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Borough of Wallington, NJ
Bergen County
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Table of Contents
Table of Contents
Use regulations for the R-1 One-Family Residential Zone shall be as follows.
A. 
Permitted principal uses in the R-1 Zone shall be as follows:
(1) 
One-family detached dwellings, not to exceed one such dwelling on each lot.
(2) 
Municipal parks and playgrounds, including customary recreational, refreshment and service buildings, and any other proprietary or governmental use of the Borough.
(3) 
Places of worship, including parish houses and a religious school's buildings, and public and private schools conducted for children, including uses customarily accessory thereto. Private schools permitted under this subsection shall be nonprofit organizations within the meaning of the Revised Statutes of New Jersey.
(4) 
Buildings or structures used for agricultural purposes, provided that no greenhouses for heating plants shall be operated within 20 feet of any lot line and no livestock, including horses, shall be kept on the property.
B. 
Permitted accessory uses in the R-1 Zone shall be as follows:
(1) 
Garden house, toolhouse, playhouse or greenhouse.
(2) 
Off-street parking and private garages for not more than three motor vehicles, of which not more than one may be a commercial vehicle and the others passenger automobiles.
(a) 
Such vehicles shall belong to residents on the premises, except that space for not more than one such automobile may be leased to a nonresident. When on the premises, the commercial vehicle shall be garaged and shall at no time be parked or left standing at any point outside thereof.
(b) 
Exceptions. A vehicle used for commercial purposes may be parked overnight on a residential property if it meets the following requirements:
[1] 
The vehicle must be used by a resident of the premises in conjunction with his employment for the purpose of commuting to and from his place of employment, job assignment or job location.
[2] 
Said vehicle shall be a van, panel truck or pickup type and shall not exceed a gross weight of 3 1/2 tons.
[3] 
If physically possible, the vehicle must be parked behind the front building line.
(3) 
The keeping of a reasonable number of customary household pets, but excluding the commercial breeding or keeping of the same. Farm animals, as defined in § 365-7, are not considered household pets herein.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
(4) 
Signs in accordance with all applicable local or other ordinances or statutes.
(5) 
Swimming or wading pools incidental to the residential use of the premises and not operated for gain, and subject to the provisions of § 365-49, Swimming pools.
(6) 
Accessory apartment affordable unit, subject to the provisions of Article VIII, Affordable Housing.
[Added 2-26-2009 by Ord. No. 2009-04]
C. 
Conditional uses in the R-1 Zone shall be as follows:
(1) 
Professional offices as part of a residential structure, subject to the following conditions and limitations:
(a) 
The office or studio is incidental to the residential use of the premises and is carried on by a resident thereof with not more than one assistant who does not reside on the premises.
(b) 
The office or studio does not occupy more than 50% of the area of one floor of the building.
(c) 
Off-street parking is supplied on the premises which is sufficient to accommodate the expected parking needs of the residents and the office.
(d) 
The off-street parking area is screened by a buffer strip of at least five feet in width.
(e) 
The proposed office or studio would have no adverse effect on adjacent properties or roads.
Use regulations for the R-2 Two-Family Residential Zone shall be as follows.
A. 
Permitted principal uses in the R-2 Zone shall be as follows:
(1) 
Any R-1 permitted principal use, subject to the same restrictions as prescribed therein. (See § 365-16A.)
(2) 
Two-family detached dwellings, not exceeding one such building on each lot.
B. 
Permitted accessory uses in the R-2 Zone shall be as follows:
(1) 
Any R-1 permitted accessory use, subject to the same restrictions as prescribed therein (see § 365-16B), which includes accessory apartment affordable units subject to the provisions of Article VIII, Affordable Housing.
[Amended 2-26-2009 by Ord. No. 2009-04]
C. 
Conditional uses in the R-2 Zone shall be as follows:
(1) 
Any R-1 permitted conditional use, subject to the same restrictions as prescribed therein. (See § 365-16C.)
Use regulations for the R-3 Multifamily-Garden-Type Dwelling Zone shall be as follows.
A. 
Permitted principal uses in the R-3 Zone shall be as follows:
(1) 
Multifamily garden-type dwellings or multifamily dwellings.
B. 
Permitted accessory uses in the R-3 Zone shall be as follows:
(1) 
Off-street parking.
(2) 
Recreational uses.
C. 
There are no conditional uses permitted in the R-3 Zone.
Use regulations for the R-4 Planned Residential Zone shall be as follows.
A. 
Permitted principal uses in the R-4 Zone shall be as follows:
(1) 
Single-family dwellings.
(2) 
Public recreational facilities.
B. 
Permitted accessory uses in the R-4 Zone shall be as follows:
(1) 
Any R-1 permitted accessory use, subject to the same restrictions as prescribed therein. (See § 365-16B.)
C. 
Conditional uses in the R-4 Zone shall be as follows:
(1) 
Any R-1 permitted conditional use, subject to the same restrictions as prescribed therein. (See § 365-16C.)
Use regulations for the B Business Zone shall be as follows.
A. 
Permitted principal uses in the B Business Zone shall be as follows:
(1) 
Retail business activities of and similar to the following types:
(a) 
Groceries and foodstuffs.
(b) 
Packaged liquors.
(c) 
Drugs and pharmaceuticals.
(d) 
Confectionery.
(e) 
Dry goods and notions.
(f) 
Stationery.
(g) 
Hardware and paints.
(h) 
Radio and television services.
(i) 
Books and tobacco.
(j) 
Periodicals and newspapers.
(k) 
Antiques.
(l) 
Barber and beauty shops.
(m) 
Tailoring and dressmaking.
(n) 
Dry-cleaning collection but not processing.
(o) 
Shoe repairing.
(p) 
Florists.
(q) 
Bakeries.
(r) 
Uses similar to those listed above.
(2) 
Business and professional offices, banks and fiduciary institutions.
(3) 
Parking lots for private passenger vehicles but not for the storage of used or new motor vehicles for sale or hire.
(4) 
Restaurants, taverns, grills and other eating establishments but not including transient or mobile structures. Drive-in restaurants are not to be construed to be allowed hereunder.
B. 
Permitted accessory uses in the B Business Zone shall be as follows:
(1) 
Off-street parking and loading facilities.
(2) 
Signs.
(3) 
Accessory storage, within a wholly enclosed permanent structure, of materials, goods and supplies intended for sale or consumption on the premises.
C. 
There are no conditional uses permitted in the B Business Zone.
Use regulations for the LI-C Light Industrial – Commercial Zone shall be as follows.
A. 
Permitted principal uses in the LI-C Zone shall be as follows:
(1) 
Uses and buildings similar to the following which constitute no nuisance by reason of noise, odor, dust or smoke or vibration and which constitute no unusual fire or explosion hazard, provided that any products which are displayed, stored or sold and any process of manufacture, treatment or repair are carried out within an enclosed structure; provided that items stored can be moved and loaded without the aid of mechanical lifting devices; and provided that the use does not generate frequent heavy truck traffic:
(a) 
Business and professional offices.
(b) 
Financial institutions.
(c) 
Eating and drinking establishments, provided that all food consumed on the premises is served within an enclosed structure.
(d) 
Dry-cleaning and laundry establishments, not including power laundries.
(e) 
Automotive sales and service agencies, except used car operations.
(f) 
Gasoline service stations, except that none shall be located within 1,500 feet of any other service station or commercial garage.
(g) 
Sale of new home building improvement supplies, such as lumber, paint, storm windows and heating, lighting and plumbing fixtures.
(h) 
Sale of new household furnishings such as furniture, floor coverings and bedding.
(i) 
Club rooms and meeting halls.
(j) 
Places of entertainment and amusement such as indoor theaters and bowling alleys, but not including uses such as shooting galleries, billiard or pool halls, miniature golf and arcades.
(k) 
Printing shops and newspaper publishing plants.
(l) 
Wholesale establishments for the storage and distribution of small items that can be delivered by a van or small truck.
(m) 
Light manufacturing establishments such as apparel, sewing and the assembly of small electronic devices.
(n) 
Laboratories for research and experimentation.
(o) 
Morticians.
B. 
Permitted accessory uses in the LI-C Zone shall be as follows:
(1) 
Off-street parking and loading facilities.
(2) 
Signs.
(3) 
Accessory storage, within a wholly enclosed permanent structure, of materials, goods and supplies intended for sale or consumption on the premises.
C. 
There shall be no conditional uses permitted in the LI-C Zone.
Use regulations for the LI Light Industrial Zone shall be as follows.
A. 
Permitted principal uses. Within the LI Light Industrial Zone, no premises, lot, building or structure shall be used and no building or structure shall be erected or altered to be used, in whole or in part, for any use except light industrial uses such as the following:
(1) 
Soft-drink bottling.
(2) 
Embroidery.
(3) 
Manufacturing wearing apparel.
(4) 
Cabinetmaking.
(5) 
Printing and publishing.
(6) 
Assembly of electronic apparatus.
(7) 
Instrument making.
(8) 
Packaging products.
(9) 
Electroplating metals.
(10) 
Molding of plastics.
(11) 
Laundry and dry-cleaning plants.
(12) 
Bakeries and confectioneries.
(13) 
Storage and warehousing of small items weighing under 50 pounds.
(14) 
Eating and drinking establishments, provided that all food consumed on the premises is served within an enclosed structure.
B. 
Permitted accessory uses in the LI Zone shall be as follows:
(1) 
The same as in the LI-C Zone, subject to the same restrictions as prescribed therein. (See § 365-21B.)
C. 
There shall be no conditional uses permitted in the LI Zone.
Use regulations for the I Industrial Zone shall be as follows.
A. 
Permitted principal uses in the I Zone shall be as follows:
(1) 
Any use which does not constitute an unusual fire or explosion hazard and which does not create a nuisance by reason of smoke, odor, dust, noise or glare, including:
(a) 
The manufacture or processing of products such as:
[1] 
Food, except meat packing.
[2] 
Textiles.
[3] 
Furniture.
[4] 
Fabricated metal.
[5] 
Machinery.
[6] 
Lumber.
[7] 
Paper.
[8] 
Leather.
(b) 
Uses involving the treatment, assembly, alteration or storage of products such as:
[1] 
Power laundries.
[2] 
Cleaning and dyeing plants.
[3] 
Warehouses and truck terminals.
[4] 
Storage yards for lumber, coal and building materials providing said storage of such materials is only permitted utilizing an enclosed permanent structure or building (with a roof to limit or suppress noise).
[Amended 10-26-2017 by Ord. No. 2017-11; 12-21-2017 by Ord. No. 2017-12; 9-8-2020 by Ord. No. 2020-14]
[5] 
Storage and distribution of bulky items weighing over 50 pounds providing that such storage of items over 50 pounds, as well as items of a lesser weight, are only permitted in a permanent structure or building (with a roof to limit or suppress noise).
[Amended 10-26-2017 by Ord. No. 2017-11; 12-21-2017 by Ord. No. 2017-12; 9-8-2020 by Ord. No. 2020-14][1]
[1]
Editor's Note: Former Subsection A(1)(c), regarding storage of volatile liquids in aboveground tanks, which immediately followed this subsection, was repealed 10-26-2017 by Ord. No. 2017-11.
B. 
Permitted accessory uses in the I Zone shall be as follows:
(1) 
Off-street parking and loading facilities.
(2) 
Signs.
(3) 
Accessory storage, within a wholly enclosed permanent structure, of materials, goods and supplies intended for sale or consumption on the premises.
C. 
There shall be no conditional uses permitted in the I Zone.
[Amended 2-28-2013 by Ord. No. 2013-04]
Use regulations for the CB Commercial Business Zone shall be as follows.
A. 
Permitted principal uses in the CB Zone shall be as follows:
(1) 
Business and professional offices.
(2) 
Retail department stores.
(3) 
Food-supermarket-type stores.
(4) 
Medical arts buildings.
(5) 
Barbershops, beauty salons, apparel boutiques, liquor stores, banks, stationery stores and small electronics–video stores.
(6) 
Retail stores.
(7) 
Scientific or research laboratories, testing, experimental or computation centers, provided that there shall be no use thereof that is noxious, offensive or hazardous by reason of emission of odor, dust, smoke, noise or electric, magnetic or radioactive waves.
[Added 10-26-2017 by Ord. No. 2017-11; amended 12-21-2017 by Ord. No. 2017-12; 9-8-2020 by Ord. No. 2020-14]
B. 
Permitted accessory uses in the CB Zone shall be as follows:
(1) 
Off-street parking and loading.
(2) 
Signs.
(3) 
Accessory storage, within a wholly enclosed permanent structure, of materials, goods and supplies intended for sale or consumption on the premises.
C. 
Additional regulations for uses in the CB Zone shall be as follows:
(1) 
There shall not be less than 30 feet of open space between buildings nor shall the same use be permitted in adjoining buildings.
(2) 
This subsection applies notwithstanding anything in the Schedule of Area, Bulk and Yard Requirements[1] to the contrary.
[1]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is attached to this chapter.
[Added 9-25-2008 by Ord. No. 2008-05; amended 9-25-2008 by Ord. No. 2008-07]
A. 
Principal permitted uses may be any combination of the following uses:
(1) 
Townhouses. Units attached horizontally in a row of at least three units, with no unit located over another unit, and with party walls between each unit.
(2) 
Stacked condominiums/flats. Units stacked vertically, with each unit either occupying its own floor (a flat) or occupying all or half a floor with space on two levels (a duplex unit). The first level unit shall have its own street-level entrance with access to upper-level units via staircases (rather than elevators).
(3) 
Multifamily apartments. A multifamily building has multiple units sharing a building floor. Access to upper-level units is typically accomplished by elevator; however, they may also be built as walk-up buildings with staircases only.
B. 
Permitted accessory uses:
(1) 
Private garages, underground parking garages, structured parking garages, tuck-under parking garages and surface parking.
(2) 
Other accessory uses customarily incidental to a permitted principal use.
C. 
Permitted conditional uses: none.
D. 
Minimum lot size: three acres.
E. 
Maximum density: 20 units/acre.
F. 
Minimum property setbacks:
(1) 
Along Main Avenue boundary: 50 feet.
(2) 
Along A1 Ventura Road boundary: 25 feet.
(3) 
Along rail right-of-way boundary: 25 feet.
(4) 
Along Saddle River boundary: 75 feet.
(5) 
Along any other side lot line: 15 feet.[1]
[1]
Editor's Note: The setback may be reduced to zero feet at the discretion of the Planning Board if a uniform site plan application is submitted for Block 71, Lots 35.01 and 35.02.
(6) 
Along any other rear lot line: 25 feet.[2]
[2]
Editor's Note: The setback may be reduced to zero feet at the discretion of the Planning Board if a uniform site plan application is submitted for Block 71, Lots 35.01 and 35.02.
G. 
Minimum separation for buildings or building complexes:
(1) 
No less than 20 feet shall separate side-to-side, side-to-front or side-to-rear conditions.
(2) 
No less than 40 feet shall separate front-to-front, front-to-back or back-to-back conditions.
H. 
Maximum building length.
(1) 
Townhouses and stacked condominiums/flats: 8 units or 200 feet.
(2) 
Multifamily apartments: 225 feet.
I. 
Maximum building height.
(1) 
Townhouses: 2 1/2 stories/35 feet.
(2) 
Stacked condominiums/flats: three stories/35 feet.
(3) 
Multifamily apartments: four stories/45 feet.
J. 
Off-street parking. New Jersey Residential Site Improvement Standards (RSIS) shall apply, as well as the following additional requirements:
(1) 
No off-street surface parking lots are permitted within 50 feet of the Main Avenue boundary.
(2) 
Garages for townhouses and stacked condominiums/flats should be located in the rear of the building where possible.
(3) 
All structured and tuck-under parking garages shall be screened from view of Main Avenue and front facades of a building by residential units, lobbies, fitness rooms or other such areas of a building.
K. 
Lot coverage.
(1) 
Maximum building coverage: 25%.
(2) 
Maximum impervious coverage: 75%.
L. 
Open space.
(1) 
At least 30% of the lot shall be devoted to open space. Active recreation facilities, required buffer areas and other pervious areas, including lands used for stormwater detention, may be counted as open space.
(2) 
At least 25% of the open space shall be in the form of active recreation.
M. 
Minimum buffers shall be provided as follows.
(1) 
Along rail right-of-way boundary: Minimum ten-foot-wide buffer shall be planted with evergreen trees that will attain a height of at least 25 feet and provide a dense screen.
(2) 
Along A1 Ventura Road boundary: In lieu of a buffer, a six-foot-high decorative, board-on-board fence shall be provided.
(3) 
Along Main Avenue boundary: Minimum twenty-five-foot-wide buffer shall be planted with grass and shrubs.
(4) 
Along Saddle River boundary: Minimum twenty-five-foot-wide buffer.
N. 
A minimum twenty-percent affordable housing set aside is required in accordance with the applicable requirements of the New Jersey Council on Affordable Housing. All affordable units shall be integrated with market-rate units throughout the development.