[Amended 10-20-1986 by Ord. No. 86-16]
The restrictions and controls intended to regulate construction and use of buildings and structures in each zoning district are set forth in the district use regulations in Article II and in the attached Schedule of Area, Bulk and Yard Requirements, hereby declared to be a part of this chapter.[1]
[1]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included as an attachment to this chapter.
[Amended 10-20-1986 by Ord. No. 86-16]
No building or structure shall hereafter be erected, altered,
converted, enlarged or reduced wholly or in part, except in conformity
with this chapter.
Where a lot is formed from a part of a lot already occupied
by a building, such subdivision shall be effected in such a manner
as not to impair any of the requirements of this chapter with respect
to the existing building and all yards and other open space in connection
therewith and so that all resulting lots have adequate dimensions
consistent with the requirements of the zone wherein they are located
and so that all lots have frontage on a street.
Any use not specifically designated as a principal permitted
use, an accessory use or any conditional use is specifically prohibited
from any zone district in the Borough.
All principal buildings in all districts shall be clearly identified
as to street number or other identification, such as post office number,
by means of a small unobstructed sign clearly visible and legible
from the main abutting street.
Nothing in this chapter shall require any change in the plans,
construction, size or designated use of any building, structure or
part thereof for which any building permit has been granted before
August 19, 1982, provided that construction from such plans shall
have been started within 60 days after August 19, 1982, and shall
be diligently pursued to completion.
Except as specified in § 530-34, any use, building or structure existing on August 19, 1982, may be continued, even though such use, building or structure may not conform to the provisions of this chapter within the district in which it is located.
[Amended 10-20-1986 by Ord. No. 86-16; 8-8-2000 by Ord. No. 2000-18; 9-18-2007 by Ord. No. 2007-12;6-16-2015 by Ord. No. 2015-12; 7-18-2019 by Ord. No. 2019-8; 12-1-2021 by Ord. No. 2021-15]
A.
For the purposes of this section, an engineered retaining wall necessary
to hold back the earth of the subject property or an adjoining property
shall not be considered a wall.
B.
No wall or fence of any type shall be permitted in any front yard,
except that in the case of residential lots on which the house is
sited to the extreme rear of the lot such that the rear yard measures
less 10 feet from the rear property line to the house, the Zoning
Officer shall be empowered with the discretion to issue a permit for
the construction of a fence in the front yard, provided it meets all
other requirements of this section, is not located within 12 feet
of the front property line, and is not more than four feet in height.
C.
A wall or fence erected along the front lines of a main structure
or along the side yard lines from the front line of a main structure
to the midpoint of such main structure and within such lines shall
not exceed four feet in height.
D.
A wall or fence erected along the side yard lines from the midpoint
of a main structure to the rear property line and along said rear
property line and within such lines shall not exceed six feet in height.
E.
Fences over four feet in height shall be made of vinyl, aluminum,
wrought iron and/or wood and have architectural, decorative, ornamental
and/or other stylistic features.
F.
Chain-link style fences shall not exceed four feet in height regardless
of their location in any yard.
G.
A wall or fence erected on any corner lot shall not be located closer
than 12 feet to the side yard property line fronting the street and
shall be in accordance with all other provisions of this chapter.
H.
No permit shall be issued for the construction of any fence, the
apparent purpose of which is to obstruct light and air in relation
to adjoining property, or the use of an adjoining property, or for
any fence which shall constitute a hazard, including, but not limited
to, spike-type, barbwire, and electrical fences.
I.
The finish side of a wall or fence, as determined by the Zoning Officer,
shall face toward the direction of the adjoining properties.
[Amended 10-20-1986 by Ord. No. 86-16]
All lots being filled shall be filled with clean fill or topsoil
to allow complete surface draining of the lot into local storm sewer
systems or natural drainage rights-of-way. No construction, alteration
or rearrangement shall be permitted which creates or aggravates water
stagnation or a drainage problem on adjacent properties.
[Amended 10-20-1986 by Ord. No. 86-16; 9-12-2000 by Ord. No. 2000-24]
Except as otherwise provided in this section, the lawful use of land, buildings or structures existing on November 13, 1936, may be continued, although such use does not conform to the regulations specified by this chapter for the zone in which the land, buildings or structures are located, provided that no existing building, structure or lot devoted to a use not permitted by this chapter in the district in which the land, buildings or structures are located shall be enlarged, extended, constructed, reconstructed, substituted, relocated, erected, converted to another use or substantially altered, except in conformity with the regulations of this chapter for the district in which the land, buildings or structures are located, except as allowed in Article III. Also, land on which a nonconforming building is located shall not be reduced in size, nor shall any lot already nonconforming be made more nonconforming in any manner.
A.
Abandonment. A nonconforming use or structure shall be considered
abandoned if the nonconforming use is terminated by the owner or tenant.
If the owner or tenant shall fail to use the property for a period
of 12 consecutive months, this shall be presumptive evidence of abandonment,
and thereafter the building, structure or land shall not be used in
a nonconforming manner.
B.
Conversion to permitted use. Any nonconforming building or use which
has been changed to a conforming building or use shall not be changed
back again into a nonconforming building or use.
C.
Restoration. Any nonconforming building or use which has been damaged
by fire, explosion, flood, windstorm or other acts of God shall be
examined by the Construction Code Official to determine whether the
building has been substantially destroyed. If in the opinion of the
Construction Code Official the building has been substantially destroyed,
the building or use shall be considered completely destroyed and may
be rebuilt only upon approval of a use variance or such other variance
as is provided by state statutes and this chapter.
D.
Repairs and maintenance. Such repairs and maintenance work as required
to keep a building in sound condition may be made to a nonconforming
building or structure.
E.
Sale of nonconforming uses. Any nonconforming use may change ownership
and continue to function as a nonconforming use, provided that the
other provisions of this section are met.
F.
Notwithstanding the provisions set forth in this chapter, a single-family
dwelling may be enlarged, extended, constructed, reconstructed, substituted,
or substantially altered on any existing forty-foot-wide lot located
in the R-1 Single-Family Residential District in the Borough, without
requiring a variance as to minimum lot area, minimum lot width and/or
minimum side yard setback on one side, subject to the following conditions:
[Added 6-17-2020 by Ord.
No. 2020-9]
(1)
The lot area is not less than 4,000 square feet.
(2)
The lot depth is not less than 100 feet.
(3)
The lot is not a corner lot.
(4)
The minimum side yard setbacks shall not be less than three feet
on one side and a total of not less than 12 feet combined for both
sides.
[Amended 12-1-2021 by Ord. No. 2021-15]
(5)
All other minimum requirements for front yard and rear yard setbacks
and maximum requirements for building coverage, building height and
floor area ratio applicable to the R-1 Single-Family Residential District
shall apply.
(6)
Nothing in the above section shall be interpreted or construed as
permitting the subdivision of a lot into two or more lots in which
any resulting lot measures less than the minimum area requirements
for lot area, width or depth as defined in the Schedule of Area, Bulk
and Yard Requirements of this chapter.[1]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[Amended 8-8-2000 by Ord. No. 2000-18; 9-11-2001 by Ord. No.
2001-10; 8-18-2009 by Ord. No. 2009-13; 12-1-2021 by Ord. No. 2021-15]
A.
Private residential swimming pools shall adhere to the following
standards:
(1)
No pool shall be constructed or installed on any lot unless the lot
shall contain a residence building. All pools shall conform to the
front yard requirements for the principal building in the district
in which they are located.
(2)
Pools shall occupy no more than the equivalent of 75% of the yard
area in which they are located.
(3)
No edge of any aboveground pool, spa, or hot tub, including its attached
decking or platform, shall be closer than six feet to any lot line.
No edge of any in-ground pool, spa, or hot tub, including their stairs,
shall be closer than three feet to any lot line.
(4)
In the case of a corner lot, a swimming pool, spa, or hot tub shall
not be constructed, erected, installed or maintained closer than 15
feet to the side yard property line fronting the street.
(5)
The pool may be lighted by underwater or exterior lights or both,
provided that all exterior lights are located so that the light is
neither direct nor reflected upon adjacent properties in such a manner
as to be a nuisance or an annoyance to neighborhood properties. Underwater
lighting shall be in compliance with the applicable National Electrical
Code.
(6)
All pools, spas, and or hot tubs, other than plastic or inflatable
wading pools that have a depth of less than one foot, shall be completely
surrounded by a fence or wall a minimum of four feet in height. Such
areas shall have self-closing and self-latching gates. The objective
of this provision is as a health and safety precaution to prevent
small children from accidentally entering pools. The barrier shall
meet the requirements of the Uniform Construction Code.[1]
B.
Public swimming pools or club pools intended for open use of the
public or to club members shall adhere to the following standards:
(1)
Pools shall be located within a lot area of a minimum of two acres.
Within such area may also be located clubhouses, locker rooms, open
space, terraces, recreational uses, refreshment stands, cabanas and
similar associated uses.
(2)
The pool shall occupy no more than 8% of the lot area. The area shall
include total water surface, including separate wading pools, swimming
tanks and diving tanks.
(3)
No edge of any pool or separate swimming tank shall be closer to
any property line than 50 feet.
(4)
The pool shall be enclosed with a fence or, in lieu thereof, located
on a terrace, or landscaped or surrounded by structures, or any combination
of the above or similar techniques, in order to control access to
the immediate pool area.
(5)
The pool shall be lighted both internally and externally, but in
no case shall any light be directed in a direct or indirect fashion
upon any adjacent property. All freestanding standards used for exterior
lighting shall not exceed 15 feet in height and shall be no closer
than 10 feet to the edge of any pool. All lighting shall be in compliance
with the applicable National Electrical Code.[2]
(6)
All pools shall be constructed below the surface of the ground, except
that nothing shall prohibit pool areas from being terraced on hill
locations.
(7)
All pools shall be landscaped to effectively screen the view of the
pool from neighboring properties.
(8)
All loudspeakers or public address systems shall be located in the
immediate area of the pool and shall be directed so that the speakers
are not directly aimed at any adjacent residential buildings.
(9)
One off-street parking space shall be provided for every 30 square
feet of water surface. Such parking facilities may be included with
other parking areas associated with clubhouses, other recreational
uses and similar uses as part of a total site plan.
D.
Water-filtration pumps and/or enclosed water heaters shall be situated
no closer than three feet to a side or rear yard property line and
shall be suitably landscaped with dense plantings or shielded by opaque
wooden fencing to buffer pump noise from adjoining property owners.
No open space provided around any principal building for the
purposes of complying with the front, side, rear or other yard provisions
of this chapter shall be considered as providing open space for meeting
the same requirements for another principal building.
In any zone, no building may be erected on a nonconforming lot
of official record at the effective date of this chapter without a
variance being issued.
A.
At all street intersections, no obstruction exceeding 30 inches in
height above the established grade of the street at the property line,
other than an existing building post, column or tree, shall be erected
or maintained on any lot within the area bounded by the line drawn
between points along such street lot lines 25 feet distant from their
intersection.
B.
The determination of the front yard of a corner lot shall be at the
option of the owner or developer and shall be so designated on all
maps and official records.
C.
In R-1 and R-2 Zones, once the front yard is selected pursuant to Subsection B above, any remaining side-yard setback fronting a public street shall be equal to the prevailing average setback of all structures along such block or 12 feet, whichever is less.
[Added 10-20-1986 by Ord. No. 86-16; amended 9-15-2009 by Ord. No.
2009-17]
D.
In all zones other than R-1 and R-2, the setbacks on all yards fronting
on a public street shall be in accordance with the Schedule of Area,
Bulk and Yard Requirements or the prevailing setbacks of all structures
along that block, whichever is greater.
[Added 10-20-1986 by Ord. No. 86-16]
The area or dimensions of any zone lot, yard, parking area or
other space shall not be reduced to less than the minimum required
by this chapter, and if already existing as less than the minimum
required by this chapter, said area or dimension may be continued
and shall not be further reduced.
[Amended 10-20-1986 by Ord. No. 86-16]
Every principal building shall be built upon a lot with frontage
upon an improved and approved street in accordance with the street
standards established by the Borough of Wood-Ridge.
For any zone lot which is located in more than one zone district,
which districts differ in character by permitting residential, commercial
or industrial uses, all yard, bulk and other requirements shall be
measured from the zone boundary line and not the true lot line.
[Amended 2-8-2005 by Ord. No. 2005-9; 4-7-2009 by Ord. No.
2009-4; 9-15-2009 by Ord. No. 2009-17; 9-15-2009 by Ord. No.
2009-19; 12-7-2016 by Ord. No. 2016-26; 12-1-2021 by Ord. No. 2021-15]
A.
General regulations.
(1)
Unless otherwise permitted by this chapter, required yards shall
be open to the sky, unobstructed except for the ordinary projection
of parapets, drip edges, ledges, sills, doorposts, rainwater gutters
and leaders and similar ornamental or structural fixtures, which may
not project more than one foot into such yards.
(2)
Central, ductless, and wall insert air conditioning and heating systems,
pool pumps and heaters, and emergency generators are permitted to
be located only in rear yards and side yards, provided they are not
within three feet of any property line.
(3)
Ductless and wall insert air conditioning and heating systems are
permitted to be located in side yards within one foot of a side yard
property line, provided that they are independently supported and/or
mounted to the side of the house without any vertical supports touching
the ground and are a minimum height of six feet from the ground below
them.
B.
Front yard requirements affected by Official Map. Where any lot shall
front on a street right-of-way which is proposed to be widened as
indicated on the Official Map of the Borough of Wood-Ridge, the front
yard and the front or side yard of a corner lot in such districts
shall be measured from such proposed right-of-way line.
C.
Architectural features. Certain architectural features may project
into required minimum yard setbacks as follows:
(1)
Cornices, eaves, soffits, roof overhangs, bay windows, bow windows,
garden windows, and other similar architectural features may project
into any required yard a distance not to exceed two feet.
(2)
Patios may be constructed, located, and used in any required side
or rear yard, provided that they are not within two feet of any property
line and that the amount of pervious area in the yard in which the
patio is located in not less than 20% of said yard's total area, so
as to allow for the natural drainage and seepage of rainwater into
the earth.
(3)
Engineered retaining walls necessary to hold back the earth of the
subject property or an adjoining property, as well as any necessary
stairs integrated into the retaining wall, may project into any required
yard, provided that any individual wall is not higher than six feet
in height and does not obstruct automobile vision. The sight triangle
requirements shall also apply where applicable.
(4)
Stairways may project into any required yard, provided that they
are uncovered and open to the sky and are not within three feet of
any side property line or six feet of any front or rear property line.
Stairway landings that are immediately adjacent to doors of the house
may be covered with a roof structure and may project into any required
yard a distance not to exceed four feet, provided they do not exceed
32 square feet in area and are not within three feet of any side property
line or six feet of any front or rear property line.
(5)
Fireplaces, chimneys, or flues may project into any required yard
a distance not to exceed three feet, provided they do not exceed eight
square feet in area within the required setback and are not within
three feet of any property line.
(6)
Cantilevers of the second floor of a house, providing for additional
interior floor area, may be built only on the front and rear of a
house and may project into the required yard a distance not to exceed
two feet. Cantilevers of a portion of the first floor of a house,
providing for additional interior floor area, may be built only on
the front and rear of a house, may project into the required yard
a distance not to exceed two feet, provided they do not have a width
longer than 20% of the width of the house's building lot. Cantilevers
may not be built projecting into the required side yards of the house.
(7)
Balconies are considered part of the structure of the house for the
purpose of determining setbacks. Balconies may not have any vertical
support posts sitting on the ground below. Balconies may project into
a required front or rear yard a distance not to exceed two feet, provided
they do not exceed 16 square feet in area and are not within six feet
of any property line.
(8)
Porches on the front or side of a house are permitted to project
into the required side yards by a distance equal to the existing side
yard setback of the house.
[Amended 10-20-1986 by Ord. No. 86-16]
Any portion of the roof structure above that which is used in measuring the height of a building, as defined in Article I, § 530-4, as well as penthouses or roof structures for the housing of elevators, stairways, tanks, ventilating fans, air-conditioning equipment or similar equipment required to operate and maintain the building and fire or parapet walls, skylights, towers, spires, cupolas, steeples, flagpoles, chimneys, smokestacks, monuments, water tanks, silos or similar structures may be erected above the height limits prescribed by this chapter but in no case more than 25% more than the maximum height permitted in the district, except that spires, steeples, silos, water towers and radio and television towers shall not exceed 50 feet in height above the ground level. In addition, all structures are subject to regulations of the Federal Aviation Administration. The provisions of this section shall not apply to satellite or dish antennas.
A.
Whenever title to two or more contiguous lots is held by the same
owner, regardless of whether or not each of the lots may have been
approved as portions of a major subdivision or acquired by separate
conveyance or by other operation of law, and one or more of the individual
lots should, by reason of exceptional narrowness, shallowness, topographical
conditions, substandard area or yard space, not conform to the minimum
lot area and dimension requirements for the zone in which it is located,
the contiguous lots of the owner, for the purposes of this chapter,
shall be considered as a single lot, and the provisions of this chapter
shall hold.
B.
Whenever land has been dedicated or conveyed to the Borough by a lot owner to meet the minimum street width requirement of Chapter 335, Land Subdivision and Site Plan Review, or to implement the Official Map or Master Plan of the Borough, the Construction Code Official shall issue building permits and certificates of occupancy for the lot whose depth or areas are rendered substandard in area only because of such dedication and where the owner has no other adjacent lands to provide the minimum requirements.
[Amended 10-20-1986 by Ord. No. 86-16[1]]
[Amended 3-20-2007 by Ord. No. 2007-4]
With the exception of a hotel complex consisting of one or more
buildings, no more than one principal use shall be permitted on one
lot.
[Amended 10-16-1995 by Ord. No. 95-15]
In all districts except R-1 and R-2, the outdoor display and/or
storage of any goods, products or materials is prohibited.
Within any one-family residential zone, any existing building
used for one-family residence purposes may be extended, altered or
added to along the existing side building lines, notwithstanding that
such extension, alteration or addition does not comply with the minimum
one-family residential zone side yard requirement, provided that the
extensions, alterations or additions shall not diminish the existing
side yard space and shall comply with the one-family residential zone
requirements for front yards, rear yards and size and height of buildings
and other structures.
[Amended 12-1-2021 by Ord. No. 2021-15]
Portable structures, mobile homes, office trailers, campers,
and other recreational vehicles, while used as meeting rooms, offices,
places of business, living quarters, dwellings, or sleeping places,
are specifically prohibited in all zones. Nothing herein shall prohibit
the use of office trailers or recreational vehicles as temporary field
offices on construction sites.
The storage of gasoline in pumps, tanks, cans or any other vessel
or storage facility which exceeds five gallons is prohibited in all
residential zones.
[Added 10-14-2003 by Ord. No. 2003-11; amended 3-9-2004 by Ord. No.
2004-1]
The floor area ratio as defined in § 530-4, in Subsection (3) of the definition of "floor area," for all one- and two-family residential districts shall not be greater than 0.55. (For example, a building containing 2,750 square feet of building floor area on a lot of 5,000 square feet has a floor area ratio of 0.55.)
[Added 6-17-2008 by Ord. No. 2008-9]
Hotels and related facilities in the GB Zone shall be subject
to the following regulations.
A.
Parking structures shall be permitted as follows:
(1)
Maximum height: 50 feet above grade, excluding elevator towers, stairways
and other similar structures, plus any architectural features designed
to aesthetically enhance these elements shall be permitted to extend
a maximum of 10 feet above the permitted height.
(2)
A zero-front-yard setback is permitted, provided the design incorporates
a facade element to aesthetically enhance the visual impression of
the garage; otherwise, a ten-foot front-yard setback is required,
with landscaping along the front facade.
(3)
A minimum five-foot side-yard setback is required.
(4)
Minimum parking space dimension, ninety-degree angle: 8.5 feet in
width by 18 feet in length.
(5)
Minimum parking space dimension, sixty-degree angle: 8.5 feet in
width by 16 feet in length.
(6)
Attendant/valet parking minimum space dimension: seven feet in width
by 16 feet in depth.
B.
The submission of a traffic study, as part of the application, to
determine the adequacy of proposed circulation and parking. If another
use is located at the site, a parking study shall be submitted to
demonstrate that any shared and/or valet parking arrangement will
be adequate to serve the proposed development.
C.
The submission of a landscaping and lighting plan prepared by a state-certified
landscape architect, as part of the application, which specifically
considers the proximity to Route 17 and any unique topographic conditions.
D.
The submission of a market analysis and feasibility study, as part
of the application, prepared by a qualified professional, demonstrating
that the hotel can attain a satisfactory occupancy rate within two
years of the completion of construction.
[Added 8-8-2000 by Ord. No. 2000-16]
A.
Attached to principal structure.
[Amended 10-20-2009 by Ord. No. 2009-20]
(1)
Deck flooring shall not exceed the height of the first floor or four
feet, whichever is less.
(2)
Deck railing shall not exceed the maximum height of the railing required
by the Uniform Construction Code.
(3)
Side yard setbacks shall be a minimum of six feet regardless of the
principal structure's side yard setback, except that the deck's stairs
may extend into the side yard setback up to a distance equal to the
side yard setback of the principal structure.
[Amended 12-1-2021 by Ord. No. 2021-15]
(4)
The rear-yard setback shall be a minimum of 14 feet, including stairs,
regardless of the principal structure rear-yard setback.
(5)
Decks may be covered by permanent roof structures, temporary or removable
structures, and retractable awnings. Decks covered with permanent
roof structures must meet the following conditions:
[Amended 12-1-2021 by Ord. No. 2021-15]
(a)
The sides of the deck not attached to the house must be unobstructed,
except for railings, and may not be enclosed by any material, including,
but not limited to screens, glass, plastic, canvas, or vinyl.
(b)
The roof structure may project past the sides of the deck a distance
not to exceed two feet, provided it is not within three feet of a
side property line.
B.
Not attached to principal structure.
(1)
Shall not be permitted unless used in conjunction with an aboveground
pool.
(2)
Decking around an aboveground swimming pool shall not exceed the
height of the swimming pool.
(3)
Decking around a swimming pool shall be considered part of the swimming
pool for required yard clearances and/or requirements.
