Tenafly City Zoning Code
§ 35-802.14
Temporary Uses.
[Ord. No. 06-29 § 1; Ord. No. 10-24 § 29]
a.
Temporary Use Permits. It is recognized that it may be in accordance with the purpose of this chapter to permit temporary activities, and temporary structures as defined by the New Jersey Uniform Construction Code, for a limited period of time, which activities may be prohibited by other provisions of this chapter. Except for the temporary use permits that may be approved directly by the Zoning Officer as set forth in paragraph e, the Governing Body may, upon receipt of an application, direct the Zoning Officer to issue a permit for such a use for a period not to exceed six months, if such uses are of such a nature and are so located that at the time of the petition, they will:
b.
Temporary Uses, All Zones. In all zones, temporary use permits shall be required for:
1.
Temporary office, incidental and necessary for the sale or rental of real property and located on the property offered for sale or rent.
2.
A charity bazaar or carnival conducted by members of a religious organization, nonprofit corporation or club located in the Borough on property owned by said organization or at such other location approved by the Mayor and Council; provided that each permit shall be valid for a period not exceeding six consecutive days and provided further that 90 consecutive days shall intervene between the termination date of one permit and the issuance of another permit for the same location.
c.
Temporary Use, C and M-1 Zones. In the C and M-1 zones, a temporary use permit shall be required for a commercial bazaar or open air carnival, provided the activity is under sponsorship of an established organization located in the Borough; the same time limitations as set forth in paragraph b above hereof shall apply.
d.
Temporary Use, Nonresidential Zones. In zones except for the Residential zones, a temporary use permit shall be required for open-air sale at retail of Christmas trees and greens; provided that no permit shall be effective prior to the 15th day of November in each calendar year and no permit shall be valid for a period exceeding 45 days.
e.
Temporary Use, Storage Containers. Temporary Use Permits for on-site placement of commercially leased, prefabricated, fully-enclosed temporary storage containers ("containers") may be obtained as follows:
[Amended 3-10-2020 by Ord. No. 20-02]
1.
A temporary use permit shall be required for the temporary placement of a container at any site within the Borough of Tenafly.
2.
Temporary use permits may only be issued for containers not exceeding overall dimensions of eight feet in width, 16 feet in length and eight feet in height.
3.
All containers shall be placed in the rear yard to the extent practicable and, if not in the rear yard, then only in the driveway, front yard, or side yard. Containers placed in the front or side yard must be placed at least 10 feet from the front and side yard lot lines. Containers must be placed on existing site grades or on existing paved surfaces, without additions or modifications. Containers shall not impede traffic visibility or interfere with the site triangle of the property and shall not impede the right-of-way. Containers shall not abut the public sidewalk or impede the access of emergency services to the property.
4.
Containers shall only be used by the owner or occupant of the property on which the containers are placed. Containers shall be used only to store household items and shall not be used for any commercial purpose whatsoever, nor for the storage of any items used for business purposes by any owner/occupant. Containers shall not be used for the storage of any hazardous substance, including but not limited to chemical, flammable or explosive materials. Containers shall also not be used for the storage of trash. Utility connections to containers are not permitted.
5.
Application forms for a temporary use permit may be obtained from the Zoning Official or his/her designee. A "completed application" shall consist of a completed application form accompanied by a current survey of the property marked to indicate the proposed location of the container and payment of a $25 administrative fee. The Zoning Official shall grant or deny the temporary use permit within one business day after receipt of the completed application. Failure of the Zoning Officer to act on a completed application shall be deemed a denial. It shall be the applicant's obligation to contact the Building Department to obtain the Zoning Officer's decision on any application for a temporary use permit under this subsection.
6.
The Zoning Officer's denial of a temporary use permit under this subsection may be appealed in writing to the Mayor and Council within 15 days after the application has been denied.
7.
The Zoning Official may issue a temporary use permit to allow the placement of a container on a site located in the one- and two-family residential zones, and only for an initial period of 30 days. Once properly issued, a temporary use permit may be renewed by the Zoning Official for no more than two additional consecutive thirty-day periods upon the applicant's payment of an additional administrative fee of $10 for each such renewal.
8.
All requests for temporary use permits for containers in zone districts other than one- and two-family residential zones, or for locations on a property other than as required above, or for placement durations longer than the ninety-day period mentioned above, and up to a maximum total of six months, may be approved by the Mayor and Council upon receipt of written requests substantiating the need for deviations from the requirements of this subsection.
f.
Termination of Use. Upon termination of any use permitted under this subsection, any temporary building or structure erected in connection therewith shall be removed from the premises at the end of the period specified in such special permit or renewal thereof and the premises shall be restored to the condition existing at the time of the issuance of the Temporary Use Permit.