No building shall hereafter be erected or used and no existing building shall be moved, structurally altered, added to, enlarged or rebuilt nor shall any land be designed, used or intended to be used for any purpose other than those enumerated among the permitted uses in §§ 186-8 through 186-17 and in conformity with all other applicable provisions of and regulations contained in this chapter. No open space contiguous to any building shall be encroached upon or reduced in any manner except in conformity with the yard, lot area, building location, percentage of lot coverage, off-street parking space and all other regulations contained in this chapter for the zone in which such building or space is located. In the event of such unlawful encroachment or reduction, such building shall be deemed to be in violation of the provisions of this chapter and the certificate of occupancy for such building shall thereupon become null and void.

In addition to all requirements of state law, every principal building shall be built upon a lot with frontage upon a public street and issuance of certificates of occupancy shall be subject to the provisions of § 186-42C of this chapter. The front facade of the principal building shall face such public street.

The off-street parking space specified in Article VI of this chapter shall be provided along with all necessary passageways and driveways. All such space shall be deemed to be required space on the lot on which the same is situated and shall not thereafter be encroached upon or reduced in any manner.

Any accessory building attached to the main building shall comply in all respects with the requirements of this chapter applicable to the main building.

Corner lots shall meet the minimum front yard requirements in the respective zones for their frontage upon intersecting streets.

No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on any lot shall be considered as providing a yard or open space for a building on any other lot.

No lot shall have erected upon it more than one residential building except as hereinafter provided.

Except for basement and swimming pool excavation and any excavation or soil removal necessary for the construction of improvements required by any site plan or major subdivision approved by the Planning Board or Board of Adjustment of the Township, no person, firm or corporation shall excavate, remove or fill more than 100 cubic yards of soil from a lot without obtaining a soil removal permit in the manner provided for in § 186-36B. Except as provided above, no person, firm or corporation shall excavate, remove or fill less than 100 cubic yards of soil from a lot without having permission for such excavation or removal from the Township Engineer, and the Township Engineer shall issue such a permit unless a soil erosion, drainage, soil fertility, lateral support or other problem would result from the removal or excavation. For the purpose of this chapter, the term "basement excavation" contemplates excavation which is incidental to the erection of a structure forthwith on the lot, and the word "soil" shall be liberally construed and shall include, but not limited to, earth, rock, sand, gravel, loam, clay, etc.

The commercial outdoor parking or storage of motor vehicles is prohibited, i.e., the outdoor parking or storage of motor vehicles for profit.

Where a lot has frontage upon a street which appears on the Master Plan or Official Map of the Township of Wyckoff and a right-of-way widening is contemplated, the required front yard depth shall be measured from such proposed right-of-way line as it appears on the Master Plan or Official Map.

Except for garages and private swimming pools in residential zones, accessory buildings shall be located only in the rear half of the lot and shall occupy not more than 40% of the required rear yard area. (The limitations imposed by this subsection shall not apply to an accessory building which is attached to its principal building by a covered passageway or which has one wall or part of one wall in common with it. Such attached building shall be subject to all the yard requirements applicable to the principal building. See § 186-22D.)

The front wall of a detached garage or the front sidewall thereof and/or a private swimming pool shall be located on a line with or to the rear of the sides of the principal building facing either intersecting street, provided that said garage and/or pool is located in accordance with general dimension requirements as per Article IV, § 186-21B.

No accessory building shall be erected on or moved to a lot unless there is an existing principal building thereon.

Construction trailers shall not be parked out of doors except for construction trailers used for office purposes in connection with construction work in the B-1, B-1A, B-2, B-3, B-5, B-5/SDAH-2, L-1 and L-2 Zones where the trailers are parked on the premises and where the work is being done during the period of construction.

Miscellaneous regulations.

No accessory building shall be occupied for residential purposes.

On corner lots and except for garages and private swimming pools in residential zones, accessory buildings shall be located only on the rear half of the property and shall be located only in the fourth of the lot furthest removed from any street.

Whenever a buffer strip is required by this chapter, it shall be maintained and the planting shall be replaced if it dies.

Drive-in restaurants, curb-service restaurants and all other eating places serving food for consumption on the premises but outside an enclosed building are prohibited, and outside service counters, service windows and other means of servicing patrons outside a restaurant, tavern or eating place are prohibited; provided, however, nothing contained in this subsection shall be deemed to prohibit the sale of food or refreshments or refreshment stands at authorized fairs, carnivals and the like.

Excavation and soil removal.

No business or commercial establishment to which the public is invited shall be open between the hours of 1:00 a.m. and 5:00 a.m., Eastern standard time. The above prohibition shall not apply to the limited sales by a commercial establishment of medicine, prescription drugs, first aid products, or infant care products. No other products, goods or services may be sold by the commercial establishment during such hours. In addition, the above prohibition shall not govern establishments with a plenary retail consumption license which operates a restaurant upon the licensed premises, which shall be governed by Chapter 82, § 82-4.

No individual, firm, corporation or business entity shall transport snow to or store snow on property other than the property on which the snow originated. However, an owner of property within Wyckoff may transport snow from such property onto another Wyckoff property under the same ownership. Notwithstanding the above, the Township of Wyckoff and all governmental agencies shall have the right to transport the snow removed from the public rights-of-way.

Where a newly proposed street abuts an adjacent residential developed parcel, there shall be a minimum buffer of 50 feet located between the residential parcel and the nearest curbline or edge of the newly proposed street.

All classes of cannabis establishments, cannabis distributors and/or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, are hereby prohibited in all zoning districts, except for the delivery of cannabis items and related supplies by a cannabis delivery service based and initiated from outside the Township of Wyckoff.

Private garages.

Storage sheds. Upon lots in residential zones containing single- and two-family residences, one detached, fully enclosed storage shed shall be permitted in addition to other permitted accessory buildings. Such storage sheds shall be limited to a maximum floor area of 80 square feet, a maximum height of 10 feet and shall be located in accordance with the following requirements:

Private swimming pools and tennis courts.

No commercial vehicle may be parked outdoors on private property in any residential zone at any time between the hours of 1:00 a.m. and 5:00 a.m.

No unlicensed or partially dismantled motor vehicle may be parked out of doors on private property in a residence district for more than 72 hours.

In the B-1, B-2 and B-3 Zones, the total width of access driveways shall not exceed 40% of the minimum lot frontage as specified in the schedule of permitted uses and dimensional requirements attached hereto. However, in the B-1A Zone, the total width of access driveways shall not exceed 40% of actual frontage for any lot which has no interior-block parking; in the B-1A Zone for lots which have access to interior-block parking, access shall be limited to the points designated in the design of the interior lot.

In the B-1, B-2 and B-3 Zones where the rear of any developed lot is adjacent to a public street, the rear shall be screened from public view by a buffer strip. (See definition of "buffer strip" for requirements of same.) However, in the B-1A Zone, there shall be a ten-foot planting strip where rear of any developed lot or street side of any corner lot abuts a public street.

In the B-1, B-2 and B-3 Zones, all developed lots shall be suitably landscaped and planted for a depth of at least 10 feet along the front property line and along any side line which is adjacent to a public street. However, in the B-1A Zone on all developed lots, the entire front yard shall be suitably landscaped for a depth of 20 feet from the front property line.

In the L-1 and L-2 Zones, off-street parking areas shall be provided in other than the front yard required in the schedule of permitted uses and dimensional requirements attached hereto. Those portions of the front, side and rear yards that are not used for off-street parking shall be attractively planted with trees, shrubs, plants and grass lawns as required by the Planning Board and Shade Tree Commission.

In the B-1A Zone, off-street parking areas may not be located in any front yard nor closer than 2 1/2 feet to any rear lot line nor closer than five feet to any side lot line.

All developed lots in the B-1, B-2, B-3, B-5, B-5/SDAH-2, L-1 and L-2 Zones which are adjacent to a residential zone shall be insulated and screened from such residential zone by a buffer strip. (See definition of "Buffer Strip" for requirements of same.) However, in the B-1A Zone where a nonresidential use abuts a residential use, the abutting lot line must contain a planting strip or a six-foot high stockade fence abutting the property line.

Outdoor display or storage of products, merchandise, or other goods within the B-1, B-1A, B-2, B-3, B-5, B-5/SDAH-2, L-1, and L-2 Zones.

In the L-1 and L-2 Zones, there shall be no shipping or receiving of products, merchandise or other goods between 10:00 p.m. and 7:00 a.m., prevailing time.

In the B-1, B-1A and B-2 Zones, the outdoor display of more than three new or used motor vehicles and the outdoor storage of new or used motor vehicles within the public view are prohibited.

In the B-1 and B-1A Zones, mixed commercial-residential uses shall be permitted on a lot, provided that it shall be limited to a single building, and provided further that the residential use must be limited to two in number and located on the second floor. The term "floor," for the purposes of this provision, shall mean the cubic area within any room or area in the building, extending from the bottom horizontal plane surface in such room or area upon which a person may walk, to the ceiling of such room or area. For purposes of limiting the density of residential and parking usages in this zone, the height of any floor shall not be greater than nine feet, and no floor above the second floor in any building in this zone shall be used for anything other than as a storage attic. No bedroom, living room or area, bathroom or other similar facility intended for human habitation or use shall be located or used on the third or any higher floor in any building in this zone.

Maximum impervious coverage. The maximum allowable coverage for the combined building and impervious surface area for single-family and two-family residential lots shall be determined as follows:

Performance standards for L-1 and L-2 Zones.

Scope of performance standards. Within the L-1 and L-2 Zones, lands, buildings and structures may only be used in accordance with the performance standards set forth above, and buildings and structures established prior to the adoption of this chapter and nonconforming industrial uses in any district shall be deemed to be subject to the performance standards set forth above.

Enforcement of performance standards. It shall be the duty of the Zoning Officer to enforce the performance standards provided for above. The Zoning Officer shall have the right to make reasonable inspections of any premises in order to carry out his duties and the right to enter any building during the daytime or any other time of operation in the course of his duties. He shall order in writing that any conditions found to exist in violation of this chapter be remedied. It is recognized that enforcement of the performance standards may require the use of special personnel and/or equipment, and the Township Committee shall make available to the Zoning Officer the necessary expert personnel and/or equipment if in his considered judgment there is a possible violation of the performance standards. However, if there is reasonable doubt in the Zoning Officer's mind regarding a violation, and in order to prevent arbitrary, capricious and unreasonable administration and enforcement of the performance standards, the Zoning Officer may, in his discretion, serve written notice, by registered or certified mail, on any person, firm or corporation suspected of violating the performance standards. Such notice shall describe the suspected violation and shall require a satisfactory answer and/or correction within a time limit set by the Zoning Officer, not to exceed 30 days. If a satisfactory answer is not received or satisfactory corrective action is not taken within the prescribed time, the Zoning Officer shall forthwith take all necessary action to determine whether there is a violation of the performance standards and to enforce this chapter without further delay. If there is an answer to the written notice served by the Zoning Officer within the prescribed time and corrective measures are proposed by the person, firm or corporation violating the chapter, the Township Committee may allow such period of time as is reasonable under the circumstances for completion of the corrective measures.

If it is necessary for the Zoning Officer to cause expert findings to be made in connection with a violation of the performance standards and if the expert or experts, as the case may be, find that a violation exists, then the cost of the expert's services shall be paid by the violator upon written demand therefor by the Township Committee. However, if the experts find that this chapter is not being violated, then the cost of the expert's services shall be paid by the Township.[1]