[Added 9-6-2011 by Ord.
No. 11-16]
Exceptions to the requirements of this Part 4 are permitted
under the following terms and conditions:
A.
Height. The height limitations of this Part 4 shall not apply to
church spires; belfries; cupolas; chimneys; ventilators; skylights;
television and radio receiving and transmitting antennas or towers,
provided, however, that no antenna or tower shall exceed by more than
15 feet the height of the principal building upon the lot; water tanks,
bulkheads; and similar necessary appurtenances usually rising above
the roof level. Such structure and appurtenance shall in no event
have a height greater than is necessary to accomplish the purpose
it is designed to serve. Nothing herein shall prevent the erection
of a windowless parapet wall or ornamental cornice extending not more
than five feet above the maximum building height set forth in the
Schedule of Uses and Requirements.[1]
[1]
Editor's Note: The Schedule of Uses and Requirements is on file in the Borough offices and is included as an attachment to this chapter..
B.
Existing lots of record. Any lawfully created lot having an area
or dimension less than that prescribed for a lot in the district in
which such lot is located may nevertheless be used as a lot for any
purpose permitted in that district:
(1)
If all other regulations prescribed for that district are complied
with; if the owner of such parcel does not own any adjoining land;
and if the lot has not less than 75 feet in frontage or less than
7,500 square feet of area; or
(2)
If such lot was included in a subdivision plat which was either granted
final approval under the Municipal Planning Act of 1953 prior to the
effective date of this chapter or was granted tentative approval under
said Act prior to the effective date of this chapter and granted final
approval after the effective date of this chapter but within three
years from the date of such tentative approval, provided that the
final subdivision plat in either instance shall have been duly filed
in the Office of the County Clerk within the time required by law.
C.
In the R-1, R-2, R-3 and R-4 Zones, roofed and unroofed front porches,
entry platforms and/or associated stoops and steps shall be permitted
to encroach into the required front yard setback area a maximum of
eight feet. The area of the porch, platform, stoops or steps that
is permitted to encroach in the front yard setback area shall not
exceed 40 square feet. The roofed or unroofed front porch, entry platform
and/or associated steps must be attached to a one-family dwelling
that meets the required front yard setback. The eight-foot encroachment
shall only be permitted where the one-family dwelling meets the required
front yard setback for the zone in which it is located. Where such
an encroachment is proposed, the structure or improvement that is
projecting into the front yard setback area shall not have a width
in excess of 10 feet. The improvement that is encroaching into the
front yard setback area shall be a one-story structure. There shall
not be a story above the improvement or a basement or cellar beneath
it.
[Amended 12-13-1977 by Ord. 77-14; 7-10-1990 by Ord. No. 90-10]
Except as hereinafter provided, the following general regulations
shall apply in all districts:
A.
General. No building shall hereafter be erected and no existing building
shall be moved, structurally altered, rebuilt, added to or enlarged,
unless it shall conform to the requirements of this chapter. No land
shall be used for any purpose other than for a permitted use under
this chapter and in conformity with the requirements of the Schedule
of Uses and Requirements.[1] No yard or other required open space contiguous to any
building shall be encroached upon or reduced in any manner, except
in conformity to the setbacks, lot area, building location, percentage
of lot coverage, off-street parking space and all other regulations
designated in the said Schedule and this chapter for the district
in which it is located. Any unlawful encroachment or reduction shall
constitute a violation of this chapter, and any building permit, use
permit and any other permit granted therefor shall, upon determination
of such violation, be void.
[1]
Editor's Note: The Schedule of Uses and Requirements is on file in the Borough offices and is included as an attachment to this chapter.
B.
Frontage on public street. No building shall be built upon a lot that does not abut a street conforming to N.J.S.A. 40:55D-35 or a street the improvement of which has been insured by the posting of a performance guaranty pursuant to the provisions of Part 5 of this chapter.
C.
Principal building. No lot in any Residence District shall have erected
upon it more than one principal building. No yard or other required
parking or other open space provided about any building in any district
for the purpose of complying with the provisions of this chapter shall
be considered in determining compliance with the yard or open space
requirements hereof for any other building.
E.
Swimming pools. All swimming pools shall be enclosed in accordance
with the requirements and provisions of the applicable ordinances
of the Borough of Hillsdale relating to said subject.[3] No swimming pool shall be constructed other than as an
accessory use to a dwelling. No swimming pool shall be located nearer
than 10 feet to any rear lot line or side lot line or nearer to any
street line than the principal building to which it is an accessory.
The foregoing distances shall be measured from the pool water line
or any portion of the above the ground structure, whichever is nearest
the property line.
F.
Visual obstructions at intersections of streets. At the intersection
of two or more streets, no hedge, fence, wall or other obstruction
to vision (other than a single post or tree not exceeding one square
foot in cross-section) which is higher than four feet above curb level
shall be permitted in the area formed by the intersecting street lines
and a line joining points each 25 feet distant from said intersection
along said street lines.
G.
Conflict with master plan or official map. If a building lot has
frontage upon a street which on the master plan or official map of
the Borough of Hillsdale is proposed for right-of-way widening, the
required front setback shall be measured from such proposed right-of-way
line.
H.
Accessory structures and uses.
(1)
No detached accessory building shall be closer to any principal building
than a distance equal to the height of such accessory building, but
in no event closer than 10 feet to the principal building.
(2)
Except as otherwise herein provided, no accessory structure shall
exceed a height of 15 feet.
(3)
No accessory structure other than a conforming sign, flagpole or
fence shall be located in a required front yard.
(4)
Accessory structures and uses.
[Amended 5-5-2009 by Ord.
No. 09-09]
(a)
An accessory structure other than a fence may be located in
any required rear yard, provided that it is set back from all lot
lines a distance not less than the height of such structure; provided,
however, that in the case of a corner lot, it shall also conform.
(b)
Notwithstanding Subsection H(4)(a) above, in the R-3 and R-4 Zones only, any detached accessory structure with a maximum size of 100 square feet and a maximum height of eight feet may have a four-foot setback from the rear and side property lines. Any detached accessory structure that is larger in size than 100 square feet or has a height in excess of eight feet must meet the setback requirements contained in § 310-55H(4)(a).
(5)
Patios, unroofed porches and unroofed decks less than four feet above
finished grade which are less than 20% of the gross principle dwelling
area footprint may extend into required side and rear yards but not
closer than 10 feet to any lot line. Deck area shall include stairs.
The deck height shall exclude hand railings and guards.
[Amended 5-11-1999 by Ord. No. 99-11]
(6)
The floor area of all accessory buildings shall not exceed 10% of
the total gross floor area of the principal building on that lot,
except that a private garage may have a floor area not greater than
25% of the total gross floor area of the dwelling to which it is accessory.
(7)
The grade of any driveway shall not exceed 10% as measured from the
street line.
(8)
No accessory building in any district shall be used for residence
purposes.
[Amended 12-8-1998 by Ord. No. 98-21]
(9)
No accessory building to be constructed or used for the housing or
shelter of any animal other than a dog or cat shall be located within
250 feet of any lot or street line.
(10)
A tennis court, paddle ball, racquet ball or similar court shall
be permitted only as an accessory use to a dwelling on any lot, provided
that:
(a)
Such court shall not be located within a required front yard
nor within a required side yard abutting a street in the case of a
corner lot;
(b)
The paved surface of any court shall be located no closer than
10 feet to any lot line;
(c)
Any excavation, fill, retaining walls or paving of such court
shall require submission to the Borough Engineer of plans showing
finished grades and drainage for review and approval;
(d)
Any lighting of such court shall be arranged to prevent glare
on adjacent properties;
(e)
Any fence enclosing such court shall not be located within 15
feet of the dwelling on such lot.
(11)
Residential professional offices, defined as the office, studio
or occupational room of any licensed professional person such as a
physician, surgeon, dentist, architect, engineer, or lawyer engaged
in direct personal services, are permitted accessory uses in the R-4
Zone, provided there is compliance with the following:
[Added 8-13-2002 by Ord.
No. 02-09]
(a)
Such use is conducted entirely within a dwelling that is the
bona fide residence of the principal practitioner.
(b)
The use is ancillary to the main residential use of the premises.
(c)
The principal practitioner engages not more than one employee
on the premises.
(d)
Such use does not occupy more than 35% of the gross floor area
of the dwelling.
(e)
Impervious coverage shall not exceed 35% of the entire site.
(f)
There is no display of goods or advertising other than an identification
sign not to exceed 150 square inches.
(g)
There shall be no change to the exterior of buildings or structures
because of the use, and no outside appearance of a business use, including,
but not limited to, parking, storage, signs, or lighting.
(h)
The use operates no equipment or process that creates noise,
vibration, glare, fumes, odors, or electrical or electronic interference,
including interference with telephone, radio or television reception,
detectable by neighboring residents.
(i)
The use does not require any increased or enhanced electrical
or water supply.
(j)
The quantity and type of solid waste disposal is the same as
other residential uses in the zone district.
(k)
The property owner shall register the residential professional
office use with the Borough Building Department and pay a one-time
registration fee of $100.
(12)
Regulations as to Sheds. Garden Type Utility Sheds shall be
no greater than 120 square feet, and shall be located no closer than
three feet from any property line and shall comply with any relevant
fire codes.
[Added 9-4-2018 by Ord.
No. 18-09]
I.
Prohibited uses. Any use not specifically permitted in a district
established by this chapter is hereby specifically prohibited in that
district. Without limiting the generality of the foregoing prohibition
and by way of example of the uses intended to be prohibited, the following
uses are specifically prohibited in all districts in the Borough of
Hillsdale:
(1)
All signs not expressly related to the business being conducted on
the premises or otherwise specifically permitted by this Part 4.
(2)
Storage of boats, trailers, campers or motor homes in the front yard
of any lot that is situated in a Residential District or in the front
yard of any lot that is immediately adjacent to a Residential District.
In the case of a corner lot, all portions of the lot that lie between
the street lines and the nearest building lines of the principal building
on the lot shall, for the purpose of this section, be deemed front
yards.
(3)
Quarries or the removal from any lot of soil or mineral deposits
in any form other than as specifically permitted by any other ordinance.
(4)
The use of any building or premises in such a manner that the health,
morals, safety or welfare of the community may be endangered.
(5)
Auction markets.
(6)
Any use that has the character of or is similar to a carnival, circus,
bazaar, carousel, roller coaster, merry-go-round, Ferris wheel, pony
or train rides, midway, sideshow, miniature golf course and golf driving
range, concerts, exhibits and any show or performance or other place
of business where an amusement is provided and for which an entrance
fee is charged, except that such use may be permitted for a period
not to exceed one week when operated by and for the benefit of a public,
semipublic, civic, educational, charitable or religious organization.
[Amended 5-13-1997 by Ord. No. 97-8]
(7)
Drive-in restaurants.
(8)
Motels, cabins for hire or trailer or mobile home parks.
(9)
Outdoor storage or display of new or used motor vehicles, trailer
coaches or mobile homes, except as an accessory use to and in conjunction
with an authorized new car dealership.
(10)
Junkyards, automobile wrecking or disassembly yards or yards
for the sorting or baling of scrap metal, paper, rags or other scrap
or waste material.
(11)
Pool halls, bowling alleys or other establishments for the playing
of games of skill or chance, except that such uses may be permitted
for a period not to exceed one week when operated by and for the benefit
of a public, semipublic, civil, educational, charitable or religious
organization.
(12)
Commercial radio and television transmitting stations, closed-circuit
radio and television transmitting and receiving antennas and community
antenna systems.
(13)
Commercial car wash facilities.
(14)
Concrete manufacturing or mixing plants.
(15)
All classes of cannabis establishments or cannabis distributors
or cannabis delivery services as said terms are defined in Section
3 of P.L. 2021, c. 16, but not the delivery of cannabis items and
related supplies by a delivery service.
[Added 12-11-2018 by Ord.
No. 18-21; amended 6-14-2021 by Ord. No. 21-08]
(a)
For purposes of this subsection, "hookah lounges" and similar establishments
in which a primary use is the use of a shared smoking device shall
be considered a retail marijuana establishment regardless of whether
marijuana is used or consumed through such smoking device.
[Added 12-11-2018 by Ord.
No. 18-21]
J.
Temporary storage containers. Temporary storage containers are permitted as defined in § 310-4. Property owners and occupants of residential properties may apply for a permit to allow for storage containers on their properties in residential zones and/or on residential uses in nonresidential zones within the Borough of Hillsdale. Restrictions for the use and placement of storage containers are as follows:
[Added 10-7-2008 by Ord.
No. 08-13]
(1)
No person shall place upon any premises in the Borough a temporary
storage container unless a permit is acquired from the Borough Zoning
Officer.
(2)
Temporary storage containers are permitted in the R-1, R-2, R-3 and
R-4 Zone Districts, and on properties improved with a single-family
detached dwelling in the C/Commercial and I/Industrial Zone Districts.
(3)
No more than one temporary storage container shall be placed on an
individual lot at one time.
(4)
Temporary storage containers shall not exceed eight feet wide, 10
feet high, or 20 feet long.
(5)
The storage container shall be located on an existing paved driveway,
but when not placed on an existing driveway shall be located in the
rear or front yard of the lot but no closer than 10 feet to the front
lot line. In the event that the Zoning Official determines that it
is not reasonably possible to place the temporary storage container
at least 10 feet from the front lot line, the owner, with the approval
of the Zoning Official, may place the container in a paved driveway
closer than 10 feet to the lot line. The temporary storage container
shall not obstruct pedestrian or vehicular traffic flow, obstruct
sight distances and sight triangles at intersections of public streets,
or be located within the public right-of-way.
(6)
Temporary storage containers shall not be placed on a lot more than
180 days cumulatively within a twelve-month period. The start date
of the time period shall be the date of container delivery, which
must be provided on the permit application. The delivery ticket must
be supplied to the Zoning Officer upon request.
(7)
A temporary storage container permit shall expire 180 days from the
permit issuance date. Not less than 30 days prior to the expiration
of the one-hundred-eighty-day time period, if additional storage time
is required, the applicant must submit an informal application with
requisite fee to the Planning Board on forms provided by the Board
Secretary. The applicant shall make an informal presentation to the
Planning Board; thereafter, the Board shall provide the Zoning Officer
with guidance as to whether a permit time extension is warranted,
and the length of time for the extension, where appropriate.
(8)
Applications for temporary storage containers shall be in writing
on forms provided by the Borough and state the following:
(a)
Name and address of the owner of the property.
(b)
Name and address of the applicant.
(c)
Description of the temporary storage container, including size
and dimension of temporary storage container and zone district in
which the property is located.
(d)
A notarized statement indicating that the applicant understands
and agrees that the temporary storage container is temporary in nature
and the applicant understands and has read the ordinance regulating
same.
(e)
Applications shall be reviewed by the Zoning Officer for completeness
and thereafter shall issue said permit within seven calendar days
of filing.
(9)
The permit application and review fee shall be $50.
(10)
This Subsection may be enforced by the Borough of Hillsdale
Police Department, Zoning Officer, Construction Code Official, or
such other employee or department of the Borough as designated by
the Borough Administrator.
(11)
Any person, corporation and/or entity violating or neglecting to comply with any provision of this Subsection J shall be subject to a fine of up to $500. Each and every week such violation or noncompliance exists shall constitute a separate offense and an additional fine shall be imposed.
(12)
All ordinances or parts of ordinances inconsistent or in conflict with this Subsection J are hereby repealed as to said inconsistencies and conflicts.
