Article V General Regulations

The keeping of animals which either annoy, disturb, injure or endanger the comfort, repose, health, peace or safety of others is prohibited.

Animal hospitals are prohibited.

Commercial kennels, including kennels for breeding or boarding, are prohibited.

(4)

Slaughter and commercial reduction of inedible animal matter is prohibited.

(5)

Farm animals, including poultry, shall be confined within property lines, and pigeons, except homing pigeons, shall be confined to appropriate enclosures.

(6)

Only products grown on the premises may be sold from farmers' roadside stands and these stands shall be removed at the end of the growing season.

(7)

No occupation, trade, business, service or industry for profit shall be conducted within a private garage.

No accessory building shall be occupied for residential purposes.

[Amended 3-18-1986 by Ord. No. 981]

On corner lots and except for garages and private swimming pools in residential zones, accessory buildings shall be located only on the rear half of the property and shall be located only in the fourth of the lot furthest removed from any street.

[Amended 11-15-1982 by Ord. No. 885]

Whenever a buffer strip is required by this chapter, it shall be maintained and the planting shall be replaced if it dies.

Drive-in restaurants, curb-service restaurants and all other eating places serving food for consumption on the premises but outside an enclosed building are prohibited, and outside service counters, service windows and other means of servicing patrons outside a restaurant, tavern or eating place are prohibited; provided, however, nothing contained in this subsection shall be deemed to prohibit the sale of food or refreshments or refreshment stands at authorized fairs, carnivals and the like.

[Amended 9-7-2004 by Ord. No. 1477]

Excavation and soil removal.

[Amended 9-7-2004 by Ord. No. 1477[1]]

Application for soil removal permits shall include a reasonably accurate drawing of the lot from which the soil is proposed to be removed. The application shall indicate the proposed quantity of soil to be excavated and removed and shall also contain the following information and shall be certified as to accuracy by a licensed engineer:

Existing and proposed contour lines at appropriate intervals.

A description of the existing natural growth and any topographic or geologic features which may characterize the property.

Natural drainage features.

The location of any existing or proposed structures on the property.

A detailed statement of the method or process to be employed for the excavation and the proposed time period for the removal.

Such additional information as reasonably may be required by the Township Engineer or Planning Board in order to carry out the intent of this Chapter.

Particular consideration shall be given to the following factors:

Soil erosion by water and wind.

Drainage.

Soil fertility.

Lateral support of slopes and grades of abutting streets and lands.

Land values and uses.

Such other factors as may bear upon or relate to the orderly and harmonious physical development of the Township.

Special findings. The Planning Board shall not recommend and no soil removal permit shall be granted unless there is a finding that adequate provision is made for the following:

There is appropriate provision for safety, including appropriate access points for the area to be excavated.

The excavation will not unreasonably denude the property and the excavated area will be appropriately replanted after the soil removal.

The excavation will not cause excessive erosion or deleteriously affect soil fertility.

Adequate provision shall be made to prevent any surface waters from damaging the surface of the excavation or the sloping surface of a cut or fill and otherwise adequate provisions have been made for surface and subsurface drainage.

The excavation shall not be made so close to a property line as to damage or endanger any adjoining property.

Grades and elevations of adjoining streets and lands shall not be adversely affected, and such other factors as may relate to appropriate physical development of the Township and the Master Plan shall be considered and provided for.

(g)

Excavation will not extend over an unreasonable period of time, and a prerequisite to the issuance of a permit for such soil removal shall be the filing with the Township of an appropriate surety bond for the benefit of the Township and any person suffering loss or injury by reason of any violation of applicable laws, ordinances or the conditions imposed in connection with the granting of such a soil removal permit.

§ 186-23 Regulations applying to specific zones.

Editor's Note: This ordinance also renumbered this subsection from § 186-36B to a new § 186-22T.

No business or commercial establishment to which the public is invited shall be open between the hours of 1:00 a.m. and 5:00 a.m., Eastern standard time. The above prohibition shall not apply to the limited sales by a commercial establishment of medicine, prescription drugs, first aid products, or infant care products. No other products, goods or services may be sold by the commercial establishment during such hours. In addition, the above prohibition shall not govern establishments with a plenary retail consumption license which operates a restaurant upon the licensed premises, which shall be governed by Chapter 82, § 82-4.

[Added 2-15-2011 by Ord. No. 1635; amended 6-21-2016 by Ord. No. 1803]

No individual, firm, corporation or business entity shall transport snow to or store snow on property other than the property on which the snow originated. However, an owner of property within Wyckoff may transport snow from such property onto another Wyckoff property under the same ownership. Notwithstanding the above, the Township of Wyckoff and all governmental agencies shall have the right to transport the snow removed from the public rights-of-way.

[Added 7-15-2014 by Ord. No. 1746]

Where a newly proposed street abuts an adjacent residential developed parcel, there shall be a minimum buffer of 50 feet located between the residential parcel and the nearest curbline or edge of the newly proposed street.

[Added 2-20-2018 by Ord. No. 1848]

All classes of cannabis establishments, cannabis distributors and/or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16, are hereby prohibited in all zoning districts, except for the delivery of cannabis items and related supplies by a cannabis delivery service based and initiated from outside the Township of Wyckoff.

[Added 7-17-2018 by Ord. No. 1860; amended 7-20-2021 by Ord. No. 1941]

Private garages.

[Amended 3-6-1984 by Ord. No. 917; 12-30-1985 by Ord. No. 973; 4-15-1986 by Ord. No. 986]

There shall be erected with every dwelling at least a one-car garage which may be attached to, detached from, or constructed beneath the dwelling. Such garage shall be limited only to any of the following uses:

Storage of passenger motor vehicles, recreational vehicles, boats or other noncommercial personal property.

Storage of one commercial vehicle or light utility trailer.

Detached garages may not exceed 20 feet in height.

Storage sheds. Upon lots in residential zones containing single- and two-family residences, one detached, fully enclosed storage shed shall be permitted in addition to other permitted accessory buildings. Such storage sheds shall be limited to a maximum floor area of 80 square feet, a maximum height of 10 feet and shall be located in accordance with the following requirements:

[Added 6-19-1990 by Ord. No. 1099[1]]

On an interior lot fronting on only one street, such storage shed shall be located on the rear half of the lot.

On interior lots fronting on two or more streets, such storage shed may not be located on that fourth of the lot depth nearest each and every street.

On a corner lot fronting on two streets, such storage shed shall be located on that quadrant located furthest from the two streets.

(4)

On a corner lot fronting on three streets, such storage shed may not be located upon that fourth of the lot depth nearest each and every street.

(5)

No such storage shed shall be located within six feet of the rear or side lot line.

(6)

No such storage shed shall be used for human habitation.

(7)

No storage shed shall be erected or constructed unless a shed zoning permit is first obtained.

[Added 11-20-2000 by Ord. No. 1363]

Editor's Note: This ordinance also provided that former Subsection B through N be designated as Subsections C through O.

Private swimming pools and tennis courts.

[Added 11-15-1982 by Ord. No. 885; amended 6-13-1989 by Ord. No. 1068]

Private swimming pools for use by the residents and guests are permitted accessory uses in all residential zones. No floodlights or lights shall be used or maintained in connection therewith in such a manner as to create a direct glare visible outside the boundaries of the lot upon which the pool is constructed. Every person owning land on which there is situated a swimming pool which contains 24 inches or more of water in depth at any point shall erect and maintain an adequate enclosure, either surrounding the property or pool area, sufficient to make such body of water inaccessible to small children. All gates and fences must comply with the standards and requirements of the Uniform Construction Code of the State of New Jersey.

[Amended 7-20-2010 by Ord. No. 1626]

Tennis courts, when used exclusively for private residential purposes only, are permitted accessory uses in residential zones, provided that they shall be located to the rear of the principal building and shall be a minimum distance of 20 feet from the rear and side lot lines. In all instances on corner lots, tennis courts shall not be located any closer than 35 feet from either street. Chain-link fences may be erected in connection with tennis courts, but in no case, more than 10 feet in height nor closer than 20 feet to the side and rear lot lines, and further provided that illuminating lights may be installed if they comply with the following requirements:

Twenty feet from the rear and side lot lines and no closer than 40 feet to the nearest residential dwelling.

At all times, the lighting intensity at the property lines shall be a maximum of 0.15 footcandle. This measurement shall be conducted in accordance with generally accepted engineering standards, and the measurement shall include and be the sum of the combined illumination of the tennis court lighting, other lighting on or off the property and lighting from any natural light sources.

Lighting on tennis courts shall not be permitted after 10:00 p.m., except on Friday and Saturday evenings, when lighting will be permitted until 11:00 p.m.

Fixtures shall be of a type and shall be mounted and shielded in such a manner so as to prevent the light source from being visible off the property.

The mounting height of lighting fixtures shall not exceed 25 feet or the height of the principal building, whichever is less.

The rear and sides of the tennis court shall be screened from public view by a buffer strip in accordance with the definition of buffer strip, as contained in § 186-6 of this chapter.

No commercial vehicle may be parked outdoors on private property in any residential zone at any time between the hours of 1:00 a.m. and 5:00 a.m.

[Amended 9-21-1993 by Ord. No. 1177; 2-10-1998 by Ord. No. 1279]

No unlicensed or partially dismantled motor vehicle may be parked out of doors on private property in a residence district for more than 72 hours.

In the B-1, B-2 and B-3 Zones, the total width of access driveways shall not exceed 40% of the minimum lot frontage as specified in the schedule of permitted uses and dimensional requirements attached hereto. However, in the B-1A Zone, the total width of access driveways shall not exceed 40% of actual frontage for any lot which has no interior-block parking; in the B-1A Zone for lots which have access to interior-block parking, access shall be limited to the points designated in the design of the interior lot.

In the B-1, B-2 and B-3 Zones where the rear of any developed lot is adjacent to a public street, the rear shall be screened from public view by a buffer strip. (See definition of "buffer strip" for requirements of same.) However, in the B-1A Zone, there shall be a ten-foot planting strip where rear of any developed lot or street side of any corner lot abuts a public street.

In the B-1, B-2 and B-3 Zones, all developed lots shall be suitably landscaped and planted for a depth of at least 10 feet along the front property line and along any side line which is adjacent to a public street. However, in the B-1A Zone on all developed lots, the entire front yard shall be suitably landscaped for a depth of 20 feet from the front property line.

In the L-1 and L-2 Zones, off-street parking areas shall be provided in other than the front yard required in the schedule of permitted uses and dimensional requirements attached hereto. Those portions of the front, side and rear yards that are not used for off-street parking shall be attractively planted with trees, shrubs, plants and grass lawns as required by the Planning Board and Shade Tree Commission.

In the B-1A Zone, off-street parking areas may not be located in any front yard nor closer than 2 1/2 feet to any rear lot line nor closer than five feet to any side lot line.

All developed lots in the B-1, B-2, B-3, B-5, B-5/SDAH-2, L-1 and L-2 Zones which are adjacent to a residential zone shall be insulated and screened from such residential zone by a buffer strip. (See definition of "Buffer Strip" for requirements of same.) However, in the B-1A Zone where a nonresidential use abuts a residential use, the abutting lot line must contain a planting strip or a six-foot high stockade fence abutting the property line.

[Amended 4-17-1979 by Ord. No. 795; 1-17-2006 by Ord. No. 1519]

Outdoor display or storage of products, merchandise, or other goods within the B-1, B-1A, B-2, B-3, B-5, B-5/SDAH-2, L-1, and L-2 Zones.

[Amended 11-16-2015 by Ord. No. 1785]

Within the B-1, B-1A, B-2, B-3, B-5, B-5/SDAH-2, L-1, and L-2 Zones, there shall be no outdoor display or storage of products, merchandise, or other goods. Notwithstanding the preceding sentence, the following will be permitted:

[Amended 8-2-2016 by Ord. No. 1808]

The display of live plants between the hours of 7:00 a.m. and 6:00 p.m.

Seasonal decorations that do not include products or merchandise for sale, for no more than 30 consecutive days.

The display of merchandise in connection with special sales, up to six consecutive days and no more than five times per year, within the hours of 7:00 a.m. and 6:00 p.m., upon the submission and approval of a written application to the Township Committee.

The display of outdoor decorative items for sale, located in the rear yard and outside of any parking areas.

With respect to displayed items as permitted above, an unobstructed paved surface for pedestrian traffic, at least six feet wide, shall be maintained upon any private sidewalk or sidewalk within the public right-of-way.

In the L-1 and L-2 Zones, there shall be no shipping or receiving of products, merchandise or other goods between 10:00 p.m. and 7:00 a.m., prevailing time.

In the B-1, B-1A and B-2 Zones, the outdoor display of more than three new or used motor vehicles and the outdoor storage of new or used motor vehicles within the public view are prohibited.

In the B-1 and B-1A Zones, mixed commercial-residential uses shall be permitted on a lot, provided that it shall be limited to a single building, and provided further that the residential use must be limited to two in number and located on the second floor. The term "floor," for the purposes of this provision, shall mean the cubic area within any room or area in the building, extending from the bottom horizontal plane surface in such room or area upon which a person may walk, to the ceiling of such room or area. For purposes of limiting the density of residential and parking usages in this zone, the height of any floor shall not be greater than nine feet, and no floor above the second floor in any building in this zone shall be used for anything other than as a storage attic. No bedroom, living room or area, bathroom or other similar facility intended for human habitation or use shall be located or used on the third or any higher floor in any building in this zone.

[Added 10-7-1980 by Ord. No. 830; amended 12-19-1989 by Ord. No. 1080; 10-7-2014 by Ord. No. 1751]

Maximum impervious coverage. The maximum allowable coverage for the combined building and impervious surface area for single-family and two-family residential lots shall be determined as follows:

[Added 2-19-2008 by Ord. No. 1576]

For lots less than 10,000 square feet in area, the maximum percentage of allowable impervious coverage shall be 45% of the lot area.

For lots over 25,000 square feet in area, the maximum percentage of allowable impervious coverage shall be 28.5% of the lot area.

For lot areas between 10,000 square feet and 25,000 square feet in area, the maximum percentage of allowable impervious coverage shall be equal to 45 divided by the square root of the lot area.

§ 186-24 Performance standards.

Performance standards for L-1 and L-2 Zones.

Applications for all building permits and certificates of occupancy in L-1 and L-2 Light Industry Zones shall not be considered until the Zoning Officer receives a complete application for a zoning permit and reviews said application and approves a zoning permit. The applicant shall submit a complete zoning permit application on forms provided by the Zoning Officer and attach the property's approved site plan. Such application shall include a description of the proposed machinery, operation and products, and an affidavit by the applicant acknowledging his understanding of the applicable performance standards and agreement to conform to such standards at all times. No construction permit or certificate of occupancy shall be issued by the Construction Official until the Zoning Officer determines that a zoning permit has been issued. No zoning permit shall be issued nor shall any construction permit or certificate of occupancy be issued unless the Zoning Officer has ascertained that the performance standards set forth in the Land Subdivision and Site Plan Review Ordinance[1] and this chapter have been complied with. If there is any reasonable doubt as to the likelihood of the intended use conforming to the performance standards, the Zoning Officer shall request a deposit of $500 to be submitted, which will be used to defray the cost of the special reports required for processing. The Zoning Officer shall refer the application for investigation and report to one or more experienced consultants selected by the Township Committee as qualified to advise on conformance with the required performance standards. Such consultants shall make their report within 30 days after their receipt of such application. A copy of such report shall be promptly furnished to the applicant.

[Amended 10-2-2001 by Ord. No. 1399]

Editor's Note: See Ch. 168, Subdivision and Site Plan Review.

Performance standards. Every use in the L-1 and L-2 Zones shall meet the following minimum standards, and the applicant shall, upon request, furnish reports prepared by competent technical experts on any or all of the following:

Sound. The sound-pressure level of sound radiated from an establishment shall not at any point on the lot line exceed the values in any octave band of frequency that are specified in Table I below, or in Table I as modified by the correction factors set forth in Table II below. The sound-pressure level shall be measured with a sound-level meter and an associated octave band analyzer conforming to standards prescribed by the American Standards Association.

Table I Maximum Permissible Sound-Pressure Levels Measured re 0.0002 dyne per CM2
Frequency Band (cycles per second)	Decibels
20 - 75	74
75 - 150	59
150 - 300	52
300 - 600	46
600 - 1,200	42
1,200 - 2,400	39
2,400 - 4,800	35
4,800 - 10,000	32

Table II — Correction Factors
Condition	Correction in Decibels
On a site contiguous to or across a street from the boundary of any residence district established by this chapter or the Zoning Ordinance of any other municipality	Minus 5
Operation between the hours of 10:00 p.m. and 7:00 a.m.	Minus 5
Sound of impulsive character (e.g., hammering)	Minus 5
Sound of periodic character (e.g., hum or screech)	Minus 5
Sound source operated less than:
10% in any one-hour period	Plus 5*
2% in any one-hour period	Plus 10*

* NOTE: Apply only one of these corrections. All other corrections, including any of the starred corrections, are cumulative.

Vibration. No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at any point beyond the lot lines on which the use causing the vibration is located. At the lot line the maximum peak acceleration in g units caused by or resulting from any use shall be less than 0.005 V f. No vibration at any time shall result in any combination of amplitudes and frequencies at or beyond the lot line or on any structure beyond the lot line that exceeds the value as determined by the maximum acceleration as computed above and from Table 7, United States Bureau of Mines Bulletin 442.

Smoke. There shall be no emission into the atmosphere from any operation of visible gray smoke of a shade darker than No. 2 on the Ringelmann Smoke Chart as published by the United States Bureau of Mines. These provisions applicable to visible gray smoke shall also apply to visible smoke of any other color but with an equivalent apparent opacity. The use of Bunker C fuel oil is prohibited.

Other air pollutants. There shall be no emission of fly ash, dust, dirt, fumes, vapors or gases into the atmosphere from any operation to any extent that could cause any damage to adjacent properties or to the public health or to animals or vegetation or to other forms of property, or which could cause any excessive soiling at any point; and in no event shall there be any such emission of solid or liquid particles in concentrations exceeding 0.3 grains per cubic foot of the conveying gas or air, nor of acid gases in excess of 0.2% by volume. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to stack temperatures of 500° F. and 50% excess air.

Odor. There shall be no emission of odorous gas or any other odorous material beyond the property lines of the property on which the use is located.

Radioactivity. There shall be no radioactive emission beyond the confines of any building or structure. Any use of radioactive materials shall comply with Standards for Protection Against Radiation as formulated by the Atomic Energy Commission and set forth in the Federal Register, Title 10, Part 20 (January 29, 1957).

(g)

Electrical interference. There shall be no electrical disturbance adversely affecting the operation of any equipment other than that of the creator of such disturbance.

(h)

Glare. There shall be no direct or sky-reflected glare, whether from floodlights or from high-temperature processes (for example, combustion or welding), so as to be visible from within any residential district established by this chapter or by the Zoning Ordinance of any other municipality.

(i)

Waste. Liquid wastes and effluents shall be discharged into a treatment plant which complies with all state and local health requirements.

Scope of performance standards. Within the L-1 and L-2 Zones, lands, buildings and structures may only be used in accordance with the performance standards set forth above, and buildings and structures established prior to the adoption of this chapter and nonconforming industrial uses in any district shall be deemed to be subject to the performance standards set forth above.

Enforcement of performance standards. It shall be the duty of the Zoning Officer to enforce the performance standards provided for above. The Zoning Officer shall have the right to make reasonable inspections of any premises in order to carry out his duties and the right to enter any building during the daytime or any other time of operation in the course of his duties. He shall order in writing that any conditions found to exist in violation of this chapter be remedied. It is recognized that enforcement of the performance standards may require the use of special personnel and/or equipment, and the Township Committee shall make available to the Zoning Officer the necessary expert personnel and/or equipment if in his considered judgment there is a possible violation of the performance standards. However, if there is reasonable doubt in the Zoning Officer's mind regarding a violation, and in order to prevent arbitrary, capricious and unreasonable administration and enforcement of the performance standards, the Zoning Officer may, in his discretion, serve written notice, by registered or certified mail, on any person, firm or corporation suspected of violating the performance standards. Such notice shall describe the suspected violation and shall require a satisfactory answer and/or correction within a time limit set by the Zoning Officer, not to exceed 30 days. If a satisfactory answer is not received or satisfactory corrective action is not taken within the prescribed time, the Zoning Officer shall forthwith take all necessary action to determine whether there is a violation of the performance standards and to enforce this chapter without further delay. If there is an answer to the written notice served by the Zoning Officer within the prescribed time and corrective measures are proposed by the person, firm or corporation violating the chapter, the Township Committee may allow such period of time as is reasonable under the circumstances for completion of the corrective measures.

[Amended 10-2-2001 by Ord. No. 1399]

§ 186-25 Cost of expert findings.

[Amended 10-2-2001 by Ord. No. 1399]

If it is necessary for the Zoning Officer to cause expert findings to be made in connection with a violation of the performance standards and if the expert or experts, as the case may be, find that a violation exists, then the cost of the expert's services shall be paid by the violator upon written demand therefor by the Township Committee. However, if the experts find that this chapter is not being violated, then the cost of the expert's services shall be paid by the Township.[1]