A.
In any residence district, no building or land shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than those specified in Subsection A(1) through (5) of this section.
(1)
Residence for not more than one family.
(2)
Churches, temples and other houses of worship (subject to the provisions of § 400-80).
[Amended 6-14-2016 by Ord. No. 2016-1416]
(3)
Municipal buildings, playgrounds, parks and public and private schools (public and private schools subject to the provisions of § 400-79 et seq.).
[Amended 12-8-1987 by Ord. No. 87-849]
(4)
Way stations for the shelter of passengers using commercial transportation.
(5)
Such accessory uses as are customarily incident to the foregoing uses and are not injurious to a residential district. Such accessory uses shall not include a business or manufactory, but may include:
(a)
Professional office.
[Amended 12-13-1988 by Ord. No. 88-879]
[1]
An office for a professional, limited to a practitioner duly licensed by the State of New Jersey and practicing as a physician, dentist, chiropractor, lawyer, insurance broker or agent, architect, engineer, accountant or real estate broker, if such office:
[a]
Is entirely within a dwelling occupied by and serving as the principal place of residence of such practitioner.
[b]
Is incidental and secondary to the use of the dwelling for residential purposes, and the area of such use does not exceed the lesser of 25% of the floor area of the entire residence, exclusive of the basement and nonoccupational areas, or 500 square feet.
[c]
Is staffed by the practitioner who resides in the dwelling and not more than three nonresidents, inclusive of copractitioners and employees.
[d]
Is not used for the sale of goods.
[e]
Does not have, in connection therewith, any display other than a name sign of the practitioner, as is regulated by the Code of the Borough of Montvale.
[f]
Is to remain in existence only so long as the practitioner continues to occupy the premises as his or her principal residence as aforesaid.
[g]
Is located in a structure intended for single-family occupancy within the R-40, R-15 and R-10 Residential Districts whose frontage is located on the following streets:
Kinderkamack Road from the railroad tracks north to the New York State Line; |
Grand Avenue from Middletown Road west to the Upper Saddle River border; |
Summit Avenue from Spring Valley Road west to Chestnut Ridge Road; |
Spring Valley Road from the Park Ridge border north to the New York State Line; |
Chestnut Ridge Road from Summit Avenue north to the New York State Line; |
Middletown Road from the River Vale border north to the New York State Line. |
Such incidental professional use shall not be permitted elsewhere in any of the residential districts aforesaid. |
[h]
Provides a minimum of one parking space for each nonresident copractitioner or employee and an additional two parking spaces for patrons, all of which shall be located off street and on the property intended to be served, exclusive of garages. Said parking spaces and the access thereto shall be designed and located in such a manner so as to allow for the free access of vehicles maintained by the residential occupants of the structure and which will nevertheless allow access to the spaces reserved for the professional use, inclusive of an appropriate turnaround area to allow forward vehicular egress from the site.
[i]
Provides parking spaces of such dimension as is regulated, in the case of general office uses, by the Code of the Borough of Montvale and are constructed in accordance with municipal standards.
[j]
Provides that the parking area is screened from view from all adjacent properties and streets, except where such screening impedes proper sight distance at the street, by plantings.
[k]
Provides lighting sufficient to allow for the safe movement of vehicles and pedestrians, which lighting shall nevertheless be so arranged and shielded as to reflect the light downward and away from all adjoining properties and streets.
[l]
Provides that all yard requirements as set forth in the Limiting Schedule of Chapter 400 of the Montvale Code[1] are satisfied.
[1]
Editor's Note: The Limiting Schedule is included as an attachment to this chapter.
[m]
Provides further that no parking area, including driveways, shall be located closer than 10 feet to any property boundary line.
[2]
Such uses when permitted shall be subject to site plan review and approval as required by the Code of the Borough of Montvale in the instance of nonresidential development and shall further be subject to the applicable resolutions and ordinances of the County of Bergen.
(b)
Temporary buildings, such as toolhouses or workmen's shacks, to be used in connection with the erection of a permanent building, for a period not exceeding one year. Such temporary buildings shall be removed within 60 days after the completion of the permanent building or after the one-year period.
B.
Special accessory uses.
[Added 7-10-1979 by Ord. No. 79-702; amended 5-10-1983 by Ord. No. 83-767; 10-7-2019 by Ord. No. 2019-1474]
(1)
Sports courts. Sports courts shall only be permitted as accessory uses subject to the following conditions:
(a)
Only one sports court, which term shall include tennis courts, half basketball courts, and other similar sports courts, shall be located on a lot.
(b)
The sports court, if allowed, shall be located on a lot on which there exists, at the time of its construction, a permitted principal use.
(c)
No sports court shall be located within the front yard or forward of the front building setback line as prescribed by this chapter.
(d)
No sports court shall be located on a lot exhibiting an area of less than 38,000 square feet, except that no tennis court shall be constructed on a lot exhibiting an area of less than 60,000 square feet. No sports court shall be located closer than 25 feet to any side or rear property line.
(e)
Any fence constructed around the perimeter of the sports court shall not exceed eight feet, notwithstanding any ordinance to the contrary.
(f)
The sports court and fencing shall be screened by the use of plantings so as to obscure the view of the same from any street or adjacent property. Said plantings shall be comprised of evergreens a minimum of six feet tall.
(g)
Sports courts within a residential zone shall not be used for commercial purposes.
(h)
Lighting shall be permitted only under certain conditions as follows:
[1]
Lighting fixtures must be a minimum of 25 feet from the rear and side lot lines. No lighting shall be permitted in any front yard.
[2]
At all times the lighting intensity at the property lines shall be a maximum of 0.15 footcandle. This measurement shall be conducted in accordance with generally accepted engineering standards, and the measurement shall include and be the sum of the combined illumination of the sports court lighting, other lighting on the property and lighting from any natural light sources.
[3]
Lighting on sports courts shall not be permitted after 10:00 p.m.
[4]
Fixtures shall be of a type and shall be mounted and shielded in such a manner as to prevent the light source from being visible off the property. Such lighting shall further be of a type and located and positioned in such a manner as not to illuminate adjacent properties.
[5]
The mounting height of lighting fixtures shall not exceed 15 feet.
(2)
Permit required. No sports court shall be constructed prior to the issuance of a building permit and, where applicable, an electrical permit from the Construction Official and Zoning Officer of the Borough of Montvale.
(3)
Application for permit. A permit shall be granted upon application to the Building Department and approval of the Building Department and the Borough Engineer of a plan exhibiting that the conditions herein imposed have been satisfied and that no detrimental effect will be visited upon the surrounding area by the establishment of the requested accessory use. The applicant shall take any other appropriate and reasonable measures as determined by the Borough Engineer to ensure that no detrimental effect will be created. The application presented to the Building Department shall be submitted with a site grading plan demonstrating that surface water runoff will not adversely affect adjoining properties. All applications for a sports court shall comply with § 400-112K regarding tree removal.