Saddle River City Zoning Code
ARTICLE VIII
Additional Regulations
§ 210-26 Compliance required.
Any building hereafter erected, any existing building moved, structurally altered, rebuilt or enlarged and any land designed, used or intended to be used shall be strictly in accordance with the permitted uses in the respective zones set forth in this chapter.
§ 210-27 Open space.
A.
Minimum open space shall be provided in conformity with the yard, lot area, building location, maximum total building coverage of lot, off-street parking and loading space and such other regulations designated in this chapter for the zone in which such building or space is located. In the event of unlawful encroachment or reduction of required open space, such building shall be deemed to be in violation of the provisions of this chapter.
B.
A yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall not be considered as providing a yard or open space for any other building.
§ 210-28 Principal buildings.
[Amended 6-17-2002 by Ord. No. 02-734-C]
Every principal building hereafter erected shall be located on a lot. There shall be no more than one principal building on each lot. Every principal building shall be built upon a lot with frontage upon a street in the Borough of Saddle River which conforms to the provisions of N.J.S.A. 40:55D-7 of the New Jersey Municipal Land Use Law.
§ 210-29 Off-street parking and loading space.
Off-street parking and loading space shall be provided as specified in Article IX of this chapter and shall be provided with necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated unless otherwise stated and shall not thereafter be encroached upon nor reduced in any manner.
§ 210-30 Corner lots.
Corner lots shall provide the minimum front yard requirements for the respective zones for both intersecting streets.
§ 210-31 Prohibited acts.
The displaying of goods for sale or storing of products, goods or equipment not incidental to the principal use of the premises in any residential zone shall be prohibited.
§ 210-32 Location of accessory uses and buildings.
[Amended 11-20-1995 by Ord. No. 633]
A.
Accessory uses and buildings shall not be located in front of the principal building and shall not encroach on any required front or rear yard.
B.
Accessory uses and buildings on single-family residential lots may encroach on a required side yard up to the applicable required minimum for one side yard, of 40 feet in the R-1, R-3 and PUD Zones and 15 feet in the R-2 Zone, provided that they are set back from the front building line a minimum of 25 feet.
C.
Accessory uses and buildings in nonresidential zones shall only be located in the rear of a principal building and shall not encroach on any required front or side yard. All accessory buildings and uses shall be a minimum distance of 50 feet from any rear property line, except where a greater distance for a specific use is otherwise established in this chapter.
D.
An accessory use or building shall be erected only on a lot containing a principal building.
E.
The maximum height of any accessory building shall be 17 feet, measured from the finished grade or the lowest floor, whichever is more restrictive.
[Added 7-15-1996 by Ord. No. 639-C; amended 4-15-2002 by Ord. No. 02-725-C]
§ 210-33 Buffer strips and planting strips.
[Amended 10-8-1984 by Ord. No. 404-C; 10-8-1984 by Ord. No. 405-C; 9-18-1995 by Ord. No. 629-C]
B.
Buffer strips.
(1)
Buffer strips 15 feet wide shall be planted along and within every lot line of a retail business zone or an office zone that abuts a residential zone, except that the Planning Board may, by resolution, waive this requirement if, in its opinion, the public safety would be better served if such buffer strip were not required. Buffer strips shall be located a distance of 15 feet from any street line.
(2)
Within 10 feet adjacent to the residential zone, the buffer strip shall be planted with trees and shrubs consisting of the following plant material or its equivalent:
(3)
The above shrubs or their equivalent shall be planted three feet on center and shall be at least three feet in height at time of planting.
(4)
The above trees or their equivalent shall be planted six to eight feet on center, 12 feet inside any business or office property line that abuts a residential zone, and shall be at least six feet in height from the ground level at time of planting.
(5)
Except as required in the PUD Zone and R-3 Zone, a strip 50 feet in depth on each side of New Jersey State Highway No. 17, as the same traverses the Borough, shall be maintained in its natural state by the property owners adjacent to such highway. In the event that any property owner for any reason disturbs the natural state by removing existing vegetation, the property owner shall restore the fifty-foot strip with equivalent shrubs and trees spaced as determined by the Environmental Commission using the spacings specified herein as a guide. This provision shall not apply to sound barriers installed by the state or berms created by the property owner except that any such berm shall be approved by the Borough Engineer.
C.
Planting strips. A planting strip shall be a five-foot strip between the curbline of a business or office driveway and/or parking area and the front lot line which shall be planted with shrubs three feet on center and at least two feet in height at time of planting, consisting of the following plant material or its equivalent:
D.
Maintenance. Any required buffer strip or planting strip shall be maintained by the owner or owners of the lots on which the same are situated, in accordance with the terms and provisions of Chapter 88 of the Municipal Code of the Borough, "Brush, Grass and Weeds."
[Amended 7-21-2003 by Ord. No. 03-748-C]
§ 210-34 Floor area.
§ 210-35 Parking of commercial vehicles.
Outside parking of commercial vehicles in residential zones is prohibited except for deliveries or temporary service.
§ 210-36 Prohibited uses in all districts.
A.
Any use that is noxious by reason of emission of odor, dust, noise, vibration, smoke, danger of fire, explosion or other physical hazard is prohibited in all districts.
B.
Anything to the contrary in this chapter notwithstanding, no helicopter and/or airplane landing or takeoff areas shall be permitted in any zone as shown on the Zoning Map of the Borough of Saddle River, as the same is considered to be detrimental to the health and welfare of the residents of the Borough.
[Added 7-13-1981 by Ord. No. 352-C]
C.
All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, but not the delivery of cannabis items and related supplies by a delivery service.
[Added 4-19-2021 by Ord. No. 21-1015-C]
§ 210-36.1 Residential driveways.
[Added 9-18-1995 by Ord. No. 629-C; amended 7-21-2003 by Ord. No. 03-748-C]
No more than one curb cut shall be provided to a residential lot. A second curb cut shall be permitted if the building lot frontage is 200 feet or greater.
B.
Driveways on R-3 and R-3 Residential Zone lots shall be set back at least 10 feet from the side lot lines behind the front building line, and the area between the garage and the nearest side lot line shall consist of existing preserved forestation and/or landscaping.
§ 210-36.2 Auxiliary power generator in multi-residential structures.
[Added 7-17-2000 by Ord. No. 00-701-C]
Any residential or commercial structure within the Borough of Saddle River that has living quarters for 50 or more residents is required to provide power for all essential services in the event of a loss of power in this multi-residential structure. The power shall be provided by an auxiliary power generator that will immediately be able to provide essential services in the structure for as long as the power outage may last.
§ 210-36.3 Certain Uses Relating To Marijuana Prohibited.
[Added 10-15-2018 by Ord. No. 18-952-C]
A.
The operation of retail marijuana establishments, which includes retail marijuana stores, retail marijuana cultivations facilities, retail marijuana products, manufacturing facilities, and retail marijuana testing facilities, and the operation of retail marijuana social clubs are prohibited with the Borough of Saddle River and, therefore, all activities related to the above mentioned retail uses such as, but not limited to, cultivation, extraction, manufacturing, processing, storing, laboratory testing, labeling, transporting, delivering, dispensing, transferring and distributing either recreational or medicinal marijuana are expressly prohibited with the Borough of Saddle River. For purposes of this section, “hookah lounges” and similar establishments in which a primary use is the use of a shared smoking device shall be considered a retail marijuana establishment regardless of whether marijuana is used or consumed through such smoking device.
B.
To the extent that the State of New Jersey permits a municipality to opt out of any State legislation permitting any use set forth in Subsection A. of this § 210-363, the Borough of Saddle River does hereby so opt out.
C.
Nothing in this section shall be interpreted to prohibit a licensed medical professional from issuing a prescription for medical marijuana to a patient.[1]
[1]
Editor's Note: Former Article VIIIA, AH-1 Affordable Housing Zone District-1, adopted 2-25-2019 by Ord. No. 19-967-C, was repealed 4-20-2020 by Ord. No. 20-988-C. Former Article VIIIB, AHO-2 Affordable Housing Overlay Zoning District-2, adopted 2-25-2019 by Ord. No. 19-968-C, was repealed 4-20-2020 by Ord. No. 20-989-C.