A.
Detached accessory structures and buildings.
(1)
Accessory structures which are not attached to a principal structure
may encroach no more than halfway into a principal building's required
side yard setback or be located anywhere within the rear yard, except
on the street side of a corner lot, provided that:
(a)
Accessory structures shall otherwise maintain the minimum yard
requirements of the principal structure.
(b)
No accessory structure shall be located closer to the street
right-of-way line than the principal structure.
(c)
No portion of an accessory structure shall be used for living
quarters.
(d)
Accessory structures below grade shall have a minimum rear or
side yard, when not abutting a street, of five feet.
(e)
No detached accessory structure shall be placed nearer than
10 feet from any principal building.
(2)
No accessory building or structure shall be constructed or placed
on any lot unless the principal building is first constructed or placed
upon said lot.
(3)
In all residential districts, the height of an accessory building
shall not exceed 1 1/2 stories or a height of 15 feet.
(a)
Accessory buildings in the R-3 Zone shall not exceed three stories
even if the principal building is in excess of five stories. In no
event shall the height of an accessory building in the R-3 Zone exceed
the height of the principal building.
B.
When an accessory structure is attached to the principal building,
it shall comply in all respects with the requirements of this chapter
applicable to the principal building, including lot coverage and setbacks.
A.
In any nonresidential district, no accessory structure or use shall
be located closer to any lot line than five feet. Said requirements
shall not apply to retaining and decorative walls and fences, provided
same do not exceed seven feet in height.
B.
Accessory structures below grade shall have a minimum rear or side
yard, when not abutting a street, of five feet.
C.
In any nonresidential district, no accessory structure shall be located
closer to any lot line than is required for the principal building
on such lot.
D.
In any nonresidential district, the aggregate area covered by accessory
structures shall not exceed 25% of the rear yard, exclusive of required
buffer areas.
E.
In any nonresidential district, all accessory structures shall be
located no less than 12 feet from the side or rear of the principal
building.
F.
In any nonresidential district, no accessory structure shall be located
closer to the street right-of-way line than the required front yard
setback of the principal structure.
G.
When an accessory structure is attached to the principal building
in all nonresidential districts, it shall comply in all respects with
the requirements of this chapter applicable to the principal building
including lot coverage.
H.
No portion of an accessory structure in any nonresidential district
shall be used for living quarters.
I.
In all nonresidential districts, the height of the accessory structure
to a permitted principal use shall not exceed two stories or 20 feet.
J.
Any garage structure, whether attached to or detached from the principal
building, shall be treated as an accessory structure for purposes
of building height.
K.
Accessory buildings for legally preexisting residential uses or for
residential uses permitted by variance shall meet the standards for
accessory buildings and structures for residential districts.
A.
Accessory business uses in office buildings.
(1)
The following accessory retail and service uses shall be permitted
within office buildings, provided that they are located only on the
first floor.
(2)
Child day cares and seasonal day camps for children of employees
of any office tenant shall be permitted on any floor of the building,
provided adequate security shall be in place to limit access only
to day care/day camp staff, building custodial staff, security personnel,
and family or other persons authorized to drop off, pick up, and care
for children.
(3)
All of the permitted accessory uses identified herein must be
entirely contained within the building. Direct access from the outside
shall be prohibited. Such space shall have no exterior signs or other
appurtenances of any kind whatsoever.
B.
Accessory business uses in hotels.
(1)
The following accessory retail and service uses shall be permitted
within hotels.
(a)
Banks;
(b)
Barber and beauty shops;
(c)
Book and stationery stores;
(d)
Confectionery and tobacco sales;
(e)
Gift shops;
(f)
Dry-cleaning establishments;
(g)
Restaurants and other eating and drinking establishments;
(h)
Florist shops;
(i)
Travel agencies and automobile rental services;
(j)
Live entertainment;
(k)
Bars and alcohol sales;
(l)
Convenience retail;
(m)
Catering;
(n)
Guest recreation facilities.
(2)
The above list does not prohibit hotels from including other
accessory uses such as pools, gyms, child play spaces, and other customarily
incidental and subordinate uses, where access and enjoyment of such
use is not subject to additional fees or charges beyond the rate to
stay in the hotel.
(3)
Child day cares and seasonal day camps for children of persons
or families staying in the hotel shall be permitted on any floor of
the building, provided adequate security shall be in place to limit
access only to day care/day camp staff, building custodial staff,
security personnel, and family or other persons authorized to drop
off, pick up, and care for children.
(4)
All of the permitted accessory uses identified herein must be
entirely contained within the hotel building. Direct access from the
outside shall be prohibited. Such space shall have no exterior signs
or other appurtenances of any kind whatsoever.
C.
Billiards tables in bars.
(1)
Shall be permitted, provided there is at least six feet from
any edge of a billiard or pool table and any bar overhang, eating
table or booth with seating, or any other pool table, and at least
four feet between the pool table and any other wall or obstruction.
(2)
No person shall be able to access and use a billiard table who
is not otherwise legally permitted to enter a bar or drinking establishment.
D.
Child day cares.
(1)
Shall be permitted as accessory uses to the following principal
uses:
(a)
Hotels [per § 175-11.3B(2)];
(b)
Offices [per § 175-11.3A(2)];
(c)
Health and fitness clubs, gyms, spas;
(d)
Government buildings;
(e)
Post-secondary education facilities (colleges, etc.);
(f)
Assembly uses.
(2)
Child day cares permitted as accessory uses shall only be available
for use by employees, patrons, and customers of the principal use
on the same lot.
F.
Garage or yard sales.
(1)
A garage or yard sale of goods and materials shall not be conducted
more than once during any one calendar year from the same residential
premises, and any such garage or yard sale shall not exceed two days
in duration. All signs advertising the sale must be removed within
24 hours of the completion of the sale.
(2)
No food or drink shall be served as part of the garage or yard
sale, except that water or food may be offered if a health concern
arises.
G.
Live entertainment.
(1)
Musical, theatrical, spoken word (poetry, comedy), and similar
types of small-scale performances shall be permitted as an accessory
use in bars, restaurants, assembly uses, nightclubs, and similar uses,
provided the following:
(a)
There shall be no fee charged for enjoyment of the live entertainment
except where the performances take place in a separate room from the
main bar, general restaurant seating, main dance floors, or main assembly
space.
(b)
Patrons of the principal business/use can access that principal
use (i.e., drink at the bar, be seated at the restaurant) when live
entertainment occurs regardless of their interest in the live entertainment.
(c)
Live entertainment shall not include nudity or explicit sexual
activities.
I.
Private garages.
(1)
Private garages shall be deemed to be accessory uses to a permitted
principal use if it is located on the same lot or parcel as the principal
use.
(2)
Private garages shall be subject to regulations established
herein.
(3)
In any townhouse development, the driveway providing access
to a private garage may be counted as a parking space, provided that
a minimum area of 10 feet in width and 20 feet in length is provided
in the driveway area.
(4)
Private garages shall only be utilized for the storage and security
of motor-driven vehicles. Private garages and carports shall not be
utilized for the conduct of any business, service, or residency.
(5)
Private garages shall be permitted as accessory uses in all
residential zones either as a detached structure or as a part of the
main building for the storage of automobiles and other permitted items
owned by the occupants of the main building. Not more than one commercial
vehicle which shall not exceed 10,000 pounds in gross vehicular weight
shall be stored in said garage.
J.
Private tennis and basketball courts.
(1)
Private tennis and basketball courts shall be permitted as an
accessory use to a residential use, provided it is constructed on
the same lot or parcel as the principal use. Said courts may be erected
only in the rear yard of the zone lot. No portion of the courts or
fence area surrounding the courts shall be located closer than 10
feet to any adjoining property.
(2)
No outdoor lighting shall be permitted in conjunction with said
private courts unless it can be demonstrated that said lighting will
be totally shielded from all surrounding residential land uses.
(3)
A fence with a maximum height of 10 feet shall be permitted
incidental to the tennis or basketball court.
(4)
The court may be used only by the residents of the premises
and their non-fee-paying guests and shall not be used as a revenue-generating
operation.
(5)
Development of a private tennis or basketball court on any residential
property shall be subject to site plan approval by the Planning Board.
K.
Refuse enclosures and storage areas.
(1)
Except for one- and two-family dwellings, any use or building
which stores refuse outdoors shall comply with these requirements:
(a)
Any dumpsters or similar large capacity trash containers on
parts of the lot or tract which are visible from any adjacent residential
property, public open space, or public right-of-way shall be visually
screened with a durable fence at least six feet in height.
(b)
The enclosure or storage area shall be designed to contain all
trash that is generated and deposited on site. This shall be understood
to mean that the enclosure not only has the capacity to hold all trash
generated, but that it prevents loose trash from being moved outside
of the enclosure by natural forces such as wind and flood.
(c)
The refuse enclosures or storage shall have a 4,500 pounds per
square inch, air-entrained concrete base slab with a six-inch-by-six-inch
ten-gauge welded wire fabric reinforcement.
(d)
The refuse enclosures or storage areas shall be located to provide
clear and convenient access to refuse collection vehicles.
(2)
No refuse and recycling storage areas shall be permitted between
a street and the front of a building, and all storage areas shall
conform to all yard requirements imposed by this chapter upon the
principal buildings in the zone.
(3)
All materials or wastes which might cause fumes or dust or which
constitute a fire hazard or which may be edible or otherwise attractive
to rodents or insects shall be stored outdoors only if enclosed in
sealed and covered containers which are adequate to eliminate such
hazards.
L.
Roomers and/or boarders.
(1)
No roomer or boarder shall be permitted in any dwelling buildings,
except that:
N.
Solar energy systems.
(1)
Residential requirements.
(a)
Roof-mounted solar energy systems.
[1]
Installation of solar energy systems shall be permitted
on the roofs of residential housing units. The solar energy systems
shall be mounted parallel to the roof angle and shall not exceed a
height of 12 inches above the edge of the roof line.
[2]
The unit height shall never exceed the highest
point of the roof surface or structure.
[3]
In the instance that the solar energy system is
to be mounted on a flat roof, the panels may be angled to achieve
maximum sun exposure, but shall not exceed five feet above the roof
height, nor exceed the height of the parapet wall, whichever is less.
In the event that the building does not contain a parapet wall, then
the applicant shall provide the appropriate screening to shield the
panels from view from street level.
[4]
In no instance shall the unit extend beyond the
front, side, or rear roof lines.
[5]
The solar energy system shall not exceed the maximum
height that is permitted for a principal or accessory building in
that zone.
[6]
Solar energy systems are subject to the issuance
of the appropriate permit issued through the Department of Building,
Housing and Land Use.
(b)
Residential ground-mounted solar energy systems that produce
energy are not permitted in residential districts.
(2)
Nonresidential requirements.
(a)
Roof-mounted solar energy systems.
[1]
Installation of solar energy systems shall be permitted
on the roofs of nonresidential structures with minor site plan approval.
The solar energy systems shall be mounted parallel to the roof angle
and shall not exceed a height of 12 inches above the edge of the roof
line. The unit height shall never exceed the highest point of the
roof surface or structure. In the instance that the solar energy system
is to be mounted on a flat roof, the panels may be angled to achieve
maximum sun exposure but shall not exceed five feet above the roof
height, nor exceed the height of the parapet wall, whichever is less.
In the event that the building does not contain a parapet wall, then
the applicant shall provide the appropriate screening to shield the
panels from view from street level. In no instance shall the unit
extend beyond the front, side, or rear roof lines. The solar energy
system shall not exceed the maximum height that is permitted for a
principal or accessory building in that zone. Solar energy systems
are subject to the issuance of the appropriate permit issued through
the Department of Building, Housing and Land Use.
(b)
Ground-mounted solar energy systems.
[1]
Ground-mounted solar energy systems shall be permitted in the rear and side lots of nonresidential properties, as long as the units are not visible from the street or neighboring residential properties [see Subsection N(2)(c) below, Aesthetic and architectural standards]. In no instance shall a ground-mounted solar energy system be permitted in the front yard of a nonresidential property. The height of the unit shall not exceed eight feet in height. Solar energy systems are subject to the appropriate permit issued through the Department of Building, Housing and Land Use.
(c)
Aesthetic and architectural standards.
[1]
Roof-mounted solar energy systems. Exposed hardware,
supporting structures, frames and piping shall be finished in nonreflective
surfaces and shall be compatible with the color scheme of the roof,
or concealed. Solar-energy system is subject to the installation of
appropriate screening in an architectural design compatible with the
building.
[2]
Exposed hardware, supporting structures, frames,
hardware, and piping that are visible to residential properties shall
be screened from residential view through the installation of screening
materials. The lot owner shall provide appropriate effective natural
buffering materials that will block the view of said solar energy
systems and accompanying materials from abutting residential zones
or properties.
(3)
Solar panels, whether in a residential or nonresidential area,
shall be maintained in accordance with the Housing and Maintenance
Code of the City of Hackensack.
O.
Tool sheds and other similar structures.
(1)
Tool sheds, dog houses and other small structures shall be permitted
as accessory uses, provided said accessory uses are located on the
same lot or parcel as the principal use. Tool sheds and other similar
structures shall only be provided in the rear yard of the zone lot.
Said accessory uses shall not occupy more than 3% of the rear yard
area as defined herein.
(2)
Tool sheds or other similar accessory structures up to 100 square
feet may not be placed closer than three feet from the property line;
larger than 100 square feet must meet the principal-building setback
requirements for the zone.
P.
Vending machines.
(1)
Not more than one food or merchandise vending machine shall
be located upon any one lot. This restriction shall not apply to food
or merchandise vending machines which are located within a permanent
enclosed building.
(2)
A food or merchandise vending machine which is not located as
an accessory use within a permanent enclosed building housing a principal
use shall conform to all of the following regulations and restrictions:
(a)
No food or merchandise vending machine shall occupy an area
of more than 48 square feet.
(b)
No food or merchandise vending machine shall be located within
any required front yard area or any yard area abutting a side street.
(c)
No food or merchandise vending machine shall be permitted unless
it is of metal or steel construction.
