Ridgefield Park City Zoning Code
ARTICLE V
Residential, Lot, Height and Yard Regulations
§ 96-5.1 Existing zone lots of record.
A.
In any residential zone, only a one-family dwelling may be erected on a nonconforming lot of official record at the effective date of this chapter, irrespective of its area or width; provided, however, that no adjacent or adjoining vacant land exists or existed at the time of the effective date of this chapter which would create a conforming lot if all or part of said vacant land were combined with the subject lot. No lot or lots in single ownership hereafter shall be reduced so as to create one or more nonconforming lots.
B.
The area or dimension of any zone lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, and if already existing as less than the minimum required by this chapter, said area or dimension may be continued and shall not be further reduced.
C.
Any nonconforming lot existing on or before October 22, 1968, for use as a single-family dwelling, may have a building permit issued without an appeal for a variance, provided the new structure or addition does not violate the building coverage requirements, any height or setback requirements and the parking requirements and the nonconforming lot abuts lots on either side that are developed and the nonconforming lot is the largest possible assemblage of contiguous land under the preceding subsection. The side and rear yards may be reduced by the same percentage that the area of the undersized lot bears to the zone district requirements, except that no yard shall be less than 1/2 that required by this chapter or five feet, whichever is greater, as set forth in this chapter.
D.
Two-family dwellings shall be a permitted use in the R-2 Residential Zone subject to the submission of a plot plan to the Planning Board as defined under § 96-2.2 herein. All two-family buildings that are to be constructed as a new building, an expansion of a one-family residence to a two-family dwelling; or a modification in an existing two-family dwelling, whether or not the application requires one or more "c" variances shall be required to submit a plot plan to the Planning Board.
E.
Whenever land has been dedicated to the Village in order to meet the minimum street width requirements or to implement the Official Map or Master Plan, the Building Inspector shall not withhold a building and/or occupancy permit when the lot depth and/or area was rendered substandard due to such dedication and where the owner has no adjacent lands to meet the minimum requirements.
F.
For any zone lot which is located in more than one zone district, which districts differ in character by permitting residential, commercial, office or industrial uses, all yard, bulk and other requirements shall be measured form the zone boundary line and not the true lot line.
§ 96-5.2 Building coverage.
The maximum building coverage for any lot shall not be greater than is permitted in the district where such buildings and structures are located and shall include all principal and accessory buildings and roofed porches, roofed decks, and roofed elevated patios.
§ 96-5.3 Lot coverage.
A.
The maximum lot coverage for any lot shall not be greater than is permitted in the district where such buildings and structures are located and shall include principal and accessory buildings as well as all areas of impervious surfaces such as walkways, driveways, garages, patios, swimming pool hard surfaces, parking areas and detention and water quality basins.
B.
Within the R-1, R-2, R-3, R-4 Zones, single-family and two-family residences, where established as a principal permitted use, shall maintain a maximum improved lot coverage within the required front yard setback area of no greater than 40%. However, no off-street parking within the required front yard shall exceed 20 feet in width.
C.
The maximum permitted building coverage for one-family and two-family houses is 2,500 square feet or as per Schedule 2, whichever is less.
D.
The maximum permitted impervious surface coverage for one-family and two-family houses is 5,000 square feet or as per Schedule 2, whichever is less.
§ 96-5.4 Lot width.
The minimum lot width shall be measured at the front yard setback line as required for the district in which it is located. In case of irregularly shaped lots whose sides are not parallel, the width of the lot shall not be less than 75% of the required lot frontage measured at the front lot line.
§ 96-5.5 Corner lots.
A.
Corner lots and sight triangles. At all street intersections, no obstruction exceeding 30 inches in height above the established grade of the street at the property line, other than an existing building, post, column, hedge or tree, shall be erected or maintained on any lot within the area bounded by the line drawn between points along such street lot lines 25 feet distant from their intersection.
B.
Corner lots shall have front yard setback dimensions along each street. The front of the lot shall be the mailing address of the property. There will be one side yard setback and the rear yard setback shall be measured from the lot line parallel to the front lot line.
§ 96-5.6 Through lots.
A through lot shall be considered as having two street frontages, both of which shall be subject to the required front yard requirements of the Zoning Schedule of this chapter. The remaining lot lines shall be considered as side lot lines for the purpose of determining setback requirements.
§ 96-5.7 Street frontage.
A.
Every lot or parcel created by subdivision and every principal building built upon a lot shall provide frontage upon an improved and approved street in accordance with the street standards established by the Village.
B.
Any property which contains access to one or more approved and improved streets at its property line but does not contain sufficient street frontage as required herein shall not be construed to be landlocked. Where such conditions do exist or are created by virtue of a subdivision, no building permit or occupancy permit shall be granted unless and until said property contains the required amount of street frontage as required herein.
C.
This provision is not to be construed to provide any building or zone lot which contains less street frontage than required herein or to create a building or zone lot, with an existing structure or structures located thereon, with less street frontage than as required.
D.
The minimum lot frontage shall be measured at the front lot line or street line as required for the district in which it is located. In cases of irregularly shaped lots whose sides are not parallel, the minimum street frontage shall not be less than 75% of the required minimum lot width.
§ 96-5.8 Height regulations.
A.
No building or structure shall have a greater number of stories or greater number of feet than are permitted in the district where such building is located.
B.
All rooftop appurtenances shall be appropriately screened from all adjoining properties with architectural screening, the material, color and composition of which shall be approved by the appropriate Land Use Board.
C.
Permitted exceptions. Height limitations stipulated elsewhere in this chapter shall not apply to church spires, belfries, cupolas and domes, monuments, chimneys, flagpoles, fire towers, water towers or to necessary mechanical appurtenances or to parapet walls, except that no parapet wall may extend more than four feet above the limiting height. A parapet wall less than four feet in height shall provide a railing on top of the wall as determined by Village fire officials.
D.
Height of a principal structure which exceeds the maximum building height in the zone district. The height of any principal structure that exceeds the maximum building height within the zone district in which it is located by 10 feet or 10% of the maximum height shall constitute a "d(6)" variance under N.J.S.A. 40:55D-70. Under these conditions, the Board of Adjustment shall have exclusive jurisdiction over the application.
E.
The maximum permitted building height is limited to 32 feet for single- and two-family homes. The maximum permitted height from the finished first floor to the grade plane shall be limited to five feet above the grade plane. All roofs shall have a minimum pitch of four inches vertical distance to each 12 inches of horizontal distance.
F.
All measurements for purposes of height shall be to the peak of the proposed roof. All roofs shall have a minimum pitch of four inches vertical distance for each 12 inches of horizontal distance. Flat roofs are prohibited.
§ 96-5.9 Yard regulations.
A.
Within the R-1, R-2, R-3 and R-4 Zones, for single-family and two-family residences, where established as a principal permitted use, on any block front where the average of the front yard setbacks along a given street in the same block is greater than the minimum setback required by this chapter, the minimum front yard setback shall be increased to be equal to the average of the existing front yard setbacks.
B.
Required yards shall be open to the sky, unobstructed except for the ordinary projection of parapets, windowsills, doorposts, rainwater leaders and other similar ornamental or structural fixtures which may not project more than six inches into such yards.
C.
Cornices, canopies, eaves, bay windows, balconies, fireplaces, uncovered stairways and necessary landings and chimneys and other similar architectural features may project a distance not to exceed two feet.
D.
Patios may be located in any side or rear yard, provided that they are not closer than five feet to any property line.
E.
Chimneys and flues may be erected within any yard, provided they do not exceed 10 square feet in aggregate external area.
F.
Self-supporting walls and fences may project into any required side or rear yard, provided that any accessory retaining wall or fence is not higher than six feet in height. Fences and walls in the front yard shall not exceed four and shall not obstruct automobile vision. The requirements of § 96-5.5A shall also apply where applicable.
G.
Front yard requirements affected by the Official Map. Where any lot shall front on a street right-of-way which is proposed to be widened as indicated on the Official Map of the Village, the front yard and the front or side yard of a corner lot in such district shall be measured from such proposed right-of-way line.
§ 96-5.10 Number of buildings restricted.
There shall be no more than one principal residential building on each lot in the R-1, R-2, R-3, and R-4 zones, except as may be permitted for townhouses and apartments.
§ 96-5.11 Basement use.
Basements may be used for habitable space purposes if they meet the definition of "basement." Cellars may not be used for dwelling purposes. Basements shall not be used as separate dwelling units. Basement habitable spaces shall comply with all building and subcode regulations.
§ 96-5.12 Attic use.
Use above the second floor in one- and two-family homes is intended to be utilized as storage space. If the attic space qualifies as a half-story, the space may be used as habitable space. Attic habitable spaces shall comply with all building and subcode regulations. See "half-story" definition.
§ 96-5.13 Accessory structures and uses in residential zones.
A.
Any accessory building or structure attached to a principal building shall be considered part of the principal building and shall adhere to the yard and coverage requirements of the principal buildings.
B.
No accessory structure shall be located in the front yard of any lot. On corner lots, an accessory structure may be located on the side street but must meet the principal building front yard setback requirements.
C.
Accessory structures shall only be constructed in the side and rear yard of any lot.
D.
No accessory structure(s) shall exceed 20% of the rear yard or side yard area or 650 square feet in size, whichever is less.
E.
No accessory structure shall exceed 15 feet in height.
§ 96-5.14 Fences and walls.
Fences and walls shall not be located in any required sight triangle nor, in any residential district, shall a fence be over six feet high in side and rear yards and four feet high in front yards and all yards fronting on a public street. Any fence that fronts on a public street shall have a minimum of 30% of its facade open to the air and light. Any fence or wall in the front yard shall be located either two feet from the front property line or two feet behind the sidewalk whichever is greater. The height restriction shall not include decorative fence posts with a maximum height of eight inches above the top of the fence. All fences shall be constructed so that the decorative side of the fence faces the street or adjoining property. Fences and walls require a building permit from the Building Department.
§ 96-5.15 Home occupations.
Home occupation uses are permitted as accessory uses in all residential zones. Home occupations shall conform with the following standards:
A.
A home occupation shall be incidental to the principal use of a dwelling unit for residential purposes. The area set aside for home occupations and/or for storage purposes in connection with a home occupation shall not exceed 25% of the floor area (FA) of such residence and shall be restricted to the first floor of the home. In calculation of FA, the area of garages, basements, cellars and attics shall be excluded from such calculation.
B.
There shall be no outdoor storage of materials or equipment. Merchandise shall not be displayed or offered for sale either within or outside the residence.
C.
A home occupation shall be carried on wholly within the principal building. No home occupation or storage in connection with a home occupation shall be allowed in accessory buildings or detached garages, driveways, walkways or yards.
D.
There shall be no change in the outside appearance of the dwelling or premises or any visible evidence of the conduct of a home occupation. No advertising displays or signs shall be permitted, except for a nameplate indicating the name and profession of the resident consistent with this chapter's requirements for signs.
E.
No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in the line voltage off the premises. No hazardous or toxic materials, as defined by state or local codes, shall be stored on the premises.
F.
The home occupation must be conducted by a person who occupies the premises as his or her principal residence.
G.
The occupant who conducts the home occupation must apply for and obtain a zoning permit prior to commencement of the home occupation.
H.
All home occupations shall submit an application for approval of the proposed use to the Planning Board for review and approval.
§ 96-5.16 Private recreation courts.
Private recreation courts (i.e., tennis, basketball) are permitted as an accessory use in the R-1 and R-2 Zones only, provided that:
A.
The improved lot coverage does not exceed that permitted by the Schedule of District Area, Yard and Bulk Requirements.
B.
The recreation court shall not be located closer than 15 feet to any side lot line and not closer than 20 feet from any rear lot line.
C.
The recreation court can only be located in the rear yard portion of the premises.
D.
A fence with a maximum height of 10 feet shall be permitted incidental to the court.
E.
Lighting designed for illumination of the recreation court for night use is prohibited.
F.
The court may be used only by the residents of the premises and their nonfee-paying guests and shall not be used as a revenue-generating operation.
G.
Pickleball courts are specifically not permitted under this section.
§ 96-5.17 Short-term rental use in residential districts prohibited.
The short-term rental of residential dwellings or a portion of a residential dwelling for any period of time less than 30 days is prohibited. Rental apartments or residences shall not be occupied by short term occupants obtained through short term rental businesses such as Airbnb, Vacation Renter, Home to Go or Air DNA.