Verona City Zoning Code
ARTICLE VII
Regulations Governing Certain Accessory Uses
§ 150-7.1 Accessory use and structure regulations in residential districts.
A.
Accessory structures shall maintain a minimum yard requirement as further set forth within.
B.
No accessory structure shall be located closer to the street right-of-way line than the required front yard setback of the principal structure with the following exceptions:
(1)
A single flagpole is permitted within a front yard so long as it is no higher than the permitted principal building.
(2)
A fountain or a landscaped water feature is permitted within a front yard so long as it is less than 24 inches in height.
(3)
Accessory structures that are man-made, at grade, and used for the purpose of ingress and egress to a principal or accessory structure such as driveways and walkways.
C.
No accessory building or structure shall be erected or altered unless such accessory building or structure is set back from the street lot line a distance equal to at least 150% of the minimum required front yard setback for the zoning district.
D.
No portion of an accessory structure shall be used for a dwelling unit.
E.
When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building, including lot coverage.
F.
No accessory building or structure shall be constructed or placed on any lot unless there exists a principal use on said lot.
G.
The height of an accessory building shall not exceed 1 1/2 stories or a height of 15 feet.
H.
Fenced-in dog runs shall be located in the rear yard only and shall be at least 10 feet from any side or rear lot line.
I.
No accessory building or structure shall be utilized for business or industrial uses, except for the parking of commercial vehicles by one who occupies the principal structure as a dwelling unit.
§ 150-7.2 Accessory use and structure regulations in nonresidential districts.
A.
No accessory structure or use shall be located within any required setback or closer than five feet to any lot line. Said requirements shall not apply to retaining and decorative walls and fences, provided same do not exceed seven feet in height.
B.
Despite the foregoing, no accessory use shall be located within 10 feet of a residentially zoned property.
C.
When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building, including lot coverage.
D.
No portion of an accessory structure shall be used for a dwelling unit.
E.
The height of the accessory structure shall not exceed two stories or 20 feet.
§ 150-7.3 Fences.
A.
No fence or other man-made enclosure shall exceed six feet in height at any point, as measured from existing ground levels. In the case of commercial property that abuts a residential property, no fence or other man-made enclosure shall exceed seven feet in height except along the property line common to the residence, where the six-foot limit shall apply.
B.
Fencing shall not exceed six feet in any yard up to the front facade of the principal structure where said fencing shall not exceed three feet.
C.
No fence within 25 feet of a corner of two intersecting streets shall exceed 30 inches in height, as measured from existing ground levels.
D.
No fencing shall be installed within 10 feet of a front lot line.
E.
All fences shall be installed or erected as close to the ground as possible. The total height of the fence may exceed six feet where otherwise permissible to conform to existing ground heights; provided, however, that 80% of the fence does not exceed the maximum height of six feet. Decorative-type structural posts may extend no more than six inches above the top of the fence.
F.
Fences must be constructed with the face or finished side away from the property and the structural side toward the interior of the property.
G.
No fences or other enclosures shall be installed within six inches to the property line.
H.
Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be dammed so as to create ponding.
I.
Fencing from the front façade of the building to a minimum of 10 feet from the front lot line shall be limited to three feet in height.
J.
Fences or other enclosures shall be maintained to ensure the structural integrity of the fence, to prevent all or portions of the fence from encroaching over the property line and shall be maintained so as to prohibit an unsightly appearance to adjoining property owners. "Unsightly appearance" shall include the following:
(1)
Painted fences or other enclosures whereon paint has chipped or peeled from more than 15% of the surface area of the fence.
(2)
Fence posts which have become loose or which are leaning more than 5° from the fence line.
(3)
In the case of picket fences, slatted or other solid-wall fences, where more than 10% of the picket fences have fallen, been removed or rotted in any given ten-linear-foot section of such fence.
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K.
The following fences and fence materials are specifically prohibited: barbed wire, chicken wire, pointed iron slats or pickets, canvas, cloth, fiberglass, poultry netting, electrically charged fences, temporary fences such as snow fences, except where necessary for active construction, and collapsible fences, except during active construction.
L.
No fence shall be erected that interferes with the public right-of-way or interferes with the visibility of vehicular and pedestrian traffic proceeding along any public right-of-way.
M.
In the case of commercial property that abuts residential property, if chain-link fence construction is used, the fence shall also include privacy inserts.
N.
In business zoning districts, chain-link fences surrounding nonresidential property may be erected to a height of seven feet on all property lines.
§ 150-7.4 Outdoor displays.
No outdoor merchandising displays or storage of any nature shall be permitted except the sale of automotive fuel, service station accessories, nursery or agricultural products.
§ 150-7.5 Permanent and portable swimming pools.
A.
Permanent and portable swimming pools accessory to a residential use shall be erected on the same zone lot as the principal structure. Said pool may be erected in the rear yard of the zone lot. The wall of the swimming pool shall be located no closer than 10 feet to a side or rear yard line nor closer to a street than the principal building to which it is accessory, nor within 10 feet of the principal building. All such pools shall be suitably fenced in accordance with the Township of Verona requirements.
B.
All filtration equipment and pumps shall be located not less than five feet from any property line.
C.
These regulations shall not apply to portable swimming pools which are less than two feet in height and pool regulations set forth and adopted by the Uniform Construction Code.
§ 150-7.6 Private garages.
A.
Private garages shall be deemed to be accessory uses to a permitted principal use if it is located on the same lot or parcel as the principal use.
B.
Private garages shall be subject to regulations established herein.
C.
Private garages shall only be utilized for the storage and security of motor driven vehicles. Private garages and carports shall not be utilized for the conduct of any business, service, or residency.
D.
Private garages shall be permitted as accessory uses in all residential zones either as a detached structure or as a part of the principal structure for the storage of automobiles and other permitted items owned by the occupants of the principal structure.
§ 150-7.7 Tennis and basketball courts.
A.
Tennis and full-court basketball courts shall be permitted in the rear yard as an accessory use. No portion of the court or fence shall be located within 10 feet to any property line.
B.
A fence with a maximum height of 10 feet shall be permitted incidental to the tennis or basketball court.
C.
Despite anything contained in this section to the contrary, development of tennis or basketball courts on any property shall be subject to site plan approval by the approving authority.
D.
The temporary recreational use of a driveway for basketball uses does not create a basketball court as regulated above.
E.
Tennis and basketball courts must be unlit.
§ 150-7.8 Recreational vehicles in residential districts.
A.
Any owner of a recreational vehicle, as defined by this chapter, may park or store recreational(s) vehicles upon premises on which the owner of such recreational vehicle resides in a residential district as follows:
(1)
Within an enclosed building meeting all Building Code and Zoning Ordinance requirements.
(2)
In the rear yard and no closer to any side or rear lot line or other structure than is required for an accessory building within such zoning district. However, in no case shall such recreational vehicle be located closer to a side or rear lot line than five feet.
(3)
No recreational vehicle parked or stored in a residential district in accordance with this section shall be used for any type of commercial or business use, nor shall it be registered with any motor vehicle department as a commercial vehicle.
(4)
All such recreational vehicles must be kept in good repair and carry a current year's license and/or registration. No major overhaul or body work shall be permitted on any recreational vehicle when parked on the residential premises.
(5)
No recreational vehicle shall be occupied or used for human habitation while parked or stored on any lot.
(6)
No recreational vehicle shall have fixed connections to electricity, water, gas or sanitary sewer facilities.
B.
Notwithstanding the above provisions, a recreational vehicle may be parked on a driveway in a residential district for the purpose of loading and unloading for a period not to exceed 48 hours in any one week.
C.
If a trailer is utilized for the temporary storage of a recreational vehicle(s), it shall be treated as, and must follow the regulations concerning, sheds in a residential zone. The area of said trailer shall be measured, in a horizontal plane, as a rectangle bounding the outermost extremities of the trailer as illustrated below.
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§ 150-7.9 Signs.
A.
All signs hereafter erected, substantially rebuilt, enlarged or changed, except official, traffic and street signs, shall conform to the provisions of this chapter. Change of copy for outdoor advertising signs and theater marquees shall not be considered a substantial change.
B.
No sign, except those specifically excepted, shall be permitted to be installed, structurally altered or relocated unless a written application has been made to the Construction Code Official and a permit therefor duly issued by him after payment of the established fee. No permit shall be required for the changing of message on any existing sign that is expressly designed for the periodic change of message, provided that such change does not entail alteration of sign structure.
C.
A totally destroyed or unrepairable nonconforming sign, as determined by the Construction Code Official, may be replaced only by a conforming sign.
D.
Illuminated signs shall be properly shielded and located so as to prevent glare or blinding effects upon vehicular traffic and so as to be inoffensive to residents of the area.
E.
No sign shall be placed in such a position that it will cause confusion or danger to street traffic by obscuring the view or by simulating official, directional or warning signs maintained by any governmental body, railroad or public utility concerned with the protection of public health or safety. This shall include any sign visible from the public right-of-way which uses an arrow device or simulates a stop sign or stop light.
F.
No sign shall be erected within or over any public right-of-way, unless specifically authorized by this chapter or any other ordinance of the Township.
G.
Signs shall relate solely to the business or profession conducted on the premises and shall advertise only the name of the owner or lessee, the name of the establishment, the type of establishment, goods or services or the trade name of the establishment and the goods manufactured, sold or services rendered, except for public service, directory, official or directional signs.
H.
All signs attached to a building shall be thoroughly and rigidly secured in a manner approved by the Construction Code Official and shall be repaired and maintained as necessary to keep them secure, safe and free from danger.
I.
All electrical wiring of signs shall conform to the requirements of the municipality and the National Electrical Code.
J.
No sign shall obstruct access to fire escapes or required windows, doors, exits or standpipes or create a hazard to pedestrians as determined by the Construction Code Official.
K.
All new and existing signs and supports shall be maintained in good condition and shall be repaired and repainted as required.
L.
The proper repair and maintenance of each sign shall be the responsibility of the permittee and then the owner of the property on which the sign is located.
M.
Any sign which is not painted or maintained in good condition or repaired shall be brought to the attention of the permittee and/or owner of the property where such sign is located, in writing. If said sign is not properly repaired, repainted or restored within 90 days after the receipt of such notice, the sign shall be considered abandoned and may be removed by the Township in the manner set forth in Subsection N below.
N.
Any sign, now or hereafter erected or maintained, which no longer advertises a bona fide business conducted or product sold or notice of a current or future event shall be taken down and removed by the permittee or, if there is no permittee, by the owner of the premises within 30 days after such business ceases, such product ceases to be sold or such event occurs. Upon failure to comply, the Construction Code Official is hereby authorized to cause removal of such sign, and any expense incident thereto shall be paid by the permittee or owner of the premises upon which the sign is located. The Construction Code Official shall thereafter refuse to issue a permit for the erection of a sign to any permittee or property owner who refuses to pay the costs of such removal. The cost of removal shall be added to and become part of the real estate tax bill by the Collector of Taxes.
O.
In the event that any sign is determined by the Construction Code Official to be hazardous to the public safety, he shall immediately notify the permittee and the owner of the property by certified mail. If the permittee or owner fails to correct the hazardous condition within 24 hours after receipt of the notice, the Construction Code Official shall cause the condition to be corrected, either by removal or repair of the sign, and any expense incident thereto shall be paid by the permittee or the owner of the property. The Construction Code Official shall thereto refuse to issue a permit for the erection of a sign on that property until the expense has been reimbursed. The expense shall be added to and become a part of the real estate tax bill by the Collector of Taxes.
P.
Window signs, whether temporary, permanent or a combination of the two shall not exceed 25% of the window area. Temporary window signs shall not be posted for a period to exceed 30 days. Window signs are prohibited in residential zones.
Q.
Theaters may display signs with removable lettering on a marquee or canopy which may be backlighted and which shall advertise only current or coming attractions.
R.
A nonconforming business sign lawfully existing on the effective date of this chapter or lawfully authorized prior thereto may remain; provided, that the sign is not enlarged or changed as to location, nature, purpose or type and further provided that the nature of the business remains the same.
S.
Business signs.
(1)
Unless otherwise specified, business signs shall not be allowed in residential zones.
(2)
Such signs, if displayed on a wall of a building facing a street on which the building lot has frontage, shall have a total area of all such signs not to exceed one square foot for each linear foot that such building extends along the street on which it has frontage. If the building has frontage on more than one street, a separate sign or signs may be provided for each street frontage, but the total area of all signs on each street shall be no greater in the aggregate than one square foot for each foot that the building extends along the street for which such signs are provided. In no event shall the total sign area on each street frontage exceed 100 square feet or be more than four feet in height.
(3)
Such sign or signs, if displayed on a wall of a building not facing a street on which the building lot has frontage, shall have a total area of all such signs for any wall not to exceed in the aggregate one square foot for each foot of horizontal dimension of such wall; provided, that the total area of any such sign or signs shall not exceed 80 square feet or be more than four feet in height.
(4)
No business sign shall be illuminated between the hours of 11:00 p.m. and 6:00 a.m. the following morning, unless the business or use so advertised is open to the public later than 11:00 p.m. or earlier than 6:00 a.m.
T.
No sign shall be erected or maintained on private property without the consent of the owner thereof.
U.
Signs for religious, charitable, educational and civic organizations, subject to the following restrictions:
(1)
No more than two signs per location.
(2)
No sign shall exceed 20 square feet in area and, if a ground sign, stand no more than five feet above ground level or be closer than 10 feet to any property line.
(4)
Private off-street parking areas of such organizations may be identified by not more than one sign which is to be no larger than six square feet in area and, if a ground sign, shall not stand more than five feet above ground level or be closer than five feet to any property line.
V.
Signs not needing a construction permit. The following signs may be erected, constructed, placed and maintained without a permit from the Construction Code Official:
(1)
Directional signs which shall be no more than four square feet in area, stand no more than three feet above ground level and, unless attached to the principal building, be no closer than five feet to any property line.
(2)
Directory signs which shall be permitted at the entrance of a multiple-family dwelling, which shall be attached to the building proper and which shall be no more than four square feet in area.
(3)
Nameplate signs. One nameplate sign, not more than one square foot in area shall be permitted for each residential property, provided that it is not internally illuminated or spotlighted. Such sign shall not be erected closer than five feet to any property line.
(4)
Flags or emblems of religious, educational or government organizations, which shall be flown from supports on the building or grounds being occupied by the organization.
(5)
Interior signs.
(6)
Signs which are an integral part of vending machines and gasoline pumps.
(7)
Official signs.
(8)
Customary signs of recognized nonprofit service organizations.
(9)
Signs advertising the sale or rental of the premises or property upon which they are located. Unless otherwise set forth below, there shall be no more than one sign per location; the signs shall not be illuminated; they shall be removed within 14 days after entering into a contract for sale or lease and may be replaced by a "sold" sign which may remain for an additional period of 14 days; and they shall be subject to the following additional restrictions:
(a)
In residential zones, the sign shall not exceed six square feet in area and shall not be more than four feet above ground level.
(b)
In all other zones, the sign shall not exceed 16 square feet in area, shall not be more than five feet above ground level and shall not be displayed for a period exceeding one year.
(c)
Any subdivision of six or more lots or any apartment building or commercial building under construction may display not more than two signs which shall not be larger than 20 square feet in area, be more than five feet above ground level or closer than 10 feet to any property line unless it is attached to a building. The signs must be removed when 75% of the lots or units have been sold.
(d)
Open house signs. Signs advertising an "OPEN HOUSE" for the sale or rental of property located in the Township may be positioned on street corners subject to the following restrictions:
[Added 6-20-2016 by Ord. No. 13-16]
[1]
"Open house" signs are permitted on the corners of all streets except Mount Prospect Avenue, Bloomfield Avenue and Pompton Avenue (Route 23).
[2]
"Open house" signs may only be erected, at the earliest, one hour before the official the starting time of the open house and must be removed no later than one hour after the open house concludes.
[3]
"Open house" signs shall be placed in the public right-of-way, on the grass between the curb and the sidewalk and must not be placed on, or otherwise block or interfere with in anyway, the sidewalk passageway.
[4]
"Open house" signs shall not be placed on private property without prior written permission from the property owner.
[5]
"Open house" signs shall not exceed three square feet in size (typically 24 inches by 18 inches) and three feet in height from the ground.
[6]
No balloons or other attention-grabbing devices shall be attached to any "open house" sign.
[7]
No "open house" sign shall be placed in a manner or position that could possibly cause confusion or danger to the street traffic by obstructing the view or by simulating official, directional or warning signs maintained by any governmental body or public utility concerned with protection or public health or safety.
(10)
A temporary, non-illuminated business sign at a construction, repair or alteration site, subject to the permission of the owner of the property, which shall not exceed six square feet in area, not to be more than four feet above ground level and which must be removed within seven days after completion of the job.
(11)
Temporary signs which shall not be displayed for a period exceeding 30 days.
(12)
Signs indicating the private nature of a road, driveway or other premises, not to exceed two square feet in area.
(13)
Lights and strings of illuminated devices used to celebrate a national or religious holiday for a period not to exceed 60 days before the holiday and 15 days following the holiday.
(14)
Window signs, not exceeding 25% of the window area.
(15)
Political signs.
W.
Signs requiring special permits. Signs in this section are allowed upon submission of a permit to the Construction Code Official. These signs shall not be allowed in residential zones, except for "garage sale" signs.
(1)
Streamers, strings of illuminated devices, advertising flags, banners and similar attention-getting devices for special events.
(2)
Temporary signs for special events which are sponsored by charitable, educational, religious and civic organizations. These signs shall not exceed 32 square feet in area and, if a ground sign, shall not be more than six feet above ground level. The governing body may allow these signs to be located in residential zones.
(3)
Sandwich board sign.
(a)
Only one sandwich board sign per business shall be permitted.
(b)
Sandwich board signs shall be no larger than 32 inches in width and 36 inches in height and no materials such as papers, balloons, wind socks, etc., may be added to the sign to increase its height and/or width. The height of such signs may not be artificially increased above the allowed maximum by placing material underneath the base of such sign.
(c)
Sandwich board signs must be secured to withstand strong winds and to prevent a roadway hazard.
(d)
Sandwich board signs may be used only during the hours when the business is open to the public.
(e)
No sandwich board sign shall be placed so as to obstruct vehicular traffic sight distance triangle requirements.
(f)
All sandwich board signs shall be constructed of weather-resistant material.
(g)
No sandwich board sign shall contain foil, mirrors, bare metal or other reflective materials which could create hazardous conditions to motorists, bicyclists, or pedestrians.
(h)
No sandwich board sign may contain lights of any kind.
(i)
Signs located within the public right-of-way must provide a disclaimer indemnifying the Township of any liability for said use.
(j)
Sandwich board signs shall not be placed more than six feet from the front primary entrance of the business.
(k)
Sandwich board signs shall not be placed so as to cause the width of the sidewalk to be reduced below five unobstructed feet in width.
(l)
Sandwich board signs shall not be located or maintained in a manner that prevents free ingress or egress from any door, window or fire escape.
(m)
Sandwich board signs shall be removed from public sidewalks if there is any snow accumulation. (The sign may not be displayed until the snow is removed.)
(n)
The owner of a sandwich board sign shall be required to provide adequate public liability insurance naming the Township of Verona and/or the County of Essex as additional insured and providing for coverage of not less than $1,000,000 for bodily injury and for not less than $500,000 for property damage and general liability insurance of $1,000,000.
(4)
Digital display systems (DDS) and electronic message centers (EMC). Digital display systems and electronic messages centers are permitted in the ETC and C-2 zoning districts following conditional uses regulations:
(a)
No digital sign shall implement video, animation, strobe, scrolling, or other attention-getting effects.
(b)
Each message shall have a minimum duration of 60 seconds prior to changing to the next message.
(c)
Between messages, there shall be no fading, scrolling or other attention-getting effects.
(d)
Lettering shall consist of a single color per message.
(e)
Signage shall have automatic dimming capability.
(f)
Malfunctioning signs must default to a blank sign.
X.
Prohibited signs. Signs in this section are prohibited unless otherwise permitted by this chapter.
(1)
Streamers, spinners, strings of illuminated devices, advertising flags, banners and similar attention-getting devices.
(2)
Signs posted on fences, posts, utility poles or trees, except for garage sale signs.
(3)
Signs posted on Township property without the consent of the governing body.
(4)
Business signs standing, installed or painted on sidewalks or curbs.
(5)
Portable signs not otherwise permitted.
(6)
Signs on bridges, abutments, retaining walls, standpipes, water towers, temporarily located on vehicles or similar structures.
(7)
Revolving signs.
(8)
Animated signs.
(9)
Neon signs.
(10)
Flashing or intermittent illumination.
(11)
Temporary signs on parked vehicles.
(12)
Ground signs, freestanding signs, pylon signs, outdoor advertising signs and billboards.
(13)
Oscillating signs.
(14)
Lettering on main body of awnings.
(15)
Projecting signs.
(16)
Roof signs.
(17)
Signs extending more than 15 inches from a wall.
(18)
Signs in residential zones.
(19)
Portable signage including "wrapped" cars, vans, or trucks or mobile billboard trailers and trucks.
(20)
Inflatable advertising.
(21)
Flex blade signs.
(22)
Scrolling text signs.
Y.
Signage on awnings. Regardless of the shape of the awning, no numbers, letters, or symbols, shall appear on the awning above 10 inches from the bottom of said awning.
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§ 150-7.10 Vending machines.
In the all commercial zones all vending machines must be located within the principal building and primarily for the use of the occupants.
§ 150-7.11 Satellite or dish antennas.
A.
A satellite or dish antenna, when located in the rear or side yard of a lot, shall be a conditional use as an accessory structure to a principal structure in all zoning districts, subject to the regulations contained in this section. A rooftop installation of a satellite or dish antenna shall be a permitted use as an accessory structure to a principal structure in all zoning districts upon approval of the Board with jurisdiction and subject to the regulations contained in this section. No satellite or dish antenna shall be located or installed in the front yard of any lot.
B.
In the case of a rooftop installation, height shall be measured from the average elevation of the rooftop immediately surrounding the installation.
C.
Location.
(1)
Rear yard. A satellite or dish antenna located in the rear yard of a lot shall be set back at least five feet from the rear and side property lines of the lot and shall be located at least 10 feet from any principal structure, including a principal structure on an adjoining lot.
(2)
Side yard. The board with jurisdiction may approve location of a satellite or dish antenna in the side yard of a lot; provided, that the satellite or dish antenna is located at least five feet from the adjoining property line and at least 10 feet from any principal structure, including a principal structure on an adjoining lot. In addition, the installation shall be set back from the front line of the property a distance at least equal to the setback of the principal structure or a distance equal to the front yard setback requirements of the applicable zoning district, whichever is greater.
(3)
Rooftop. A satellite or dish antenna may be installed on the rooftop of the principal structure; provided, that the total height of the structure, including the satellite or dish antenna, shall not be more than three feet higher than the height limitations of this chapter.
D.
The number of satellite or antennas is limited to two satellite or dish antennas.
§ 150-7.12 Retaining walls.
A.
No retaining wall shall exceed four feet in height in the minimum front yard setback and six feet in height elsewhere.
C.
When a single or any combination of multiple retaining walls are utilized wherein the measurement from the bottom of the lowest retaining wall to the top of the highest retaining wall exceeds 10 feet over a five-foot horizontal measurement, a fence must be placed upon the land behind the highest retaining wall.
D.
All retaining walls must be designed not only to retain the soil behind said wall but also contain structures to ensure adequate groundwater drainage.
§ 150-7.13 Mechanical equipment.
§ 150-7.14 Greenhouses.
A.
Residential greenhouses.
(1)
Residential greenhouses are for the cultivation of delicate or out-of-season plants for personal enjoyment only.
(2)
No sale of plants grown in a residential greenhouse is permitted.
(3)
Residential greenhouses shall follow all rules and regulations that govern sheds in residential zones.
(4)
A residential greenhouse constitutes a shed.
B.
Commercial greenhouses. Garden centers, nurseries, or commercial greenhouses which require outside display or storage of merchandise according to the following requirements:
(1)
Products containing chemical fertilizers, pesticides, or herbicides must be stored in a roofed and contained area where water runoff cannot reach the exterior landscape or storm sewer.
(2)
Floor drainage for garden center/nursery must protect stormwater and groundwater sources by following stormwater best management practices (BMPs), including a stormwater pollution prevention plan.
(3)
No intercom system shall be used in a commercial greenhouse.
(4)
Siting of structures shall not disrupt safe traffic flow through the site.
(5)
Any outdoor storage areas must be buffered from adjacent properties. Said buffering must follow the requirements set forth in Article XI of this chapter.
(6)
All outdoor lighting must be shielded so as the maximum intensity of lighting is zero at the property line.
(7)
Any greenhouse that is heated must be 10 feet from the property line.
(8)
Items displayed outdoors are limited to plants, soils, gravel, soil amenities and fertilizer.
(9)
Sales shall be limited to: woody plants and shrubs; flowers and plants; sod, topsoil, humus, peat, and similar soil materials; mulch; aggregates used in landscaping applications such as washed stone and similar products; brick, stone and masonry used for landscaping applications only; and organic fertilizer related to landscaping applications.
(10)
The following are prohibited: sales or display of garden or farm equipment; outdoor structures such as sheds and similar accessory buildings; outdoor play structures; outdoor furniture; outdoor cooking equipment, including brick, stone or masonry intended for construction of outdoor cooking equipment; aggregates intended for fill or other construction applications; brick, stone or masonry intended for construction applications; pond construction materials and equipment; irrigation equipment; and any other item not clearly intended for landscaping applications.
(11)
Processing of materials on site, such as washing of stone, making/drying of mulch, etc., is prohibited.
(12)
Any stockpiles of soil, aggregate, organic fertilizer, mulch or similar loosely packaged materials shall be stored within a structure, sufficiently covered or contained to prevent dust or blowing of materials. The outdoor storage of hazardous materials is prohibited. The containment structure, and the material contained within it, shall not exceed eight feet in height.
(13)
All access drives leading to parking, loading and outdoor display/storage areas shall be paved along their entire length with a permanent, durable and dustless surface, which shall be graded and drained to dispose of stormwater without creating a negative impact on adjacent property.
(14)
All loading and truck maneuvering shall be accommodated on the site.
(15)
The height of any material and equipment stored in an outdoor storage area shall not exceed the height of any landscape screening, wall or fence, or eight feet, whichever is less.
§ 150-7.15 Dumpsters.
§ 150-7.16 Shopping cart corrals.
A.
Any business, such as a grocery store, which uses self-service shopping carts in order to allow customers to carry goods between the business and their motor vehicles, is required to install shopping cart corrals within its parking lot. Said parking corrals shall be shown on all parking plans.
B.
Shopping cart corrals shall be accessible from every parking bay serving the establishment. Shopping cart corrals may contain canopies and/or signs to indicate their location above the roofs of vehicles but neither may contain any corporate logo, name, or slogan. The owner or tenant shall be responsible for retrieving abandoned shopping carts taken from the premises.
C.
When an establishment is closed, shopping carts are to be stored either within the building, shopping cart corral, or screened with a wall that is integral to the architectural design of the building.
§ 150-7.17 Utility boxes.
§ 150-7.18 Sidewalks, nonresidential.
A.
Sidewalks shall be placed parallel to the street. A variance may be requested if the location of the sidewalks has been located to preserve topographical or natural features, or if required to provide visual interest or unless an alternative pedestrian system provides a safe and convenient.
B.
Sidewalks along streets with nonparallel parking shall be placed parallel to the street and shall be placed so that sidewalks do not lead pedestrians between parked vehicles and the traveled way. This shall not apply to driveways.
C.
Sidewalk width shall be a minimum of four feet. Where sidewalks abut a curb and cars overhang the sidewalk, the sidewalk depth shall be increased to six feet.
D.
Sidewalks of concrete shall be five inches thick except at points of vehicular crossing, where they shall be at least eight inches thick and shall be reinforced with welded wire fabric mesh or an equivalent.
§ 150-7.19 Street furniture (except for sidewalk cafés).
Street furniture will only be allowed on public sidewalks of a width greater than six feet from the curb face to the back of the walk. In all instances, street furniture shall be located in such a manner so as to ensure and maintain a minimum clearance width of six feet along the public sidewalk and changes of direction for travel along the sidewalk of no more than 30°. In no instance shall street furniture be located in such a manner so as to block access for the pedestrians or in a manner that the street furniture would constitute a tripping hazard or other hazard to pedestrians. Street furniture shall be:
A.
Located within the extended limits of the property to which the street furniture belongs, provided all other requirements can be met.
B.
Freestanding, internally weighted or anchored to an adjacent building. Street furniture shall be placed at sidewalk grade level and shall not be placed on planters, walls, curbs or any similar structure.
C.
In order to reduce or eliminate unsightly items, street furniture must be kept in a state of good repair and condition and free from the following conditions: rust, chipped or peeling paint or finishes, delaminating or peeling materials, missing hardware, rotting materials, poor craftsmanship or construction that would cause the item to be structurally unsound and thereby pose a health or safety hazard.
§ 150-7.20 Sheds.
§ 150-7.21 Decks.
If an existing building fails to comply with zoning setback requirements, uncovered decks may be added, provided that all of the following conditions are met:
A.
That the deck does not exceed 20% of the building footprint.
B.
That no portion of the deck shall be elevated more than four feet above grade, excluding handrails and guardrails.
C.
That the deck does not extend into the side yard beyond the line of the existing dwelling unless the deck meets the side yard setback requirements of this chapter.
D.
That the deck shall be no less than five feet from the side lot line and no less than 20 feet from the rear lot line.
§ 150-7.22 Sidewalk cafés.
A.
Submission of café plan.
(1)
No person shall operate a sidewalk café within the Township of Verona without first obtaining a sidewalk café license from the Construction Code Official and satisfying all of the requirements of this chapter.
(2)
A sidewalk café is allowed to be used upon the receipt and approval of a sidewalk café permit issued by the Construction Code Official and shall meet all of the requirements as a retail food establishment in accordance with the following requirements:
(a)
The name and address of the applicant.
(b)
The name and address of the person who has prepared the café plan.
(c)
Identification of the subject property and properties immediately adjacent to such building.
(d)
A scaled drawing of the proposed design and location of the sidewalk café.
(e)
A scaled drawing illustrating the location of the all temporary structures, equipment and apparatus to be used in connection with its operation, including tables, chairs, planter, lighting and electrical outlets (if any).
(f)
A scaled drawing illustrating the location of any existing fire hydrant, plug or standpipe, utility pole, parking meter, street signs, or other permanent fixture between the building and the curb.
B.
Sidewalk café regulations.
(1)
A sidewalk café may be located within the public right-of-way of the abutting restaurant subject to the jurisdiction of the governing body.
(2)
A sidewalk café shall be permitted only in the area immediately between the façade of the building in which the primary restaurant use is permitted and the curbline of the abutting street.
(3)
A business may provide one sidewalk café table per 10 uninterrupted linear feet of store frontage.
(4)
Furniture, including tables and chairs, equipment, decoration or appurtenances used in connection with the operation of the sidewalk café shall not be permanently affixed to the sidewalk area. The sidewalk café and its use and occupation is considered of temporary nature and shall not be used in nonbusiness hours and may only be used from May 1 through October 31.
(5)
The sidewalk café outdoor seating area shall be directly located along the frontage of the façade of the indoor primary restaurant use and may not be located along any other uses on the subject property or any other adjoining property.
(6)
The outdoor seating area shall provide a minimum unobstructed sidewalk and aisle width of five feet for pedestrian access to patrons and non-patrons traversing the sidewalk area, and the sidewalk café shall not prohibit access to any building entrances and/or fire exits.
(7)
The numbers of tables and chairs used in connection with the sidewalk café is strictly limited and may be used in connection with other outdoor restaurant seating permitted within the zone, provided the other outdoor restaurant seating is not located within the public right-of-way area.
(8)
Outdoor storage, cooking preparation, or selling of food is prohibited.
(9)
The consumption of alcohol is prohibited in the sidewalk café outdoor seating area.
(10)
All outdoor areas shall be kept litter- and refuse-free and maintained on a daily basis.
(11)
Outdoor restaurant lighting is limited to one footcandle over the seating area with the source of the light not visible from any adjoining residential uses. Exterior lighting shall be directed onto the sidewalk café and shall not intrude on adjacent residential properties.
(12)
The use of outdoor paging equipment and speakers is prohibited. No speakers, microphones, televisions or other audio or video devices shall be permitted at a sidewalk café.
(13)
All outdoor seating area lights must be extinguished in all nonseasonal use or when the restaurant is closed for business.
(14)
All outdoor furniture used in accordance with this section shall be secured and/or covered at all times except during operation of the outdoor seating area.
(15)
No vending machines, carts, or objects for the sale of goods shall be permitted in a sidewalk café.
(16)
Outdoor heaters are prohibited in a public right-of-way.
(17)
The outdoor seating area shall be ADA-accessible.
(18)
The operator of the sidewalk café shall be required to provide adequate public liability insurance naming the Township of Verona and/or the County of Essex as additional insured and providing for coverage of not less than $1,000,000 for bodily injury and for not less than $500,000 for property damage and general liability insurance of $1,000,000.
§ 150-7.23 Outdoor restaurant seating.
Outdoor restaurant seating shall be permitted as an accessory use within the ETC and TC zoning districts and receive site plan approval as required by Chapter 430, Site Plan Review, of the Verona Code and shall also meet all of the requirements of a retail food establishment as required by Chapter 276, Food Establishments, Retail, of the Verona Code and in accordance with the following requirements:
A.
The applicant for outdoor restaurant seating must prepare a site plan that clearly indicates the maximum size of the seating area, the maximum number of seats and tables, and the layout of the seating area and access aisles.
B.
Outdoor restaurant seating, other than a sidewalk café, is prohibited within any public right-of-way and is prohibited in any front yard, except in the front yards of properties fronting Bloomfield Avenue, and may be located in any other side or rear yard.
C.
Outdoor restaurant seating areas shall not be located in any required parking and/or loading areas and shall not impede pedestrian or vehicle traffic.
D.
The outdoor restaurant seating area must be directly accessible to the interior eating area and located on the first floor level.
E.
No more than 49% of the total on-site seating may be provided outdoors, including the seating supplied as part of a sidewalk café.
F.
No more than 49% of the floor area of the restaurant use shall be utilized for outdoor seating, including the area supplied as part of a sidewalk café.
G.
Outdoor storage, cooking or preparation of food is prohibited in the outdoor seating area.
H.
A six-foot high enclosed fence and evergreen screening shall be provided if the outdoor seating area is adjacent to a residential zone.
I.
All outdoor areas shall be kept litter- and refuse-free and maintained on a daily basis.
J.
Outdoor restaurant lighting is limited to one footcandle over the seating area with the source of the light not visible from any adjoining residential uses.