[Amended 12-2-1991 by Ord. No. 91-17; 11-8-1995 by Ord. No. 95-13; 9-6-2005 by Ord. No. 05-10; 5-16-2022 by Ord. No. 22-05]
Within the R-8.15, R-15, R-15 II, R-22.5, and R-30 Districts, no building structure or lot shall be used in whole or in part other than for single-family dwellings designed and used for occupancy exclusively by one family, and for no other principal use or purpose, and any use not set forth below is expressly prohibited.
A.
Single-family dwellings shall be designed and used for occupancy exclusively by one family and may be located upon property with one accessory structure.
[Amended 10-16-2006 by Ord. No. 06-08]
B.
Accessory garages. Every dwelling erected shall have at least a one-car garage attached to, detached from or constructed beneath said dwelling. Detached garages shall constitute an accessory structure and accessory garages shall be further subject to the following:
[Amended 10-16-2006 by Ord. No. 06-08]
(1)
An accessory garage may be erected and used only upon a lot containing a dwelling.
(2)
No detached accessory garage may be erected unless all of the following conditions are observed:
(a)
That it shall not be closer in distance to any front, side or rear property line than the minimum requirements for the zone district in which it is located.
(b)
That it shall not exceed 15 feet in height.
(c)
That it shall be a minimum of 20 feet from all other structures.
(d)
That it shall not exceed 800 square feet in area.
(3)
Any accessory garage shall be limited to the following stated uses: storage of private motor vehicles owned or operated for their personal use by the occupants of the dwelling, storage of household effects, tools and such other items of equipment as are directly related to the care, use and upkeep of the dwelling, the buildings, the lot or the permitted motor vehicles.
(4)
Nothing contained herein shall be construed as permitting any detached accessory garage to be used for human habitation or any business or commercial activity.
C.
Hothouses or greenhouses. A hothouse or greenhouse may be constructed as an accessory structure to the dwelling, provided that it may be used only for raising or growing of horticultural or agricultural products to be used on the premises and not sold therefrom and must meet all front, side and rear yard requirements of the zone district in which it is erected and shall not exceed 12 feet in height or exceed 300 square feet in area.
D.
Additional residential accessory uses. The following additional residential accessory uses shall be permitted:
(1)
Concrete and/or paved patios (maximum of 12 inches high) and wood decks (maximum of 12 inches high), whether attached to a principal structure or freestanding; swimming pools and/or whirlpools (hot tubs) above or in the ground, when designed for use exclusively for private purposes, shall be a minimum of 20 feet from a side or rear lot line. Cabanas over 100 square feet in area should be limited to a maximum area of 300 square feet and 15 feet high. They shall be considered a structure and must comply with the building setbacks in their respective zones.
[Amended 1-2-2001 by Ord. No. 00-7; 6-19-2001 by Ord. No. 01-4; 12-2-2002 by Ord. No. 02-15; 10-17-2005 by Ord. No. 05-15; 10-16-2006 by Ord. No. 06-08]
(a)
The pool and all mechanical equipment and accessory equipment shall be located to the rear or side of the dwelling and shall also comply with the minimum setback of 20 feet from rear and side lot lines.
(b)
The aforementioned items shall meet the requirements of this chapter for a front yard setback for both streets, in the case of a corner lot. In no event shall they extend beyond the front building line of the house located on such corner lot.
(c)
The provisions in this subsection for minimum setbacks for swimming pools and accessory equipment shall also apply to cabanas, up to a maximum 100 square feet in area and a maximum ten-foot height. Larger cabanas shall be subject to the setbacks required for a principal structure in the zone district.
(d)
Patios and decks having a maximum vertical face greater than 12 inches above the level of the ground which fall into the definition of "building and/or structure" shall meet the setback required for a principal building in the zone district.
(e)
Accessory pool cabana. Pool cabana structures shall be subject to the following:
[Added 5-3-2021 by Ord. No. 21-08]
[1]
An accessory pool cabana is permitted to be a one-story, ground-level, detached accessory structure or attached to another accessory structure, enclosed and containing a roof, serving a lawfully existing an approved in-ground swimming pool on a residential property.
[2]
Only one accessory pool cabana is permitted per residential property.
[3]
Such a structure shall be used only for recreational or storage purposes associated with the principal residential use of the property.
[4]
The pool cabana must be seasonal (closed for at least 90 full service days) and is not permitted to have heating equipment, air conditioning for the structure or contain a full-service kitchen as defined herein. The pool cabana structure shall not contain a bedroom and/or similar living quarter. A toilet, sink and exterior (only) shower are permitted.
[5]
A pool cabana area shall comply with the following maximum dimensions:
[6]
A deed restriction containing the following language is to be filed with the Bergen County Clerk's Office for the property containing the accessory pool cabana stating minimally the following: "The grantor and grantee specifically represent and warrant that this deed contains a deed restriction whereby the cabana use will not contain heating equipment, bedrooms and/or living quarters, full-service kitchen or used for sleeping. This deed restriction is intended to prohibit conversion to a habitable space."
[7]
Pool cabanas shall conform to the accessory structure setback and coverage requirements as set forth in the zone.
(2)
Tool sheds and garden sheds.
[Amended 1-2-2001 by Ord. No. 00-7]
(a)
Tool sheds and garden sheds (sheds) when designed for use exclusively for private purposes, provided that they shall be located in the rear yard, as defined in this chapter, and to the rear of the principal building, not greater than 100 square feet in area nor 10 feet in height, shall be a minimum distance of 10 feet from any lot line.
[Amended 12-2-2002 by Ord. No. 02-15]
(b)
All sheds not otherwise specified herein, and all sheds greater than 10 feet in height, or larger than 100 square feet in area, shall be limited to the maximum size as set forth below and shall be considered a structure and must be located in the rear yard within allowable zoned setbacks between the rear setback line and rear face of the dwelling.
[Amended 10-16-2006 by Ord. No. 06-08; 6-6-2011 by Ord. No. 11-04]
[1]
In the Residential Zone R-15, the maximum shed size permitted shall be 150 square feet, with a maximum height of 12 feet.
[2]
In the Residential Zone R-22.5, the maximum shed size permitted shall be 200 square feet, with a maximum height of 12 feet.
[3]
In the Residential Zone R-30, the maximum shed size permitted shall be 200 square feet, with a maximum height of 12 feet.
[4]
Regardless of size, only one shed is permitted as an accessory structure on any residential property.
[5]
Nothing in this subsection shall be deemed as removing a shed from the definition of "structure" as used in this chapter unless specifically excluded from such definition under the Uniform Construction Code. In addition, all measurements for height and area shall be determined by measuring the outside of the roof or walls of the structure.
(c)
Nothing in this subsection shall be deemed as removing a shed from the definition of "structure" as used in this chapter unless specifically excluded from such definition under the Uniform Construction Code. In addition, all measurements for height and area shall be determined by measuring the outside of the roof or walls of the structure.
E.
Farms. Lots in a residential zone may be used as a farm. Such lot or adjoining lots shall have a minimum area of five acres and does not include the processing or manufacturing of any products for resale on the lot or from the lot.
F.
Farm accessory buildings. The following accessory uses or structures may be permitted on lots used as a farm (provided that no sales, retail or wholesale, are made from such farm accessory buildings):
(1)
Accessory garages, but subject to the same limitations and specifications as hereinabove set forth.
(2)
Hothouses or greenhouses for raising or growing of agricultural or horticultural products and barns and stables to house animals and store implements, equipment and supplies, which structures shall meet all front, side and rear yard requirements of the zone district in which it is erected.
(3)
A roadside stand, provided that it is located at least 100 feet from the center line of the road, has adequate provision for off-street parking and turning around of automobiles as determined by the appropriate governmental authority and sales therefrom are limited to farm, garden or orchard products raised on the lot or adjoining lots constituting the farm.
G.
Reservoir and water sheds. Lands owned by a public or privately owned utility and maintained in a natural, vegetated state in connection with a public water supply on which no other use or structure is located which is not directly related to the maintaining of such public water.
H.
Municipal governmental uses. Parks, playgrounds, public schools and other municipal governmental services or uses.
I.
Satellite receiving antenna. See Chapter 275, Satellite Earth Station Antennas.