A.
General provisions. Within the municipality, no lot,
tract or parcel of land shall be used and no building or structure
shall be constructed, altered, erected or placed to be used without
adequate off-street parking and loading facilities for the particular
use of said premises. Planning or Zoning Board approval shall be required
for the location of all proposed parking spaces taking into consideration
such factors as, but not limited to, the size and topography of the
lot; visibility from the lot to the adjoining street, as well as within
the parking area; conditions of safety relating to the movement of
people and vehicles; and the elimination of nuisance factors, including
glare, noise, dust, exhaust emissions and other similar considerations.
Subject to other considerations as specified herein, off-street parking
and loading:
(1)
Shall not be located in any required front yard in
the Executive and Administrative Office District (EAO), the Special
Office District (S-O), or in the Office Research District (O-R).
[Amended 4-18-2005 by Ord. No. 05-04]
(2)
Shall not be located in any required front yard in
Business District B-2 and Business District B-3 unless there is provided
a twenty-five-foot-wide landscaped area abutting the right-of-way
line along the entire frontage of the lot with the exception of the
ingress and egress ways or driveways.
(3)
Shall not be located closer than 10 feet to a side
or rear lot line and shall not be located closer than 30 feet to any
residentially zoned property.
(4)
Shall not be located closer than 30 feet to any two
intersecting streets (excluding residential driveways) or within the
sight triangle of any driveway.
(5)
Shall not be permitted on ingress and egress ways
or driveways.
(6)
Shall be provided on the same lot as the building
it is servicing.
(7)
Shall be provided with lighting so arranged and shielded
as to reflect the light downwards and away from adjoining properties.
(9)
Shall not be permitted closer than 200 feet to any
residential district or municipal boundary in the Executive and Administrative
Office District (EAO); or 30 feet from any residential district in
the Business District (B-1, B-2 and B-3) and the Special Office District
(S-O).
(10)
Shall not, together with the total area covered
by buildings, exceed more than 50% of the total area of a lot in the
Executive and Administrative Office District (EAO) or in the Office
Research District (O-R). In the event that additional parking is required,
said parking area shall be placed below grade level or in building
basement areas.
[Amended 4-18-2005 by Ord. No. 05-04]
(11)
Shall not, in individual areas, exceed 80,000
square feet on any lot. Adjacent parking areas or lots shall be separated
by landscaped buffer areas.
(12)
All off-street parking areas having 10,000 or
more square feet of paved area shall, in addition to the landscaping
of the setback areas or buffer areas, provide landscaping for the
interior parking lot areas at a minimum of 20 square feet of interior
lot landscaping for each parking space, with a minimum landscape dimension
of five feet by five feet.
B.
Number of parking spaces. There shall be provided
the number of off-street parking spaces required by the specific use
in accordance with Schedule A entitled "Off-Street Parking Requirements"
attached hereto and made part hereof.[2]
[2]
Editor's Note: Schedule A is included as an
attachment to this chapter.
A.
General requirements.
(1)
All outdoor lighting for the illumination of outdoor facilities, such as driveways, parking areas and similar areas or for security purposes, shall be so arranged or shielded as to reflect the light downwards from all adjoining properties to minimize unnecessary glare (as that term is defined hereafter) or intrusions upon neighboring properties. Lighting facilities specifically covered by Subsection B shall in addition to these general requirements comply with the standards set forth in that subsection.
(2)
No outdoor lighting shall be constructed or erected
without a permit therefor having been issued in accordance with this
section.
(3)
No outdoor lighting shall be permitted for the illumination
of tennis courts or platform tennis courts.
(4)
DIRECT GLARE
GLARE
PUBLIC RECREATIONAL USE
RECREATIONAL FIELD LIGHTING, PUBLIC
SPILL LIGHT (LIGHT TRESPASS)
Terms defined. Wherever used in this section, the
following terms shall have the respective meanings hereinafter set
forth or indicated, unless the context otherwise requires:
Glare resulting from insufficiently shielded light sources
in the field of view.
The sensation produced by brightness within the visual field
that is sufficiently greater than the illumination to which the eyes
are adapted, so as to cause annoyance, discomfort or loss in visual
performance and visibility.
A lot or lots owned, leased or otherwise under the control
of a public entity as defined in Titles 40, 40A and 59 of the New
Jersey Revised Statutes, which lot or lots are intended for use by
persons with the permission of the public entity for athletic or recreational
activities.
[Added 12-6-1999 by Ord. No. 99-10]
Exterior lighting installed by or under the direction of
the public entity and for its exclusive use for the purpose of providing
nighttime illumination for municipal recreational uses. Outdoor lighting
for areas beyond the athletic field, such as parking lots, driveways
and similar areas, are not included within the definition of "public
recreational field lighting" and shall be subject to the other provisions
of this section.
[Added 12-6-1999 by Ord. No. 99-10]
The light shining beyond the athletic fields caused by the
uncontrolled direct component from luminaires or from reflected light
within the facility.
[Added 12-6-1999 by Ord. No. 99-10]
(5)
All permitted light fixtures shall be shielded by
louvers, baffles or visors to restrict the maximum apex angle of the
cone of illumination to 135°. The upper apex of the apex angle
shall not exceed 75° from the horizontal. Shielding on one side
of the light fixture may also be required. No direct glare shall be
permitted.
B.
Illumination of basketball courts and similar areas
of recreation.
(1)
Lighting standards. Lighting fixtures for pools and
basketball courts must comply with the following regulations:
(a)
For basketball courts, light standards inclusive
of fixtures shall be located at least 15 feet from the property line
and shall not exceed 20 feet in height above ground level nor shall
any light fixture be installed more than 20 feet above ground level.
(b)
At any point on any adjoining property the total
glare measured at a height of three feet above ground level shall
not exceed 0.2 of a footcandle over the combined illumination of all
other lighting on the premises and lighting from any natural light
source. Such readings shall be made with a direct reading, portable
light meter held toward the source of light, which meter shall have
been tested and calibrated by an independent commercial photometric
laboratory or manufacturer of said meters within one year prior to
the date of use as attested by a certificate issued by said laboratory
or manufacturer.
(c)
For pools, lighting standards inclusive of fixtures
shall be located at least 15 feet from the property line and shall
not exceed two feet in height above ground level. This shall include
internal lighting of the pool and the lighting of walkways and decks.
(d)
Lighting fixtures must comply with the setback
requirements for accessory buildings.
(2)
Lighting hours. Lighting of pools, basketball courts
and similar areas of recreation is prohibited between the hours of
10:00 p.m. and 7:00 a.m. the next day, local time, except on Friday
and Saturday when such lighting shall be prohibited from the hours
of 11:00 p.m. to 7:00 a.m. the next day, local time.
C.
Public recreational field lighting.
[Added 12-6-1999 by Ord. No. 99-10]
(1)
All public recreational field lighting shall be so
arranged or shielded as to reflect the lighting downward from all
adjoining properties to minimize unnecessary glare or intrusions upon
neighboring properties.
(2)
At a point located at any property line immediately
adjacent to a public recreational use wherein there is installed public
recreational field lighting, the total light spillage measured at
any point between the closest side of the adjacent residence and a
point three feet above ground level at the dividing property line
between the residential lot and the public recreational field shall
be as close as practicable to 0.5 footcandle, but in no event in excess
of one footcandle over the combined illumination of all other lighting
on the premises and lighting from any natural light source. Readings
at the property line shall be made with a direct reading, portable
light meter held toward the source of light, which meter shall have
been tested and calibrated by an independent commercial photometric
laboratory or manufacturer of said meters within one year prior to
the date of use as attested by a certificate issued by said laboratory
or manufacturer. Readings at the side of the house of the adjacent
residence shall also use a hand-held meter as aforesaid, unless access
to the residence is prohibited or refused, when, in that event, an
applicant shall establish such measurements at the house line by engineering
calculations accepted in the industry.
(3)
As a condition of any permit, certificate of occupancy,
site plan or variance application granted to any person or entity
for the operation of public recreational field lighting, the daily
times of operation for such lighting as well as the seasonal and annual
usage shall be subject to the express consent of the Woodcliff Lake
Mayor and Council, and no public recreational lighting within the
Borough shall be operated at any time absent such consent and in accordance
therewith.
(4)
Existing public recreational uses. For all public
recreational uses with field lighting installed prior to the effective
date of this subsection, nothing herein shall prevent the maintenance
and periodic replacement of all lighting existing thereon, notwithstanding
that such field lighting is not in compliance with this subsection,
except that any such replacement or modification shall maintain the
average light spillage measurements taken in accordance with this
subsection, with an error factor of 10% light spillage to be permitted.
D.
Application requirements.
(1)
All applications for outdoor lighting must be made
to the Zoning Officer.
(3)
The application shall be accompanied by a lighting
plan duly certified by a licensed electrician which sets forth the
location and height of the lighting fixtures, the type of lighting
fixture, the shields for the lighting fixtures, if any, the footcandles
on adjoining properties at three-foot heights, the location of the
measurements of the footcandles and the calculations utilized for
the measurement of the footcandles.
(4)
The Zoning Officer of the Borough shall review the
application, make the necessary inspections and determine compliance
with all requirements of the chapter.
E.
Permits. The Zoning Officer shall issue a building
permit when all fees have been paid or deposited and the application
and plans submitted indicate that the designed improvements will conform
to all of the requirements of this chapter. No certificate of occupancy
shall be issued until all improvements have been constructed and installed
in complete compliance with this chapter.
A.
Any lot utilized for a nonresidential use abutting
a lot in a residential zone or a lot used for residential purposes
shall have a buffer area consisting of fencing, evergreens or other
barriers determined suitable by the Planning Board (in consultation
with the Shade Tree Committee) to screen the nonresidential use from
the residential use.
B.
Such buffer areas shall be 30 feet in depth at the
perimeter of the lots and, when planted with evergreens, they shall
be at least 10 feet in height at the time of planting, of a kind that
will grow to a normal height of at least 20 feet at maturity. The
evergreens shall be planted at a distance of no greater than the normal
branch circumference of the planted tree at maturity. The evergreen
trees shall be planted in at least two rows, in a staggered fashion,
so that the trees in one row will be placed in a position so as to
obstruct vision between the trees in the other row. Whenever there
are existing wooded areas within said buffer area, the Planning Board
may, in its discretion, waive the requirement for said planting of
evergreen trees.
C.
The buffer areas, once installed, shall be properly
maintained so that there will be continuance of the landscaping elements
originally required.
No sign shall be permitted in any zone district within the municipality which does not conform to Chapter 287, Signs, of the Woodcliff Lake Code.
No fence or wall shall be permitted in any zone district within the municipality which does not conform to Chapter 168, Fences, of the Woodcliff Lake Code.
A.
Applicability. The following provisions shall apply
to all buildings or uses existing on the date of the adoption of this
chapter, which buildings or uses were permitted by the prior ordinance
and which buildings and uses do not conform to the requirements set
forth in this chapter, to all buildings or uses that become nonconforming
by reason of any subsequent amendment to this chapter and to all conforming
buildings housing nonconforming uses.
B.
Any lawful nonconforming use or nonconforming structure
existing at the time of passage of this chapter may be continued upon
the lot or in the structure so occupied, and any such structure may
be restored or repaired in the event of the partial destruction thereof,
but shall not be:
(1)
Enlarged, extended, reconstructed or placed on a different
portion of the lot occupied by such use prior to the adoption of this
chapter.
(2)
Changed to another nonconforming use without a permit
from the Construction Code Official and without a variance from the
Board of Adjustment and then only to a use which, in the opinion of
the Board, is of the same or of a more restricted nature.
(3)
Reestablished if such use has been abandoned, inactive
or not used for any reason for a period of one year or more or has
been changed to or replaced by a conforming use. Intent to resume
a nonconforming use shall not confer the right to do so.
C.
Nonconforming use of buildings. Except as provided
below, no building which houses a nonconforming use shall be:
(1)
Structurally altered or enlarged.
(2)
Moved to another location where such use would be
nonconforming.
(3)
Restored for other than a conforming use after partial
destruction unless such restoration shall have been completed within
one year of such partial destruction. If such restoration of the building
is not completed within a one-year period, this nonconforming use
shall have been deemed to have been discontinued. The Zoning Board
of Adjustment for good cause may, however, in its discretion, extend
the time for restoration beyond the one-year period.
D.
Nonconforming use of land. Normal maintenance and
repair, structural alteration in and moving, reconstruction or enlargement
of a building which does not house a nonconforming use but is nonconforming
as to the zone regulations for lot area, lot width, front yard, side
yard, rear yard, maximum height, maximum lot coverage or minimum livable
floor area per dwelling are permitted if the same do not increase
the degree of or create any new nonconformity with such regulations
in the building.
E.
Certificate of extension of valid nonconforming uses.
The prospective purchaser, prospective lender or any other person
interested in any land upon which a nonconforming use or structure
exists may apply in writing for the issuance of a certificate certifying
that the use or structure existed before the adoption of the ordinance
which rendered the use or structure nonconforming. The applicant shall
have the burden of proof. Applications pursuant hereto may be made
to the Construction Code Official within one year of the adoption
of the ordinance which rendered the use or structure nonconforming
or at any time to the Board of Adjustment. The Construction Code Official
shall be entitled to demand and receive for such certificate issued
by him a reasonable fee not in excess of those provided in N.J.S.A.
54:5-14 and 54:5-15. The fees collected by the official shall be paid
by him to the municipality. Denial by the Construction Code Official
shall be appealable to the Board of Adjustment, pursuant to Sections
59 through 62 of the act (N.J.S.A. 40:55D-72 to 40:55D-75) and shall
apply to applications or appeals to the Board of Adjustment.
F.
Exceptions. Nothing in this section shall be deemed
to prevent normal maintenance and repair of any building or the carrying
out, upon the issuance of a building permit, of major structural alterations
or demolitions necessary in the interest of public safety. In granting
such a permit, the Construction Code Official shall state the precise
reason why such alterations were deemed necessary.
G.
In the event that there is a cessation of operation
of any nonconforming use for a period of 12 consecutive calendar months,
the same shall be prima facie evidence of abandonment of the use.
Any subsequent exercise of such abandoned nonconforming use shall
be deemed a violation of this chapter.
[Amended 1-2-2001 by Ord. No. 00-7; 12-2-2002 by Ord. No. 02-15; 9-2-2014 by Ord. No. 14-10]
Unless otherwise provided in this chapter, the following provisions
shall apply to all zoning districts:
A.
Accessory structures. No accessory structure may be erected on any lot on which there is no principal building or structure, except where adjacent lots are in common ownership and then only as an accessory structure to a principal building structure on such adjoining lot and only for so long as the adjoining lot on which the accessory structure is located is in common ownership with the adjoining lot on which the principal building or structure is located. This subsection shall not, however, supersede the provisions of § 380-12 herein, which shall control.
B.
Corner lot (two front yards, side yards and rear yard). Any building
to be constructed on a corner lot fronting on two streets, commonly
known as a "corner lot," shall on each street be set back the number
of feet required for a front yard on each street, it being the intention
of this chapter that the side of a building on any corner lot shall
be aligned with the front yard setback requirement for a building
located on an interior lot. The yard opposite the designated front
of the building shall meet the rear yard setback, and the remaining
yard shall meet the minimum side yard setback.
C.
Frontage on public street. Every lot shall have frontage on a public
street, and said frontage shall not be less than the required frontage
in the district in which the lot is located.
D.
Payment of taxes as condition of approval. As a condition of approval
of any development application, there shall be submission of proof
that no taxes or assessments for local improvements are due or delinquent
on the property for which any subdivision, site plan or planned development
is made.
E.
Projections and encroachments. No part of any building or structure
attached to a building shall project into any required yard or setback
except as follows:
(1)
Leaders, windowsills, belt courses and similar features projecting
no more than four inches.
(2)
Ornamental features not extending to the foundation walls or chimneys,
in either case projecting not more than two feet.
(3)
Eaves projecting not more than 16 inches.
(4)
Window air-conditioning units projecting not more than 18 inches
and outside air-conditioning condenser units on the ground projecting
not more than three feet.
(5)
Uncovered entrance steps may project a maximum of four feet into
a required setback.
(6)
Permanent
standby generators may project not more than eight feet into the required
rear or side yard setback.
[Added 3-1-2021 by Ord. No. 21-04]
F.
Required area or space. No lot, yard, parking area or other space
shall be reduced in area or dimension so as to make said area or dimension
less than the minimum required under this chapter. If already less
than the minimum required under this chapter, said area or dimension
shall not be further reduced.
G.
Temporary structures. Temporary structures such as tents, platforms,
reviewing stands and other similar structures are prohibited, except
that the Zoning Officer may issue a temporary permit for a period
of seven days or less when, in his opinion, the same would be of sound
construction, would not create any hazard and would not interfere
with any movement of traffic within the municipality. This subsection
shall not apply to the municipal government and its boards and agencies
and the Board of Education with respect to their properties.
H.
No driveway for any lot within the Borough shall be closer than five
feet to any adjacent lot or lot line, excluding that portion of a
lot line that abuts a dedicated and accepted right-of-way.
