Saddle Brook City Zoning Code
ARTICLE VI
Supplemental Use Regulations
§ 206-10 Outdoor storage.
There shall be no outdoor storage of any article, material or merchandise in any zoning district.
§ 206-11 Temporary permits for incidental uses.
Whenever, in connection with an application for a permit to erect or alter a building or buildings on a specified lot or adjoining lots in conformity with the requirements of this chapter, an application is also made by the same applicant for a permit to erect an accessory building or structure on the same lot, to be used temporarily for uses, incidental to the construction or sale of the main building or buildings, which are nonconforming uses in the district, the Construction Official shall have authority, in his discretion, to issue a temporary permit for a specified period not exceeding one year, for the incidental uses specified therein. Such uses may include storage of building supplies and machinery, mixing or assembling of building materials and supplies, a construction office, and a real estate office used solely for the purpose of selling all or any part of said property. Such temporary permits may be renewed for periods not to exceed six months; provided, however, that any such permit shall expire three months after completion of construction.
§ 206-12 Vending machines.
Vending machines designed and used for the sale of cigarettes, candy, soft drinks, milk, newspapers or other merchandise are permitted only within the confines of a building and only in the nonresidential zones.
§ 206-13 (Reserved) [1]
[1]
Editor's Note: Former § 206-13, Commercial vehicles in residential zones, was repealed 10-24-1985 by Ord No. 914.
§ 206-13.1 Parking of trucks and tractor trailers.
[Added 10-24-1985 by Ord. No. 914]
A.
Truck parking.
(1)
No trucks exceeding 18 feet in length or eight feet in height shall be permitted to park on any residential property or on any residential streets in the R-A, R-B, R-T or R-M Residential Zone.
[Amended 5-24-2001 by Ord. No. 1230; 10-10-2002 by Ord. No. 1262; 5-13-2004 by Ord. No. 1323]
(2)
Notwithstanding any provision of this section to the contrary, the parking of any vehicle on a street remains subject to regulation, of parking established pursuant to the Township, county or state traffic and zoning regulations. Any vehicle not exceeding this length is exempt from the provisions of this section.
B.
Tractor-trailer parking.
(1)
The parking of a tractor-trailer or the parking of the trailer separately or the tractor separately, is specifically prohibited from parking on any streets in any zones.
(2)
Parking of such vehicles in certain zones abutting or in proximity to any of the residential zones or any residential property or any residential streets in the R-A, R-B, R-T or R-M Residential Zones or on Rosal Lane shall provide for effective screening from said zones and streets by a fence, wall, gate, door, hedge, trees, other plant material, landscaping or a combination of such items.
[Amended 10-10-2002 by Ord. No. 1262]
(3)
Every off-street parking area, including parking spaces and driveway areas for the parking of such vehicles hereinbefore described, shall be surfaced with an asphaltic or portland cement binder pavement so as to provide a durable and dustless surface, shall be so graded and drained as to dispose of all surface water accumulated within the area, and shall be so arranged and marked as to provide for orderly and safe loading or unloading and parking of such vehicles.
C.
Refrigerated trucks. Parking of refrigerated trucks in any zone is hereby prohibited except for the purposes of delivery only and for a period not exceeding two hours in duration.
D.
Jurisdiction to enforce the provisions of this section shall be conferred upon the Township of Saddle Brook Police Department with respect to any alleged violation of the same occurring on any public street or highway. Jurisdiction to enforce the provisions of this section regarding any alleged violation of the same occurring on any public or private residential property shall be conferred upon the Zoning Officer of the Township of Saddle Brook.
[Added 5-24-2001 by Ord. No. 1230[1]]
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection D as Subsection E.
§ 206-13.2 Parking of livery service vehicles.
[Added 9-10-1998 by Ord. No. 1169]
The parking of livery service vehicles upon any street between the hours of 5:00 p.m. to 8:00 a.m. is hereby prohibited.
§ 206-13.3 Parking on unsurfaced grass or dirt areas.
[Added 4-20-2023 by Ord. No. 1730-23]
There shall be no parking on any unsurfaced grass or dirt areas by vehicles in the Township of Saddle Brook.
§ 206-14 Recreational vehicles in residential zones.
Camping and recreational equipment as defined in § 206-3 may be parked on private residential property subject to the following conditions:
A.
At no time shall such camping or recreational equipment be occupied or used for living, sleeping or housekeeping purposes.
B.
If the camping or recreational equipment is parked outside of a private residential garage, it shall be parked or stored to the rear of the front building line of the lot and not within three feet of the side and rear lot lines. On a corner lot, said equipment shall be parked to the rear of the building lines on each street.
C.
Notwithstanding the provisions of Subsection B above, camping or recreational equipment may be parked anywhere on the premises during loading or unloading.
D.
The maximum length of any boat which may be parked or stored unenclosed in the rear yard of any residential lot is 16 feet.
§ 206-15 Objectionable uses prohibited.
No building or permits shall be used for any trade, industry or purpose that is noxious or offensive by reason of smoke, fumes, dust, gases, odors or other air pollutant, noise or vibration, fire and explosion hazards or other activity dangerous to public health or safety that would in any way violate any applicable state or local health and safety regulations. No noise-making devices such as phonographs, loud speakers, amplifiers, radios, television sets or similar devices shall be used or so situated so as to be heard beyond the limits of the property.
§ 206-16 Prohibition of nonpermanent business activities.
[Added 4-1-1991 by Ord. No. 1022]
A.
In all districts, the offering for sale, transport, transfer and/or assembly of goods and/or services from automobiles, trucks, wagons, railcars, sheds, tents and any other nonpermanent structure, no matter how described or constructed, shall be prohibited. In addition, any business activities, no matter how described, shall be limited to the confines of a permanent primary structure located on the property.
B.
Transient merchants. A "transient merchant" or "vendor" is defined as any person, firm or corporation that engages in the sale of goods, wares or services from public or private premises on a temporary basis for a temporary period of time. It shall be unlawful for any person, firm or corporation to engage in, carry on or conduct the business of a transient merchant or vendor in the Township of Saddle Brook. "Transient merchant" or "vendor" shall not include a private homeowner who shall conduct what is known as a "garage" or "tag" or "lawn sale" for a period of time not exceeding three days within a period of three months.
C.
It shall be unlawful to sell or offer to sell any goods, wares, services or commodities of any kind on any public street or sidewalk in the Township, except that those persons who operate a retail business may, as part of the business, sell or offer to sell, on a temporary basis, goods, wares, services or commodities from the public sidewalk immediately adjoining the premises. Such a temporary basis shall be limited to a period of not more than 12 days per year.
D.
The restrictions provided for in this section shall not apply to charitable, religious or civic organizations; however, those organizations must file a written notice with the Township Clerk's office and with the Zoning Officer setting forth the date, time, place and duration of their activities at least 10 days prior to the commencement of such activities.
§ 206-17 Certain establishments prohibited.
In all districts, no building or land shall be used for a pool parlor or billiard parlor or game parlor or movie house, bowling alley, skating rink, gymnasium or sports center.
§ 206-18 Racing and tracks prohibited.
In all districts, all types of automobile racing, motorcycle racing or dog racing and the construction of a track for such racing or races are hereby prohibited. Animals rides of any type and pony tracks, no matter how described, are also prohibited.
§ 206-19 Fast-food and drive-in restaurants prohibited.
A.
Drive-in restaurants or refreshment stands, commonly called "snack bars," "hamburger stands" or "hot dog stands," where customers and patrons are served food, soft drinks, ice cream and/or similar confections for their immediate consumption at counters, stools or bars outside the confines of the building or structure in which the business is conducted or for consumption in automobiles parked upon the premises, whether brought to said automobiles by the customers or patrons or by waiters or waitresses employed by the operator, are specifically prohibited in all districts.
B.
Fast-food restaurants are prohibited in all districts.
C.
The above shall not be construed to prohibit the operation of refreshment stands at parks, beach clubs, swimming clubs, athletic fields or other similar recreation areas, nor the temporary operation of refreshment stands at properly licensed circuses, bazaars and other social functions.
§ 206-20 Car washes prohibited.
In all zones or zoning districts within the Township of Saddle Brook the use or uses commonly described and known as car washes and automobile laundries, including but not limited to coin-operated car-washing machines, are hereby expressly prohibited.
§ 206-21 Truck terminals and incinerators prohibited.
§ 206-22 Landing or taking off of aircraft prohibited.
A.
Aircraft landing facilities.
(1)
In all districts in the Township of Saddle Brook there shall be prohibited the use of any land or property or any buildings or rooftops or structures for the purpose of accommodating the taking off or the landing of airplanes, helicopters or any and all other types or kinds of airborne vehicles.
(2)
There shall also be prohibited in all zoning districts within the Township of Saddle Brook the construction or development or alteration of any structure, roof or building to accommodate the taking off or the landing of airplanes, helicopters or any and all other types or kinds of airborne vehicles.
B.
It is intended by this section to expressly prohibit all and any described type of the use of property or buildings, whether same be classified as an airplane, helicopter, heliport or helistop or any other term that may be applied to the taking off and landing of airborne vehicles.
§ 206-23 Duplexes prohibited.
[Added 6-29-2006 by Ord. No. 1388; 10-10-2008 by Ord. No. 1449-08]
Duplexes shall be prohibited in all districts and zones, except that duplexes shall be permitted in the R-B and R-T Districts on lots with minimum dimensions of one-hundred-foot frontage and one-hundred-foot depth.
§ 206-23.1 Marijuana uses.
[Added 9-6-2018 by Ord. No. 1646-18]
A.
General use restrictions. The operation of retail marijuana establishments, which includes retail marijuana stores, retail marijuana cultivation facilities, retail marijuana products manufacturing facilities, and retail marijuana testing facilities, and the operation of retail marijuana social clubs, are prohibited within the Township of Saddle Brook and, therefore, all activities related to the above-mentioned retail uses, such as, but not limited to, cultivation, possession, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, delivering, dispensing, transferring and distributing, are expressly prohibited within the Township of Saddle Brook.
B.
Medical use of marijuana. This section shall not be construed to prohibit, or limit, in any way those otherwise permitted uses that involve the sale, cultivation, manufacturing, testing or other utilization of what is commonly known as "medical marijuana," but only as sanctioned by the provisions of the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq.
§ 206-23.2 Retail electronic smoking device establishments and vape shops.
[Added 6-4-2020 by Ord. No. 1680-20]
A.
Retail electronic smoking device establishments and vape shops shall be permitted on Route 46 West, between Outwater Lane and Fifth Street, but shall be prohibited on all other lands or premises in all other zones in the Township of Saddle Brook. This prohibition shall extend 1,000 feet from the driveway of any and all properties in the aforestated permitted area.
B. RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT VAPE SHOP VAPOR PRODUCT
Definitions. As used in this section, the following terms shall have the meanings indicated:
Any establishment that solely sells, distributes, gives, offers or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
Any commercial establishment whose principal business is the retail sale, service or use of electronic smoking devices, liquid nicotine or vapor products.
Any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic or chemical means to produce vapor from nicotine or other inhalation agents.
§ 206-24 Other prohibited uses; conditional uses in industrial zones.
A.
Home industry use prohibited. Home industry shall be prohibited in all residential areas in the Township. Home occupation, home professional offices and homebased businesses shall be prohibited in all residential areas in the Township, except if conducted in accordance with the each and every provision of Subsection D of this section below, in which case such use shall be deemed a permitted use.
[Amended 5-11-2000 by Ord. No. 1203]
B.
Other prohibited uses in all areas of the Township.
(1)
Funeral parlors in B-1 Zone (Primary Business District).
(2)
Outdoor theaters and motion picture houses, transportation, terminals, railroad stations, public garages, gasoline filling and service stations, printing and publishing uses, auto and truck sales and rentals, commercial recreational facilities, including bowling alleys, skating rinks, gymnasiums, sports centers.
C.
Conditional use in Industrial Zone. Express carting or hauling offices and stations, contractors offices and equipment storage, the sale and storage of lumber, fuel and building materials are permitted only as a conditional use in industrial areas.
D.
Home office use permitted. "Home office use," meaning an office activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in residential zone districts, provided that:
[Added 5-11-2000 by Ord. No. 1203]
(1)
The use is limited solely to office use.
(2)
The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit and no other persons.
(3)
No nonresident employees, customers or business or business invitees or guests shall visit the dwelling unit for business purposes.
(4)
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household.
(5)
Interior storage of materials shall only consist of office supplies.
(6)
There shall be no change to the exterior of buildings or structures because of the use, and no outside appearance of a business use including, but not limited to, parking, storage, signs or lights.
(7)
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents.
(8)
The use does not require any increased or enhanced electrical or water supply.
(9)
The quantity and type of solid waste disposal is the same as other residential uses in the zone district.
(10)
The capacity and quality of effluent is typical of normal residential use and creates no potential or actual detriment to the sanitary sewer system or its components.
(11)
Delivery trucks shall be limited to United States Postal Service, United Parcel Service, Federal Express and any other delivery services providing regular service to residential uses in the zone district.
(12)
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.