and the address of the property where the awning is to be installed.
[2]
A plan or sketch which clearly defines the limits of the requested encroachment.
[3]
The work under Subsection H(2)(a)[2] above must be done by a professional engineer, architect or land surveyor licensed to perform such work in the State of New Jersey. Applicant shall also obtain liability insurance in the amount of $1,000,000 for all such work which names the City of Passaic as an additional insured thereunder and shall present a certificate of insurance designating the City as an additional insured for such amount as part of the application process.
[4]
A statement as to why the property owner desires an encroachment permit. Acceptable reasons may include, but are not limited to, the following:
[a]
The structure has encroached upon the City right-of-way for a stated number of years.
[b]
Under a future right-of-way requirement, the structure will encroach upon City property. It would not be feasible to relocate the structure. At such time as the structure is to be destroyed, the owner shall do so at his expense; no replacement structure will be constructed within the City right-of-way.
[c]
While the ground level of the structure does not encroach upon City property, the upper level(s) overhangs upon the right-of-way.
[d]
The property owner wishes to install an awning which would overhang or protrude over the sidewalk, street or other portion of the City right-of-way but in no way can extend closer than one foot to the curb.
(b)
Upon receipt of the application for an encroachment permit, the Zoning Officer or his or her designee will review the request for compliance or noncompliance with municipal and state rules, regulations, statutes and ordinances and the truth of the matter contained in the application and determine whether the reason the property owner desires the encroachment permit is acceptable. If no objections are noted, the Zoning Officer or his or her designee shall forward the application to the City Council for final approval and issuance of the permit. Once a resolution authorizing such permit is adopted by the City Council, the Zoning Officer or his or her designee shall issue a letter authorizing the encroachment permit. Should the Zoning Officer or his or her designee deny the application, the property owner may appeal his request in writing to the City Council.
(c)
The annual fee for an encroachment permit that does not encroach more than 36 inches over City property shall be $50. Such permit shall run for a period of one year, commencing January 1 and ending December 31 of the year of issuance.
(d)
The annual fee for an encroachment permit that exceeds 30 inches over City property shall be $300. Such permit shall run for a period of one year, commencing January 1 and ending December 31 of the year of issuance.
(e)
Encroachment permits may, upon payment of the prescribed permit fee and compliance with the terms of this chapter and § 259-5B(2) et seq. (Road Access Opening), be renewed annually. Renewal of an encroachment permit shall be made upon payment of the annual fee and the filing of a short-form application supplied by the Zoning Officer or his or her designee stating that no changes have been made in any of the facts or information stated in the original application or to the subject structure during the preceding permit period.
[4]
Editor's Note: Section IV of this ordinance provided as follows: "All nonconforming awnings existing at the time of adoption of this ordinance may be continued, and any such awnings may be restored or repaired in the event of partial destruction thereof. Where an awning does not meet the dimensional requirements of § 317-3B, however, the property owner must obtain an encroachment permit from the Division of Building Code Enforcement, pursuant to § 317-51H(2)(a). Application for the encroachment permit must be made within 120 days of the adoption of this ordinance. Approval of the County of Passaic is required in cases where the right-of-way encroachment is on a county road."
[1]
Editor's Note: This ordinance also repealed former § 317-51, Buffers.
§ 317-52 Performance standards.
A.
No use shall be established, maintained or conducted in any district so that the same will cause any of the following:
(1)
Dissemination of smoke, fumes, gas, dust, fly ash or any other atmospheric pollutant.
(2)
Noise perceptible beyond the boundaries of the lot on which such use is conducted.
(3)
Vibration beyond the boundaries of the lot on which such use is conducted.
(4)
Odors noticeable at the lot line or beyond.
(5)
Direct or reflected glare visible at the lot line.
(6)
Physical hazard by reason of fire, explosion, radiation or similar cause to the property in the same or adjacent district.
B.
Any use established in any district shall meet all requirements of the New Jersey Air Pollution Control Code, as amended and augmented by regulations now in effect or hereafter adopted; the New Jersey Noise Control Act of 1971, as amended and augmented by regulations now in effect or hereafter adopted;[1] the New Jersey Water Pollution Control Act of 1977, as amended and augmented by regulations now in effect or hereafter adopted;[2] and all other applicable state and federal environmental control legislation.
C.
Enforcement of performance standards. Satisfactory evidence shall be presented to the administrative officer that the proposed use shall conform to the performance standards above. The administrative officer may obtain expert advice, at the expense of the applicant, regarding performance standards.
D.
Revocation of building permit and/or certificate of occupancy. In the event of failure to comply with any provisions of this chapter, including any conditions of site plan approval and any performance standard as stated herein, the Construction Official shall revoke the building permit or certificate of occupancy or take such other steps as may be lawful to enforce such provisions.
§ 317-53 Parking and storage of boats, motor homes and trailers.
The parking and storage of boats, motor homes and trailers in R-1, R-2, R-1A, R-3, O-R, C-R and C Zones shall be permitted subject to the following restrictions and regulations:
A.
No trailer, motor home or boat to be parked or stored outside shall exceed 22 feet in length, as measured from outside dimensions, including hitching devices.
B.
All trailers, motor homes or boats shall be parked or stored either in an enclosed garage or in the side or rear yard of a lot. No trailer, motor home or boat shall be parked or stored in the front yard of a lot or within the street side yard of a corner lot.
C.
Any trailer, motor home or boat parked in the side or rear yard of any lot shall meet the requirements and regulations applicable to accessory buildings in regard to setbacks. For the purposes of this article, the requirements and regulations applicable to accessory buildings located in an R District in regard to setbacks shall be applicable in all zones or districts.
D.
In the M-1 and M-2 Zones, the parking and storage of boats, motor homes and trailers shall be permitted subject to the buffer requirements of this article in § 317-51.
E.
Any boat, motor home or trailer parked or stored in a side or rear yard and not in an enclosed garage shall be screened from view. Such screening shall not be less than six feet in height and shall consist of either a trellis, latticework, decorative-block basket-weave fencing, open artistic block, shrubbery or other similar material approved by the administrative officer, except when such screening exceeds six feet in height, the same shall consist only of shrubbery.
F.
The area in which any trailer, motor home or boat is to be parked or stored shall not preempt any off-street parking space required to be provided by any provision of this chapter.
G.
Prior to parking or storing any trailer, motor home or boat on any lot, except within an enclosed garage, the owner of said lot shall first apply to and obtain from the administrative officer a permit allowing such parking or storage. Such permit shall expire on the first day of January following its issuance and shall be renewed for additional terms of one year each. Not more than two permits shall be issued and in effect allowing the parking or storage of either one trailer or one boat on a particular lot at any given time.
H.
An application for such permit shall be made on forms to be supplied by the administrative officer and shall set forth the following information:
(1)
Name and address of the owner of the lot on which such trailer, motor home or boat is to be parked or stored.
(2)
Location of the property on which such trailer, motor home or boat is to be parked or stored, including street address and block and lot.
(3)
The height and type of screening to be used.
I.
Such application shall be accompanied by a plot plan, drawn to scale, showing the location where such trailer, motor home or boat is to be parked or stored, the relation of such location to structures located on the same lot and abutting lots, the relation to the boundary lines of abutting lots and the relation of such location to the required side and rear yards. Such plot plan shall be reasonably accurate and legible so as to enable the administrative officer to determine if the application complies with the provisions of this chapter. If a plot plan is not so accurate or legible, the administrative officer shall require an applicant to resubmit the same.
J.
An applicant for such permit shall pay a fee of $5 for the first issuance of such permit and a fee of $2 for each renewal thereof. Such fees shall be paid to the administrative officer.
K.
Nothing herein contained shall prohibit the administrative officer from issuing a temporary permit, without fee, allowing the temporary parking or storage of trailers, motor homes or boats on any lot for a period not exceeding 14 days, provided that the administrative officer makes the following findings:
(1)
Such parking and storage shall not reduce the off-street parking or loading below the minimum requirements of Article VII.
(2)
Such parking or storage shall not adversely affect the aesthetic appearance of abutting lots.
(3)
Such parking or storage shall not unreasonably interfere with the access to light or air of structures on abutting lots.
(4)
Not more than two temporary permits may be issued. The second permit shall not be issued unless 90 days have expired from the issuance of the first permit.
§ 317-54 Temporary use of trailers and air-supported structures.
The use of trailers and air-supported structures for dwelling, business or industrial purposes is prohibited in all districts except as herein provided.
A.
Use of trailers in connection with site construction. The use of trailers in any zone in connection with site construction shall be permitted, subject to the following restrictions and regulations:
(1)
Such trailers shall be located on the lot on which construction is progressing and shall not be located within 25 feet of the boundary line of any abutting residential lot.
(2)
Such trailers shall be used only as field offices and storage and not for any dwelling use whatsoever.
(3)
Such trailers shall not be moved onto a construction site until a building permit has been issued and shall be removed from such site on or before the completion of construction.
B.
Exemption allowing use of house trailers for dwelling purposes.
(1)
Occupancy under this subsection shall be limited to City of Passaic residents displaced by fire or by other building conditions which render their housing uninhabitable.
(2)
A temporary certificate of occupancy for use of a house trailer valid for a period of 180 days shall be issued by the Construction Official. Such certificate of occupancy shall expire within 30 days unless a building permit has been issued for the reconstruction of the affected dwelling. One renewal of the temporary certificate of occupancy is permitted for an additional period not to exceed 180 days. The Construction Official shall monitor the rehabilitation process to ensure reasonable progress and that all substandard conditions are being corrected.
(3)
The Construction Official shall set maximum occupancy limits for the temporary housing and shall ascertain that proper sanitary facilities are provided and all applicable codes are complied with.
(4)
The temporary house trailer may be located in the rear or side yard, but may not be located in the front yard area of a building; must meet the front setback requirements of the zone; and may be located off site subject to site location approval by the Development Review Advisory Committee, which shall first determine that there would not be any adverse effect on the surrounding properties.
(5)
Application under this section may be made by the owner of the affected dwelling, any governmental agency or any charitable organization or agency.
C.
Air-supported structures for temporary use in the M-1 and M-2 Districts. A building permit and a certificate of occupancy may be granted for temporary use of an air-supported structure for any use permitted in the zone, subject to the following requirements:
§ 317-55 Miscellaneous provisions.
A.
Dumping. No garbage, refuse, rubbish or other waste material shall be dumped or deposited in any district, except soil, gravel, rock or other nonorganic material for the purpose of regarding or landscaping the land on which deposited.
B.
Livestock. Poultry, pigeons, fur-bearing animals, horses, cows, goats and similar livestock shall not be kept or bred in any district.
C.
Excavation and soil removal. Any earth moving, grading, filling, removal of topsoil, except in connection with approved construction projects, shall require a permit duly authorized by the Construction Code Official. The applicant for such permit shall submit pertinent information, including, but not limited to, topographic conditions, both existing and proposed, utilities, street lines, retaining walls and any other information required by the Engineering Department and Building Department.
D.
Corner sight clearance.[1] On every corner lot within the triangle formed by the property 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 three 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.
(1)
For a lot having an interior angle of 90° or more at the street corner thereof: 20 feet.
(2)
For a lot having an interior angle of less than 90° at the street corner thereof: 20 feet plus one foot for every 10° or major fraction thereof by which such interior angle is less than 90°.
[1]
Editor's Note: An illustration entitled "Corner Sight Clearance," formerly included with this subsection, is included at the end of this chapter.