Each of the provisions of this article shall apply to all zone
districts, unless otherwise stated.
A.
Accessory buildings and structures as part of principal buildings.
Any structure, building and/or part of a building and/or structure
attached to a principal building shall adhere to the yard requirements
for the principal building.
B.
Constructed after principal building. No accessory building or structure
may be built on any lot on which there is no principal building.
C.
Distance from property lines. No accessory building or structure
shall be located within the front yard. Accessory buildings and/or
structures shall comply with the minimum distance from the side and
rear property lines as contained herein.
D.
Area of accessory buildings. The total ground floor area of all accessory
buildings on a lot shall not exceed the ground floor area of the principal
building and may not occupy more than 25% of the required rear yard,
whichever is smaller.
E.
Dwellings prohibited. No accessory building or structure shall be
used as a dwelling.
F.
Accessory pool cabana. Pool cabana structures shall be subject to
the following:
[Added 4-27-2021 by Ord.
No. 2021-47]
(1)
An accessory pool cabana is permitted to be a one-story, ground-level,
detached accessory structure enclosed with a roof, serving a lawfully
existing and approved swimming pool on a residential property.
[Amended 7-20-2021 by Ord. No. 2021-54]
(2)
Only one accessory pool cabana is permitted per residential
property.
(3)
Such a structure shall be used only for recreational or storage
purposes associated with the principal residential use of the property.
(4)
The pool cabana structure shall not contain a bedroom and/or
similar living quarters, and shall not contain such accommodations
to be defined as having a full-service kitchen. A toilet, sink and
exterior (only) shower are permitted. HVAC installation, air conditioners,
and heating or cooling systems or equipment are prohibited.
[Amended 7-20-2021 by Ord. No. 2021-54]
(5)
In addition, a cabana shall comply with the following maximum
dimensions:
|
Lot Size
(square feet)
|
Maximum Cabana Size
(square feet)
|
|---|---|
|
6,500 to 22,000
|
150
|
|
22,001 to 43,000
|
200
|
|
43,001 and greater
|
300
|
(6)
A deed restriction containing the following language is to be
filed with the Bergen County Clerk's Office for the property containing
the accessory pool cabana stating minimally the following:
The grantor and grantee specifically represent and warrant that
this deed contains a deed restriction whereby the cabana use will
not contain bedrooms and/or living quarters, full-service kitchen
or be used for sleeping. This deed restriction is intended to prohibit
conversion to a habitable space.
In the R-1, R-2, R-3 and R-4 Zones, only one building shall
be used as a dwelling per lot.
Nothing herein contained shall require any change in plans,
construction or designated use for which a building permit has been
heretofore issued and the construction of which shall have been diligently
pursued within three months of the date of such permit, and the ground
story framework of which, including the second tier of beams, shall
have been completed within six months of the date of the permit.
If a building is located diagonally on a lot facing two streets,
the yards adjoining both streets shall comply with the front yard
requirement.
The conversion of any existing dwelling to a business use shall
comply with the district regulations of this chapter and shall be
subject to the review and approval of a site plan prior to the issuance
of the building permit.
No permit shall be granted for a building or use if the design
or construction of same is likely to involve exceptional risk of traffic
congestion, public safety or hazard.
No permit shall be granted for a building or use until the applicant
has complied with all federal and state statutes, rules and regulations
with respect to permitted distances from existing wells, infiltration
gallery, spring or similar source of groundwater now or hereafter
developed for a public water supply system.
All lots being filled shall be filled with topsoil and/or clean
fill to allow complete surface draining of the lot into local storm
sewer systems. No construction shall be permitted which creates or
aggravates water stagnation or a drainage problem.
All properties shall be suitably landscaped, except for areas
covered by buildings or surfaced as parking or service areas. All
landscaping shall be properly maintained throughout the life of any
use on any lot.
[Amended 7-20-2021 by Ord. No. 2021-53]
A.
Purpose The provisions of this section shall apply to all principal
and accessory uses or activities permitted within a residential district
or within 200 feet of a residential district boundary line. Any outdoor
lighting shall be adequately shielded and directed away from the adjoining
properties and shall not create an unsafe condition. Any public address
system or loudspeaker device which can be heard beyond the property
line is specifically prohibited. Ornamental landscape structures shall
be permitted as set forth below.
B.
Ornamental landscape structures shall mean an accessory structure
placed year-round in a fixed location in a yard or open space to provide
a decorative or ornamental element to the grounds and gardens of the
principal use. Ornamental landscape structures shall include entry
posts or stanchions and other such structures, whether or not they
provide lighting.
C.
Requirements and limitations. Ornamental landscape structures are
permitted in any residential zone as an accessory structure, subject
to the following requirements:
(1)
Ornamental landscape structures must be located in the front yard within six feet of the front property line or setback as defined in Subsection C(5) below.
(2)
A maximum of two ornamental landscape structures are permitted per
driveway entrance and must be located entirely on the subject property.
(3)
Ornamental landscape structures shall not exceed five feet high and
shall not exceed four feet in width in any direction. A lighting fixture,
lamppost, or luminary is permissible, but the top of the fixture may
not exceed seven feet from the base of the ornamental landscape structure.
(4)
The maximum height of the ornamental landscape structure shall be
measured from the lowest point at ground level.
(5)
Ornamental landscape structure setback requirements.
(a)
Ornamental landscape structures are not allowed in the public
right-of-way and must be wholly within the lot line boundaries.
(b)
Minimum required front setback from the edge of the street pavement
for all ornamental landscape structures for lots with or without a
sidewalk shall be the greater of six feet or the distance between
the edge of pavement and the right-of-line. All ornamental landscape
structures must be installed behind the sidewalk, if a sidewalk exists.
(c)
In the event that a sidewalk is installed subsequent to the
installation of an ornamental landscape structure, it is responsibility
of the property owner to comply to the setback rules for properties
with sidewalks at the expense of the property owner.
(6)
The entrance space created by or between any ornamental landscape
structure shall provide for a minimum of 15 feet of clear and unobstructed
space around it at all times and shall further provide enough space
to allow emergency service vehicles clear access to the property.
(7)
Fencing as per the existing zoning ordinance may be attached to the
stanchions.
(8)
Zoning and construction permits shall be required before installation
of any ornamental landscape structure.
No structure shall be built within 50 feet of the bed of a stream.
No building shall be constructed on land subject to periodic overflow
or on land which has an average water table within two feet of the
ground surface. No person shall strip, excavate or otherwise remove
topsoil for sale or other use other than on the premises hereinafter
specified. Existing natural features, such as trees, brooks, drainage
channels, rock outcrops and views, shall be retained. Whenever such
features interfere with the proposed use of such property, a retention
of the maximum amount of such features consistent with the use of
the property shall be required wherever possible at the discretion
of the Planning Board. Natural waterways are not to be altered.
A.
All unusable objects or discarded materials stored out of doors must
be removed within five days after written notice shall have been given
by the Construction Code Official.
B.
Boats, trailers, airborne vehicles, campers or other recreation vehicles
are not permitted to be stored or displayed out of doors in any district.
C.
Motor vehicles or other mechanical equipment which are not operative
or are unregistered shall not be permitted to be stored out of doors
in any residential district for a time longer than that normally required
for proper disposition, but in any event not to exceed 30 days.
D.
In all nonresidential zones, outdoor storage is only permitted in
the side and rear yards, as herein regulated. No article, equipment,
vehicle, supplies or materials shall be kept, stored or displayed
outside the confines of any building unless and until the same is
screened by special planting or fencing, as pursuant to Chapter 22,
Fences,[1] and as approved by the Planning Board, and maintained
in good condition so that it shall not be visible from any adjacent
property or public street. Any fence required to screen the outdoor
storage of flammable material otherwise permitted by this chapter
shall not be closer than 20 feet to any property line on the lot upon
which it is erected.
The storage of refuse outside a structure shall be in tightly
closed containers located no closer than 10 feet to the property line
or the setback prescribed for accessory buildings in that district,
whichever is greater. All areas provided for the outside storage of
refuse shall be screened so that it is not visible from the public
street or adjoining property.
[Amended 12-16-2003 by Ord. No. 881]
On a corner lot in any residential district, no fence, wall,
hedge or other structure or planting more than 30 inches in height
from the normal ground level shall be erected, placed or maintained
within the triangular area formed within 15 feet of the point of intersection
of the front and corner side lot lines unless otherwise specified
in accordance with the New Jersey Residential Site Improvement Standards.
A.
In all R-1 Residential Districts, there shall be at least one enclosed
two-car garage for each dwelling unit hereafter erected or altered
to be located on the same lot, which shall not thereafter be altered
or converted without the erection of an equivalent enclosed garage.
Not more than one commercial vehicle with a maximum capacity of 1 1/2
tons owned or used by a resident on the premises shall be permitted,
and it shall be kept in a garage at all times when not in use.
B.
In all other residential districts, there shall be at least one enclosed
single-car garage for each dwelling unit hereafter erected or altered,
which shall not thereafter be altered or converted without the erection
of an equivalent enclosed garage. Not more than one commercial vehicle
with a maximum capacity of 1 1/2 tons owned or used by a resident
on the premises shall be permitted, and it shall be kept in a garage
at all times when not in use in accordance with the above requirements.
C.
In all residential districts where there is more than one garage
space per dwelling unit, no more than two garage spaces may be rented
to other than occupants of the premises, and not more than one commercial
vehicle shall be stored therein. Any commercial vehicle, boat, airborne
vehicle, camping vehicle or trailer shall be garaged in a building
of permanent construction.
D.
No garage space may be used by an occupant or owner of the premises
or rented or leased for commercial purposes of any kind.
[Amended 6-26-2001 by Ord. No. 841; 5-25-2010 by Ord. No. 962]
No auction sales of personal property shall be conducted in
any residential district. Auction sales in other districts shall receive
the approval of the Mayor and Council. Upon payment of $25 to the
Borough Clerk, a permit may be issued for a period of 48 hours. No
auction sales shall be permitted to be held out of doors. All items
must be stored within a building. Nonprofit or charitable organizations
are excluded from the payment of fees. Private garage, yard, driveway
or similar sales may be conducted in any district on any day and shall
be permitted to be held out of doors between the daylight hours of
9:00 a.m. and 8:00 p.m. A permit shall be obtained from the Borough
Clerk upon payment of a fee of $10. Private garage sales shall be
restricted to the sale of personal property. There shall be no more
than two garage sales per year, one between January 1 and June 30
and one between July 1 and December 31; provided, however, that there
shall be at least 30 days between sales, and no sale shall exceed
48 hours unless special permission is granted by the Mayor and Council.
No vending or coin-operated machines of any description or for
whatever purpose shall be permitted in any district unless they are
installed within a building, except for public communication systems
(telephones). Public communication systems may be permitted out of
doors in any district upon written application to the Mayor and Council
for location and approval.
No coin-operated dry-cleaning stores, laundromats or other similar
self-service establishments will be permitted unless a full-time attendant
is on the premises at all times when open for business.
[Added 7-27-1999 by Ord. No. 818]
Home occupations shall be permitted as accessory uses in all
residential districts in a manner that will not impact upon adjacent
properties. Home occupations shall conform to the following standards:
A.
The home occupation shall be conducted entirely within the principal
building.
B.
The home occupation shall be clearly incidental and subordinate to
the use of the dwelling for residential purposes and shall be limited
to not more than 25% of the gross floor area of the first floor or
400 square feet, whichever is smaller.
C.
The home occupation must be conducted by a person who occupies the
premises as his or her principal residence.
D.
No employees are permitted other than members of the immediate family
who reside on the premises.
E.
There shall be no outdoor storage of materials or equipment. Merchandise
shall not be displayed or offered for sale either within or outside
of the residence.
F.
No persons shall be permitted on the property regarding the office
area other than people making deliveries or service calls as otherwise
might occur on the property regarding the dwelling unit. There shall
be two exceptions permitted under this subsection:
G.
A home occupation shall be carried on wholly within the principal building. No home occupation or storage in connection with the home occupation shall be allowed in accessory buildings or detached garages, driveways, walkways or yards, except as permitted by Subsection E above.
H.
There shall be no change in the outside appearance of the dwelling
or premises or any visible evidence of the conduct of a home occupation.
No advertising displays or signs shall be permitted.
I.
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, television
receiver or telecommunication device off the premises. No hazardous
or toxic materials, as defined by state or local codes, shall be stored
on the premises.
J.
There shall be no delivery vehicles other than associated with the
residential use on site.
K.
All parking of motor vehicles for the persons engaged in the home
occupation and for business visitors shall be provided on the premises.
On-street parking for business visitors is prohibited.
L.
The occupant who conducts the home occupation must apply for and
obtain a zoning permit prior to commencement of the home occupation.
[Added 7-27-1999 by Ord. No. 818]
A.
No person, association of persons or corporation shall hereafter
conduct or operate any home occupation in the Borough of Ho-Ho-Kus,
as permitted under this chapter, without first having obtained a certificate
of registration from the Building Department, indicating that all
requirements pertaining to building, zoning, fire and health codes
of the Borough have been complied with.
B.
The fee for a certificate of registration issued pursuant to this
chapter shall be $25.
[Added 12-16-2003 by Ord. No. 882]
In all residential zones, all driveways accessory to residential
dwellings shall comply with the following requirements:
A.
Driveways shall be permanent in nature and constructed of crushed
stone, asphalt, concrete or similar material.
B.
The width of the driveway shall be at least eight feet, and shall
not exceed 20 feet within 16 feet of the curb line, including any
adjacent parking areas or turning areas. The driveway may be widened
to no more than 35 feet thereafter. Notwithstanding the foregoing,
the width of circular or curved driveways shall not exceed 12 feet.
The driveway shall be measured perpendicular to the normal direction
of travel. If a residence has a three-car garage, a driveway width
of not more than 32 feet shall be permitted from the entrance of the
garage to 20 feet past the garage entrance, then transition to 25
feet wide (or 20 feet wide within 16 feet of the curb line) over the
next five feet of length.
[Amended 3-26-2019 by Ord. No. 2019-22]
C.
The width of curb cuts for driveways shall not exceed 20 feet.
D.
No more than two driveways shall be permitted on any property developed,
or intended to be developed, as a residential dwelling. A circular
or curved driveway is permitted if connected to the one permitted
driveway.
E.
If a driveway or driveways require(s) more than one curb cut, the
distance between such cuts shall be at least 50 feet.
F.
No driveway may be located between a dwelling unit and any street
upon which the subject property has frontage, except in the following
situations:
G.
No driveway shall be closer to any side property line than 10 feet
in the R-1 and R-2 Zones. In the R-3, R-4 and R-5 Zones, no driveway
shall be closer than five feet to any side property line.
H.
If curbs are installed along any driveway, a stormwater management
collection system must be constructed in accordance with Chapter 66,
Stormwater Management, and shall be approved by the Borough Engineer.
I.
When driveways are repaired, rebuilt, renovated or constructed and
where they intersect with the street, the curb cut shall match the
existing street curbing in order to support the integrity of the existing
street and shall be approved by the Borough Engineer.
J.
No driveway shall provide for access to or from a public street through
the rear yard of any property.
[Added 12-18-2012 by Ord. No. 1012]
K.
A parking space or parking area which is separate from the driveway
shall not be permitted in front, side or rear yard required setbacks.
[Added 3-26-2019 by Ord.
No. 2019-22]
