[1969 Code § 88-24A; Ord. No. 1978-6; Ord. No. 96-5; Ord. No. 02-23 § 4; Ord. No. 09-9]
a.
In any "R" District, accessory buildings including detached garages, greenhouses, tool sheds, tents and other like devices used for the covering of stored materials, motor vehicles and/or boats shall be permitted in rear yards only. The total area occupied by the principal and accessory buildings combined shall not exceed the maximum allowable lot coverage as shown in § 34-17.
b.
Such accessory buildings shall be set back from side and/or rear
lot lines by a distance not less than three feet and no such building
shall exceed 15 feet in height except that detached garages are not
to exceed one story or 15 feet in height.
c.
A maximum of three accessory structures are permitted including detached
garages. The total footprint of all accessory buildings whose individual
footprints are less than 100 square feet each shall not exceed 200
square feet.
d.
An attached or detached garage shall not be designed for nor shall
be occupied by more than three motor vehicles. Conversion of garages
or accessory buildings or structures to living areas shall be strictly
prohibited.
e.
The total footprint of all accessory buildings whose individual footprints
are less than 100 feet each shall not exceed 200 square feet.
f.
For a special party or function, tents and dining tents greater than
100 square feet shall be permitted for a maximum period not to exceed
three days.
[1969 Code § 88-24B; Ord. No. 1978-6; Ord. No. 02-03 § 4]
Accessory buildings and uses required for and clearly incidental
to the principal building or use in zone districts other than "R"
Districts are permitted such that temporary tents used for special
parties or functions shall be permitted for no more than three days.
Heliports or helicopter landing pads are prohibited in any zone district.
[1969 Code § 88-24C; Ord. No. 96-5]
a.
All such uses shall be located only in a side or rear yard and shall
in the aggregate exceed not more than 10% of the lot area.
b.
Minimum setback for any pool, pool apron, patio or deck shall be
six feet from any rear or side lot line and 25 feet from the front
lot line. No pool shall be built within 10 feet of any right-of-way.
c.
Every outdoor swimming pool, before being filled with water, shall
be completely surrounded by a fence or wall not less than four feet
in height, which fence or wall shall be so constructed as not to have
openings, holes or gaps larger than four inches in any dimension except
for doors and gates; and if a picket fence is erected or maintained,
the horizontal dimension of the space between pickets shall not exceed
four inches. A dwelling house or accessory building may be used as
a part of such enclosure. All gates or door openings through such
enclosure shall be equipped with a self-closing and self-latching
device for keeping the gate or door securely closed at all times when
the swimming or wading pool is not in actual use or is not attended,
except that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
d.
All swimming pools as heretofore defined shall conform to all the
provisions of the chapter.
[1969 Code § 88-24; Ord. No. 1978-6; Ord. No. 85-23; Ord. No. 86-14; Ord. No.
95-12]
a.
Satellite or dish antennas shall be permitted as accessory structures
in all zones. Every satellite or dish antenna shall have a receiving
surface not exceeding three meters in diameter and shall be permitted
in the rear yard only at least 15 feet from the rear and side yard
property line. All such antenna shall be enclosed by a wall or fence
having a height of six feet in order to prevent unauthorized persons
from gaining access to the antenna. In addition all such antennas
shall be ground mounted on a foundation, in conformance with the requirements
of the BOCA Code, and shall be reasonably screened to minimize the
view of the antenna from public thoroughfares and the ground level
of adjacent properties. No antenna and its foundation shall exceed
72 inches in height. The screen and enclosure required by this subsection
may be one and the same if appropriate for both purposes. Screening
may consist of trellis, latticework, decorative block, basketweave
fencing, open artistic block, or other similar material. In lieu thereof,
screening may be provided by plantings of at least four feet in height
of such kind, proximity and density of growth as shall effectively
screen the antenna and mount in all seasons of the year. The screening
and enclosure required hereinabove shall be such as is approved by
the Construction Official in the event installation of the antenna
is to be made in connection with a detached one- or two-dwelling unit
principal structure, and by the Planning Board in all other cases
upon site plan review. All screening and enclosures required by this
subsection shall comply in all respects with all other provisions
of this and other Borough ordinances.
b.
The construction, erection, maintenance or outdoor storage of any
dish antenna or other similar antenna or device with a diameter of
more than 24 inches for the purpose of which is to receive television,
radio, microwave or other electromagnetic signals is prohibited except
as hereinabove set forth.
[1969 Code § 88-25; Ord. No. 1978-6; Ord. No. 96-5]
No recreational equipment or vehicle as defined in this chapter
shall be parked or stored in an "R" District, except in an enclosed
building or a carport or portion of a driveway located in the rear
or side yard. In no case shall such equipment or vehicle be parked
or stored in the front yard or within five feet of any property line.
Living, sleeping or housekeeping purposes in any such equipment or
vehicle while parked or located in a residential area shall be prohibited.
[1969 Code § 88-26; Ord. No. 1978-6]
At the time of occupancy of any lot in an I-G or C-G District,
there shall be a screen along each boundary which adjoins an "R" or
C-O District. This screen shall consist of a solid fence or wall,
compact evergreen hedge, combination thereof, or equivalent not less
than five feet and not more than six feet in height.
[1969 Code § 88-26; Ord. No. 1978-6]
Areas used for open storage of materials under Subsection 34-7.4e
and f shall be enclosed within a solid fence or wall, or compact evergreen
hedge at least six feet in height.
[1969 Code § 88-27; Ord. No. 1978-6; Ord. No. 06-13]
a.
One sign identifying the address and/or occupant of a dwelling unit
not exceeding one square foot in area.
b.
One unlighted real estate sign advertising a premises for sale or
rent, provided that such sign shall not exceed six square feet in
area and shall be set back at least 1/2 the required front yard depth.
c.
One temporary sign identifying the building, owner, architect, contractor,
or engineer during construction, provided such sign shall be removed
promptly after completion of the building and shall be set back at
least 1/2 the required front yard depth.
d.
One sign or bulletin board for a permitted nonresidential use provided
that such sign shall not exceed 12 square feet and shall be set back
at least 1/2 the required front yard depth.
e.
One sign identifying a permitted accessory professional office or
home occupation, provided that such sign shall not exceed two square
feet and shall be set back at least 1/2 the required front yard depth.
f.
Holiday or seasonal decorations that are intended to be displayed
for a short period of time not to exceed 75 days after the holiday.
Holiday or seasonal decorations means decorations that pertain to
legal or other recognized holidays or to a season of the year, such
as those related to Christmas, Thanksgiving, or the Fourth of July,
excluding advertising signs disguised as seasonal decorations. No
holiday or seasonal decorations shall be placed within the right-of-way
of any street, road, or highway located within the Borough of Elmwood
Park. No holiday or seasonal decorations shall have lights that interfere
in any manner with the operation of motor vehicles on any street,
road, or highway. Failure to comply with the provisions of this subsection
shall be a first offense, and a fine of $50 shall be imposed. Failure
to comply with the provisions of this subsection within 30 days thereafter
shall be a second offense, and a fine of $100 shall be imposed. Failure
to comply with the provisions of this subsection within 60 days thereafter
shall be a third offense, and a fine of $500 shall be imposed.
[1969 Code § 88-27; Ord. No. 1978-6; Ord. No. 2015-13]
a.
Any sign permitted in an "R" District, where applicable.
b.
One sign advertising services offered or goods sold or produced on
the premises. Such sign shall not exceed 24 square feet in C-L, C-O
and N-C Districts. Such sign shall not exceed one square foot for
each lineal foot of building frontage it identifies up to 48 square
feet.
c.
Projecting signs attached to a wall or free-standing signs in C-L,
C-O and N-C Districts shall not be illuminated.
d.
No roof signs shall be permitted.
e.
Projecting signs attached to the wall of a building shall not project
more than four feet therefrom, the bottom of which shall not be less
than 10 feet above ground or sidewalk level, and the top of which
shall not project above the roof line of the building to which it
is attached.
[1969 Code § 88-27; Ord. No. 1978-6; Ord. No. 85-1]
a.
Signs advertising the service offered or goods sold or produced on
the premises, the aggregate area of which shall not exceed 1 1/2
square feet for each lineal foot of building frontage which is identified
or one square foot for each 1,000 square feet of lot area, whichever
is greater.
b.
Not more than two signs shall be permitted; only one of which may
be free-standing.
c.
Projecting signs attached to the wall of a building shall not project
more than four feet therefrom, the bottom of which shall not be less
than 10 feet above ground or sidewalk level, and the top of which
shall not project above the roof line of the building to which it
is attached.
d.
No roof signs are permitted.
e.
Free-standing signs shall not exceed a height of 25 feet.
[1969 Code § 88-27; Ord. No. 1978-6]
a.
Not more than two signs advertising the services offered or goods
sold or produced on the premises, the aggregate area of such signs
shall not exceed two square feet for each lineal foot of building
frontage which is identified. Only one such sign may be free-standing.
b.
Projecting signs attached to the wall of a building shall not project
more than four feet therefrom, the bottom of which shall not be less
than 10 feet above ground or sidewalk level, and the top of which
shall not project above the roof line of the building to which it
is attached.
c.
No roof signs are permitted.
d.
Free-standing advertising sign or billboard advertising a service
offered or goods sold or produced elsewhere than on the premises shall
be permitted only on a lot having a street frontage of 150 feet or
greater.
[1969 Code § 88-27; Ord. No. 1978-6]
Where only one exterior sign is permitted for a single building,
if such building has more than one public entrance, a secondary sign
may be permitted and affixed to each wall in which a public entrance
is located. For institutions or business establishments consisting
of two or more buildings, secondary signs may be affixed to the wall
of each building. Secondary signs for any lot or use in the aggregate
shall not exceed 50% of the permissible area for a single sign. In
addition, a directory of offices or establishments occupying a building
may be affixed to the exterior wall at each public entrance to the
building. Such director shall not exceed one square foot for each
office or establishment occupying the building.
[1969 Code § 88-27; Ord. No. 1978-6]
No sign shall be erected, enlarged, or altered without a permit
issued by the Construction Official, except that the following signs
require no permit:
[1969 Code § 88-27; Ord. No. 1978-6]
Signs shall be illuminated only in accordance with the State
Uniform Construction Code and the following restrictions:
a.
In "R" Districts, signs shall be illuminated only with white light
by indirect method, such lighting to be confined to the face of the
signs.
b.
No sign shall contain any flashing lights, except such portions of
a sign indicating solely time and temperature.
c.
No red and green lights shall be used if, in the opinion of the Chief
of Police, such colors would create a driving hazard.
d.
No illumination shall be permitted which casts glare onto any portion
of any public street, or onto any residential premises.
e.
The provisions of this section shall apply to exterior signs and
interior signs which show through windows and doors of buildings.
[1969 Code § 88-27; Ord. No. 1978-6; Ord. No. 02-23 § 5]
a.
No free-standing sign shall be located within five feet of any lot
line.
b.
No sign shall contain any parts which move by any means, except only
such portions of said sign which indicate time and temperature.
c.
No free-standing sign shall be permitted within the triangular area
formed by measuring 25 feet along the lot lines of a corner lot from
their point of intersection.
d.
Use of banners is permitted in all nonresidential districts subject
to the following conditions:
[1969 Code § 88-27; Ord. No. 1978-6]
a.
For a sign, either free-standing or attached, the area shall be considered
to include all lettering, wording, and accompanying designs and symbols,
together with the background, whether open or enclosed, on which they
are displayed, but not including any supporting framework and bracing
which are incidental to the display itself.
b.
For a sign painted upon or applied to a building, the area shall
be considered to include all lettering, wording and accompanying designs
or symbols together with any backing of a different color than the
finished material of the building face.
c.
Where the sign consists of individual letters or symbols attached
to or painted on a surface, building, wall, or window, the area shall
be considered to be that of the smallest quadrangle which encompasses
all of the letters and symbols.
[1969 Code § 88-28; Ord. No. 1978-6]
Conditional uses, as enumerated in § 34-7, Table of Use Regulations, shall be permitted only upon authorization of the Planning Board pursuant to Subsection 34-63.7 or the Board of Adjustment pursuant to Subsection 34-64.11, b, provided that such uses are found to comply with the following requirements and other applicable requirements as set forth in this chapter:
b.
The use is so designed, located and proposed to be operated that
the public health, safety, welfare and convenience of the citizens
will be protected.
c.
The use will not cause substantial injury to the value of other property
in the neighborhood where it is to be located.
d.
The use will be compatible with adjoining development and the proposed
character of the zone district in which it is to be located.
e.
Adequate landscaping and screening is provided.
f.
Adequate off-street parking and loading is provided, and ingress
and egress is so designed as to cause minimum interference with traffic
on abutting streets.
g.
The use conforms with all applicable regulations governing the zone
district in which it is located, except as may otherwise be determined
by the Board acting upon the application.
[1969 Code § 88-28; Ord. No. 1978-6]
a.
No more than five roomers or boarders shall be permitted in any house.
b.
Rooms for rent shall not be less than 125 square feet.
c.
Separate off-street parking spaces for each roomer shall be provided in accordance with Subsection 34-44.1, c.
d.
The renting of rooms shall be incidental to the primary use as a
residence for the owner of the building.
[1969 Code § 88-28; Ord. No. 1978-6; Ord. No. 96-5; Ord. No. 10-14 § 5]
a.
Conversions shall be limited to conversion from one-family to two-family
dwellings, except in an R-MF District where an existing dwelling may
be converted to accommodate three or four families.
b.
(Reserved)
c.
Lot width, yard, coverage, and other applicable dimensional requirements
set forth in this chapter for the district shall not be reduced.
d.
After conversion each family dwelling unit shall have at least two
rooms and a private bathroom and cooking facilities; and each unit
shall have a minimum of 750 square feet of floor space.
e.
Off-street parking at the ratio of at least two spaces per dwelling
unit shall be provided. If less than one enclosed garage per dwelling
unit is provided, maximum lot coverage for said property shall be
reduced by 5% of the total lot area to accommodate off-street parking.
f.
The owner shall submit complete plans showing in detail the proposed
remodeling of the dwelling.
[1969 Code § 88-28; Ord. No. 1978-6]
[1969 Code § 88-28; Ord. No. 1978-6]
a.
In Residential "R" Districts, such uses shall not be located on lots
of less than 40,000 square feet with a minimum frontage of 200 feet.
b.
In Residential "R" Districts, all buildings shall be a minimum of
20 feet from any property line.
c.
In Residential "R" Districts, any such use shall front on a public
street having a minimum pavement width of 36 feet.
d.
All applications for such uses in Residential "R" Districts shall
demonstrate that the proposed use will serve primarily the residents
of the surrounding neighborhood and that said use cannot satisfactorily
be located elsewhere to serve said neighborhood.
[1969 Code § 88-28; Ord. No. 1978-6]
The building or place to be used shall be located at least 50
feet from the nearest adjoining premises.
[1969 Code § 88-28; Ord. No. 1978-6; Ord. No. 85-10]
a.
The lot upon which the proposed use is situated shall not be within
a distance of 200 feet, as measured along the public street, of a
school, church, hospital, theater or public library.
b.
The lot upon which the use is to be located shall not be situated
or have an entrance or exit within 50 feet of any property in an "R"
District.
c.
All facilities used in connection with said business shall be located
entirely upon private property, and no facilities shall be installed
for the servicing of any cars while said cars are located on the public
street.
d.
No public garage or repair shop shall have any openings in the side
or rear walls, or within 10 feet of any lot line.
e.
No public garage shall have any of its ground floor storage space
or workshop within 25 feet of the front street line.
f.
All exterior walls of a public garage, gasoline station or repair
shop shall be constructed of fireproof materials.
g.
All automobile repair work shall be done inside the building and
not out of doors, unless the vehicle being repaired is of such size
that it cannot be placed within the garage premises. In the event
that, pursuant to this exception, a vehicle may be repaired outside
of the garage building, it may not be repaired at any location within
15 feet from any property line. In addition, no more than eight such
large-size motor vehicles may be repaired or stored or held for repair
upon the entire gas station premises at the same time.
h.
The entrance or exit driveways for a public garage shall be at least
eight feet wide and shall be extended directly to a street.
i.
All public garages, gasoline stations and repair shops shall construct
and properly maintain a fence in accordance with ordinances requiring
fences, on or adjacent to all sides of the premises utilized for said
purposes which are adjacent to a Residential (R) Zone or a tract or
parcel of property on which there is located a building or structure
used for residential purposes.
j.
The word "repair" is defined to include all mechanical repairs to
any type vehicle, and specifically to exclude the carrying on or performing
of any body work of any nature in or upon any of the premises permitted
hereunder.
k.
No automobile parts, new or used, junk vehicles or refuse of any
type shall in any manner be placed upon or permitted to remain on
any portion of the business premises, except within the interior of
the gas station or repair garage building.
l.
No gasoline pump shall be installed or located within 12 feet from
the front property line, within 12 feet from any side property line,
or within 12 feet from any building or structure located upon the
licensed premises. No cash registers, containers for oil cans, milk
machines, telephone booths or any other fixtures or structures, or
signs or other advertising material obstructing vision between ground
level and a height of six feet above ground level, shall be permitted
within 25 feet from any property line adjoining or intersecting with
a side street.
m.
No more than one motor vehicle may be parked, stationed, held, exposed
or advertised for sale in any gasoline station or repair garage at
any one time.
n.
No motor vehicle which has suffered body damage through a collision
or otherwise, to such extent that it cannot be operated upon the public
highways, and/or has been rendered defective by said body damage to
the extent that it does not meet the criteria established by the New
Jersey Division of Motor Vehicles for the issuance of a satisfactory
certificate or emblem for operation upon the public roads, shall be
permitted to remain upon any gasoline station or repair garage premises
for more than 48 hours unless kept enclosed within a building or structure.
o.
No motor vehicle which is not being serviced may be parked, stored
or left standing within 15 feet from any gasoline pump.
p.
Any and all motor vehicles kept or held for repairs or services upon
the premises shall be parked or stationed in orderly fashion within
spaces designated for parking purposes.
q.
No coin-operated car-wash business shall be permitted upon a gasoline
station or repair garage premises; nor shall any other use be permitted
on said premises, except the normal services related to said business
and the sale of automobile parts and supplies.
r.
None of the uses, work or activities herein permitted shall be conducted
on any portion of the premises which is not paved with asphalt or
concrete.
[1969 Code § 88-28; Ord. No. 1978-6]
No vacant lot, vacant property or any portion of a lot outside
of a building shall be used for the storage for sale of used or new
motor vehicles without first obtaining a license therefor from the
Borough Council as provided in the Motor Vehicle Sales and Storage
Ordinances.
[1969 Code § 88-28; Ord. No. 1978-6]
[1969 Code § 88-28; Ord. No. 1978-6]
Such uses shall not be permitted within 100 feet of any Residential
"R" District.
[1969 Code § 88-28; Ord. No. 1978-6; Ord. No. 83-3]
The Borough of Elmwood Park recognizes that the ownership and/or
use of coin-operated amusement devices (C.O.A.D.) must be adequately
controlled so as to prevent public disorder, nuisance, loitering,
truancy, littering, noise and other acts detrimental to the health,
safety, and welfare of residents of the Borough and, in particular,
to protect the adolescents of the Borough against the evils associated
with gambling, and this local law is intended to provide such control
and regulation.
[1969 Code § 88-28; Ord. No. 1978-6; Ord. No. 83-3; Ord. No. 2015-13 § 5]
a.
Prohibited Uses. All uses not mentioned as permitted uses shall be
prohibited except that arcades shall be especially prohibited in all
zone districts.
b.
Conditional Uses; Special Use Permits in C-L, C-G or N-C Zones.
1.
The conditional uses listed in this subsection possess characteristics
of a nature such as to require special review and the application
of special standards before locating in districts where they are not
permitted by right, in order to assure an orderly and harmonious arrangement
of land uses in the district and in the community. Such uses may be
permitted conditionally by the Elmwood Park Planning Board, as specified,
after public hearing. A conditional use shall be authorized only in
C-L, C-G or N-C Zone by a special use permit, and, before such permit
is issued, the Planning Board shall find that the proposed use:
(a)
Will be properly located in regard to transportation, water
supply, waste disposal, fire protection, and other facilities;
(b)
Will not create undue traffic congestion or traffic hazard;
(c)
Will not adversely affect the value of property, character of
the neighborhood, or the pattern of development;
(d)
Will encourage an appropriate use of land consistent with the
needs of the Borough;
(e)
Will not impair the public health or safety, and will be reasonably
necessary for the public health or general welfare and interest.
2.
Before any special use permit is issued, the Planning Board shall
determine that all applicable requirements of this chapter have been
met and may impose any additional requirements to assure that the
proposed use will be in harmony with the character of the district
and will not materially impair the use or value of adjacent properties.
Before imposing such conditions, the Board shall consider the following:
(a)
Location and intensity of use;
(b)
Location and height of buildings;
(c)
Traffic access and circulation;
(d)
Location and extent of parking and loading areas;
(e)
Location, extent, and types of exterior artificial lighting
devices and advertising devices;
(f)
Landscaping, screening, and fencing;
(g)
Probable extent of noise, vibration, smoke, dust, or other adverse
influences as compared to similar influences incident to unconditionally
permitted uses in the district.
3.
The Board may impose a limit on hours of operation upon a finding
that such limit is necessary to the conditions set forth in this subsection.
c.
Time Limit. No special use permit for arcade or arcades shall be
granted for a period longer than two years.
d.
Literal Enforcement.
1.
The Planning Board, upon a showing of good cause, may, at the time
it grants special use permit for any arcade may modify or delete any
condition otherwise required by this subsection if it finds that said
condition imposes an undue hardship upon the applicant and said requirement
is, as applied to his proposed business location, unnecessary for
the protection of the health, safety, or welfare of the public, the
patrons of the establishment, or surrounding residences or businesses.
2.
The Planning Board may impose any additional conditions upon the
granting of any such special use permit which it determines are necessary
or desirable to effectuate the purposes set forth in this subsection.
e.
Review. Conditional use permits shall be subject to site plan and
architectural plan reviews, and approved by the Planning Board, subject
to the requirements of the Elmwood Park Site Plan Review Ordinance.
f.
Space Requirements.
1.
Site Area. Site areas shall be adequate to provide for access, egress
and off-street parking, landscaping and buffering as required under
the respective subsections following.
2.
Floor Area. The minimum floor area for arcades (in order to avoid
over-crowding) shall be a minimum width of two feet provided between
each machine where the machine is designed for the use of one player
and 3 1/2 feet where designed for use by two players. The depth
of the space in front of the machine shall be at least five feet,
and there shall be a minimum isle beyond this five foot space of an
additional three feet. Fire Underwriters' Code requirements shall
also be complied with.
g.
Parking.
1.
There shall be one additional on-site off-street parking space provided
for each arcade in addition to that otherwise required in the C-L,
C-G and N-C Zone District.
2.
(a)
To eliminate any obstruction of the public sidewalk and entryway
to the facility, a special area shall be set aside and designated
for bicycle parking where bicycle racks shall be provided.
(b)
Bicycle racks shall be provided within 25 feet of any game area
and must provide a total of at least two bicycle stalls for each game
located within the arcade. Bicycle racks shall not be located in any
required landscaped areas, entrances, exits, walkways to buildings,
driveways, within any legally required parking space, public way,
or in such a fashion as to obstruct any entrance or exit to any premises.
h.
Landscaping. Whenever the number of COADs exceeds, in any establishment,
three in number, and where a C-L, C-G or N-C District abuts a residential
district, a twenty-five-foot wide landscaped buffer strip, creating
an effective visual screen of evergreen plantings, shall be required
along the zone boundary line.
2.
Height of Screening. Visual screening of walls, fences, or plantings
shall be at least six feet high.
3.
Depth or Width of Screening. Screening for purposes of absorbing
or deflecting noise shall have a depth of at least 25 feet of dense
plantings or a solid masonry wall in combination with decorative plantings.
4.
Protection. Whenever required, screening is adjacent to parking areas,
such screening shall be protected by bumper blocks, posts, or curbing
to avoid damage by vehicles.
i.
Restrooms. Whenever COADs exceed, in any one establishment, three
in number, the minimum restroom facilities shall consist of two toilet
and lavatory facilities accessible to customers.
NOTE: Reportedly, some video games have lasted for over 30 consecutive
hours.
j.
Signs. Readily visible signs shall be installed, with their location,
size, and text shown in the plans submitted to the Planning Board,
indicating that the use of COADs by persons under 16 years of age
shall not be permitted during normal school hours, and, where the
premises are used primarily for the serving or consumption of liquor,
that the use of amusement machines by persons under the age of 19
is prohibited at all times.
k.
Hours of Operation. Hours of operation shall be established by the
Mayor and Council.
l.
Age Limit. No persons under the age of 16 years shall be permitted
on the premises of COAD before the hour of 4:00 p.m. on any day the
Elmwood Park Public Schools are in session unless accompanied by a
parent or legal guardian.
m.
Code Requirements. No site plan approved shall be granted an establishment
housing one or more COADs, unless the licensed premises shall meet
all requirements of the fire, housing, building, sanitary, and electrical
and plumbing requirements of the Borough of Elmwood Park.
n.
Revocation of Site Plan Approval or License. Any site plan approval
and/or license granted under this subsection may be revoked for any
of the following reasons:
1.
The violation of any of the provisions of this subsection.
2.
The violations of any law, ordinance, rule, or regulation of any
governmental officer, agency, or department governing or applicable
to the maintenance or conduct of the premises upon which such device
is located.
3.
The violation of any law, ordinance, rule, or regulation governing
or applicable to the maintenance, possession, use, or operation of
the licensed device.
4.
Upon the conviction of the licensee, holder of a license, or any
person in responsible charge of said premises of a crime.
5.
Upon the recommendation of the Chief of Police in writing, stating
the reasons thereof.
6.
Otherwise, if for cause.
[Ord. No. 2015-13]
a.
Additional accessory parking adjacent to the N-C Neighborhood Commercial
District is hereby permitted as a conditional use in the R-9 and R-18
Residential District subject to the following requirements:
1.
Said additional parking shall be limited to a maximum depth of 50
feet from the boundary of the adjacent N-C Neighborhood Commercial
District; or equal to the existing width or depth of the adjacent
residentially zoned lot.
2.
No building or structures shall be permitted within the fifty-foot
parking area with the exception of fencing.
3.
A buffer no less than 20 feet in width shall be established at the
residential edge between the parking area and adjacent residential
uses.
4.
Uses not expressly permitted by this subsection are expressly prohibited.
5.
All building entrances and exits shall be at grade level.
6.
Driveway access shall be prohibited from any Residential Zone.
7.
Any new construction shall meet the Borough parking requirements
of this subsection.
[Added 8-19-2021 by Ord. No. 21-13; amended 4-20-2023 by Ord. No. 23-13; 9-21-2023 by Ord. No. 23-32]
Cannabis retailers shall be permitted in the C-G Zone subject
to the following conditions:
a.
All cannabis retailers shall be located within one of the following
Blocks, as defined on the Official Tax Map of the Borough:
1.
Block 1508.
2.
Block 1509.
3.
Block 1510.
4.
Block 1511.
5.
Block 1705.
6.
Block 1706.
7.
Block 1707.
8.
Block 1708.
9.
Block 1709.
10.
Block 1710.
11.
Block 1711.
(a)
Cannabis retailers located within Block 1711 shall have frontage
along State Highway Route 46.
|
Ord. No. 23-13 Amendment. The prior limited use in the zone
as found in the zoning ordinance is hereby amended so as to include
in said permitted uses of retail and processing in the following designated
Block:
[Added 4-20-2023 by Ord. No. 23-13] |
|
Block
|
Lot
|
Use Class
|
Address
|
|---|---|---|---|
|
1808
|
8
|
4A
|
409 ROUTE 46 (WEST)
|
|
1701
|
2
|
4A
|
88 ROUTE 46 (EAST)
|
|
1808
|
9
|
2
|
401 ROUTE 46 (WEST)
|
|
1811
|
1
|
2
|
5 HENRY STREET
|
|
1207
|
10
|
4A
|
71 ROUTE 46 (WEST)
|
|
1210
|
3
| ||
|
1806
|
4
|
2
|
18 HERMAN STREET
|
|
1210
|
2
|
4A
|
68 ROUTE 46 (EAST)
|
|
1805
|
4
|
4A
|
296 ROUTE 46 (EAST)
|
|
1801
|
22
|
4A
|
281 ROUTE 46 (WEST)
|
|
1806
|
1
|
4A
|
320 ROUTE 46 (EAST)
|
|
1807
|
1
|
15C
|
395 ROUTE 46 (WEST)
|
|
1805
|
5
|
1
|
304 ROUTE 46 (EAST)
|
|
1701
|
1
|
4A
|
63 BANK STREET
|
|
1807
|
2
|
4A
|
391 ROUTE 46 (WEST)
|
|
1209
|
2
|
4A
|
95-111 ROUTE #46 (WEST)
|
|
1701
|
10
|
4A
|
100 ROUTE 46 (EAST)
|
|
1210
|
1
|
4A
|
44-60 ROUTE 46 (EAST)
|
|
1811
|
2
|
4A
|
406 ROUTE 46 (EAST)
|
|
1801
|
23
| ||
|
1701
|
11
|
4A
|
104 ROUTE 46 (EAST)
|
|
1806
|
2
|
2
|
57 STONE AVENUE
|
|
1808
|
7
|
4A
|
407 ROUTE 46 (WEST)
|
|
1804
|
1
|
4B
|
272 ROUTE 46 (EAST)
|
|
1805
|
6
|
2
|
23 HERMAN STREET
|
|
1804
|
2
|
15C
|
ROUTE 46 (JUG HANDEL)
|
|
1701
|
4
|
4A
|
85 BANK STREET
|
|
1207
|
11
|
4A
|
1 ROUTE 46 (WEST)
|
|
1209
|
1
|
4A
|
79 ROUTE #46 (WEST)
|
b.
Cannabis retailers shall have the equipment to mitigate odor. The
establishment shall be equipped with a ventilation system with filters
sufficient in type and capability and approved by the Borough Building
department and Zoning Official so as to mitigate cannabis odors emanating
from the interior of the premises. Odor mitigation shall be sufficient
such that odors emanating from the facility are not detectable by
a person on adjacent properties, public rights-of-way, or within other
units located within the same building. Odor mitigation equipment
shall be screened from view from adjacent properties.
c.
Outside generators and other mechanical equipment used for any kind
of power supply, cooling, or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise reduction systems
to mitigate noise pollution. All facilities must operate within the
applicable State sound limitations. Sound mitigation equipment shall
be screened from view from adjacent properties.
d.
Cannabis retailer's products shall not be visible from the public
sidewalk, public street, or other public places.
e.
Buffer Zone. The primary entrance of a cannabis establishment may
not be closer than 250 feet from the primary entrance of the nearest
preexisting public or private K-12 school: or child-care center licensed
by the State of New Jersey. The buffer zone distance shall be measured
in a straight line from the geometric center of the primary entrance
of the cannabis establishment to the geometric center of the primary
entrance of the nearest preexisting public or private K-12 school
or child-care center licensed by the State of New Jersey, unless there
is an impassable barrier within those 250 feet: in these cases: the
buffer zone distance shall be measured along the center of the shortest
publicly accessible pedestrian travel path.
f.
Cannabis delivery services: cannabis delivery services are hereby
prohibited from operating anywhere in the Borough of Elmwood Park,
except for the delivery of cannabis items and related supplies by
a licensed cannabis delivery service based and initiated from a cannabis
delivery service licensed location outside of the Borough of Elmwood
Park.
[Added 8-19-2021 by Ord. No. 21-13; amended 4-20-2023 by Ord. No. 23-13]
Cannabis suppliers shall be permitted in the I-R and I-G Zone
subject to the following conditions:
a.
Cannabis suppliers shall have the equipment to mitigate odor. The
establishment shall be equipped with a ventilation system with filters
sufficient in type and capability and approved by the Borough Building
Department and Zoning Official so as to mitigate cannabis odors emanating
from the interior of the premises. Odor mitigation shall be sufficient
such that odors emanating from the facility are not detectable by
a person on adjacent properties, public rights-of-way, or within other
units located within the same building. Odor mitigation equipment
shall be screened from view from adjacent properties.
b.
Outside generators and other mechanical equipment used for any kind
of power supply, cooling, or ventilation shall be enclosed and have
appropriate baffles, mufflers, and/or other noise reduction systems
to mitigate noise pollution. All facilities must operate within applicable
State sound limitations. Sound mitigation equipment shall be screened
from view from adjacent properties.
c.
No structure housing a cannabis supplier shall be closer than 500
feet from a parcel housing a pre-existing public or private school
identified in the New Jersey Department of Education's School Directory
within Elmwood Park. The distance of 500 feet shall be measured in
a straight line from the edge of the parcel housing the pre-existing
public or private school to the nearest point of the structure housing
the cannabis supplier. Should any new school be constructed within
this 500-foot distance after a cannabis supplier commences operation,
the Cannabis Supplier shall be grandfathered in as a conditionally
permitted use.
d.
Cannabis suppliers shall not cultivate, manufacture, or process cannabis
on exterior portions of a lot. All such activities shall occur within
an enclosed building.
e.
Cannabis delivery services: cannabis delivery services are hereby
prohibited from operating anywhere in the Borough of Elmwood Park,
except for the delivery of cannabis items and related supplies by
a licensed cannabis delivery service based and initiated from a cannabis
delivery service licensed location outside of the Borough of Elmwood
Park.
|
Ord. No. 23-13 Amendment. The prior limited use in the zone
as found in the zoning ordinance is hereby amended so as to include
in said permitted uses of retail and processing in the following designated
Block:
[Added 4-20-2023 by Ord. No. 23-13] |
|
Block
|
Lot
|
Use Class
|
Address
|
|---|---|---|---|
|
1808
|
8
|
4A
|
409 ROUTE 46 (WEST)
|
|
1701
|
2
|
4A
|
88 ROUTE 46 (EAST)
|
|
1808
|
9
|
2
|
401 ROUTE 46 (WEST)
|
|
1811
|
1
|
2
|
5 HENRY STREET
|
|
1207
|
10
|
4A
|
71 ROUTE 46 (WEST)
|
|
1210
|
3
| ||
|
1806
|
4
|
2
|
18 HERMAN STREET
|
|
1210
|
2
|
4A
|
68 ROUTE 46 (EAST)
|
|
1805
|
4
|
4A
|
296 ROUTE 46 (EAST)
|
|
1801
|
22
|
4A
|
281 ROUTE 46 (WEST)
|
|
1806
|
1
|
4A
|
320 ROUTE 46 (EAST)
|
|
1807
|
1
|
15C
|
395 ROUTE 46 (WEST)
|
|
1805
|
5
|
1
|
304 ROUTE 46 (EAST)
|
|
1701
|
1
|
4A
|
63 BANK STREET
|
|
1807
|
2
|
4A
|
391 ROUTE 46 (WEST)
|
|
1209
|
2
|
4A
|
95-111 ROUTE #46 (WEST)
|
|
1701
|
10
|
4A
|
100 ROUTE 46 (EAST)
|
|
1210
|
1
|
4A
|
44-60 ROUTE 46 (EAST)
|
|
1811
|
2
|
4A
|
406 ROUTE 46 (EAST)
|
|
1801
|
23
| ||
|
1701
|
11
|
4A
|
104 ROUTE 46 (EAST)
|
|
1806
|
2
|
2
|
57 STONE AVENUE
|
|
1808
|
7
|
4A
|
407 ROUTE 46 (WEST)
|
|
1804
|
1
|
4B
|
272 ROUTE 46 (EAST)
|
|
1805
|
6
|
2
|
23 HERMAN STREET
|
|
1804
|
2
|
15C
|
ROUTE 46 (JUG HANDEL)
|
|
1701
|
4
|
4A
|
85 BANK STREET
|
|
1207
|
11
|
4A
|
1 ROUTE 46 (WEST)
|
|
1209
|
1
|
4A
|
79 ROUTE #46 (WEST)
|
[1969 Code § 88-28.1; Ord. No.
1978-6; Ord. No. 93-19]
As used in this section:
Shall mean a building containing three or more dwelling units
occupied or intended to be occupied by persons living independently
of each other, or a group of such buildings.
Shall mean space allocated for the collection and storage
of source separated recyclable materials.
[1969 Code § 88-28.1; Ord. No.
1978-6; Ord. No. 93-19]
a.
There shall be included in any new multi-family housing development
that requires subdivision or site plan approval any indoor or outdoor
recycling area for the collection and storage of residentially-generated
recyclable materials. The dimensions of the recycling area shall be
sufficient to accommodate recycling bins or containers which are of
adequate size and number, and which are consistent with anticipated
usage and with current methods of collection in the area in which
the project is located.
b.
The dimensions of the recycling area and bins or containers shall
be determined in consultation with the Municipal Recycling Coordinator,
and shall be consistent with the district recycling plan adopted pursuant
to N.J.S.A. 13:1E-99.13 and any applicable requirements of the municipal
Master Plan, adopted pursuant to § 26 of P.L. 1987, c.102.
[1969 Code § 88-28.1; Ord. No.
1978-6; Ord. No. 93-19]
The recycling area shall be conveniently located for the residential
disposition of source separated recyclable materials, preferably near,
but clearly separated from, a refuse dumpster.
[1969 Code § 88-28.1; Ord. No.
1978-6; Ord. No. 93-19]
The recycling area shall be well lit, and shall be safely and
easily accessible by recycling personnel and vehicles. Collection
vehicles shall be able to access the recycling area without interference
from parked cars or other obstacles. Reasonable measures shall be
taken to protect the recycling area, and the bins or containers placed
therein, against theft of recyclable materials, bins or containers.
[1969 Code § 88-28.1; Ord. No.
1978-6; Ord. No. 93-19]
The recycling area or the bins or containers placed therein
shall be designed so as to provide protection against adverse environmental
conditions which might render the collected materials unmarketable.
Any bins or containers which are used for the collection of recyclable
paper or cardboard, and which are located in an outdoor recycling
area, shall be equipped with a lid, or otherwise covered, so as to
keep the paper or cardboard dry.
[1969 Code § 88-28.1; Ord. No.
1978-6; Ord. No. 93-19]
Signs clearly identifying the recycling area and the materials
accepted therein shall be posted adjacent to all points of access
to the recycling area. Individual bins or containers shall be equipped
with signs indicating the materials to be placed therein.
[1969 Code § 88-28.1; Ord. No.
1978-6; Ord. No. 93-19]
Landscaping and/or fencing shall be provided around any outdoor
recycling area and shall be developed in an aesthetically pleasing
manner.
[Ord. No. 99-19 § 88-28.2
A]
As used in this section:
Shall mean any structure of any material with an extendable
or retractable frame attached to a building or structure and projecting
over a public or quasi-public right-of-way or sidewalk is so constructed
as to rest against the building.
Shall mean any structure of any material of a permanent or
fixed construction which is attached to a building or structure and
permanently extends over a public or quasi-public right-of-way or
sidewalk.
[Ord. No. 89-19 § 88-28.2B]
a.
Awnings and canopies are deemed to be structural components of any building, and no site plan approval shall be granted until the applicant has set forth the information required by Subsection 34-33.5, Permit Procedure, and presented to the Construction Code Official plans setting forth how the same shall be located upon the building or structure to which it is to be attached as that the Building Department may determine and ensure compliance with the requirements of this chapter.
b.
No modification, repair (other than normal maintenance), reconstruction, relocation or alteration of a structure or structural component of an existing awning or canopy shall be permitted unless a site plan or an amended site plan application has been filed and presented to the Construction Code Official for approval, setting forth the information required in Subsection 34-33.5, Permit Procedure, and how the same shall be located upon the building or structure to which it is to be attached so that the Building Department may determine and ensure compliance with the requirements of this chapter.
[Ord. No. 99-19 § 88-28.2C]
a.
No structural support may extend from the building above the top
surface of the awning or canopy.
b.
No awning or canopy shall be more than three colors, inclusive of
any color used for permitted lettering or logo. White and black shall
be deemed to be colors. Earthtone hues are encouraged.
c.
No lettering, signs, symbols or logos are permitted on any part of
the awning or canopy, except that lettering constituting the name
of the business conducted on the premises and/or a logo symbol shall
be permitted and such names and/or logo symbol shall be deemed to
be a sign. Address number(s) shall be required.
d.
No lettering, logo, or symbol identifying the business shall exceed
10 inches in height. The address numbers shall not exceed 10 inches
and be located within the bottom third of the awning or canopy.
e.
No awning or canopy shall be permitted which will be in such a form
or presented in such a manner as may confuse or distract motorists
within view thereof.
f.
No awning or canopy shall be constructed in such a manner so as to
permit the framework or structure to be viewed from either end, and,
where necessary, the ends shall be enclosed with the same material
used to construct the awning or canopy.
g.
No awning or canopy shall be backlighted or be constructed of any
material which permits the passage of light or allows light to be
seen through the material so as to illuminate the exterior of the
awning or canopy. Any lighting under the awning or canopy shall be
cast downward toward the building facade and/or sidewalk. All lighting
shall be shielded so as not to reflect up or from behind or through
the awning or canopy.
h.
No awning or canopy shall be permitted to extend above the height
of the first floor in a two plus story building or 15 feet in a one
story building.
i.
No awning or canopy shall be supported from the ground where such
support rests upon or interferes with public property or a public
right-of-way.
j.
No awning or canopy shall be affixed to any commercial building or
structure so as to have a minimum height of less than 10 feet from
the ground at any point; nor shall any awning extend more than five
feet from the building or structure to which it is attached or four
feet in the case of a canopy. In the event an obstruction shall prevent
the same from maintaining the minimum height herein required, the
Construction Official may grant a waiver from the minimum height requirement.
k.
Extension of fixed awnings. Fixed awnings shall extend from the building
to which they are attached by more than 36 inches, nor greater than
48 inches in height from the lowest to highest point.
l.
Extension of drop awnings. Drop or retractable awnings shall extend
from the building to which they are attached by more than five feet.
m.
An awning shall be permitted to protrude into the required yard area
of the building, but not extend beyond the property line.
n.
Any lettering, numbers and symbols on any awning or canopy shall
be limited in location on the awning or canopy to the lower half measured
vertically.
[Ord. No. 99-19 § 88-28.2D]
a.
All awnings and canopies shall be maintained in a clean and neat
condition, and such maintenance shall include regular cleaning and
removal and repainting of any chipped or blistered paint or replacement
of fabric or material which is cracked, torn, ripped or otherwise
disintegrating.
b.
Any awning or canopy which no longer identifies a bona fide business
shall be taken down and removed or modified by the owner of the premises
within 30 days after such business has ceased, and any permits or
approvals therefore shall be deemed to have expired at such time.
c.
If the Construction Code Official finds that any awning or canopy
has been erected in such manner or has deteriorated to such a degree
as to be unsightly or to constitute a hazard to the general public,
the hazard shall be eliminated within 24 hours and the awning or canopy
shall be removed or repaired to the satisfaction of the Construction
Code Official within seven days after written notice of such condition
has been served upon the owner, owner's agent, lessee or occupant.
Failure to comply therewith shall be a violation of this Zoning Code
and subject the offender to its penalties.
[Ord. No. 99-19 § 88-28.2
E]
a.
No awning or canopy shall be erected without first having obtained
a permit from the Construction Code Official. Applications for this
permit shall be made in writing and shall set forth the following:
1.
The name, address, telephone number of both the applicant and owner
of the premises.
2.
The location of the building upon which the awning or canopy is to
be erected.
3.
The proposed location and position of the awning or canopy, including
its relationship to adjoining buildings or structures, height from
grade and distance from property lines located on a survey.
4.
A sketch showing all dimensions, coloration and lettering.
5.
Materials and details of construction.
b.
Application for a permit for the erection of an awning or canopy
shall be to the Construction Code Official.
[Ord. No. 01-16 § 1]
The construction of all building or structures shall be subject
to the following requirement:
a.
Prior to the receipt of any construction permit, a zoning permit
or other approvals from the Borough shall be obtained.
b.
After the obtaining of the construction permit by the applicant,
construction shall proceed up to and including the foundation prior
to backfilling only.
c.
Upon completion of the foundation work, the constructor shall have
prepared, by a licensed land surveyor, an as-built location survey
showing the actual location and elevations of the foundations. If
the survey indicates a discrepancy in either location or elevations
between the approval plan submitted at the time of the issuance of
a construction permit said discrepancy shall be immediately corrected
to conform with the plan as approved by the Construction Officer and/or
the Borough Engineer.
d.
The correction shall require the removal physically of the discrepancy.
e.
During the course of construction the Borough Engineer shall make
periodic inspections to insure that all work is being constructed
in accordance with the approved plans and specifications.
a.
Storage
Structures and Warehouses Consisting of 75,000 Square Feet or More.
Any owner or applicant on behalf of a property owner is hereby required
to submit an application to the Zoning Board of Adjustment for site
plan approval based on the following criteria:
[Added 11-10-2021 by Ord. No. 21-17]
