Borough of Park Ridge, NJ Supplementary Regulations Governing Certain Uses

Where two or more buildings are located on a site, they shall be separated by a yard area at least twice the average height of the two buildings or 40 feet, whichever is greater.

Community residences. Community residences for the developmentally disabled and community shelters for victims of domestic violence shall be a permitted use in all residential districts, subject to the following:

(1)

A community residence or shelter shall comply fully with all zoning and health regulations applicable to single-family residences in the zone district in which it is located.

(2)

A community residence or shelter may not be occupied by more than six residents, excluding resident staff.

Housing for the handicapped. Housing for the handicapped shall be permitted in the R-HH Zone, subject to all applicable zone district regulations and the following:

(1)

Recreational and sitting areas shall be provided in the amount of 200 square feet per dwelling unit.

(2)

Where two or more buildings are on a site, they shall be separated by a yard area which is at least twice the average height of the two buildings or 40 feet, whichever is greater.

(3)

All buildings and site design construction shall, minimally, be in accordance with regulations for physically handicapped persons as provided by law.

(4)

Each dwelling unit for handicapped persons shall be provided with two means of access.

Townhouses (R-T Zone).

(1)

Density. The maximum gross residential density for townhouse development shall be four dwelling units per acre.

(2)

Street and roadway setbacks. A minimum fifty-foot setback shall be provided from any external street right-of-way or from any major street as part of any overall circulation plan adopted by the Planning Board or Official Map adopted by the governing body. A thirty-foot setback shall be provided from any internal roadway or driveway to any building.

(3)

Buffer area.

(a)

A minimum buffer area of at least 100 feet shall be provided from all external lot lines, except that portion which fronts upon an external street. Such buffer area shall be kept in its natural state where wooded, and when natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as determined by the approving authority.

(b)

Notwithstanding the general standards set forth herein, the approving authority, upon specific findings or particular circumstances relating to configuration, natural vegetation or the lack of the same, soil conditions, drainage or other similar site characteristics or where said proposed development is compatible with existing development, may increase the required buffer area to 150 feet or may permit the reduction of said buffer area to 75 feet.

(c)

No principal or accessory use or structure, including, without limitation, off-street parking and loading areas, shall be permitted within the required buffer area; but the approving authority may, upon a finding of reasons thereof, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property.

(d)

Required buffer areas shall be included for the purposes of computing compliance with open space requirements and may be conveyed to unit owners as part of common elements, but in no case shall a buffer area be utilized for any active recreational use.

(4)

Individual area, yard and bulk controls. In the event that the townhouse development involves the conveyance of a fee interest, not only for the individual dwelling unit but also for a portion of a townhouse lot, each individual unit ownership shall meet the following standards:

(a)

Minimum lot area: 3,000 square feet.

(b)

Minimum lot width: 30 feet.

(c)

Minimum front yard: 30 feet.

(d)

Minimum side yards: None required, but where provided, there shall be a minimum of 40 feet or that which is prescribed by Subsection D(5) below, whichever is greater.

(e)

Minimum rear yard: 30 feet.

(f)

Maximum lot coverage: 40%.

[Amended 12-26-1991 by Ord. No. 91-18]

(g)

Maximum improved lot coverage: 60%.

(5)

Distance between buildings. The minimum distance between any two buildings, other than buildings containing common walls and used as townhouses, shall be no less than 40 feet or as computed, in feet, under the following formula, whichever is greater:

(La + Lb) + 2 (Ha + Hb)


S	=	The required minimum horizontal distance between any wall of Building A, at any given level, and any wall of Building B, at any given level, or the vertical prolongation of either.
La	=	The total length of Building A. Building A shall be that structure which is equal to or the greater in length of the two buildings selected.
Lb	=	The total length of Building B.
Ha	=	The height of Building A. The height of Building A is the average height above the finished grade to the nearest wall or walls facing Building B.
Hb	=	The height of Building B. The height of Building B is the average height above the finished grade of the nearest wall or walls facing Building A.

(6)

Design limitations.

(a)

Individual townhouse units may be combined into one building, provided that said overall structure shall not contain more than four townhouse units. No such group of townhouses shall exceed a length of 120 feet.

(b)

No more than two adjacent townhouse units shall be constructed without providing a staggered front building wall offset of not less than five feet.

(c)

No rear yard shall be adjacent to any front yard.

(d)

Each townhouse shall not have less than two means of ingress and egress into each dwelling unit.

(e)

Each townhouse shall have no less than two walls with window exposure.

(f)

Overall design, both as to architectural features and construction materials, shall be subject to review by the approving authority in order to avoid excessive similarity or dissimilarity and to preserve property values within the development and for adjacent developments.

(g)

Electric, gas and telephone service shall be provided as part of an underground system.

(7)

Open space.

(a)

Required amount. Each townhouse development shall contain a minimum of 25% of its total land area in open space.

(b)

Computation. Required open space may include common recreation areas and required buffer areas for computation purposes, as well as other permitted open space functions as defined herein, provided that recreational or sitting areas shall be provided in the amount of no less than 300 square feet per dwelling unit.

(8)

Off-street parking requirements.

(a)

There shall be at least two off-street parking spaces in the townhouse development allocated for each dwelling unit, exclusive of private driveway space. At least one of these parking spaces shall be provided in a one-car enclosed garage attached to the dwelling unit.

(b)

No detached garages on individual lots or in the common space shall be permitted, and any attached garage shall conform architecturally to the townhouse unit to which it is accessory and shall adhere to the yard requirements set forth for the principal building.

(c)

Additional parking may be required by the approving authority to service accessory buildings and uses.

(9)

Ownership restrictions. All townhouse developments shall provide easements, deed restrictions or other devices, as required by the approving authority and approved by the attorney for the approving authority, so as to ensure, preserve and protect buffer areas, common open spaces and the overall use of the development consistent with the purposes set forth in this chapter.

Multifamily, garden apartments and townhouses (GA Zones).

(1)

Density.

[Amended 4-12-2011 by Ord. No. 2011-011]

(a)

A maximum density of 18 dwelling units per acre shall be permitted for applications in the GA-1 Zone that set aside 10% of the total number of dwelling units for low- to moderate-income households.

(b)

All development applications in the GA-1 Zone not providing a set-aside for low- to moderate-income units shall have a maximum density of 12 dwelling units per acre.

(c)

A maximum density of 20 dwelling units per acre shall be permitted in the GA-2 Zone.

(2)

Buffer area.

(a)

A minimum twenty-five-foot buffer shall be provided from all external lot lines, except that portion which fronts on an external street. Such buffer shall be kept in its natural state where wooded, and when its natural vegetation is sparse or nonexistent, the landowner may be required to provide a year-round visual screen as determined by the approving authority.

(b)

(c)

(3)

Area, yard and bulk requirements.

(a)

The area, yard and bulk requirements applicable to permitted uses are as set forth in the Schedule of Area, Yard and Bulk Requirements.[1]

[1]

Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included at the end of this chapter.

(b)

Yards between buildings. The following minimum yards between buildings shall be provided:

[1]

Front-to-front units: 60 feet.

[2]

Back-to-back units: 60 feet.

[3]

Front-to-back units: 60 feet.

[4]

Front-to-side units: 45 feet.

[5]

Side-to-side units: 30 feet.

[6]

Side-to-back units: 30 feet.

(c)

Buildings shall not exceed 160 feet in length.

(d)

Each residential development shall contain a minimum of 25% of its total land area in open space.

(e)

A maximum building coverage of 20% shall be permitted in the GA-1 Zone for those applications that set aside 10% of the total number of dwelling units for low- to moderate-income households. All development applications not providing a set-aside for low- to moderate-income units shall have a maximum building coverage of 18% in accordance with the Schedule of Area, Yard and Bulk Requirements as it appears at the end of this chapter.

[Added 4-12-2011 by Ord. No. 2011-011]

(4)

Recreation space. Recreation and sitting areas shall be provided at a ratio of 200 square feet per dwelling unit.

(5)

In order to qualify for the density bonus permitted in § 101-20E(1)(a) and the coverage bonus permitted in § 101-20E(3)(e) for the GA-1 Zone, the units set aside for low- to moderate-income households must qualify as deed-restricted units in accordance with state regulations, and the Borough must be able to receive credits for such units towards its affordable housing obligation.

[Added 4-12-2011 by Ord. No. 2011-011]

(Reserved)[2]

[2]

Editor's Note: Original Subsection F, Multifamily dwellings above commercial uses (CH Zone), was repealed 4-26-2011 by Ord. No. 2011-015.

Child-care facilities. Applications for child-care centers as a permitted principal use shall comply with the following:

[Added 12-26-1991 by Ord. No. 91-18]

(1)

Area and bulk regulations:

[Amended 4-26-2011 by Ord. No. 2011-015]

	District
Regulation	ORL	B-1, B-2
Minimum lot area (square feet)	60,000	40,000
Minimum lot width (feet)	150	150
Minimum lot depth (feet)	200	150
Minimum front yard (feet)	50	20*
Minimum side yards (feet)	25	25
Minimum rear yards (feet)	50	50
Maximum building coverage	25%	30%
Maximum impervious coverage	60%	65%
Maximum building height (stories/feet)	2/30	2/30

	NOTE:
	* Twenty feet in B-1; 50 feet in B-2 Zone.

(2)

A minimum of 150 square feet of outdoor play area shall be provided for the first five children, plus an additional 30 square feet of play area per child at peak usage.

[Amended 7-11-2000 by Ord. No. 2000-8]

(3)

One off-street parking space shall be provided for every five children, plus an additional space shall be provided for each staff member on site at peak hour.

[Amended 7-11-2000 by Ord. No. 2000-8]

(4)

Such facility shall comply with all applicable governmental requirements and shall be licensed by the New Jersey Department of Human Services.

(5)

A child-care facility may be permitted to occupy an entire building or a portion of an existing building which is partially occupied by other uses, irrespective of any other ordinance limitations on the number of principal permitted uses allowed on a lot.

Construction in planned unit development.

[Added 9-14-1993 by Ord. No. 93-13]

(1)

Whenever any owner of a residential unit which is physically attached to another residential unit and which is part of a townhouse or similar development, which development was constructed pursuant to a site plan approved by the Planning Board, wishes to undertake construction activities which, when completed, will result in a deviation from the approved site plan, the procedures set forth below shall be followed.

(2)

The owner shall submit an application for a building permit to the Borough's Construction Official. In addition to whatever else may be required to be submitted with such an application, the application shall include:

(a)

A plan or plans showing the location of structures, as contemplated by the approved site plan and the proposed deviations from the approved site plan.

(b)

Consent to the application from any owner of property on which the proposed construction is located, if different from the applicant, and from the condominium or homeowners' association, if the proposed construction is located on common or limited common elements as defined in the relevant master deed or similar document.

(c)

Any additional application or escrow fees, as prescribed by the Planning Board, with the consent of the Mayor and Council.

(3)

The Construction Official shall forthwith deliver a copy of the application and all supporting documentation to the Secretary of the Planning Board.

(4)

Action by Planning Board.

(a)

The Planning Board, no later than at its next regularly scheduled meeting after receipt by the Secretary of the Board of a properly and fully completed application (provided the application has been received by the Secretary of the Planning Board at least five days before the next regularly scheduled meeting), shall take the following action:

[1]

Determine, by motion, that the application does not require a formal hearing before the Planning Board and so inform the Construction Official;

[2]

Determine, by motion, that the application does require a formal hearing before the Planning Board and so inform the Construction Official; or

[3]

Determine, by motion, that some other action is required and so inform the Construction Official.

(b)

If the Planning Board fails to take any action within the time period set forth above, the Secretary of the Planning Board shall return the application to the Construction Official with a notation that the Planning Board has taken no action, and the Construction Official shall thereafter process the application on the basis that no action is required by the Planning Board.

(5)

In deciding whether a formal hearing shall be required, the Planning Board shall determine whether the proposed construction activities will result in a substantial deviation from the approved site plan, taking into consideration the following:

(a)

Adverse effect upon stormwater drainage or sewerage lines.

(b)

Adverse effect upon other residential units within or without the development.

(c)

Ability of emergency vehicles to access the development.

(d)

Failure to comply with zoning and building requirements.

(6)

The Construction Official shall not approve the application until notice has been received from the Secretary of the Planning Board, as provided above.

Continuing-care facilities. Continuing-care facilities with permitted accessory uses customarily associated with those facilities or elderly housing facilities shall be permitted in the B-2 Zone subject to the following requirements:

[Added 8-8-1995 by Ord. No. 95-12]

(1)

Area and bulk requirements:

	Requirement	District B-2
	Minimum lot area (acres)	4.0
	Minimum lot depth (feet)	300
	Minimum front yard (feet)	50
	Minimum side yard (feet)	25
	Minimum rear yard (feet)	35
	Maximum building coverage	30%
	Maximum impervious coverage	65%
	Maximum density (du/acre)	15
	Minimum buffer width (feet)	10
	Minimum distance between buildings (feet)	35
	Maximum height (stories/feet)	3/40

(2)

Density for purposes of compliance with this chapter shall be calculated as 0.5 for each assisted living unit bed and 0.25 per nursing home unit bed.

(3)

Permitted accessory uses for continuing-care facilities shall include those uses which are customarily associated with elderly housing facilities such as personal and recreational services and small gift and necessity shops solely for use of the elderly housing community or their visitors.

Outdoor cafes.

[Added 7-11-2006 by Ord. No. 2006-11]

(1)

Outdoor cafes shall be permitted to be located on the public right-of-way or on private property in commercial districts only where restaurants are a principal permitted use or identified as a permitted conditional use.

(2)

Outdoor cafes shall only be permitted as an accessory use located on the same lot as the principal permitted restaurant use.

(3)

The area devoted to outdoor dining areas shall not exceed 15% of the restaurant's dining area.

(4)

Location and design.

(a)

Outdoor dining areas shall only be located on the public right-of-way or on private property, side yard, rear yard or front yard within the permitted building area immediately adjacent to the building.

(b)

The operation of an outdoor cafe shall be located such that there is 24 inches of clear and unobstructed passageway between the tables, chairs, barriers, street trees, bike racks, lampposts, sign posts and the other fixtures or obstructions.

[Amended 12-23-2008 by Ord. No. 2008-16]

(c)

Outdoor dining must be located six feet away from any driveway or parking area, except on-street parking.

[Amended 12-23-2008 by Ord. No. 2008-16]

(d)

Outdoor dining must be set back from the curbline of a street intersection five feet and must maintain motorist site distance identified in § 87-43C(4) of the Borough of Park Ridge Code.

[Amended 12-23-2008 by Ord. No. 2008-16]

(e)

(Reserved)[3]

[3]

Editor's Note: Original Subsection J(4)(e), regarding the number of tables used for outdoor dining, was repealed 3-24-2009 by Ord. No. 2009-08.

(f)

Alcohol is only to be served in conjunction with food service and in compliance with Chapter 75, Licensing, Article III, Outdoor Cafes.

(5)

Cleaning of areas. Each licensee is responsible for keeping the area of the outdoor café and the adjacent walks and streets free and clear of any debris or litter occasioned by the café. Tables must be bussed and reset immediately upon departure of the patron. Areas must be cleaned as needed and at the time that business closes and at the beginning of each business day, but not later than 9:00 a.m.

(6)

Lighting. All lighting must be directed towards the cafe area and shall comply with § 87-45A(1) of the Borough of Park Ridge Code. All lighting associated with a café, if approved, shall be permitted for a two-month trial period, wherein the Borough reserves the right to inspect the installed lighting and request modifications if necessary. After the trial period is over and the Borough has inspected the installed lighting, it may stay in place as long as the café is in operation.

(7)

Noise generation. Amplified music and live entertainment is not permitted in outdoor dining areas.

(8)

Screening. A screen visually separating adjacent private property from the proposed outdoor dining area must be provided. The screening may include landscaping, retaining walls, and/or fencing materials or any combination thereof.

(9)

Buffers. All outdoor cafes must be 50 feet from the property line of a residential property. The reviewing agency may require a buffer, which may include a staggered row of evergreen plantings, supplemented by additional ornamental and deciduous plant material.

(10)

Umbrellas, awnings, canopies, and heating units. All umbrellas, awnings, canopies, and heating units are not permitted in outdoor café areas.

(11)

(Reserved)[4]

[4]

Editor's Note: Original Subsection J(11), Parking requirements, was repealed 3-24-2009 by Ord. No. 2009-08.

(12)

Tables, chairs, umbrellas, etc. Tables and chairs must be either wood or metal. No plastic is allowed. Umbrellas must be plain in color with no advertisements. The style of the outdoor furniture should be consistent with the architecture of the building and the furniture and lighting fixtures in the downtown area.

[Added 12-23-2008 by Ord. No. 2008-16]

(13)

Indemnification of Borough. No license required by this chapter shall be granted to any person to operate an outdoor café until such person shall have filed with the Construction Code Official a statement agreeing to indemnify and hold harmless the Borough of Park Ridge, its agents, servants, representatives or employees from any or all claims, damages, judgment costs or expenses, including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor cafe for which the license is issued.

[Added 12-23-2008 by Ord. No. 2008-16]

(14)

Insurance requirements.

[Added 12-23-2008 by Ord. No. 2008-16]

(a)

No license required by this chapter shall be granted to any person to operate an outdoor cafe until such person shall have first filed with the Construction Code Official a comprehensive general liability policy issued to such person by a public liability insurance company authorized to do business in the State of New Jersey affording the coverage set forth below in the amounts specified. Such insurance policy shall name the Borough of Park Ridge, 55 Park Avenue, Park Ridge, New Jersey 07656, its agents, officers, servants, representatives and employees as additional insured with respect to the operation and maintenance of the outdoor café in the following amounts:

Liability		Amount of Coverage
Bodily injury
	Each person	$300,000
	Each accident	$1,000,000
Property damage
	Each person	$300,000
	Each accident	$1,000,000

(b)

The insurance coverage required by this section shall at all times be maintained for the full amount. The policy of insurance required by this section shall be filed with the Construction Code Official and contain a clause obligating the company issuing the policy to give not less than 30 days' written notice to the Borough Clerk before cancellation or amendments of any of the terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability or claim arising before the cancellation became effective. The cancellation of any such policy shall have the immediate effect of suspending the license of such person to operate the outdoor cafe covered thereby until a new policy complying with the provisions of this section is filed with the Construction Code Official and a letter, in writing, confirming the new effective date of the license is issued by the Construction Code Official.

(c)

Every insurance policy required hereunder shall contain a provision for continuing liability thereunder to the full amount thereof, notwithstanding any recovery therein, that the liability of the insured shall not be affected by the insolvency or the bankruptcy of the insured, and that until the policy is canceled the insurance company will not be relieved from liability on account of nonpayment of such premium or of any act of omission by the named insured. Such policy of insurance shall be further conditioned for the payment of any and all judgments up to the limits of such policy.

Veterinary hospitals. Veterinary hospitals shall be a permitted use in the NB Neighborhood Business Zone District, subject to the following:

[Added 5-25-2010 by Ord. No. 2010-17]

(1)

Veterinary hospitals shall be permitted to offer overnight stay for animals, provided that such boarding activities are incidental to the hospital use and do not include the boarding of animals outdoors. In no event shall animal boarding, kennels or shelters, as defined at § 101-4, be permitted in the NB Neighborhood Business Zone District.

(2)

Retail sales shall be permitted as an accessory use to veterinary hospitals, provided that such use shall not occupy more than 20% of the total gross floor area of the hospital.

§ 101-21 Regulations governing certain accessory structures and uses.

Accessory structures and uses in residential districts.

(1)

Accessory structures or uses shall not be located in the required front yard or within the front half of the side yard of any residential zone and may be erected anywhere within the required rear yard, except as provided herein:

(a)

In all residential zones, no accessory structure or use shall be located within five feet of a side or rear property line, except as provided: patios shall require a ten-foot setback; hot tubs, whether permanent or portable, shall require a twenty-foot setback; detached garages shall require a twenty-foot setback; accessory structures other than patios, decks, hot tubs or detached garages which are greater than 150 square feet in area but no larger than 325 square feet in area shall be set back minimally 10 feet from side and rear property lines, and such structures which are greater than 325 square feet in area shall be set back minimally 20 feet from side and rear property lines; and decks require a twenty-foot setback.

[Amended 12-26-1991 by Ord. No. 91-18; 8-8-1995 by Ord. No. 95-12; 7-11-2000 by Ord. No. 2000-8]

(b)

Accessory structures shall be set back minimally 10 feet from the principal building.

[Amended 12-26-1991 by Ord. No. 91-18]

(c)

Light posts, mailboxes, fences, signs and retaining walls shall be permitted within the required front yard of any residential use. Off-street parking is also permitted in a front yard, restricted to the driveway area.

(d)

Additionally, the regulations provided elsewhere in this chapter, as outlined in Article V herein, shall also apply.

(e)

The height of an accessory structure shall be measured by the same method required for a principal building.

[Added 7-11-2000 by Ord. No. 2000-8]

(2)

Every accessory structure or use in a residential zone, except for a three-car garage, shall not exceed a height of 12 feet or 1 1/2 stories. Three-car garages shall be allowed a height of 14 feet or 1 1/2 stories. The exceptions that are provided in § 101-17 are still maintained.

[Amended 8-8-1995 by Ord. No. 95-12]

(3)

(Reserved)[1]

[1]

Editor's Note: Original Subsection A(3), regarding the rear-yard area occupied by an accessory structure or use, was repealed 4-12-2011 by Ord. No. 2011-010.

(4)

When an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.

(5)

In the case of a through lot, no accessory structure or use shall encroach upon that fourth of the lot depth nearest each street upon which the lot has frontage.

(6)

No accessory structure shall be used for human habitation.

[Amended 12-26-1991 by Ord. No. 91-18]

(7)

Sheds and similar storage structures shall not be greater than 150 square feet.

[Added 7-11-2000 by Ord. No. 2000-8; amended 5-28-2002 by Ord. No. 2002-8]

(8)

Accessory equipment shall be located on the lot in accordance with the following regulations:

[Added 10-14-2003 by Ord. No. 2003-9]

(a)

The closest portion of a heating, ventilation and air-conditioning unit shall be located at a maximum of five feet from the principal structure.

(b)

All accessory equipment, including pool equipment, must be located at a minimum of 15 feet from all property lines.

(9)

In addition to the above-noted regulations, accessory equipment must be screened if one of the following characteristics applies to the proposed equipment:

[Added 10-14-2003 by Ord. No. 2003-9]

(a)

It can be seen from the street; or

(b)

It is located in a side yard.

(10)

The screening required above must be either evergreen plantings that match the height of the equipment proposed or a board on board fencing at least four feet in height.

[Added 10-14-2003 by Ord. No. 2003-9]

(11)

Retaining walls shall be designed in accordance with the following:

[Added 3-11-2008 by Ord. No. 2008-02]

(a)

Retaining walls shall not exceed four feet in height.

(b)

If additional height is necessary, the wall must be tiered, with each tier not exceeding the four foot height limit and set back a minimum of six feet from the adjacent tier.

(c)

All walls must be set back off the property line a minimum of eight feet in the R-10 Zone District and a minimum of 10 feet in all other residential districts.

(d)

Retaining walls shall be set back a minimum of six feet from the principal building except where the retaining wall extends perpendicular to that principal building.

Accessory structures and uses in nonresidential districts.

(1)

Accessory structures or uses shall not be located in the required front yard of a nonresidential zone, except that off-street parking spaces shall be permitted, but in no case shall said parking lot or portion thereof be permitted closer than 30 feet from the street line.

(2)

Accessory structures or uses shall not be located within eight feet of a side or rear lot line. Accessory structures shall be minimally 15 feet from the principal building.

(3)

Additionally, the regulations provided elsewhere in this chapter, as outlined in Article V herein, shall also apply.

(4)

No off-street loading area or loading facility shall be permitted in a front yard.

(5)

No accessory structure or use in a nonresidential zone shall exceed a height of 15 feet or 1 1/2 stories, except as provided in § 101-17.

(6)

In any nonresidential zone, when an accessory structure or use is attached to the principal building, it shall comply in all respects with the requirements of this chapter applicable to the principal building or use.

(7)

No accessory structure or use shall occupy an area greater than 15% of the area of the rear yard.

[Amended 12-26-1991 by Ord. No. 91-18]

(8)

The height of an accessory structure shall be measured by the same method required for a principal building.

[Added 7-11-2000 by Ord. No. 2000-8]

Private garages in residential zones. Private garages shall be permitted as accessory uses in all residential zones, either as detached structures or as part of the main building, for the storage of no more than three automobiles which shall be owned by the occupants of the main building. Not more than one commercial vehicle which shall not exceed 6,000 pounds in gross weight shall be stored in said garage. Detached garages for single-family dwellings, which exist as of June 1, 2000, are permitted. However, after July 1, 2000, no new detached garage may exceed 450 square feet in area and be designed to accommodate two vehicles.

[Amended 7-11-2000 by Ord. No. 2000-8]

Swimming pools and tennis courts.

(1)

Swimming pools and tennis courts shall not be located within 20 feet of a property line nor closer to a street line than the rear wall of the dwelling to which they are accessory uses.

(2)

Swimming pools shall be subject to Chapter 88, Swimming Pools.

[Amended 12-26-1991 by Ord. No. 91-18]

(3)

Swimming pools and tennis courts shall be suitably fenced in accordance with the Borough requirements as set forth in Subsection E below and the following: The inner face of the side of all such swimming pools shall not be located less than 20 feet from any and all property lines, and any paved surfaces around the pool shall not be located less than 15 feet from all property lines. The area within the fifteen-foot setback shall be appropriately landscaped to serve as a buffer and visual screen. No part of the pool shall be nearer to any street line than the rear wall of the main building which is located nearest to the street nor closer to the rear or side wall than the maximum depth of the pool.

[Amended 12-26-1991 by Ord. No. 91-18; 8-8-1995 by Ord. No. 95-12]

Fences and walls.

(1)

No fence or wall shall be erected, altered or constructed in any residential zone which shall exceed six feet in height above ground level, except that no fence exceeding four feet in height shall be permitted in the front yard.

(2)

No fence or wall shall be erected, altered or constructed in any nonresidential zone which shall exceed eight feet in height above ground level.

(3)

Notwithstanding the above provisions, if it is demonstrated that a retaining wall of a height greater than that set forth in Subsection E(1) and (2) above is necessary, said retaining wall shall be terraced to enable suitable plantings to be installed along the retaining wall.

(4)

Notwithstanding the above provisions, no fence or wall shall be erected, altered or constructed in any zone which shall violate the provisions set forth in Chapter 82, Sight Distance at Intersections, or the provisions of § 101-15 herein regarding sight triangles.

[Amended 12-26-1991 by Ord. No. 91-18]

(5)

Fences surrounding the perimeter of tennis courts shall be exempt from the above fencing requirements. Said fence shall not exceed 12 feet in height above ground level and shall not be closer than 15 feet to any side or rear property line nor be located in any required front yard.

(6)

The finished side of a fence shall face the adjoining properties.

Signs. Signs shall be regulated in accordance with Article X, Signs.

[Amended 12-26-1991 by Ord. No. 91-18]

Office of a resident professional.

(1)

An office of a resident professional shall not exceed 30% of the floor area of the building in which it is located.

(2)

An office of a resident professional shall have a maximum of two employees and one professional and shall provide four parking spaces in a double-width driveway.

(3)

An office of a resident professional shall be permitted on all principal roadways as identified in the Borough Land Use Plan.[2] Principal roadways are identified as Kinderkamack Road, Grand Avenue, Broadway, Pascack Road, Spring Valley Road, Ridge Avenue, Fremont Avenue, Park Avenue and Prospect Avenue.

[2]

Editor's Note: The Borough Land Use Plan is on file in the Borough offices.

Child-care center facilities. Application for a child-care center as a permitted accessory use shall comply with the following:

[Added 12-26-1991 by Ord. No. 91-18; amended 4-26-2011 by Ord. No. 2011-015]

(1)

A child-care center shall be permitted to occupy as an accessory use a portion of a building which is occupied as a principal permitted use in the ORL, B-1, and B-2 Zones. This use shall be available to the occupants of the building and may also be available to others, provided that:

(a)

The facility is licensed by the New Jersey Department of Human Services.

(b)

A minimum of 150 square feet of outdoor play area per child shall be provided. Play areas shall be permitted in the rear and side yards only and shall be enclosed by a fence at least four feet in height and landscaped and screened from adjoining properties.

(c)

The area and bulk requirements applicable to the zone in which the site is located shall be complied with.

(d)

No more than 15% of a building shall be occupied as a day-care center.

(e)

No additional parking shall be required where a child-care facility is available solely to the occupants of the building. A minimum of one parking space shall be provided for every 10 children for which the center is designed, where the center is to be open to individuals not working in the building.

Temporary storage containers.

[Added 7-10-2007 by Ord. No. 2007-15]

(1)

Definition. "Temporary storage container" shall mean a container designed for the outdoor storage of personal property for temporary use, delivered and removed by vehicle.

(2)

Temporary storage container use provisions.

(a)

Location. Temporary storage containers shall be placed only in the driveway, allotted parking spaces, or on property such that they are not located in the right-of-way and do not obstruct the sidewalk. The following provisions shall also apply:

[1]

No temporary storage container shall be located within five feet of a property line.

[2]

Temporary storage containers shall be set back minimally 15 feet from the principal building.

[3]

No temporary storage container or containers shall occupy an area greater than 10% of the area of the front, side, or rear yard in which it is located.

[4]

The applicant shall utilize existing buffers when determining the location for a temporary storage container in order to screen the container from adjoining properties.

[5]

Temporary storage containers shall not obstruct circulation for vehicles, particularly emergency vehicles.

[6]

Temporary storage containers shall not be placed in an area that would reduce parking to a level inconsistent with the Borough ordinance and the Residential Site Improvement Standards (RSIS).

[7]

All temporary storage containers must have a container permit as required by Chapter 75, Licensing.

(b)

Size. A temporary storage container shall not be larger than 150 square feet in area and no higher than 10 feet from grade.

(c)

Use.

[1]

The use of any temporary storage container shall be confined to the property owner whose land the container is placed upon.

[2]

The containers are intended to store common household items.

[3]

The following items are expressly prohibited from being stored or kept within a temporary storage container:

[a]

Hazardous substances, including chemical, flammable or explosive materials;

[b]

Trash.

[4]

In addition, temporary storage containers shall not be used for temporary habitation of humans or animals.

(d)

Signage for any temporary storage container shall comply with the following:

[1]

A temporary storage container shall have no signage other than the name, address, and telephone number of the person or firm engaged in the business of renting or otherwise placing the temporary storage container.

[2]

The sign must be permanently adhered to or painted on the temporary storage container.

[3]

A temporary storage container shall have no more than one sign attached to a side, and no more than two signs total.

[4]

A sign attached to a temporary storage container shall be no larger than 15% of the area of the side it is attached to.

(e)

Lighting. There shall be no lighting fixtures attached to a temporary storage container, nor shall any lighting fixture be solely utilized to light a container.

(f)

Maintenance.

[1]

Any temporary storage container shall be in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing, or other holes or breaks.

[2]

When not in use, the temporary storage container shall be kept locked.

(g)

Applicability.

[1]

In addition to compliance to all other requirements of the Borough of Park Ridge development regulations, the use of temporary storage containers must comply with the standards established by this section.

[2]

Where requirements of any part of this section may conflict with any other section of the Borough of Park Ridge development regulations, this section shall prevail.

Accessory apartments.

[Added 8-10-2021 by Ord. No. 2021-016]

(1)

Purpose. This section is intended to provide opportunities for the creation of up to seven subsidized affordable accessory apartments within the Borough of Park Ridge to fulfill the Borough's affordable housing obligation.

(2)

Definition. The term "accessory apartment," as used in this section, shall mean a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing home, or through the conversion of an existing accessory structure on the same site, or by an addition to an existing home or accessory building, or by the construction of a new accessory structure on the same site.

(3)

Where permitted. Accessory apartments shall be permitted in principal or accessory buildings in the R-40, R-20, R-15, and R-10 Zones on lots developed with a detached single-family dwelling according to the area, yard, and bulk requirements set forth at Subsection J(7) below.

(4)

Affordability. Each new accessory apartment created under the terms of this section shall be an affordable rental unit in accordance with the terms of Chapter 39, Affordable Housing, of the Code of the Borough of Park Ridge.

(5)

Applicability. While this section shall apply to the development and continued operation of all affordable accessory apartments created in the Borough following the adoption of this section, no more than seven affordable accessory apartments shall be subsidized by the Borough of Park Ridge.

(6)

Number of dwelling units. No lot shall contain more than two dwelling units. A lot shall contain a principal dwelling unit and not more than one affordable accessory apartment which may be located in the principal residence or in an accessory structure. The accessory apartment shall be exempt from the density requirements of the zone district in which the unit is located; however, this density exemption shall only apply to one unit above the maximum density.

(7)

Area and bulk standards. An affordable accessory apartment shall only be permitted if it complies with the following lot and bulk standards:

(a)

The lot to be used for the accessory apartment shall comply with the minimum area, width and depth requirements applicable to single-family detached dwellings in the zone district.

(b)

The building within which the accessory apartment is located shall comply with all requirements applicable to principal buildings used as detached single-family dwellings in the zone district, except for requirements that limit the lot to only one dwelling or dwelling structure.

(c)

The cumulative building coverage, improvement coverage, floor area ratio and gross floor area of all buildings and other improvements on the lot shall comply with the maximum standards applicable to single-family dwellings on the lot.

(8)

Accessory apartments in accessory structures. Any accessory apartment created under the terms of this section within an accessory structure shall be exempt from the regulations governing accessory structures and uses in residential districts set forth at § 101-21A and shall instead be subject to this section.

(9)

Design standards. An affordable accessory apartment shall be subject to the following design standards:

(a)

Minimum unit floor area. Each accessory apartment unit shall contain a minimum habitable gross floor area of 450 square feet, plus 150 square feet for each bedroom in the unit.

(b)

Maximum unit floor area. The habitable gross floor area of any accessory apartment shall not exceed the lesser of: a) the habitable gross floor of the primary dwelling unit on the lot; or b) 1,000 square feet.

(c)

Access to any affordable accessory apartment shall be provided with an exterior entrance separate from the principal dwelling entrance.

(d)

The exterior design of any accessory apartment shall be consistent with the design of the existing dwelling structure, utilizing the same or similar materials, colors, and architectural style. In applying this standard, the intent shall be to maintain the appearance of the property as a single-family dwelling and related structures.

(e)

Off-street parking shall be provided for any vehicles used by the occupants of the affordable accessory apartment. The requirements of the New Jersey Residential Site Improvement Standards at N.J.A.C. 5:21-4.14 shall apply. All parking and driveways serving accessory apartments shall comply with the standards for parking and driveways for detached single-family dwellings in the district, provided that one off-street parking space shall be provided for any efficiency or one-bedroom accessory apartment.

(10)

Water and sewer. The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment. Where the proposed location is served by an individual well and/or septic system, the additional capacity necessitated by the new unit must meet the appropriate NJDEP standards.

(11)

Existing accessory apartments. Existing unauthorized accessory apartments may be legalized under this section without Borough subsidy, provided all of the foregoing criteria as well as the following criteria can be met:

(a)

The unit is currently vacant or is occupied by a qualified very-low-, low- or moderate-income household unrelated to the owner.

(b)

If the unit is currently in substandard condition, it shall be brought up to standard condition before a certificate of occupancy is issued in accordance with all of the requirements and procedures of Chapter 39, Affordable Housing, of the Code of the Borough of Park Ridge, except that no Borough subsidy shall be required to be paid to the owner to bring the unit up to standard condition.

(c)

The unit will be affirmatively marketed pursuant to the Borough's affirmative marketing plan. If the unit is currently occupied by a qualified very-low-, low- or moderate-income household unrelated to the owner, it shall be affirmatively marketed when the current tenant vacates the unit.

(d)

The unit will be deed restricted for occupancy by and will remain affordable to a qualified very-low-, low-, or moderate-income household for a period of 10 years from the date a certificate of occupancy is issued for it, consistent with the requirements of Chapter 39, Affordable Housing, and the rules of the Council on Affordable Housing, except that no Borough subsidy shall be required to be paid to the owner for the creation of the affordable accessory apartment.

§ 101-22 Regulations governing certain conditional uses.

Essential services.

(1)

Enclosed structures. Such public utility services as and including electric substations, transformers, switches and auxiliary apparatus serving a distribution area, water well sites and pumping stations in all zones shall be subject to the following regulations:

(a)

The location, design and operation of such facility may not adversely affect the character of the surrounding residential area. Adequate fences, barriers and other safety devices shall be provided. Such facilities shall be adequately landscaped and screened.

(b)

The location of the structures regulated in this section shall comply with the setback requirements of the zone in which they are located; provided, however, that telephone cabinets and electric relay stations may be located at property lines. Such facilities shall be landscaped and screened in order to minimize their visual impact.

[Amended 12-26-1991 by Ord. No. 91-18]

(2)

Open structures and facilities.

(a)

Such uses shall be limited to the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of electric, gas, water transmission or distribution/collection systems, telephone and cable television lines, communication, water supply or sewage treatment and collection systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stanchions, telephone lines, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate services by public utilities or municipal or other governmental agencies of for the public health, safety or general welfare, but not including buildings.

[Amended 12-26-1991 by Ord. No. 91-18]

(b)

Adequate landscaping or screening shall be provided, where applicable.

Public, private or parochial school.

(1)

All nonpublic schools, where permitted, shall be subject to the following:

(a)

Said school or institution shall be a nonprofit organization within the meaning of the Internal Revenue Act and registered effectively as such thereunder.

(b)

Such school shall have as its prime purpose the general education of students in the arts and sciences and shall be licensed by the State Department of Education as required by law.

(c)

Any school permitted under this section shall be permitted on the principal roadways as identified in the Borough Land Use Plan[1] and § 101-21G(3).

[1]

Editor's Note: The Borough Land Use Plan is on file in the Borough offices.

(2)

All schools permitted herein shall comply with all applicable regulations of the State Board of Education and to the following:

(a)

Minimum lot area: two acres, plus one acre per 100 pupils.

(b)

Minimum lot width: 150 feet.

(c)

Minimum front yard: 75 feet.

(d)

Minimum side yards: 35 feet.

(e)

Minimum rear yard: 50 feet.

(f)

Minimum recreation area: 100 square feet per pupil.

(g)

Maximum building coverage: 15%.

(h)

Maximum building height: one story; 15 feet.

(i)

Minimum buffer: 50 feet.

Community residences.

(1)

Community residences housing more than six persons for the developmentally disabled and community shelters for victims of domestic violence shall be permitted as a conditional use in all residential districts, subject to the provisions of this section.

(2)

A community residence or shelter shall comply fully with all zoning and health regulations applicable to single-family residences in the zoning districts in which it is located.

(3)

A community residence or shelter shall not be occupied by more than 15 developmentally disabled persons or victims of domestic violence, as defined herein.

(4)

A community residence or shelter must be located at a distance of at least 1,500 feet from any other existing community residence, shelter or school.

(5)

A minimum of two parking spaces shall be required for the first six occupants of a community residence or shelter, plus one additional space for each additional three occupants.

Automobile service stations.

(1)

No gasoline service station, garage or automobile repair facility shall be located within 200 feet of a school, place of worship, hospital, funeral home, theater, library or any place of public assembly nor within 800 feet of another auto service station or garage or other services similar to the proposed use.

[Amended 5-14-1992 by Ord. No. 92-15]

(2)

Vehicular access to or exit from a service station shall not be closer to the intersection of any two streets than 50 feet, nor shall any such drive be located within 30 feet of any boundary line of any residential district or residential use.

(3)

Fuel pumps shall be permitted within the required front yard but in no event closer than 30 feet from the street line.

(4)

No outdoor hydraulic or mechanical lifts shall be permitted. All automobile repair work shall be done inside the building.

(5)

Automobile service stations shall require a minimum lot area of 20,000 square feet with at least 200 feet of street frontage. The yard and bulk requirements of the B-2 Zone shall be applicable to automobile service stations.

(6)

Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m.

[Added 5-14-1992 by Ord. No. 92-15]

Veterans, civic and community clubs. All buildings shall be a minimum 25 feet from any property line.

Hotels and motels.

(1)

A hotel or motel shall provide facilities for sleeping, dining, conferences, meetings and other similar purposes which shall be contained within the hotel or motel building. All facilities within the hotel or motel shall be fully accessible to handicapped persons.

(2)

No hotel or motel shall be located closer than 3,000 feet to any other hotel or motel within the limits of Park Ridge.

(3)

A hotel or motel shall have its front entrance or entrances and all parking lot and driveway access from a public street located in the Borough of Park Ridge.

(a)

Where a hotel or motel abuts a residential or townhouse district, a buffer zone no less than 100 feet wide shall be provided from all external lot lines, except that portion which fronts upon an existing external street or roadway.

(b)

The approving authority, upon specific findings of particular circumstances relating to conditions of topography, natural features, lot configuration, natural vegetation or the lack of the same, drainage or other similar site characteristics or where said proposed development is compatible with existing development, may increase the required buffer area to 150 feet or may permit the reduction of said buffer area to 75 feet.

(c)

No principal or accessory use or structure, including, without limitation, off-street parking and loading areas, shall be permitted within the required buffer area; but the approving authority may, upon a finding of reasons therefor, permit a portion of a buffer area to be used for utility easements or streets to ensure access to or from adjacent property.

(d)

Required buffer areas shall be included for the purposes of computing compliance with open space requirements, but in no case shall a buffer area be utilized for any active use.

(4)

The maximum improved lot coverage shall be 70%.

(5)

Height.

(a)

The maximum building height shall be four stories or 40 feet, measured at the top of the roof.

(b)

Certain appurtenances, such as elevators, towers, condensers, chimneys and similar mechanical equipment, may, because of function and design, have to be or would normally be located above the flat roof surface and, therefore, shall be allowed within the following standards:

[1]

The maximum vertical height of said appurtenances above the permitted maximum flat roof height shall not exceed 12 feet.

[2]

The total square footage measured at the flat roof shall not exceed 15% of the gross roof area.

[3]

Purely architectural embellishments for purposes of providing light such as atrium roofs or skylights shall also be permitted, provided that the same do not exceed a height of 10 feet above the finished roof, and provided that the same do not occupy, in accordance with the other appurtenances heretofore allowed by this section, more than 20% of the roof area.

[4]

The exterior treatment of all such mechanical penthouses and other projections also permitted herein shall be of materials substantially similar to the facades of the building itself and shall be designed so as to be an architecturally integral part of the structure.

(6)

The maximum floor area ratio shall be 0.275.

(7)

Within any hotel or motel there shall be a minimum total floor area, including public areas, of 650 square feet for each bedroom or bedroom suite.

(8)

The maximum aggregate length of the front building wall, including any extension or prolongation thereof, shall not exceed 70% of the lot width as measured at the required front yard setback line.

Satellite dish antenna.

(1)

No more than one satellite antenna shall be permitted on a lot, and such antenna shall be accessory to the principal permitted use on a lot.

(2)

The satellite antenna shall be designed for use by the occupants of the main building, provided that, in the case of the Townhouse Residential, Garden Apartment and Housing for the Handicapped Zones, the antennas shall be designed for use by the occupants of the townhouse or multifamily dwelling units.

(3)

The above provision with respect to the Townhouse Residential, Garden Apartment and Housing for the Handicapped Zones does not confer any franchise rights upon an applicant. The applicant shall demonstrate that such use does not violate any existing cable television or other franchise agreements.

(4)

Ground-mounted and roof-mounted satellite antennas shall be permitted, as regulated herein, and shall require a building permit. Tower-mounted satellite dish antennas are prohibited.

[Amended 12-26-1991 by Ord. No. 91-18]

(5)

Size and height requirements.

(a)

Ground-mounted antenna. The maximum permitted size and height of a ground-mounted satellite antenna shall be in accordance with the requirements set forth in Table VI-1.

Table VI-1 Maximum Size and Height Regulations Ground-Mounted Antenna [Amended 8-10-2021 by Ord. No. 2021-020]
Zone	Diameter¹ (feet)	Height² (feet)
R-40, R-20, R-20A, B-1 and B-2	10	12
Townhouse, Garden Apartment and HH	12	15
ORL	16	20

	NOTES:
	¹	Diameter of antenna reflector. It is noted that, in general, a satellite antenna has a reflector that is circular in shape with a concave surface. Where an antenna reflector is not circular, the term "diameter," as used herein, shall be considered to include the distance between the extreme points across the plane formed by the outer edge of the reflector surface.
	²	As measured from ground level at the foundation.

(b)

Roof-mounted antenna.

[1]

In the ORL Zone, the diameter of the antenna shall be no more than 12 feet, and the maximum antenna height shall be no more than 15 feet above the roof at the point at which the antenna is situated.

[2]

Roof-mounted antennas are prohibited in all zones other than the ORL, B-1 and B-3 Zones, and in the B-1 and B-3 Zones, satellite antennas shall be permitted with a diameter of no more than six feet and a maximum height no greater than eight feet above the roof at the point where the antenna is situated.

[Amended 8-8-1995 by Ord. No. 95-12; 4-26-2011 by Ord. No. 2011-015]

[3]

A satellite dish antenna no wider than 18 inches is permitted in all residential zones and a permit is not required to erect a conforming satellite antenna in any residential zone.

[Added 8-8-1995 by Ord. No. 95-12]

(6)

Setback requirements.

(a)

In the R-40, R-20, R-20A, B-1 and B-2 Zones, the satellite antennas shall be located in the rear yards and shall be set back a minimum of 20 feet from all property lines.

[Amended 8-10-2021 by Ord. No. 2021-020]

(b)

In the Townhouse Residential, Garden Apartment and HH Zones, the satellite antennas shall be located in the rear yards and shall be set back a minimum of 25 feet from all property lines.

(c)

In the ORl Zone, the satellite antenna may be permitted in the rear or side yard and shall be set back a minimum of 30 feet from all property lines.

(7)

Landscape/buffer requirements.

(a)

The applicant shall provide buffer plantings and screening in order to minimize the satellite antenna's visual impact on adjacent properties and from the street. Buffer plantings in the form of evergreens or similar dense cover shall be provided in the general area of property lines or other suitable location to minimize the visual impact of the antenna.

(b)

Roof-mounted antennas shall be located in a position on the roof that will minimize the visual impact from the street and adjacent properties.

(8)

Installation. The satellite antenna shall be erected on a secure ground-mounted foundation or roof-mounted base and be designed to survive static wind loads of not less than 100 miles per hour at any antenna elevation, angle or directional position.

(9)

This Subsection G is not intended to regulate CB antennas, which are regulated in accordance with applicable federal regulations.

[Added 12-26-1991 by Ord. No. 91-18]

Home occupation.

(1)

A home occupation shall be incidental to the use of a dwelling unit for residential purposes. The area set aside for home occupations shall not exceed 30% of the total floor area of such residence, provided that in no event shall more than 500 square feet of the floor area of the dwelling unit be used in connection with a home occupation or for storage purposes in connection with a home occupation.

(2)

Only members of the immediate family permanently residing on the premises shall be employed in the home occupation.

(3)

A home occupation may be open to the public between 8:00 a.m. and 8:00 p.m. but shall not be open on Sundays or legal holidays.

(4)

No more than one home occupation shall be permitted within any single dwelling unit.

(5)

A home occupation shall be carried on wholly within the principal building. No home occupation nor any storage of goods, materials or products connected with a home occupation shall be allowed in accessory buildings or attached or detached garages, driveways, walkways or yards.

(6)

Merchandise shall not be displayed or offered for sale either within or outside of the residence.

(7)

There shall be no change in the outside appearance of the dwelling or premises or visible evidence of the conduct of a home occupation except for signage as permitted in Article X of Chapter 101 of the Borough Code.

[Amended 5-27-2014 by Ord. No. 2014-010]

(8)

No equipment or process shall be used in a home occupation which creates noise, vibration, glare, fumes or odor detectable to the normal senses off the property. No equipment or process shall be used which creates visual or audible electrical interference in any radio or television receiver off the premises or causes fluctuations in line voltage off the premises.

(9)

The use shall not generate additional pedestrian or vehicular traffic. Visitors, customers or deliveries shall not exceed those normally and reasonably occurring for a residence, including not more than two business visitors an hour and eight a day and not more than two deliveries of products or materials a week.

(10)

The home occupation shall not involve the use of commercial vehicles for delivery of materials to or from the premises, other than one vehicle not to exceed 3/4 ton owned by the resident of the dwelling, which shall be parked in an adequate off-street parking area.

(11)

The use shall not require additional off-street parking spaces for clients or customers of the home occupation.

Restaurants.

[Added 8-8-1995 by Ord. No. 95-12; amended 1-24-2006 by Ord. No. 2006-1]

(1)

Restaurants and takeout restaurants, as defined in § 101-4, are permitted as conditional uses in the B1 Zone.

[Amended 4-26-2011 by Ord. No. 2011-015]

(2)

These uses are permitted if they meet the following conditions:

(a)

Except as otherwise provided herein, restaurants shall conform to the area, bulk and yard requirements for the B1 Zone as set forth on Schedule IV-2 of Chapter 101.[2]

[Amended 4-26-2011 by Ord. No. 2011-015]

[2]

Editor's Note: Schedule IV-2 is located at the end of this chapter.

(b)

Parking standards:

[1]

Restaurants shall provide off-street parking at the ratio of one parking space per three seats.

[2]

Takeout restaurants shall not be required to have any off-street parking spaces. Every such business shall, however, have four seats as a designated waiting area. Counters and tables for waiting with a consumption of food are prohibited.