Saddle River City Zoning Code
ARTICLE II
R-1 Residential Zone
§ 210-9 Permitted uses.
[Amended 12-12-1983 by Ord. No. 393-C; 3-18-1991 by Ord. 559-C; 4-19-1993 by Ord. No. 590-C]
Permitted uses in the R-1 Residential Zone are listed in this article. Any uses not so listed are expressly prohibited.
A.
Dwellings. Single-family detached dwellings shall be a permitted use.
(1)
A private garage shall be a permitted accessory use on the premises, provided that all garage areas shall be serviced by one or more garage doors not exceeding 10 feet in width. Double doors shall not exceed 18 feet in width and shall count as two doors. There shall be no more than six garage doors on the premises. No portion of any premises shall be used as a private garage unless it complies with applicable building, fire and other codes.
[Amended 4-15-2002 by Ord. No. 02-725-C; 5-15-2017 by Ord. No. 17-934-C]
B.
Places of worship. Churches, places of worship and religious instruction, and, in conjunction with the foregoing uses and on the same premises, parish houses and classrooms in the same or a separate building shall be permitted uses. In addition, in conjunction with a church or place of worship and religious instruction on a tract of 25 or more acres and on the same premises, boardinghouses and other congregate residential facilities and retreats for members of an established religious order and/or boardinghouses and other congregate residential facilities reserved for occupancy by low- and moderate-income elderly persons of all faiths shall also be permitted uses, provided that the same comply with all requirements of § 210-47.1 below.
[Amended 5-15-2000 by Ord. No. 00-691-C; 10-17-2005 by Ord. No. 05-783-C; 7-21-2014 by Ord. No. 14-900-C]
C.
Schools. Schools, limited to primary or secondary level only, together with playgrounds and accessory buildings, shall be permitted uses, provided that the same comply with all requirements of § 210-43 below.[1]
[1]
Editor's Note: Former Subsection D, regarding cultural institutions and similar uses, which immediately followed this subsection, was repealed 7-21-2014 by Ord. No. 14-900-C. This ordinance also provided for the redesignation of the subsequent subsections.
D.
Farms, animals and poultry.
(1)
The following shall be permitted uses:
(a)
Farms, truck gardens and sale of farm products raised on the premises.
(b)
All farm animals shall be adequately housed and, except for horses, shall be confined to the owner's property lines at all times.
(c)
The number of horses shall be limited to one per acre or two miniature horses, 38 inches or less in height, per acre.
[Amended 8-15-2022 by Ord. No. 22-1039]
(d)
All poultry, including pigeons, shall be adequately housed, and, except for homing pigeons, shall be confined to the owner's property lines at all times.
E.
Reservoirs. Reservoir or water supply reservation when owned and operated by the Borough or a duly established authority thereof shall be a permitted use.
F.
Public utilities. Public utility lines and incidental equipment such as poles, wires, conduits and underground pipe shall be permitted uses.[2]
[Amended 7-21-2014 by Ord. No. 14-900-C]
[2]
Editor's Note: Former Subsection H, regarding public buildings, which immediately followed this subsection, was repealed 7-21-2014 by Ord. No. 14-900-C. This ordinance also provided for the redesignation of the subsequent subsections.
G.
Retention/detention drainage facilities necessary to minimize any increase in the rate of runoff.
H.
Storage of unregistered motor vehicles and registered and disabled registered vehicles. Unregistered motor vehicles, motor vehicles not registered in the name of the owner or tenant or a member of the immediate family of either and disabled registered motor vehicles shall not be stored for more than 10 days except in an enclosed garage on any lot in a residential zone in the Borough of Saddle River. For the purposes of this section, the term "disabled" shall mean a motor vehicle which is partially dismantled, nonoperating, wrecked or in such a state of disrepair that it cannot be readily made operable and conform to all the requirements of the New Jersey Division of Motor Vehicles.
§ 210-10 Accessory uses.
Accessory uses shall be permitted; provided, however, that the following limitations shall apply to the specified accessory uses:
A.
Private stables to house the number of horses permitted by § 210-9E(1)(c), private garages in accordance with § 210-10A(6), private pool houses/cabanas, private tennis field houses, gazebos and private storage facilities are permitted, provided that:
[Amended 4-15-2002 by Ord. No. 02-725-C]
(1)
The number of accessory buildings on a residential building lot shall not exceed three. This does not apply to those properties of five acres or more and which are qualified pursuant to the farmland assessment act.
(2)
Accessory buildings or structures including patios which are less than three feet above the finished grade adjacent to such structures may have a basement or crawl space beneath them to be used to house mechanical equipment or for storage purposes, but in no event shall such space be used for habitation.
[Amended 7-18-2011 by Ord. No. 11-851-C]
(3)
Accessory buildings shall not exceed one story. The maximum height of an accessory building shall be 17 feet to the ridgeline, not including chimneys and all other appurtenances. Height of accessory buildings shall be measured from the averaged finished grade or the lowest floor, whichever is more restrictive.
(4)
The maximum size of each accessory building shall not exceed 1,000 square feet.
(5)
Accessory buildings shall be considered part of the calculation in determining the building area as noted in Schedule B.
[Amended 10-18-2010 by Ord. No. 10-843-C]
(6)
Garage and garage structures. The private garage shall be located and accessed as provided for herein.
[Amended 5-15-2017 by Ord. No. 17-934-C]
(a)
A private garage shall be a permitted accessory use on the premises, provided that all garage areas shall be serviced by one or more garage doors not exceeding 10 feet in width. Double doors shall not exceed 18 feet in width and shall count as two doors. There shall be no more than six garage doors on the premises. No portion of any premises shall be used as a private garage unless it complies with applicable building, fire and other codes.[1]
[1]
Editor’s Note: Former Subsection A(6)(b), regarding the use of mechanical lifts for garages, which immediately followed, was repealed 7-18-2016 by Ord. No. 16-921-C.
B.
Dish or satellite antennas shall be a permitted accessory use, provided that:
[Amended 5-12-1980 by Ord. No. 334-C; 12-12-1983 by Ord. No. 393-C]
(1)
The building lot contains a principal building.
(2)
The antenna is located in the rear yard of the lot.
(3)
The antenna is a freestanding structure.
(4)
The antenna shall be effectively screened by vegetation of the type prescribed by § 210-33 of this chapter, which shall be maintained in good condition at all times so that the dish or satellite antenna shall not be visible from any adjacent property or public street.
(5)
The antenna shall not be located any closer than 40 feet to any side line of the lot or 50 feet to any rear line of the lot on which it is located, and no more than one dish or satellite antenna shall be erected on any building lot.
C.
Tennis courts shall be a permitted accessory use, provided that:
[Amended 5-12-1980 by Ord. No. 334-C; 12-12-1983 by Ord. No. 393-C; 3-18-1991 by Ord. No. 559-C]
(1)
The building lot contains a principal building.
(2)
The tennis court is located in the rear yard of the lot.
D.
Breezeways or other covered passageways shall be permitted to connect a principal building with an accessory building, but the fact that an accessory building is connected to a principal building by the passageway shall not relieve the accessory building from complying with the terms and provisions of § 210-32 of this chapter.
[Amended 12-12-1983 by Ord. No. 393-C]
E.
Generator pads. A generator pad or pads shall be a permitted accessory use, provided that:
[Added 7-18-2011 by Ord. No. 11-851-C]
(1)
The generator pad shall comply with required principal building setbacks.
(2)
If the area covered by generator pads within the lot is less than or equal to 80 square feet in total, such coverage shall not count towards the maximum permitted improved lot coverage.
(3)
The generator which is provided on the generator pad shall be screened by vegetation of a type, height and density that provides for year-round screening so that the generator shall not be visible from adjacent properties or the public street. Such screening shall be maintained in good condition at all times.
(4)
Irrespective of any other unrelated non-conformities or zoning violations, the installation of generator pads and generators shall be granted by the Building Inspector if the location and dimensions of the generator pad or pads are drawn to scale on a survey of the subject property and the survey is accompanied by a certification by the homeowner in which he or she certifies that the survey is accurate as to the location of the generator pad on the survey.
[Amended 6-18-2012 by Ord. No. 12-868-C; 12-17-2018 by Ord. No. 18-961-C]
(5)
The generator shall meet the standards of the New Jersey Noise Control Act,[2] in which the maximum sound level measured at the closest residential property line shall not exceed 65 dBA between 7:00 a.m. and 10:00 p.m. and a maximum of 50 dBA between 10:00 p.m. and 7:00 a.m.
[2]
Editor's Note: See N.J.S.A. 13:1G-1 et seq.
F.
Window wells and outdoor stairs leading to basements.
[Added 7-18-2011 by Ord. No. 11-851-C]
(1)
Window wells and outdoor stairs leading to a basement shall comply with required principal building setbacks.
(2)
The area of the lot covered by window wells and outdoor stairs leading to a basement shall not count towards the maximum permitted improved lot coverage or building area.
(3)
Outdoor stairs leading to a basement may exceed four feet in height from the bottom stair to the uppermost portion of the stairwell structure, provided that pursuant to Chapter 183, Soil Relocation, § 183-6, the maximum change in grade of the structure which it serves shall not exceed four feet above the existing average ground elevation.
G.
Outdoor heating, ventilation, and air-conditioning (HVAC) equipment.
[Added 12-19-2011 by Ord. No. 11-858-C]
(1)
Outdoor heating, ventilation and air-conditioning (HVAC) equipment shall be located so as to have the least visual and audio impact on adjoining residential uses.
(2)
HVAC equipment located at grade outside of a principal or accessory structure shall adhere to the following requirements:
(a)
Such equipment and/or the pad on which it is located may be within 40 feet of a side or rear lot line, but no portion shall be located within the twenty-five-foot nondisturbance area or buffer.
(b)
All ground-mounted HVAC equipment shall be suitably buffered and screened to minimize views from adjacent residential properties or the public right-of-way.
(c)
Up to 40 square feet of area that is covered by the HVAC unit or the pad upon which it is located shall be exempt from the calculation of impervious lot coverage.
(3)
The provisions of this section shall not apply to window-mounted HVAC units, nor the replacement of existing ground-mounted HVAC equipment, provided the area covered by such equipment is not altered or increased.
§ 210-11 Conditional uses.
[Amended 3-18-1991 by Ord. No. 599-C; 7-21-2014 by Ord. No. 14-900-C]
The following shall be conditional uses:
§ 210-11.1 Miscellaneous requirements.
[Added 4-17-2000 by Ord. No. 00-690-C]
The following requirements shall apply in the R-1 Residential Zone District:
A.
Nondisturbance areas.
[Amended 3-17-2002 by Ord. No. 02-726-C; 7-8-2011 by Ord. No. 11-851-C; 7-21-2014 by Ord. No. 14-900-C]
(1)
Adjacent to each side line and rear line of a lot there shall be a minimum of 25 feet of such lot which shall be a nondisturbance area, wherein no soil movement or tree removal may take place. The nondisturbance areas shall remain in their natural state, except with written prior approval by the Borough Engineer. No structures shall be located in nondisturbance areas, except fences supported by posts with a width and depth of no greater than six inches and pillars, piers, stanchions, cheek walls, and gates pursuant to § 105-4C and K.
(2)
Removal of any dead, diseased or living deciduous tree having a circumference of more than 25 inches at their widest point or a dead, diseased or living coniferous tree greater than 15 feet in height shall be subject to the provisions of § 202-4A(1) (in Chapter 202, Trees) regarding tree removal in nondisturbance areas.
(3)
Applicants proposing tree and/or brush removal other than described above, the installation of an irrigation system with power tools in the nondisturbance areas, and/or the elimination of vegetation exceeding the limits and/or not involving endangered species as herein provided shall require prior approval. In those incidences, the applicant shall submit a plan to the Construction Office showing the existing conditions, the proposed conditions, with a specific description of work to be performed, with particular attention to the area of disturbance. The plan shall depict subject areas, existing vegetation, removals and proposed plantings, as well as supplemental information as may be deemed necessary to complete the review. The plan shall provide caliper size of trees, height of shrubs and root ball treatment, as well as proposed spacing and quantities. This shall be referred to as "tier two work."
[Amended 4-17-2017 by Ord. No. 17-930-C]
(4)
The preservation of natural forestation shall be an integral part of the nondisturbance areas. As criteria for the plan preparation and the approval process, the following requirements are established:
(a)
Good quality trees and shrubs shall remain.
(b)
Proposed plantings of native species are encouraged.
(c)
All trees and shrubs shall be a species common to the area, of nursery stock and free of insects and disease.
(d)
Notwithstanding any other provision of Subsection A, applicants proposing to remove plants from a nondisturbance area that are contained on the Borough Invasive Species List, or to install irrigation using hand tools only, shall be permitted to do so without prior approval if the work meets the definition of "incidental plant removal" as defined herein. This shall be referred to as "tier one work."
[Added 4-17-2017 by Ord. No. 17-930-C]
B.
Cupolas. Decorative cupolas may be placed on roof ridges according to the following regulations:
[Amended 12-19-2011 by Ord. No. 11-858-C]
(1)
For cupolas with a square base, the cupola shall not be more than three feet wide and three feet deep. For cupolas with a circular base, the diameter as measured through the center point of the circle shall not be greater than three feet. For cupolas with a base consisting of more than four sides, the radius as measured from the center of the base to any one side shall be a maximum of 18 inches.
(2)
No cupola shall extend more than five feet in height above the ridge of the roof. However, a weathervane or finial or other decorative feature may extend an additional 2.5 feet above the cupola.
(3)
No cupola shall be used as habitable or recreation space.
(4)
Provided the cupola adheres to the requirements of this section, the height of a cupola shall be exempt from the maximum building height limit permissible in the respective zone in which it is located.
(5)
Cupolas may only be internally lit.
C.
Decorative fountains. Decorative fountains or statues may be placed in front yard setbacks, subject to the following regulations:
[Added 12-19-2011 by Ord. No. 11-858-C; amended 8-21-2023 by Ord. No. 23-1063]
D.
Garage doors shall not face the street, on corner lots they shall face the side of the home.
[Added 2-26-2018 by Ord. No. 18-944-C]
E.
Adornments atop a roof or overhang, other than lightning rods, are not permitted. Lightning rods shall be no more than 24 inches in height.
[Added 8-21-2023 by Ord. No. 23-1063]