Teterboro City Zoning Code
ARTICLE IV
Zone Regulations
§ 185-8 General requirements.
A.
Permitted uses. No structure or addition thereto shall hereafter be built, moved or remodeled and no structure or land shall hereafter be used, occupied, reoccupied, designed or improved for use or occupancy except for a use that is permitted within the zone in which the structure or land is located.
B.
Lot size requirements. No structure, or part thereof, shall hereafter be built, moved or remodeled and no structure or land shall hereafter be used, occupied or arranged or designed for use or occupancy on a lot which is:
(1)
Smaller in area than the minimum lot area required in the zone in which the structure or land is located;
(2)
Narrower than the minimum lot width required in the zone in which the structure or land is located; or
(3)
Shallower than the minimum lot depth required in the zone in which the structure or land is located.
C.
Bulk regulations. In these regulations, bulk regulations are expressed in terms of maximum structure height, maximum lot coverage, maximum floor area ratio, minimum open space ratio and minimum front, side and rear yards. No structure, or part thereof, shall hereafter be built, moved or remodeled and no structure or land shall hereafter be used, occupied or designed for use or occupancy:
(1)
So as to exceed the maximum lot coverage percentage, the maximum structure height or the maximum floor area ratio specified for the zone in which the structure is located; or
(2)
So as to provide any setback or front, side or rear yard or an amount of open space that is less than that specified for the zone in which such structure or use of land is located or maintained. Each side yard shall meet the minimum side yard requirements of the applicable zone.
D.
Use limitations. No permitted use hereafter established, altered, modified or enlarged shall be operated or designed so as to conflict with the use limitations for the zone in which such use is, or will be, located. No permitted use already established on the effective date of the regulations shall be altered, modified or enlarged so as to conflict with, or further conflict with, the use limitations for the zone in which such use is located.
E.
Number of structures and uses on a lot. Not more than one principal building shall be located on a single lot, nor shall a principal building be located on the same lot with any other principal building.
F.
Restrictions on allocation of required yards or open space. No part of the lot area or a yard or other open space or off-street parking or loading space provided in connection with any structure or use in order to comply with the provisions of these regulations shall, by reason of change of ownership or otherwise, be included as part of the minimum lot area or a yard, other open space or off-street parking or loading space required for any other structure or use except as specifically provided herein. All the lot area and all yards and other spaces provided in connection with any structure or use in order to comply with the provisions of these regulations shall be located on the same lot as such structure or use. No part of the lot area or of a yard, other open space or off-street parking or loading space provided in connection with any structure or use (including but not limited to any structure or use existing on the effective date of these regulations or of any amendment thereof) shall be subsequently reduced below, or further reduced if already less than, the minimum requirements of these regulations for equivalent new construction.
G.
Obstructions in required yards.
(1)
The following shall not be considered to be obstructions and shall be permitted when located in a required yard:
(a)
In all yards: open terraces not over four feet above the average level of the adjoining ground, but not including a permanently roofed-over terrace or porch; awnings or canopies; steps four feet or less above grade which are necessary for access to a permanent structure or for access to a lot from a street or alley; one-story bay windows and overhanging eaves and gutters projecting 30 inches or less into the yard; arbors and trellises; flagpoles; signs, when permitted by § 185-18D; and sidewalks.
(b)
In any yard except a front yard: accessory uses meeting the applicable minimum side yard requirements; open and closed fences not exceeding six feet in height; and parking and loading facilities, provided that a minimum distance of six feet is maintained between parking facilities and buildings.
(2)
If any provision in these regulations requires a fence in a front yard, or requires a fence that has a minimum height in excess of six feet in any yard except a front yard, then such fence shall be a permitted obstruction within the meaning of this section.
(3)
Private roads serving uses on other lots shall not be permitted in any zone.
H.
Open space. Open space shall be a landscaped area on which those obstructions permitted in Subsection G herein are permitted.
I.
Every new development that creates or generates five or more residential units shall deed restrict at least 20% of the total number of units as housing affordable to low- and moderate-income households as these terms are defined in N.J.A.C. 5:93. This requirement is unwaivable. Any effort on the part of a developer to produce less than a 20% affordable housing setaside is contrary to the public good and is a prima facie basis for the reviewing board to deny the development application in full. All such affordable housing generated pursuant to this provision shall fully comply with Teterboro's Affordable Housing Ordinance[1] and the Uniform Housing Affordability Controls rules (N.J.A.C. 5:80-26.1 et seq.). This provision does not give any developer the right to any rezoning, variance or other relief, or establish any obligation on the part of Teterboro or its boards and agencies to grant such rezoning, variance or other relief to a developer.
[Added 7-11-2017 by Ord. No. 577]
J.
Pursuant to Section 31b of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act (P.L. 2021, c. 16), all classes of cannabis establishments, cannabis distributors or cannabis delivery services, including cannabis cultivators, manufacturers, wholesalers, retailers, cannabis testing facilities, medical cannabis dispensaries, clinical registrant or cannabis retailer including alternative treatment centers pursuant to Section 7 of P.L. 2009, c. 307 (C.24: 61-7) are expressly prohibited within the Borough of Teterboro. This subsection shall not regulate or prohibit the delivery of cannabis items and related supplies by a delivery service or establish hours for such delivery of cannabis items and related supplies. By statute, the Borough cannot and will not prohibit the delivery of cannabis items and related supplies by a delivery service, within the Borough. By statute, the Borough also cannot and will not set the hours for delivery of cannabis items and related supplies by a delivery service within the Borough.
[Added 11-8-2018 by Ord. No. 594; amended 7-13-2021 by Ord. No. 622]
§ 185-9 Low Density Residential Zone. [1]
In the Low Density Residential Zone, the following provisions and regulations shall apply:
A.
Purposes. This zone is designed to accommodate low density residential uses.
B.
Permitted uses. Permitted uses shall be single-family dwellings, duplexes and two-family dwellings.
C.
Lot size and density requirements. Lot size and density requirements shall be as follows:
D.
Bulk regulations. Bulk regulations shall be as follows:
[1]
Editor's Note: Ordinance No. 379, adopted 6-30-1997, supersedes the Low Density Residential Zone requirements for Lot Nos. 14 through 21 and 34, Block 307; see Appendix A included as an attachment to this chapter.
§ 185-9.1 Medium Density Residential Zone.
[Added 8-25-1999 by Ord. No. 409]
In the Medium Density Residential Zone, the following provisions and regulations shall apply:
A.
Purposes. This zone is designed to accommodate medium density residential use by the conversion of an existing commercial building.
D.
Bulk regulations.
(1)
Lot coverage: 35%.
(2)
Yards (approximate, following the outlines of existing building):
(a)
Minimum front yard, on Huyler Street: 20 feet.
(b)
Minimum side yard, away from James E. Hanson Way: 10 feet, except five feet adjoining patios or decks.
(c)
Minimum yard on James E. Hanson Way: 30 feet.
(d)
Minimum rear yard, away from Huyler Street: 20 feet, except 10 feet adjoining entrance steps.
E.
Off-street parking. A minimum of one off-street parking space shall be provided per bedroom.
§ 185-10 Light Industrial and Distribution Zone.
In the Light Industrial Zone, the following provisions and regulations shall apply:
A.
Purposes. This zone is designed to accommodate a wide range of industrial, distribution, commercial and business uses that generate a minimum of detrimental environmental effects.
B.
Permitted uses. Permitted uses shall be as follows:
(1)
Any production, processing, manufacture, fabrication, cleaning, servicing, testing, repair or storage of goods, materials or products, and business offices accessory thereto, but not including the storage of flammable or explosive materials as a principal use or the outside storage of flammables above ground.
(2)
Establishments for scientific research and development, and business offices accessory thereto, where the manufacturing, fabrication, production, repair, storage, sale and resale of materials, goods and products is incidental and accessory to the principal use of scientific research and development.
(3)
Business or commercial establishments which provide supplies and/or services primarily to industrial and manufacturing customers and business offices accessory thereto.
(4)
Automobile service stations.
(5)
Business offices.
(6)
Restaurants.
(7)
Warehouses, wholesale establishments and other storage facilities, but not including motor vehicle warehouse and/or motor vehicle wholesale businesses.
[Amended 9-14-1993 by Ord. No. 343]
(8)
Light public utility uses.
(9)
In the permitted uses included in the foregoing Subsections B(1), (2), (3), (5) and (7), one residential unit for single person occupancy is permitted as an accessory use for each existing lot of one acre or more, within the building or attached to it. The occupancy shall be related to the business being conducted on the site, such as for security personnel. The unit shall conform to all code requirements of the State of New Jersey for residential occupancy and shall not occupy over 10% of the area of the building, thus conforming to the definition of an accessory use. Site plan review shall be recruited to assure adequate protection of the residential unit from noise, vibration, glare, smoke, odor and other effects of commercial and industrial use and to assure that such residential use does not interfere with the conducting of commercial and industrial use on the property. As such residential units are developed, at least one in five shall be maintained and restricted for low- and moderate-income occupancy under the regulations of the New Jersey Council on Affordable Housing, unless the Borough of Teterboro provides for an equivalent amount of such added units such as in a redevelopment area. The Borough may provide financial aid for low and moderate units.
[Added 8-25-1999 by Ord. No. 409]
C.
Use limitations.
(1)
All operations, activities and storage (except landing areas for helistops and off-street parking and loading) shall be conducted within completely enclosed buildings.
(2)
No retail sales shall be permitted.
[Amended 5-12-1992 by Ord. No. 326]
(3)
No slaughtering of animals shall be permitted except such as is necessary as incidental to the operation of the animal shelter by the County of Bergen.
(4)
No outside storage of flammables above ground.
(5)
Notwithstanding any other provision contained within Chapter 185, truck depots are expressly prohibited in this zone.
[Added 12-23-2019 by Ord. No. 605; amended 1-29-2020 by Ord. No. 605A]
(6)
Uses in this district are permitted to conduct business operations between the hours of 6:00 a.m. to midnight. Between midnight and 6:00 a.m. no business activity of any type is permitted either on-site or off-site. The above provision shall not apply to warehouses, wholesale establishments, production, processing or manufacturing operations conducted entirely within an enclosed building.
[Added 12-23-2019 by Ord. No. 605; amended 1-29-2020 by Ord. No. 605A]
F.
Buffer requirements. There shall be a twenty-five-foot-wide strip of landscaped open space, with heavy vegetative screening, where any development borders a residential zone.
§ 185-11 Airport Facilities Zone.
This zone is designed to accommodate airport and aviation uses and those uses which are customarily associated with such facilities, built both under the jurisdiction of the Port of New York Authority and under the jurisdiction of the Hackensack Meadowlands Development Commission.