Ridgewood City Zoning Code
§ 190-124
Special regulations for certain uses and structures.
In addition to all other applicable requirements of this chapter, the following requirements shall apply to the uses and structures specified below. The following uses and structures shall be permitted when so indicated in the specific zone regulations, and the following requirements shall not be construed to be conditional use requirements.
A.
Residential cluster. Residential cluster may be permitted by the Planning Board in accordance with this chapter, provided that the following requirements shall supersede the requirements for conventional developments above. Where a different standard is not set forth below, the standards for conventional development shall apply.
(2)
Every lot shall contain a minimum lot area of 12,600 square feet.
(3)
Every lot shall contain a minimum lot width, measured at the minimum front yard setback line, of 90 feet; provided, however, that no lot shall measure less than 75 feet in width at any point within 140 feet of the front lot line.
(4)
Every lot shall contain an average lot width of at least 90 feet, calculated so that the minimum lot area of 12,600 square feet shall be provided within 140 feet of the front lot line.
(5)
All land, other than building lots and roadways, resulting from and made available by the reduction of lot sizes pursuant to this subsection shall be reserved for open space. The amount of open space to be reserved shall be at least two acres unless the open space to be reserved abuts land already owned by the Village or by the Board of Education of the Village or land shown on the Master Plan or Official Map of the Village as park or school/park land.
(6)
The Planning Board need not approve any subdivision employing open space zoning if, in its sole discretion, open space zoning would not be suitable for the orderly development of the area in which it is located or would not conform to the general pattern of the development of existing community facilities or school/park lands or the general pattern of the development of such facilities or school/park lands as shown on the master plan or Official Map of the Village.
B.
Family day-care homes. Family day-care homes contained in a residence, when permitted, shall comply with the following requirements:
(1)
There shall be no physical evidence of said use from the exterior of the residential building.
(2)
Signs of any kind advertising the nonresidential use are prohibited.
(3)
The remodeling of any residential building in any way to create the impression of business activity from the exterior of the residential building is prohibited.
(4)
No family day-care home shall have the services of any person not residing therein.
(5)
Any family day-care home shall be limited to the first floor of such residence and shall not occupy more than 25% of the habitable floor area of the residence or 50% of the habitable floor area on the ground floor, whichever is less.
D.
Car rental establishments. Car rental establishments, when permitted, shall comply with the following requirements:
(1)
The minimum lot size for any lot upon which any car rental establishment is located shall be 14,000 square feet.
(2)
The minimum street frontage of such lot shall be 100 feet. If a car rental establishment is located on a corner lot, the minimum street frontage on each street shall be 100 feet.
(3)
Entrance and exit driveways to and from any lot upon which is located a car rental establishment shall have an unrestricted width of not less than 16 feet nor more than 24 feet, shall be located not nearer than 10 feet from any lot line and shall be so laid out as to avoid the necessity of any vehicle leaving the property by backing out across any public sidewalk, street, highway, right-of-way or portion thereof.
(4)
The area of all driveways and other areas over which motor vehicles are intended to be driven or parked on any lot upon which is located a car rental establishment shall be paved with a bituminous or concrete surface sufficient to meet the Village paving specifications applicable to streets and roadways.
(5)
On any premises upon which a car rental establishment is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the filling of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed.
(6)
No part of any building used as a car rental establishment and no filling pump or other service appliance, whether for gasoline, oil or any other combustible liquid or material, shall be erected within 10 feet of any side or rear lot line, and the ten-foot free area required hereunder shall be at all times kept free, open and unobstructed for the purposes of ready access by emergency fire and police vehicles.
(7)
At any car rental establishment, storage facilities for gasoline, oil or other flammable materials in bulk shall be located wholly underground and no nearer than 35 feet from any lot line other than any street side line. No gasoline or oil pumps, oil or greasing mechanism or other service appliance installed for use at such premises shall be within 10 feet of any street side line, and no gasoline pump shall be located or permitted within any enclosed or semi-enclosed building.
(8)
No part of any building or structure used in whole or in part as a car rental establishment shall be located within 100 feet of any boundary line of any residential zone district nor 300 feet, measured in a straight line, from the nearest lot line of any lot upon which is located a like car rental establishment.
(9)
The area to be used for the parking of automobiles for rental shall not be more than two square feet of area for each square foot of all enclosed buildings having four walls and a roof devoted to the car rental operation.
E.
Outdoor storage. The following regulations shall govern outdoor storage within the Village:
(1)
In the R-125, R-110, R-1, R-2 and R-3 Residential Zones, and in other zones where a legal one-family or two-family dwelling exists, outdoor storage shall be permitted only as an accessory use to a one-family detached or two-family dwelling and shall be limited to private camping trailers, boats and boat trailers, garden tractors and implements, automobiles, motorcycles and motorbikes, except as otherwise provided below. Such storage shall comply with the following requirements:
(a)
Outdoor storage shall be permitted in the side and rear yard.
(b)
The item as stored shall not exceed six feet in height.
(c)
The item shall be screened with a fence or screening hedge so that such item is not visible from any abutting residential property or street.
(d)
Any items stored in the side yard shall not be permitted closer to the side lot line than the side yard setback requirements for a principal building on the same lot.
(e)
Any of the permitted items enumerated in § 190-124E(1) that exceed a height of six feet, as well as any pickup or panel truck, mobile home, bus, van used for commercial purposes or recreation vehicle, may be stored on any residential lot only if such item shall be kept in an enclosed garage on such lot; provided, however, that the parking of any recreational vehicle outside a garage for up to five separate or consecutive days during a calendar year shall be permitted.
(2)
Outdoor storage of any kind is prohibited in the residential zones, except for a legal one-family detached or two-family dwelling.
[Amended 8-9-2006 by Ord. No. 3015; 3-23-2016 by Ord. No. 3493]
(3)
Nothing contained herein shall be construed as prohibiting parking of passenger vehicles used by the occupant for day-to- day activities, provided that such vehicles have side windows and are parked on the driveway. Trucks parked overnight shall be garaged.
(4)
In all nonresidential zones, no article, equipment, vehicle, supplies or material shall be kept, stored or displayed outside the confines of any building unless and until the following regulations are complied with, except that outdoor cafes licensed by the Village and permitted by this chapter shall be exempt from the following requirements to the extent such exception is required to carry out the outdoor cafe business:
(a)
Outdoor storage is only permitted in the side and rear yards.
(b)
Any items stored in the side yard shall not be permitted closer to the side lot line than the side yard setback requirements for a principal building on the same lot.
(c)
Outdoor storage shall be screened by special planting or fencing, maintained in good condition, so that items being stored shall not be visible from any adjacent property or public street.
[Amended 4-7-2010 by Ord. No. 3242]
(d)
Any fence required to screen the outdoor storage of flammable material otherwise permitted by this chapter shall not be closer than 20 feet to any property line of the lot upon which it is erected.
(5)
Where otherwise permitted by this chapter, the display of new and used motor vehicles for retail sales as a permitted accessory use in the B-2 Zone District shall not be required to be screened by a planting or fence, except where the premises for such permitted use abuts or faces any premises situated in any residential zone.
[Amended 3-23-2016 by Ord. No. 3493]
(6)
Motor vehicles, recreational vehicles, boats and trailers parked or stored within the Village shall not be used for sleeping, bathing, toilet functions or the preparation of food, on either a permanent or temporary basis.
[Added 4-9-2008 by Ord. No. 3114]
(7)
Motor vehicles, recreational vehicles, boats and trailers parked or stored in the Village shall not be used for the storage of items or materials. Exempted from this prohibition is the storage of items or materials in such vehicles or equipment that are designed for this purpose, when such vehicles or equipment are accessory and incidental to the principal use on the property and are not prohibited by other regulations. By way of example, but not limitation, this subsection shall be interpreted to prohibit the storage of items or materials in a commercial vehicle or commercial trailer on a residential property, unless such commercial vehicle or trailer is permitted to be located on the property by other regulations of the Village.
[Added 4-9-2008 by Ord. No. 3114]
(8)
The storage of flammable, toxic or hazardous materials on property or in vehicles shall comply with all applicable regulations, including but not limited to the regulations of the New Jersey Department of Environmental Protection, the Village’s Department of Health and the Fire Department.
[Added 4-9-2008 by Ord. No. 3114]
F.
Fences, freestanding walls and retaining walls. The following regulations apply to fences, freestanding walls and retaining walls. In addition, enclosures for swimming pools and hot tubs shall be required to comply with the requirements of the Uniform Construction Code of the State of New Jersey, in addition to the following regulations. In case of conflict between this subsection and the Uniform Construction Code of the State of New Jersey, the more restrictive requirement shall apply.
[Amended 3-12-2003 by Ord. No. 2818; 9-11-2019 by Ord. No. 3730]
(1)
Fences and retaining walls shall be permitted in front, side and rear yards. Unless required to be located in the front yard by this chapter for buffers or screening purposes, freestanding walls shall be permitted only in the side and rear yards, except that sitting walls and walls that are designed as a planter, either of which do not exceed a height of 24 inches, shall be permitted in the front yard.
[Amended 5-14-2008 by Ord. No. 3120; 6-13-2012 by Ord. No. 3343]
(2)
Minimum setback. The required setbacks for fences and walls shall be as follows:
[Amended 5-14-2008 by Ord. No. 3120]
(a)
Fences and freestanding walls may abut property lines without any setback required. Retaining walls may abut the front property line only without any setback required.
(b)
The exposed face of retaining walls shall be set back from any side or rear lot line a horizontal distance not less than one foot for each foot of height of the retaining wall. For walls located five feet or less from the property line, the required setback shall be based upon the height of the retaining wall above the ground level at the property line. For other walls, the required setback shall be based upon the height of the retaining wall above the finished ground level at the base of the wall.
(c)
In the case of multiple retaining walls, the exposed face of each wall shall be set back from the exposed face of each other wall a horizontal distance not less than one foot for each foot of height of the higher retaining wall. The required distance between walls shall be based upon the vertical difference between the top of the wall above and the top of the wall directly below. In the case of walls of varying height, the setback at any point shall be based upon the height of the wall at the same point.
(d)
For purposes of determining the required minimum setback, the height of any fence or other barrier located at the top of a retaining wall shall be included within the height of the retaining wall unless such fence or other barrier is set back from the face of the wall a horizontal distance not less than one foot for each foot of height of the barrier or the retaining wall, whichever is greater, measured from the finished grade at the base of the barrier and wall, respectively.
(3)
Maximum height. The maximum permitted height of fences, freestanding walls and retaining walls shall be as follows:
[Amended 12-13-2006 by Ord. No. 3034; 5-14-2008 by Ord. No. 3120]
(a)
The height of fences and freestanding walls accessory to single-family detached dwellings, two-family dwellings, community shelters and residences, and any other uses that are subject to the same requirements as the foregoing uses, shall not exceed four feet; provided, however, that a height of up to six feet shall be permitted for such fences and freestanding walls if all of the following conditions are complied with:
[Amended 4-12-2017 by Ord. No. 3591]
[1]
The fence or freestanding wall is located at or near a property line that abuts a property developed primarily with a nonresidential use, multifamily dwelling or single-family attached dwelling, or the fence is a required enclosure for a regulated pool, provided that in the event the pool is removed or is no longer required to be enclosed, such fence shall be removed, reduced in height or otherwise brought into compliance with Chapter 190.
[2]
The fence or freestanding wall is located in the side and/or rear yard of the subject property.
(b)
The height of fences and freestanding walls accessory to single-family attached dwellings, multifamily dwellings and nonresidential uses shall not exceed four feet, unless such fence or freestanding wall is required by § 190-94D and approved by the Planning Board or Board of Adjustment and is located within the side or rear yard, in which case the height shall not exceed six feet, except as may be provided otherwise by this chapter. In addition, a height of up to six feet shall be permitted for fences and freestanding walls that are accessory to single-family attached dwellings and multifamily dwellings if all of the following conditions are complied with:
[Amended 4-12-2017 by Ord. No. 3591]
[1]
The fence or freestanding wall is located at or near a property line that abuts a property developed primarily with a nonresidential use, or the fence is a required enclosure for a regulated pool, provided that in the event the pool is removed or is no longer required to be enclosed, such fence shall be removed, reduced in height or otherwise brought into compliance with Chapter 190.
[2]
The fence or freestanding wall is located in the side and/or rear yard of the subject property.
(c)
The height of retaining walls shall not exceed four feet, measured from the finished ground level at the base of the wall. In the case of multiple retaining walls, the following shall apply:
[1]
The height of any individual wall shall not exceed four feet.
[2]
The height of any wall located uphill from a lower wall shall be measured from the top of the lower wall, unless the exposed faces of the two walls are separated by a horizontal distance equal to or greater than the elevation difference between the tops of the two walls. In the latter case, the height of the uphill wall shall be measured from the finished ground level at the base of the wall.
[3]
The total height of all walls combined shall not exceed 12 feet within a horizontal distance of 20 feet. The twelve-foot height shall be measured from the finished ground level at the base of the lowest wall within 20 feet.
(d)
In determining the height of fences, freestanding walls and retaining walls, the following shall apply:
[1]
For fences and walls that are not uniform in height along the top of the fence, the height shall be measured to the highest point of the fence, except as provided otherwise herein.
[2]
Notwithstanding the maximum height limitations applicable to fences and walls herein, fence posts and gates may exceed the maximum permitted fence height by up to one foot.
[3]
For fences and walls located on sloping ground, the height shall be measured from the ground directly below the point of measurement.
[4]
The height of fences and freestanding walls shall be measured as set forth in § 190-119D(6).
[5]
In the case of fences, guard rails or other barriers located at the top of retaining walls, the combined height of the barrier and the retaining wall shall not exceed the permitted height for either fences or walls, unless the barrier and wall are separated as provided in Subsection F(2)(d) above.
(4)
Sight distance. No fence, freestanding wall or retaining wall shall be located on any property in any way which interferes with necessary safe sight distance for either operators of vehicles or pedestrians at intersections of streets, driveways, access aisles for parking or loading areas, and/or sidewalks, or which interferes with necessary safe sight distance along horizontal curves of streets. The following shall apply:
(a)
The Village Engineer shall be responsible for determining the appropriate sight distance in each case, and shall take into account the horizontal alignment of traveled ways, topographical conditions, the normal speed of travel, the presence of existing visual obstructions, and other such characteristics that they may deem appropriate.
(b)
Notwithstanding the permitted height, location and design of fences, freestanding walls and retaining walls set forth in this chapter and in other regulations, the Village Engineer may require more stringent requirements as may be necessary to ensure safe sight distance.
(5)
Safety barriers. The reviewing authority may, in appropriate instances, require a guard rail or other restraining device at the top of retaining walls if deemed necessary or advisable to protect persons, vehicles or equipment from falling off the wall.
(6)
Materials and construction. The following standards shall apply to the materials and construction of fences and walls.
(a)
In the event that both sides of a fence or freestanding wall are not identical, the finished or preferred side shall be required to face the street and/or abutting properties, as applicable. For purposes of administering this provision, the finished or preferred side shall be that side which best conceals the fence posts, rails and other supporting parts, and/or which is painted, stained or otherwise treated when only one such side is so treated.
(b)
Walls shall not be faced with unfinished, painted or stained poured concrete, concrete block or cinder block, unless the same is textured to simulate natural stone or is split-face block.
(c)
Fences located within the front yard shall not be more than 60% solid, unless required by this chapter for buffers or screening purposes, in which case fences may be completely solid. The measurement of solidity shall be made perpendicular to the side of the fence. In addition, fences located within the front yard shall not be more than six inches thick.
[Amended 6-13-2012 by Ord. No. 3343]
(d)
Fences, freestanding walls or retaining walls that may present a danger or hazard to the public welfare, including but not limited to fences or walls, which are electrified, contain broken glass, razor wire or barbed wire, or other sharp edges, are prohibited.
(8)
Recreational facility enclosures other than swimming pool enclosures shall be required to comply with § 190-124G(4), notwithstanding the provisions of Subsection F(2) and (3) above.
G.
Recreational facilities for single-family detached or two-family residential uses. Recreational facilities basketball courts, handball courts, paddleball courts, platform tennis courts, racquetball courts, tennis courts and similar recreation facilities accessory to single-family detached or two-family residential uses and designed to serve the residents on the premises, when permitted, shall comply with the following requirements. Notwithstanding the above, basketball equipment which utilizes a permitted driveway on the lot as the play surface is permitted in the same zone districts as the foregoing recreational facilities, but is not subject to the following requirements; provided, however, that such equipment shall be set back from any property line a distance equal to or greater than the height of the equipment above grade.
[Amended 5-13-1996 by Ord. No. 2565; 6-7-1999 by Ord. No. 2670; 3-23-2016 by Ord. No. 3493]
(1)
The recreational facilities shall be permitted only in the rear yard.
(2)
Notwithstanding any other provision of the specific zone regulations to the contrary, the total coverage by improvements, including said recreation facilities, shall not exceed 40% of the rear yard area.
(3)
The recreational facility shall not be closer than 15 feet from any side or rear property line or 25 feet from any principal structure on any abutting lot, whichever is greater. On corner lots, the recreational facility shall be set back from the side street a distance at least equal to the front yard setback requirement of the zone district in which the subject lot is located or to the established front yard setback of the lot adjacent to the rear lot line of the lot on which the recreational facility is located, whichever is greater.
(4)
The maximum height of the fence enclosure, if there is one, shall be 10 feet from ground level. Fence enclosures shall be of chain link construction and must include a top rail.
(5)
No artificial lighting is permitted.
(6)
In addition to the enclosure fencing, if any, the recreational facility shall be screened from adjoining property and from view from the adjoining streets by the installation and maintenance of landscape plantings of sufficient density, at least six feet in height.
H.
Playhouses, tree houses and similar temporary recreational structures for children. Playhouses, tree houses and similar temporary recreational structures for children, when permitted, shall comply with the following requirements:
(1)
The structures are only permitted in the rear yard.
(2)
The structures shall comply with the provisions regulating accessory structures in § 190-119C(1).
(3)
The structures shall not contain a gross floor area greater than 64 square feet.
(4)
The height of the structures shall not exceed 10 feet measured from the floor to the ridgeline or highest point of said structure or 20 feet above the ground.
(5)
The structures shall be located at least 12 feet from any principal building situated on the same lot.
(6)
The structures shall not be erected without first obtaining a building permit which will permit the construction and occupancy for a three-year period to commence at the date of issuance. The occupancy permit may be renewed for additional three-year periods after application to and inspection by the Director of Building and Inspections.
I.
Gasoline storage tanks and related equipment. Gasoline storage tanks of any type and pumps and equipment related thereto shall be permitted as an accessory use only in the B-2 and C Commercial Zone Districts. Each such installation must comply with the provisions of §§ 190-123A(9) and (10) and 190-124D(6) and (7), as applicable, as to location.
J.
Security gates. Folding gates and screens or movable tracked doors and similar nighttime guards on store fronts or other nonresidential buildings for the purposes of night security are prohibited. Existing folding gates, screens or movable tracked doors and similar nighttime guards as hereinabove referred to are hereby designated objectionable nonconforming structures and are required to be removed by the owner or occupant of said structure within one year from the date of adoption of this amendment.
K.
Awnings. Awnings shall comply with the following regulations:
[Amended 4-12-2017 by Ord. No. 3591]
(1)
In the B-1 and B-2 zones, no awning shall extend from the wall of the building to which it is attached more than eight feet.
(2)
Awnings in the B-1 and B-2 zones may extend into the public right-of-way; provided, however, that no awning shall extend over a public sidewalk more than four feet. No awning shall extend into the public right-of-way in any zone district except in the B-1 and B-2 zones.
(3)
All awnings shall be made of fabric material such as canvas, exclusive of the structural members. Any awning in the B-1 and B-2 zones that projects into a public right-of-way shall be retractable with a mechanism fully capable of being operative on a daily basis if needed.
(4)
The bottom of any part of any awning shall be no closer than seven feet from the grade below the awning when such awning is located over a pedestrian way, or a dimension greater than seven feet, as determined by the reviewing Board or official, as applicable, when the awning is located over a vehicular travel path.
L.
Canopies. Canopies shall comply with the following regulations:
[Amended 4-12-2017 by Ord. No. 3591]
(1)
In the B-1 and B-2 zones, canopies shall not extend more than eight feet from the wall of a building.
(2)
Canopies shall not extend into any public right-of-way.
(3)
No canopy shall be constructed closer than 12 inches to the vertical extension of the curb line of the street.
(4)
No canopy shall extend past any required setback line affecting the building to which it is affixed.
M.
Exterior equipment. Mechanical equipment and tanks located outside of a building, including but not limited to air-conditioning equipment, heat exchangers, fans, compressors, propane tanks and oil tanks, generators, condensers and similar equipment, shall be subject to the following regulations:
[Amended 4-12-2017 by Ord. No. 3591; 11-8-2023 by Ord. No. 3973]
(1)
The installation of such exterior equipment shall require the issuance of a zoning permit.
(2)
Such equipment shall comply with the minimum required front yard setback for principal buildings, or with an established nonconforming front yard setback, and shall be screened from the view of adjacent properties and streets; provided, however, that the screening requirement shall not apply to window-mounted equipment such as fans and window air conditioners.
(3)
Such equipment shall be set hack at least 10 feet from any residential property line.
(4)
Exterior equipment located on the roof of a building shall be subject to the requirements of § 190-124P.
(5)
Replacement of existing exterior equipment in nonconforming locations shall be permitted, provided neither the footprint, nor the height of the equipment increases by greater than 10% and that screening from view of adjacent properties and streets is maintained.
N.
Amateur radio stations. Amateur radio stations shall be permitted as an accessory use to all permitted residential principal uses in the Village, subject to the following requirements:
[Added 10-13-1998 by Ord. No. 2643]
(1)
The applicant shall obtain a zoning permit from the Zoning Officer, which shall include submission of adequate plans and supporting materials to demonstrate compliance with this chapter and with all other applicable codes and regulations.
(2)
The applicant, who shall reside at the premises in question, shall submit a valid current amateur radio operator's license from the Federal Communications Commission. Such license must be maintained at all times that the antenna and supporting structures are installed. License renewals shall be filed with the Zoning Officer. If at any time the license expires and is not renewed, or the licensee no longer resides at the premises, the antenna and any supporting structures shall be removed within 30 days of such license expiration or change of residency.
(3)
No more than one amateur radio station shall be permitted on a lot or accessory to a dwelling.
(4)
The height of the antenna and any supporting structures shall not exceed 45 feet, such height to be measured as set forth in § 190-119D(6). In determining the height of the antenna and supporting structures, the extended height shall be used for antennas which use a telescoping or extendible design.
[Amended 5-14-2008 by Ord. No. 3120]
(5)
If freestanding or mounted on any structure other than a roof of the principal building, all parts of the antenna and supporting structures shall be located only in the rear yard and shall be set back from any property line a distance equal to or greater than the height of the antenna and supporting structures.
(6)
If mounted on the roof of the principal building, the antenna and supporting structures shall be set back from the building facade a distance equal to or greater than the height of such antenna and related structures above the elevation of the building where the antenna and related structures are mounted, or as required by the Construction Code, whichever is more restrictive. The antenna and supporting structures shall also be located so as to minimize the view of the same from any street, as determined by the Zoning Officer.
(7)
If the station is capable of exceeding 50 watts of transmitting power (aka "peak envelope power"), the applicant shall be required to demonstrate that all applicable regulations concerning electromagnetic radiation shall be complied with.
(8)
Variances from the foregoing regulations may be granted by the Planning Board or Zoning Board of Adjustment, as applicable, provided that the applicant demonstrates that such variance is necessary to reasonably accommodate adequate amateur radio communications while balancing the legitimate community interests of aesthetics and safety, in accordance with PRB-1 of the Federal Communications Commission, 101 FCC 2d 952 (1985), and 47 CFR 97.15(e).
O.
Antennas accessory to principal use. Antennas which meet the definition of "accessory building or structure" in § 190-3 are permitted in all zone districts as an accessory structure, subject to the following regulations; provided, however, that this subsection shall not apply to cellular telecommunications antennas and amateur radio stations, which are regulated by §§ 190-123E and 190-124N, respectively. The following requirements are intended to reduce the negative visual impacts from antennas and to provide for public safety. Notwithstanding the foregoing, the Planning Board or Zoning Board of Adjustment, as applicable, shall in any appeal balance the objectives sought by the requirements against the extent to which the regulations materially limit transmission or reception by the antenna or imposes more than a minimal cost on the antenna owner.
[Added 10-13-1998 by Ord. No. 2643]
(1)
Exemption of certain antennas from regulations. Pursuant to the 1996 ruling of the Federal Communications Commission (FCC), the following antennas are exempt from the provisions of this chapter:
(a)
A transmission satellite dish no greater than one meter (39.37 inches) in diameter.
(b)
A receive-only satellite dish greater than one meter (39.37 inches) and less than or equal to two meters (78.74 inches) in diameter and located in a nonresidential zone district.
(c)
A transmission satellite dish no greater than two meters (78.74 inches) in diameter and located in a nonresidential zone district.
(2)
Limited applicability of regulations involving certain antennas. Pursuant to the 1996 ruling of the Federal Communications Commission (FCC), the provisions of this chapter shall apply to the following antennas only to the extent such provisions do not impair the installation, maintenance or use of such antennas. The determination regarding such impairment shall be made by the Zoning Officer and may be appealed in accordance with the procedures set forth in § 190-29.
(a)
Antennas designed to receive direct broadcast satellite service (DBS), including direct-to-home satellite service, and no greater than one meter (39.37 inches) in diameter.
(b)
Antennas designed to receive video programming services via multipoint distribution services, including multichannel multipoint distribution services (MMDS), instructional television fixed services and local multipoint distribution services, and no greater than one meter (39.37 inches) in diameter or diagonal measurement, provided that, if such antennas are located on a mast, the mast is 12 feet or less in height.
(c)
Antennas designed to receive television broadcast signals (TVBS), provided that, if such antennas are located on a mast, the mast is 12 feet or less in height.
(3)
Freestanding antennas. The following requirements shall apply to freestanding antennas regulated by this Subsection O:
(a)
No lot may contain more than one freestanding antenna.
(b)
Freestanding antennas shall only be permitted is the rear yard.
(c)
Freestanding antennas shall be effectively screened by a special planting screen or fence as determined by the reviewing authority to be necessary to minimize the view of the antenna from any adjacent property or public street.
(d)
Freestanding antennas shall be set back from all lot lines a distance equal to or greater than the height of the antenna.
(e)
The height of a freestanding antenna shall not exceed 45 feet above the ground at the base of the antenna, exclusive of any filling, berming, mounding or excavating which alters the grade at the base of the antenna from the grade in the general vicinity of the antenna; provided, however, that the height of freestanding satellite dish antennas shall not exceed 15 feet above the ground.
(f)
The diameter or diagonal dimension of freestanding satellite dish antennas shall not exceed one meter (39.37 inches) in any residential zone district or two meters (78.74 inches) in any nonresidential zone district.
(4)
Roof-mounted antennas. The following requirements shall apply to roof-mounted antennas regulated by this Subsection O:
(a)
If mounted on the roof of the principal building, the antenna and supporting structures shall be set back from the building facade a distance equal to or greater than the height of such antenna and related structures above the elevation of the building where the antenna and related structures are mounted, or as required by the Construction Code, whichever is more restrictive. The antenna and supporting structures shall also be located so as to minimize the view of the same from any street, as determined by the Zoning Officer.
(b)
The height of any roof-mounted antenna shall not exceed the height of the roof by more than 12 feet.
P.
Roof-mounted equipment. Equipment mounted on the roof of a nonresidential building, including but not limited to heating, ventilating and air-conditioning equipment, shall be subject to the following requirements:
[Added 10-13-1998 by Ord. No. 2643]
(1)
A zoning permit shall be required.
[Amended 4-7-2010 by Ord. No. 3242]
(2)
Such equipment shall be set back from the building facade a distance equal to or greater than the height of such equipment above the elevation of the building where the equipment is mounted, or as required by the Construction Code, whichever is more restrictive.
(3)
The equipment shall be located so as to minimize the view of the same from any street or adjoining property and may be required, when appropriate, to be screened by materials that are the same or compatible with the building facade or roof materials, as determined by the Board or the Site Plan Exemption Committee, as applicable.
[Amended 4-7-2010 by Ord. No. 3242]
(4)
The Board or the Site Plan Exemption Committee, as applicable, may require, when appropriate, that detrimental impacts from noise, odors, smoke, etc., produced by the equipment be properly mitigated.
[Amended 4-7-2010 by Ord. No. 3242]
Q.
Home office uses.
[Added 6-9-2004 by Ord. No. 2882]
(1)
The purposes of this subsection are to:
(a)
Permit, on a limited basis, certain home offices as described in this subsection. The permitted home offices shall be incidental to the residential uses of the premises, compatible with residential uses, and limited in extent, degree and time. The permitted conduct under this subsection shall not detract from the residential character and quality of the neighborhood.
(b)
Protect residential areas from any adverse impacts associated with home offices and protect residential property values.
(c)
Ensure that the health, safety and welfare of neighbors and residents are protected and that those rights are not compromised in any manner whatsoever by the operation of the particular home office.
(d)
Establish performance criteria and standards for home offices that will provide fair and equitable administration and enforcement of this subsection.
(2) HOME OFFICE
"Home office" is defined as follows:
Any nonresidential office activity conducted or engaged in by a person within the residential dwelling occupied as his or her permanent residence for financial gain or as a volunteer or otherwise without monetary compensation. A home office is an accessory use to the primary use of the property, which is residential.
(3)
The following standards shall govern home offices:
(a)
The gross floor area devoted to the home office shall not exceed 25% of the gross floor area of the dwelling, or 500 square feet, whichever is less.
(b)
The permitted home office shall be accessed only from the residential area of the home, and there shall not be a separate entrance from the home office area to the outside of the home.
(c)
The permitted home office shall utilize only typical office equipment, e.g., telephones, computers, typewriters, fax machines and copying machines. The permitted home office shall utilize only typical office supplies necessary to operate the permitted office equipment.
(d)
The operation of the home office shall not be evident from the exterior of the home. As an example, there shall be no signs, on-site parking or architectural features that would indicate a nonresidential use.
(e)
The permitted home office shall not be visited by customers or clients and shall only be visited by persons making routine deliveries or service calls to service the permitted equipment.
(f)
No inventory shall be stored in the residential premises or in the area dedicated to the home office. "Inventory" is defined as follows: "personal property intended for sale or delivery to another party."
(g)
No commercial vehicles of any nature shall be parked either on-site or off site, except for the purpose of making a permitted delivery or service call.
(h)
No signs shall be permitted on the exterior or interior of the home, which shall advertise or indicate the location of the home office. The only permitted sign shall be that to identify the residence as set forth in § 190-122C(1) of the Village Code.
(i)
The permitted home office shall not conduct on-site wholesale or retail sales of any nature, unless conducted via telecommunications equipment, and not involve the shipment or delivery of merchandise to or from the location housing the home office.
(j)
The permitted home office shall only be conducted by or employ or utilize as assistants, whether for gain or not, residents of the home, and such home shall be their permanent legal residence.
R.
General regulations for inclusionary housing developments. Any inclusionary development shall be subject to the following requirements, in addition to the requirements of the zone district within which the development is located and all other applicable requirements of this chapter. In case of conflict between the following requirements and the requirements of this chapter, the following requirements shall supersede the requirements of this chapter.
[Added 5-12-2004 by Ord. No. 2891; amended 12-12-2007 by Ord. No. 3090; 3-23-2016 by Ord. No. 3493; 11-9-2020 by Ord. No. 3818]
(1)
Building height in the B-1 and B-2 Zone Districts. The maximum building height permitted for any inclusionary development in the B-1 or B-2 District shall be 50 feet.
(2)
Floor area ratio in the B-1 and B-2 Zone Districts. The maximum floor area ratio permitted for any inclusionary development in the B-1 and B-2 District shall be 75%.
(3)
The maximum permitted density for development in the B-1 or B-2 district shall be 18 du/ac. The required affordable housing set-aside for any type of development is 15% where the affordable units shall be for rent, and 20% where the affordable units shall be for sale. Fractional affordable housing units shall be rounded down where the fraction is 0.49 units or less and rounded up where the fraction is 0.50 units or greater.
(4)
Affordable housing units shall comply with the Village's affordable housing regulations in Article XII and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
S.
Residential decks, patios and related improvements. Decks, patios, gazebos and similar structures, as well as related improvements, including but not limited to fireplaces, fire pits, barbecues, hot tubs, and similar recreational improvements accessory to a residential dwelling shall be subject to the following requirements:
[Added 4-12-2017 by Ord. No. 3591; amended 11-8-2023 by Ord. No. 3973]
(1)
Such improvements shall be located only in the side and/or rear yards, and shall be prohibited in the front yard.
(2)
Where such improvements are no more than 12 inches above the adjacent grade, they shall be set back from the side and rear lot lines a distance not less than 10 feet.
(3)
Where such improvements are greater than 12 inches above the adjacent grade, they shall be set back from the side lot line the distance required for a principal structure in the zone and shall be set back from rear lot lines a distance not less than 10 feet.
(4)
In kind repair or replacement of non-conforming decks, patios, and related improvements shall be permitted provided there is no expansion of the improvement in any dimension or increase in improved lot coverage.
T.
Residential swimming and wading pools. Swimming and wading pools defined as "regulated pools" in § 190-3 and which are accessory to a residential dwelling shall be subject to the following requirements:
[Added 4-12-2017 by Ord. No. 3591]
(1)
Such pools, including any decking or patio adjacent to the pool, shall be prohibited in the front yard, and shall be located from the front lot line a distance not less than the minimum front yard depth, whichever is more restrictive.
(2)
Such pools, including any decking or patio adjacent to the pool, shall be set back from the side and rear lot lines a distance not less than 10 feet. The foregoing requirement shall not apply to portable-type wading pools.
(3)
Fence enclosures for such pools shall comply with the applicable requirements in § 190-124F and in Chapter 251, Swimming Pools.[2] In case of conflict between the enclosure provisions of Chapter 251 and the requirements of § 190-124F, the provisions of Chapter 251 shall apply.
[2]
Editor’s Note: Former Ch. 251, Swimming Pools, was repealed 4-12-2017 by Ord. No. 3591.