Ridgefield City Zoning Code
ARTICLE VII
Supplementary Regulations
§ 390-15 Boardinghouses and lodging houses.
§ 390-16 Development within slope areas.
[Added 1-27-2014 by Ord. No. 2247]
A.
Purpose.
(1)
The purpose of this section is to provide for reasonable control of development within slope areas of the Borough in order to minimize the adverse impact caused by such development. These adverse impacts include, but are not limited to, erosion, siltation, flooding, surface water runoff, pollution of potable water supplies from point and nonpoint sources, as well as the degrading of natural features and aesthetics.
(2)
In addition, the Borough determines that the removal of vegetation, disturbance of soil and construction of structures in slope areas of the Borough tends to increase surface water runoff, soil erosion and siltation resulting in pollution of streams, increased risk of flooding and improper water drainage. Thus, unregulated development in slope areas has the potential to endanger public and private property and the public welfare. Left unchecked, development in slope areas tends also to result in fragmentation of natural features, thereby causing harm to the aesthetics of such areas.
(3)
Therefore, the Borough of Ridgefield determines that the public interest justifies the regulation of property containing slope areas as defined by this statute, for the protection of persons and property, and for the preservation of the public health, safety and welfare.
B.
Applicability.
(1)
Applicants for site plan or subdivision approval shall submit all information required under this section to the appropriate reviewing authority, which shall not approve the application unless the approval requirements of this section are met.
(2)
Applicants for construction permits, including the construction of buildings, walls, driveways or other structures or the clearing of land, shall submit an application with the information required in this section, to the Construction Official, where development is proposed in any steep slope area to insure that the proposed development of the lot will respect the natural features of the tract and minimize adverse impacts associated with such clearing and/or construction. This information shall be referred to the Engineer.
(3)
Applicants for subdivision or site plan review shall submit information required in this section so the approving authority can render a decision concerning the land's suitability to accommodate the proposed project without negatively impacting the community health or welfare. The Board shall use this information to evaluate the appropriateness of the project.
C. AMOUNT OF PERMITTED SOIL DISTURBANCE
SLOPE SOIL DISTURBANCE STEEP SLOPE AREAS
Definitions.
Soil disturbance in slope areas shall be permitted as indicated in the chart below:
Slope Category | Allowable Amount of Soil Disturbance | |
|---|---|---|
0% to 9.99% | 100% | |
10% to 14.99% | 40% | |
15% to 19.99% | 15% | |
20% to 24.99% | 10% | |
25%+ | 0% |
The deviation of the land surface from the horizontal expressed in terms of a percentage. Slope shall be calculated by dividing the vertical distance by the horizontal difference times 100, resulting in a percentage figure of the slope.
The displacement of soil from its natural or original state.
Those areas on a property where 500 or more contiguous square feet of property have slopes of 10% or greater as measured over a minimum of three consecutive contour lines (six feet) horizontally.
D.
Slope regulations. The following regulations apply to any construction or development in a steep slope area:
(1)
Proposed soil disturbance or the construction of buildings or structures shall be conducted in such a manner as to provide the least alteration necessary to the existing grade, vegetation, natural soils and features.
(2)
Proposed excavation, removal, depositing or disturbance of soil shall be for purposes consistent with the intention of this section and shall be executed in a manner that will not cause excessive erosion or other unstable conditions.
(3)
Provision shall be made for the proper disposition of surface water runoff so that it will not create unstable conditions. Appropriate storm drainage facilities shall be constructed as deemed necessary, and adequate protective measures shall be provided for downstream properties.
(4)
Provisions shall be made for any structures or protective measures that may be required for the protection of the public safety, including but not limited to retaining walls, headwalls and fences. See Ordinance No. 2224 for regulations for retaining walls.[1]
(5)
Proper facilities have been or will be provided for a safe water supply and for the disposal of sanitary sewage as approved by the Ridgefield Borough Board of Health.
(7)
Proposed finished grades shall not exceed 3.1.
(8)
New roads and improvements to existing roads should be designed within the existing contours of the land to the extent possible.
(9)
Natural features to include visual quality shall be preserved to the extent possible.
E.
Slope disturbance required documentation. Where it is determined that any construction or development will take place in a steep slope area, the following shall be required:
(1)
A legibly drawn plan, at a scale no smaller than one inch equals 50 feet and no larger than one inch equals 10 feet shall be submitted by a New Jersey-licensed engineer, land surveyor or architect which provides sufficient on-site detail to evaluate the proposed development.
(2)
The slope disturbance plan shall contain, at a minimum, the following items:
(a)
Existing and proposed topographic information using two-foot contour intervals for all slopes as defined and categorized above and within all areas contemplated for clearing and/or construction as described above.
(b)
Existing and proposed drainage patterns within 100 feet of the proposed lot under development.
(c)
Details concerning architectural design and how the proposed construction will relate to, complement and minimize adverse impacts upon the existing natural features of the lot.
(d)
Location of trees in excess of eight inches in diameter at the point of measurement, which shall be four feet above ground level.
(e)
Soil types contained on the lot with specific reference to highly erodible soils as defined by the United States Department of Agriculture Soil Conservation Service.
(f)
All driveway locations, paved areas and details.
F.
Slope disturbance application procedures.
(1)
Applicants for building permits, and applicants for site plan or subdivision approval, shall be required, as part of the application process, to set forth whether or not the construction or development involves the disturbance of any soil or vegetation within a steep slope area as defined herein. Where an applicant determines that its construction or development will involve soil or vegetation disturbance in a steep slope area, then the applicant shall submit the information and documents required by Subsection E.
(2)
Notwithstanding the above, in those instances where the applicant for a construction permit, or the applicant for site plan or subdivision approval, has indicated that the construction and development does not involve the disturbance of any soil or vegetation within a steep slope area, and the Construction Official, as regards building permits, or the Planning Board Engineer, as regards site plan or subdivision application, determines, based on a visual inspection of the property, that the application appears to contain disturbance of soil or vegetation within a steep slope area, then the applicant shall be required to provide the documentation set forth in Subsection E.
(3)
Prior to the issuance of a construction permit for any structure or the disturbance of any soil or vegetation within any slope area as herein defined, an applicant for building permit shall submit a slope disturbance application to the Planning Department for review and approval.
(4)
Applicants for site plan or subdivision approval involving the disturbance of slopes shall submit information regarding steep slope conditions to the appropriate reviewing authority as part of the required submission, which shall be examined within the appropriate site plan or subdivision review context.
§ 390-17 Industrial performance standards.
A.
This section has for its primary purpose the establishment of performance standards applying to the operation of industrial uses in District F. These standards are designed to limit the impacts (e.g., noise, smoke, glare, etc.) of industrial uses on each other and on adjacent and nearby property, including existing and planned development.
B.
To ensure that the uses in District F shall be in harmony with the appropriate and orderly development of District F as a special industrial district as described in § 390-16 of this Part 1, no use shall hereafter be established or conducted in District F that in any manner violates any of the following performance standards.
C.
Although this section has for its primary purpose the establishment of performance standards applying to the operation of industrial uses in District F, it shall also be applicable to all uses in District E, except all nonresidential uses permitted in District D.
D.
Specific standards.
(1)
No activity shall cause or permit the generation of any noise which is not in conformity with the provisions of Chapter 275, Noise, of the Code of the Borough of Ridgefield.
[Amended 7-23-2001 by Ord. No. 1749]
(2)
Vibration.
(a)
No activity shall cause or create a vibration at any point on or beyond the lot line which exceeds the maximum earth displacement for the designated frequency as set forth in Table III for steady state vibrations and Table IV for impact vibrations.
TABLE III Maximum Permitted Steady-State Vibration Displacement | ||
|---|---|---|
Frequency Band (cycles per second) | Peak-to-Peak Earth Displacement (inches) | |
10 and under | 0.0005 | |
10 - 20 | .0004 | |
20 - 30 | .0003 | |
30 - 40 | .0002 | |
40 - 50 | .0001 | |
50 - 60 | .0001 | |
60 and over | .0001 | |
TABLE IV Maximum Permitted Impact Vibration Displacement | ||
|---|---|---|
Frequency (cycles per second) | Displacement (inches) | |
10 and under | 0.0010 | |
10 - 20 | .0008 | |
20 - 30 | .0006 | |
30 - 40 | .0004 | |
40 - 50 | .0002 | |
50 - 60 | .0002 | |
60 and over | .0002 | |
(b)
Vibration shall be measured by a three-component measuring system. In no case shall a total acceleration greater than 0.2g be produced. "Total acceleration" is defined as the vector sum of the three measured components.
(c)
The maximum displacements specified shall not be exceeded in any one of three mutually perpendicular directions.
(3)
Smoke.[1]
(a)
No activity shall cause or permit the emission of visible smoke into the atmosphere at a density as measured on or beyond the lot line, which is equal to or exceeds the shade of gray of Ringelmann No. 2.
(b)
Smoke shall be measured by a Ringelmann Chart, which shows graduated shades of gray for use in estimating the light-obscuring capacity of smoke. The Ringelmann Chart is published by the United States Bureau of Mines (Information Circular 6888).
(4)
Fly ash, dust, dirt or other pollution. No activity shall cause or permit the emission of fly ash, dust, dirt or other forms of air pollution which can cause any damage to health, animals or vegetation or other forms of property or which can cause any excessive soiling at any point on or beyond the lot line. In no case shall any such emission from any chimney or otherwise be in concentrations exceeding 0.3 grain per cubic foot of conveying gas or air. For measurement of the concentration of such emission, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air. (A suggested means of measuring such emission shall be by the use of a low-level radioactive tracer and radiation measurement instrument.)
(5)
Odor.
(a)
No activity shall cause or permit the emission into the atmosphere of odorous gas or other odorous matter in such quantities as to be offensive at or beyond the lot line. Any process which may cause or permit the emission of any odors shall be provided with a safeguard system to prevent such emission of odors from reaching the concentrations necessary to pass the threshold of smell.
(b)
As a means of determining objectively the maximum permitted concentrations of odorous matter for each odorous material, there is hereby established as a guide the most current edition of the Air Pollution Abatement Manual, by the Manufacturing Chemists' Association, Inc., Washington, D.C. It is intended that the minimum concentrations listed in Table III, Chapter 5, of such Air Pollution Abatement Manual, shall be established as the thresholds of smell for all odorous materials listed in such table.
(c)
Chemical tests may be made from time to time, at the discretion of the Planning Board, of the atmosphere at or beyond the lot line to determine whether the maximum permitted concentrations of odorous material in the air have been exceeded.
(6)
Radiation.
(a)
There shall be no radioactive emission that would be dangerous to health. All use of radioactive materials and other sources of radiation shall conform to the practices recommended by the National Committee on Radiation Protection as set forth in Handbook 61 of the National Bureau of Standards, entitled "Regulation of Radiation Exposure by Legislative Means."
(b)
In no case shall an activity involving ionizing radiation cause or create radiation at any point on or beyond the lot line in excess of 10 millirems per week or 0.8 millirem per hour.
(c)
Suggested tests for radiation shall be made by means of a radiation measurement meter or sensitized film.
(7)
Electrical disturbance. No activity shall cause or permit electrical disturbance adversely affecting the operation at any point outside the lot of any equipment other than that of the occupant of such lot.
(8)
Heat, glare and humidity. No activity shall cause or permit heat and/or glare, direct or sky-reflected, from high-temperature processes (such as combustion or welding) or floodlights or excessive humidity in the form of steam or moist air so as to be objectionable at any point at or beyond the lot line.
(9)
Fire and explosion hazard.
(a)
For the purpose of classification, materials are divided into the following four categories, based upon the degree of fire and explosion hazard:
[1]
Category A: slow-burning to moderate-burning materials. This includes all liquids with a closed cup flash point of 187° F. or higher.
[2]
Category B: free-burning to intense-burning materials. This includes all liquids with a closed cup flash point of between 105° F. and 186° F.
[3]
Category C: materials which produce flammable or explosive vapors or gases under ordinary weather temperature. This includes all liquids with a closed cup flash point of less than 105° F.
[4]
Category D: materials which decompose by detonation, high explosives, propellants and their components, pyrotechnics and fireworks, blasting explosives, unstable organic compounds and strong oxidizing agents.
(b)
Storage, manufacturing and utilization,
[1]
Category A materials or products may be stored, manufactured or utilized in manufacturing processes or other production.
[2]
Category B materials or products may not be stored, manufactured or utilized in manufacturing processes or other production unless such storage, manufacture or utilization is carried on within buildings or other structures which are completely enclosed by noncombustible exterior walls and such buildings or other structures are set back at least 50 feet from any lot line and storage above ground of such materials or products is limited to 50,000 gallons.
[3]
Category C materials or products may not be stored, manufactured or utilized in manufacturing processes or other production unless such storage, manufacture or utilization is carried on within buildings or other structures which are completely enclosed by noncombustible exterior walls and such buildings or other structures are set back at least 60 feet from any lot line and storage aboveground of such materials is limited to 30,000 gallons.
[4]
Category D materials or products may not be stored, manufactured or utilized in manufacturing processes or other production unless specifically authorized by special permit, for a specified period of time, granted by vote of the Mayor and Council upon the advice of the Board of Health and the Fire Department of the Borough of Ridgefield.
§ 390-18 Signs.
[Amended 10-23-1989 by Ord. No. 1384; 12-11-1995 by Ord. No. 1545; 1-13-1997 by Ord. No. 1579; 9-27-2010 by Ord. No. 2142; 11-8-2010 by Ord. No. 2149; 2-13-2012 by Ord. No. 2192; 12-9-2024 by Ord. No. 2503]
The following regulations shall apply to all stationary signs and outdoor advertising and shall be in addition to other regulations for specific uses elsewhere in this chapter. For the protection of property values and the character and stability of the various residential, business and industrial districts and for the protection and enhancement of the Borough as a prospective place of residence, employment and commercial, industrial and civic activity and investment, the following requirements are set forth regulating signs in the Borough of Ridgefield:
A. SIGN
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any object, device, display or structure or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event, location, idea, issue or point of view by any means, including words, letters, figures, designs, symbols, fixtures, colors, illumination or projected images, but excluding seasonal holiday displays, the American flag or other governmental flags, athletic scoreboards on school premises, or official announcements and signs of government.
B.
The following general provisions are applicable to all zones:
(1)
Unless otherwise provided for, all signs shall relate to the premises on which they are erected.
(2)
Any signs not specifically permitted are hereby prohibited.
(3)
No sign shall be located within the Borough right-of-way unless no other placement location is feasible to the property owner due to the size and shape of the lot or the existence of previously existing structures on the property. In the case where no other placement is feasible, notice must be given to the Building Department of the Borough so that an alternate location for the sign may be set. This shall not apply to traffic signs and/or other signs installed by governmental agencies.
(4)
No sign shall exceed 20 feet in height above ground level, except signs erected against the side of a building, which signs shall not extend above the height of the vertical wall or cornice to which they are attached.
(5)
Signs may be double-faced, in which case the maximum sign area will apply to only one side.
(6)
The area of a sign shall include every part of the sign, including moldings, frames, posts, pylons or other supporting members.
(7)
Where the face of a sign has openings or is of an irregular shape, the area of the sign, exclusive of supporting members, shall be considered as the total area of the smallest rectangle that can enclose the sign.
(8)
Freestanding signs shall be supported by posts or pylons of durable materials, which may include concrete, steel, treated wood or other suitable material, and shall be set securely in the ground or concrete so that the sign will be capable of withstanding high winds.
(9)
Any sign attached flat against the surface of a building shall be constructed of durable material and attached securely to the building with nonrusting hardware. The use of wood or fiber plugs is prohibited.
(10)
Advertising or identification of an establishment painted on the surface of a building shall be considered part of the total allowable sign area and shall be subject to the regulation of this article.
(11)
Signs attached to the side of the building shall not exceed more than 12 inches from the face of the building.
(12)
Building permits for signs.
(a)
As per the provisions of N.J.A.C. 5:23-2.14(b)(6), a sign that meets the following conditions shall not require a building permit to be erected:
(b)
All signs not meeting the above criteria shall require a building permit. In addition, signs not meeting the above criteria shall also require a zoning permit.
(13)
Whenever a sign becomes structurally unsafe or endangers the safety of the building or the public, the Zoning Officer shall order such sign to be made safe or removed. Such order shall be complied with within 10 days of the receipt thereof by the person, firm or corporation owning or using the sign or the owner of the building or premises on which such unsafe sign is affixed or erected.
(14)
Signs shall not be painted on or affixed to water towers, storage tanks, smokestacks or similar structures.
(15)
The area surrounding ground signs shall be kept neat, clean and landscaped. The owner of the property upon which the sign is located shall be responsible for maintaining the condition of the area.
(16)
Facade signs and freestanding signs for office, commercial and industrial uses, as permitted in this article, may be internally illuminated.
(17)
Temporary signs advertising public functions, fund-raising events other than a building fund for charitable, nonprofit or religious organizations, or political signs as permitted by this article shall be subject to the following conditions:
(a)
A temporary sign may be placed not more than 60 days prior to the function, event, or election to which it applies; and
(b)
A temporary sign must be removed not more than seven days after the function, event, or election to which it applies; and
(c)
The owner of the property on which the temporary sign is placed shall be responsible for its removal; and
(d)
The temporary sign must comply with all other regulations related to signs; and
(e)
The temporary sign advertising a building fund for a charitable nonprofit or religious extension organization may be placed for not more than 10 days from its erection.
(18)
No person shall erect a sign on or over any public property or public right-of-way other than traffic directional signs or signs erected by a governmental entity.
(19)
Window displays, including product displays within five feet of any window and visible from the public viewshed, of tobacco or cannabis smoking paraphernalia shall not occupy more than 20 square feet on any facade and shall be limited to one such display area per establishment;
(20)
External signage advertising the sale of tobacco, cannabidol, or CBD products shall be no larger than nine square feet in area and shall be limited to one such sign per establishment;
C.
The following signs are prohibited:
(1)
Moving or revolving signs and signs using waving, blinking, flashing, vibrating, flickering, tracer or sequential lighting except for a movie theater or Borough property.
(2)
Signs using words such as "stop," "look" or "danger" or any other sign which in the judgment of the Police Chief of the Borough constitutes a traffic hazard or otherwise interferes with the free flow of traffic.
(3)
Roof signs.
(4)
Signs advertising a product or service not sold on the premises, signs advertising or directing attention to another premises and any other sign not related to the premises on which the sign is erected, except for approved signs on Borough property.
(5)
Signs causing interference with radio or television reception.
(6)
Signs obstructing doors, fire escapes or stairways or keeping light or air from windows used for living quarters.
(7)
Signs placed in awnings, trees, fences, utility poles or signs attached to other signs.
(8)
Temporary mobile message signs.
D.
The following signs are permitted in residential districts:
(1)
Nonilluminated directional signs identifying parking areas, entrances, loading zones, exits and similar locations and not exceeding three square feet in area.
(2)
Name and number plates identifying residences and affixed to a house, apartment or mailbox and not exceeding 50 square inches in area.
(3)
Lawn signs identifying residents and not exceeding 1 1/2 square feet in area.
(4)
Nonilluminated real estate signs announcing the sale, lease or rental of the premises on which the sign is located. Such signs shall not exceed six square feet in area in a residential zone.
(5)
Temporary and permanent traffic signs and signals or other signs installed by a government agency.
(6)
Temporary signs advertising public functions or fund-raising events for charitable, nonprofit or religious organizations, the combined total area of all such signs not exceeding an area of 32 square feet in total on one premises.
(7)
Religious institutions, hospitals, nursing homes, private schools and service organizations may have one freestanding or wall sign not exceeding 20 square feet in area.
(8)
Housing developments or garden apartment developments may place one temporary sign at each entrance to the project and at the rental or sales office during the course of the development. One sign shall not exceed 20 square feet in area or six feet in height. Other signs shall not exceed 15 square feet in area or five feet in height.
(9)
One nonflashing sign identifying farms, public and private parks and recreation areas, and not exceeding 30 square feet in area on any one side, and further provided that such sign shall not be closer than five feet to any street or curbline.
(10)
Temporary political signs shall be permitted under this section, pursuant to the regulations set forth herein:
(a)
"Temporary political signs" shall be defined as signs pertaining to federal, state, county or local candidates or questions to be voted upon by the residents of the Township at an upcoming election and shall be subject to the following conditions:
[1]
Temporary political signs shall be placed not more than 60 days prior to the function, event or election to which it applies; and
[2]
Temporary political signs must be removed not more than seven days after the function, event, or election to which it applies; and
[3]
If any temporary political signs are placed on residential properties, consent of the property owners must be obtained; and
[4]
No temporary political signs may be placed within a distance of five feet from the curb of any street or, if there be no curb on a given street, five feet from the edge of the pavement of any street; and
[5]
The combined total area of all such temporary political signs shall not exceed a total of 50 square feet on any one tax lot where such temporary signs are placed and shall not exceed 32 square feet for any individual temporary political sign; and
[6]
On or in the rights-of-way on any state highway or county road, temporary political signs shall not be located or placed closer than within 50 linear feet of any other sign of the same candidate or campaign on any one tax lot; and
[7]
No temporary political signs shall be permitted on Borough property, except as allowed by Subsection D(10)(e) of this section; and
[8]
The owner of the tax lots, and/or the registrant for the signs, on which a temporary political sign is placed shall be responsible for its removal; and
[9]
The temporary political sign must comply with all other regulations related to signs.
E.
The following are permitted signs in nonresidential districts:
(1)
Nonilluminated directional signs identifying parking areas, entrances, loading zones, exits and similar locations and not exceeding three square feet in area.
(2)
Nonilluminated real estate signs announcing the sale, lease or rental of the premises on which the sign is located. Such signs shall not exceed 20 square feet in area for commercial and office uses and 50 square feet in area for industrial properties.
(3)
Temporary signs advertising public functions or fund-raising events for charitable, nonprofit or religious organizations or political signs and not exceeding a combined total area of all such signs of 32 square feet in total on one premises.
(4)
Temporary and permanent traffic signs and signals or other signs installed by a government agency.
(5)
No person shall erect a sign on or over any public property or public right-of-way other than traffic directional signs or signs erected by a governmental entity.
(6)
Religious institutions, hospitals, nursing homes, private schools and service organizations may have one freestanding or wall sign not exceeding 20 square feet in area.
(7)
Each office, commercial use or industry not exceeding two stories in height may have one or more exterior signs identifying or advertising the names of tenants or uses occupying the premises, provided that such sign(s) shall not exceed 10% of the front facade area of the building.
(8)
Freestanding signs.
(a)
Any office, commercial or industrial building over two stories in height having a gross floor area of less than 10,000 square feet shall be permitted one freestanding sign, provided that the area of such sign shall not exceed 40 square feet. Any office, commercial or industrial building having a gross floor area of at least 10,000 square feet shall be permitted one freestanding sign, provided that the area of such sign shall not exceed 50 square feet. Where more than one use is conducted in a building or attached buildings on the same lot, only one freestanding sign shall be permitted.
(b)
Freestanding signs for office, commercial and industrial buildings in excess of 10,000 square feet of gross floor area shall be in accordance with the following schedule:
Gross Floor Area (square feet) | Maximum Size of Sign Face (square feet) | |
|---|---|---|
10,000 to 15,000 | 50 | |
15,000 to 30,000 | 75 | |
30,000 to 50,000 | 100 | |
Over 50,000 | 150 |
(c)
Any office, commercial or industrial building having over 100,000 square feet of gross floor area may have two freestanding signs. The total area of both signs shall not exceed the maximum size sign face of 150 square feet.
(d)
One nonflashing sign identifying farms, public and private parks and recreation areas and not exceeding 30 square feet in area on any one side, and further provided that such sign shall not be closer than five feet to any street or curbline.
§ 390-18.1 Violations and penalties.
[Added 9-27-2010 by Ord. No. 2142]
Any violation of § 390-18 shall, upon conviction thereof, be punishable by a fine of not less than $100 and not to exceed $2,000 or by imprisonment for a term not to exceed 90 days, or both, for each violation committed hereunder. Every day that a violation continues after service of written notice by ordinary mail on the owner of the subject property or the sign registrant or a posting of a copy of said notice on the subject property shall be deemed a separate offense hereunder.
§ 390-19 Off-street parking.
[Amended 5-23-1983 by Ord. No. 1233; 10-22-1984 by Ord. No. 1269; 10-23-1989 by Ord. No. 1384; 2-26-1990 by Ord. No. 1396; 2-24-2003 by Ord. No. 1801; 3-8-2004 by Ord. No. 1861; 5-29-2012 by Ord. No. 2205]
It is the purpose of this section that all structures and land uses shall have a sufficient amount of off-street automobile parking to meet the needs of persons residing in, employed at or making use of such structures or land uses. No permit for the erection or substantial alteration of a structure or for the development of a land use shall be issued unless off-street automobile parking has been provided in accordance with the minimum requirements set forth in Subsection B of this section. All parking spaces provided pursuant to the requirements of this Part 1 shall be on the same lot with the structure or use.
A.
Existing uses and structures exempted. Structures and land uses in existence on the date of adoption or amendment of this Part 1 or structures and uses for which building permits have been issued at the time of adoption or amendment of this Part 1 shall not be subject to the requirements set forth in Subsection B of this section, provided that any parking facilities now existing to serve such structures or uses shall not, in the future, be reduced, except where they exceed such requirements, in which case they may not be reduced below such requirements. No such exempted structure or land use may be extended or enlarged after the effective date of adoption or amendment of this Part 1 unless the structure or land use, taking into account the existing structure or use and the extension or enlargement of the same, will meet the parking requirements established herein.
B.
Schedule of off-street parking requirements. Off-street parking shall be provided for structures and uses as indicated in Table V below. For other structures or uses not listed in Table V, off-street parking requirements shall be determined by the Planning Board of the Borough of Ridgefield.
TABLE V | ||
|---|---|---|
Off-Street Parking Requirements | ||
Structure or Use | Required Parking Spaces | |
Single-family structure | 1 | |
2-family structure | 4 | |
Structure for 3 or more families on same lot | 1 1/4 per housing unit | |
Restaurant, tavern or similar establishment | 1 per 100 square feet of floor area devoted to patron use | |
Theater, auditorium or other place of public assembly | 1 per 3 seats | |
All professional offices; professional buildings; retail-business or consumer-service establishments; wholesale, storage, utility, assembly or industrial establishments; telephone exchanges; office buildings; or laboratories | 1 for each 500 square feet of gross floor area, which parking must be contained in the rear of the building, with 2 driveways at least 9 feet wide provided for both ingress and egress at opposite sides of said building, provided that in no event shall there be less than 1 parking place per employee | |
C.
Joint use of facilities by more than one structure or use. Where two or more different uses occur on a single lot, the total amount of parking facilities to be provided shall be the sum of the requirements for each individual use on the lot, except that the Board of Adjustment may approve the joint use of parking space by two or more structures or uses on the same or on contiguous lots, the total capacity of which space is less than the sum of the spaces required for each, provided that the Board of Adjustment finds that the capacity to be provided will substantially meet the intent of the off-street parking requirements by reason of variation in probable time of maximum use by residents, patrons or employees of such structures or uses.
D.
In all residential districts, there shall be parking permitted for no more than one commercial vehicle per household. Such commercial vehicle shall not exceed 3/4 ton in weight capacity, as is defined by the regulations of the Department of Motor Vehicles, and must be garaged at all times when parked at the household or must otherwise be parked in the rear of the household and screened from view from adjoining properties.
E.
In all residential districts, there shall be permitted no more than one unregistered vehicle per lot. Two or more unregistered vehicles shall constitute a junkyard. Any and all unregistered vehicles must be removed from the premises within 60 days of the expiration or other loss of vehicle registration.
F.
It shall be unlawful for the owner, tenant or other person in control of property to take any action which effectively precludes, prohibits, obstructs or otherwise has the effect of substantially diminishing the use and availability of the off-street parking which is required under this section or which is provided pursuant to approval of any development by the Planning Board or Zoning Board of Adjustment.
G.
In all residential zoning districts, motor vehicles may only be parked on impervious surfaces. No motor vehicle may be parked on surfaces without impervious coverage, such as grass areas on any residential property.
§ 390-20 Off-street loading.
A.
Off-street loading space shall be required for all industrial uses in District F. Such off-street loading space shall be provided at the ratio of one loading space for each 5,000 square feet of floor area or fraction thereof, except that one space shall be provided for each 10,000 square feet of floor area in excess of the first 7,500 square feet of floor area.
B.
Paving required for off-street parking and loading zones.
(1)
In Districts A, B and C, off-street parking and loading zones shall be paved with a minimum pavement of four-inch asphalt penetration macadam.
(2)
In Districts D, E and F, off-street parking and loading zones shall be paved with a minimum pavement consisting of a six-inch penetration macadam base with a one-and-one-half-inch bituminous-concrete surface.
§ 390-21 Area, yard and height requirements.
A.
Required area and yards may not be counted more than once. No lot area, yard or other open space provided about any structure or use for the purpose of complying with the requirements of this Part 1 shall be counted as any part of the lot area, yard or open space required for any other structure or use. No lot area, yard or other open space on one lot shall be counted as the lot area, yard or open space for a structure or use on any other lot.
B.
Area. No lot shall be so reduced in area that any required yards or open spaces will be smaller than that prescribed in the regulations for the district in which such lot is located.
D.
Yards.
(1)
Terraces. A paved terrace shall not be considered in the determination of yard sizes or lot coverage; provided, however, that such terrace is unroofed and without walls, parapets or other forms of enclosure. Such terrace, however, may have an open guardrailing not over three feet in height and shall not project into any yard to a point closer than four feet from any lot line.
(2)
Porches. Any open or enclosed porch shall be considered a part of the building in the determination of the size of yard or lot coverage.
(3)
Projecting architectural feature. The space in any required yard shall be open and unobstructed, except for the ordinary projection of windowsills, belt courses, cornices, eaves, chimneys, ornamental light fixtures and other architectural fixtures; provided, however, that such fixtures shall not project more than two feet into any required yard, or steps necessary for access to a building, provided that such steps shall not project more than four feet in any presently required side or rear yard or five feet in a required front yard. This subsection shall not be interpreted to permit the construction, alteration, extension or addition of steps four feet in width where the building to which they are to be constructed, altered, extended or added has side yards of less than four feet and seven feet respectively.
(4)
Bay windows. Bay windows, including their cornices and eaves, may project into any required yard not more than two feet; provided, however, that the sum of such projections on any wall does not exceed 1/3 the length of said wall.
(5)
Fire escapes. Open fire escapes may extend into any required yard not more than four feet six inches.
(6)
Front yard depth. In any residence district, each newly erected structure shall have a front yard depth of at least 25 feet. With respect to improvements made to preexisting structures, each structure shall have a front yard equal in depth to the average depth of the front yards of the lots immediately adjacent thereto on either side, but no yard shall be less than 15 feet, nor need any front yard have a greater depth than 25 feet.
[Amended 9-27-1999 by Ord. No. 1673]
(7)
Reduction in rear yards. When a lot is less than 100 feet deep at the time this Part 1 is adopted or amended, the rear yard may be decreased one-fourth (1/4) of the distance that the lot depth is less than 100 feet; provided, however, that no rear yard shall be less than 10 feet in depth.
(8)
Decks. Decks in all residential districts shall be required to comply with all maximum coverage and setback requirements when they are more than three feet in height. Decks that are three feet or less but more than eight inches in height off the ground shall not be included in the maximum coverage requirement, but rear and side yard setback requirements shall apply. When decks are eight inches or less in height, they shall not be included in maximum coverage requirements and side yard setback requirements but shall be required to comply with all other setback requirements. Notwithstanding any of the above, a deck which is no more than 200 square feet in size and has no side which is greater than 20 feet in length shall not be required to meet maximum coverage requirements.
[Added 10-23-1989 by Ord. No. 1384]
E.
Height exceptions.
(1)
In Zones A, B, C and D, the height limitations shall strictly apply.
(2)
In Zones E and F, the height limitations of this Part 1 shall not apply to church spires, belfries, cupolas, chimneys, smokestacks, water towers, flagpoles, transmission towers, transmitting or receiving antennas and standpipes; provided, however, that construction, erection or alteration of a structure in Zones E and F in excess of the applicable height limitation shall be considered a special exception and shall be treated in accordance with the provisions of Article VIII, § 390-33, of this Part 1.
F.
Building height. Building height shall be measured from the average curb height and shall apply from the front setback line. Where, however, the land slopes upward from the front curbline to the rear, the difference in height from the front curbline to the setback line shall be added to the permissible height of the finished building when measured from the curbline. It shall be unlawful to regrade the property so as to increase the height above the curbline.
[Added 10-22-1984 by Ord. No. 1269; amended 7-8-1985 by Ord. No. 1285]
G.
Basement. The basement shall be that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof above which is partly or completely below grade; provided, however, that a basement shall be considered a story when the distance from grade to the finished surface of the floor above the basement is more than four feet for more than 50% of the total perimeter or more than 12 feet at any point.
[Added 10-22-1984 by Ord. No. 1269; amended 7-8-1985 by Ord. No. 1285; 5-29-1990 by Ord. No. 1406; 8-10-1992 by Ord. No. 1479; 12-28-1992 by Ord. No. 1484]
H.
Story. A story is defined as that portion of a building included between the upper surface of a floor and the upper surface of the floor or roof next above; provided, however, that a basement shall be considered a story when the distance from grade to the finished surface of the floor above the basement is more than four feet for more than 50% of the total perimeter or more than 12 feet at any point.
[Added 10-22-1984 by Ord. No. 1269; amended 7-8-1985 by Ord. No. 1285; 5-29-1990 by Ord. No. 1406; 8-10-1992 by Ord. No. 1479; 12-28-1992 by Ord. No. 1484]
I.
One-half story. A one-half story is defined as that portion of a building having an average clear height of not more than six feet which shall only be used as an attic or for storage and shall not be habitable.
[Added 5-29-1990 by Ord. No. 1406; amended 8-10-1992 by Ord. No. 1479; 12-28-1992 by Ord. No. 1484]
§ 390-22 Transition regulations.
A.
Access driveways and walkways to uses prohibited in Districts A and B. In Districts A and B, no driveway or walkway shall be permitted which provides access to any use or structure not permitted in Districts A and B. This section shall be interpreted to prohibit in Districts A and B any driveway or walkway providing access to uses or structures situated in any adjacent districts which, though permitted in such adjacent district, are not permitted in Districts A and B.
B.
Side yard and rear yard transition. Where a lot in a business or industrial district abuts a lot in a residential district, there shall be provided in the lot in a business or industrial district along such abutting lines a yard no smaller in width or depth than that required in the residential district.
C.
Front yard transition. Where the frontage on one side of a street between two intersecting streets is zoned partly as residential and partly as business or industrial, the front yard depth in the business or industrial district shall be no smaller than the required front yard depth of the residential district.
D.
Corner lots transition. A building erected on a corner lot shall be required to comply with the setback line on only its narrow street front. In cases where the two frontages of a corner lot vary in length, the lot shall be deemed to be situated on the street containing the narrower frontage, in computing the average setback line. Where the two street frontages of a corner lot are of the same length, the owner may elect which street is to govern the setback line of the building.
[Amended 10-23-1989 by Ord. No. 1384]
§ 390-23 Fences.
[Amended 5-12-1986 by Ord. No. 1303; 10-23-1989 by Ord. No. 1384]
No fence, wall or structure or planting used as a fence shall be permitted in any residential district, except as permitted by the Ridgefield Swimming Pool Ordinance[1] and except as follows:
A.
No fence, wall or structure or planting used as a fence which is more than six feet in height shall be permitted in a rear or side yard.
B.
No fence or structure or planting used as a fence which is more than four feet in height shall be permitted in a front yard; provided, however, that for corner lots, the front yard shall be determined in accordance with § 390-22D so that the narrower side of the lot shall constitute the front yard. In cases where the two street frontages of a corner lot are of the same length, the owner may elect which side of the lot shall constitute a front yard for purposes of this Part 1.
[Amended 8-5-1991 by Ord. No. 1448]
C.
No solid masonry wall which is more than three feet in height shall be permitted in a front yard.
D.
No solid board fence shall be permitted.
E.
No fence shall be permitted with the finished side facing toward the homeowner's property, except:
(1)
When the fence abuts property used for commercial purposes;
(2)
When the fence abuts Borough-owned property;
(3)
When the fence abuts Wolf Creek;
(4)
When the fence abuts an area which contains vegetation or landscaping which substantially prevents the fence from being seen from the adjoining property; or
(5)
When the fence abuts an opaque fence.
F.
No stockade fence shall be permitted in the front yard.
[Amended 11-20-1995 by Ord. No. 1541]
G.
Visibility at intersections. On a corner lot in any residential district, no fence, wall, hedge or other structure or planting more than three and one-half (3 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 said street lines at points which are 30 feet distant from the point of intersection measured along said street lines.
§ 390-23.1 Retaining walls.
[Added 4-22-2013 by Ord. No. 2224; amended 9-9-2013 by Ord. No. 2233]
A. ARCHITECTURAL WALL LANDSCAPE RETAINING WALL RETAINING WALL RETAINING WALL HEIGHT STRUCTURAL RETAINING WALL TOE OF THE WALL TOP OF THE WALL WALL
Definitions. As used in this section, the following terms shall have the meanings indicated:
A wall that is purely decorative in nature and does not stabilize any surface, prevent erosion, or protect a structure.
A wall that is constructed between lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures, but does not exceed 18 inches in height.
A wall that is constructed between lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures.
The height of a wall shall be measured from the toe of the wall to the top of the wall.
A wall that is constructed between lands of different elevations to stabilize the surfaces, prevent erosion, and/or protect structures, and is greater than 18 inches and less than four feet in height.
The intersection of the face of a wall and the adjacent ground at the base of the wall.
The highest elevation of any part of the wall.
Any permanent upright structure having a length at least three times greater than its thickness and presenting a continuous vertical surface.
B.
Regulations applicable to all architectural and retaining walls.
C.
Regulations pertaining to architectural walls.
(1)
Maximum height. Architectural walls shall not exceed a height of three feet.
(2)
Fencing, as permitted in residential use, may be placed on top of architectural walls. The use of barbed wire or wire on which barbs or points are strung is prohibited.
(3)
Architectural walls may be constructed of brick, stone, or other durable materials, but may not be constructed of cinderblock.
(4)
Any architectural wall facing on a street or property line shall have the finished surface exposed to said street or property line.
D.
Regulations pertaining to retaining walls.
(1)
Landscape retaining walls.
(a)
Landscape retaining walls shall not be located closer to a property line than twice the height of the wall, provided that if the grade shall be raised, said wall shall be no closer than five feet from the property line.
(b)
Landscape retaining walls shall be constructed of stone, brick, or other materials, with the exception of cinderblock.
(2)
Structural retaining walls.
(a)
Construction of all structural retaining walls shall require the issuance of a construction and zoning permit, other than when constructed as a component of an approved site plan. For structural retaining wall projects not requiring lot grading plans per § 390-136B(13), the Zoning Officer, upon review of the construction/zoning permit application, shall forward the permit and application to the Construction Official who, upon completion of his/her review thereof, may require that the applicant obtain a lot grading plan approval pursuant to the requirements of § 390-136B(13).
(b)
All structural retaining walls shall be designed by a New Jersey licensed design professional engineer or architect with signed and sealed plans submitted to the Engineer for review and approval if a lot grading plan is required; otherwise, if no lot grading plan is required, then the same shall be submitted to the Construction Official for verification that the structural retaining wall was designed by the specified professional.
(c)
The construction of all structural retaining walls shall be inspected by a New Jersey licensed design professional engineer or architect, and a signed and sealed certification that the wall has been properly constructed shall be submitted to the Engineer upon completion of the wall.
(3)
Height of retaining walls in any residential district.
(a)
The maximum height of any retaining wall, section of retaining wall, or tier of a retaining wall shall be four feet.
(b)
Multiple, staggered or tiered walls shall be considered single walls, provided there is a minimum horizontal distance between the top of any single section or tier and the base (toe) of the next higher section or tier equal to at least 1 1/2 times the height of the lower section or tier. If there are more than three single sections or tiers, the minimum horizontal distance between the top of any single section or tier and the base (toe) of the next higher section or tier shall be at least two times the height of the lower section or tier.
(c)
Structural retaining walls which are generally parallel to and within 10 feet of a sidewalk are limited to a height of 30 inches.
(4)
Location of structural retaining walls.
(a)
No portion of a structural retaining wall shall be located within 10 feet of a dwelling, unless the structural retaining wall is an extension of a building foundation wall.
(b)
No portion of a structural retaining wall shall be located within 15 feet of any aboveground structure, such as a deck, unless the structural retaining wall is an extension of a building foundation wall.
(c)
A structural retaining wall shall be located no closer than five feet to a property, or twice the height of the wall or wall segment, whichever is greater. The applicant must demonstrate that a structural failure of the retaining wall will not have an adverse impact on any adjoining property.
(5)
Design of structural retaining walls.
(a)
Plans for structural retaining walls shall demonstrate how all segments of the structural retaining wall, including any area located between two tiered wall sections, commonly known as the bench area, will be maintained.
(b)
Plans shall demonstrate how the structural retaining wall will be replaced at the end of the wall's useful life.
(c)
The bench, or area between the top of one tier and the bottom (toe) of the next higher tier, shall have a minimum grade of 2% to allow for positive drainage.
(d)
Structural retaining walls may be constructed of stone, brick, or other durable materials, with the exception of cinderblock.
(e)
No landscaping shall be installed in the vicinity of any structural retaining wall with a root system of such magnitude to exert lateral pressure, or otherwise cause damage to the wall assembly.
§ 390-24 Exterior mechanical equipment.
[Added 10-23-1989 by Ord. No. 1384]
All exterior mechanical equipment in residential zones, including but not limited to air-conditioning units, heat pumps and swimming pool pumps, shall not be located within 10 feet of any property line and shall not be located within 15 feet of any residential structure on an adjoining property and shall not be permitted within either the front or side yard of the premises.
§ 390-25 Driveways; parking of vehicles.
[Added 10-23-1989 by Ord. No. 1384; amended 3-8-2004 by Ord. No. 1857; 9-19-2018 by Ord. No. 2344]
For all lots on which there are structures used for one- and two-family residential purposes, the following regulations shall apply:
A. CURB OPENING (CURB CUT/DROP CURB) DRIVEWAY APRON DRIVEWAY
The following definitions shall apply to this section:
The opening along the curbline at which point vehicles may enter or leave the roadway.
Driveway area extending from the curb to the sidewalk. Whenever there is no sidewalk or curb, the driveway apron shall extend from the gutter line of the pavement to the street line.
A paved area used for ingress or egress of vehicles and allowing access from a street to a lot, building or other structure or facility.
B.
The width of driveways in front yards shall not exceed 12 feet per building lot, except that properties with garage openings of two cars or more, driveway widths may be 23 feet.
C.
There shall be no more than a single driveway and curb opening for each lot to which the section applies. Contiguous lots that are used jointly in connection with a single residential structure are to be considered a single lot for purposes of this section.
D.
Automobiles may be parked only on the impervious area of a driveway and not on any other part of a front yard.
E.
Driveway aprons, at the point where the apron meets the sidewalk or driveway, shall be no wider than the width of the driveway in the front yard. Curb openings may be no wider than 1.25 times the width of the driveway apron, and aprons may be angled so that the opening at the curb is wider than the opening where the apron meets the sidewalk or driveway.
F.
Whenever new sidewalks shall be constructed or existing sidewalks shall be reconstructed, and whenever there is an existing curb, or a curb is to be constructed in conjunction with the sidewalk driveway, aprons shall be of concrete. All concrete driveway aprons shall extend from the curb to the sidewalk.
G.
Driveway widths shall be measured from the two widest points of the driveway irrespective of whether the area within those points is fully paved.
H.
Driveways shall be constructed of either macadam, concrete, or concrete or clay pavers. For purposes of this section, concrete or clay pavers, once installed, are to be considered an impervious surface.
§ 390-25.1 Short-term rentals prohibited.
[Added 9-21-2016 by Ord. No. 2310]
Notwithstanding any other contrary provisions as contained in this chapter, the renting or leasing of a dwelling unit for residential occupancy for a period of 30 days or less is not a permitted use by or within the Borough of Ridgefield as more specifically provided in Ordinance No. 2310-2016, as appears in the Ridgefield Code, the terms and provisions of which are incorporated into this provision of the Zoning Ordinance.
§ 390-26 Dog runs.
[Added 10-23-1989 by Ord. No. 1384]
All dog runs in residential districts shall be located a minimum of 10 feet away from the property line.