Borough of Little Ferry, NJ Zoning

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises or not exclusively related to the premises.

SOLAR ENERGY FACILITY, GROUND-MOUNTED

A sign which directs attention to a permitted profession, office, business, commercial enterprise or industry conducted upon the premises, which sign shall be deemed an integral part of that profession, office, business, commercial enterprise or industry.

Projecting Sign shall mean any sign which is attached to a building or other structure and extends beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached.

Ground Sign shall mean any sign supported by uprights or braces placed upon the ground and not attached to any building.

SMOKE SHOP

Shall mean any premises dedicated as a principal business to the display, sale, distribution, delivery, offering, furnishing, or marketing of smoking products, or smoking paraphernalia, including providing an area for smoking products, but excluding any grocery store, supermarket, convenience store that sells smoking products, shall not be included within the definition of smoke shop. An area for “smoking” shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains any matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.

[Added 1-24-2023 by Ord. No. 1587-1-23]

SOLAR ENERGY FACILITY

Shall mean a structure, and all associated equipment, that generates electrical energy or heat or hot water produced from solar radiation or photovoltaic technologies. This shall not include solar reflective or concentrating technology.

[Ord. No. 1412-20-14]

Shall refer to solar energy facility mounted on land.

[Ord. No. 1412-20-14]

SOLAR ENERGY FACILITY, PARKING CANOPY

Shall refer to solar energy facility mounted on a surface parking lot such that vehicles may park and/or drive beneath.

[Ord. No. 1412-20-14]

SOLAR ENERGY FACILITY, ROOF-MOUNTED

Shall refer to a solar energy facility mounted to the roof of a building, roof or top level of a parking garage, carport or other structure that provides protection from weather or provides habitable or storage space. This shall not include facilities mounted above surface parking lots.

[Ord. No. 1412-20-14]

SOUND LEVEL

Shall mean the sound-pressure level measured in decibels with a sound-level meter set for A-weighting; "sound level" is expressed in dBa.

SOUND LEVEL METER

Shall mean an instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.

SPA

Shall mean an establishment that offers a combination of personal grooming and medical or nonmedical therapeutic services and facilities such as hair, nail and skin care or treatment and other services typically found in a beauty shop; massage therapy and similar therapeutic treatments for the human body; and that may also include facilities and uses such as, but not limited to, spa tubs, pools, steam rooms and/or saunas, and shower and locker rooms.

SPECIAL EXCEPTION

Shall mean a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such use may be permitted within such zoning district as a "special exception" by action of the Zoning Board of Adjustment upon a finding that such use conforms to the controls and standards as set forth.

SPECIFIED ANATOMICAL AREA

Shall mean (1) less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if covered.

[Ord. No. 1412-20-14]

SPECIFIED SEXUAL ACTIVITY

Shall mean (1) the fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or (2) any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.

[Ord. No. 1412-20-14]

STORY

Shall mean that portion of a building included between the surface of any floor and the surface of the floor next above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a "story" for the purposes of this chapter when more than one-half (1/2) of such basement height is above the average established curb level or above the average finished grade level at the foundation where curb level has not been established.

STREET

Shall mean an existing state, county or municipal road, or a street shown upon a plat approved by the Planning Board, or a street on a plat duly filed and recorded in the office of the County Clerk prior to the creation of the Planning Board and the grant to the Planning Board of the power to approve plats.

STRUCTURE

Shall mean any combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or partially below the surface of a parcel of land.

[Ord. No. 1412-20-14]

SWIMMING POOL

Shall mean any structure having a depth greater than two (2) feet and a water surface area in excess of two hundred fifty (250) square feet, which is used for swimming, bathing or wading purposes.

URGENT CARE CENTERS

Shall mean a use engaged in providing walk-in, extended hour access for acute illness and injury care that is either beyond the scope or availability of the typical primary care practice or medical clinic. No overnight patients shall be kept on the premises. Medical offices and hospitals shall not be included.

[Ord. No. 1412-20-14]

USE

Shall mean the purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.

USE, ACCESSORY

Shall mean a use which is customarily incidental and subordinate to the principal use of a lot or a building and which is located on the same lot.

USE OR STRUCTURE, PRINCIPAL

Shall mean the primary or predominate use of any lot, or structure devoted to the principal use.

USE, SPECIFICALLY PROHIBITED

Shall mean a use or building which is not allowed or permitted within a zoning district. The schedule of district regulations sets forth the uses or buildings which are permitted within each district. Those uses or buildings not permitted are prohibited. Those uses listed as uses specifically prohibited reiterate this prohibition regarding those particular uses to avoid confusion.

VAPE SHOP

Shall mean any premises dedicated as a principal business to the display, sale, distribution, delivery, offering, furnishing, or marketing of electronic smoking devices, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2), N.J.S.A. 2A:170-51.9(a)(3), N.J.S.A. 2A:170-51-9(a)(4), and Chapter 4, § 4-22 of the Ordinances of the Borough of Little Ferry, including an area for vaping. An area for “vaping” shall mean the inhaling or exhaling of smoke or vapor from any electronic smoking device.

[Added 1-24-2023 by Ord. No. 1587-1-23]

VETERINARY OFFICE

Shall mean a use engaged in providing services for health maintenance, diagnosis (including testing) and treatment of animal diseases, pain or other physical or mental condition of animals.

[Ord. No. 1412-20-14]

WAREHOUSING AND DISTRIBUTION

Shall mean a use for the storage, loading, unloading and/or distribution of goods, products or materials which may include consolidation, transfer, repacking and value-added services.

[Ord. No. 1412-20-14]

WHOLESALE

Shall mean a use engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This shall not include retail sales.

[Ord. No. 1412-20-14]

YARD

Shall mean an open space other than a court on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward.

YARD, FRONT

Shall mean a required open, unoccupied space within and extending the full width of the lot between the front property line and the main front wall of the building, structure or projection of more than twenty-four (24) inches therefrom. On corner lots, a "front yard" shall be provided on each adjoining street frontage.

YARD, REAR

Shall mean an open space, except for permitted accessory buildings on the same lot with the main building, situate between the rear wall of the building or structure or any projection therefrom in excess of twenty-four (24) inches extended to the side lines of the lot and the rear line of the lot. In the case of corner lots, the "rear yard" shall be opposite the lot line contiguous to an arterial street. In the event that the streets being contiguous to the lot lines of a parcel are of the same classification, then the "rear yard" shall be opposite the main entrance of the structure facing either of such streets.

YARD, SIDE

Shall mean an open space, except for permitted accessory buildings on the same lot with the main building, situate between a side wall, structure or projection in excess of twenty-four (24) inches extended to the side lines of the lot and extending from the front yard to the rear yard.

§ 35-104 ESTABLISHMENT OF ZONES.

[1982 Code § 134-4; Ord. No. 1277-09-09; Ord. No. 1406-14-14; Ord. No. 1409-17-14; Ord. No. 1410-18-14]

The Borough is hereby divided into the classes of zones listed below:

R-A	One-Family Residential Zone
R-B	One- and Two-Family Residential Zone
R-M	Multifamily Residential Zone
R-LD	Low-Density Residential District (within Hackensack Meadowland Development Commission's jurisdiction)
B-N	Neighborhood Business Zone
B-H	Highway and Regional Business Zone
ILL	Light Industrial Zone
P	Public Facilities Zone
WAR	Waterfront Recreation Zone
IF	Riverfront Development Inclusionary Overlay Zone

§ 35-105 ZONING MAP.

[1982 Code § 134-5; Ord. No. 1051-10-01; Ord. No. 1220-1-07; Ord. No. 1277-09-09; Ord. No. 1299-09-10; Ord. No. 1362-17-12 § 1; Ord. No. 1406-14-14; Ord. No. 1409-17-14; Ord. No. 1410-18-14]

The boundaries of the zones established by the preceding section are hereby established as shown on the Zoning Map, Borough of Little Ferry, dated 3-3-87, which is hereby adopted and made a part of this chapter. Such map reflecting the latest amendments shall be kept up-to-date in the office of the Borough Clerk for the use and benefit of the public.

Notwithstanding paragraph a., the zone boundaries on the Zoning Map are hereby amended for the following block and lot numbers:

Zone Change
From	To	Block No.	Lot No.
R-B	B-N	15	1, 2, 3, 4, 5 and 49
		39	26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41A, 41B, 42A, 42B, 43, 44, 45, 46 and 47
		38	27A, 27B, 27C, 27D and 29
		49	12, 13A, 13B, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24 and 25
		50	1, 2, 3, 23A, 24, 25, 26, 27A and 27B
		57	1
		78	4, 5, 6, 7A and 7B
		79	5, 6, 7 and 8
		80	1A, 1B, 2, 3, 4, 5, 6 and 7
		81	1, 2A, 3A, 4, 27A, 29, 30A, 30B, 31 and 32
		82	1A, 1B, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 and 12
P	R-B	62	15
BH	R-B	13	43, 45, 47, 48, 49, 50, 51, 52, 54, 57, 58, 60, 62, 64, 65, 66, 67

Zoning Map Amendment.

RF Riverfront Development Inclusionary Overlay Zone. Pursuant to Ordinance No. 1277-09-09 the Borough of Little Ferry Zoning Map is hereby amended to create a new RF Riverfront Development Inclusionary Overlay Zone encompassing all of Blocks 5.01 and 25 as shown on the map adopted with Ordinance No. 1277-09-09. The map may be found on file in the office of the Borough Clerk.

[Repealed by Ordinance No. 1299-09-10]

RF-A Riverfront Development Inclusionary Overlay Zone A. Pursuant to Ordinance No. 1362-17-12, the Borough of Little Ferry Zoning Map is hereby amended to create a new RF-A Riverfront Development Inclusionary Overlay Zone A encompassing all of Block 25 as shown on the map adopted with Ordinance No. 1362-17-12. The map may be found on file in the office of the Borough Clerk.

[Ord. No. 1362-17-12 § 1]

Ord. No. 1406-14-14 deleted Section 35-115, R & D Research and Development Zone, in its entirety.

Ord. No. 1409-17-14 deleted Section 35-114, I-G, General Industrial Zone, in its entirety.

Ord. No. 1410-18-14 amended Section 35-113 in its entirety by adding the I-L Light Industrial Zone.

[Section 35-113 previously contained the I-R Restricted Industrial Zone, now superseded by Ord. No. 1410-18-14]

§ 35-106 DETERMINATION OF ZONE BOUNDARIES.

[1982 Code § 134-6]

In determining the boundaries of zones shown on the Zoning Map, the following rules shall apply:

Where a district boundary line is shown as approximately following the center line of a street or highway, the line shall be construed to be the entire street of the more restrictive zone.

Where a district boundary line is shown as following a lot line, such lot line shall be construed to be the boundary.

Where a district boundary line is shown as approximately following the Borough limits, the boundary shall be construed to be the Borough limits.

Where a district boundary line is shown as approximately parallel to a street or highway, the boundary shall be construed as being parallel thereto and at such distance from the nearest right-of-way line thereof as indicated on the Zoning Map.

In all other cases, distances not specifically indicated on the Official Zoning Map shall be determined by the scale of the map.

§ 35-107 COMPLIANCE WITH ARTICLE.

[1982 Code § 134-7]

Following the effective date of this article:

No building shall be erected, moved, altered, rebuilt or enlarged nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the zone in which such building or land is located and only after securing a permit as set forth in Article 200 of this chapter.

No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.

No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the remaining lot comply with all requirements prescribed by this chapter for the zone in which such lot is located. No permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.

Nothing contained in this chapter shall require any change in the plans, construction or designated use of a building complying with existing law, a permit for which shall have been duly issued and the construction of which shall have been started before the date of first publication of notice of the public hearing on this chapter and the ground-story framework of which, including the second tier of beams, shall have been completed within six (6) months of the date of the permit and which entire building shall have been completed in accordance with such filed plans within one (1) year from the date of passage of this chapter.

The Borough of Little Ferry shall be exempt from all the Chapter 35, Land Use, Zoning and Site Plan requirements.

§ 35-107.1 Location of Private Pools.

[Ord. No. 1439-47-15]

The location at which a permanent private swimming pool may be constructed shall be limited to premises on which a residence building housing a maximum of two (2) families is located or premises appurtenant thereto.

A permanent private swimming pool shall not be constructed, erected, installed or maintained within fifteen (15) feet of any residential building or nearer than ten (10) feet to any side yard line or rear yard line or in the front yard of any premises.

In the case of a corner lot, a private swimming pool shall not be located closer to the side street line than the prevailing setback line on the street or the required setback line for front yards as set forth in Chapter 35, Land Use.

A permanent private swimming pool shall not occupy more than fifty (50%) percent of the rear lot of the premises on which it is erected after having deducted from the total area of the rear lot the area occupied by accessory buildings and paved portions of the premises.

§ 35-108 R-A ONE-FAMILY RESIDENTIAL ZONE.

§ 35-108.1 Objectives.

[1982 Code § 134-8A]

Whereas the Governing Body is aware that Little Ferry is a fully developed community and that the current development trends are for the redevelopment of already existing residential and other properties, it is therefore the purpose of the R-A One-Family Residential Zone to sustain and protect existing residential neighborhoods consisting of predominantly single-family detached homes.

§ 35-108.2 Permitted Uses.

[1982 Code § 134-8B]

In a one-family residential zone, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except single-family detached dwelling units, not to exceed one (1) such dwelling unit on each lot.

Notwithstanding paragraph b1 above, a lot may have two (2) dwelling units within a structure where one (1) of the units is occupied by a person who is the parent, grandparent, child or grandchild of the person residing in the other unit. This use is permitted only so long as the condition continues. Upon termination of the condition of relationship, the lot will revert to one (1) dwelling unit.

Notwithstanding paragraph b1 above, a lot may contain two (2) dwelling units within a structure where the structure is owned by a senior citizen and where one (1) unit is occupied by a senior citizen tenant. A "senior citizen" means a person who is at least sixty-two (62) years of age and has an annual household income that does not exceed an amount equal to three (3) times the county per capita personal income as last reported by the Department of Labor and Industry on the basis of the United States Department of Commerce's Bureau of Economic Analysis data. This permitted use shall expire upon the individual's failing to qualify as a senior citizen as set forth herein.

In no event may the uses permitted by paragraphs b2 and 3 be combined to create three (3) or more dwelling units on one (1) lot. An affidavit to this effect will be submitted when required by the Construction Code Official.

§ 35-108.3 Conditionally Permitted Uses.

[1982 Code § 134-8C]

Uses. Conditionally permitted uses shall be as follows:

Day-care centers and nursery schools; provided, however, that the issuance of a permit therefor shall be on the basis that adequate lot area and yard spaces are provided and that the buildings and use are appropriately located and designed and will meet a community need without adversely affecting the neighborhood.

Requirements.

Site development plan approval in accordance with Article 500, Site Plan Review, of this chapter shall be required prior to the issuance of building permits for the erection of all conditionally permitted structures. Such approval shall also be required prior to the issuance of a certificate of occupancy for a change of use of a conditionally permitted use.

Area and Yard Requirements — Conditional uses. Area and yard requirements for conditional uses shall be as follows:

Type	Day-Care Centers and Nursery Schools
THE LOT
Minimum area (square feet)	15,000
Maximum lot coverage	27%
Width	75
Depth	100
Front yard setback	25
1 side yard	10
Both side yards	20
Rear yard	35
Off street parking spaces required, each dwelling	2, plus 1 for each 5 children
Minimum landscaped area	30%
THE DWELLING STRUCTURE
Maximum height
Stories	2
Feet	30

§ 35-108.4 Permitted Accessory Uses.

[1982 Code § 134-8D]

Accessory buildings and uses customarily incident to the above uses shall be permitted, including:

Private garages for passenger automobiles of residents of the premises.

The parking of boats, campers and trailers, provided that no such parking shall be done in the front yard nor closer than three (3) feet to the rear or side yard.

A professional practice is not a permitted accessory use.

§ 35-108.5 Prohibited Uses.

[1982 Code § 134-8E]

Any uses other than those uses permitted by subsections 35-108.1 through 35-108.4 of this section shall be prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this article shall be construed to permit any of the following uses in any R-A One-Family Residential Zone District:

Two-family or duplex dwellings.

Garden apartments or townhouses.

Mid-rise apartments and high-rise apartments.

All nonresidential uses.

The parking of commercial vehicles with a registered gross vehicle weight of 7,000 pounds or more when loaded.

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in Section 3 of P.L. 2021, c. 16,[1] but not the delivery of cannabis items and related supplies by a delivery service.

[Added 8-17-2021 by Ord. No. 1557-15-21]

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

All classes of “vape shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry. This provision shall not apply to retail electronic smoking device establishments that obtained licenses pursuant to Chapter 4, § 4-22 on or before the date of adoption of Ordinance No. 1587-1-23.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-108.6 Area and Yard Requirements.

[1982 Code § 134-8F]

Area and Yard Requirements for the R-A Zone.

Type	Requirement
THE LOT
Minimum area of residential lots (square feet)	7,500
Maximum lot coverage	30%
Width (feet)	75
Depth (feet)	100
Front yard setback (feet)	25
1 side yard (feet)	8
Both side yards (feet)	20
Rear yard (feet)	25
Off street parking spaces required, each dwelling
Residential	For each dwelling unit, 1 garage and 1 parking space, each minimum of 10 x 18 feet Site plan approval required
Other
THE DWELLING STRUCTURE
Maximum height
Stories	2
Height (feet)	30

§ 35-108.7 Schedule of District Regulations.

[1982 Code § 134-8G; Ord. No. 1104-11-03; Ord. No. 1223-04-07]

The schedules of Area and Yard Requirements and Off-Street Parking Minimums can be found in Section 35-124, Area and Yard Schedule and Off-Street Parking Schedule. Lot frontage shall not be less than seventy-five (75) feet except in the case of lots on the turning circle of a cul-de-sac, where it shall be a minimum of fifty (50) feet.

In an R-A One-Family Residential Zone, the following miscellaneous regulations shall apply:

Visibility at Intersections. On a corner lot in any residential zone, nothing shall be erected, placed, planted or allowed to grow in such a manner as to materially impede vision between a height of two and one-half (2 1/2) feet and ten (10) feet above the center-line grades of the intersecting streets in the area bounded by the street lines of such corner lots and a line joining points along said lines thirty (30) feet from the point of intersection, nor shall a principal structure be located less than twenty-five (25) feet from the side street line.

Accessory Buildings.

An accessory building shall be permitted in any rear yard, subject to the following regulations:

(1)

The aggregate ground area covered by accessory buildings in any rear yard shall not exceed forty (40%) percent of the rear yard.

(2)

No accessory building in any residential zone shall be nearer than three (3) feet to a side or rear lot line, and, if within seventy-two (72) feet of the street line, such building shall be distant at least seven (7) feet from a side lot line.

(3)

No accessory building shall exceed twelve (12) feet in height.

Attached accessory structures shall be considered to be a part of the main building, and the total ground floor and elevation of the combined structures shall be subject to all regulations governing the main building.

Signs Permitted in All Residence Zones. See Section 35-710, Signs.

§ 35-108.8 Permitted Driveways.

[1982 Code § 134-8; Ord. No. 1104-11-03]

There shall be permitted no more than one (1) driveway per lot.

All circular or nonlinear driveways shall be expressly prohibited.

The following shall apply to all driveways constructed, installed or extended in the R-A Zone:

Table of Maximum Width.

[Amended 4-9-2019 by Ord. No. 1512-02-19]

Location of Driveway	Maximum Width
Driveways leading to an attached garage or an unattached garage the front of which is not behind the rear line of house	Width of the inside walls of the garage, but not to exceed 10 feet per garage bay
All other driveways except portions thereof extending beyond the rear line of the house	The maximum width shall be equal to 35% of the width of the front yard, but not exceeding a width of 20 feet
Portion of driveway extending beyond the rear line of the house	40% of the lot width, not to exceed 30 feet

Minimum distance from side line. All driveways as herein after constructed, installed or extended shall be located at least one (1) foot from the side line of the property.

For the purpose of this subsection, in the case of a corner lot, a portion of the lot adjacent to the street to which driveway leads shall be defined as a "front yard."

In the event that the side line of the driveway otherwise permitted hereunder is immediately adjacent to a previously existing wall or other permanent structure or immediately adjacent to a retaining wall that must be installed to provide the proper grade for the proposed driveway and that exceeds the height of one (1) foot, then such driveway may be one (1) foot wider than otherwise provided under subsection 35-108.8c,1 hereof for such distance as it is adjacent to such permanent wall or structure or proposed retaining wall.

Where the maximum width regulations of this subsection are increased or otherwise affected by virtue of the relationship of the driveway to the garage, such maximum width regulation shall be thereby increased and apply only so long as the garage remains on the lot and also continues to be utilized for the primary purpose of vehicular storage.

No sidewalk, patio, pavement, asphalt, concrete, stonework or other form of construction shall be installed, constructed, applied or used so as to serve to widen, extend, expand or alter any driveway beyond the dimensions permissible under this subsection. In the event that a sidewalk, patio, pavement, asphalt, concrete, stonework or other form of construction is installed, constructed or applied immediately adjacent to a driveway in this district, the same shall have a maximum permissible width of forty-two (42) inches unless it is separated from the driveway by a permanent curb of at least six (6) inches in height. Specifically exempted from the provisions of this subsection shall be sidewalks or walkways located within the public right-of-way.

In this district there shall be permitted no more than one (1) curb cut per lot, and such curb cut shall be no wider than the maximum permitted width of the driveway in the front yard of the subject lot, plus two (2) feet.

The owner of any premises in this district upon which a driveway is to be installed, extended or resurfaced shall be required to apply to the Construction Code Official for a permit authorizing such construction. The application therefor shall be made upon a form or forms supplied by the Construction Code Official and shall be accompanied by a single line sketch of the proposed installation, extension or resurfacing, together with a detailed statement of materials to be applied in construction, installation, extension or resurfacing. There shall be paid to the Borough upon filing such permit application a fee of thirty ($30.00) dollars.

§ 35-108.9 Rental Properties; Certificate of Occupancy Required.

[Ord. No. 1197-06-06]

Certificates of Occupancy or Continued Occupancy Required Prior to Rental of Certain Property.

Required. Each time there is an erection, alteration, transfer of title within the Borough; and each time there is a rental of property within the Borough, which property is used as, or proposed to be used, in whole or in part as a apartment within an apartment complex or within any other single or multifamily residential structure permitted within the R-A Zone, the owner of such property must obtain from the Construction Official a Certificate of Continued Occupancy certifying that the property may be continued to be used as it is currently being used and certifying that the use of the property is a permitted use in the R-A Zone, by virtue of either the fact that the use is a permitted use in the R-A Zone or by virtue of the fact that the use is a valid nonconforming use in the R-A Zone or a permitted use by legal variance procedure.

It shall be unlawful for an owner to use or permit the use of any premises, building or part thereof hereafter erected, altered, converted, enlarged, or rerented, wholly or in part, until a Certificate of Continued Occupancy, applied for at the time of application for a building permit, shall have been issued by the Construction Official. The Certificate shall show that the premises, building or part of the building and the proposed use thereof conform to the requirements of the Borough Land Use and/or Construction Regulations. It shall be the duty of the Construction Official to issue a Certificate of Continued Occupancy only when he is satisfied that the premises, building or part of a building and the proposed use thereof conform to the provisions of all applicable codes and ordinances of the Borough.

Fee for Certificate. The fee for a Certificate of Continued Occupancy shall be thirty ($30.00) dollars payable to the Borough of Little Ferry.

Inspection of Premises. Before a Certificate of Continued Occupancy shall be issued, the Construction Official and/or his designee shall make an inspection of the premises to determine whether the Certificate may or may not be issued.

Application. Application for a Certificate of Continued Occupancy shall be submitted to the Construction Official and once the application has been received by the Construction Official, the Certificate indicating whether the proposed and/or present use may or may not be continued shall be issued within ten (10) business days of the receipt of the application.

Notice of Violation; Penalty. In the event an owner of the property in the R-A Zone fails to obtain a Certificate of Continued Occupancy; the Construction Official shall notify the property owner of the violation by sending a notice of violation at the subject premises. In the event the property owner fails to thereafter obtain a Certificate of Continued Occupancy, the property owner shall be subject to a fine of not less than two hundred fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars per day for each day of continuing violation or a confinement to not more than ninety (90) days in jail or both for each summons issued. Each day a violation continues, beyond the date fixed for compliance in the notice provided for herein, shall constitute a separate offense.

Continuing Inspections. The Construction Code Official shall have authority to investigate complaints against the properties for any alleged violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation by citizens, organizations, other departments or officials. It shall be sufficient probable cause for the inspection upon complaint if the Construction Official (1) receives the complaint from an identified source (2) the Construction Official deems the complaint credible and (3) the Construction Official believes the complaint amounts to a violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation.

If, after inspection, it is determined that there is a violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation warranting the revocation of the Certificate of Continued Occupancy, the Construction Official shall (1) immediately revoke the Certificate of Continued Occupancy (2) notify the owner of the property of the violation (3) inform the owner of the property that he will have forty-eight (48) hours to remedy the situation. After forty-eight (48) hours a summons shall issue and be returnable in the Municipal Court within thirty (30) days from the date of the original notice to owner. Notice to owner shall be deemed sufficient if the Construction Official speaks with the owner personally, leaves a message on a voice mail or other answering device or service, or by mail. Notice by mail will be deemed received by the property owner twenty-four (24) hours after mailing. Each day the violation is not corrected after the initial forty-eight (48) hours shall be deemed a new violation for purposes of fine and penalties and no further notice to the owner is required.

If, after inspection pursuant to paragraph b of this subsection, the Construction Official determines that there is or may be a violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation that is not within his statutory responsibilities, the Construction Official shall have the obligation to notify the appropriate authority of the alleged violation in order for that authority to take the appropriate action. All such notifications to other authorities shall be brought to the attention of the Borough Administrator and the Mayor and Council.

Notice of Violation; Penalty.

For any violation of paragraph b,1 herein the fines shall be not less than two hundred fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars per day for each day of continuing violation or a confinement to not more than ninety (90) days in jail or both for each summons issued. Each day a violation continues, beyond the date fixed for compliance in the notice provided for herein, shall constitute a separate offense.

For any violation under paragraph b,2 herein, the fines and penalties shall be determined in accordance with the established fines and penalties for the respective health, safety, fire, construction or property maintenance statute, code, rule or regulation cited.

Suspension of Fines and Penalties. Fines and penalties for violations under paragraph b,1 herein may be suspended by the Construction Official, at his sole discretion, if the violation has been corrected within seven (7) days of the initial notice of such violation, except in the case where the property owner in question has been previously been found guilty of any violation covered under paragraph b of this subsection for either the subject property or any other property owned in Little Ferry. In such case, there shall be no suspension of fine or penalty.

§ 35-109 R-B ONE- AND TWO-FAMILY RESIDENTIAL ZONE.

§ 35-109.1 Objectives.

[1982 Code § 134-8.1A]

The purpose of the R-B One- and Two-Family Residential Zone is to help maintain the residential character of existing residential neighborhoods and to protect the same from the encroachment of nonresidential uses.

§ 35-109.2 Permitted Uses.

[1982 Code § 134-8.1B]

In a One- and Two-Family Residential Zone, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Those uses permitted in the R-A One-Family Residential Zone.

A two-family dwelling, not to exceed one (1) such dwelling on each lot.

§ 35-109.3 Conditionally Permitted Uses.

[1982 Code § 134-8.1C]

Uses. Conditionally permitted uses shall be as follows:

Those conditional uses permitted in the R-A One-Family Residential Zone.

Buildings to serve as meeting halls or clubrooms for nonprofit veterans or fraternal associations fully and legally chartered or organized under the law of the State of New Jersey or of the United States of America, but excluding collegiate fraternal organizations.

Churches and other places of worship, Sunday school buildings and parish houses.

Public and parochial schools for academic instruction.

Public recreational and community center buildings and grounds.

Public libraries and museums.

Parks and playgrounds.

Noncommercial dog kennels housing not more than six (6) dogs, provided that no building or outside enclosure shall be permitted within fifty (50) feet of any lot line.

Requirements. Requirements for conditionally permitted uses shall be as follows:

The same as provided in subsection 35-108.3b,1.

Area and Yard Requirements for Conditional Uses in the R-B Zone.

Type	Day-Care Centers and Nursery Schools	Libraries, Community Buildings, Parks, Playgrounds and Kennels	Churches, Public and Parochial Schools, Meeting Halls and Clubs
THE LOT
Minimum area (square feet)	15,000	40,000	60,000
Maximum lot coverage (percent)	27	45	30
Width (feet)	75	120	200
Depth (feet)	100	150	200
Front yard setback (feet)	25	45	55
1 side yard (feet)	10	20	25
Both side yards (feet)	20	45	60
Rear yard (feet)	35	35	50
Off-street parking	2, plus 1 for each 5 children	Kennels: minimum 3 Buildings: 1 per 4 seats Open areas: NA	Churches: meeting halls and clubs: 1 per 2 seats Public and parochial schools: 1 per 4 seats
Minimum landscaped area (percent)	30	30	30
THE DWELLING STRUCTURE
Height
Stories	2.5	2.5	2.5
Feet	35	35	35

Buffer Areas.

A buffer area shall be required for churches or other places of worship along each boundary of the lot that is contiguous to property zoned for residential use in the Borough of Little Ferry or any adjacent municipality. The buffer area shall be seventy-five (75) feet in width for the entire length of each side of the lot that abuts any property zoned for residential use in the Borough of Little Ferry or any adjacent municipality. In the event that the buffer area required above would result in a buffer area that exceeds fifteen (15%) percent of the existing total area of the lot, then, in such event, the buffer area for that lot may be reduced in width so that the same constitutes twenty-five (25) feet or fifteen (15%) percent of the lot area, whichever is greater.

The buffer area required shall not be used for any buildings, structures, paving or parking area or for any other use other than a buffer zone, except that the Planning Board may permit entrance and egress paved driveways to a public street from any buffer area provided in the front of the lot.

Buffer areas may be included in any computation to determine the maximum allowable building coverage for the lot on which the buffer area exists or is to be created or is required. Buffer areas may also be included in any computation with regard to a side or rear yard requirement of this chapter.

The buffer areas shall be created and maintained with plantings and shade trees as approved by the Planning Board. A proposed plan showing the proposed plantings shall be submitted to the Planning Board for review. Any lighting in the buffer area shall be so designed as to not project light in the direction of any other property zoned for residential use in the Borough of Little Ferry or any adjacent municipality.

For churches and houses of worship, no vehicular entrance or exit to public streets shall be within seventy-five (75) feet of a street intersection.

No church or place of worship shall be located within one thousand (1,000) feet of any other church or place of worship.

§ 35-109.4 Permitted Accessory Uses.

[1982 Code § 134-8.1D]

Permitted accessory uses shall be as follows:

Accessory building and uses customarily incident to the above uses, including those permitted in the R-A One-Family Residential Zone.

§ 35-109.5 Prohibited Uses.

[1982 Code § 134-8.1E]

Any uses other than those uses permitted by subsections 35-109.1 through 35-109.4 shall be prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this section shall be construed to permit any of the following uses in any R-B One-and Two-Family Residential Zone District:

Garden apartments or townhouses.

Mid-rise apartments and high-rise apartments.

All nonresidential uses.

Parking of commercial vehicles with a registered gross vehicle weight of 7,000 pounds or more when loaded.

[Added 8-17-2021 by Ord. No. 1557-15-21]

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-109.6 Area and Yard Requirements.

[1982 Code § 134-8.1F]

Area and Yard Requirements for the R-B Zone.

Type	1-Family Dwelling	2-Family Dwelling
THE LOT
Minimum area residential lots (square feet)	7,500	10,000
Maximum lot coverage (percentage)	30	30
Width (feet)	75	75
Depth (feet)	100	100
Front yard setback (feet)	25	25
1 side yard (feet)	8	10
Both side yards (feet)	20	25
Rear yard (feet)	25	30
Off-street parking spaces required each dwelling
Residential	For each dwelling unit: 1 garage and 1 parking space	For each 2-family dwelling unit: 2 garage spaces and 2 parking spaces, minimum 10 x 18 feet each
Home occupation	1 per 200 square feet of office space, but minimum 4 spaces, whichever is greater
Other site plans	Site plan approval required
Minimum landscaped area (percentage)	25	25

§ 35-109.7 Schedules of District Regulations.

[1982 Code § 134-8.1G; Ord. No. 1223-04-07]

The schedules of Area and Yard Requirements and Off-Street Parking Minimum may be found in Section 3-124, Area and Yard Schedules and Off-Street Parking Schedule. Lot frontage shall not be less than seventy-five (75) feet, except in the case of lots on the turning circle of a cul-de-sac, where it shall be a minimum of fifty (50) feet.

In the R-B One- and Two-Family Residential Zone, the miscellaneous regulations applicable to the R-A One-Family Residential Zone shall apply.

Signs. See Section 35-710, Signs.

§ 35-109.8 Certificate of Occupancy in R-B One- and Two-Family Residential Zone.

[1982 Code § 134-8.1H]

Affidavit prior to the issuance of certificate of occupancy in R-B One- and Two-Family Residential Zone. The owner of the property must file with the Construction Code Official an affidavit which must state the following:

I, (name), am the owner of the property located at (address), in the Borough of Little Ferry and designated as Block _____, Lot _____, on the Tax Map of the Borough. I acknowledge that the property is located in an R-B One- and Two-Family Residential Zone.

I certify that the premises will not be used for any uses other than as permitted by Article 100, Zoning of the Land Use Chapter of the Borough of Little Ferry and specifically will not be used for more than a two-family dwelling.

I further state that at such time as I convey an interest in this property, the conveyance shall contain a restrictive covenant to run with the land restricting the premises from being used for anything other than permitted by Article 100, Zoning, of the Land Use Chapter and, specifically, prohibiting the premises from being used as a three-family dwelling.

§ 35-109.9 Certificates of Occupancy.

[1982 Code § 134-8.1I; amended 2-9-2021 by Ord. No. 1544-02-21]

A certificate of occupancy shall be required in all cases involving the erection, alteration, transfer of title, use or any change of use of a one- or two-family dwelling.

The purpose of an inspection for transfer of title in all cases for any property located within the zone is to determine:

If the existing use is a one- or two-family house, whether the dwelling has been illegally converted to accommodate more family units; and

In all cases and for all uses, whether there are any outstanding or current property maintenance violations with respect to the property.

Application fee and issuance of a certificate of occupancy shall be in compliance with all applicable ordinances.

§ 35-109.10 Driveways, Pavement and Curb Cuts.

[1982 Code § 134-8.1J]

The regulations for driveways, pavement, curb cut and permits required as set forth in subsection 35-108.8 shall apply with equal force and effect in this zone.

§ 35-109.11 Rental Properties; Certificate of Occupancy Requirements.

[Ord. No. 1198-07-06]

Certificates of Occupancy or Continued Occupancy Required Prior to Rental of Certain Property.

Required. Each time there is an erection, alteration, transfer of title within the Borough; and each time there is a rental of property within the Borough, which property is used as, or proposed to be used, in whole or in part as an apartment within an apartment complex or within any other single or multifamily residential structure permitted within the R-B Zone, the owner of such property must obtain from the Construction Official a Certificate of Continued Occupancy certifying that the property may be continued to be used as it is currently being used and certifying that the use of the property is a permitted use in the R-B Zone, by virtue of either the fact that the use is a permitted use in the R-B Zone or by virtue of the fact that the use is a valid nonconforming use in the R-B Zone or a permitted use by legal variance procedure.

It shall be unlawful for an owner to use or permit the use of any premises, building or part thereof hereafter erected, altered, converted, enlarged or rerented, wholly or in part, until a Certificate of Continued Occupancy, applied for at the time of application for a building permit, shall have been issued by the Construction Official. The Certificate shall show that the premises, building or part of the building and the proposed use thereof conform to the requirements of the Borough Land Use and/or Construction Regulations. It shall be the duty of the Construction Official to issue a Certificate of Continued Occupancy only when he is satisfied that the premises, building or part of a building and the proposed use thereof conform to the provisions of all applicable codes and ordinances of the Borough.

Fee for Certificate. The fee for a Certificate of Continued Occupancy shall be thirty ($30.00) dollars payable to the Borough of Little Ferry.

Application. Applications for a Certificate of Continued Occupancy shall be submitted to the Construction Official and once the application has been received by the Construction Official, the Certificate indicating whether the proposed and/or present use may or may not be continued shall be issued within ten (10) business days of the receipt of the application.

Notice of Violation; Penalty. In the event an owner of the property in the R-B Zone fails to obtain a Certificate of Continued Occupancy; the Construction Official shall notify the property owner of the violation by sending a notice of violation to the subject premises. In the event the property owner fails to thereafter obtain a Certificate of Continued Occupancy, the property owner shall be subject to a fine of not less than two hundred fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars per day for each day of continuing violation or a confinement to not more than ninety (90) days in jail or both for each summons issued. Each day a violation continues, beyond the date fixed for compliance in the notice provided for herein, shall constitute a separate offense.

Continuing Inspections. The Construction Code Official shall have authority to investigate complaints against the properties for any alleged violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation by citizens, organizations, other departments or officials. It shall be sufficient probable cause for the inspection upon complaint if the Construction Official (1) receives the complaint from an identified source (2) the Construction Official deems the complaints credible and (3) the Construction Official believes the complaint amounts to a violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation.

If, after inspection, it is determined that there is a violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation warranting the revocation of the Certificate of Continued Occupancy, the Construction Official shall (1) immediately revoke the Certificate of Continued Occupancy (2) notify the owner of the property of the violation (3) inform the owner of the property that he will have forty-eight (48) hours to remedy the situation. After forty-eight (48) hours a summons shall issue and be returnable in the Municipal Court within thirty (30) days after the date of the original notice to owner. Notice to owner shall be deemed sufficient if the Construction Official speaks with the owner personally, leaves a message on a voice mail or other answering device or service, or by mail. Notice by mail will be deemed received by the property owner twenty-four (24) hours shall be deemed a new violation for purposes of fines and penalties and not further notice to the owner is required.

Notice of Violation; Penalty.

For any violation of paragraph b1 herein the fines shall be not less than two hundred fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars per day for each day of continuing violation or a confinement to not more than ninety (90) days in jail or both for each summons issued. Each day a violation continues, beyond the date fixed for compliance in the notice provided for herein, shall constitute a separate offense.

Suspension of Fines and Penalties. Fines and penalties for violations under paragraph b,1 herein may be suspended by the Construction Official, at his sole discretion, if the violation has been corrected within seven (7) days of the initial notice of such violation, except in the case where the property owner in question has been previously found guilty of any violation covered under paragraph b of this subsection for each the subject property or any other property owned in Little Ferry. In such case, there shall be no suspension of fine or penalty.

§ 35-110 R-M MULTIFAMILY RESIDENTIAL ZONE.

§ 35-110.1 Objectives.

[1982 Code § 134-9A]

It is the purpose of the R-M Multifamily Residential Zone District to provide for the customary needs of low- and moderate-income families residing in multifamily housing, senior citizens, one-person and larger households and other persons.

§ 35-110.2 Permitted Uses.

[1982 Code § 134-9B]

In the R-M Multifamily Residential Zone, no building or premises shall be used and no building or part of a building shall be erected or altered which shall be arranged, intended or designed to be used for any purpose other than the following uses:

Single-family attached or semiattached residential structures, including and encouraging a variety of housing types and styles such as duplexes and townhouses.

Multifamily residential structures, including garden apartments.

§ 35-110.3 Conditionally Permitted Uses.

[1982 Code § 134-9C]

Conditionally permitted uses shall include the following:

One- and two-family residences conforming to R-M area and yard requirements.

Public and semipublic uses, such as firehouses and churches, conforming to R-M area and yard requirements.

§ 35-110.4 Permitted Accessory Uses.

[1982 Code § 134-9D; New]

Permitted accessory uses shall be as follows:

Garages to house residents' vehicles.

Indoor and outdoor tennis courts, subject to planted buffers and site plan approval.

Accessory recreational uses customarily incidental to the permitted uses, such as shuffleboard, bocci courts and swimming pools.

§ 35-110.5 Prohibited Uses.

[1982 Code § 134-9E]

Any uses other than those uses permitted by subsections 35-110.1 through 35-110.4 shall be prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this section shall be construed to permit any of the following uses in any R-M Multifamily Residential Zone District:

Mid-rise apartments and high-rise apartments.

All nonresidential uses.

The parking of commercial vehicles with a registered gross vehicle weight of seven thousand (7,000) pounds or more when loaded.

[Added 8-17-2021 by Ord. No. 1557-15-21]

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-110.6 Area and Yard Requirements.

[1982 Code § 134-9F]

Area and Yard Requirements for the R-M Zone.

Type	Requirement
THE LOT
Minimum area residential lots (square feet)	60,000
Minimum lot area per dwelling unit (square feet)	1,750
Maximum lot coverage (percent)	32
Width (feet)	200
Depth (feet)	100
Front yard setback (feet)	45
1 side yard (feet)	25
Both side yards
Minimum when abutting other R-M use	35
All other side yards minimum (feet)	50
Rear yard (feet)	50
Off-street parking spaces required, each dwelling	2.5
Minimum landscaped area (percent)	50
THE DWELLING STRUCTURE
Maximum height:
Stories	2.5
Feet	35

§ 35-110.7 Required Buffer.

[1982 Code § 134-9G]

A thirty-foot planted buffer strip creating an effective visual screen, consisting of two (2) rows of staggered evergreen trees, a minimum of six (6) feet high, planted fifteen (15) feet on center, shall be required wherever an R-M multifamily housing use abuts any other use, and the buffer strip shall not be used for roadway or parking.

§ 35-110.8 Multifamily Building Requirements.

[1982 Code § 134-9H; New]

In an R-M Multifamily Residential Zone, the following miscellaneous regulations shall apply:

Minimum Spacing Between Buildings.

Between Similar Structures. In development groups [more than one (1) building or structure on tract], the following distances shall be required between similar use structures:

End wall (no openings) to end wall: one-half (1/2) the height of the highest wall, twenty (20) feet minimum.

Any building face to street curb: the height of the building face for the first twenty-five (25) feet, two (2) times the building height for twenty-five (25) feet and over, forty-five (45) feet minimum.

Any building face to parking area: one-half (1/2) the height of the highest building face, twelve (12) feet minimum.

End wall to window wall: two (2) times the height of the highest wall, fifty-five (55) feet minimum.

Window wall to window wall: three (3) times the height of the highest wall, seventy-five (75) feet minimum.

Townhouses.

There shall be a maximum of eight (8) units in a single row. The minimum width of a unit shall be eighteen (18) feet. There shall be an offset of four (4) feet between every two (2) units.

Townhouses should be grouped in clusters, with a maximum of thirty (30) per cluster. Private parking areas should be located near the entrances and outdoor living areas or patios adjoining open space of paths leading to open space. Units should not front on a through street.

The maximum density of townhouses shall be eight (8) dwelling units per acre. Each unit should have two (2) means of ingress and/or egress. End units should have at least a ten-foot side yard. Units should be at least fifty (50) feet from all tract boundary lines unless abutting the same or higher density area, in which case thirty-five (35) feet is permitted, exclusive of required buffers.

Townhouses in each cluster should be consistent in terms of architectural style and major design elements, such as materials, windows, roof designs, etc. Design approval shall rest with the Planning Board.

Garden Apartments.

There shall be a maximum of twenty (20) units in any structure, and the maximum length of structures shall be one hundred sixty (160) feet. The maximum density shall be twelve (12) dwelling units per acre.

Garden apartment structures should be grouped in clusters, with architectural design consistent in each cluster. Each unit should have two (2) means of access, one directly from the unit to the outside and the other as required by the Planning Board. A four foot building offset should be required every forty (40) feet.

Provision shall be made for a master television antenna, and no individual antenna shall be permitted on the exterior of any building.

Other Regulations.

Recreation facilities, such as swimming pools and tennis courts, should be encouraged but carefully located to avoid problems of noise, light and similar nuisance elements affecting residential units. They shall be located not less than fifty (50) feet from any boundary.

Each principal building shall have uninterrupted frontage upon a street or court; if the frontage is upon a court, the least dimension of the court shall be not less than twice the average height of the opposite building walls.

No front yard shall be used for service such as clothes drying and outdoor storage.

Visibility at intersections, accessory buildings and signs are subject to the same regulations as contained in this Chapter 35, Land Use, Article 100, Zoning, of the Code of the Borough of Little Ferry, for R-A and R-B Zones.

Where a lot in an R-M Multifamily Residential Zone, used for garden apartments or townhouses, abuts a residential zone, there shall be provided along such abutting lot line in the R-M Zone a landscaped strip not less than fifteen (15) feet in width or depth, which strip shall not be utilized for a roadway or parking and shall be so planted as to form an effective visual screen.

All utilities and their service lines, including electric and telephone, shall be installed underground and in accordance with the specifications of the appropriate utility. Wherever the utility is not installed in a public right-of-way, an appropriate utility easement shall be provided.

All streetlights and all lighting along pedestrian walks and in parking areas shall be shaded and installed on ornamental standards with underground wiring. They shall be of a style and design compatible with the nature and design of the project and shall be approved by the Planning Board and the utility company.

All multifamily residential projects must be designed so as to provide free and safe circulation of vehicular and pedestrian traffic within the project and on adjoining streets and roads.

Adequate provision shall be made for the storage and removal of garbage, which shall be at the sole cost and expense of the owner.

Adequate provisions shall be made for snow removal on all sidewalks, streets, roads, driveways and parking areas within the project, which shall be at the sole cost and expense of the owner.

All multifamily residential projects must be served by public water and sanitary sewer utilities, and any extension of these utilities shall be at the sole cost and expense of the owner.

All streets and roads within a multifamily residential project, except driveways, and all streets and roads bordering on the project shall be not less than sixty-two (62) feet in width, including the sidewalk area. The paved portion of all streets and roads bordering on the project and all through streets shall be not less than thirty-six (36) feet in width, and the paved portion of all other streets and roads shall be not less than thirty (30) feet in width unless the Planning Board requires a greater width because of the layout of the project or the anticipated flow of traffic. All streets, roads, driveways and parking areas shall be paved and curbed.

An improved recreational area or areas shall be provided at the rate of one thousand (1,000) square feet for every ten (10) dwelling units, but a swimming pool and associated recreational facilities shall not be considered an improved recreational area for the purpose of this section.

Each dwelling unit in the R-M Multifamily Residential Zone shall be air conditioned by an air-conditioning system with separate thermostats in each unit or, in the alternative, at least two (2) window air conditioners shall be installed in each dwelling unit, which shall not project outward more than one (1) inch beyond the face of the wall of the building in which they are installed.

15.

In multifamily residential projects, fire hydrants shall be installed at appropriate locations and a maintenance easement or easements shall be provided as required by the Planning Board.

Off-Street Parking.

Each off street parking space shall be a minimum of ten by eighteen (10 x 18) feet.

All parking areas shall be designed for ninety degree parking with aisles having a minimum width of twenty-four (24) feet, except that where there is a limited amount of space available for parking, the Planning Board may permit sixty-degree-angle parking, with aisles having a minimum width of twenty (20) feet.

Front yard parking shall be prohibited.

The minimum distance from any off-street parking space to the exterior wall of the nearest multifamily structure shall be eight (8) feet.

One (1%) percent of the total number of parking spaces, but in no event fewer than two (2) spaces, at a location in the parking area most accessible to the building served by this parking area, shall be set aside to accommodate the physically handicapped. Such spaces shall each be twelve (12) feet in width and shall be level-paved. A level-paved aisle of four (4) feet in width shall be provided between such parking spaces and the building to permit access to the building by handicapped persons.

Each space or groups of parking spaces shall be identified with a clearly visible sign displaying the international symbol of access and the following wording: "Reserved for Physically Handicapped."

Such parking spaces shall be located, wherever possible, so that handicapped persons shall not be compelled to walk behind parked cars. Curb ramps shall be provided between the parking area and adjoining sidewalks in accordance with the provisions of the Little Ferry Construction Code and/or State Uniform Construction Code, the International Building Code or applicable regulations.[1]

Editor's Note: See Chapter 13, Building and Construction.

§ 35-110.9 Rental Properties; Certificate of Occupancy Requirements.

[1982 Code § 134-8.1; Ord. No. 1049-8-01 § 1; Ord. No. 1191-35-05; Ord. No. 1199-08-06]

Certificates of Occupancy or Continued Occupancy Required Prior to Rental of Certain Property.

Required. Each time there is an erection, alteration, transfer of title within the Borough; and each time there is a rental of property within the Borough, which property is used as, or proposed to be used, in whole or in part as an apartment within an apartment complex or within any other single or multi-family residential structure permitted within the R-M Zone, the owner of such property must obtain from the Construction Official a Certificate of Continued Occupancy certifying that the property may be continued to be used as it is currently being used and certifying that the use of the property is a permitted use in the R-M Zone, by virtue of either the fact that the use is a permitted use in the R-M Zone or by virtue of the fact that the use is a valid nonconforming use in the R-M Zone or a permitted use by legal variance procedure.

Fee for Certificate. The fee for a Certificate of Continued Occupancy shall be thirty ($30.00) dollars payable to the Borough of Little Ferry.

Notice of Violation; Penalty. In the event an owner of the property in the R-B Zone fails to obtain a Certificate of Continued Occupancy; the Construction Official shall notify the property owner of the violation by sending a notice of violation at the subject premises. In the event the property owner fails to thereafter obtain a Certificate of Continued Occupancy, the property owner shall be subject to a fine of not less than two hundred fifty ($250.00) dollars nor more than one thousand ($1,000.00) dollars per day for each day of continuing violation or a confinement to not more than ninety (90) days in jail or both for each summons issued. Each day a violation continues, beyond the date fixed for compliance in the notice provided for herein, shall constitute a separate offense.

If, after inspection, it is determined that there is a violation of any health, safety, fire, construction or property maintenance statute, code, rule or regulation warranting the revocation of the Certificate of Continued Occupancy, the Construction Official shall (1) immediately revoke the Certificate of Continued Occupancy (2) notify the owner of the property of the violation (3) inform the owner of the property that he will have forty-eight (48) hours to remedy the situation. After forty-eight (48) hours a summons shall issue and be returnable in the Municipal Court within thirty (30) days after the date of the original notice to owner. Notice to owner shall be deemed sufficient if the Construction Official speaks with the owner personally, leaves a message on a voice mail or other answering device or service, or by mail. Notice by mail will be deemed received by the property owner twenty-four (24) hours after mailing. Each day the violation is not corrected after the initial forty-eight (48) hours shall be deemed a new violation for purposes of fines and penalties and not further notice to the owner is required.

Notice of Violation; Penalty.

For any violation under paragraph b2 herein, the fines and penalties shall be determined in accordance with the established fines and penalties for the respective health, safety, fire, construction or property maintenance statute, code, rule or regulation cited.

Suspension of Fines and Penalties. Fines and penalties for violations under paragraph b1 herein may be suspended by the Construction Official, at his sole discretion, if the violation has been corrected within seven (7) days of the initial notice of such violation, except in the case where the property owner in question has been previously been found guilty of any violation covered under paragraph b of this subsection for either the subject property or any other property owned in Little Ferry. In such case, there shall be no suspension of fine or penalty.

§ 35-111 B-N NEIGHBORHOOD BUSINESS ZONE.

§ 35-111.1 Objectives.

[1982 Code § 134-10A]

It is the purpose of the B-N Neighborhood Business Zone to provide for the customary convenience shopping needs of the Little Ferry residential neighborhoods and for the customary miscellaneous business and service needs of the community.

§ 35-111.2 Permitted Uses.

[1982 Code § 134-10B]

In the Neighborhood Business Zone, no building or premises shall be used and no building or part of a building shall be erected, constructed or altered which shall be arranged, intended or designed to be used for any purpose other than the following uses:

Local business activities, which may include shops or stores for retail merchandising, provided that there is no fabricating, manufacturing, converting, altering or assembling of articles except as incidental to the particular retail trade to be conducted, such as antique shops, bakeries and butcher stores, bookstores and magazine stores, cabinet and furniture stores, drug stores, florists, grocery stores, meat markets, package liquor stores and delicatessens.

Local service activities, which may include personal service establishments such as barbershops and beauty parlors, tailors, dressmakers, coin-operated laundries, dry cleaners, shoe repairs, printing establishments, television and radio repairs, theaters, music and dancing schools, art galleries, art studios, travel agencies and repair of small appliances and other personal and household articles of a size and bulk which can be carried or transported without the aid of machinery or other mechanical assistance.

Office buildings, including banks; savings and loan institutions; professional, business and government offices; offices of physicians, dentists, lawyers, architects, engineers, accountants and real estate and insurance brokers; and post offices.

Personal service establishments or recreational facilities intended to serve the Little Ferry community's needs, such as funeral parlors and mortuaries, museums, bowling alleys, assembly halls, gymnasiums and telephone exchanges.

§ 35-111.3 Conditionally Permitted Uses.

[1982 Code § 134-10C]

Conditionally permitted uses shall be as follows:

Community buildings, schools, churches and houses of worship, clubs and activities of a quasi-public, social or fraternal character.

Auction houses, not including flea markets. Auction houses shall be subject to the same regulations as provided for meeting halls in the R-B Zone.

Requirements.

Area and Yard Requirements — Conditional Uses. The area and yard requirements for conditional uses shall be the same as those for said uses in the R-B Zone.

Buffer Areas.

For churches and houses of worship, no vehicular entrance or exit to public streets shall be within seventy-five (75) feet of a street intersection.

No church or place of worship shall be located within one thousand (1,000) feet of any other church or place of worship.

§ 35-111.4 Accessory Uses.

[Ord. No. 1415-23-14]

Any use or structure that is customary and incidental to a principally permitted use.

Outdoor sales display, consistent with Section 35-712.

Sidewalk cafes, defined as the utilization of sidewalk space beyond the building line to accommodate the serving of food and drink to patrons of a food service establishment, immediately fronting on that sidewalk space, which space is unenclosed. No sidewalk cafe shall operate within the Borough unless and until the owner or operator has fully complied with and continues to comply with all of the criteria set forth in this chapter. Sidewalk cafes shall only be permitted in front of an operating food service establishment that has previously acquired all of the required licenses and/or permits needed to operate within the Borough and upon the following conditions:

[Added 7-9-2019 by Ord. No. 1517-07-19]

No outdoor dining area shall be located within any public right-of-way. Sidewalk cafes are limited to 50% of the paved impervious sidewalk area of the public right-of-way not less than 12 feet between the front of such premises and the curbline and immediately adjacent to a permanent structure in the B-N Neighborhood Business Zone on Liberty Street and Main Street.

All outdoor dining areas shall be limited to not more than 15% of the total maximum permitted seating for the establishment.

Tables shall be arranged so that the side of each table shall be as close as practical to the adjacent wall of the food establishment it is associated with, provided that in no event shall the establishment be allowed more than one table and two chairs for every five feet of storefront of the establishment requesting the outdoor dining.

Tables shall be limited to two-seat tables. The maximum permitted depth of the table, as measured from the nearest wall it abuts, shall be 40 inches.

Table umbrellas are permitted for outdoor cafes on sidewalks, subject to the following:

Umbrellas shall only be permitted at the permitted outdoor cafe tables, and the number of umbrellas shall be no more than the number of tables permitted.

The size of the umbrellas shall allow at least a vertical clearance under the umbrella of six feet eight inches. The width of the umbrella and its placement shall be such as to leave a four-foot-wide unobstructed path of sidewalk parallel to the curb across the entire frontage of the property in question.

All umbrellas shall be vented and properly secured with pins or bolts through the table framework, with weighted umbrella stands directly beneath the table to prevent toppling in high winds.

Umbrellas shall not be illuminated, and signs are only permitted on the valance of the umbrella.

The maintenance and daily removal of umbrellas shall be in conformance with the standards of this chapter.

No food or drink shall be prepared or stored other than in the interior of the eating establishment.

No tables, chairs or other equipment shall be attached, chained or in any manner affixed to any tree, post, sign, curb or sidewalk, or property of the Borough.

No outdoor loudspeaker, public-address system, radio or similar device shall be utilized.

The applicant shall remove all chairs, tables and other equipment from the sidewalk at the close of business each day unless the chairs, tables and other equipment are surrounded by a partition that separates the sidewalk cafe area from the public portion of the sidewalk. The partition shall be no less than 30 inches in height and shall not exceed 36 inches in height, and the design of the partition shall provide boundaries which will allow patrons and pedestrians to clearly ascertain the entrance and exit to the premises.

The area utilized for the sidewalk cafe shall be cleared of any obstruction and cleaned of refuse, debris and/or food waste at the close of business on each day.

The Borough shall not require additional parking for outdoor cafe seating.

Operation of open sidewalk cafes shall be permitted from April 15 through November 30, inclusive. The hours of operation shall be 8:00 a.m. until 10:00 p.m. on Sundays through Thursdays, and 8:00 a.m. until 11:00 p.m. on Friday and Saturday, except that no alcoholic beverages may be served before 12:00 noon on any day, and then only upon proper revision of the liquor license applicable to the premises with the Borough and/or New Jersey Alcoholic Beverage Commission, as required.

The Borough shall grant a revocable license, renewable each year, for seasonal operation for limited sidewalk cafes.

The Zoning Code Official shall prepare an application form and shall be responsible for reviewing all submitted applications to ensure that the owner and operator demonstrate adherence to all of the conditions set forth in this chapter and all applicable Borough and state laws and regulations. Included within the application shall be the following:

(1)

The name, address and telephone number of the applicant and property owner, and written authorization of the owner of the property in question, and the street address and block and lot number of the property in question.

(2)

A survey, schematic or other evidence illustrating the location and number of proposed tables, chairs, planters, awnings or other fixtures proposed to be located in the outdoor cafe.

(3)

The drawing shall illustrate the location of any doors leading from the food establishment to the outdoor dining area. No such door may be obstructed in any manner, the dimension and location of the unobstructed space permitting the passage of pedestrian traffic around or through the outdoor cafe.

(4)

A statement of the seating capacity of the existing food establishment and the proposed seating capacity of the outdoor dining area shall be shown.

The Borough, through its duly authorized agents, reserves the right to revoke the license of any sidewalk cafe licensee for failure of any licensee to comply with this chapter or for violation of any other applicable federal, state, county or municipal law, regulation or ordinance. Any license issued hereunder is issued upon the express understanding that the licensee obtains no property right thereunder nor any interest in the continuation of said license. It shall be considered a violation of this chapter for any person to operate an outdoor cafe after the suspension or termination of the applicable license.

The Borough expressly reserves the right to require removal of all sidewalk cafes or other projections or encumbrances upon any street, sidewalk or public easement which are improperly constructed or maintained.

In addition to the powers of suspension or revocation as set forth above, the Borough reserves the right to modify, suspend or revoke any license on five days' written notice if the Borough determines that pedestrian traffic is, in fact, impeded or made unsafe because of the operation of the outdoor cafe or because of any other safety issue which the Borough determines adversely affects the Borough because of such operation. The license may also be suspended or revoked on five days' written notice in the event that the Borough determines that it is necessary to utilize the area or any part thereof for the maintenance or installation of underground utilities. In the event of any emergency, which is certified by the Borough Administrator, the license may be suspended or revoked without notice.

Applications for renewal of permits shall be made in the same manner as original applications.

(f)

Licenses shall be personal to the applicant, and any change or transfer in the ownership interest of the business entity or establishment utilizing the license shall terminate the license and shall require new application and a new license in conformance with all of the requirements of this chapter.

Fees.

The applicant shall pay an application fee of $200 for each application or annual renewal.

The applicant may also be required to post an escrow fee of $500 for the engineering review of the application by the Borough Engineer.

15.

Insurance required.

The applicant must have a comprehensive general liability insurance policy issued by a company authorized to do business in the State of New Jersey in effect at the time of the application and show proof thereof. If the operator is not the property owner, then the property owner must likewise have insurance in effect at the time of application by the restaurant operator. The Borough of Little Ferry and the County of Bergen must be designated as an additional insured on the operator's policy as well as on the property owner's policy, affording coverage set forth below in the amounts specified:

(1)

Bodily injury:

(i)

Each person: $300,000.

(ii)

Each accident: $1,000,000.

(2)

Property damage:

(i)

Each person: $300,000.

(ii)

Each accident: $1,000,000.

The insurance coverage required by this section shall at all times be maintained for the full amount. The policy of insurance required by this section to be filed with the Zoning Code Official shall contain a clause obligating the company issuing the same to give not less than 30 days' written notice to the Borough Clerk before cancellation or amendment of any terms thereof. Notice of cancellation shall not relieve the company issuing such policy of liability for any injury or claim arising.

The applicant shall also file with the Zoning Code Enforcement Official a statement agreeing to indemnify and hold harmless the Borough of Little Ferry, County of Bergen, and their agents, servants, representatives or employees from any and all claims, damages, judgment costs or expenses, including attorneys' fees, which they or any of them may incur or be required to pay because of any personal injury, including death, or property damage suffered by any person or persons as a result of or related in any way to the operation and maintenance of the outdoor dining for which the license is issued.

16.

Violations and penalties.

Any person, firm, company, or corporation violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine of not less than $100 nor exceeding $1,000 or imprisonment for a period not exceeding 90 days, or both, and each and every day in which said violation exists shall constitute a separate violation.

Any person, firm, company or corporation that fails to comply with the criteria for establishment of a limited sidewalk cafe set forth in this chapter shall be deemed to have violated this chapter and shall face the above fines and/or penalties.

§ 35-111.5 Prohibited Uses.

[1982 Code § 134-10E; Ord. No. 1415-23-14]

Any uses other than those uses permitted by subsections 35-111.1 through 35-111.3 shall be prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this article shall be construed to permit any of the following uses in any B-N Neighborhood Business District:

Dwellings containing more than two (2) dwelling units.

Shopping centers, mini-malls or other similar structures or complexes of structures containing several separate retail units, each of which share the use of common exterior elements on the premises, such as access, walkways and parking areas.

Restaurants and/or bars or other like facilities used or intended to be used for the consumption of food and/or beverages by the patrons thereof upon the premises.

Laboratory or industrial uses, including but not limited to fields of economic activity, such as forestry, fishing, hunting and trapping, mining, construction, manufacturing, transportation, communication, electric, gas, sanitary services and wholesale trade.

Wholesaling establishments or places of business primarily engaged in selling merchandise to retailers, industrial, commercial, institutional, or professional business users or to other wholesalers.

Warehousing or terminal facilities for handling freight with or without maintenance facilities.

Automotive sales and service facilities, which shall include but not be limited to:

New and used car or truck sales.

Automobile repair shops, bodyshops and paint shops.

Commercial garages, including but not limited to buildings, or a portion thereof, other than a private garage, used primarily for the parking and storage of vehicles and available to the general public for a fee.

Commercial parking lots.

Gasoline service station, including but not limited to any building, land area or other premises, or a portion thereof, used or intended to be used for the retail dispensing or sale of vehicular fuels or the sale and installation of lubricants, tires, batteries and similar accessories.

Car wash establishments, including but not limited to any building or premises or portions thereof used for washing automobiles.

Driving schools, including but not limited to any building or part thereof which is designated, constructed or used for education or instruction in driving.

Tire, battery, muffler, upholstery, radiator and other accessory shops or stores.

All commercial drive-through establishments, including but not limited to all businesses offering goods and services having facilities for the conduct of the business without the necessity of customers exiting their motor vehicles.

Outdoor storage.

[Added 8-17-2021 by Ord. No. 1557-15-21]

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-111.6 Area and Yard Requirements.

[1982 Code § 134-10F]

Area and Yard Requirements for B-N Neighborhood Business Zone.

Type	Requirement
THE LOT
Minimum area (square feet)	5,000
Maximum lot coverage (percent)	50
Width (feet)	50
Depth (feet)	100
Front yard setback
1-story (feet)	10
2-story (feet)	15
1 side yard (feet)	10
Both side yards (feet)	20
Rear yard (feet)	20
Minimum landscaped area (percent)	20
THE STRUCTURE
Maximum height
Stories	2
Feet	30

§ 35-111.7 Off-Street Parking Requirements.

[1982 Code § 134-10G; Ord. No. 1088-25-02]

Professional offices shall have one (1) space for each professional person or employee, plus one (1) space for each two hundred (200) square feet of office space or part thereof.

Commercial uses shall have one (1) space for each employee, plus one (1) space for each two hundred (200) feet of floor area.

(Reserved)

Bowling alley shall have three (3) spaces per lane.

Place of public assembly shall have one (1) space per every two (2) seats based on seating capacity.

Funeral home with mortuary shall have one (1) space per every two (2) seats based on seating capacity.

Where there is more than one (1) use on the premises, the required number of parking spaces shall be the sum of the components required.

For uses not listed above, required parking spaces shall be according to the category which most nearly approximates each particular use as determined by the Planning Board.

The parking requirements for professional or commercial uses shall be met within two hundred (200) feet of the site. The Planning Board, or Board of Adjustment pursuant to N.J.S.A. 40:55D-76, shall review all off-street parking lots as provided in Article 500, Site Plan Review, but in no case shall off street parking be provided off site without Board approval, nor shall parking standards be less than those specified in the off-street parking requirements of the Code of the Borough of Little Ferry.

Notwithstanding any other provision set forth in the Land Use or off-street parking requirements of the Code of the Borough of Little Ferry, parking spaces in the B-N Neighborhood Business Zones only shall have an area of not less than one hundred sixty-two (162) square feet exclusive of passageways and areas appurtenant thereto, with a minimum length of eighteen (18) feet and a minimum width of ten (10) feet.

Retail uses within excess of five thousand (5,000) square feet of floor area with an area separately designated or dedicated to storage use only shall have one (1) space for each employee, plus one (1) space for each one thousand (1,000) square feet of floor area separately designed or dedicated to storage use, plus one (1) space each two hundred fifty (250) square feet of floor area not separately designated or dedicated to storage use.

§ 35-111.8 Off-Street Loading Requirements.

[1982 Code § 134-10H]

Off-Street Loading and Unloading. For any building hereafter erected and having a ground floor area of more than three thousand (3,000) square feet, off-street loading space shall be provided in such amount and manner that all loading and unloading operations will be conducted entirely within the boundaries of the lot concerned, and no vehicle or conveyance shall in any manner use public streets, sidewalks or rights-of-way for loading or unloading operations, other than for ingress and egress to the lot.

Every commercial structure in excess of five thousand (5,000) square feet of gross floor area, other than a professional office building, shall provide, at the side or rear of the structure, a minimum of one (1) off-street loading space, fifteen (15) feet by thirty (30) feet, subject to Planning Board approval. There shall be no loading or unloading from the street in the B-N Neighborhood Business Zone District.

§ 35-111.9 Parking and Loading Areas.

[1982 Code § 134-10I; Ord. No. 1415-23-14]

Any parking area adjacent to a public right-of-way shall be screened from view by a masonry wall not less than 42 inches and not more than 48 inches in height and a eight (8) foot wide planted buffer, composed of trees and evergreen shrubs, on the outward facing side of the wall.

The wall shall be composed of concrete block, stone or brick; stucco finish is prohibited.

The finish of the wall shall match or complement the building materials used for the principal building.

The color of the masonry units shall be integral; it shall not be applied (painted on).

Any parking area or loading area adjacent to a residential or public use shall be screened from view by an opaque fence or wall not less than five (5) feet and not more than six (6) feet in height and a five (5) foot wide planted buffer, composed of trees and evergreen shrubs, on the outward facing side of the wall. Any wall shall meet the following requirements:

The wall shall be composed of concrete block, stone or brick; stucco finish is prohibited.

The finish of the wall shall match or complement the building materials used for the principal building.

The color of the masonry units shall be integral; it shall not be applied (painted on).

Loading and unloading shall take place at locations consistent with a site plan approval and shall not take place on the street.

Loading areas shall be located at the rear of the building.

Any loading area adjacent to a public right-of-way shall be screened from view by a masonry wall not less than 42 inches and not more than 48 inches in height and a ten (10) foot wide planted buffer, composed of trees and evergreen shrubs, on the outward facing side of the wall.

The wall shall be composed of concrete block, stone or brick; stucco finish is prohibited.

The finish of the wall shall match or complement the building materials used for the principal building.

The color of the masonry units shall be integral; it shall not be applied (painted on).

§ 35-111.10 Signs.

[1982 Code § 134-10J; Ord. No. 1135-12-04; Ord. No. 1123-04-07]

All signs in the B-N Neighborhood Business Area shall be in full compliance with the requirements of Chapter 35, Land Use, Article 100, Zoning, and this section of the Borough of Little Ferry ordinances.

Sign. Regulations. See Section 35-710, Signs.

§ 35-111.11 Landscaped Open Space Area.

[1982 Code § 134-10K]

In order to provide for much needed pervious areas for drainage purposes, a minimum of twenty (20%) percent of the total lot area shall be maintained in lawns, gardens, buffer strips and woodlands, subject to site plan approval.

§ 35-111.12 Planted Buffer Strip.

[1982 Code § 134-10L]

Where a lot in a B-N Neighborhood Business district abuts a lot in any residential district, there shall be provided along such lot lines on such business lot a planted buffer strip at least equal to the width or depth of that required in the residential district, but in no case shall such yard be smaller than that required for the district in which such lot is located, and, in the yard, a strip of ten (10) feet abutting the residential district shall not be utilized for roadway or parking and shall be landscaped and planted so as to create an effective evergreen visual screen.

§ 35-111.13 Sight Rights.

[1982 Code § 134-10M]

Visibility at intersections shall conform to that required by subsection 35-108.7b1.

§ 35-111.14 Site Plan Approval.

[1982 Code § 134-10N]

Site development plan approval in accordance with Article 500, Site Plan Review, of this chapter shall be required prior to the issuance of building permits for the erection of all permitted and conditionally permitted uses and structures. Such approval shall also be required prior to the issuance of a certificate of occupancy for a change of use of a permitted or conditionally permitted use.

§ 35-111.15 Door and Window Visibility.

[1982 Code § 134-100; Ord. No. 1088-25-02; Ord. No. 1135-12-04]

All storefront windows, glass doors, or doors with glass openings, may have signs, shades, blinds, curtains, drapes, or other coverings on such glass doors, or doors with glass openings, provided that the area covered does not exceed twenty (20%) percent of the total window, glass door or door with a glass opening. All such windows, glass doors or doors with glass openings must remain at all times eighty (80%) percent unobstructed.

§ 35-112 B-H HIGHWAY AND REGIONAL BUSINESS ZONE.

§ 35-112.1 Objectives.

[1982 Code § 134-11A]

It is the purpose of the B-H Highway and Regional Business Zone to provide for the common needs of regionally oriented uses, such as shopping centers, hotels, motels, theaters, auditoriums and offices, and to encourage common facilities, such as service drives, customer parking, landscaping, malls, colonnades and pedestrian walks, truck loading and unloading and utilities for each to utilize and to share in common, and highway-oriented office uses.

§ 35-112.2 Permitted Uses.

[1982 Code § 134-11B; Ord. No. 1293-03-10]

In the B-H Highway and Regional Business Zone, no buildings or premises shall be used and no building or part of a building shall be erected, constructed or altered which shall be arranged, intended or designed to be used for any purpose other than the following uses:

Regionally oriented retail shopping centers consisting of integrated development of such uses as retail stores and shops housed in an enclosed building or buildings and utilizing such common facilities as customer parking areas, pedestrian walks, truck loading and unloading space, utilities and sanitary facilities and gasoline filling stations.

Theaters and auditoriums.

§ 35-112.3 Conditionally Permitted Uses.

[1982 Code § 134-11C]

Uses. Conditionally permitted uses shall be as follows:

Professional, business and governmental offices.

Banks and savings-and-loan institutions.

Post offices.

Hotels and motels.

Requirements.

Site development plan approval in accordance with Article 500, Site Plan Review of this chapter shall be required prior to the issuance of building permits for the erection of all conditionally permitted structures. Such approval shall also be required prior to the issuance of a certificate of occupancy for a change of use of a conditionally permitted use.

Area and yard requirements-conditional uses. The area and yard requirements for the B-H Highway and Regional Business Zone can be found in Schedule D, Section 35-124, Area and Yard Schedules; Off-Street Parking Schedule.

Other Requirements. Other requirements for conditional uses shall be as follows:

Off-Street Loading Requirements. There shall be no loading or unloading from the street in the B-H Zone.

Landscaped Open Space Area. In order to provide for much needed pervious area for drainage purposes, a minimum of twenty (20%) percent of the total lot area shall be maintained in lawns, gardens, buffer strips, woodlands or other forms of landscaping subject to site plan approval.

The parking requirements for professional or business office uses shall be met within two hundred (200) feet of the site. The Planning Board shall review all off-street parking lots as provided in Article 500, Site Plan Review, but in no case shall off-street parking be provided off-site without Planning Board approval, nor shall parking standards be less than those specified in this section.

§ 35-112.4 Permitted Accessory Uses.

[1982 Code § 134-11D]

Permitted accessory uses shall be as follows:

Accessory uses and structures customarily incidental to a principal permitted use.

Garages to house delivery trucks or other commercial vehicles, only when accessory to a permitted nonresidential use, and public and private parking.

§ 35-112.5 Prohibited Uses.

[1982 Code § 134-11E; Ord. No. 1293-03-10]

Any uses other than those uses permitted by subsection 35-112.1 — 35-112.4 shall be prohibited without in any way limiting the generality and prohibition of this section. Nothing contained in this article shall be construed to permit any of the following uses in any B-H Highway and Regional Business Zone:

Laboratory or industrial uses.

Wholesaling or warehousing.

Automobile repair shops.

Commercial garages.

Body shops.

Paint shops.

Gasoline service stations.

Car wash establishments.

Driving schools.

Automotive uses, including new and used car sales and servicing, new and used truck sales and servicing, new and used tractor and farm equipment sales and servicing, tires, battery, muffler, upholstery or radiator and other automotive accessory shops or stores.

[Added 8-17-2021 by Ord. No. 1557-15-21]

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-112.6 Area and Yard Requirements.

[1982 Code § 134-11F]

Area and Yard Requirements for the B-H Highway and Regional Business Zone.

Type	Requirement
THE LOT
Minimum area (square feet)	80,000
Maximum lot coverage (percent)	30
Width (feet)	150
Depth (feet)	200
Front yard setback (feet)	50
1 side yard (feet)	25
Both side yards (feet)	50
Rear yard (feet)	35
Minimum landscaped area (percent)	20
THE STRUCTURE
Maximum height
Stories	2
Feet	30

§ 35-112.7 Off-Street Parking Requirements.

[1982 Code § 134-11G]

Commercial uses shall have one space for each employee, plus one space for each two hundred (200) feet of floor area.

Eating and drinking establishments shall be as provided in subsection 35-111.7.

For uses not listed above, required parking spaces shall be according to the category which most nearly approximates each particular use as determined by the Planning Board.

The parking requirements for professional or commercial uses shall be met within two hundred (200) feet of the site. The Planning Board shall review all off-street parking lots as provided in Article 500, Site Plan Review, but in no case shall off-street parking be provided off site without Planning Board approval, nor shall parking standards be less than those specified in the off-street parking requirements of the Code of the Borough of Little Ferry.

§ 35-112.8 Off-Street Loading Requirements.

[1982 Code § 134-11H]

In the B-H Highway and Regional Business Zone, every structure in excess of 5,000 square feet of gross floor area, other than a professional building, shall provide, at the side or rear of the structure, a minimum of one off-street loading space, fifteen by thirty (15 x 30) feet, subject to Planning Board approval. There shall be no loading or unloading from the street.

§ 35-112.9 Screening of Parking and Loading Areas.

[1982 Code § 134-11I]

In the B-H Highway and Regional Business Zone, all parking areas and loading and unloading areas in conjunction with any nonresidential use shall be screened from adjacent residential districts and parks by a hedge, fence or wall at least six feet in height, or other protective device as approved by the Planning Board. In no event, however, shall any fence or wall be erected within the required front yard setback.

§ 35-112.10 Signs.

[1982 Code § 134-11J; Ord. No. 1223-04-07]

See Section 35-710, Signs.

§ 35-112.11 Landscaped Open Space Area.

[1982 Code § 134-11K]

In order to provide for much needed pervious area for drainage purposes, a minimum of twenty (20%) percent of total lot area shall be maintained in lawns, gardens, buffer strips and woodlands, subject to site plan approval.

§ 35-112.12 Planted Buffer Strip.

[1982 Code § 134-11L]

Where a lot in a B-H Highway and Regional Business District abuts a lot in any residential district, there shall be provided along such lot lines on such business lot a planted buffer strip at least equal to the width or depth of that required in the residential district, but in no case shall such yard be smaller than that required for the district in which such lot is located, and in said yard a strip of twenty (20) feet abutting the residential district shall not be utilized for roadway or parking and shall be landscaped and planted so as to create an effective evergreen visual screen.

§ 35-112.13 Door and Window Visibility.

[1982 Code § 134-11M; Ord. No. 1135-12-04]

All windows, glass doors, or doors with glass openings, may have signs, shades, blinds, curtains, drapes or other coverings on such glass doors or doors with glass openings, provided that the area covered does not exceed twenty (20%) percent of the total window, glass door or door with a glass opening. All such windows, glass doors or doors with glass openings must remain at all times eighty (80%) percent unobstructed.

§ 35-112.14 Sight Rights.

[1982 Code § 134-11N]

Visibility at intersections shall be the same as provided in subsection 35-108.7b1.

§ 35-112.15 Site Plan Approval.

[1982 Code § 134-11O]

Site development plan approval in accordance with Article 500, Site Plan Review, of this chapter shall be required prior to the issuance of building permits for the erection of all permitted and conditionally permitted uses and structures. Such approval shall also be required prior to the issuance of a certificate of occupancy for a change of use of a permitted or conditionally permitted use.

§ 35-113 I-L LIGHT INDUSTRIAL ZONE. [1]

Editor's Note: Ord. No. 1410-18-14 amended § 35-113 in entirety. Former § 35-113, regarding signs, was derived from the 2010 Code §§ 35-113.1 — 35-113.14, and amended by Ord. Nos. 1135-12-04, 1223-04-07.

§ 35-113.1 Objectives.

[Ord. No. 1410-18-14]

The purpose of the I-L Light Industrial Zone is to provide for light industrial manufacturing, assembling, packaging, processing, warehousing and similar or complementary activities.

§ 35-113.2 Permitted Uses.

[Ord. No. 1410-18-14; amended 3-27-2018 by Ord. No. 1491-2-18]

In the I-L Light Industrial Zone, no building or premises shall be used, and no building or part of a building shall be erected, constructed or altered, which shall be arranged, intended or designed to be used for any purpose other than the following uses. More than one permitted principal use may be combined within a building or site.

Brewery/winery/distillery.

Contractor's yard or facilities.

Data center.

Day-care and nursery school.

Ground-mounted solar energy facility on a site 20 acres or larger.

Laboratory.

Light manufacturing.

Machine repair and service.

Office.

Self-storage.

Warehousing and distribution.

Wholesale.

§ 35-113.3 Conditionally Permitted Uses.

[Ord. No. 1410-18-14]

Wireless Telecommunications Towers and Antennas.

See Article 1100 of the Land Use Regulations for conditions and requirements.

Outdoor Storage.

Road frontage on Bergen Turnpike.

The use shall meet the requirements of Section 35-711, unless otherwise specified below.

A planted buffer of not less than forty (40) feet in width shall be provided along any side or rear yard adjacent to a residential use or district. The buffer shall be provided on the outward facing side of the fence or wall.

§ 35-113.4 Permitted Accessory Uses.

[Ord. No. 1410-18-14; amended 3-27-2018 by Ord. No. 1491-2-18]

Permitted accessory uses shall be as follows:

Offices.

Training center for specialized training of business, commercial and/or trade skills.

A cafeteria whose purpose is to serve food and drink to the employees of the principal use to which it is accessory.

Garages and storage buildings.

Off-street loading and parking, including structured parking.

Roof-mounted solar energy facility, subject to § 35-125, Solar Energy Facilities.

Parking canopy solar energy facility, subject to § 35-125, Solar Energy Facilities.

Warehousing and storage of equipment, materials and vehicles.

Accessory uses customarily incidental to the permitted uses.

§ 35-113.5 Prohibited Uses.

[Ord. No. 1410-18-14]

Any uses other than those uses permitted by subsections 35-113.1 through 35-113.4 shall be prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this article shall be construed to permit any of the following uses in any I-L Light Industrial Zone:

Residential use.

The storage of crude oil or any of its volatile by-products in tanks, except as incidental to a permitted use.

Junkyards, automobile graveyards or dismantling plants or the storage of secondhand materials derived therefrom.

Entertainment or amusement establishments.

Dog pounds, kennels or animal boarding.

Outdoor theater.

(Reserved)

Automotive uses, including:

New and used car or truck sales.

Automobile repair shops.

Commercial garages.

Body shops.

Paint shops.

Tire, battery, muffler, upholstery, radiator and other accessory shops or stores.

Gasoline service stations.

Car wash establishments.

Driving schools.

(Reserved)

Outdoor sales displays.

Retail sales.

Heavy manufacturing.

[Added 8-17-2021 by Ord. No. 1557-15-21]

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-113.6 Area and Yard Requirements.

[Ord. No. 1410-18-14]

Area and Yard Requirements for the I-L Light Industrial Zone.

Type	Requirement
THE LOT
Minimum area (square feet)	43,560
Maximum lot coverage (percent)	70
Width (feet)	100
Depth (feet)	100
Front yard setback (feet)	35
1 side yard (feet)	20
Both side yards (feet)	40
Rear yard (feet)	35
THE STRUCTURE
Maximum height
Stories	2
Feet	40
Floor area ratio	1.0

§ 35-113.7 Off-Street Parking Requirements.

[Ord. No. 1410-18-14; amended 3-27-2018 by Ord. No. 1491-2-18]

Off-street parking may be provided on site or within a building. Square footage of parking for employees or visitors that is provided within a building shall not be included in the calculation to determine parking requirements pursuant to this section.

Front yard parking in the I-L Light Industrial Zone shall be prohibited.

Brewery/winery/distillery: one parking space for each 500 square feet of floor area.

Contractor's yard or facilities: one parking space per each 1,000 square feet of floor area.

Data center: one parking space for each 1,500 square feet of floor area.

Day-care and nursery school: two parking spaces and one for each five children of rated capacity for child-care facilities.

Laboratory: one parking space per each 500 square feet of floor area.

Light manufacturing: one parking space per each 500 square feet of floor area.

Machine repair and service: one parking space per each 500 square feet of floor area.

Office space:

Floor area up to 10,000 square feet: one parking space for each 250 square feet of floor area.

Floor area above 10,000 square feet and less than 50,000 square feet: one parking space for each 325 square feet of floor area.

Floor area of 50,000 square feet and above: one parking space for each 375 square feet of floor area.

Self-storage: one parking space for each 1,500 square feet of floor area.

Warehousing and distribution: one parking space for each 5,000 square feet of floor area.

Where no building is provided, required parking spaces shall be according to the category which most nearly approximates each particular use as determined by the Planning Board.

§ 35-113.8 Off-Street Loading Requirements.

[Ord. No. 1410-18-14]

One (1) off-street loading space shall be provided for each 20,000 square feet of floor area or part thereof.

Loading spaces shall be a minimum size of 15 feet x 40 feet.

No loading or unloading shall take place on the street.

Loading spaces shall be located at the rear of the building.

§ 35-113.9 Screening of Parking and Loading Areas.

[Ord. No. 1410-18-14]

Any parking area adjacent to a public right-of-way shall be screened from view by a masonry wall not less than 42 inches and not more than 48 inches in height and a ten (10) foot wide planted buffer, composed of trees and evergreen shrubs, on the outward facing side of the wall.

The wall shall be composed of concrete block, stone or brick; stucco finish is prohibited.

The finish of any wall provided shall match or complement the building materials used for the principal building.

The color of the masonry units shall be integral; it shall not be applied (painted on).

Loading and unloading shall take place at locations consistent with a site plan approval and shall not take place on the street.

Loading areas shall be located at the rear of the building.

The wall shall be composed of concrete block, stone or brick; stucco finish is prohibited.

The finish of any wall provided shall match or complement the building materials used for the principal building.

The color of the masonry units shall be integral; it shall not be applied (painted on)

§ 35-113.10 Signs.

[Ord. No. 1410-18-14]

See Section 35-710, Signs.

§ 35-113.11 Buffer Strips and Landscaped Open Space Area.

[Ord. No. 1410-18-14]

Buffers.

A buffer of not less than forty (40) feet in width shall be provided along any side or rear yard adjacent to a residential use or district. A buffer of not less than fifteen (15) feet in width shall be provided along any side or rear yard adjacent to a nonresidential district. Evergreen plant materials at least six (6) feet in height, so as to provide a year-round effective visual screen when viewed from the residential zone, or other suitable screen so approved by the Planning Board, shall be placed within the required buffer. If the required planting screen or other materials are set back from the industrial-residential boundary, then the portion between the residential district and the required screen shall be landscaped and maintained.

Notwithstanding any other requirements of this chapter pertaining to required yard space, no building shall be placed or extend nearer to the rear lot line of a residential lot in a residential zone where a residential zone abuts an industrial zone than the distance specified:

In the I-L Zone where it abuts the lots fronting on the southwesterly side of Monnett Street: eighty (80) feet.

In the I-L Zone where it abuts the lots fronting on Seiler Court: eighty (80) feet.

Landscaping.

Landscaping of Front Yard. All that area between the street right-of-way line and the building not used as drives or pedestrian walks shall be devoted to the planting of grass, trees, shrubs, flowers or other appropriate plant materials and shall be maintained. No loading or unloading or off-street parking shall be permitted in the front yard.

Landscaped Open Space Area. In order to provide for much needed pervious areas for drainage purposes, a minimum of twenty (20%) percent of the total lot area shall be maintained in lawns, gardens, buffers and woodlands, subject to site plan approval.

§ 35-113.12 Sight Rights.

[Ord. No. 1410-18-14]

Visibility at intersections will be the same as provided in subsection 35-108.7b1.

§ 35-113.13 Miscellaneous Requirements in the I-L Zone.

[Ord. No. 1410-18-14]

Accessory Buildings. Accessory buildings shall not be located in any required yard or setback.

Access and Egress. Access to or egress from any nonresidential use in the I-L Light Industrial Zone to any residential zone shall be prohibited.

Site Plan Approval. Site development plan approval in accordance with Article 500, Site Plan Review, of this chapter shall be required prior to the issuance of building permits for the erection of all permitted and conditionally permitted structures.

Mixed Use. A mix of uses shall be permitted.

Transformers. Transformers shall not be located in the front yard.

§ 35-113.14 Performance Standards.

[Ord. No. 1410-18-14]

No use shall be established, maintained, conducted or permitted in any I-L Light Industrial Zone so that the same will cause any of the following.

Dissemination of smoke, dust, fumes, gas, noxious odors or other atmospheric pollutant which constitutes a hazard to the personal well-being of the borough residents as determined by the Environmental Protection Agency or any other regulatory agency, as well as a hazard from fire, explosion or atomic radiation.

Sound level in excess of that provided pursuant to the New Jersey Department of Environmental Protection regulations (N.J.A.C. 7:29).

Vibration beyond the immediate site on which such use is conducted.

Odors noticeable at the lot line and beyond.

Direct or reflected glare visible at the lot line.

Physical hazard, by reason of fire, explosion, radiation or similar cause, to the property to the same or adjacent zone.

Explosive Substances. The sale, storage or handling of explosive substances shall be prohibited.

§ 35-114 (RESERVED) [1]

Editor's Note: Section 35-114, I-G General Industrial Zone, was deleted in its entirety by Ordinance No. 1409-17-14.

§ 35-115 (RESERVED) [1]

Editor's Note: Section 35-115, R&D Research and Development Zone was deleted in its entirety by Ord. No. 1406-14-14.

§ 35-116 P PUBLIC FACILITIES ZONE.

§ 35-116.1 Objectives.

[1982 Code § 134-16A]

It is the purpose of the P Public Facilities Zone to provide for the customary needs of public facilities.

§ 35-116.2 Permitted Uses.

[1982 Code § 134-16B]

Permitted uses in the P Public Facilities Zone shall be as follows:

Parks and playgrounds.

Schools.

Public buildings.

Other public facilities.

§ 35-116.3 Conditionally Permitted Uses.

[1982 Code § 134-16C]

Conditionally permitted uses shall be none.

§ 35-116.4 Permitted Accessory Uses.

[1982 Code § 134-16D; Ord. No. 1408-16-14]

Permitted accessory uses shall be accessory uses customarily incidental to the permitted uses, such as recreational facilities, storage sheds and garages for public equipment and vehicles.

Outdoor storage, subject to the standards in Section 35-711.

§ 35-116.5 Prohibited Uses.

[1982 Code § 134-16E; amended 8-17-2021 by Ord. No. 1557-15-21]

Any uses other than those uses permitted by Subsections 35-116.1 through 35-116.4 of this section shall be prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this article shall be construed to permit any of the following uses in the P Public Facilities Zone District:

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-116.6 Miscellaneous Requirements.

[1982 Code § 134-16F]

In the P Public Facilities Zone, the requirements of Section 35-108 R-A One-Family Residential Zone, and Section 35-109, R-B One- and Two-Family Residential Zone, whichever is higher, shall apply.

§ 35-116.7 Area and Yard Requirements.

See Section 35-124, Area and Yard Schedules; Off-Street Parking Schedule.

§ 35-117 W-R WATERFRONT RECREATION ZONE.

§ 35-117.1 Objectives.

[1982 Code § 134-17A]

It is the purpose of the W-R Waterfront Recreation Zone to accommodate water-oriented recreation facilities.

§ 35-117.2 Permitted Uses.

[1982 Code § 134-17B]

In the Waterfront Recreation Zone, no building or premises shall be used, and no building or part of a building shall be erected, constructed or altered, which shall be arranged, intended or designed to be used for any purpose other than the following uses:

Marinas for the docking, repair, sale, servicing and storage of boats.

Other water-recreation-oriented uses.

§ 35-117.3 Conditionally Permitted Uses.

[1982 Code § 134-17C]

Conditionally permitted uses shall be none.

§ 35-117.4 Permitted Accessory Uses.

[1982 Code § 134-17D]

Permitted accessory uses shall be as follows:

Small retail shops and restaurants accessory to permitted uses are permitted as accessory uses within the Waterfront Recreation Zone.

Accessory uses customarily incidental to the permitted uses.

§ 35-117.5 Special Requirements.

[1982 Code § 134-17E]

All uses shall be buffered, whenever possible, from tidally affected marsh or otherwise screened where the same adjoin the Low-Density Residential Zone at a side or rear lot line or are separated from such zone by an alley.

No business establishment shall offer or sell food or beverages for consumption on the premises in parked motor vehicles.

Structures shall be so located as to not impair the view of the Hackensack River from adjoining and upland properties.

§ 35-117.6 Prohibited Uses.

[1982 Code § 134-17F; amended 8-17-2021 by Ord. No. 1557-15-21]

Any uses other than those uses permitted by Subsections 35-117.1 through 35-117.5 of this section shall be prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this article shall be construed to permit any of the following uses in the W-R Waterfront Recreation Zone District:

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-117.7 Area and Yard Requirements for the W-R Waterfront Recreation Zone.

[1982 Code § 134-17G]

Type	Requirement
THE LOT
Minimum area (square feet)	44,000
Maximum lot coverage (percent)	35
Minimum open space* (percent)	65
Width (feet)	50
Depth (feet)	100
Front yard setback (feet)	25
1 side yard (feet)	25
Both side yards (feet)	50
Rear yard (feet)	25
THE STRUCTURE
Maximum height, stories	1.5
Minimum final finished floor elevation for all places of public accommodation and dwelling units (feet mean sea level based on United States Coastal and Geodetic datum)	10

*NOTE: Open space in this district shall include landscaped gravel and sand areas, tidally affected marsh and boardwalks and walkways.

§ 35-117.8 Signs.

[1982 Code § 134-17H; Ord. No. 1135-12-04; Ord. No. 1223-04-07]

See Section 35-710, Signs.

§ 35-117.9 Lot Coverage.

[1982 Code § 134-17I]

For the purposes of this chapter, open boat storage shall not be deemed as lot coverage, provided that such storage shall not be upon an impervious surface.

§ 35-117.10 Waterfront Recreation Zone Buffer Requirements.

[1982 Code § 134-17J]

There shall be a twenty-five (25) foot-wide strip of landscaped open space with heavy vegetative screening where any development borders a specially planned area, a residential planned unit development or the Low-Density Residential Zone.

Where any development borders the Hackensack River or any of its tributaries, there shall be a fifty (50) foot wide strip of wetland necessary to ensure proper drainage and edge effect at such border.

§ 35-117.11 Waterfront Recreation Zone Environmental Performance Standards.

[1982 Code § 134-17K]

All uses in the Waterfront Recreation Zone shall comply with the following environmental performance standard categories of Subchapter 6 of Title 19, Chapter 4, of the New Jersey Administrative Code:

Environmental performance standards Category A, noise, vibration, airborne emissions and radioactive materials, shall apply.

Environmental performance standards Category B, fire and explosion hazards and glare, shall apply.

All water quality standards shall apply.

§ 35-117.12 Waterfront Recreation Zone Design of Structures and Other Improvements.

[1982 Code § 134-17L]

The design of structures and other improvements shall comply with the requirements of N.J.A.C. 19:4-6.18.

§ 35-117.13 Site Plan Approval.

[1982 Code § 134-17M]

Site development plan approval in accordance with Article 500, Site Plan Review, shall be required prior to the issuance of building permits for the erection of all permitted and conditionally permitted uses and structures. Such approval shall also be required prior to the issuance of a certificate of occupancy for a change of use of a permitted or conditionally permitted use.

§ 35-117.14 General Regulation.

[1982 Code § 134-17N]

In order to prevent disease and thereby protect the public health for those using the territorial waters of the Borough of Little Ferry, the following rules and regulations concerning the use of such waters are hereby adopted:

Prior to March of each calendar year, qualified marinas that rent live-aboard dock space shall apply for a permit in the office of the Construction Official of the Borough of Little Ferry, which office shall approve or deny such an application within ten (10) business days.

The permit application shall include two (2) site plans showing all docks and buildings, marking the location of those docks to be used by live-aboard boats.

The applicant shall indicate and prove to the satisfaction of the Construction Official that the grounds of the marina are in a neat and orderly condition, free of trash, refuse and all debris and flammable materials and operated in a safe and orderly fashion.

The applicant shall show a proper amount of parking spaces, one (1) for each slip, plus ingress and egress of docks and parking area for the public to the nearest public way; the parking area shall be free and clear of any and all debris, garbage, trash or any other refuse of any nature or kind, and the parking spaces shall comply with all Borough ordinances.

The site plan shall note the location of rest rooms and showers in the marina.

The application for site plan shall include the names of the owner or person in charge, as well as emergency phone numbers, business hours and the business phone number of the person in charge.

The showers and rest rooms shall be provided by the marina owner twenty-four (24) hours per day and shall be connected to the Borough of Little Ferry sewer system and be within the confines of the subject marina.

Docks to be used by live-aboards shall be in a safe structural condition and shall be free of all hazards from risks of fire or danger to life and safety.

The dumping of garbage, food waste, offal, sewerage materials or any other waste into the waters is hereby prohibited.

In order to assist in the enforcement of the provision of paragraph a of this subsection with respect to certain utilization made of the waters of the Borough of Little Ferry, it is hereby declared that no person shall live aboard any vessel within the territorial waters of the Borough of Little Ferry except as provided herein:

A person may live aboard any vessel, provided that the vessel is moored or harbored at one (1) of the existing licensed marinas.

The restriction upon the period of time for such a live-aboard shall be from April 1 to December 15 of each calendar year, and only forty (40%) percent of the slips in any of the marinas currently existing in the borough may be utilized for such vessels for living aboard.

§ 35-117.15 Marina Permit Revocation.

[1982 Code § 134-17O]

Any permit for a marina to permit live-aboard vessels may be revoked by the Construction Official after written notice to the operator of such marina and an opportunity to be heard before the Borough Council. Such written notice shall be mailed to the operator of the marina at the address shown on the permit and shall state the date and time the Borough Council will consider the proposed revocation. The grounds for revocation shall be:

The marina no longer meets the conditions under which the permit was granted.

The marina has become a source of pollution of the harbor.

The facilities of the marina have fallen into a state of disrepair.

§ 35-117.16 Floating Homes Prohibited.

[1982 Code § 134-17P]

General Prohibition. In order to preserve the waters within the territorial limits of the Borough of Little Ferry for recreational use; to protect the people, docks, bulkheads, boats and other water-based facilities from damage caused by poorly maneuverable floating homes during storms and periods of high tide; and because Borough fire and police protection are not geared for water protection; and floating homes are not subject to the building codes, fire codes, zoning codes and other restrictions, all adopted for the preservation of the health, safety and general welfare of the residents and visitors of this Borough, floating homes shall not be permitted to be anchored or moored within the territorial waters of the Borough of Little Ferry.

Floating Homes Defined.

While a "floating home" may technically be classified as a vessel, they are designed and intended to be used primarily for on-site living, rather than for navigation and recreational boat uses, and are designed or occupied or intended as a permanent dwelling unit, business office or source of any occupation whatsoever, including uses which are the functional equivalent of dry land uses and which should be restricted to dry land areas, rather than being allowed in coastal waters, including but not limited to a structure on a barge primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored, docked, anchored or dry-stored within the territorial limits of the Borough of Little Ferry, whether such vessel is self-propelled or not.

Floating homes have the outward physical appearance of conventional residential structures, and their location in the Borough's coastal waters would produce visual obstructions and be aesthetically displeasing.

Enforcement. The members of the Police Department or the Construction Official, as the case may be, are hereby authorized and directed to enforce this subsection.

§ 35-117.17 Miscellaneous.

[1982 Code § 134-17Q]

Boats shall not be stored or displayed closer than thirty-five (35) feet to any street line or twenty (20) feet to any other property line.

No railway or other launching facility shall be located closer than twenty (20) feet to any property line.

Adequate utilities shall be supplied to each boat slip, including electricity, lighting and water supply.

§ 35-117.18 Door and Window Visibility.

[Ord. No. 1135-12-04]

All windows, glass doors or doors with glass openings may have signs, shades, blinds, curtains, drapes or other coverings on such glass doors or doors with glass openings, provided that the area covered does not exceed twenty (20%) percent of the total window, glass door or door with a glass opening. All such windows, glass doors or doors with glass must remain at all times eighty (80%) percent unobstructed.

§ 35-118 LOW-DENSITY RESIDENTIAL DISTRICT.

§ 35-118.1 Objectives.

[1982 Code § 134-18.1A]

It is the purpose of the Low-Density Residential Zone (within the Hackensack Meadowlands District Commission jurisdiction) to provide for the orderly and comprehensive development of the Hackensack Meadowlands District within the boundaries of the Borough of Little Ferry.

§ 35-118.2 Permitted Uses.

[1982 Code § 134-18.1B]

Permitted uses in the Low-Density Residential Zone include those set forth in N.J.A.C. 19:4-4.27.

§ 35-118.3 Low-Density Residential Zone Requirements.

[1982 Code § 134-18.1]

All requirements articulated in this chapter for R-A One-Family Residential Zone District must be complied with, except that the following requirements shall supersede and take precedence over any inconsistency with the regulations stated in the R-A One-Family Residential Zone District:

Depth. The minimum depth shall be one hundred (100) feet.

The first habitable floor shall be constructed at a minimum finish floor elevation of ten (10) feet above mean sea level, National Geodetic vertical datum.

Open Space. There shall be open space of fifty (50%) percent.

The requirements of N.J.A.C. 19:4-4.32 shall be complied with.

§ 35-119 (RESERVED) [1]

Former Section 35-119, RF-Riverfront Development Inclusionary Overlay Zone, previously codified herein and containing portions of Ordinance No. 1277-09-09, was repealed in its entirety by Ordinance No. 1299-09-10.

§ 35-120 RF-A RIVERFRONT DEVELOPMENT INCLUSIONARY OVERLAY A ZONE.

§ 35-120.1 Purpose.

[Ord. No. 1362-17-12 § 3A]

The purpose of the RF-A Riverfront Development Inclusionary Overlay A Zone is to create a realistic opportunity for the construction of affordable housing through mixed use development, in which there is a mandatory residential component with an affordable housing set-aside, in a setting that will also provide opportunities for economic development of regional business uses and an incentive to improve the riverfront area for the benefit of all residents of the Borough of Little Ferry. Development under the RF-A Riverfront Development Inclusionary Overlay A Zone is intended as an as-of-right alternative to, and not as a replacement of, the existing underlying zoning.

§ 35-120.2 Outside Agency Approvals.

[Ord. No. 1362-17-12 § 3B]

The applicant shall provide the Land Use Board secretary and Land Use Board Engineer with copies of all applications for outside agency approvals at the time such applications are submitted. The applicant shall submit all homeowner or condominium association documents to the Land Use Board Attorney and Borough Attorney contemporaneously with their submission to the Department of Community Affairs.

§ 35-120.3 Special Application Requirements.

[Ord. No. 1362-17-12 § 3C]

Connections shall be provided to Bergen Turnpike/River Street at appropriate locations approved by Bergen County at the time of site plan review to facilitate public access to and through the entire Riverfront area. Additionally, each developer shall be required to pay its pro rata share of reasonable and necessary costs for sewer, water, traffic and drainage improvements needed to support the development contemplated.

§ 35-120.4 Interpretation.

[Ord. No. 1362-17-12 § 3D]

If a developer of land in the RF-A Riverfront Development Inclusionary Overlay A Zone elects to develop in accordance with the RF-A Riverfront Development Inclusionary Overlay A Zone regulations presented herein and there is a conflict between this section and any other provision of the Land Use Chapter of the Little Ferry Code or any other ordinances or regulations of the Borough of Little Ferry and the standards outlined herein (for all development) or within the RSIS (for residential development), the standards outlined herein (for all development) or within the RSIS (for residential development) shall apply.

§ 35-120.5 Permitted Uses (Land and Buildings).

[Ord. No. 1362-17-12 § 3E]

Principal Uses.

Hotels, as defined herein, on lots of three (3) acres or more, which may also contain other permitted uses.

Offices and office buildings, which may include medical offices and facilities such as clinics, laboratories, urgent care and same day surgery facilities.

Retail and service business uses.

Theaters and auditoriums.

Fitness centers, spas, and facilities that combine elements of these uses, either as part of a hotel, office or residential building or use or as stand alone facilities.

Commercial or membership indoor recreational facilities.

Day care facilities.

Restaurants.

Multifamily residential buildings consisting of both market rate and affordable housing units as provided and required in subsection 35-120.6h herein.

Continuing Care Retirement Communities (CCRCs) on lots of three (3) acres or more, which may also contain other permitted uses, provided that all elements of the CCRC shall be considered as part of the nonresidential portion of the development.

Assisted living facilities.

Active adult/independent living senior housing units and residential health care facilities (that are not part of a CCRC) consisting of both market rate and affordable housing units consistent with the provisions of subsection 35-120.6h herein.

Nursing homes, provided that such uses shall be treated as part of the nonresidential portion of the development whether or not they are constructed as part of a CCRC.

Mixed use buildings consisting of any or all of the above permitted uses.

Accessory Uses.

Outdoor dining facilities and areas, but only in conjunction with a permitted restaurant use.

Outdoor common open space and common recreational facilities, which may include, but not by way of limitation, pools, tennis courts, sifting areas, game and picnic tables, for use by residents and employees and guests of the development, and which may also include such areas as "green" roof-decks and rooftop recreational areas.

Public or publicly-accessible open space, promenades and parking areas at ground level, which may include, but not by way of limitation, sitting and picnic areas, playgrounds, open lawn areas, dog parks and gardens.

Marinas, ferry docks and other similar waterfront-related uses and associated offices and facilities for the management and operation of same.

Surface level parking areas and structured parking facilities (parking garages).

Stormwater management and utility facilities and structures approved as part of the site plan approval.

Fencing approved as part of the site plan approval.

Signage in accordance with subsection 35-120.10.

Retaining walls, subject to site plan approval; and bulkheads, subject to approval by the NJDEP or other applicable authority.

Temporary sales and construction trailers, to be removed upon the application for the final certificate of occupancy for the development.

Trash enclosures containing dumpsters and recycling bins.

Model dwelling units.

Sales and management office(s).

Maintenance facilities and structures approved as part of the site plan approval.

15.

Other accessory uses and structures customarily incidental to the permitted principal uses.

§ 35-120.6 Tract Development Standards for RF-A Riverfront Development Inclusionary Overlay A Zone.

[Ord. No. 1362-17-12 § 3F]

Minimum Nonresidential Development. A floor area equal to at least fifteen (15%) percent of the sum of the ground floor areas of all of the buildings in the proposed development, taken together, shall be required to be devoted to uses such as retail shops and services; banks; travel agencies; concierge and ticketing services; cafeterias and restaurants, provided that any cafeteria or restaurant accessible directly to the out of doors shall provide indoor table service and, in season, shall provide outdoor (sidewalk) table service; spas; fitness centers; lobby areas open to the public; and the like. To the extent practicable, such uses shall be oriented toward and directly accessible from public ways and spaces along the river and/or along any roadways and driveways providing public access from Bergen Turnpike to the river.

Minimum and Maximum Residential Development. The number of residential units to be constructed within each RF-A Riverfront Development Inclusionary Overlay A Zone development shall be calculated as follows: a minimum of twenty-five (25) residential units per each acre of site area and a maximum of sixty (60) residential units per each acre of site area. Components of a CCRC shall not be considered a residential development for the purposes of applying these calculations. Notwithstanding the foregoing, it is acknowledged that the Agreement with 110 Bergen Turnpike, LLC, affecting Lot 2 in Block 25 and fully executed on July 2, 2011, which provides for the construction of up to twenty-eight (28) low- and moderate-income units without mandating the construction of any market-rate residential units, exempts the developer of that lot from the minimum residential development requirement set forth herein. Such an exemption also may be requested by any developer and approved by the Borough for any other development in the RF-A Riverfront Development Inclusionary Overlay A Zone based on an executed agreement between the developer and the Borough of Little Ferry wherein the developer will provide the number of affordable units otherwise required based upon the mandatory residential component without having to construct any market-rate residential units.

Except as specified in paragraph b above with regard to Lot 2 in Block 25, development within the RF-A Riverfront Development Inclusionary Overlay A Zone shall include a mixture of residential uses and nonresidential uses. The required and permitted nonresidential uses shall be constructed in addition to the required and permitted residential development.

All residential density figures shall be calculated based upon the gross site area, after deducting the existing rights-of-way along Bergen Turnpike and Route 46.

Except as specified in paragraph b above with regard to Lot 2 in Block 25, a minimum of twenty (20%) percent of all of the residential units constructed shall be provided as affordable housing units in accordance with paragraph h,1 herein, except that if all of the proposed affordable housing units will be maintained as rental units, then only a minimum of fifteen (15%) percent of all residential units constructed need to be provided as affordable housing units.

Maximum Building Height. Building height shall be inclusive of all parking levels and all habitable floors of the building and shall be measured in accordance with the definition of building height in Section 35-103. Building height shall be varied on each site to avoid the appearance of a monolithic building mass. Within the first one hundred (100) feet of Bergen Turnpike, no building or portion thereof shall exceed a height of four (4) stories and fort-eight (48) feet. Within the first two hundred (200) feet of Bergen Turnpike, but beyond the first one hundred (100) feet of said streets, no building or portion thereof shall exceed a height of eight (8) stories and ninety-six (96) feet. Buildings or portions thereof located at least two hundred (200) feet from Bergen Turnpike may be constructed to a height of up to twelve (12) stories and one hundred forty-four (144) feet, provided however, that the twelve (12) stories and one hundred forty-four (144) feet may be increased to a maximum of fourteen (14) stories and one hundred sixty-eight (168) feet where the footprint of all stories over the tenth story is reduced to eighty-five (85%) percent of the footprint of the 10th story (comparing the measurement of the outer extent of any private balconies on the floors above the 10th story to the measurement of the outer limits of the 10th story walls). To the extent practicable, the resulting step-backs shall be oriented west, toward Bergen Turnpike, and north, toward Route 46. Notwithstanding the foregoing, for any building located adjacent to a proposed street or private way that will provide public access to the river, the façade of all stories above the first six (6) stories shall be stepped in at least six (6) feet from the façade of the first six (6) stories, provided that this requirement shall only apply to the building façade or facades that actually face such street or private way.

Maximum Building Coverage. Seventy-five (75%) percent of the tract area.

Maximum Lot Coverage (Impervious Surface Coverage). Eighty (80%) percent of the tract area.

Minimum Building and Parking Setbacks. Fifty (50%) feet from the Hackensack River (unless a greater setback is required by a State or Federal agency); twelve (12) feet from all other side or rear property lines; and twenty-five (25) feet from the right-of-way line of Bergen Turnpike and from any at-grade portions of Route 46. These setback requirements shall not apply to site improvements such as retaining walls, detention basins, signs and fencing, unless otherwise required by this section.

Minimum Open Space. At least twenty (20%) percent of the site shall consist of open space, exclusive of buildings, parking lots, access drives and any minimum required distances between such features, and such open space shall be designated and improved for use so as to create a riverfront promenade in addition to other walkways, sitting and picnic areas, playgrounds, open lawn areas, dog parks, permitted active or passive outdoor recreational uses, and surface and rooftop gardens. Said open space may be dedicated for public use or may be retained in private ownership but at least one-half (1/2) of said open space, including the entirety of the riverfront promenade, shall be accessible for public use and enjoyment. Open space intended for public use and enjoyment shall be accessible to the public or shall be made to be accessible to the public from off-site by means of roadways, parking areas and/or walkways. The location and proposed use and ownership of all open space shall be shown on the approved site plan for the development.

Minimum Affordable Housing Requirements.

Except as specified in paragraph b herein with respect to Lot 2 in Block 25, all developments in the RF-A Riverfront Development Inclusionary Overlay A Zone shall provide low- and moderate-income housing units at the rate of one affordable unit for each 5.67 market-priced dwelling units constructed, if the affordable units will be for rent, and at the rate of one (1) affordable unit for each four (4) market-priced dwelling units constructed, if the affordable units will be for sale. Components of a CCRC shall not be considered residential development for the purposes of applying these calculations.

The required low- and moderate-income housing units may be constructed on-site or off-site but within the Borough of Little Ferry provided any off site affordable housing construction shall be subject to applicable zoning regulations and shall require a separate site plan approval, which shall occur simultaneously with or shall precede site plan approval for the balance of the development. All of the low- and moderate-income housing units created in or as a result of the RF-A Riverfront Development Inclusionary Overlay A Zone shall comply with all applicable requirements of N.J.A.C. 5:97-1, et seq. (NJDCA's rules) and N.J.A.C. 5:80-26-1, et seq. (Uniform Housing Affordability Controls) and the Affordable Housing Ordinance of the Borough of Little Ferry in effect at the time of the grant of preliminary approval for the affected portion of the development.

The low and moderate-income affordable units shall be constructed pursuant to the phasing schedule, bedroom distribution and low- moderate-income split required by NJDCA's Rules and Little Ferry's Affordable Housing Ordinance, whether the affordable units are constructed on or off site. If constructed on site without the use of public subsidies, the affordable units shall be integrated throughout the development and shall utilize the same method of heating as the market units. If the affordable units are proposed to be separately financed through NJHMFA, Low Income Tax Credit financing or similar State or Federal funding program(s), they may be located in a separate stand-alone building containing one hundred (100%) percent affordable units, which building may be subdivided from the rest of the development following site plan approval to facilitate financing. However, in such cases, NJDCA's Rules pertaining to the phasing schedule for the construction of the market units in the balance of the development, the bedroom distribution and the low- moderate-income split shall be applicable to the separate affordable housing units. In the case of Lot 2, Block 25, which is covered by a Court-approved Agreement, the phasing schedule for the construction of the low- and moderate-income units shall be subject to the review and approval of the Court-appointed Master.

All of the affordable units created in the Borough shall be affirmatively marketed in accordance with the Borough's adopted Affirmative Marketing Plan.

A Developer's Agreement shall be executed between the applicant and the Mayor and Council setting forth with specificity the number of affordable housing units to be provided, the tenure of the affordable housing units to be provided (which affects the number), a commitment to comply with the terms of this section and NJDCA's Rules and Regulations, the UHAC Rules and the Borough's Affordable Housing Ordinance and Affirmative Marketing Plan, and a phasing plan that will ensure that the affordable units will in fact be built and phased in as part of the overall development of the site to ensure their completion and occupancy prior to the completion of the other components of the development.

§ 35-120.7 Building Standards.

[Ord. No. 1362-17-12 § 3G]

Minimum Building Setback from Internal Street or Parking Space - five (5) feet.

Maximum Building Height - See paragraph c above.

Minimum Distance Between Buildings. Fifty (50) feet, which distance may be reduced to not less than thirty (30) feet if, at the time of site plan approval, the Board is satisfied, based upon expert testimony presented at the hearing, that the lesser distance will not impair access by emergency vehicles or create other safety problems that could be avoided with the fifty (50) foot distance.

§ 35-120.8 Parking and Loading.

[Ord. No. 1362-17-12 § 3H]

Parking requirements for residential uses shall be not less than required by RSIS standards. Parking requirements for nonresidential uses shall be as otherwise required in the Little Ferry Land Use Code. In a mixed use development, a shared parking plan may be proposed that includes a reduction in the total additive parking requirement by up to thirty (30%) percent of that requirement, provided that the applicant submits, and the Board approves, a parking study demonstrating the adequacy of the shared parking arrangement to meet the parking demands of the uses on the site. Parking may be provided as either surface parking lots or garages or a combination of both.

Loading areas required for nonresidential uses shall be provided as otherwise required in the Land Use Code. All loading areas shall be oriented to the north or south, i.e., away from existing streets and the Hackensack River; shall be located at least one hundred (100) feet from Bergen Turnpike; and shall be screened from view from off site by a fence, hedge or wall of at least six (6) feet in height.

§ 35-120.9 Solid Waste/Recycling.

[Ord. No. 1362-17-12 § 3I]

There shall be within each building a designated area for the temporary storage of solid waste and recyclable materials. At the applicant's option, dumpsters and recycling bins may be located outside of the buildings in appropriately screened enclosures, subject to site plan approval.

§ 35-120.10 Signs.

[Ord. No. 1362-17-12 § 3J]

A permanent entrance sign shall be permitted having a maximum area of up to twenty-four (24) square feet, except that sites of five (5) acres or more shall be entitled to up to two (2) entrance signs having a maximum area of fifty (50) square feet each.

Nonresidential building wall signs shall be permitted, provided such signs are approved as part of a comprehensive sign plan for each development. Except for buildings containing multiple retail and service business uses, no more than two (2) wall signs shall be permitted for each building and no individual wall sign shall exceed an area of five (5%) percent of the building facade to which it is attached. Buildings containing multiple retail and service business uses may be permitted to have a wall signage system that also allows each retail and service business use to have an exterior building sign, but all such signs must be part of a coordinated sign plan (as to color choices, lettering style and size and sign placement) approved for the development by the Land Use Board at the time of site plan approval, and no individual retail or service business wall sign shall exceed a maximum area of twenty (20) square feet nor a maximum vertical sign dimension of two (2) feet.

Building locator and wayfinding signs shall be permitted without restriction provided that the maximum area of any such sign is eight (8) square feet per sign and no such sign is placed above the first floor level. Such signs shall be permitted for all residential buildings and for all other permitted facilities on the site.

Permanent signs shall not be located within required sight triangles.

Minimum sign setback to perimeter property line: three (3) feet.

Sign maintenance shall be the responsibility of the owner of the property or of the homeowners' or condominium association, if there be one.

Exterior illumination of signs shall be permitted subject to site plan approval. No flashing or moving lights shall be permitted.

There shall be no limitation on the number of directional signs that shall be permitted within the development, provided such signs are shown on the approved site plan.

No other permanent signage shall be permitted on the site.

All permanent signage shall be subject to site plan review.

Temporary sales, directional signs and construction vehicular movement signs shall be permitted as needed with a maximum area of eight (8) square feet per sign except that one (1) temporary two-sided sales sign having a maximum area of twenty (20) square feet shall be permitted at the site entrance, within three (3) feet of the property line, but outside of any required sight triangle.

§ 35-120.11 Lighting.

[Ord. No. 1362-17-12 § 3K]

Street lighting shall be provided at all street and driveway intersections and shall be consistent with the Borough's streetscape design requirements. All proposed street lighting shall be subject to site plan review.

The maximum height for lighting fixtures in parking lots shall be twenty (20) feet. Selection and placement of parking lot lighting fixtures shall be subject to site plan review.

All lighting shall be shielded to prevent overhead skyglow and to prevent light from shining off site and into residential units or other bedrooms within the development.

Energy efficient, solar powered or other "green technology" lighting is encouraged.

§ 35-120.12 Sidewalks/Walkways.

[Ord. No. 1362-17-12 § 3L]

Sidewalks or walkways shall be provided along all roadways, as necessary, to comply with applicable RSIS standards. In addition, sidewalks or walkways shall be provided as needed to connect parking and recreational areas to the entrances of residential buildings and to create safe public access to riverfront recreational areas. All proposed sidewalks and walkways shall be subject to site plan review.

§ 35-120.13 Street Trees and Landscaping.

[Ord. No. 1362-17-12 § 3M]

Shade and ornamental trees shall be planted along all streets and driveways, along the riverfront, and within surface parking lots. Within surface parking lots, the tree planting rate shall be at least one (1) tree for every twenty (20) parking spaces. All new trees shall have a minimum diameter of two and one-half (2.5) inches, measured six (6) inches above the ground. Such trees shall be planted forty (40) to sixty (60) feet apart (averaging fifty (50) feet).

All areas of the site not covered by buildings or pavement shall be attractively landscaped with shrubs, trees, lawns and perennial plantings designed to complement views of the riverfront; to enhance the use and appearance of outdoor open spaces, including the publicly accessible outdoor open spaces; and to soften views of the buildings from off site.

The landscaping and tree planting plans shall be subject to site plan review and approval by the Land Use Board.

§ 35-120.14 Maintenance of Open Space and Common Areas.

[Ord. No. 1362-17-12 § 3N]

The owner or any homeowners' or condominium association that may be established shall be responsible for the maintenance of the open space and other common areas in the development. If a homeowners' or condominium association has been established, all unit or building owners shall be required to be members of the association. The review of the documents establishing any homeowners' or condominium association shall be subject to the sole jurisdiction of the NJ Department of Community Affairs; however, courtesy copies of these documents shall be provided to the Land Use Board Attorney and Borough Attorney.

The owner and/or homeowners' or condominium association shall not dispose of any open space, by sale or otherwise, without first offering to dedicate the same to the Borough of Little Ferry.

If a homeowners' or condominium association is established, the continued maintenance of the open space shall be enforced through the procedures outlined at N.J.S.A. 40:55D-43(b) and (c).

§ 35-120.15 Phasing.

[Ord. No. 1362-17-12 § 3O]

If the applicant proposes to phase the development, it shall submit a phasing plan as part of the site plan application consistent with the following principles:

Each phase or section shall be located and designed to function as if no further development will occur with respect to a safe and convenient circulation system, stormwater control, utility services, fire hydrants and access for emergency vehicles.

COAH's Rules for the phasing of the construction of the low- and moderate-income units shall be complied with at all times.

§ 35-120.16 Prohibited Uses.

[Added 8-17-2021 by Ord. No. 1557-15-21]

Editor's Note: See N.J.S.A. 24:6I-33.

All classes of “smoke shops” as said term is defined in Chapter 35, § 35-103b of the Ordinances of the Borough of Little Ferry.

[Added 1-24-2023 by Ord. No. 1587-1-23]

§ 35-121 MISCELLANEOUS ZONING REGULATIONS.

[Ord. No. 1407-15-14]

Vehicle Maintenance and Storage.

Vehicle maintenance for or by commercial uses shall be confined to the lot that the principal use is located and shall not take place on residential streets. Maintenance shall include but not be limited to washing, waxing, oil changes and degreasing.

Vehicles for storage, inventory and service, including those with dealer markings on the windshield that may be considered a moving obstruction, shall be confined to the lot that the principal use is located and shall not be parked on residential streets.

Unless customarily incidental to a principal permitted use, gasoline or other flammable liquids shall not be stored on site.

Site Access.

No more than one vehicular access shall be permitted for each building along each road frontage.

§ 35-122 SHORT-TERM RENTAL PROPERTY.

[Added 8-20-2019 by Ord. No. 1522-12-19]

§ 35-122.1 Findings.

The Mayor and Council hereby find and adopt, as if set forth more fully herein, the fact assertions of the "whereas" clauses of this ordinance, as their findings of fact.[1]

Editor's Note: The "whereas" clauses are set forth in Ord. No. 1522-12-19, on file in the Borough offices.

§ 35-122.2 Short-Term Rental Property Prohibited Uses.

No residential premises, including dwelling houses, apartments, rooming houses or boardinghouses or any parts thereof or rooms therein, except duly licensed hotels and motels, shall be rented or let for occupancy by any person or persons for a period or term of less than 180 days.

Notwithstanding anything to the contrary contained in the Borough Code, it shall be unlawful for an owner, lessor, sublessor, any other person(s) or entity(ies) with possessory or use right(s) in a dwelling unit, their principals, partner or shareholders, or their agents, employees, representatives and other persons(s) or entity(ies), acting in concert or a combination thereof, to receive or obtain actual or anticipated consideration for soliciting, advertising, offering, and/or permitting, allowing, or failing to discontinue the use or occupancy of any dwelling unit, as defined herein, for a period of 180 days.

Nothing in this section will prevent formation of an otherwise lawful occupancy of a dwelling unit for a rental period of more than 180 days.

Nothing in this section will prevent formation of an otherwise lawful occupancy of a dwelling unit that has previously been engaged in a lawful lease and continues to be rented on a month-to-month basis.

§ 35-122.3 Definitions.

As used in this section, the following terms shall have the meanings indicated:

ADVERTISE or ADVERTISING

Any form of solicitation, promotion, and communication for marketing, used to solicit, encourage, persuade, or manipulate viewers, readers, or listeners into contracting for goods and/or services in violation of this section, as same may be viewed through various media, including, but not limited to, newspapers, magazines, flyers, handbills, pamphlets, commercials, radio, direct mail, internet websites, or text or other electronic messages, for the purpose of establishing occupancies or uses of rental property, for consideration, which are prohibited by this section.

CONSIDERATION

Soliciting, charging, demanding, receiving or accepting any legally recognized form of consideration, including a promise or benefit, a quid-pro-quo, rent, fees, other form of payment, or thing of value.

DWELLING UNIT

Any structure, or portion thereof, whether furnished or unfurnished, which is occupied in whole or in part, or intended, arranged or designed to be occupied, for sleeping, dwelling, cooking, gathering and/or entertaining, as a residential occupancy, by one or more persons. This definition includes an apartment, condominium, building, cooperative, converted space, or portions thereof, that is offered to use, made available for use, or is used for accommodations, lodging, cooking, sleeping, gathering and/or entertaining of occupants and/or guest(s), for consideration, for a period of 180 days or less.

HOUSEKEEPING UNIT

Constitutes a family-type situation, involving one or more persons living together that exhibit the kind of stability, permanency and functional lifestyle equivalent to that of a traditional family unit, as further described in the applicable reported and unreported decisions of the New Jersey Superior Court.

OCCUPANT

Any individual using, inhabiting, living, gathering, entertaining, being entertained as a guest, or sleeping in a dwelling unit, or portion thereof, or having other permission or possessory right(s) within a dwelling unit.

OWNER

Any person(s) or entity(ies), association limited liability company, corporation, or partnership, or any combination, who legally uses, possesses, owns, leases, subleases or licenses (including an operator, principal, shareholder, director, agent, or employee, individually or collectively), that has charge, care, control, or participates in the expenses and/or profit of a dwelling unit pursuant to a written or unwritten agreement, rental, lease, license, use, occupancy agreement or any other agreement.

PERSON

An individual, firm, corporation, association, partnership, limited liability company, association, entity, and any person(s) and/or entity(ies) acting in concert or any combination therewith.

RESIDENTIAL OCCUPANCY

The use of a dwelling unit by an occupant(s).

§ 35-122.4 Permitted Uses.

The residential occupancy of an otherwise lawful and lawfully occupied dwelling unit for a period of 180 days or less by any person who is a member of the housekeeping unit of the owner, without consideration, such as house guests, is permitted.

§ 35-122.5 Advertising Prohibited.

It shall be unlawful to advertise, solicit or promote by any means actions in violation of this section.

§ 35-122.6 Enforcement; Violations and Penalties.

The provisions of this section shall be enforced by the Building Code Official, Fire Official, Health Department, or other Subcode or Code Official, as their jurisdiction may arise, including legal counsel for the Borough, or other persons designated by the Borough Council to issue municipal civil infractions directing alleged violators of this section to appear in court or file civil complaints.

A violation of this section is hereby declared to be a public nuisance, a nuisance per se, and is hereby further found and declared to be offensive to the public health, safety and welfare.

Any person found to have violated any provision of this section, without regard to intent or knowledge, shall be liable for the maximum civil penalty, upon adjudicated violation or admission, of a fine not exceeding $1,250. Each day of such violation shall be a new and separate violation of this section.

The penalty imposed herein shall be in addition to any and all other remedies that may accrue under any other law, including, but not limited to, eviction proceedings and/or injunction, reasonable attorneys' fees or other fees and costs, in the Borough's Municipal Court or the Superior Court of New Jersey in the vicinage of Bergen County, or in such other court or tribunal of competent jurisdiction, by either summary disposition or by zoning or construction code municipal proceeding.

§ 35-122.7 Severability.

If any section, provision or clause of this section or the application thereof to any person or circumstance is judicially held invalid, a reviewing court may "blue pencil" the section to correct such invalidity and carry out the intent of this section. Such invalidity shall not affect any remaining portions or application of this section which can be given effect without the invalid portion or application.

§ 35-122.8 Effect on Other Provisions.

This section shall supersede and replace any other provisions of the Code of the Borough of Little Ferry, now or later enacted, which have or may be construed to have differing or contrary terms or conditions relating to the subject of this section. This section is not intended to alter the current or later enacted amendments to the Borough's Zoning Code.

§ 35-122.9 When Effective.

This section shall become effective after second reading and 30 days after being published in a newspaper of general circulation within the Borough.

§ 35-123 (RESERVED)

§ 35-124 AREA AND YARD SCHEDULES; OFF-STREET PARKING SCHEDULE.

§ 35-124.1 Schedules Adopted.

[1982 Code § 134-18; Ord. No. 1406-14-14; Ord. No. 1409-17-14; Ord. No. 1410-18-14]

Schedule A - Area and Yard Requirements for Permitted Uses; Schedule B - Off-Street Parking Schedule (Minimum); Schedule C - Area and Yard Requirements for Conditional Uses; and Schedule D - Area and Yard Requirements for Conditional Uses in the B-H Highway and Regional Business Zone, shall be deemed to be part of this article and shall govern the use of land and buildings in the Borough of Little Ferry.[1]

Editor's Note: Schedules A, B, C and D are included as attachments to this chapter.

§ 35-125 SOLAR ENERGY FACILITIES.

[Ord. No. 1404-12-14]

Purpose. The purpose of this section is to permit solar energy facilities in appropriate locations in the Borough in a way that is consistent with duly enacted State legislation to facilitate alternative forms of energy production and to minimize potential land use conflicts and impacts associated with such facilities.

General Requirements. Unless otherwise specified, the following general requirements apply to all solar energy facilities (hereinafter "facilities"), regardless of whether they are permitted, conditional or accessory uses.

Concentrated solar and solar reflecting technology facilities are prohibited.

A facility shall mean the aggregate of all facilities constructed on a lot or assemblage of contiguous lots.

Any solar energy facilities mounted to a roof or structure above a surface parking area or a roof shall be deemed an accessory use.

Solar energy facilities shall not be counted in the calculation of maximum impervious cover unless the area under the panels (excluding any footings) consists of an impervious material. The design of the facilities shall comply with all NJDEP and Borough stormwater, grading, and soil disturbance regulations, whichever is more restrictive.

Applicants are encouraged to enter into solar easements with neighboring property owners in order to ensure continuing access to sunlight for a solar energy facility. Site plan approval or the issuance of a zoning permit for a solar energy facility does not imply the existence of a solar easement.

All electrical and control equipment shall be labeled and secured to prevent unauthorized access.

The only signs permitted on a solar energy facilities or any associated building or structure are those depicting the manufacturers or installer's identification, appropriate warning signs, or owner identification.

Sound levels from the solar energy facilities shall not exceed the ambient sound level at the property line prior to construction of the facility.

Accessory Use Requirements. The following requirements shall apply to solar energy facility accessory uses.

Roof mounted facilities.

The structures shall be mounted parallel to the roof angle.

No portion of the facility shall exceed a height of 12 inches above the roof. Notwithstanding, roof mounted facilities shall not exceed the maximum building (principal or accessory) height in the zone district.

Lighting of facilities is prohibited.

Parking canopy facilities.

Facilities mounted above parking lots shall be designed to provide adequate space for access by emergency vehicles whenever necessary.

The maximum permitted height shall be 20 feet.

Facilities shall only be located within the rear or side yard.

The minimum side and rear yard setback for any such facility shall be 15 feet if adjacent to a non-residential use or district and 25 feet if adjacent to a residential use or district.