A.
Accessory structures shall maintain a minimum yard requirement as
further set forth within.
B.
No accessory structure shall be located closer to the street right-of-way
line than the required front yard setback of the principal structure
with the following exceptions:
(1)
A single flagpole is permitted within a front yard so long as
it is no higher than the permitted principal building.
(2)
A fountain or a landscaped water feature is permitted within
a front yard so long as it is less than 24 inches in height.
(3)
Accessory structures that are man-made, at grade, and used for
the purpose of ingress and egress to a principal or accessory structure
such as driveways and walkways.
C.
No accessory building or structure shall be erected or altered unless
such accessory building or structure is set back from the street lot
line a distance equal to at least 150% of the minimum required front
yard setback for the zoning district.
D.
No portion of an accessory structure shall be used for a dwelling
unit.
E.
When an accessory structure is attached to the principal building,
it shall comply in all respects with the requirements of this chapter
applicable to the principal building, including lot coverage.
F.
No accessory building or structure shall be constructed or placed
on any lot unless there exists a principal use on said lot.
G.
The height of an accessory building shall not exceed 1 1/2 stories
or a height of 15 feet.
H.
Fenced-in dog runs shall be located in the rear yard only and shall
be at least 10 feet from any side or rear lot line.
I.
No accessory building or structure shall be utilized for business
or industrial uses, except for the parking of commercial vehicles
by one who occupies the principal structure as a dwelling unit.
A.
No accessory structure or use shall be located within any required
setback or closer than five feet to any lot line. Said requirements
shall not apply to retaining and decorative walls and fences, provided
same do not exceed seven feet in height.
B.
Despite the foregoing, no accessory use shall be located within 10
feet of a residentially zoned property.
C.
When an accessory structure is attached to the principal building,
it shall comply in all respects with the requirements of this chapter
applicable to the principal building, including lot coverage.
D.
No portion of an accessory structure shall be used for a dwelling
unit.
E.
The height of the accessory structure shall not exceed two stories
or 20 feet.
A.
No fence or other man-made enclosure shall exceed six feet in height
at any point, as measured from existing ground levels. In the case
of commercial property that abuts a residential property, no fence
or other man-made enclosure shall exceed seven feet in height except
along the property line common to the residence, where the six-foot
limit shall apply.
B.
Fencing shall not exceed six feet in any yard up to the front facade
of the principal structure where said fencing shall not exceed three
feet.
C.
No fence within 25 feet of a corner of two intersecting streets shall
exceed 30 inches in height, as measured from existing ground levels.
D.
No fencing shall be installed within 10 feet of a front lot line.
E.
All fences shall be installed or erected as close to the ground as
possible. The total height of the fence may exceed six feet where
otherwise permissible to conform to existing ground heights; provided,
however, that 80% of the fence does not exceed the maximum height
of six feet. Decorative-type structural posts may extend no more than
six inches above the top of the fence.
F.
Fences must be constructed with the face or finished side away from
the property and the structural side toward the interior of the property.
G.
No fences or other enclosures shall be installed within six inches
to the property line.
H.
Fences shall be erected in a manner so as to permit the flow of natural
drainage and shall not cause surface water to be dammed so as to create
ponding.
I.
Fencing from the front façade of the building to a minimum
of 10 feet from the front lot line shall be limited to three feet
in height.
J.
Fences or other enclosures shall be maintained to ensure the structural
integrity of the fence, to prevent all or portions of the fence from
encroaching over the property line and shall be maintained so as to
prohibit an unsightly appearance to adjoining property owners. "Unsightly
appearance" shall include the following:
(1)
Painted fences or other enclosures whereon paint has chipped
or peeled from more than 15% of the surface area of the fence.
(2)
Fence posts which have become loose or which are leaning more
than 5° from the fence line.
(3)
In the case of picket fences, slatted or other solid-wall fences,
where more than 10% of the picket fences have fallen, been removed
or rotted in any given ten-linear-foot section of such fence.
 |
K.
The following fences and fence materials are specifically prohibited:
barbed wire, chicken wire, pointed iron slats or pickets, canvas,
cloth, fiberglass, poultry netting, electrically charged fences, temporary
fences such as snow fences, except where necessary for active construction,
and collapsible fences, except during active construction.
L.
No fence shall be erected that interferes with the public right-of-way
or interferes with the visibility of vehicular and pedestrian traffic
proceeding along any public right-of-way.
M.
In the case of commercial property that abuts residential property,
if chain-link fence construction is used, the fence shall also include
privacy inserts.
N.
In business zoning districts, chain-link fences surrounding nonresidential
property may be erected to a height of seven feet on all property
lines.
No outdoor merchandising displays or storage of any nature shall
be permitted except the sale of automotive fuel, service station accessories,
nursery or agricultural products.
A.
Permanent and portable swimming pools accessory to a residential
use shall be erected on the same zone lot as the principal structure.
Said pool may be erected in the rear yard of the zone lot. The wall
of the swimming pool shall be located no closer than 10 feet to a
side or rear yard line nor closer to a street than the principal building
to which it is accessory, nor within 10 feet of the principal building.
All such pools shall be suitably fenced in accordance with the Township
of Verona requirements.
B.
All filtration equipment and pumps shall be located not less than
five feet from any property line.
C.
These regulations shall not apply to portable swimming pools which
are less than two feet in height and pool regulations set forth and
adopted by the Uniform Construction Code.
A.
Private garages shall be deemed to be accessory uses to a permitted
principal use if it is located on the same lot or parcel as the principal
use.
B.
Private garages shall be subject to regulations established herein.
C.
Private garages shall only be utilized for the storage and security
of motor driven vehicles. Private garages and carports shall not be
utilized for the conduct of any business, service, or residency.
D.
Private garages shall be permitted as accessory uses in all residential
zones either as a detached structure or as a part of the principal
structure for the storage of automobiles and other permitted items
owned by the occupants of the principal structure.
A.
Tennis and full-court basketball courts shall be permitted in the
rear yard as an accessory use. No portion of the court or fence shall
be located within 10 feet to any property line.
B.
A fence with a maximum height of 10 feet shall be permitted incidental
to the tennis or basketball court.
C.
Despite anything contained in this section to the contrary, development
of tennis or basketball courts on any property shall be subject to
site plan approval by the approving authority.
D.
The temporary recreational use of a driveway for basketball uses
does not create a basketball court as regulated above.
E.
Tennis and basketball courts must be unlit.
A.
Any owner of a recreational vehicle, as defined by this chapter,
may park or store recreational(s) vehicles upon premises on which
the owner of such recreational vehicle resides in a residential district
as follows:
(1)
Within an enclosed building meeting all Building Code and Zoning
Ordinance requirements.
(2)
In the rear yard and no closer to any side or rear lot line
or other structure than is required for an accessory building within
such zoning district. However, in no case shall such recreational
vehicle be located closer to a side or rear lot line than five feet.
(3)
No recreational vehicle parked or stored in a residential district
in accordance with this section shall be used for any type of commercial
or business use, nor shall it be registered with any motor vehicle
department as a commercial vehicle.
(4)
All such recreational vehicles must be kept in good repair and
carry a current year's license and/or registration. No major overhaul
or body work shall be permitted on any recreational vehicle when parked
on the residential premises.
(5)
No recreational vehicle shall be occupied or used for human
habitation while parked or stored on any lot.
(6)
No recreational vehicle shall have fixed connections to electricity,
water, gas or sanitary sewer facilities.
B.
Notwithstanding the above provisions, a recreational vehicle may
be parked on a driveway in a residential district for the purpose
of loading and unloading for a period not to exceed 48 hours in any
one week.
C.
If a trailer is utilized for the temporary storage of a recreational
vehicle(s), it shall be treated as, and must follow the regulations
concerning, sheds in a residential zone. The area of said trailer
shall be measured, in a horizontal plane, as a rectangle bounding
the outermost extremities of the trailer as illustrated below.
 |
A.
All signs hereafter erected, substantially rebuilt, enlarged or changed,
except official, traffic and street signs, shall conform to the provisions
of this chapter. Change of copy for outdoor advertising signs and
theater marquees shall not be considered a substantial change.
B.
No sign, except those specifically excepted, shall be permitted to
be installed, structurally altered or relocated unless a written application
has been made to the Construction Code Official and a permit therefor
duly issued by him after payment of the established fee. No permit
shall be required for the changing of message on any existing sign
that is expressly designed for the periodic change of message, provided
that such change does not entail alteration of sign structure.
C.
A totally destroyed or unrepairable nonconforming sign, as determined
by the Construction Code Official, may be replaced only by a conforming
sign.
D.
Illuminated signs shall be properly shielded and located so as to
prevent glare or blinding effects upon vehicular traffic and so as
to be inoffensive to residents of the area.
E.
No sign shall be placed in such a position that it will cause confusion
or danger to street traffic by obscuring the view or by simulating
official, directional or warning signs maintained by any governmental
body, railroad or public utility concerned with the protection of
public health or safety. This shall include any sign visible from
the public right-of-way which uses an arrow device or simulates a
stop sign or stop light.
F.
No sign shall be erected within or over any public right-of-way,
unless specifically authorized by this chapter or any other ordinance
of the Township.
G.
Signs shall relate solely to the business or profession conducted
on the premises and shall advertise only the name of the owner or
lessee, the name of the establishment, the type of establishment,
goods or services or the trade name of the establishment and the goods
manufactured, sold or services rendered, except for public service,
directory, official or directional signs.
H.
All signs attached to a building shall be thoroughly and rigidly
secured in a manner approved by the Construction Code Official and
shall be repaired and maintained as necessary to keep them secure,
safe and free from danger.
I.
All electrical wiring of signs shall conform to the requirements
of the municipality and the National Electrical Code.
J.
No sign shall obstruct access to fire escapes or required windows,
doors, exits or standpipes or create a hazard to pedestrians as determined
by the Construction Code Official.
K.
All new and existing signs and supports shall be maintained in good
condition and shall be repaired and repainted as required.
L.
The proper repair and maintenance of each sign shall be the responsibility
of the permittee and then the owner of the property on which the sign
is located.
M.
Any sign which is not painted or maintained in good condition or repaired shall be brought to the attention of the permittee and/or owner of the property where such sign is located, in writing. If said sign is not properly repaired, repainted or restored within 90 days after the receipt of such notice, the sign shall be considered abandoned and may be removed by the Township in the manner set forth in Subsection N below.
N.
Any sign, now or hereafter erected or maintained, which no longer
advertises a bona fide business conducted or product sold or notice
of a current or future event shall be taken down and removed by the
permittee or, if there is no permittee, by the owner of the premises
within 30 days after such business ceases, such product ceases to
be sold or such event occurs. Upon failure to comply, the Construction
Code Official is hereby authorized to cause removal of such sign,
and any expense incident thereto shall be paid by the permittee or
owner of the premises upon which the sign is located. The Construction
Code Official shall thereafter refuse to issue a permit for the erection
of a sign to any permittee or property owner who refuses to pay the
costs of such removal. The cost of removal shall be added to and become
part of the real estate tax bill by the Collector of Taxes.
O.
In the event that any sign is determined by the Construction Code
Official to be hazardous to the public safety, he shall immediately
notify the permittee and the owner of the property by certified mail.
If the permittee or owner fails to correct the hazardous condition
within 24 hours after receipt of the notice, the Construction Code
Official shall cause the condition to be corrected, either by removal
or repair of the sign, and any expense incident thereto shall be paid
by the permittee or the owner of the property. The Construction Code
Official shall thereto refuse to issue a permit for the erection of
a sign on that property until the expense has been reimbursed. The
expense shall be added to and become a part of the real estate tax
bill by the Collector of Taxes.
P.
Window signs, whether temporary, permanent or a combination of the
two shall not exceed 25% of the window area. Temporary window signs
shall not be posted for a period to exceed 30 days. Window signs are
prohibited in residential zones.
Q.
Theaters may display signs with removable lettering on a marquee
or canopy which may be backlighted and which shall advertise only
current or coming attractions.
R.
A nonconforming business sign lawfully existing on the effective
date of this chapter or lawfully authorized prior thereto may remain;
provided, that the sign is not enlarged or changed as to location,
nature, purpose or type and further provided that the nature of the
business remains the same.
S.
Business signs.
(1)
Unless otherwise specified, business signs shall not be allowed
in residential zones.
(2)
Such signs, if displayed on a wall of a building facing a street
on which the building lot has frontage, shall have a total area of
all such signs not to exceed one square foot for each linear foot
that such building extends along the street on which it has frontage.
If the building has frontage on more than one street, a separate sign
or signs may be provided for each street frontage, but the total area
of all signs on each street shall be no greater in the aggregate than
one square foot for each foot that the building extends along the
street for which such signs are provided. In no event shall the total
sign area on each street frontage exceed 100 square feet or be more
than four feet in height.
(3)
Such sign or signs, if displayed on a wall of a building not
facing a street on which the building lot has frontage, shall have
a total area of all such signs for any wall not to exceed in the aggregate
one square foot for each foot of horizontal dimension of such wall;
provided, that the total area of any such sign or signs shall not
exceed 80 square feet or be more than four feet in height.
(4)
No business sign shall be illuminated between the hours of 11:00
p.m. and 6:00 a.m. the following morning, unless the business or use
so advertised is open to the public later than 11:00 p.m. or earlier
than 6:00 a.m.
T.
No sign shall be erected or maintained on private property without
the consent of the owner thereof.
U.
Signs for religious, charitable, educational and civic organizations,
subject to the following restrictions:
(1)
No more than two signs per location.
(2)
No sign shall exceed 20 square feet in area and, if a ground
sign, stand no more than five feet above ground level or be closer
than 10 feet to any property line.
(4)
Private off-street parking areas of such organizations may be
identified by not more than one sign which is to be no larger than
six square feet in area and, if a ground sign, shall not stand more
than five feet above ground level or be closer than five feet to any
property line.
V.
Signs not needing a construction permit. The following signs may
be erected, constructed, placed and maintained without a permit from
the Construction Code Official:
(1)
Directional signs which shall be no more than four square feet
in area, stand no more than three feet above ground level and, unless
attached to the principal building, be no closer than five feet to
any property line.
(2)
Directory signs which shall be permitted at the entrance of
a multiple-family dwelling, which shall be attached to the building
proper and which shall be no more than four square feet in area.
(3)
Nameplate signs. One nameplate sign, not more than one square
foot in area shall be permitted for each residential property, provided
that it is not internally illuminated or spotlighted. Such sign shall
not be erected closer than five feet to any property line.
(4)
Flags or emblems of religious, educational or government organizations,
which shall be flown from supports on the building or grounds being
occupied by the organization.
(5)
Interior signs.
(6)
Signs which are an integral part of vending machines and gasoline
pumps.
(7)
Official signs.
(8)
Customary signs of recognized nonprofit service organizations.
(9)
Signs advertising the sale or rental of the premises or property
upon which they are located. Unless otherwise set forth below, there
shall be no more than one sign per location; the signs shall not be
illuminated; they shall be removed within 14 days after entering into
a contract for sale or lease and may be replaced by a "sold" sign
which may remain for an additional period of 14 days; and they shall
be subject to the following additional restrictions:
(a)
In residential zones, the sign shall not exceed six square feet
in area and shall not be more than four feet above ground level.
(b)
In all other zones, the sign shall not exceed 16 square feet
in area, shall not be more than five feet above ground level and shall
not be displayed for a period exceeding one year.
(c)
Any subdivision of six or more lots or any apartment building
or commercial building under construction may display not more than
two signs which shall not be larger than 20 square feet in area, be
more than five feet above ground level or closer than 10 feet to any
property line unless it is attached to a building. The signs must
be removed when 75% of the lots or units have been sold.
(d)
Open house signs. Signs advertising an "OPEN HOUSE" for the
sale or rental of property located in the Township may be positioned
on street corners subject to the following restrictions:
[Added 6-20-2016 by Ord.
No. 13-16]
[1]
"Open house" signs are permitted on the corners of all streets
except Mount Prospect Avenue, Bloomfield Avenue and Pompton Avenue
(Route 23).
[2]
"Open house" signs may only be erected, at the earliest, one
hour before the official the starting time of the open house and must
be removed no later than one hour after the open house concludes.
[3]
"Open house" signs shall be placed in the public right-of-way,
on the grass between the curb and the sidewalk and must not be placed
on, or otherwise block or interfere with in anyway, the sidewalk passageway.
[4]
"Open house" signs shall not be placed on private property without
prior written permission from the property owner.
[5]
"Open house" signs shall not exceed three square feet in size
(typically 24 inches by 18 inches) and three feet in height from the
ground.
[6]
No balloons or other attention-grabbing devices shall be attached
to any "open house" sign.
[7]
No "open house" sign shall be placed in a manner or position
that could possibly cause confusion or danger to the street traffic
by obstructing the view or by simulating official, directional or
warning signs maintained by any governmental body or public utility
concerned with protection or public health or safety.
(10)
A temporary, non-illuminated business sign at a construction,
repair or alteration site, subject to the permission of the owner
of the property, which shall not exceed six square feet in area, not
to be more than four feet above ground level and which must be removed
within seven days after completion of the job.
(11)
Temporary signs which shall not be displayed for a period exceeding
30 days.
(12)
Signs indicating the private nature of a road, driveway or other
premises, not to exceed two square feet in area.
(13)
Lights and strings of illuminated devices used to celebrate
a national or religious holiday for a period not to exceed 60 days
before the holiday and 15 days following the holiday.
(14)
Window signs, not exceeding 25% of the window area.
(15)
Political signs.
W.
Signs requiring special permits. Signs in this section are allowed
upon submission of a permit to the Construction Code Official. These
signs shall not be allowed in residential zones, except for "garage
sale" signs.
(1)
Streamers, strings of illuminated devices, advertising flags,
banners and similar attention-getting devices for special events.
(2)
Temporary signs for special events which are sponsored by charitable,
educational, religious and civic organizations. These signs shall
not exceed 32 square feet in area and, if a ground sign, shall not
be more than six feet above ground level. The governing body may allow
these signs to be located in residential zones.
(3)
Sandwich board sign.
(a)
Only one sandwich board sign per business shall be permitted.
(b)
Sandwich board signs shall be no larger than 32 inches in width
and 36 inches in height and no materials such as papers, balloons,
wind socks, etc., may be added to the sign to increase its height
and/or width. The height of such signs may not be artificially increased
above the allowed maximum by placing material underneath the base
of such sign.
(c)
Sandwich board signs must be secured to withstand strong winds
and to prevent a roadway hazard.
(d)
Sandwich board signs may be used only during the hours when
the business is open to the public.
(e)
No sandwich board sign shall be placed so as to obstruct vehicular
traffic sight distance triangle requirements.
(f)
All sandwich board signs shall be constructed of weather-resistant
material.
(g)
No sandwich board sign shall contain foil, mirrors, bare metal
or other reflective materials which could create hazardous conditions
to motorists, bicyclists, or pedestrians.
(h)
No sandwich board sign may contain lights of any kind.
(i)
Signs located within the public right-of-way must provide a
disclaimer indemnifying the Township of any liability for said use.
(j)
Sandwich board signs shall not be placed more than six feet
from the front primary entrance of the business.
(k)
Sandwich board signs shall not be placed so as to cause the
width of the sidewalk to be reduced below five unobstructed feet in
width.
(l)
Sandwich board signs shall not be located or maintained in a
manner that prevents free ingress or egress from any door, window
or fire escape.
(m)
Sandwich board signs shall be removed from public sidewalks
if there is any snow accumulation. (The sign may not be displayed
until the snow is removed.)
(n)
The owner of a sandwich board sign shall be required to provide
adequate public liability insurance naming the Township of Verona
and/or the County of Essex as additional insured and providing for
coverage of not less than $1,000,000 for bodily injury and for not
less than $500,000 for property damage and general liability insurance
of $1,000,000.
(4)
Digital display systems (DDS) and electronic message centers
(EMC). Digital display systems and electronic messages centers are
permitted in the ETC and C-2 zoning districts following conditional
uses regulations:
(a)
No digital sign shall implement video, animation, strobe, scrolling,
or other attention-getting effects.
(b)
Each message shall have a minimum duration of 60 seconds prior
to changing to the next message.
(c)
Between messages, there shall be no fading, scrolling or other
attention-getting effects.
(d)
Lettering shall consist of a single color per message.
(e)
Signage shall have automatic dimming capability.
(f)
Malfunctioning signs must default to a blank sign.
X.
Prohibited signs. Signs in this section are prohibited unless otherwise
permitted by this chapter.
(1)
Streamers, spinners, strings of illuminated devices, advertising
flags, banners and similar attention-getting devices.
(2)
Signs posted on fences, posts, utility poles or trees, except
for garage sale signs.
(3)
Signs posted on Township property without the consent of the
governing body.
(4)
Business signs standing, installed or painted on sidewalks or
curbs.
(5)
Portable signs not otherwise permitted.
(6)
Signs on bridges, abutments, retaining walls, standpipes, water
towers, temporarily located on vehicles or similar structures.
(7)
Revolving signs.
(8)
Animated signs.
(9)
Neon signs.
(10)
Flashing or intermittent illumination.
(11)
Temporary signs on parked vehicles.
(12)
Ground signs, freestanding signs, pylon signs, outdoor advertising
signs and billboards.
(13)
Oscillating signs.
(14)
Lettering on main body of awnings.
(15)
Projecting signs.
(16)
Roof signs.
(17)
Signs extending more than 15 inches from a wall.
(18)
Signs in residential zones.
(19)
Portable signage including "wrapped" cars, vans, or trucks or
mobile billboard trailers and trucks.
(20)
Inflatable advertising.
(21)
Flex blade signs.
(22)
Scrolling text signs.
Y.
Signage on awnings. Regardless of the shape of the awning, no numbers,
letters, or symbols, shall appear on the awning above 10 inches from
the bottom of said awning.
 |
In the all commercial zones all vending machines must be located
within the principal building and primarily for the use of the occupants.
A.
A satellite or dish antenna, when located in the rear or side yard
of a lot, shall be a conditional use as an accessory structure to
a principal structure in all zoning districts, subject to the regulations
contained in this section. A rooftop installation of a satellite or
dish antenna shall be a permitted use as an accessory structure to
a principal structure in all zoning districts upon approval of the
Board with jurisdiction and subject to the regulations contained in
this section. No satellite or dish antenna shall be located or installed
in the front yard of any lot.
B.
In the case of a rooftop installation, height shall be measured from
the average elevation of the rooftop immediately surrounding the installation.
C.
Location.
(1)
Rear yard. A satellite or dish antenna located in the rear yard
of a lot shall be set back at least five feet from the rear and side
property lines of the lot and shall be located at least 10 feet from
any principal structure, including a principal structure on an adjoining
lot.
(2)
Side yard. The board with jurisdiction may approve location
of a satellite or dish antenna in the side yard of a lot; provided,
that the satellite or dish antenna is located at least five feet from
the adjoining property line and at least 10 feet from any principal
structure, including a principal structure on an adjoining lot. In
addition, the installation shall be set back from the front line of
the property a distance at least equal to the setback of the principal
structure or a distance equal to the front yard setback requirements
of the applicable zoning district, whichever is greater.
(3)
Rooftop. A satellite or dish antenna may be installed on the
rooftop of the principal structure; provided, that the total height
of the structure, including the satellite or dish antenna, shall not
be more than three feet higher than the height limitations of this
chapter.
D.
The number of satellite or antennas is limited to two satellite or
dish antennas.
A.
No retaining wall shall exceed four feet in height in the minimum
front yard setback and six feet in height elsewhere.
C.
When a single or any combination of multiple retaining walls are
utilized wherein the measurement from the bottom of the lowest retaining
wall to the top of the highest retaining wall exceeds 10 feet over
a five-foot horizontal measurement, a fence must be placed upon the
land behind the highest retaining wall.
D.
All retaining walls must be designed not only to retain the soil
behind said wall but also contain structures to ensure adequate groundwater
drainage.
A.
Residential greenhouses.
(1)
Residential greenhouses are for the cultivation of delicate
or out-of-season plants for personal enjoyment only.
(2)
No sale of plants grown in a residential greenhouse is permitted.
(3)
Residential greenhouses shall follow all rules and regulations
that govern sheds in residential zones.
(4)
A residential greenhouse constitutes a shed.
B.
Commercial greenhouses. Garden centers, nurseries, or commercial
greenhouses which require outside display or storage of merchandise
according to the following requirements:
(1)
Products containing chemical fertilizers, pesticides, or herbicides
must be stored in a roofed and contained area where water runoff cannot
reach the exterior landscape or storm sewer.
(2)
Floor drainage for garden center/nursery must protect stormwater
and groundwater sources by following stormwater best management practices
(BMPs), including a stormwater pollution prevention plan.
(3)
No intercom system shall be used in a commercial greenhouse.
(4)
Siting of structures shall not disrupt safe traffic flow through
the site.
(5)
Any outdoor storage areas must be buffered from adjacent properties. Said buffering must follow the requirements set forth in Article XI of this chapter.
(6)
All outdoor lighting must be shielded so as the maximum intensity
of lighting is zero at the property line.
(7)
Any greenhouse that is heated must be 10 feet from the property
line.
(8)
Items displayed outdoors are limited to plants, soils, gravel,
soil amenities and fertilizer.
(9)
Sales shall be limited to: woody plants and shrubs; flowers
and plants; sod, topsoil, humus, peat, and similar soil materials;
mulch; aggregates used in landscaping applications such as washed
stone and similar products; brick, stone and masonry used for landscaping
applications only; and organic fertilizer related to landscaping applications.
(10)
The following are prohibited: sales or display of garden or
farm equipment; outdoor structures such as sheds and similar accessory
buildings; outdoor play structures; outdoor furniture; outdoor cooking
equipment, including brick, stone or masonry intended for construction
of outdoor cooking equipment; aggregates intended for fill or other
construction applications; brick, stone or masonry intended for construction
applications; pond construction materials and equipment; irrigation
equipment; and any other item not clearly intended for landscaping
applications.
(11)
Processing of materials on site, such as washing of stone, making/drying
of mulch, etc., is prohibited.
(12)
Any stockpiles of soil, aggregate, organic fertilizer, mulch
or similar loosely packaged materials shall be stored within a structure,
sufficiently covered or contained to prevent dust or blowing of materials.
The outdoor storage of hazardous materials is prohibited. The containment
structure, and the material contained within it, shall not exceed
eight feet in height.
(13)
All access drives leading to parking, loading and outdoor display/storage
areas shall be paved along their entire length with a permanent, durable
and dustless surface, which shall be graded and drained to dispose
of stormwater without creating a negative impact on adjacent property.
(14)
All loading and truck maneuvering shall be accommodated on the
site.
(15)
The height of any material and equipment stored in an outdoor
storage area shall not exceed the height of any landscape screening,
wall or fence, or eight feet, whichever is less.
A.
Any business, such as a grocery store, which uses self-service shopping
carts in order to allow customers to carry goods between the business
and their motor vehicles, is required to install shopping cart corrals
within its parking lot. Said parking corrals shall be shown on all
parking plans.
B.
Shopping cart corrals shall be accessible from every parking bay
serving the establishment. Shopping cart corrals may contain canopies
and/or signs to indicate their location above the roofs of vehicles
but neither may contain any corporate logo, name, or slogan. The owner
or tenant shall be responsible for retrieving abandoned shopping carts
taken from the premises.
C.
When an establishment is closed, shopping carts are to be stored
either within the building, shopping cart corral, or screened with
a wall that is integral to the architectural design of the building.
A.
Sidewalks shall be placed parallel to the street. A variance may
be requested if the location of the sidewalks has been located to
preserve topographical or natural features, or if required to provide
visual interest or unless an alternative pedestrian system provides
a safe and convenient.
B.
Sidewalks along streets with nonparallel parking shall be placed
parallel to the street and shall be placed so that sidewalks do not
lead pedestrians between parked vehicles and the traveled way. This
shall not apply to driveways.
C.
Sidewalk width shall be a minimum of four feet. Where sidewalks abut
a curb and cars overhang the sidewalk, the sidewalk depth shall be
increased to six feet.
D.
Sidewalks of concrete shall be five inches thick except at points
of vehicular crossing, where they shall be at least eight inches thick
and shall be reinforced with welded wire fabric mesh or an equivalent.
Street furniture will only be allowed on public sidewalks of
a width greater than six feet from the curb face to the back of the
walk. In all instances, street furniture shall be located in such
a manner so as to ensure and maintain a minimum clearance width of
six feet along the public sidewalk and changes of direction for travel
along the sidewalk of no more than 30°. In no instance shall street
furniture be located in such a manner so as to block access for the
pedestrians or in a manner that the street furniture would constitute
a tripping hazard or other hazard to pedestrians. Street furniture
shall be:
A.
Located within the extended limits of the property to which the street
furniture belongs, provided all other requirements can be met.
B.
Freestanding, internally weighted or anchored to an adjacent building.
Street furniture shall be placed at sidewalk grade level and shall
not be placed on planters, walls, curbs or any similar structure.
C.
In order to reduce or eliminate unsightly items, street furniture
must be kept in a state of good repair and condition and free from
the following conditions: rust, chipped or peeling paint or finishes,
delaminating or peeling materials, missing hardware, rotting materials,
poor craftsmanship or construction that would cause the item to be
structurally unsound and thereby pose a health or safety hazard.
If an existing building fails to comply with zoning setback
requirements, uncovered decks may be added, provided that all of the
following conditions are met:
A.
That the deck does not exceed 20% of the building footprint.
B.
That no portion of the deck shall be elevated more than four feet
above grade, excluding handrails and guardrails.
C.
That the deck does not extend into the side yard beyond the line
of the existing dwelling unless the deck meets the side yard setback
requirements of this chapter.
D.
That the deck shall be no less than five feet from the side lot line
and no less than 20 feet from the rear lot line.
A.
Submission of café plan.
(1)
No person shall operate a sidewalk café within the Township
of Verona without first obtaining a sidewalk café license from
the Construction Code Official and satisfying all of the requirements
of this chapter.
(2)
A sidewalk café is allowed to be used upon the receipt
and approval of a sidewalk café permit issued by the Construction
Code Official and shall meet all of the requirements as a retail food
establishment in accordance with the following requirements:
(a)
The name and address of the applicant.
(b)
The name and address of the person who has prepared the café
plan.
(c)
Identification of the subject property and properties immediately
adjacent to such building.
(d)
A scaled drawing of the proposed design and location of the
sidewalk café.
(e)
A scaled drawing illustrating the location of the all temporary
structures, equipment and apparatus to be used in connection with
its operation, including tables, chairs, planter, lighting and electrical
outlets (if any).
(f)
A scaled drawing illustrating the location of any existing fire
hydrant, plug or standpipe, utility pole, parking meter, street signs,
or other permanent fixture between the building and the curb.
B.
Sidewalk café regulations.
(1)
A sidewalk café may be located within the public right-of-way
of the abutting restaurant subject to the jurisdiction of the governing
body.
(2)
A sidewalk café shall be permitted only in the area immediately
between the façade of the building in which the primary restaurant
use is permitted and the curbline of the abutting street.
(3)
A business may provide one sidewalk café table per 10
uninterrupted linear feet of store frontage.
(4)
Furniture, including tables and chairs, equipment, decoration
or appurtenances used in connection with the operation of the sidewalk
café shall not be permanently affixed to the sidewalk area.
The sidewalk café and its use and occupation is considered
of temporary nature and shall not be used in nonbusiness hours and
may only be used from May 1 through October 31.
(5)
The sidewalk café outdoor seating area shall be directly
located along the frontage of the façade of the indoor primary
restaurant use and may not be located along any other uses on the
subject property or any other adjoining property.
(6)
The outdoor seating area shall provide a minimum unobstructed
sidewalk and aisle width of five feet for pedestrian access to patrons
and non-patrons traversing the sidewalk area, and the sidewalk café
shall not prohibit access to any building entrances and/or fire exits.
(7)
The numbers of tables and chairs used in connection with the
sidewalk café is strictly limited and may be used in connection
with other outdoor restaurant seating permitted within the zone, provided
the other outdoor restaurant seating is not located within the public
right-of-way area.
(8)
Outdoor storage, cooking preparation, or selling of food is
prohibited.
(9)
The consumption of alcohol is prohibited in the sidewalk café
outdoor seating area.
(10)
All outdoor areas shall be kept litter- and refuse-free and
maintained on a daily basis.
(11)
Outdoor restaurant lighting is limited to one footcandle over
the seating area with the source of the light not visible from any
adjoining residential uses. Exterior lighting shall be directed onto
the sidewalk café and shall not intrude on adjacent residential
properties.
(12)
The use of outdoor paging equipment and speakers is prohibited.
No speakers, microphones, televisions or other audio or video devices
shall be permitted at a sidewalk café.
(13)
All outdoor seating area lights must be extinguished in all
nonseasonal use or when the restaurant is closed for business.
(14)
All outdoor furniture used in accordance with this section shall
be secured and/or covered at all times except during operation of
the outdoor seating area.
(15)
No vending machines, carts, or objects for the sale of goods
shall be permitted in a sidewalk café.
(16)
Outdoor heaters are prohibited in a public right-of-way.
(17)
The outdoor seating area shall be ADA-accessible.
(18)
The operator of the sidewalk café shall be required to
provide adequate public liability insurance naming the Township of
Verona and/or the County of Essex as additional insured and providing
for coverage of not less than $1,000,000 for bodily injury and for
not less than $500,000 for property damage and general liability insurance
of $1,000,000.
Outdoor restaurant seating shall be permitted as an accessory use within the ETC and TC zoning districts and receive site plan approval as required by Chapter 430, Site Plan Review, of the Verona Code and shall also meet all of the requirements of a retail food establishment as required by Chapter 276, Food Establishments, Retail, of the Verona Code and in accordance with the following requirements:
A.
The applicant for outdoor restaurant seating must prepare a site
plan that clearly indicates the maximum size of the seating area,
the maximum number of seats and tables, and the layout of the seating
area and access aisles.
B.
Outdoor restaurant seating, other than a sidewalk café, is
prohibited within any public right-of-way and is prohibited in any
front yard, except in the front yards of properties fronting Bloomfield
Avenue, and may be located in any other side or rear yard.
C.
Outdoor restaurant seating areas shall not be located in any required
parking and/or loading areas and shall not impede pedestrian or vehicle
traffic.
D.
The outdoor restaurant seating area must be directly accessible to
the interior eating area and located on the first floor level.
E.
No more than 49% of the total on-site seating may be provided outdoors,
including the seating supplied as part of a sidewalk café.
F.
No more than 49% of the floor area of the restaurant use shall be
utilized for outdoor seating, including the area supplied as part
of a sidewalk café.
G.
Outdoor storage, cooking or preparation of food is prohibited in
the outdoor seating area.
H.
A six-foot high enclosed fence and evergreen screening shall be provided
if the outdoor seating area is adjacent to a residential zone.
I.
All outdoor areas shall be kept litter- and refuse-free and maintained
on a daily basis.
J.
Outdoor restaurant lighting is limited to one footcandle over the
seating area with the source of the light not visible from any adjoining
residential uses.
