The permitted, conditional and accessory uses are contained in Schedules I-A, I-B and I-C in § 205-40 of this chapter, and these schedules are hereby made a part of this chapter.
The Schedule of Lot, Bulk and Yard Requirements
is contained in Schedule II at the end of this chapter and is a part
hereof.
The zoning provisions of this chapter shall
be viewed as permissive. No use or structure shall be permitted in
the Borough which is not listed as a permitted, accessory or conditional
use or unless permitted by the Zoning Board of Adjustment.
Any commercial use, when abutting or adjacent to a residential district, shall be effectively screened in accordance with the provisions of § 205-88.
[Amended 2-9-2006 by Ord.
No. 1953]
In addition to meeting all other provisions
of this chapter relating to industrial districts, permitted and conditional
uses in the I-1 District shall also be subject to the following regulations:
A.
The side or rear yard setback requirements for accessory
buildings shall be waived in cases where the side or rear property
line abuts a railroad right-of-way or siding.
B.
No building, storage area, parking or loading area
or driveway shall be located within 50 feet from the boundary of a
residential zone. Ingress to and egress from each lot shall be provided
by not more than two driveways, each not less than 25 feet or more
than 35 feet in width. No driveways shall be located within 100 feet
of the street lot lines of two intersecting streets.
C.
Each use located in these zones shall provide off-street
parking and loading facilities on the same lot located other than
in the front yard.
[Amended 12-3-2002 by Ord. No. 1858; 8-5-2003 by Ord. No.
1887]
A.
In R-2 and R-3 Districts, conversions of a one-family
dwelling to a two-family dwelling are permitted, provided that:
(2)
There shall be provided at least 500 square feet of
habitable dwelling space in each dwelling unit.
(3)
All area, lot, yard and setback requirements are in
conformance with the district in which located.
(4)
There shall be at least one separate individual entrance
for each dwelling unit and at least one bathroom provided in each
dwelling unit.
B.
Nondwelling structures. No commercial, industrial or manufacturing structure, originally designed for other than residential use, shall be converted to a dwelling structure unless such structure is in a residential district and further provided that all provisions of Subsection A above are adhered to.
Cemetery uses are permitted in the C-2 District
and shall comply with all state and local regulations regarding the
same. In addition, the following regulations shall apply:
A.
No interment shall take place closer than 15 feet
to any street right-of-way line or 10 feet to any property line. In
the event a wider street right-of-way line is designated on the Official
Map of the Borough of North Arlington, said requirements shall be
deemed to be measured from the proposed realignment or widened alignment
as indicated on the Borough Official Map.
B.
All portions of said use shall be effectively screened from adjoining residential uses in accordance with § 205-88.
C.
All structures, including mausoleums, shall not exceed
a height of 16 feet, a width of 15 feet and a depth of 10 feet.
A.
No building or structure shall be erected and no existing
building or structure shall be moved, altered, added to or enlarged,
nor shall any land or building be designed, used or intended to be
used for any purpose or in any manner other than as specified among
the uses listed as permitted, accessory or conditional in the district
in which such building or land is located.
B.
No building or structure shall be erected, reconstructed
or structurally altered to exceed in height the limit designated in
the district in which such building or structure is located.
C.
No building or structure shall be erected, no existing
buildings or structures shall be altered, enlarged or rebuilt, nor
shall any open space surrounding any building be encroached upon or
reduced in any manner, except in conformity with the yard, lot area
and building location regulations hereinafter designated for the district
in which such building or open space is located.
D.
The area or dimension of any 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 shall not be further reduced.
A.
Every lot shall include front, side and rear yards
having the areas and dimensions required within the particular zone
in which said lot is located.
B.
No yard or other open space provided for any building
for the purpose of complying with the provisions of this chapter shall
be considered as providing a yard or other open space for any other
building on any other lot.
C.
No land in a residential zone shall be used to fulfill
open space, minimum area, minimum yard and setback requirements, parking
or other similar requirements for uses in nonresidential zones.
D.
Through lots. Where a lot which is not a corner lot
fronts on more than one street, every yard which abuts a street shall
be considered a front yard, and the front yard setback requirements
for the zone in which the lot is situated shall be complied with on
every street frontage. In the case of a lot running through from one
street to another, the frontage of such lot, for the purposes of this
chapter, shall be considered that frontage upon which the majority
of the buildings in the same block front, but in case there has been
no clearly defined frontage established, the owner may, when applying
for a building permit, specify on the permit application which lot
line shall be considered the front lot line.
A.
Projections and encroachments. Yards and courts required
by this chapter shall be free of buildings, structures or parts thereof,
and no building or structure shall project into any front, side or
rear yard required by this chapter, nor shall use be made of such
yard, except as follows:
(1)
An open front porch, including steps extending not
more than eight feet from the front line of the building, shall not
be construed as part of the building. In no instance shall an open
porch be located closer than 10 feet to a front lot line, and in no
case shall it extend farther than three feet beyond the majority of
houses on the street.
(2)
Window wells affording light and air to basement and
cellar areas.
(3)
Chimneys.
(4)
Driveways providing access to permitted garages or
parking areas; provided, however, that in residential zones driveways
used to provide access to private garages shall not be wider than
20 feet.
(5)
Fences and retaining walls.
(6)
Freestanding flagpoles, television and radio aerial
masts, children's playground equipment, outdoor fireplaces and clothes
dryers and posts.
(7)
Accessory buildings and uses, including swimming pools,
where specifically permitted.
(8)
Cornices, canopies, eaves, bay windows, balconies
and chimneys may project into yards a distance not exceeding two inches
per one foot of yard width.
(9)
Fire escapes may project into all yards a distance
not exceeding four feet six inches.
(10)
Patios, decks and other open-air structures
which are not glazed or enclosed in any way for weatherproofing purposes
may be located in side and rear yards, provided that they are not
closer than five feet to any property line.
(a)
A deck may be considered pervious as long as it is constructed in
a manner that permits stormwater to flow through to a material allowing
absorption of stormwater into the ground.
[Added 7-22-2010 by Ord.
No. 2053]
B.
Front yard exceptions.
(1)
In residence districts, no principal building shall
be nearer to the street right-of-way line than as is enumerated in
the particular zone district, except that where there is a pronounced
uniformity in alignment along the same side of the block of existing
buildings and in depth of front yards, the front yard may conform
to said majority, but in no instance shall be less than 15 feet.
(2)
Where any lot shall front a street right-of-way which
is proposed to be widened, as indicated on the Official Map of the
Borough of North Arlington, the front yard shall be measured from
such proposed future right-of-way line.
C.
Side yard exceptions.
(1)
Corner lots. 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 10 feet.
(2)
Commercial zone corner lots. Side yard requirements
for corner lots shall not apply in the C-1 and C-2 Commercial Districts.
D.
Rear yard exceptions. When, at the time of the adoption
of this chapter, there is a lot of less than 100 feet depth, the rear
yard may be reduced one foot for every two feet of deficiency from
the prescribed depth of the rear yard, provided that no part of any
rear yard shall be less than 20 feet in depth.[1]
[1]
Editor's Note: Original § 28-22.4,
Maximum building coverage, which immediately followed this section,
was repealed 3-5-2001 by Ord. No. 1805.
There shall not be more than one principal dwelling
structure and one accessory structure on each zone lot or parcel in
any district. Every principal building shall be built upon a lot with
the minimum required frontage upon an approved street which shall
be improved in accordance with the street standards established by
the Borough of North Arlington.
A.
No accessory building shall be constructed on any
lot on which there is not a principal building or structure.
B.
With respect to accessory buildings and uses, the
following requirements shall be complied with in all residential zones:
(1)
No accessory building, including detached garages,
shall be used for human habitation.
(2)
No accessory building shall have a floor or ground
area in excess of 1/3 of the floor or ground area, whichever is smaller,
of the principal building on the same lot.
(3)
The total of the floor or ground areas of all accessory
buildings, if more than one, shall not exceed 1/3 of the floor or
ground area, whichever is smaller, of the principal building on the
same lot.
(4)
No accessory building or structure shall exceed 15
feet or 1 1/2 stories in height.
(5)
No accessory building or structure shall be permitted
in any front yard.
(6)
Accessory buildings constructed between a principal
building and the required front yard setback shall be required to
meet the minimum side yard requirement for a principal building.
(7)
Accessory buildings built in a rear yard shall not
be closer than three feet from any side or rear property line of the
lot containing said accessory building; provided, however, that no
accessory building shall be located closer than 10 feet to said line
on any lot which has a rear lot line that serves as a side line of
an adjoining property.
(8)
No accessory building or structure shall be permitted
closer than 10 feet to a principal structure.
(9)
Any buildings or structures erected in conjunction with a swimming pool shall comply with the provisions of this Subsection B.
(10)
When an accessory structure is attached to the
principal building, it shall comply in all respects with the requirements
of this chapter applicable to the principal buildings.
(11)
No detached garage shall be used for purposes
other than vehicle storage unless the minimum required number of off-street
parking spaces are provided elsewhere on the property.
C.
The following requirements shall be complied with
in all nonresidential zones:
(1)
Except as specifically permitted elsewhere in this
chapter, no accessory building or structure shall exceed 15 feet or
be more than one story in height.
(2)
No accessory building or structure shall be permitted
in any front yard.
(3)
No accessory building shall be closer to the principal
building or any abutting rear yard property line than 10 feet.
(4)
Accessory buildings may be built within the side yard
if the distance from any such accessory building to the side line
of the lot on which it is constructed is equal to or greater than
the width of the side yard required from the principal building on
said lot.
A.
Outdoor storage of any kind is prohibited within the front yard, except as noted in Subsection D below.
B.
The outdoor storage of any items, materials and equipment,
other than those customarily placed in courtyards and yards incidental
to authorized residential use and occupancy, is prohibited in all
residential zones.
C.
In all nonresidential zones, the following regulations
shall apply:
(1)
Such uses shall not be located within 200 feet from
the nearest residential district.
(2)
Flammable and explosive liquid, solids and gases.
No highly flammable or explosive liquids, solids or gases shall be
stored in bulk above the ground. Tanks or drums of fuel directly connecting
with nonpermanent heating devices or appliances located on the same
premises as the tanks or drums of fuel are excluded from this provision.
(3)
Screening and setbacks. All outdoor storage facilities shall be enclosed by a fence or wall and screened with landscaping adequate to conceal such facilities and the contents thereof from any adjacent property or public street in conformance with § 205-88.
(4)
Deposit of wastes. No materials or wastes shall be
deposited on any premises in such form or manner that they may be
transferred off such premises by natural causes or forces.
(5)
Other hazardous materials. All materials or wastes
which might cause fumes or dust which constitute a fire hazard or
which may be edible by or otherwise be attractive to rodents or insects
shall be stored outdoors only in closed containers.
D.
Except as otherwise specifically required by this
chapter, the display of new and used motor vehicles as a permitted
use shall not be required to be screened by any planting or fence
and may be located in the required front yard.
E.
Outdoor storage of garbage trucks in any zone is specifically
prohibited.
A.
Residential districts.
|
Schedule I-A
Use Regulations
Residential Districts
| |||
|---|---|---|---|
|
PPU = Principal permitted use
CU = Conditional use
AU = Accessory use
| |||
|
Zone Districts
| |||
|
Uses
|
R-1
|
R-2
|
R-3
|
|
Community residences for developmentally disabled
|
PPU
|
PPU
|
PPU
|
|
Community shelters for victims of domestic violence
|
PPU
|
PPU
|
PPU
|
|
Family day-care homes
|
PPU
|
PPU
|
PPU
|
|
Houses of worship and schools
|
PPU
|
PPU
|
PPU
|
|
Detached one-family dwelling
|
PPU
|
PPU
|
PPU
|
|
Two-family dwellings
|
-
|
PPU
|
PPU
|
|
Semidetached one-family dwellings
|
-
|
PPU
|
PPU
|
|
Attached 1-family dwelling
|
-
|
PPU
|
PPU
|
|
Three- and four-family dwellings
|
-
|
-
|
PPU
|
|
Garden apartment dwellings
|
-
|
-
|
PPU
|
|
Home occupations
|
CU
|
CU
|
CU
|
|
Essential services
|
PPU
|
PPU
|
PPU
|
|
Customary accessory uses
|
AU
|
AU
|
AU
|
|
Signs
|
AU
|
AU
|
AU
|
|
Parking facilities to serve a principal permitted
use
|
AU
|
AU
|
AU
|
B.
Commercial districts.
|
Schedule I-B
Use Regulations
Commercial Districts
| |||
|---|---|---|---|
|
[Amended 8-5-2003 by Ord. No. 1886]
| |||
|
PPU = Principal permitted use
CU = Conditional use
AU = Accessory use
| |||
|
Zone Districts
| |||
|
Uses
|
C-1
|
C-2
|
C-3
|
|
Automatic car wash
|
-
|
CU
|
-
|
|
Banks and financial institutions
|
PPU
|
PPU
|
-
|
|
Cemeteries
|
-
|
PPU
| |
|
Child-care centers
|
PPU
|
PPU
|
PPU
|
|
Dwellings
|
PPU
|
PPU
|
-
|
|
Essential services
|
PPU
|
PPU
|
PPU
|
|
Funeral homes
|
PPU
|
-
|
-
|
|
Gasoline service stations
|
CU
|
CU
|
-
|
|
Home occupations
|
CU
|
CU
|
-
|
|
Hotel and motels
|
-
|
PPU
|
-
|
|
Houses of worship and schools
|
PPU
|
PPU
|
-
|
|
Nursing homes
|
-
|
PPU
|
-
|
|
Offices (professional, business and administrative)
|
PPU
|
PPU
|
-
|
|
Parking facilities
|
PPU
|
AU
|
-
|
|
Public and private garages
|
-
|
PPU
|
-
|
|
Research laboratories
|
-
|
PPU
|
-
|
|
Restaurants
|
PPU
|
PPU
|
-
|
|
Retail services
|
PPU
|
PPU
|
-
|
|
Retail trade
|
PPU
|
PPU
|
-
|
|
Theaters and indoor recreation facilities
|
PPU
|
PPU
|
-
|
|
Outdoor recreation facilities
|
-
|
CU
|
-
|
|
Customary accessory uses
|
AU
|
AU
|
AU
|
|
Parking facilities
|
AU
|
AU
|
AU
|
|
Signs
|
AU
|
AU
|
AU
|
C.
Industrial districts.
|
Schedule I-C
Use Regulations
Industrial Districts
| |
|---|---|
|
PPU = Principal permitted use
CU = Conditional use
AU = Accessory use
| |
|
Zone Districts
| |
|
Uses
|
I-1
|
|
Automobile sales
|
PPU
|
|
Automotive repairs
|
PPU
|
|
Banks and financial institutions, including
drive-in facilities
|
PPU
|
|
Business, administrative, executive and professional
offices
|
PPU
|
|
Child-care centers
|
PPU
|
|
Customary accessory uses
|
AU
|
|
Essential services
|
PPU
|
|
Hotels and motels
|
PPU
|
|
Houses of worship and schools
|
PPU
|
|
Industrial and manufacturing uses
|
PPU
|
|
Institutional and public uses
|
PPU
|
|
Parking
|
AU
|
|
Signs
|
AU
|
|
Warehouses
|
PPU
|
A.
Following the effective date of this chapter, the
establishment of any use not expressly permitted by this chapter shall
be prohibited.
B.
Notwithstanding the above, the following uses are
specifically prohibited in the Borough of North Arlington:
(1)
Fuel storage or distributing plants.
(2)
Drive-through restaurants.
(3)
Junkyards and open lots containing derelict, inoperable,
wrecked or damaged motor vehicles or equipment, including those partly
dismantled or disassembled or those awaiting or requiring extensive
repairs.
(4)
Stockyards, abattoirs, slaughterhouses or other animal
processing operations.
(5)
Manufacture or storage of gasoline, naphtha, benzene,
toluene, propane and other highly flammable or explosive gases or
liquids, corrosive acids, caustics or chemicals or any highly toxic
substances as a principal use and except as otherwise expressly permitted
in and by this chapter.
(6)
Sexually oriented businesses.
[Added 11-16-1998 by Ord. No. 1742]
(a)
Purpose. It is recognized and documented by
numerous expert studies and reports throughout the country that sexually
oriented businesses, because of their very nature, have serious objectionable
operational characteristics that result in a deleterious effect upon
adjacent areas. Special regulation of these uses is necessary to ensure
that these adverse effects will not contribute to the blighting or
downgrading of the surrounding neighborhoods.
(b)
No sexually oriented uses are permitted with
the boundaries of the Borough of North Arlington.
