Ridgewood City Zoning Code
§ 190-119
General provisions.
A.
Yards. There shall be provided for every lot front, rear and side yards as required in the zone district in which such lot is located. No open space which has been counted or included as a part of a side yard, rear yard, front yard, court or other open space as required by this chapter for one building may, by reason of change of ownership or for any other reason, be counted or included in order to comply with the yard, court or other open space requirement of any other building. in addition, the following general regulations shall apply:
[Amended 7-18-2001 by Ord. No. 2744; 2-11-2004 by Ord. No. 2862; 3-23-2016 by Ord. No. 3493; 4-12-2017 by Ord. No. 3591; 9-12-2018 by Ord. No. 3668; 9-12-2018 by Ord. No. 3669; 11-8-2023 by Ord. No. 3973]
(1)
Front yards.
(a)
All front yards must face upon a dedicated public street and shall be of the size required for the particular zone district in which the lot is located, provided that, on streets less than 50 feet in width, the required front yard shall be increased by 1/2 the difference between the width of the street and 50 feet, and provided further that any lot which abuts a street with a proposed right-of-way greater than 50 feet in width as shown on the Master Plan for streets of the Village shall have a front yard setback measured from the nearest line of the proposed building or structure to the proposed right-of-way line shown on such Master Plan. In the event a street, or part thereof, is located within an easement, or is proposed to be widened within an easement, rather than within a dedicated right-of-way, the front yard setback shall be measured from the casement line.
(b)
In the B-1 and B-2 Zone Districts, all new buildings and additions to existing buildings shall conform to the existing established front yard setback line of the buildings located on each side of the subject property. In the event that the front yard setback on each side of the subject property is not the same distance from the center line of the abutting street in question, then the Planning Board, as part of site plan review, shall determine the required setback line for the subject property which shall not be less than the setback of the abutting property that is closest to the street right-of-way line nor greater than the setback of the abutting property that is farthest from the street right-of-way line.
(c)
In the B-1 and B-2 Zone Districts, where there are no adjacent buildings that are located in the business districts to determine the required front yard setback, the following minimum dimensions shall apply:
(d)
Mean prevailing front yards. Where an application for development is located in the R-125, R-110, R-1, R-2, or R-3 Zone in an area with a standard lot pattern and established residential character, the required front yard shall be determined by calculating the mean prevailing front yard. The purpose of establishing a mean prevailing front yard is to ensure that new construction or additions are consistent with the established streetscape in the Village's neighborhoods.
The mean prevailing front yard shall not be calculated in parts of the Village with a pattern of irregular lot shapes and sizes and for streets defined by curves and elevation changes that do not have a consistent streetscape.
Prior to the submission or filing of any development application which may involve the mean prevailing front yard, it shall be applicant's obligation to have the Zoning Officer determine the applicability of the mean front yard regulations. If such determination is not made prior to the filing of such development application, the Zoning Officer shall be authorized to determine its applicability.
The mean prevailing front yard setback to be applied to a lot shall be determined as follows:
[1]
The applicant shall determine the front yard setback for the principal dwellings on the five nearest tax lots to the subject property in each direction, on the same side of the street, within the same block, and within the same zoning district. The measurement shall not include the setback from the street for corner lots, where the front yard of the corner lot is measured from a different street. In calculating the mean prevailing setback, the largest and smallest setback shall not be included in the calculation. Setbacks shall be measured to the nearest part of the house excluding porches and stoops.
[2]
If the mean prevailing front setback as calculated is either greater than the minimum required setback by five or more feet or less than the minimum required setback by five or more feet, then the building setback shall be within two feet of the calculated mean setback. For example: The minimum required front yard setback in the R-1 Zone is 40 feet. The calculated mean front yard setback of the homes on the south side of Tree Lane is 32 feet. Therefore, a new building on the south side of Tree Lane shall have a front yard setback of between 30 feet and 34 feet.
[3]
If the mean prevailing setback as calculated for a lot is not more than five feet greater or five feet less than the minimum required setback, then the building setback shall be setback a distance between the minimum required setback and the minimum required setback plus five feet. For example: The minimum required front yard setback in the R-1 Zone is 40 feet. The calculated mean front yard setback of the homes on the north side of Tree Lane is 42 feet. Therefore, a new building on the south side of Tree Lane shall have a minimum front yard setback of between 40 feet and 45 feet.
[4]
If a street contains three or fewer dwellings or there are three or fewer dwellings within the same zone within five lots of the subject property, then a prevailing setback shall not be established and the minimum front yard requirement in the zone shall apply.
(2)
Yards on corner lots. All yards on corner lots abutting any street shall be construed as front yards and shall be subject to the front yard setback requirement of the zone in which said lot falls.
(3)
Yards abutting railroads and state highways. Unless specifically provided otherwise by the regulations for individual zone districts, the yard requirement for any residentially zoned lot that abuts a state highway or active railroad shall increase the yard requirement for that yard that abuts said highway or railroad by 50%.
(4)
Projections and encroachments. Except as hereinafter specified, yards and courts required under this chapter shall be entirely free of principal buildings or parts thereof:
(a)
Cornices and eaves may project not to exceed two feet over any required yard or court.
(b)
Sills, leaders, belt courses and similar ornamental or structural features may project six inches into any required yard or court.
(c)
An open fire balcony or fire escape may project into a required yard not more than four feet.
(d)
Ground-story bay windows or oriels may project not more than three feet into any required yard in the R-125, R-110, R-1, R-1A, R-2 and R-3 Zone Districts.
(e)
Chimneys with or without fireplaces may also project not more than 18 inches into any required yard in the R-125, R-110, R-1, R-1A, R-2 and R-3 Zone Districts. The total area of such encroachment shall not exceed 12 square feet.
(g)
No steps or stairs shall extend into any street right-of-way in any zone district. Unenclosed stairs may extend not more than 60 inches into any required front yard. Unenclosed steps may extend not more than 60 inches into any required rear yard or 36 inches into any required side yard.
(h)
Window-mounted air-conditioning units, fans and similar window-mounted equipment designed to provide heating, ventilating or air conditioning through such window may project into a required yard not more than three feet.
(i)
An unenclosed front porch may extend not more than 60 inches into a required front yard, provided that a deed restriction is filed to prevent future enclosure, and further provided that all other bulk standards are met by the property.
(5)
Lot line and yard determinations for uncommon or atypical lots. In the event that the definitions of lot lines and yards in § 190-3 do not allow for a clear or reasonable determination of front, rear and side lot lines or yards, as for example in the case of flag lots or land-locked parcels which may be nonconforming or created by variance, the determination of such lot lines and yards shall be made by the Zoning Officer. Any such determination may be appealed following the procedures set forth in § 190-29, and a formal interpretation of the applicable lot lines and yards may be obtained following the procedures set forth in § 190-30. In making such determination, deciding such appeals and in making such interpretations, the following guidelines shall apply:
(a)
Generally, the common boundaries between lots are to be defined the same. Thus, if the common boundary is a rear lot line for one lot, it is to be considered a rear lot line for all lots that share that boundary. The same case applies when a common boundary is a side lot line. There are exceptions to this principle, however, such as when a rear lot line on a corner lot is also the side lot line of the property sharing the same boundary.
(b)
Generally, rear lot lines intersect side lot lines or other rear lot lines, but not front lot lines. There are exceptions to this principle, however, such as when a rear lot line on a corner lot intersects one or more of the front lot lines.
(c)
Generally, side lot lines intersect front lot lines and/or rear lot lines. Side lot lines also form a portion of the limits of front, side and rear yards.
(d)
Generally, rear lot lines and rear yards are located to the rear of the principal building, and side yards are located to the side of the principal building. There are exceptions to this principle, however, such as when the principal building is at a severe angle to the lot line(s), or the lot line(s) curve or angle along more than one wall of the building, the lot is unusually shaped, the building is unusually shaped, etc.
(e)
Generally, front yards are located in front of the principal building, across the full width of a lot. There are exceptions to this principle, however, such as in the case of flag lots and land-locked parcels not having frontage on an approved street. In such cases, the front yard may be more limited in extent or there may be no front yard at all, as with a land-locked parcel.
B.
Principal buildings.
[Amended 8-9-2006 by Ord. No. 3015; 6-13-2012 by Ord. No. 3343; 3-23-2016 by Ord. No. 3493; 2-8-2017 by Ord. No. 3579]
(1)
No lot shall contain more than one principal building, except:
C.
Accessory buildings and structures. No accessory building or structure shall be built on any lot on which there is not a principal building or structure, except when specifically permitted otherwise by this chapter. The following general provisions shall apply to accessory structures:
(1)
Accessory structures in residential zones. The following requirements shall be met in all residential zones:
(a)
No accessory building or above-grade structure shall have a ground area greater than the ground area of the principal building or structure on the same lot.
(b)
No freestanding accessory building or structure shall exceed 15 feet in height, except as may be specifically provided otherwise by this chapter, such height shall be measured as set forth in § 190-119D. Notwithstanding the foregoing, the height of accessory buildings shall be permitted to be greater than 15 feet, but not more than 18 feet, when all of the following requirements are met:
[Amended 10-13-1998 by Ord. No. 2643; 5-14-2008 by Ord. No. 3120]
[1]
The coverage by the accessory building is at least 400 square feet;
[2]
The accessory building complies with the required setback requirements in Subsection C(1)(f) below; and
[3]
The pitch of any roof greater than 15 feet high is at least 8:12 (eight inches vertical for every 12 inches horizontal).
(c)
No accessory building shall be permitted in any front yard. Swimming pools, tennis courts, decks, patios, and similar play structures shall be prohibited in any front yard; provided, however, that basketball equipment which utilizes a permitted driveway on the lot as the play surface is exempt from this prohibition.
[Amended 5-13-1996 by Ord. No. 2565]
(d)
All accessory buildings shall be located at least 12 feet from any principal building situated on the same lot.
(e)
Accessory buildings may be built within any side yard if the distance from any accessory building to the side lot line is equal to or greater than the required side yard setback for the principal building on such lot.
(f)
Accessory buildings built in any rear yard shall not be closer than five feet from any side or rear property line of the lot; provided, however, that when an accessory building is attached to a principal building by a breezeway, roof, wall or the like, or is separated from the principal building by a distance less than required by § 190-119C(1)(d), such accessory building shall be subject to the same minimum side and rear yard setback requirements as the principal building.
[Amended 2-11-2004 by Ord. No. 2862]
(g)
Notwithstanding the above, freestanding flagpoles shall be limited to a height of 20 feet when accessory to a residential use and 30 feet when accessory to a nonresidential use, and shall be set back from any property line a distance equal to or greater than the height of such flagpole. Flagpoles mounted on a building shall be limited to the maximum permitted height of the building, provided that any such poles located on or which project above the roof of a building shall be subject to the regulations for rooftop equipment in § 190-119D(3), and further provided that such poles shall be exempt from the setback requirements applicable to the building or to freestanding flagpoles.
[Amended 10-13-1998 by Ord. No. 2643; 12-11-2013 by Ord. No. 3400]
(2)
Accessory structures in nonresidential zones. The following requirements shall be met in all nonresidential zones:
(a)
No accessory building shall have a ground area greater than the ground area of the principal building on the same lot.
(b)
No freestanding accessory building or structure shall exceed 20 feet in height, except as may be specifically provided otherwise by this chapter.
[Amended 10-13-1998 by Ord. No. 2643]
(c)
No accessory building shall be permitted in any front yard.
(d)
No accessory building shall be closer to the principal building on the lot on which it is located than 10 feet or the height of such accessory building, whichever is greater.
(e)
Accessory buildings may be built within any side yard if the distance from such accessory building to the side line of the lot is equal to or greater than the required side yard setback for the principal building on such lot.
(f)
Accessory buildings built in any rear yard shall comply with the following requirements; provided, however, that when an accessory building is attached to a principal building by a breezeway, roof, wall or the like, or is separated from the principal building by a distance less than required by § 190-119C(2)(d), such accessory building shall be subject to the same minimum side and rear yard setback requirements as the principal building.
[Added 2-11-2004 by Ord. No. 2862]
[1]
Accessory buildings and roofed accessory structures having a floor area of less than or equal to 500 square feet shall be located at least five feet from the side or rear lot line.
(g)
Notwithstanding the above, freestanding flagpoles shall be limited to a height of 30 feet and shall be set back from any property line a distance equal to or greater than the height of such flagpole. Flagpoles mounted on a building shall be limited to the maximum permitted height of the building, provided that any such poles located on or which project above the roof of a building shall be subject to the regulations for rooftop equipment in § 190-119D(3), and further provided that such poles shall be exempt from the setback requirements applicable to the building or to freestanding flagpoles.
[Added 12-11-2013 by Ord. No. 3400]
D.
Height of buildings and other structures.
[Amended 10-13-1998 by Ord. No. 2643; 4-10-2002 by Ord. No. 2780; 2-11-2004 by Ord. No. 2862; 5-14-2008 by Ord. No. 3120]
(1)
The height limitations required in each zone district shall not apply to steeples for houses of worship; provided, however, that the height of such steeples shall not exceed 75 feet in height.
(2)
Houses of worship, school buildings and structures, and any Village-owned, -leased or -operated building, structure or use shall not exceed 45 feet in height.
[Amended 12-11-2013 by Ord. No. 3400]
(3)
The height limitations for buildings shall not apply to rooftop appurtenances, including but not limited to decorative architectural elements such as cupolas and weathervanes; heating, ventilating and air-conditioning equipment; chimneys, vent pipes, etc., but only if such appurtenances comply with the following limitations:
(a)
The height of the appurtenances, and any structures that screen the appurtenances from view, must not exceed eight feet above the highest point of the roof or eight feet above the maximum permitted building height, whichever is less.
(b)
The horizontal dimension of any such appurtenances, and any structures that screen such appurtenances from view, must not exceed 20% of the horizontal dimension of the building wall or side toward which such appurtenance or screening structure faces. For example, a chimney located on or facing the side of a building having a horizontal dimension of 40 feet is exempt from the building height requirements only if the horizontal dimension of the chimney facing that side of the building is eight feet or less.
(4)
The height limitations for buildings shall not apply to roof-mounted antennas, provided that roof-mounted antennas shall be required to comply with the applicable regulations for such antennas set forth in this chapter.
(5)
The height of buildings and other roofed structures shall be calculated as the vertical distance between the highest point of such building or structure and the average finished ground level as set forth herein. The following shall apply:
(a)
"Highest point of the building" shall include but not be limited to any roof, parapet wall, pediment or other vertical facade element that projects above the roof, and any appurtenance thereto, but excluding any features that are exempted by this chapter from building height requirements.
(b)
The "average finished ground level" shall be calculated using an average of a representative sample of the various finished ground levels located within the following distances from the base of the building or roofed structure, provided that only ground levels located on the subject property shall be used in the calculation:
(c)
In the event that retaining walls are present within the area used for calculating the average finished ground level, both the top and bottom elevations of the retaining wall in the same location shall be used in calculating the average finished grade elevation.
(6)
The height of other structures besides buildings and other roofed structures regulated by Subsection D(5) above shall be calculated as set forth in the specific section of this chapter regulating such structures. Where such sections do not specify a method of calculation, the height of such structures shall be calculated as the vertical distance between:
(a)
The highest point of the structure; and
(b)
The average finished ground level at the base of the structure, except that when the finished ground level at the base of the structure is elevated above the surrounding ground (such as when the structure is located on a berm or wall), the ground level at the base of the structure shall be disregarded and the average ground level of the surrounding ground shall be used to determine the height of the structure.
(7)
When the finished ground levels include levels that are sunken below the surrounding ground level, such as but not including sunken driveways, sunken stairs or stairwells, window wells, ventilation shafts, etc., such levels shall be disregarded in height calculations.
E.
Physical or visual obstructions.
(1)
On any corner lot, no fence, structure, planting or shrubbery over 30 inches in height above the level of the pavement at the center of the street opposite the point in question shall be erected or maintained within 25 feet of the intersection formed by the projections of the two street side lines at the corner.
(2)
No hedge, shrubbery or planting on any lot in any residential zone shall be permitted within three feet from any street side line. The branches of all trees projecting beyond any such street side line must be trimmed at all times to ensure unobstructed vision and clearance eight feet above ground or sidewalk level.
F.
Lighting.
[Amended 6-13-2012 by Ord. No. 3343]
(1)
No artificial source of light shall be constructed or utilized within the Village of Ridgewood so as to create a nuisance across property lot lines.
(2)
All light fixtures in any zone district shall be designed and located so that the illumination of any kind therefrom, whether from interior or exterior sources, shall not exceed 0.1 footcandle at any point at ground level along any property lot line in the residential zones of the Village of a property being used or capable of being used for residential purposes. For purposes of administering this requirement, properties within a residential zone district not capable of being used for residential purposes shall include, but not be limited to, streets, utility rights-of-way, streams and other water bodies, parklands and other preserved open space, and properties already developed and anticipated to remain developed for nonresidential use.
G.
Cantilevered structures and buildings raised on columns. The following provisions shall apply to the cantilevered structures and buildings raised on columns:
[Amended 10-8-1996 by Ord. No. 2583]
(1)
No building shall be permitted which is supported by above-grade piers, columns, pylons or similar structures, and unless such building is supported on a continuous footing and foundation and enclosed on all sides by an exterior wall that rests on said footing and foundation. Notwithstanding the above, the following construction is exempt from the foregoing prohibition:
[Amended 3-23-2016 by Ord. No. 3493]
(a)
Cantilevered portions of buildings which are completely open beneath said portion;
(b)
Carports and similar roofed canopies supported by piers or columns, provided that such structures shall not be permitted to contain any floor area above any ceiling of said structures;
(c)
Balconies, fire escapes, stairwells, bay windows and similar projecting structures; and
(d)
Parking areas located beneath buildings where specifically permitted in the individual zone districts.
(2)
For purposes of administering this chapter, calculations of setbacks, coverage by above-grade structures and coverage by improvements shall be made from the furthest projecting wall of cantilevered structures.
[Amended 6-7-1999 by Ord. No. 2670]
H.
Coverage by improvements for single-family and two-family dwellings. In the R-125, R-110, R-1, R-1A, R-2, R-2A, R-3, R-4, R-5 and R-7 Zone Districts, single-family detached dwellings, two-family dwellings, community residences and shelters and any other uses which are subject to the same requirements as the foregoing shall comply with the following schedules of maximum coverage by improvements:
[Added 6-7-1999 by Ord. No. 2670]
(1)
Maximum improvement coverage of total lot.
Total Lot Area (square feet) | Maximum Coverage by Improvements (percent of total lot area) |
|---|---|
0 to 13,999 | 45%, but not above 5,600 square feet |
14,000 to 24,999 | 40%, but not above 8,750 square feet |
25,000 and over | 35% |
(2)
Maximum improvement coverage of lot area within specified distance of front lot line. For corner lots, the distance shall be measured from all lot frontages. In addition to the schedule in Subsection H(1) above, the coverage by improvements located within the following specified distances of the front lot line(s) shall comply with the following schedule:
[Amended 11-8-2023 by Ord. No. 3973]
Lot Area Within Specified Distance of Front Lot Line* (square feet) | Maximum Coverage by Improvements Located Within Specified Distance of Front Lot Line* (percent of total lot area) |
|---|---|
0 to 13,999 | 45%, but not above 5,600 square feet |
14,000 to 24,999 | 40%, but not above 8,750 square feet |
25,000 and over | 35% |
* NOTE: The specified distances from the front lot line are as follows: |
Zone District | Distance from Front Lot Line (feet) | |
|---|---|---|
R-1, R-1A, R-2, R-2A and R-3 | 140 | |
R-110 | 175 | |
R-125 | 200 |
I.
Street easements. In the event a street or any portion of a street, or any proposed widening of a street is located within an easement rather than within a dedicated right-of-way, the required lot area, lot width, lot frontage, lot depth and all required setbacks shall be increased above that which would otherwise be required for the use in the respective zone district, the same as if the easement were to be entirely a dedicated right-of-way. Furthermore, in such situation, the maximum permitted floor area ratio, density, coverage by above-grade structures and coverage by improvements shall be reduced by a percentage equal to the percentage of the lot area occupied by the easement, the same as if the easement were to be entirely a dedicated right-of-way.
[Added 7-18-2001 by Ord. No. 2744]
J.
Maximum gross building area for single-family detached dwellings, two-family dwellings and duplexes. In all zone districts, single-family detached dwellings, two-family dwellings, duplexes, community residences and shelters and any other lawfully permitted uses which are subject to the same requirements as the foregoing shall comply with the following schedule of maximum gross building area (see definition in § 190-3):
(1)
Single-family detached dwellings and community residences and shelters.
Maximum Gross Building Area Detached | |||
|---|---|---|---|
Lot Area (square feet) | Principal Building1 (lesser of % lot area or square feet) | Detached Accessory Buildings1 (lesser of % lot area or square feet)2 | |
0 to 8,399 | 35%, 2,856 | 7.5%, 588 | |
8,400 to 10,499 | 34%, 3,360 | 7.0%, 682 | |
10,500 to 13,999 | 32%, 4,060 | 6.5%, 840 | |
14,000 to 19,249 | 29%, 4,620 | 6.0%, 962 | |
19,250 to 24,999 | 24%, 5,000 | 5.0%, 1,000 | |
25,000 and over | 20% | 4.0% | |
(2)
Two-family dwellings and duplexes.
Maximum Gross Building Area Detached | |||
|---|---|---|---|
Lot Area (square feet) | Principal Building1 (lesser of % lot area or square feet) | Detached Accessory Buildings1 (lesser of % lot area or square feet)2 | |
0 to 8,399 | 40%, 3,276 | 7.5%, 588 | |
8,400 to 10,499 | 39%, 3,675 | 7.0%, 682 | |
10,500 to 13,999 | 35%, 4,060 | 6.5%, 840 | |
14,000 to 19,249 | 29%, 4,620 | 6.0%, 962 | |
19,250 to 24,999 | 24%, 5,000 | 5.0%, 1,000 | |
25,000 and over | 20% | 4.0% | |
NOTES: | |
1 In cases where there is more than one principal building and/or more than one accessory building, the maximum areas specified in the above schedules apply to the total gross building area of all such principal and accessory buildings, as applicable, not to individual buildings. | |
2 The additional gross building area ratio for detached accessory buildings shall only be permitted for such buildings that are separated from the principal building or buildings by the distance specified in § 190-119C(1)(d). |
K.
Limited exemptions for barrier-free access. Notwithstanding the definitions of "floor area ratio," "gross floor area" and "habitable floor area" in § 190-3, up to 100 square feet of floor area in any principal building, excluding single-family and two-family dwellings, shall be exempted from the limitations of this chapter concerning floor area ratio, gross floor area and the minimum number of parking spaces in proportion to floor area, if such floor area meets the following requirements:
[Added 3-11-2009 by Ord. No. 3174]
(1)
The floor area to be exempted must be devoted to providing barrier-free access for the disabled. The applicant shall have the burden of proof, and must demonstrate that the floor area in question is: necessary to provide barrier-free access for the disabled, and that no reasonable alternative to such exemption exists. To satisfy this requirement, the applicant shall demonstrate that the floor area in question provides space in the building for elevators, lifts, ramps, enlarged doorways or turning areas or other comparable facilities designed in accordance with all applicable barrier-free code requirements and that such exemption is reasonably necessary to provide for barrier-free access to the building. The foregoing shall not be construed to prohibit the use of such floor area for access to buildings by persons that are not disabled.
(2)
Only one such exemption shall apply to any principal building.
(3)
The exempted floor area must meet all other applicable requirements of this chapter.
(4)
The Zoning Officer shall make the final determination concerning whether such floor area qualifies for the exemption set forth in this subsection.
L.
Trademark or prototypical designs. The use of trademarks and/or prototypical designs of roofs, facades, windows, doors, awnings, signs, lights and other improvements shall be permitted after approval in accordance with the provisions of this chapter; provided, however, that the use of such marks and designs shall not, by itself, be accepted as satisfaction of the requirements for relief from any provision of this chapter.
[Added 12-14-2011 by Ord. No. 3323]