No land or premises may be used and no building or structure may be erected, razed, moved, extended, enlarged or used for any purpose other than permitted herein, in the district in which the same is located, and all construction shall be in conformity with the regulations provided for the district in which such building, structure or premises is located.
No building or structure or part thereof shall be erected, razed, moved, extended, enlarged, altered or demolished until a permit for the same has been granted by the Building Inspector. In the event that the existing grade of such parcel is to be altered by the proposed building or structure, no permit shall be issued by the Building Inspector until the application has been reviewed and approved by the Borough Engineer. In the event that the application will result in changes in surface drainage, such application shall further be required to be submitted to the Planning Board of the Borough for its review and approval. The Planning Board shall give its approval to construction only upon being satisfied that such construction shall not adversely affect drainage on the parcel or any neighboring parcel.
When a new lot or lots are desired to be formed from one or more parcels of land, the division sought to be affected shall conform to all of the provisions of this chapter, as well as Chapter 192, Subdivision of Land, and all other ordinances under the jurisdiction of the Planning Board and its rules and regulations, as well as all other lawful ordinances, rules and regulations of the Borough.
[Amended 4-25-2001 by Ord. No. 1371]
Public utilities or any public use, as the same is defined by the laws of the State of New Jersey, may be located in any of the zone districts. However, before the issuance of a building permit or certificate of occupancy, application shall be made to the Planning Board for site plan approval of the proposed use, which condition shall be satisfied prior to the issuance of such permit or certificate. In addition to the criteria under Chapter 192, the Board shall be satisfied that the plan is not detrimental to the health, safety and general welfare of the community.
Every lot shall provide yards as required by the regulations of its zone district as set forth in this chapter. All front yards shall face upon a street approved by the Planning Board. No building shall encroach into any proposed public or nondedicated street for which plans have been officially adopted by the Borough Council.
[Amended 2-25-2004 by Ord. No. 1460]
No lot in the A-1, A-2 and OT Districts may contain more than one principal building.
[Amended 2-14-1983 by Ord. No. 993]
No accessory buildings/structures, except tennis courts, may be built on any lot on which there is no principal building.
A. 
A-1 and A-2 Districts. Accessory buildings in the A-1 and A-2 Districts shall meet the following requirements:
[Amended 9-24-2003 by Ord. No. 1451; 11-24-2003 by Ord. No. 1456]
(1) 
The maximum height at any point shall be 18 feet from grade at the lowest point to the peak ridge of the roof; provided, however, that in no case shall it exceed the height of the principal building. The pitch of the roof must be no less than five inches on 12 inches. Accessory structures may have a storage area located directly over the first floor ceiling, provided that this area will remain unfinished. No residences or offices may be located in the accessory structure. If a stairway is proposed to the storage area, it must be located within the confines of the structure.
[Amended 11-9-2005 by Ord. No. 1516; 1-24-2007 by Ord. No. 1543]
(2) 
They shall be at least 10 feet from any principal building situated on the same lot or on an adjoining lot and at least five feet from any other accessory building on the same lot.
[Amended 8-25-2004 by Ord. No. 1480]
(3) 
They shall be at least six feet from a side or rear yard property line in the A-2 Zone and at least 10 feet from a side or rear property line in the A-1 Zone. No accessory structure or building is permitted in the required front yard, nor in the front side yard in the case of a corner property. This includes, but not limited to, patios, sheds, arbors, swing sets and any other accessory structure as determined by the Zoning Official.
[Amended 1-24-2007 by Ord. No. 1543]
(4) 
On corner lots, they shall not be erected nearer to the street than the required front yard and side front yard setbacks in the zone in which located. Additionally, they shall not in any case be located closer to any front street property line than the actual building setback of an existing building located on an adjacent lot.
(5) 
In the A-1 Zone, the total of buildings shall not exceed 25% of the lot area within 175 feet of the front property line or front street right-of-way. In the A-2 Zone, the total of all buildings shall not exceed 25% of the lot area within 140 feet of the front property line or front street right-of-way.
(6) 
Total garage bays for principal building, accessory buildings and structures shall not exceed the capacity for the parking of three motor vehicles. A partition shall be required for any other use within the garage. Parking space size per vehicle shall be ten-foot wide by twenty-foot deep clear space.
[Amended 12-16-2009 by Ord. No. 1613]
(7) 
The total of all detached accessory buildings shall not exceed 50% of the total first floor area of the principal building structure including attached garages, breezeways and enclosed and open porches. Open decks and patios shall not be included in the floor area.
B. 
C-1, C-2, C-3, D, OB-1 and OB-2 Districts. For the purposes of this chapter, all buildings in the C-1, C-2, C-3, D, OB-1 and OB-2 Districts shall be construed to be principal buildings. Unless otherwise provided in this chapter, there shall be a distance between buildings of at least 10 feet, but in no event less than the height of the shorter building.
C. 
Tennis courts in the A-1 and A-2 Districts.
(1) 
Tennis courts in the A-1 and A-2 Districts shall meet the following requirements:
(a) 
Tennis courts shall be permitted only in connection with a dwelling unit or units erected on the same lot or lots. Tennis courts shall be further permitted on any lot adjoining a lot containing a dwelling, provided that both lots are in common ownership.
(b) 
Tennis courts shall not be used for commercial purposes.
(c) 
Tennis courts shall be located behind the front setback line of such dwelling to which it is an accessory and not closer than 10 feet from either side line, inclusive of fencing, or five feet from the rear property line, inclusive of fencing.
(d) 
In all instances on corner lots where the dwelling to which the tennis court shall be an accessory, the tennis court shall not be located any closer than 35 feet from either street.
(e) 
All fences installed in connection with such tennis courts shall be cyclone-type fencing or equal type of permanent fencing and shall not exceed 10 feet in height as measured from the surface of the tennis court.
(f) 
The installation of lights for use of such tennis courts is expressly prohibited.
(2) 
All applications for permits to install a tennis court shall be made to the Building Inspector and shall include a detailed plot plan of the entire property, showing existing buildings and the proposed tennis court, drawn to scale, with pertinent dimensions and grade elevations shown in figures at the court, building and property lines. The plot plan shall be signed by the owner or his or her agent or a duly licensed engineer or registered architect or land surveyor of New Jersey. Prior to the issuance of any building permit for the installation of a tennis court, the Building Inspector shall be satisfied that there has been full compliance with all of the requirements of § 230-9 of this chapter.
D. 
OT District. Accessory buildings or structures, except for tennis courts, in the OT District shall meet the following requirements:
[Added 2-25-2004 by Ord. No. 1460]
(1) 
The maximum height at any point shall be 20 feet, but in no case shall exceed the height of the principal building.
(2) 
They shall be at least 10 feet from any principal building situated on the same lot or on an adjoining lot and be a least four feet from any other accessory building on the same lot.
(3) 
They shall be at least 10 feet from a side or rear property line. An exception, however, shall be that an accessory building of one-hour fire-resistant construction may be located in a side yard or rear year within 10 feet of a principal building and in no event within 10 feet of a property line.
(4) 
They shall not be erected in the front half of the lot in any event, but notwithstanding the foregoing, in no case need the accessory building be set back more than 80 feet from the front property line.
(5) 
They shall not be located within 10 feet of the rear or side lot lines when such location is adjacent to the front half of an adjoining lot.
[Amended 12-9-2020 by Ord. No. 1832]
No structure or building shall be constructed or used as a dwelling when located in the side or rear yard of a building situated on the same lot; nor shall any building be constructed in front of the dwelling situated on the same lot. These provisions shall be of no force and have no effect nor apply to properties located in the AHO-1 and AHO-2 overlay districts.
A. 
Any lot or plot as laid out on the Borough Assessment Map, as revised, which is in effect on the date of the adoption of this chapter, that fails to comply with the minimum requirements of this chapter, may be used for any use not otherwise prohibited in the district in which it lies, provided that such lot is in single ownership, as defined in this chapter; and further provided that all yard and building area ratio requirements are complied with.
B. 
The use of two or three lots in common ownership, as defined in this chapter, where either one, two or three lots do not comply with the minimum requirements of this chapter shall be determined on the basis of neighborhood character. For the purposes of this subsection, the determination of neighborhood character shall be made on the basis of the following standards:
(1) 
If the percentage of area to required area of each of the lots in question equals or exceeds the percentage of area to the required area of at least 60% of the total number of lots, any parts of which are within the same zone within 400 feet in all directions from the property line of the lots in question, such lot shall be construed to be in keeping with the character of the neighborhood. The following formula shall be used in computation of the foregoing:
Area of lot within 140 feet of front property line
X
100
=
Percentage of area to required area
Required area within 140 feet of front line
(2) 
A minimum frontage of 50 feet shall be required for each of two lots in common ownership. For three lots in common ownership, the minimum frontage for each lot shall be 60 feet. The use of more than three lots in common ownership shall be in conformity with the provisions of this chapter governing the district in which the lots are located.
No lot, yard, parking area or other space shall be so reduced in area or dimension as to make the area or dimension less than the minimum required under this chapter. If already less than the minimum required under this chapter, such area or dimension shall not be further reduced.
[Amended 2-14-1983 by Ord. No. 993]
A. 
In all residence districts, there shall be at least one enclosed garage for each dwelling unit hereafter erected. The total cubic foot content of any garageless dwelling shall not be enlarged nor shall any structural addition be made to such dwelling until a garage is first built. An existing garage shall not be reduced in interior dimensions to a clear width of less than 10 feet nor be converted to another usage unless prior thereto it is replaced with another enclosed garage for use of the residence on the same lot, meeting the minimum requirements of this subsection. These provisions shall be of no force and have no effect nor apply to properties located in the A-2MF districts.
[Amended 11-24-2003 by Ord. No. 1456; 12-16-2009 by Ord. No. 1613; 12-9-2020 by Ord. No. 1832; 12-9-2020 by Ord. No. 1834]
B. 
Only one commercial vehicle owned or leased by a resident on the premises shall be permitted to be kept on the premises and only when kept within a garage at all times. Such vehicle shall not exceed a capacity of 1 1/2 tons.
No permit shall be granted for a building, structure or use if the design or construction of the same involves or is likely to involve exceptional risks of traffic congestion, public safety or hazard. If the use, design or construction of any building or structure is so markedly incongruous with the character of the neighborhood as to materially and adversely affect the value of the adjacent or nearby property, the Building Inspector shall deny the permit and refer the applicant to the Board of Adjustment.
[Amended 4-26-2000 by Ord. No. 1345]
No part of any principal building may project into any yard required under this chapter, nor shall any structure attached to the principal building project into any required yard setback except as hereinafter provided:
A. 
Cornices, eaves and roof overhangs may project no more than three feet into the required yard.
B. 
Sills, leaders, belt courses and similar ornamental or structural features may project not more than six inches into any required yard.
C. 
Foundationless bay windows or chimneys may project not more than two feet into any required yard, except in the case of side yards, where they may project no closer than 10 feet into the A-1 Zone and six feet into the A-2 Zone.
D. 
Unenclosed entrances, porches or steps, not to exceed seven feet in width, may project not more than five feet into any required yard, provided that such projection may not be closer than 10 feet to a side property line in the A-1 Zone or six feet in the A-2 Zone. Open roof assemblies may be constructed over unenclosed entrances, porches and step/landing assemblies, provided that they conform to the width, depth and set back regulations as herein specified.
E. 
Building cantilevers may project no more than two feet into a required front or rear yard setback. Building cantilevers may project no more than two feet into the required side yard setback, but in no event closer than ten feet in the A-1 Zone or six feet in the A-2 Zone.
Chimneys and antennas extending from a roof may exceed the height limitations of this chapter by not more than 10 feet.
[Amended 2-14-1983 by Ord. No. 993]
Where a residential lot is bounded by more than one street, the setback from each street shall be determined as follows:
A. 
The owner or his or her agent shall determine which of the two or more intersecting streets adjoining the boundaries of his or her lot he or she intends to consider as his or her front, and he or she shall then conform to the requirements of this chapter in accordance with such election. Once such a determination and election has been made as to any lot as recorded on the records of the Borough and the principal building is constructed, such determination shall be deemed to be a final election and cannot thereafter be altered.
B. 
The setback on the side street shall be not less than 3/4 of the depth of the front yard as required, and in no case shall the setback from either street be less than 35 feet.
C. 
For additions to existing buildings, the side street setback requirements may be reduced to 20 feet in all instances where the proposed construction is limited to an addition of a second-story dormer or dormers to permit the use of the second story to the full limits of the exterior walls of the first floor if such exterior walls were extended upwards to the height of the second story.
Temporary permits may be authorized by the Board of Adjustment for a period not to exceed one year for all structures and uses incidental to construction projects on the same premises and including such uses as storage of building supplies and machinery or the assembly of building materials, except that the issuance of such permits shall be conditional upon agreement by the owner to remove any structure or structures erected thereunder and/or to discontinue such uses upon the expiration of the permit. Such permits may be renewed for additional periods of one year each upon application made to the Board of Adjustment for good cause shown. In no event, however, may temporary permits be renewed beyond a period of three years in the aggregate.
Where a nonresidential zone adjoins a residential zone, no exterior wall of a building or structure in the nonresidential zone located within a distance of 25 feet from the residential zone shall have an opening or loading or unloading facility, except for emergency doors.
The control and regulation of the uses of buildings and structures as herein provided shall equally apply to the nature and extent of the use of the land.
No property, article or material shall be kept, stored or displayed outside the confines of a building in other than the C-1, C-2, C-3 and D Districts, and then only if the same is so screened by legally erected fences or walls that it cannot be visible from an adjacent property or from an adjacent public street. In addition, such area devoted to outdoor storage shall not exceed the ground floor area of the principal building, and such storage area shall further be subject to the provisions of § 230-27.
[Amended 2-14-1983 by Ord. No. 993]
A. 
The yard requirements in each zone district and accessory building structure requirements under § 230-14 shall not apply to any fence, freestanding wall, arbor or trellis.
B. 
Except as herein otherwise indicated, fences and freestanding walls shall not exceed four feet in height. Nothing herein contained is intended to regulate fencing of tennis courts or fencing of screened parking areas, which shall continue to be controlled under § 230-14C and Article VI hereof, or swimming pools, which shall continue to be regulated under Chapter 196, Swimming Pools, § 196-4A(4) of the Code of the Borough of Glen Rock.
C. 
Whenever residential property abuts an existing commercial zone, a fence not to exceed six feet in height shall be permitted to be located by either property owner along the boundary line separating the residential zone from the commercial zone. A property owner may be further entitled to erect a fence to a height not to exceed six feet in such instances where a residential use abuts a nonconforming use, provided that such fence is located along the boundary line separating the residential use from the nonconforming use; and provided, further, that in all foregoing instances no such fence shall exceed four feet in height within any front yard or corner side yard.
D. 
For the purposes of this subsection, a "corner side yard" is defined as that space on the same lot with the principal building situated between the side line of the building and the side lot line extending from the front yard to the rear lot line.
E. 
Fence posts and gates may extend not more than six inches beyond the permitted height limits.
F. 
Where a fence or freestanding wall is erected on uneven ground, the height limit may be increased by not more than one foot at any point of depression.
G. 
A trellis or arbor constructed within six feet of a property line or within a front yard shall conform to the requirements for fences. The finished side of any fence, wall or trellis shall face toward the adjoining property, and all such fences, walls, arbors and trellises shall be maintained in accordance with the provisions of Chapter 162, Property Maintenance, Article II, General Standards, of this Code.
[Amended 2-14-1983 by Ord. No. 993]
A. 
On any corner lot within the triangular area determined as provided in this section, no fence, freestanding wall or other structure shall be erected to a height in excess of 2 1/2 feet above the crown of the road, and no vehicle, object or other obstruction of a height in excess of 2 1/2 feet shall be parked or placed, and no hedge, shrub or other growth shall be maintained at a height in excess of 2 1/2 feet, except that trees whose branches are trimmed away to a height at least seven feet above the road level shall be permitted. Such triangular area shall be determined by the center line of the cross street and the line of sight in both directions from a point 35 feet back from the intersection of the center lines of the approach and cross streets. As shown in Exhibit A,[1] the distance measured from the intersection for a secondary or interior cross street shall be 250 feet. As shown in Exhibit B,[2] the distance measured from the intersection for a county road or collector street shall be 400 feet.
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
[2]
Editor's Note: Exhibit B is included at the end of this chapter.
B. 
The following Borough streets are hereby declared as collector streets:
(1) 
Doremus Avenue.
(2) 
Cornwall Road.
(3) 
Main Street.
(4) 
Boulevard.
(5) 
Rutland Road.
(6) 
Hamilton Avenue.
(7) 
South Highwood Avenue.
(8) 
Gaynor Place.
(9) 
Thornbury Avenue.
(10) 
Radburn Road.
[Amended 2-14-1983 by Ord. No. 993]
A. 
In all cases where variances are granted from this chapter for one-family dwellings, the successful applicant shall be required to make application for a building permit to the Building Inspector in conformity with the terms of the variance as granted within six months from the effective date of the grant of variance. The applicant shall be further required thereafter to complete construction of the dwelling within one year following the issuance of the building permit. The Board of Adjustment or the Planning Board, whichever authority was the original grantor, shall be authorized to extend the six-month provision established hereunder for application for said building permit for good cause shown for additional periods of one year each. In no event, however, shall said extensions be renewed beyond a period of three years in the aggregate.
B. 
In all cases where variances are granted from the provisions of this chapter for commercial or industrial buildings requiring Planning Board approval before construction may be commenced, the successful applicant shall be required to make application for the Planning Board approval within six months from the effective date of the grant of the variance.
C. 
In the event that the applicant further obtains the requisite Planning Board approval, he or she shall thereafter be required to make application for a building permit to the Building Inspector in conformity with the terms of the variance as granted within one year from the effective date of the Planning Board approval. The applicant shall be further required thereafter to complete construction of the commercial or industrial building within one year following the issuance of the building permit. The Planning Board shall be authorized to extend the one-year provision established hereunder for application for the building permit for good cause shown for additional periods of one year each. In no event, however, may such extension be renewed beyond a period of three years in the aggregate.