A.
Existing zone lots of record. In any residential zone,
only a one-family dwelling may be erected on a nonconforming zone
lot or parcel of official record at the effective date of this chapter.
B.
Lot width. The minimum lot width of any lot shall
be measured at the minimum front yard setback line as required for
the district in which it is located. In cases of irregular-shaped
lots whose sides are not parallel, the lot frontage measured at the
street right-of-way line shall not be less than 75% of the required
minimum lot width.
C.
Corner lots. At all street intersections, no obstruction
to vision (other than an existing building, post or column) exceeding
30 inches in height above the established grade of the street at the
property line shall be erected or maintained on any lot and such line
drawn between points along such street lot lines 25 feet distant from
their intersection. The determination of the front yard of a corner
lot shall be at the option of the owner or developer and shall be
so designated on all maps and official records.
D.
Through lots. Where a single lot under individual
ownership extends from one street to another, both street frontages
of said lot shall be subject to the front yard requirements of this
chapter.
(1)
Where a single lot under individual ownership fronts
upon three streets, the owner may select which street shall be the
front of the building. If the owner selects one of the parallel streets
to be the front, both parallel street frontages of said lot shall
be subject to the minimum front yard requirements of this chapter
and the perpendicular street frontage shall be subject to the minimum
side yard requirements which may herein be imposed upon corner lots.
If the owner selects the perpendicular street frontage as the front
yard, said perpendicular street frontage shall be subject to the minimum
front yard requirements and the parallel street frontages shall be
subject to the minimum side yard requirements of this chapter; subject,
however, to any additional requirements which may herein be imposed
upon corner lots.
(2)
Where a single lot under individual ownership comprises
an entire block, two parallel frontages as selected by the owner shall
comply with the front yard requirements of this chapter and the remaining
frontages shall comply with the minimum side yard requirements of
this chapter.
E.
Required area or space cannot be reduced. The area
or dimension of any zone lot, yard, parking area or other space shall
not be reduced to less than the minimum required by this chapter;
and, if already less than the minimum required by this chapter, said
area or dimension may be continued and shall not be further reduced.
G.
Frontage upon a street. Every principal building or
planned group development shall be built upon a lot with frontage
upon an improved and approved street in accordance with the street
standards established by the Borough.
A.
General application. No building or structure shall
have a greater number of stories or greater number of feet than are
permitted in the district where such building is located.
B.
Permitted exceptions. Height limitations stipulated
elsewhere in this chapter shall not apply to church spires, belfries,
cupolas and domes, monuments, chimneys, smokestacks, elevator towers
and enclosures, flagpoles, fire towers, steeples, (occupying in the
aggregate less than 10% of the roof area where they are located),
television aerials or parapet walls, except that no parapet wall may
extend more than four feet above the limiting height of the building.
Mechanical appurtenances such as condensors, exhaust fans, elevator
housing and other similar equipment are exempt from these height restrictions,
provided they do not extend more than 15 feet above the maximum height
limitation.
[Amended 12-14-2000 by Ord. No. 2000-45; 4-14-2022 by Ord. No. 2022-6]
A.
The permitted building height in the R-1, R-1A, R-2, R-2A, R-3, R-3A
and R-4 Zones shall be limited to 32 feet and three stories.
B.
These height limitations shall be defined as the vertical distance
from the average finished grade plane to the midpoint of the roof
for a one-family dwelling and to the midpoint or to a flat roof for
a two-family dwelling.
C.
All roofs shall have a minimum pitch of four inches vertical distance
for each 12 inches of horizontal distance. (Note: A lesser pitch is
equivalent to a flatter roof pitch.)
D.
No rear yard shall be filled in excess of two feet above the existing
grade prior to construction.
E.
No person or entity shall, without a building permit, construct a
retaining wall in excess of two feet in height, as measured from the
original mean ground grade level along the nearest property line and
which existed at the time of the issuance of the building permit.
F.
(Reserved)
G.
(Reserved)
H.
The garage and/or porte cochere eave line along the side property
line shall be limited to 10 feet six inches above the average finished
grade plane.
[Added 12-14-2000 by Ord. No. 2000-45; amended 4-14-2022 by Ord. No. 2022-6]
A.
Attached garages in R-2, R-3 and R-3A Zones shall
be limited to 25 feet in length and width.
B.
In R-2, R-2A, R-3, R-3A and R-4 Zones, the minimum
setback from the side lot line shall be three feet, with an eave height
limited to 10 feet six inches above grade.
C.
Garages which adjoin the rear yard shall have a setback
of not less than 20 feet from the rear property line in R-1, R-1A,
R-2, R-2A, R-3, R-3A and R-4 Zones.
[Amended 9-28-2000 by Ord. No. 2000-35; 12-14-2000 by Ord. No. 2000-45; 4-14-2022 by Ord. No. 2022-6]
A.
General.
(1)
Required yards shall be open to the sky, unobstructed except for
the ordinary projection of parapets, window sills, door posts, rainwater
leaders, belt courses and ornamental fixtures which may not project
more than six inches into such yards.
(2)
Cornices and eaves may project no more than two feet six inches into
any required yard. The only exception shall be that side yards adjacent
to an attached garage which are less than five feet may have cornices
and eaves which project no more than 12 inches into the side yard.
(3)
In residential districts, an open porch one story in height may project
no more than six feet into the required front yard, nor shall such
projection be nearer than the side yard requirements. In no instance
shall an open porch be located closer than 10% to a front lot line,
including any steps thereto, and in no case shall it extend further
than three feet beyond the majority of the houses on the street. Covered
porches shall not be erected in the front yard setback.
(4)
In residential apartment districts, an entrance vestibule shall not
exceed one story in height or 10 feet in width and shall project not
more than four feet into the required front yard.
(5)
The provision of a wholly underground parking facility in conjunction
with a planned group development or any structure shall not be subject
to the prevailing yard requirements as established for principal and
accessory structures.
B.
(Reserved)
C.
Front yard requirements affected by Official Map or Master Plan.
Where any lot fronts upon a street right-of-way which is proposed
to be widened as indicated on the Official Map of the Borough or in
the adopted Master Plan of the Borough or by the Bergen County Master
Plan or Official Map as provided by law, the front yard or front side
yard in such district shall be measured from such proposed future
right-of-way line.
D.
Side yard exception.
(1)
Corner lot. The side street setback line of any corner lot shall
not be less than 1/2 of the depth of the minimum front yard required
on any adjoining lot fronting on a side street, but, in any case,
shall not be less than 12 feet. Any corner lot delineated by subdivision
or subject to site plan approval after the adoption of this chapter
shall provide a side street setback line which shall not be less than
the minimum front yard required on any adjoining lot fronting on the
same street, as provided in this chapter.
(2)
Projections into required yards. Certain features may project into
required yards in the R-2, R-2A, R-3, R-3A and R-4 Zones, as follows:
(a)
(Reserved)
(b)
One-story projections for a total of 14 feet in length may project
up to one foot six inches into the required side yard opposite the
garage side of the dwelling.
(c)
In R-2 and R-2A Zones, a porte cochere roof structure may be
erected to within three feet of a side lot line, provided that such
structure is open at ground level on a minimum of three sides. The
porte cochere shall be a maximum of 15 feet in length measured along
the side yard line, and any second floor portion of a dwelling over
the porte cochere shall be set back a minimum of 10 feet from the
side lot line.
(d)
Accessory patios may be located in side and rear yards, provided
that they are not closer than three feet to any property line.
E.
Rear yard exceptions.
(1)
In R-1, R-1A, R-2, R-2A, R-3, R-3A and R-4 Zones, attached garages
may extend to within 20 feet of rear lot lines and shall be a maximum
of 10 feet six inches in height from eave line to grade. The second
floor must be set back 25 feet from rear lot lines.
(2)
In R-1, R-1A, R-2, R-2A, R-3, R-3A and R-4 Zones, one-story projections
for a total 14 feet in length may project up to two feet into the
required rear yard but may not exist on a garage wall at a twenty-foot
setback.
F.
Yard requirements in apartment zones PCR-1, R-6, R-7, R-8A, R-9,
R-10, and R-11.
(1)
Minimum yard requirements.
(a)
All apartment buildings governed by this subsection in the PCR-1,
R-6, R-7, R-8A, R-9, R-10 and R-11 Zones shall provide minimum front
and rear yards equal to 50% of the height in feet of the building
or structure or as defined by the following formula, whichever is
greater:
|
RY = 10 + 2S + (L/15)
| ||
|
Where:
| ||
|
RY
|
=
|
the required front or rear yard in feet in accordance with the
definition of a yard provided herein.
|
|
S
|
=
|
the height in stories of the building or structure.
|
|
L
|
=
|
the length in feet or the horizontal prolongation of the building
or structure or portion thereof perpendicular to the lot line.
|
(b)
Side yard requirements shall be equal to a minimum of 25% of
the height of the building or structure or a minimum of 25 feet, whichever
is greater.
(2)
Modification to yard requirements. The minimum yard requirements
may be modified where one or more parcels abut or lie adjacent to
a roadway where the right-of-way width exceeds 50 feet; where the
parcel or parcels abut a publicly owned recreational facility or is
situated adjacent to a bluff or escarpment. In such cases, the minimum
yard requirement may be reduced one foot for every two feet of roadway
width in excess of 50 feet; or one foot for every two feet of depth
of recreational land perpendicular to the subject building; or one
foot for every two feet of horizontal prolongation of bluff or escarpment,
provided that the minimum yard requirements are not reduced to less
than 25% of the height of the building or structure or less than 20
feet, whichever is greater.
G.
Yard requirements in the PCR-1, C-1, C-2, C-3, C-4 and C-6 Zones.
(1)
Minimum front yard requirements in the PCR-1, C-1, C-2, C-3, C-4,
C-6 and C-7 Zones.
(a)
The minimum front yard requirements in the PCR-1, C-1, C-2,
C-3, C-4, C-6 and C-7 Zones shall be in accordance with the following
formula:
|
RFY = 3/4 (B.H.) - 1/2 (R.O.W.)
| ||
|
Where:
| ||
|
RFY
|
=
|
the minimum required front yard in feet.
|
|
B.H.
|
=
|
building heights in feet.
|
|
R.O.W.
|
=
|
the right-of-way width of the adjacent street in feet.
|
(b)
In cases where the right-of-way width is less than 60 feet,
a minimum front yard equal to 1/2 the difference of the present right-of-way
and 60 feet shall be utilized unless a greater front yard is required
by the formula.
(d)
The front yard requirements indicated herein are the minimum
requirements of this chapter. Other municipal, county or state regulations
may require additional setbacks in specific circumstances which shall
then be held to be the minimum requirements.
(2)
Minimum side yard requirements in the PCR-1, C-1, C-2, C-3, C-4, C-6 and C-7 Zones. Except as required for corner lots by § 410-28D(1) or where abutting a residential zone, no side yards are required in the PCR-1, C-1, C-2, C-3, C-4, C-6 or C-7 Zone for principal or accessory buildings which do not exceed 30 feet in height. When abutting a residential zone or where the principal or accessory building or structure exceeds 30 feet in height, minimum side yard of 15 feet or a distance equal to 1/4 the height of the building or structure, whichever is greater, shall be required. Where side yards are provided, they shall be sufficiently wide to permit two-way ingress and egress for automotive and emergency vehicles to the rear of said property in accordance with the Fort Lee Site Plan Ordinance[1] and shall be equal to 1/4 the height of the building or
structure as may be modified by the Planning Board but shall not be
less than 15 feet except in the case of a corner lot or a through
lot. Corner lots and through lots shall be deemed to provide adequate
access to the rear of said property and any side yards provided, whether
or not required, shall not be subject to any minimum dimension.
(3)
Rear yard requirement in the PCR-1, C-1, C-2, C-3, C-4, C-6 and C-7
Zones. A rear yard equal to 1/3 the height of the building or 15 feet,
whichever is greater, shall be required in all PCR-1, C-1, C-2, C-3,
C-4, C-6 and C-7 Zones. When abutting a residential zone, a minimum
rear yard equal to 1/2 the height of the building or 15 feet, whichever
is greater, shall be required.
(4)
Side and rear yard exception in the C-3 Zone. Any parcel directly
abutting the Bridge Plaza and its approach ramps shall not be required
to maintain a side or rear yard on the side or sides abutting said
plaza or approach ramps.
[Amended 4-14-2022 by Ord. No. 2022-6]
A.
Maximum lot coverage. Land coverage by principal buildings or structures
on each zone lot shall not be greater than is permitted in the district
where such principal buildings are located. The provision of an underground
parking area in conjunction with a planned group development or a
singular building shall not be subject to the provisions of this section.
B.
Maximum improved lot coverage. The maximum improved lot coverage,
as defined herein, shall be limited as follows:
(1)
C-1, C-2, C-3, C-4, C-6 and C-7 Zones. In the C-1, C-2, C-3, C-4,
C-6 and C-7 Zones, the maximum improved lot coverage for all uses
shall not exceed 85% of the lot area.
(2)
Apartment buildings in the R-5, R-6, R-7, R-8, R-9, R-10 and R-11
Zones. Any apartment building or planned multiple-family development
group in the R-5, R-6, R-7, R-8, R-9, R-10 and R-11 Zones shall not
exceed an improved lot coverage of 75% of the lot area.
(3)
One-family and two-family dwellings in the R-1, R-1A, R-2, R-2A,
R-3, R-3A, R-4, R-5, R-6, R-7, R-8, R-8A, R-9, R-10 and R-11 Zones.
Any one-family or two-family dwelling in the R-1, R-1A, R-2, R-2A,
R-3, R-3A, R-4, R-5, R-6, R-7, R-8, R-8A, R-9, R-10 and R-11 Zones
shall not exceed an improved lot coverage of 60% of the lot area.
A.
Street requirements. Where the Planning Board, after
public hearings, has adopted portions of the Master Plan, with proposals
regarding the street system within a proposed subdivision or development
requiring site plan approval, the Planning Board, in accordance with
N.J.S.A. 40:55-1.20, may require that the street or streets shown
conform in design and in width to the proposals shown on the Master
Plan. No street of a width greater than 50 feet within the right-of-way
lines may be required unless said street already has been shown on
such Master Plan at a greater width or already has been shown in greater
width on the Official Map.
B.
Safety and health requirements. The Planning Board
shall also require that all lots shown on the plats of a subdivision
and all details required for site plan approval shall be adaptable
for their intended purposes without danger to health or peril from
flood, fire, erosion or other menace.
C.
Schools, parks and drainage rights-of-way. If portions
of the Master Plan contain proposals for drainage rights-of-way, schools,
parks or playgrounds within the proposed subdivision or site plan
area or in its vicinity or if standards for the allocation of subdivisions
or site plan areas for drainage rights-of-way, school sites, park
and playground purposes have been adopted, before approving such subdivision
or site plan, the Planning Board may further require that such drainage
rights-of-way, school sites, parks or playgrounds be shown in locations
and sizes suitable for their intended purposes.
D.
Reservation rights. The governing body shall be permitted
to reserve the location and extent of such school sites, public parks
and playgrounds shown on the Master Plan or any part thereof for a
period of one year after the approval of the final subdivision plat
or site plan or within such further time as agreed to by the applicant
party. Unless during such one year period or extension thereof, the
municipality shall have entered into a contract to purchase, has instituted
condemnation proceedings according to law or has otherwise obtained
title or other interest in lands for said school site, park or playground,
the applicant shall not be bound by the proposals for such areas shown
on the Master Plan. This provision shall not apply to the streets
and roads and drainage rights-of-way required for final approval of
any subdivision plat or site plan approval which are deemed essential
to the public welfare.
A.
Enclosed uses. Any enclosed use required by any Borough
ordinance to be landscaped shall provide a fence or a visual screen
as may be required by the Planning Board, designed to produce a dense
cover consisting of evergreen or evergreen-type hedges or shrubs,
spaced at intervals of not more than six feet, located and maintained
in good condition within 10 feet of the property line.
B.
Unenclosed uses. Any use which is not conducted within
a completely enclosed building, including but not limited to storage
yards, lumber and building materials yards and parking lots, shall
be entirely enclosed by a fence as may be required by the Planning
Board. This subsection shall not apply to nurseries or to automobile
or trailer sales areas, except when abutting a residential zone.
C.
Maintenance. Any fencing or landscaping installed
in accordance with this section shall be maintained in good order
to achieve the objectives of this section. Failure to maintain fencing
or to replace dead or diseased landscaping shall be considered a violation
of this chapter.
A buffer zone shall be established in the following
manner and subject to terms and conditions as provided herein:
A.
No principal or accessory use nor any off-street parking
or loading areas or other use shall be permitted within a required
buffer zone.
B.
No access or driveways or streets shall be permitted
within the required buffer zone except for an existing driveway.
C.
Said buffer zone shall be kept in its natural state
where wooded and when natural vegetation is sparse, plant material
at least six feet in height and a solid or tightly woven fence or
a masonry wall may be required by the Planning Board so as to provide
a year-round visual screen. Said planting may be placed in suitable
areas in the buffer zone as shall be required by the Planning Board.
D.
Within said buffer zone, underground utility easements
shall be permitted.
E.
The area encompassed in the buffer zone may be utilized
for the purpose of computing lot coverage but not yard setbacks.
F.
A buffer zone at least 50 feet in depth shall be provided
along Lot 8 in Block 6401 of the Fort Lee Tax Maps parallel to the
Fort Lee-Englewood municipal boundary line.
G.
A buffer zone of at least 25 feet in depth shall be
provided between the C-7 Special Business Zone and the R-3 One- and
Two-Family Residential Zone, more particularly following the easterly
boundary of Lot 1 in Block 5804 and the easterly and southerly boundary
of Lot 2 in Block 5804; Lots 1-19 in Block 5801 and Lots 1-4 in Block
5102.
[Added 6-12-2003 by Ord. No. 2003-18]
Except on a one- or two-family home, all mechanical
equipment and utility equipment located on the roof of any building
shall be positioned and/or screened so that said equipment is not
visible from any public street nor from any adjacent property. All
mechanical equipment and utility equipment shall be:
A.
Set back a sufficient distance from the building edge
so as to prevent visibility from all street rights-of-way and adjacent
property; and/or
B.
Enclosed by outer building walls, parapet walls or
architectural screening which shall have the same color, texture,
quality and materials used on the exterior of the building. Such screening
shall form a continuous enclosure around the equipment at least one
foot above the highest point of the equipment which is enclosed. The
approving authority may, at its discretion, approve screening which
uses different colors, textures or materials if it determines that
said screening would be visually compatible with the building.
