River Edge City Zoning Code
ARTICLE VI
Supplementary Use Regulations
§ 416-18 Floor area ratios (FAR) and height limitations for office and hotel buildings in the C-2 Commercial Zoning District.
[Amended 5-6-1988 by Ord. No. 965; 12-17-2001 by Ord. No. 1367; 7-8-2024 by Ord. No. 24-14]
On lots of at least 60,000 square feet with at least 200 feet of street frontage in the C-2 Commercial Zoning District, height for buildings and structures shall be regulated by the following floor area ratio criteria:
A.
Minimum lot size shall be 60,000 square feet.
B.
Minimum street frontage shall be 200 feet.
C.
More than one structure or principal building can be located on a lot. Separate structures on the same lot may abut one another and a separate principal building and a structure may abut one another, but where they do not abut, they shall have a distance of at least 18 feet between them, or one horizontal to one vertical as measured from the base or facade, whichever extends the farthest, of the shorter structure or building to the roof line of the higher structure or building, whichever results in the greater distance between the buildings or structures.
D.
If more than one principal building or structure is located on a lot and will be constructed in a phased or planned development over time, the approval period for the development granted by the Planning Board and described in the Borough of River Edge Site Plan Review Ordinance[1] must be adhered to, or the approval for the additional structures will lapse.
E.
The floor area ratio shall not exceed 1.35 for any building.
F.
The maximum number of stories for any building, including building atriums, shall be as follows:
(1)
The maximum height or number of stories for any building on a lot between 60,000 to 74,999.99 square feet in size shall not exceed four stories or 48 feet, whichever is less.
(2)
The maximum height or number of stories for any building on a lot between 75,000 to 89,999.99 square feet in size shall not exceed five stories or 60 feet, whichever is less.
(3)
The maximum height or number of stories for any building on a lot between 90,000 to 104,999.99 square feet in size shall not exceed six stories or 72 feet, whichever is less.
(4)
The maximum height or number of stories for any building on a lot between 105,000 to 119,999.99 square feet in size shall not exceed seven stories or 84 feet, whichever is less.
(5)
The maximum height or number of stories for any building on a lot between 120,000 to 134,999.99 square feet in size shall not exceed eight stories or 96 feet, whichever is less.
(6)
The maximum height or number of stories for any building on a lot between 135,000 to 149,999.99 square feet in size shall not exceed nine stories or 108 feet, whichever is less.
(7)
The maximum height or number of stories for any building on a lot between 150,000 to 164,999.99 square feet in size shall not exceed 10 stories or 120 feet, whichever is less.
(8)
The maximum height or number of stories for any building on a lot between 165,000 to 179,999.99 square feet in size shall not exceed 11 stories or 132 feet, whichever is less.
(9)
The maximum height or number of stories for any building on a lot between 180,000 or greater square feet in size shall not exceed 12 stories or 144 feet, whichever is less.
G.
The maximum number of stories for any parking structure abutting, within, separate from or under a principal building shall not exceed five stories. The parking area at grade within any structure or building shall be considered the first story of said structure of building.
H.
Any building having parking or loading areas either under or within the building, as approved by the Planning Board, shall not have these parking or loading areas calculated as part of the gross floor area of the building.
I.
The maximum principal building coverage shall not exceed 40% on any lot.
J.
The maximum lot coverage shall not exceed 80%.
K.
Proximity to street based on height.
(1)
Properties with front, side or rear yards on Kinderkamack Road. A building or structure not exceeding 35 feet in height shall not be closer to the street right-of-way than 30 feet or closer to the property line than 15 feet. A building exceeding 35 feet in height, but no more than six stories, shall not be closer to the street right-of-way line or property line than 50 feet. A building exceeding six stories shall not be closer to the street right-of-way line or property line than 175 feet.
(2)
All other streets. A building or structure not exceeding 35 feet in height shall not be closer to the street right-of-way than 30 feet or closer to the property line than 15 feet. A building exceeding 35 feet in height, but not greater than nine stories, shall not be closer to the street right-of-way line or property line than 40 feet. A building exceeding nine stories shall not be closer to the street right-of-way line or property line than 60 feet.
(3)
Parking deck structures. A parking deck structure shall not be closer to the street right-of-way line or property line than 20 feet.
§ 416-19 Churches and other places of worship.
Churches, synagogues and other places of worship shall be governed by the following regulations:
A.
Minimum lot area shall be 30,000 square feet.
B.
Minimum lot width shall be 100 feet.
C.
Minimum lot depth shall be 200 feet.
D.
Minimum front yard for principal building shall be 25 feet.
E.
Minimum front yard for accessory building shall be 25 feet.
F.
Minimum side yard for principal building shall be 15 feet.
G.
Minimum side yard for accessory building shall be 15 feet.
H.
Minimum rear yard for primary building shall be 20 feet.
I.
Minimum rear yard for accessory building shall be fifteen (15) feet.
J.
Maximum building coverage shall be 40%.
[Amended 7-8-2024 by Ord. No. 24-14]
K.
Maximum height for any principal building shall be 35 feet.
L.
Any church, synagogue or other place of worship which maintains a school for elementary or high school grades shall also provide, in addition to the minimum lot area criteria included herein, a minimum lot area in accordance with and approved by the New Jersey State Board of Education.
§ 416-20 Veteran and service organizations.
Veteran and service organizations shall be governed by the following regulations:
A.
Minimum lot area shall be 10,000 square feet.
[Amended 5-18-1998 by Ord. No. 1220]
B.
Minimum lot width shall be 100 feet.
[Amended 5-18-1998 by Ord. No. 1220]
C.
Minimum lot depth shall be 100 feet.
D.
Minimum front yard for principal building shall be 30 feet.
E.
Minimum front yard for accessory building shall be 30 feet.
F.
Minimum side yard for principal building shall be 18 feet.
[Amended 5-18-1998 by Ord. No. 1220]
G.
Minimum side yard for accessory building shall be 18 feet.
[Amended 5-18-1998 by Ord. No. 1220]
H.
Minimum rear yard for principal building shall be 25 feet.
[Amended 5-18-1998 by Ord. No. 1220]
I.
Minimum rear yard for accessory building shall be 25 feet.
[Amended 5-18-1998 by Ord. No. 1220]
J.
Maximum building coverage shall be 35%.
[Amended 5-18-1998 by Ord. No. 1220; 7-8-2024 by Ord. No. 24-14]
K.
Maximum lot coverage shall be 35%.
[Amended 5-18-1998 by Ord. No. 1220; 7-8-2024 by Ord. No. 24-14]
L.
Maximum height for any principal building shall be 25 feet.
[Amended 5-18-1998 by Ord. No. 1220]
M.
Buildings shall be buffered from any residential property lines according to § 416-59, except where greater distances are specified herein.
[Amended 5-18-1998 by Ord. No. 1220]
N.
Retail sales may be included within the principal building for members and their guests.
[Added 5-18-1998 by Ord. No. 1220]
§ 416-21 Fuel, repair and automotive service facilities.
[Amended 5-18-1998 by Ord. No. 1220]
Fuel, repair and automotive service facilities shall be governed by the following regulations:
A.
The minimum lot size shall be 15,000 square feet, and the minimum width along the street shall be 100 feet. No gasoline pumps shall be located within 15 feet of the property lot line.
B.
No fuel, repair and automotive service facilities shall be located within 200 feet of the following uses: schools, parks and playgrounds, municipal buildings, churches and other places of worship, hospitals, nursing homes and institutions for the education and welfare of children or adults.
C.
Vehicular access to gasoline service stations shall not be closer to the intersection of any two street lot lines than 50 feet, nor shall a gasoline service station be located within 25 feet of any boundary line of any residential zoning district.
D.
Automobile repair work shall be performed within a building, except for minor servicing such as change of tires or sale of gasoline or oil.
E.
No merchandise shall be sold or kept for sale except petroleum products and automobile accessories reasonably necessary for the safe, lawful or convenient operation of motor vehicles.
F.
All automobile parts shall be stored within a fully enclosed building. Gasoline or flammable liquids and oils in bulk shall be stored fully underground, not nearer than 25 feet from any lot lines. No oil or oil drums shall be kept or displayed in tanks or other receptacles outside of the building and above ground, except for immediate use in servicing automobiles; and such oil shall be kept neatly racked or stacked in containers holding not more than 24 quarts.
G.
No space may be rented for any motor vehicle or trailer. Nor may any motor vehicle or trailer be stored from the street building line to the curb. Vehicles left for servicing may not be parked at a fuel, repair and automotive service facility for more than 90 days from the date vehicle was brought to the station.
H.
Auto body shops, paint shops, radiator repair and tire retreading are not permitted.
I.
A wall, fence or suitable evergreen hedgerow or screen planting at least five feet in height shall be constructed and maintained between the gasoline service station and any abutting lot. The design of such wall, fence or planting shall be subject to the approval of the Planning Board, which may also require additional plantings to screen the service station from adjoining lots.
J.
Buffer zone and landscaping requirements provided in Article XI herein shall also be complied with.
K.
In addition to the accessory signs as permitted in Article X of this chapter, the following accessory signs are permitted:
(1)
Directional signs or lettering displayed over individual entrance doors or bays, consisting only of the words "washing," "lubrication," "repairs," "mechanic on duty," or other words closely similar, provided that there shall be not more than one such sign over each entrance or bay. The letters thereof shall not exceed six inches in height, and the total area of each sign shall not exceed three square feet.
(2)
Customary lettering on or other insignia which are a structural part of a gasoline pump, consisting only of the brand name sold, lead content sign, a price indicator and any other sign required by law, and not exceeding a total of three square feet on each pump. A gasoline service station shall be permitted a special sign to signify the price of gas. It shall not exceed nine square feet and shall be displayed at the pump island, but not higher than 10 feet. If illuminated, it shall be interiorly lighted. One nonilluminated credit card sign, displayed on or near the gasoline pumps, not exceeding two square feet in area, shall also be permitted.
L.
No motor vehicle or trailer may be used on the premises for signage.
§ 416-22 Dry-cleaning and laundry establishments.
Dry-cleaning and laundry establishments shall be governed by the following regulations:
A.
Outlets and pickup for laundries, cleaning and dry-cleaning establishments and self-service automatic laundry and dry-cleaning establishments shall be prohibited from storing flammable solvents, except for the incidental removal of spots, and as provided in the latest edition of the New Jersey Fire Prevention Code as modified and adopted by the Borough.
B.
Self-service automatic laundry and dry-cleaning establishments shall not be permitted to contain more than 20 machines for washing, cleaning and drying. This shall not apply to a room or rooms containing laundry machines in a residential structure used for the convenience of the occupants, whether or not coin-operated.
§ 416-23 Garden apartments.
Garden apartments shall be governed by the following regulations:
A.
The minimum distance between any two buildings shall not be less than as required under the following formula,
HD = La + Lb + 2(Ha + Hb) 8 |
HD is the required minimum horizontal distance between any wall of building A, at any given level, and any wall of building B, at any given level, or the vertical prolongation of either. | ||
La is the total length of building A. | ||
Lb is the total length of building B. | ||
Ha is the height of building A; which is the average height above the finished grade of the nearest wall facing building B. | ||
Hb is the height of building B; which is the average height above the finished grade of the nearest wall facing building A. | ||
B.
Each building shall contain not more than eight individual dwelling units, and in attached buildings not more than 24 dwelling units.
[Amended 5-18-1998 by Ord. No. 1220]
C.
No portion of any building below the first story shall be used for dwelling purposes, except that a basement where the floor is not more than three feet below grade may contain the living quarters for the building superintendent and his family.
D.
The maximum length of any garden apartment building shall not exceed 160 feet.
E.
Where a court is provided, it shall have dimensions the minimum of which shall be 45 feet. No court shall exceed in depth twice its width.
F.
There shall be provided on the site of any garden apartment development an area or areas of not less than 100 square feet of recreation space for each dwelling unit. In no case shall there be less than 1,900 square feet devoted to joint recreational uses by the residents thereof. Such recreational space shall be located in other than a front yard and shall provide amenities usually associated with either passive and/or active recreational pursuits.
§ 416-24 Individual dwelling units.
Individual dwelling units shall be governed by the following regulations:
A.
Successively placed dwellings not in planned residential developments shall be of different floor plans without repeating any floor plan within any successive group of four homes, with all fronts being different.
§ 416-25 Community residences.
[Added 11-16-1987 by Ord. No. 938; amended 11-16-1987 by Ord. No. 946; 4-20-1998 by Ord. No. 1217]
A.
The definition of a "community residence for the developmentally disabled," community shelters for victims of domestic violence," "community residences for persons with head injuries" and "community residences for the terminally ill" as provided in P.L. 1997, c. 321 (N.J.S.A. 40:55D-66.2) shall apply to this section.
B.
Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill and community residences for persons with head injuries (hereinafter collectively referred to as "community residences") are a permitted use in all residential districts.
C.
Community residences shall be subject to and shall comply with all zoning requirements for single-family dwelling units.
D.
The owner of a community residence shall be responsible for compliance with this chapter.
E.
No building or structure shall be used, erected or converted for use as a community residence unless said building or structure complies with the minimum requirements for fire safety, sanitary facilities and structural safety as established by the current edition of the New Jersey State Uniform Construction Code.[1]
[1]
Editor's Note: See N.J.S.A. 52:27D-119 et seq.
F.
All community residences, whenever required by the State of New Jersey, shall provide documentation that the proposed community residence or shelter has been properly licensed by the New Jersey Department of Human Services. Proof of licensing shall be provided as part of the application for a certificate of occupancy, which shall be required of all community residences.
G.
All community residences shall continue to resemble single-family homes and retain the aesthetic characteristics of the neighborhood while providing essential life safety, health and comfort conditions in a homelike atmosphere in the proposed community residence.
H.
No community residence may house more than 15 persons, exclusive of resident staff.
I.
No sign denoting the nature of the facility shall be allowed on the premises.
§ 416-26 Dwelling units; certificates of occupancy.
[Added 11-16-1987 by Ord. No. 941]
A.
As used in this section, the terms "dwelling house and dwelling unit" shall include but not be limited to any one-family dwelling, all apartments or portions of apartments in any apartment house or apartment structure and any rooms in a motel, hotel or other place of public accommodation. The term shall also include a unit in a condominium or cooperative.
B.
Sale of dwelling units. No dwelling unit, including but not limited to single-family homes, two-family homes and condominium apartment/townhouse units, shall be sold unless the selling owner first obtains from the Construction Official a certificate of occupancy.
(1)
A certificate of occupancy shall be issued solely by the Construction Official, without the necessity of approval by the Mayor and Council. The fee for the issuance of a certificate of occupancy shall be as set forth in the Borough Fee Schedule, adopted by resolution of the Borough Council, on file in the office of the Borough Clerk. The fee shall be paid at the time of the filing of the application. The fee for each inspection shall also be as set forth in the Borough Fee Schedule.[2]
C.
Rental of dwelling units. No house, dwelling, building, dwelling unit, structure or enclosure or any part of the same which is located in any zone delineated in § 416-5 as "Residential: Single-Family" and "Residential: Two-Family" shall be used or permitted to be used or be rented for use as living quarters, sleeping quarters or for living purposes by or to any society, club, fraternity, sorority, association, lodge, commune or similar group, or other collection of persons, who do not qualify as a family. This restriction shall not apply to rooming houses, hotels, motels or other places of public accommodation which are duly licensed by the Borough and/or the State of New Jersey or to convents, rectories or parish houses utilized in conjunction with any house of worship.
(1)
Prior to the transfer of title by sale of a dwelling house or unit, application for a certificate of occupancy shall be made, in writing, to the Construction Official and consent shall be given therewith to the Construction Official to enter upon and examine the dwelling unit and the building wherein the same may be situated, for which the application is applied, so that the Construction Official may determine whether or not the same fully complies with all municipal ordinances, rules and regulations. No certificate of occupancy shall be issued unless there is full and complete compliance with all of the Borough's ordinances, rules and regulations. Prior to the rental of any apartment in any building containing three or more dwelling units, application for a certificate of occupancy will be made to the Housing Inspector, appointed or qualified by the State of New Jersey, and designated to conduct inspections within the Borough of River Edge.
[Amended 5-18-1998 by Ord. No. 1220; 10-5-1998 by Ord. No. 1236]
D.
Certificate of occupancy and permit. No person shall rent, lease or permit any tenant to occupy any dwelling house, dwelling unit or any portion of the premises occupied for a separate and distinct commercial use unless such a person first obtains from the Construction Official a certificate of occupancy and permit authorizing any of the foregoing:
(1)
Prior to the rental or leasing of a dwelling unit to a tenant, application for a certificate of occupancy shall be made in writing to the Construction Official, and consent shall be given therewith to the Construction Official to enter upon and examine the dwelling unit and the building wherein the same may be situated, for which the application is applied, so that the Construction Official may determine whether or not the same fully complies with all municipal ordinances, rules and regulations. No certificate of occupancy shall be issued unless there is full and complete compliance with all of the Borough's ordinances, rules and regulations.
(2)
Each application for a certificate of occupancy shall be made in writing and shall state the name and address of the owner, tenant or other occupant of the same, the name and address of the new proposed tenant or occupant, the name and address of the renting agent, if any, and shall describe the premises to be occupied, including the street address and a designation of the portion of the premises or structure for which the specific application is being made. The application shall set forth the number of persons who will occupy any and all portions of the premises, including the specific portion for which the application is being made and the specific room in the premises to be occupied for sleeping purposes and the number of persons to occupy each sleeping room.
(a)
A certificate of occupancy shall be issued only if the dwelling is provided with a minimum on each floor of one approved Underwriter's Laboratories, Inc. (U.L.) tested and labeled smoke detector, sensing visible or invisible particles of combustion, installed in a manner and location consistent with its listing and approved by the Construction Official. When activated, the detector shall provide an alarm suitable to warn the occupants. The Construction Official shall have the authority to approve the number of detectors required and the location of each.
(b)
When requested for rental of a dwelling unit, as a further requirement for the issuance of a certificate of occupancy, each dwelling unit shall contain at least 250 square feet of floor area space for the first occupant thereof and at least 100 additional square feet of floor space for every additional occupant thereof, the floor space to be calculated on the basis of total habitable room area. Further, in every dwelling unit of two or more rooms, every room occupied for sleeping purposes contain at least 70 square feet of floor space for each person.
(3)
Any person, including any real estate broker or real estate agent or any representative of the foregoing, who in any manner fails to comply with this chapter and who is a part of any transaction resulting in the violation of any of the provisions of this chapter shall be deemed to have violated this section. Such person shall be subject to the penalties provide herein, unless and until a certificate of occupancy is issued.[3]
[3]
Editor's Note: Former Subsection D(3), which provided that a certificate of occupancy shall be issued solely by the Construction Official, as amended 12-16-1996 by Ord. No. 1172, was repealed 5-18-1998 by Ord. No. 1220. This ordinance also provided for the redesignation of former Subsection D(4) as Subsection D(3).
(4)
Any person, firm or corporation who shall violate any of the provisions of this section, upon conviction, may be punished by a fine not to exceed $500, or by imprisonment in the county jail for a period not to exceed 90 days, or both, within the discretion of the Municipal Court. For a second or subsequent violation of any provision of this section, any person, firm or corporation, upon conviction, shall be subject to a fine of at least $250 but not more than $500 or by imprisonment in the county jail for a period not to exceed 90 days, or both, within the discretion of the Municipal Court. Each violation of any of the provisions of this section and each day the same is violated shall be deemed and taken to be a separate and distinct offense.
[Added 5-18-1998 by Ord. No. 1220[4]]
[4]
Editor's Note: This ordinance also provided for the repeal of former Subsection D(5), regarding violations being a separate and distinct violation for every day the violation continues, and former Subsection D(6), regarding maximum penalties, as amended 12-16-1996 by Ord. No. 1172, both of which immediately followed this subsection.
E.
Lead-based paint inspections.
[Added 11-27-2023 by Ord. No. 23-19]
(1)
Required initial inspection. The owner, landlord and/or agent of every single-family, two-family and/or multiple dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards within two years of the effective date of the law, July 2, 2022, or upon tenant turnover, whichever is earlier.
(2)
Required recurring inspection. After the initial inspection, the owner, landlord and/or agent of such dwelling unit offered for rental shall be required to obtain an inspection of the unit for lead-based paint hazards every three years, or at tenant turnover, whichever is earlier, except that an inspection upon tenant turnover shall not be required if the owner has a valid lead-safe certification.
(3)
Standards. Inspections for lead-based paint in rental dwelling units shall be governed by the standards set forth in N.J.S.A. 52:27D-43.7.1 et seq., and N.J.S.A. 55:13A-1 et seq.
(4)
Exceptions. A dwelling unit in a single-family, two-family or multiple rental dwelling shall not be subject to inspection and evaluation for the presence of lead-based paint hazards, or for the fees for such inspection or revaluation, if the unit:
(a)
Has been certified to be free of lead-based paint;
(b)
Was constructed during or after 1978;
(c)
Is in a multiple dwelling that has been registered with the Department of Community Affairs as a multiple dwelling for at least 10 years, either under the current or a previous owner, and has no outstanding lead violations from the most recent cyclical inspection performed on the multiple dwelling under the "Hotel and Multiple Dwelling Law," N.J.S.A. 55:13A-1, et seq.;
(d)
Is a single-family or two-family seasonal rental dwelling which is rented for less than six months duration each year by tenants that do not have consecutive lease renewals; or
(e)
Has a valid lead-safe certification issued in accord with N.J.S.A. 52:27D-437.16(d)(2)
(5)
Fees. Notwithstanding any other fees due pursuant to this chapter the following fees shall be paid:
(a)
Inspection fee. A dwelling owner or landlord shall owe a fee in the amount of $500 plus the cost of laboratory testing for each lead-based paint inspection conducted by the Borough. Said fee shall be dedicated to meeting the costs of implementing and enforcing this subsection and the required contribution to the New Jersey Lead Hazard Control Assistance Fund [N.J.S.A. 52:27D-437.16(h)] and shall not be used for any other purpose.
(b)
Administrative fee. Alternatively, a dwelling owner or landlord may directly hire a private lead evaluation contractor who is certified to provide lead paint inspection services by the Department of Community Affairs in which case a $50 administrative fee shall be paid. Said fee shall be dedicated to the costs of monitoring compliance with this subsection.