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West Caldwell City Zoning Code

§ 20-19.5

Decks and Patios.

[Ord. No. 890 § 20-19.5; Ord. No. 1206 § 7; Ord. No. 1419 § 25; Ord. No. 1488 § 6; Ord. No. 1538 § 4; Ord. No. 1797-2017 § 7]
Decks and patios, as defined under § 18A-5, shall be permitted only in residence districts and only in such yards as are herein specified. Decks and patios shall be subject to the following provisions:
a. 
Decks attached to or abutting a principal building shall be permitted in rear yards and/or in the rear half of side yards only. For the purposes of this subsection, in cases where all or any portion of a deck is located above any portion of the principal building, the aforesaid yard restrictions shall be applied as if such building portion did not exist beneath such deck. Patios attached to or abutting a principal building shall be permitted in rear yards only. Such decks and patios shall conform with all setback requirements applicable to the principal building, pursuant to § 18A-5 of the Land Use Procedures Ordinance, except as provided in Subsection b of this subsection. Nothing in this subsection shall be construed to apply to or limit the construction of normal and customary residential porches, verandas, porticos or similar roofed structures.
b. 
In residence districts, where single family residential properties have conforming lot depths, decks or patios attached to or abutting a principal building may extend into required rear yards, provided such yards otherwise conform with the provisions of Subsection 20-5.4 and further provided that when any deck or patio extends into a rear yard;
1. 
The distance from such deck or patio to the rear property line shall not, at any point, be less than 40 feet, and
2. 
The floor area of specifically and only that portion of such deck or patio which extends into the required rear yard shall not exceed 300 square feet.
c. 
In residence districts, where single family residential properties have nonconforming lot depths, decks or patios attached to or abutting a principal building may extend into required rear yards in accordance with the provisions of Subsection 20-5.4c3. In no case shall any deck, patio, or appurtenance, attached to or abutting a principal structure, be erected or installed any closer than 30 feet from the rear property line.
d. 
Decks which are detached from and do not abut the principal building shall be prohibited in any yard, except when associated with a permitted swimming pool in a rear yard, pursuant to the provisions of Subsection 20-19.4. Patios which are detached from and do not abut a principal building shall be permitted in the rear yard only and shall be subject to all coverage, setback and location regulations applicable to accessory structures, pursuant to the provisions of Subsection 20-19.1.