A.Â
Places of worship. Churches, temples and other places
of worship shall be governed by the following regulations:
(1)Â
Area, bulk and yard requirements:
(a)Â
Minimum lot area: two acres.
(b)Â
Minimum lot width: 200 feet.
(c)Â
Minimum lot depth: 300 feet.
(d)Â
Minimum front yard: 50 feet.
(e)Â
Minimum side yards: 35 feet.
(f)Â
Minimum rear yard: 40 feet.
(g)Â
Maximum building height: 2 1/2 stories; 35 feet.
(h)Â
Maximum building coverage: 30%.
(i)Â
Maximum impervious coverage: 75%.
(j)Â
Minimum buffer width: 50 feet.
(2)Â
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.
B.Â
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:
C.Â
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)Â
Recreational and sitting areas shall be provided in
the amount of 200 square feet per dwelling unit.
(2)Â
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)Â
All buildings and site design construction shall,
minimally, be in accordance with regulations for physically handicapped
persons as provided by law.
(4)Â
Each dwelling unit for handicapped persons shall be
provided with two means of access.
D.Â
Townhouses (R-T Zone).
(1)Â
Density. The maximum gross residential density for
townhouse development shall be four dwelling units per acre.
(2)Â
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)Â
Buffer area.
(a)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Minimum lot area: 3,000 square feet.
(b)Â
Minimum lot width: 30 feet.
(c)Â
Minimum front yard: 30 feet.
(d)Â
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)Â
Minimum rear yard: 30 feet.
(f)Â
Maximum lot coverage: 40%.
[Amended 12-26-1991 by Ord. No. 91-18]
(g)Â
Maximum improved lot coverage: 60%.
(5)Â
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:
S
|
=
|
(La + Lb) + 2 (Ha + Hb)
                   6
|
Where:
| ||||
---|---|---|---|---|
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)Â
Design limitations.
(a)Â
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)Â
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)Â
No rear yard shall be adjacent to any front
yard.
(d)Â
Each townhouse shall not have less than two
means of ingress and egress into each dwelling unit.
(e)Â
Each townhouse shall have no less than two walls
with window exposure.
(f)Â
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)Â
Electric, gas and telephone service shall be
provided as part of an underground system.
(7)Â
Open space.
(a)Â
Required amount. Each townhouse development
shall contain a minimum of 25% of its total land area in open space.
(b)Â
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)Â
Off-street parking requirements.
(a)Â
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)Â
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)Â
Additional parking may be required by the approving
authority to service accessory buildings and uses.
(9)Â
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.
E.Â
Multifamily, garden apartments and townhouses (GA
Zones).
(1)Â
Density.
[Amended 4-12-2011 by Ord. No. 2011-011]
(a)Â
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)Â
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)Â
A maximum density of 20 dwelling units per acre shall be permitted
in the GA-2 Zone.
(2)Â
Buffer area.
(a)Â
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)Â
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.
(c)Â
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
or other active use.
(3)Â
Area, yard and bulk requirements.
(a)Â
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.
(c)Â
Buildings shall not exceed 160 feet in length.
(d)Â
Each residential development shall contain a
minimum of 25% of its total land area in open space.
(e)Â
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)Â
Recreation space. Recreation and sitting areas shall
be provided at a ratio of 200 square feet per dwelling unit.
(5)Â
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]
G.Â
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)Â
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)Â
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)Â
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)Â
Such facility shall comply with all applicable governmental
requirements and shall be licensed by the New Jersey Department of
Human Services.
(5)Â
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.
H.Â
Construction in planned unit development.
[Added 9-14-1993 by Ord. No. 93-13]
(1)Â
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)Â
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)Â
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)Â
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)Â
Any additional application or escrow fees, as
prescribed by the Planning Board, with the consent of the Mayor and
Council.
(3)Â
The Construction Official shall forthwith deliver
a copy of the application and all supporting documentation to the
Secretary of the Planning Board.
(4)Â
Action by Planning Board.
(a)Â
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]Â
Determine, by motion, that the application does
not require a formal hearing before the Planning Board and so inform
the Construction Official;
[2]Â
Determine, by motion, that the application does
require a formal hearing before the Planning Board and so inform the
Construction Official; or
[3]Â
Determine, by motion, that some other action
is required and so inform the Construction Official.
(b)Â
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)Â
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:
(6)Â
The Construction Official shall not approve the application
until notice has been received from the Secretary of the Planning
Board, as provided above.
I.Â
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)Â
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)Â
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)Â
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.
J.Â
Outdoor cafes.
[Added 7-11-2006 by Ord. No. 2006-11]
(1)Â
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)Â
Outdoor cafes shall only be permitted as an accessory
use located on the same lot as the principal permitted restaurant
use.
(3)Â
The area devoted to outdoor dining areas shall not
exceed 15% of the restaurant's dining area.
(4)Â
Location and design.
(a)Â
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)Â
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)Â
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)Â
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]
(5)Â
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)Â
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)Â
Noise generation. Amplified music and live entertainment
is not permitted in outdoor dining areas.
(8)Â
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)Â
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)Â
Umbrellas, awnings, canopies, and heating units.
All umbrellas, awnings, canopies, and heating units are not permitted
in outdoor café areas.
(12)Â
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)Â
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)Â
Insurance requirements.
[Added 12-23-2008 by Ord. No. 2008-16]
(a)Â
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)Â
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)Â
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.
K.Â
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)Â
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)Â
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.
A.Â
Accessory structures and uses in residential districts.
(1)Â
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)Â
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)Â
Accessory structures shall be set back minimally
10 feet from the principal building.
[Amended 12-26-1991 by Ord. No. 91-18]
(c)Â
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)Â
Additionally, the regulations provided elsewhere in this chapter, as outlined in Article V herein, shall also apply.
(e)Â
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)Â
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]
(4)Â
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)Â
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)Â
No accessory structure shall be used for human habitation.
[Amended 12-26-1991 by Ord. No. 91-18]
(7)Â
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)Â
Accessory equipment shall be located on the lot in
accordance with the following regulations:
[Added 10-14-2003 by Ord. No. 2003-9]
(10)Â
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)Â
Retaining walls shall be designed in accordance
with the following:
[Added 3-11-2008 by Ord. No. 2008-02]
(a)Â
Retaining walls shall not exceed four feet in
height.
(b)Â
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)Â
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)Â
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.
B.Â
Accessory structures and uses in nonresidential districts.
(1)Â
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)Â
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)Â
Additionally, the regulations provided elsewhere in this chapter, as outlined in Article V herein, shall also apply.
(4)Â
No off-street loading area or loading facility shall
be permitted in a front yard.
(5)Â
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)Â
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)Â
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)Â
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]
C.Â
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]
D.Â
Swimming pools and tennis courts.
(1)Â
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)Â
Swimming pools shall be subject to Chapter 88, Swimming Pools.
[Amended 12-26-1991 by Ord. No. 91-18]
(3)Â
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]
E.Â
Fences and walls.
(1)Â
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)Â
No fence or wall shall be erected, altered or constructed
in any nonresidential zone which shall exceed eight feet in height
above ground level.
(4)Â
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)Â
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)Â
The finished side of a fence shall face the adjoining
properties.
F.Â
Signs. Signs shall be regulated in accordance with Article X, Signs.
[Amended 12-26-1991 by Ord. No. 91-18]
G.Â
Office of a resident professional.
(1)Â
An office of a resident professional shall not exceed
30% of the floor area of the building in which it is located.
(2)Â
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)Â
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.
H.Â
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)Â
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)Â
The facility is licensed by the New Jersey Department
of Human Services.
(b)Â
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)Â
The area and bulk requirements applicable to
the zone in which the site is located shall be complied with.
(d)Â
No more than 15% of a building shall be occupied
as a day-care center.
(e)Â
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.
I.Â
Temporary storage containers.
[Added 7-10-2007 by Ord. No. 2007-15]
(1)Â
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)Â
Temporary storage container use provisions.
(a)Â
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]Â
No temporary storage container shall be located
within five feet of a property line.
[2]Â
Temporary storage containers shall be set back
minimally 15 feet from the principal building.
[3]Â
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]Â
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]Â
Temporary storage containers shall not obstruct
circulation for vehicles, particularly emergency vehicles.
[6]Â
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).
(b)Â
Size. A temporary storage container shall not
be larger than 150 square feet in area and no higher than 10 feet
from grade.
(c)Â
Use.
[1]Â
The use of any temporary storage container shall
be confined to the property owner whose land the container is placed
upon.
[2]Â
The containers are intended to store common
household items.
[4]Â
In addition, temporary storage containers shall
not be used for temporary habitation of humans or animals.
(d)Â
Signage for any temporary storage container
shall comply with the following:
[1]Â
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]Â
The sign must be permanently adhered to or painted
on the temporary storage container.
[3]Â
A temporary storage container shall have no
more than one sign attached to a side, and no more than two signs
total.
[4]Â
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)Â
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.
(g)Â
Applicability.
[1]Â
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]Â
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.
J.Â
Accessory apartments.
[Added 8-10-2021 by Ord.
No. 2021-016]
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
Area and bulk standards. An affordable accessory apartment shall
only be permitted if it complies with the following lot and bulk standards:
(a)Â
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)Â
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)Â
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)Â
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)Â
Design standards. An affordable accessory apartment shall be subject
to the following design standards:
(a)Â
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)Â
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)Â
Access to any affordable accessory apartment shall be provided
with an exterior entrance separate from the principal dwelling entrance.
(d)Â
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)Â
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)Â
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)Â
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)Â
The unit is currently vacant or is occupied by a qualified very-low-,
low- or moderate-income household unrelated to the owner.
(b)Â
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)Â
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)Â
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.
A.Â
Essential services.
(1)Â
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)Â
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)Â
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)Â
Open structures and facilities.
(a)Â
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)Â
Adequate landscaping or screening shall be provided,
where applicable.
B.Â
Public, private or parochial school.
(1)Â
All nonpublic schools, where permitted, shall be subject
to the following:
(a)Â
Said school or institution shall be a nonprofit
organization within the meaning of the Internal Revenue Act and registered
effectively as such thereunder.
(b)Â
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)Â
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)Â
All schools permitted herein shall comply with all
applicable regulations of the State Board of Education and to the
following:
(a)Â
Minimum lot area: two acres, plus one acre per
100 pupils.
(b)Â
Minimum lot width: 150 feet.
(c)Â
Minimum front yard: 75 feet.
(d)Â
Minimum side yards: 35 feet.
(e)Â
Minimum rear yard: 50 feet.
(f)Â
Minimum recreation area: 100 square feet per
pupil.
(g)Â
Maximum building coverage: 15%.
(h)Â
Maximum building height: one story; 15 feet.
(i)Â
Minimum buffer: 50 feet.
C.Â
Community residences.
(1)Â
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)Â
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)Â
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)Â
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)Â
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.
D.Â
Automobile service stations.
(1)Â
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)Â
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)Â
Fuel pumps shall be permitted within the required
front yard but in no event closer than 30 feet from the street line.
(4)Â
No outdoor hydraulic or mechanical lifts shall be
permitted. All automobile repair work shall be done inside the building.
(5)Â
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)Â
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]
E.Â
Veterans, civic and community clubs. All buildings
shall be a minimum 25 feet from any property line.
F.Â
Hotels and motels.
(1)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
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)Â
The maximum improved lot coverage shall be 70%.
(5)Â
Height.
(a)Â
The maximum building height shall be four stories
or 40 feet, measured at the top of the roof.
(b)Â
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]Â
The maximum vertical height of said appurtenances
above the permitted maximum flat roof height shall not exceed 12 feet.
[2]Â
The total square footage measured at the flat
roof shall not exceed 15% of the gross roof area.
[3]Â
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]Â
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)Â
The maximum floor area ratio shall be 0.275.
(7)Â
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)Â
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.
G.Â
Satellite dish antenna.
(1)Â
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)Â
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)Â
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)Â
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)Â
Size and height requirements.
(a)Â
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)Â
Roof-mounted antenna.
[1]Â
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]Â
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]Â
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)Â
Setback requirements.
(a)Â
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)Â
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)Â
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)Â
Landscape/buffer requirements.
(a)Â
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)Â
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)Â
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.
H.Â
Home occupation.
(1)Â
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)Â
Only members of the immediate family permanently residing
on the premises shall be employed in the home occupation.
(3)Â
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)Â
No more than one home occupation shall be permitted
within any single dwelling unit.
(5)Â
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)Â
Merchandise shall not be displayed or offered for
sale either within or outside of the residence.
(8)Â
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)Â
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)Â
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)Â
The use shall not require additional off-street
parking spaces for clients or customers of the home occupation.
I.Â
Restaurants.
[Added 8-8-1995 by Ord. No. 95-12; amended 1-24-2006 by Ord. No.
2006-1]
(1)Â
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)Â
These uses are permitted if they meet the following
conditions:
(b)Â
Parking standards:
[1]Â
Restaurants shall provide off-street parking
at the ratio of one parking space per three seats.
[2]Â
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.