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West Caldwell City Zoning Code

§ 20-19.1

General Provisions.

[Ord. No. 890 § 20-19.1; Ord. No. 1206 § 4; Ord. No. 1419 § 23; Ord. No. 1797-2017 § 7]
a. 
Accessory buildings, structures and uses shall be limited to those specifically permitted within the applicable zone district, as designated elsewhere herein, and such buildings, structures and uses shall conform with all applicable regulations and standards herein.
b. 
All questions, appeals and interpretations relating to accessory uses and standards conducted or proposed to be conducted on properties involving single-family detached dwellings shall be heard and resolved by the Board of Adjustment. All questions, appeals and interpretations relating to accessory uses and standards conducted or proposed to be conducted on all other properties shall be heard and resolved by the Planning Board.
c. 
No accessory building or structure shall be built and no accessory use shall be permitted on any lot on which there is no principal building or structure or use.
d. 
No accessory building or structure shall exceed 13 feet in height, unless otherwise provided elsewhere herein.
e. 
Detached accessory buildings and structures (1) shall be permitted in the rear yard only, unless otherwise permitted elsewhere herein, (2) shall not occupy more than 30% of the area of the yard in any residence zone district, or as may be further limited pursuant to Subsection h of this subsection and (3) shall be located at least 10 feet from the principal building, except that this requirement shall not apply to decks, patios, walkways or similar structures which are attached to or abut the principal building, notwithstanding the provisions of § 18A-5 of the Land Use Procedures Ordinance. In addition, an accessory building shall be located at least six feet from any other accessory building on the same lot. Notwithstanding the provisions of this subsection, air-conditioning condensers and standby electric generators may be located closer than 10 feet from the principal building, but no closer than the manufacturer's recommendations or any applicable Construction and/or Fire Code requirements.
[Ord. No. 1797-2017 § 7]
f. 
No detached accessory building or structure in any residence zone district shall be located closer to any property line than 50% of the actual or required side yard setback to the principal building, whichever is greater, nor, in any nonresidence zone district, closer than 100% of said setback, unless otherwise provided elsewhere herein.
g. 
Accessory buildings and structures on corner lots may not be erected nearer to the street than the front yard setback required on the adjacent lot, unless otherwise provided elsewhere herein.
h. 
(Reserved)
[Ord. No. 1797-2017 § 7]
i. 
Nothing in this subsection shall be deemed to prohibit or restrict the location of detached accessory structures of a minor and passive nature which are not normally or customarily so restricted, including, but not limited to, lighting fixtures, lawn furniture, mail boxes, planters, sign posts and similar structures, or accessory structures required for public utility purposes or as may be otherwise required by law. Such structures shall, however, be subject to any regulation or restriction herein specifically related thereto.
j. 
No accessory building or structure shall be used for residential dwelling purposes.
k. 
Notwithstanding the provisions of this section, in the M-1 and M-2 Zone Districts, outdoor ground-mounted ancillary mechanical equipment which is determined by the Township agency to have a direct physical connection to the principal building and also is necessary for the processes conducted within the principal building shall be subject to the height and setback requirements of the principal building. Said ancillary mechanical equipment may be closer than 10 feet to the building unless prohibited by any applicable Construction and/or Fire Code requirements, and shall be located in rear yards only. The appropriate Township agency may require fencing and/or screening of said ancillary mechanical equipment.
[Ord. No. 1797-2017 § 7]