[1969 Code § 88-8; Ord. No. 1978-6; Ord. No. 87-20]
a. No structure shall be erected and no structure shall be altered nor
shall any land or structure be used in any manner or for any purpose
other than those included among the uses hereafter listed as permitted
in the district in which such structure or land is located.
b. No lot shall have erected upon it more than one principal permitted
use. No more than one principal building shall be permitted on one
lot except that shopping centers, multiple-dwelling and townhouse
groups, and industrial complexes receiving site plan approval may
be permitted to have more than one building on a lot in accordance
with the zoning district in which it is located.
1. A lot in the Planned Office Park Zone that has received site plan
approval may be permitted to have more than one principal permitted
use on said lot; provided that such uses are permitted uses in the
Planned Office Park Zone or are conditionally permitted uses in the
Planned Office Park Zone and all said uses have been determined to
be reasonably related to each other by the Board granting site plan
approval.
c. Temporary buildings shall be permitted with approval of the Construction
Official for uses incidental to construction work provided such buildings
are removed upon completion or abandonment of the construction work.
d. All uses not expressly permitted in this chapter are prohibited.
[1969 Code § 88-9; Ord. No. 1978-6; Ord. No. 96-5]
a. Structures Excluded from Height Controls. The height limits set forth
in this chapter shall not apply to church spires; belfries; cupolas;
or roof structures for the housing of elevators, ventilating fans,
air conditioning equipment, or similar equipment required to operate
and maintain the building; utility poles, flagpoles and chimneys;
fire and parapet walls; similar features; and necessary mechanical
appurtenances usually carried above the roof level. Such features,
however, shall be erected only to such height as is necessary to accomplish
the purposes they are to serve. Nothing in this provision shall be
deemed to permit signs of any kind to exceed the height limits for
any district as prescribed in this chapter.
b. Public and Quasi-Public Buildings. Public buildings, churches and
church schools may exceed the height limitations of this chapter provided
that the minimum front, rear and side yards shall be increased one
foot for each foot by which such building exceeds the height limit
herein established for such district in which such building is erected;
provided further that in no case shall any such building have a height
greater than 50 feet.
[1969 Code § 88-10; Ord. No. 96-5; Ord. No. 00-3; Ord. No. 02-23 § 1; Ord. No. 07-8; Ord. No. 09-9]
a. Projecting eaves, chimneys, open fire escapes, which do not project
more than two feet, shall be permitted and shall not be counted toward
lot coverage or setback. Open or lattice enclosed fire escapes and
the ordinary projections of chimneys and flues are permitted. Cantilevers
up to two feet are permitted in rear yard but will be counted toward
setback. Bay windows and balconies not to exceed two feet are permitted
in front and rear yards. If they exceed two feet they will be counted
toward setback and coverage in their entirety.
b. No open space provided around any principal building for the purpose of complying with front, side, or rear yard provisions shall be considered as providing the yard provisions of another principal lot. On a lot which extends through a block in a manner resulting in frontage on two or more streets, including corner lots, the building setback from each street shall not be less than the required front yard. Corner lots shall comply with Subsection
34-4.5.
c. In all residential areas a minimum of 45% of the front yard as defined in this chapter and a minimum of 35% of the total lot area shall be maintained as a green area as defined in Subsection
34-3.1, exclusive of sidewalks from the driveway to the front door, not exceeding 36 inches in width.
d. Adjacent to all rear and side property lines there shall be a pervious
surface (preferably grass) extending a minimum of one foot into each
lot. Fence posts shall be permitted to be installed within this one
foot pervious surface.
e. If a driveway must extend to or along a lot line where water runs
from the subject property to the adjacent property, a six-inch high
curb will be required to direct all stormwater runoff into a suitable
drainage area as approved by the Borough Engineer.
f. No structure shall be permitted within 10 feet of any right-of-way.
g. No person shall in any zoning district of the Borough of Elmwood Park, park or stand or allow to park or stand any vehicle, as defined in N.J.S.A. 39-1 et seq., whether the same shall be registered or not registered; or trailer, boat trailer, camper or motor home within any green area as defined in this Subsection
34-3.1.
h. A driveway may be extended into a yard to the front of a garage or
to a maximum depth of the rear building line of a dwelling.
[1969 Code § 88-11; Ord. No. 1978-6]
In all districts where front yards are required on corner lots,
all walls, fences, ornamental structures, hedges, shrubbery or other
plantings, other fixtures and structures, and ground elevation located
within a triangular area having two twenty-five-foot sides measured
along the front lot line and side street line from the intersection
point of such lines shall be limited in height so as to prevent the
impairment of vision at street intersections. Such height shall not
be in excess of three feet above the established curb elevation of
the nearest curb, except that retaining walls shall be permitted where
changes in street grade, width, or alignment have made such structures
necessary. In the case of trees within this triangular area, all branches
shall be trimmed away to a height of nine feet above the curb level,
where vision is measurably impaired or obstructed.
[1969 Code § 88-12; Ord. No. 1978-6; Ord. No. 87-1; Ord. No. 02-23 § 2]
a. Any principal or accessory building located on a corner lot shall:
1. In the R-3 zones have a minimum front yard setback of 25 feet from
both streets.
2. In the R-9 and R-18 Zones have a minimum front yard setback of 25
feet from the front lot line and a side yard setback of 15 feet.
b. The front yard shall mean that part of the lot with the narrowest
width facing the street. Lot width shall meet the minimum requirements
of this chapter on both streets and the rear yard shall meet the rear
yard requirements of this chapter.
[1969 Code § 88-13; Ord. No. 1978-6; Ord. No. 87-1; Ord. No. 87-11; Ord. No.
94-18; Ord. No. 02-23 § 3; Ord. No. 06-31; Ord. No. 09-9]
a. Fences, walls and hedges shall be exempt from the yard and setback
requirements of this chapter.
b. Where any fence, wall or hedge is situated on a corner lot, the provisions of Subsection
34-4.4 shall apply with respect to the height limitations for visibility clearance at street intersections.
c. No fence or wall hereafter erected, constructed or added to, that
is situated between two abutting residential properties shall be any
greater in height than six feet measured from the finished grade elevation
along the length of such wall or fence; except that no hedge, wall
or structure shall be any greater in height than three feet within
25 feet of any required front yards of such abutting lots; except
as otherwise provided in this chapter. An open fence, maximum four
feet in height, is permitted in a front yard setback.
d. In the case where a lot extends through a block in a manner resulting
in frontage on two or more streets, excluding corner lots, a fence,
wall or hedge of not greater than six feet in height may be permitted
on the street side yard and rear yard.
e. In the case where one of the two abutting residential properties
is a corner lot, a fence, wall or hedge of not greater than four feet
in height may be permitted to extend to the required front yard where
such fence, wall or hedge screens the rear face of a building located
on the corner lot from abutting lots. In addition:
1. No fence on any corner lot shall exceed four feet in height on the
street side yard and front yard.
2. No fence on the rear lot line of any corner lot shall exceed four
feet on the street side property line.
f. No fence, wall or hedge shall be constructed of barbed wire or constructed
in any other way so as to endanger or to be likely to endanger any
person or persons on any adjacent lots or any person or persons traversing
a public way.
g. Fences in all zones shall be installed so that the finished side
of the fence faces the street or the neighboring property.
h. Where industrial property is adjacent to other industrial property,
fences shall be permitted a maximum height of eight feet. The fence
shall be no less than 25 feet from the front of the property. In those
instances where the principal building is located less than 25 feet
from the front line then the fence may be set back equal to that of
the building but no less than the existing setback of the building.
In all instances corner sight lines shall not be fenced.
[1969 Code § 88-14; Ord. No. 1978-6]
Essential services as hereinbefore defined shall be exempt from
the provisions of this chapter.
[1969 Code § 88-15; Ord. No. 1978-6]
a. No building may be erected, altered, or used and no lot or premises
may be used for any use which is noxious or offensive by reason of
odor, dust, vibration, illumination, electrical interference, noise,
or which constitutes a public hazard by reason of fire, explosion,
or air or water pollution.
b. Electricity. Electronic equipment shall be shielded so there is no
interference with any radio or television reception beyond the operator's
property as the result of the operation of such equipment.
c. Glare. No use shall direct or reflect a steady or flashing light
beyond its lot lines. Exterior lighting and lighting resulting from
any manufacturing or assembly operations shall be shielded, buffered,
and directed as approved on the site plan so that any glare, direct
light, or reflection will not interfere with the normal use of nearby
properties, dwelling units and streets.
d. Air, Water and Environmental Pollution. No use shall emit heat, odor,
vibrations, noise, or any other pollutant into the ground, water or
air that exceeds the most stringent, applicable State and Federal
regulation. No building permit or certificate of occupancy shall be
issued for any use until a State permit has been issued, where a State
permit is required, to ascertain and approve the level of emission,
quality of emission, type and quality of emission control, and such
other State regulations governing the emission of pollutants into
the ground, water, or air.
e. Storage and Waste Disposal. No materials or wastes shall be deposited
upon a lot in such form or manner that they can be transferred off
the lot, directly or indirectly, by natural forces such as precipitation,
evaporation or wind. All materials or wastes which might create a
pollutant, be a safety hazard, or be a health hazard shall be stored
indoors and/or be enclosed in appropriate containers to eliminate
such pollutant or hazard. No flammable or explosive substance shall
be stored on a property except under conditions approved by the Fire
Department and the New Jersey Department of Labor and Industry and
the New Jersey Department of Environmental Protection.