Article II Zoning Districts; Zoning Map

[Amended 3-3-1977; 4-7-1977; 11-2-1978; 5-7-1981; 6-25-1985; 2-4-1988; 5-4-1989]

§ 208-2 Establishment of districts; Zoning Map.

[Amended 5-4-1989]

The Township is hereby divided into the districts listed below:

	A District - One- and Two-Family Residential Zone
	B District - Commercial Zone
	C District - Industrial Zone
	M District - Mixed Use Zone
	MII District - Mixed Use II Zone [Added 8-4-2011 by Ord. No. 2011-07]
	SCR District - Senior Citizen Multifamily Residential Zone [Added 10-9-2003 by Ord. No. 2003-19]
	AHOD - Affordable Housing Overlay District [Added 1-6-2005 by Ord. No. 2004-25]

Such districts shall have the boundaries and areas as shown on the map accompanying this chapter and made a part hereof and entitled "Zoning Map, Township of South Hackensack, Bergen County, New Jersey, dated September 5, 1986, prepared by Kenneth G.B. Job, P.E. & L.S.," and the several districts as thereon laid out are hereby established.

§ 208-3 Lots in two districts.

[Amended 4-12-2012 by Ord. No. 2012-05]

In case the boundary line of any district shall run through any lot, the regulations of the more-restricted district shall apply.

§ 208-4 A District - One- and Two-Family Residential Zone.

Permitted uses. In an A District - 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:

(1)

Single-family dwelling unit.

(2)

Two-family dwelling unit.

(3)

(Reserved)[1]

[1]

Editor’s Note: Former Subsection A(3), regarding a home/professional office, was repealed 4-12-2012 by Ord. No. 2012-05.

(4)

Public utilities within public rights-of-way or within other easements granted therefor together with the necessary connections thereto, pursuant to and to the extent permitted by grants or franchises of the Township.

[Added 9-28-2000 by Ord. No. 14-00]

(5)

Digital data communication radio units no larger than two cubic feet in size, excluding the electric line and any attached antenna, each of which has an antenna no longer than three feet, installed upon any existing utility pole at a point thereon no closer than 20 feet from the ground, and which such radio unit shall be no closer to any other radio unit in this zoning district than 1,500 feet to any other such radio unit.

[Added 9-28-2000 by Ord. No. 14-00]

Area and yard requirements.

[Amended 12-19-1996 by Ord. No. 96-14; 5-8-2003 by Ord. No. 2003-04; 6-10-2004 by Ord. No. 2004-11; 6-9-2005 by Ord. No. 2005-05; 4-12-2012 by Ord. No. 2012-05]

Lot		One-Family Dwelling	Two-Family Dwelling	Home/ Professional Office
Minimum area
	Residential lot (square feet)	5,000	5,000
Maximum lot coverage
	Principal and accessory structures	40%	40%
	Maximum lot coverage	60%	60%
Frontage, minimum (feet)		50	50
Front yard setback, minimum (feet)		25	25
One side yard, minimum (feet)		5	5
Other side yard (feet)		5	5
Both side yards (feet)		12.5	12.5
Rear yard, minimum (feet)		25	25
Maximum height:
	Stories	2.5	2.5
	Height (feet)	28	28
Basements/cellars		Prohibited	Prohibited
Maximum living area (square feet) (second unit)		900	900
Maximum gross square footage		3,750	3,750
Minimum side yard distance between two dwellings		10	10
Minimum off-street parking spaces required		1 garage plus 1 parking space, minimum 10 x 20 feet	2 garages, plus 2 parking spaces, each being a minimum of 10 x 20 feet; at least 1 such parking space or 1 such garage shall be devoted at all times to the exclusive use of each of the dwelling units	1 space per 200 square feet of office, minimum 2 spaces, whatever is greater*

* NOTE: Where a home/professional office combines with a residential dwelling, the number of parking spaces required will be that of the combination of the two uses.

(1)

Driveway width. A maximum of 12 feet of width for any single driveway or 20 feet of width for any double driveway leading from the curb cut to a single-car garage or double-car garage, as the case may be, for all property with fifty-foot frontage. Any property with frontage exceeding 50 feet may extend the width of said driveway but not to exceed 40% of the front width. The Township Engineer may impose special conditions in conjunction with the standard requirements where an access driveway requires an unusual design and/or the Township Engineer in his or her sole discretion determines said requirements to be in the best interests of the public health, safety and welfare. Any special conditions must first be approved by the Township Committee. The Township Committee shall decide all disputes between the Township Engineer and applicant.

[Added 12-15-2005 by Ord. No. 2005-14]

(2)

Swimming pools. A swimming pool shall be located no closer than five feet to a rear or side property line, measured from the nearest waterline of the pool to the respective property line of the property. It shall be located no closer than five feet to the principal dwelling or any accessory structure.

[Added 12-15-2005 by Ord. No. 2005-14]

(3)

Front yard parking or placement prohibited. No permanent pool, motor vehicle or recreational vehicle shall be permitted in a front yard at any time, except that motor vehicles and recreational vehicles which do not exceed 25 feet in length may be parked in a driveway. Nothing herein shall be deemed to permit the open parking or placement of a motor vehicle or recreational vehicle which is in a state of disrepair or partial construction.

[Added 12-15-2005 by Ord. No. 2005-14]

Conditionally permitted uses.

(1)

The following uses are conditional uses permitted in an A District - One- and Two-Family Residential Zone.

(a)

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

(b)

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

(c)

Public and parochial schools for academic instruction.

(d)

Public recreational and community center buildings and grounds.

(e)

Public libraries and museums.

(f)

Parks and playgrounds.

(2)

Requirements.

(a)

Site development plan approval shall be required prior to the issuance of building permits for the erection and expansion 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.

(b)

Area and yard requirements for conditional uses.

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

Prohibited uses. Any other uses other than those permitted by Subsections A through C 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 A District:

(1)

Multifamily housing.

(2)

All nonresidential uses.

(3)

Go-go lounge which is an establishment or premises wherein a scantily clad person or persons are permitted to dance or otherwise move and perform in a suggestive manner.

[Added 9-17-1991]

(4)

Any “cabaret” or “nightclub” which, for the purposes hereof, is defined as a commercial establishment open to the public providing food and/or drink which also provides entertainment in the form of dancing by live performers other than the patrons thereof.

[Added 7-11-2002 by Ord. No. 15-02]

(5)

Any sexually oriented adult entertainment as the same is defined in § 208-1 of this chapter as a principal use or as an accessory to any permitted use that is open to the public.[2]

[Added 7-11-2002 by Ord. No. 15-02]

[2]

Editor's Note: Former Subsection D(6), which prohibited cannabis businesses except for the delivery of cannabis items and related supplies by a delivery service, adopted 8-5-2021 by Ord. No. 2021-08, which immediately followed this subsection, was repealed pursuant to Ord. No. 2021-13, adopted 12-27-2021.

Schedule of District Regulations. In an A District, the following miscellaneous regulations shall apply:

(1)

Sight triangle. On a corner lot, nothing shall be erected, placed or planted or allowed to grow in such a manner as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center line grades of the intersecting streets, the area being an area bounded by the street lines of such corner lots and a line joining points along said lines 20 feet from the point of intersection, nor shall a principal structure be located less than 15 feet from the side street line.

(2)

Accessory buildings.

[Amended 7-6-1989]

(a)

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 450 square feet except as provided under Subsection E(2)(a)[3] hereof. The building height, as defined by § 208-1, shall not exceed 15 feet.

[Amended 5-8-2003 by Ord. No. 2003-04; 12-15-2005 by Ord. No. 2005-14]

[2]

No accessory building in any residential zone shall be nearer than three feet from a side or rear lot line nor shall be nearer than five feet to the principal building.

[3]

No accessory building principally used for the storage of personal property such as those buildings commonly known as a “shed” or “garden barn” shall exceed coverage of 108 square feet or a height of seven feet at any two of its side walls or 10 feet at its peak, except for an accessory structure designed principally for the storage of motor vehicles and commonly known as a “garage.”

[Amended 10-11-1998 by Ord. No. 11-98; 5-8-2003 by Ord. No. 2003-04]

[4]

Unless otherwise specified herein, an accessory structure which is attached to a residential dwelling shall comply with the yard requirements for the principal dwelling. A detached accessory structure shall be located behind the front building line of the principal dwelling. If located in a side yard, it shall conform to the side yard requirements for the principal dwelling. If located in the rear yard, it shall be located no closer to the rear property line than the height of the accessory structure or 12 feet, whichever is less, except that storage sheds and detached garages may be located no closer than three feet to the rear and side property line. All accessory structures, other than inground swimming pools, shall occupy no more than 20% of the rear yard.

[Added 12-15-2005 by Ord. No. 2005-14]

(b)

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

Accessory uses.

[Added 4-12-2012 by Ord. No. 2012-05]

(1)

Home/professional office: as defined in § 208-1A, provided that the professional practicing in the occupation resides on the premises, and further provided that no more than 1/3 of the area of one floor is so used, not more than two persons other than the resident professional work or are employed as assistants to the professional in such office and such office is entirely within the principal building. In no event may the uses permitted in Subsection A(1) and (2) be combined with this permitted accessory use to create three or more units on one lot. An affidavit to this effect will be submitted when required by the Zoning Enforcement Officer.

§ 208-5 Fences.

[Amended 5-8-1997 by Ord. No. 97-6; 5-8-2003 by Ord. No. 2003-04; 9-11-2003 by Ord. No. 2003-16; 4-12-2012 by Ord. No. 2012-05]

The Zoning Enforcement Officer of the Township shall supervise the size, height and dimensions of any fences between the lands of adjoining owners according to the following regulations.

Fences in the A District, One- and Two-Family Residential Zone, or on lots in any other zone district on which buildings occupied for residential purposes are erected:

(1)

No fence hereafter erected, altered or reconstructed shall exceed a height of six feet along the rear property line and along the side property line from a point 25 feet in from the front property line to the rear property line.

(2)

As to the first 25 feet of property side lines, the height of the fence must not be greater than four feet.

(3)

Fences over two feet in height erected along the front property line shall be at least 50% open.

Fences in the C District, Industrial Zone:

(1)

No fence hereafter erected, altered or reconstructed shall exceed a height of eight feet.

(2)

Any lot located either wholly or partially within any zone abutting an A Residential Zone or use shall have erected along the entire length of any portion of the property abutting the A Residential Zone or use a fence of six feet in height and composed of a board-on-board, vinyl or other nontransparent material as the same may be approved by the Zoning Officer, Planning Board or Zoning Board of Adjustment. The fencing required herein shall be constructed in the side and rear yards of the property but shall not be constructed within the front yard unless otherwise approved by the Planning or Zoning Board of Adjustment or Zoning Officer in accordance with the terms of this Code.

[Added 7-11-2013 by Ord. No. 2013-03]

No fence hereafter erected, altered or reconstructed in any zone district other than those in Subsection B or C above shall exceed a height of six feet above ground level.

The following regulations apply to fences in all zone districts:

(1)

Fences which have a finished side shall be erected so that the finished side is facing outward.

(2)

The use of barbed wire or wire on which barbs or metal points are strung or fastened is prohibited.

(3)

No fence shall be electrified or capable of giving an electrical charge or shock.

(4)

The use of canvas or cloth for fences is prohibited.

(5)

All fences must be erected within property lines, including footings.

(6)

No fence shall encroach on any public right-of-way without approval of such encroachment by the Township Council.

(7)

All fences shall be maintained in a sound, safe and upright condition. Fencing which violates this section shall be repaired or removed within 15 days of written notification from the Zoning Enforcement Official.

(8)

No fence shall be located within 25 feet of the intersection of two street lines, as measured from the intersection of the two curbs or street lines if no curb exists.

§ 208-6 B District - Commercial Zone.

Permitted uses. 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:

(1)

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. Local business activities shall include but not be limited to:

(a)

Antique shops.

(b)

Bakeries and butcher shops.

(c)

Cabinet and furniture stores.

Drug stores.

Florists.

Grocery stores.

Meat markets.

Package liquor stores.

(i)

Eating and drinking establishments, such as delicatessens, luncheonettes and restaurants but excluding drive-in eating establishments and taverns.

[Amended 5-8-2003 by Ord. No. 2003-04]

(2)

Local fast-food or service activities which may include personal service establishments, such as:

(a)

Barbershops and beauty salons.

(b)

Tailors.

(c)

Dressmakers.

(d)

Coin-operated laundries.

(e)

Dry cleaners.

(f)

Printing establishments.

(g)

Television and radio repairs.

(h)

Theaters.

(i)

Music and dancing schools.

Art galleries.

Art studios.

Travel agencies.

Repairs 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.

(3)

Office buildings, including:

(a)

Banks.

(b)

Savings and loan institutions.

(c)

Professional, business and government offices.

(d)

Offices for physicians, dentists, lawyers, architects, engineers, accountants, real estate and insurance brokers.

(e)

Post office.

(f)

Mortgage offices, brokerage houses or other investment-related offices.

[Added 9-14-2006 by Ord. No. 2006-18]

(g)

Offices for commercial, financial or executive purposes.

[Added 9-14-2006 by Ord. No. 2006-18]

(4)

[Added 9-28-2000 by Ord. No. 14-00]

(5)

Digital data communication radio units no larger than two cubic feet in size, excluding the electric line and any attached antenna, each of which having an antenna no longer than three feet, installed upon any existing utility pole at a point thereon no closer than 20 feet to the ground and which such radio unit shall be no closer to any other radio unit in this zoning district than 1,000 feet any other such radio unit.

[Added 9-28-2000 by Ord. No. 14-00]

Area and yard requirements. Area and yard requirements for the lot and the structure shall be as follows:

[Amended 12-19-1996 by Ord. No. 96-14]

Area, minimum		5,000 square feet
Lot:
	Coverage, maximum	50%
	Width, minimum	50 feet
	Depth, minimum	100 feet
Yards:
	Front yard setback (1 story), minimum	10 feet
	One side yard, minimum	5 feet
	Both side yards, minimum	10 feet
	Rear yard, minimum	10 feet
Landscaped area, minimum		5%
Structure height, maximum		30 feet

Conditionally permitted uses.

(1)

The following conditionally permitted uses are permitted in the B Zone:

(a)

Community buildings.

(b)

Schools.

(c)

Churches and houses of worship.

(d)

Clubs and activities of a quasi-public, social or fraternal character.

(2)

Site development plan approval. Site development plan approval shall be required prior to the issuance of a building permit for the erection or expansion of all conditionally permitted uses and structures in a B Zone. Such approval shall also be required prior to the issuance of the certificate of occupancy for a change of use for a permitted or conditionally permitted use.

Area and yard requirements for conditional uses. The area and yard requirements for conditional uses herein shall be the same as for conditional uses in an A District.

Permitted accessory uses. Permitted accessory uses shall be as follows:

(1)

Garages to house delivery trucks or other commercial vehicles only when accessory to a permitted commercial use.

(2)

Accessory uses customarily incidental to the permitted use.

Prohibited uses.

(1)

Any uses other than those uses permitted by Subsections A through E of this section shall be prohibited. Nothing contained in this article shall be construed to permit any of the following uses in any B District:

(a)

Multifamily residential uses.

(b)

Community shopping centers.

(c)

Regional shopping centers.

(d)

Laboratory or industrial uses.

(e)

Wholesaling or warehousing.

(f)

Automotive uses, including:

[1]

New and used car or truck sales.

[2]

Automobile repair shops.

Commercial garages.

Body shops.

Paint shops.

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

[7]

Gasoline service stations.

[8]

Car wash establishments.

[9]

Driving schools.

(g)

Tattoo and piercing shops.

[Added 4-12-2012 by Ord. No. 2012-05]

(2)

Solid waste facility.

(3)

[Added 7-11-2002 by Ord. No. 15-02]

(4)

Any sexually oriented adult entertainment as the same is defined in § 208-1 of this chapter as a principal use or as an accessory to any permitted use that is open to the public.

[Added 7-11-2002 by Ord. No. 15-02]

(5)

Massage parlors.

[Added 9-14-2006 by Ord. No. 2006-18]

(6)

Poolrooms, billiard rooms or parlors.

[Added 9-14-2006 by Ord. No. 2006-18]

(7)

Vehicles for hire such as limousine services and taxis, including offices serving such business.[1]

[Added 4-12-2012 by Ord. No. 2012-05]

[1]

Editor's Note: Former Subsection F(8), which prohibited cannabis businesses except for the delivery of cannabis items and related supplies by a delivery service, adopted 8-5-2021 by Ord. No. 2021-08, which immediately followed this subsection, was repealed pursuant to Ord. No. 2021-13, adopted 12-27-2021.

Off-street parking requirements.

(1)

Professional offices shall have one space for every 300 square feet of office space or part thereof.

(2)

Commercial uses shall have one space for each 300 square feet of floor space.

(3)

Eating and drinking establishments shall have one space for each three seats.

(4)

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

(5)

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

(6)

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.

(7)

The parking requirements for professional or commercial uses shall be met within 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 Chapter 192, Subdivision and Land Development, 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 Township of South Hackensack.

Off-street loading requirements.

(1)

Off-street loading and unloading. For any building hereafter erected and having a gross floor area of more than 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.

(2)

Every commercial structure in excess of 5,000 square feet gross floor area, other than a professional office building, shall provide at the side or rear of the structure a minimum of one off-street loading space at least 15 feet by 50 feet, subject to Planning Board approval. There shall be no loading or unloading from the street in the B District.

Screening of parking and loading areas. In the B District, all parking areas and loading and unloading areas in conjunction with a business use shall be screened from adjacent residential districts and parks by a hedge, fence, wall or other protective device at least six feet in height as approved by the Planning Board.

Landscaped open space area. In order to provide for much needed pervious areas for drainage purposes, a minimum of 30% of total lot area shall be maintained in lawns, gardens, buffer strips or woodlands, subject to site plan approval.

Planted buffer strip. Where a lot in a B District abuts a lot in a residential district, there shall be provided along such lot lines on such business lot a planted buffer strip at least five feet in width, and in said side yard a strip of 10 feet abutting a 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.

Sight rights. Visibility at intersections shall conform to that required by § 208-4E(1).

Miscellaneous requirements.

[Added 4-12-2012 by Ord. No. 2012-05]

(1)

Accessory buildings. Accessory buildings shall not be located in required side yards or setbacks.

(2)

Access and egress. Access to or egress from any nonresidential use in the B District to any residential zone shall be prohibited.

(3)

Floodlighting of industrial buildings. Floodlighting of industrial building front, side and rear yards is permitted, provided that all such lights shall be shielded and beams so directed so as not to cause glare on adjoining buildings or properties. No floodlight, spotlight or other light shall be erected in such a manner that its beam shall be directed in whole or part towards a street, roadway or highway or toward adjoining property or in any way or manner that will cause a traffic hazard due to its glare.

(4)

Enclosure required. All permitted usages and all storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides.

(5)

Site development plan approval. Site development plan approval shall be required prior to the issuance of building permits for the erection or expansion of all permitted and conditionally permitted structures and for a change of use of a structure.

Performance standards.

[Added 4-12-2012 by Ord. No. 2012-05]

(1)

No use shall be established, maintained, conducted or permitted in any B District so that the same will cause any of the following:

(a)

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

(b)

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

(c)

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

(d)

Odors noticeable at the lot line and beyond.

(e)

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

(2)

Regulation of walls, hedges or transformers. No wall, hedge or transformer shall be located in the front yard.

(3)

Explosive substances. The sale, storage or handling of explosive substances is prohibited.

§ 208-7 C District - Industrial Zone.

[Amended 7-2-1992]

(1)

Manufacturing by the assembly of component parts only.

(2)

(Reserved)[1]

[1]

Editor's Note: Former Subsection A(2), Construction company offices and yards, was repealed 7-12-2007 by Ord. No. 2007-08.

(3)

Machine shops.

(4)

Warehouses and miniwarehouses.

(5)

Private security vaults.

(6)

(Reserved)[2]

[2]

Editor’s Note: Former Subsection A(6), regarding wholesale or retail sales, as amended, was repealed 4-12-2012 by Ord. No. 2012-05.

(7)

Car wash establishments.

(8)

Open storage of goods and materials normally used in connection with one of the aforestated permitted uses as an accessory thereto but nevertheless to a height not to exceed eight feet and effectively screened from view of streets and abutting properties by a fence, wall or hedge at least eight feet in height.

(9)

Motor vehicle body repair and paint shops in full compliance with all state and municipal regulations otherwise governing the operation of the same so long as all of the work upon the vehicles being repaired and/or painted is undertaken within otherwise permitted permanent enclosed structures and, further, so long as any point of the perimeter of the subject premises is no less than 500 feet from any point in the perimeter of any premises lawfully used or zoned for residential purposes.

[Added 5-19-1994]

(10)

[Added 9-28-2000 by Ord. No. 14-00]

(11)

Digital data communication radio units no larger than two cubic feet in size excluding the electric line and any attached antenna, each of which having an antenna no longer than three feet, installed upon any existing utility pole at a point thereon no closer than 20 feet to the ground and which such radio unit shall be no closer to any other radio unit in this zoning district than 1,000 feet to any other such radio unit.

[Added 9-28-2000 by Ord. No. 14-00]

(12)

Life sciences industry as more particularly described and defined in this chapter, with the exception that any medical and biological research involving live viruses and animals is expressly prohibited.

[Added 9-14-2006 by Ord. No. 2006-17]

(13)

Professional, business and governmental offices.

[Added 9-14-2006 by Ord. No. 2006-18]

(14)

Banks, savings and loans, mortgage offices, brokerage house or other investment-related offices.

[Added 9-14-2006 by Ord. No. 2006-18]

(15)

Retail and wholesale sale of goods and services, except as prohibited herein.

[Added 9-14-2006 by Ord. No. 2006-18; amended 4-12-2012 by Ord. No. 2012-05]

(16)

Offices for commercial, financial or executive purposes.

[Added 9-14-2006 by Ord. No. 2006-18]

(17)

Baking and preparation of food not to be consumed on premises.

[Added 9-14-2006 by Ord. No. 2006-18]

(18)

Laboratories and related offices engaged in research or product testing.

[Added 9-14-2006 by Ord. No. 2006-18]

(19)

Printing and publishing.

[Added 9-14-2006 by Ord. No. 2006-18]

(20)

Indoor active play and sport facilities including but not limited to paintball, laser tag, obstacle courses, batting cages, sport training facilities, games, and amusements.

[Added 8-11-2016 by Ord. No. 2016-04]

Area and yard requirements.

[Amended 12-19-1996 by Ord. No. 96-14; 4-12-2012 by Ord. No. 2012-05]

(1)

Area and yard requirements shall be as follows:

Area, minimum		20,000 square feet
Lot:
	Coverage, maximum	50%
	Width, minimum	100 feet
	Depth, minimum	100 feet
Yards:
	Front yard setback, minimum	35 feet
	One side yard, minimum	20 feet
	Both side yards, minimum	40 feet
	Rear yard, minimum	35 feet
	Landscaped area, minimum	7.5%
Structure height, maximum :
	Stories	2
	Feet	40

(2)

Any indoor active entertainment facility as permitted by § 208-7A(20) shall provide one parking space for each 500 square feet of play facility. Any office space parking requirements shall be one parking space for each 200 square feet of office.

[Added 8-11-2016 by Ord. No. 2016-04]

Conditional uses. Conditionally permitted uses shall be as follows:

[Amended 7-2-1992; 5-8-1997 by Ord. No. 97-5]

(1)

Office buildings, subject to the area and bulk requirements of the B District.

(2)

Supermarkets, subject to the following requirements:

(a)

Conditional regulations:

[1]

Minimum lot area: 200,000 square feet.

[2]

Minimum Saddle River Avenue frontage: 200 feet.

(b)

Bulk requirements:

[1]

Minimum lot width: 250 feet.

[2]

Minimum lot depth: 300 feet.

[3]

Minimum front yard: 50 feet.

[4]

Minimum side yard: 20 feet.

[5]

Minimum rear yard: 30 feet.

[6]

Maximum building coverage: 30%.

[7]

Maximum impervious coverage: 70%.

[8]

Maximum building height: one story; 25 feet.

[9]

Minimum parking spaces: 1 per 200 square feet.

[10]

Parking dimensions: 10 feet by 20 feet.

[11]

Parking setbacks:

[a]

Front line: 35 feet.

[b]

From side and rear lot line: 10 feet.

[12]

Minimum buffer adjacent to a residence: 10 feet.

(3)

Sexually oriented adult entertainment as the same is defined in § 208-1 of this chapter conducted as either a principal use or as an accessory to any go-go lounge, cabaret or nightclub, notwithstanding the prohibitions contained in § 208-7D(12), (13) and (14); such uses shall be conditioned upon the approval of the Planning Board after a determination that such uses comply with all the applicable less restrictive requirements of this chapter otherwise applicable to the premises and shall further comply with the following conditions:

[Added 8-8-2002 by Ord. No. 19-02]

(a)

Location conditions.

[1]

Any such use may be located within the area of this Township commonly known as the “Garfield District” being specifically the area bounded to the north by the Borough of Lodi, to the south by the Borough of Wallington, to the east by the Saddle River and to the west by the Borough of Wood-Ridge.

[Amended 3-10-2005 by Ord. No. 2005-02]

[2]

No such use shall be located or operated within 1,000 feet of any of the following:

[a]

The outside boundary of any premises upon which there is located any place of worship in this or any other municipality.

[b]

The outside boundary of any premises upon which there is located any school, playground, park or recreational facility, whether any is either public or private, in this or any other municipality.

[c]

The outside boundary of any premises upon which there is located any other premises upon which there is conducted sexually oriented adult entertainment in this Township.

[d]

The outside boundary of any premises upon which there is located any residence, hotel, motel or boardinghouse in this or any other municipality.

[e]

The outside boundary of a One- and Two-Family Residential Zone or a B District-Commercial Zone as designated on the current Zoning Map of this or any other municipality.

[3]

Nothing contained herein shall be construed to be less restrictive than the terms contained in N.J.S.A. 2C:34-2 et seq.

(b)

Design conditions.

[1]

All construction and improvements shall comply with all current applicable standards of the Township of South Hackensack, including but not limited to all applicable construction, fire safety and maintenance codes.

[2]

All parking areas shall be paved, striped and appropriately marked and otherwise comply with all existing requirements for off-street parking plan and design standards. In addition, all parking spaces shall be linked in an internal circulation system with one access and one egress point to and from the site. No parking shall be allowed within the buffer area designated in this section. All of the foregoing shall be otherwise completely in accordance with at least the minimum site plan standards deemed by the Planning Board to be applicable thereto.

[3]

All off-site improvements, such as curbs, gutters, sidewalks, drive approaches and plantings shall be provided as required by the Planning Board and at least in accordance with the minimum site plan standards deemed by the Planning Board to be applicable thereto.

[4]

The interior of the structure open to the public shall be adequately lighted and constructed so that every portion thereof is readily visible to the clerk or other supervisory personnel from the counter or other regular station of such personnel.

[5]

Lobby and entrance areas shall be designed to minimize the congregation of patrons outside the structure.

[6]

Except for one sign indicating the name of the business conducted and one sign in accordance with Subsection C(3)(c)[1] hereof indicating the age limitation on patrons, no advertisements, displays or other promotional material shall not be shown or exhibited so as to be visible to the public from any point beyond the outside perimeter of the subject premises.

[7]

Conformity with all of the following:

[a]

Minimum site size. The minimum site size shall be 40,000 square feet, having a minimum width of 125 feet.

[b]

Lot coverage. Coverage of the lots by the principal building shall not exceed 25% of the total site area.

[c]

Building height. Maximum height of the building shall not exceed 1 1/2 stories or 18 feet.

[d]

Buffer area. There shall be a buffer area of 10 feet around the entire perimeter of the site. This area shall be landscaped with a double alternating row of evergreen trees at least six feet in height at time of planting and spaced no more than eight feet on center. In the event that such natural landscaping is deemed inappropriate, then fencing of such type as may be prescribed by the Planning Board to achieve the same degree of buffering shall be required.

[e]

Building setback. The principal building shall be set back at least 25 feet.

[f]

Signs. The sign identifying the subject property shall be limited to 10 square feet and shall be wall-mounted upon the principal building. The sign shall be limited to lettering indicating no more than the name and address of the business.

[i]

The sign shall be applied flat against the wall and shall not project beyond the side or top of the wall to which it is affixed, nor shall such signs project more than 6 inches from the front wall. All flashing, moving, intermittently moving and illuminated signs, reflecting signs or luminous signs are prohibited. Backlighting of the principal sign is permitted.

[ii]

Temporary signs made of paper, cardboard, canvas or other similar material, banners, pennants and flags are prohibited.

[iii]

No signs or billboards shall be placed on the roof of any buildings.

[g]

Disposal of certain waste. All trash or refuse containing obscene materials shall be shredded or cut in such a fashion so that the contents of such remains shall not be readable, legible or discernible.

[h]

Construction of theaters. Construction of all walls and partitions in buildings in which movies, films or shows of any kind are shown shall be subject to the following:

[i]

In the construction of all walls and partitions in all rooms or booths, material of not less than one hour fire-resistant time shall be used.

[ii]

All aisles in such establishment shall be no less than 50 inches in width.

[iii]

The light level in such establishments shall not be less than 10 footcandles at floor level.

[iv]

In every room of such establishments, there shall not be fewer than two lighted exits within the constant and unobstructed view of the occupants, which exits shall lead directly to the outside of such building.

(c)

Use conditions.

[1]

No person under the age of 18 shall be permitted upon the premises at any time for any purpose. A sign conspicuously posted shall give notice of this regulation.

[2]

Hours of operation shall be no earlier than 9:00 a.m. nor later than 12:00 midnight, prevailing time, except such premises licensed under Chapter 76, Alcoholic Beverages, as to which premises the hours of operation shall be the same as provided therein in respect to sales.

(4)

Package handling and distribution facilities, subject to the following requirements:

[Added 6-10-2004 and 10-14-2004 by Ord. No. 2004-11]

(a)

Bulk requirements:

[1]

Minimum lot area: 10 acres.

[2]

Minimum lot width: 200 feet.

[3]

Minimum lot depth: 200 feet.

[4]

Minimum side yard: 100 feet.

[5]

Minimum front yard: 50 feet.

[6]

Minimum rear yard: 20 feet.

[7]

Maximum building coverage: 50%.

[8]

Maximum building height: one story, 25 feet.

[9]

Minimum landscaped area: 10%.

[10]

Minimum landscaped buffer to residential zone or use: 35 feet.

[11]

Maximum height of lighting fixture in parking areas or drive aisles: 20 feet.

(b)

Parking requirements:

[1]

Minimum number of spaces:

[a]

Office area: one space per 200 square feet.

[b]

Package handling amid distribution area: one space per 1,000 square feet.

[2]

Parking dimensions:

[a]

Automobiles: nine feet by 19 feet.

[b]

Other vehicles: as determined by the Planning Board.

(c)

Buffer:

[1]

Each facility shall have a landscaped buffer to any residentially zoned properties and residential uses with a minimum dimension of 35 feet to the property line.

[2]

The buffer shall include a complete visual screen not less than 10 feet in height between parking areas or access aisles and any adjacent residential use or zone. The complete visual buffer may be provided by a fence or wall which complies with the requirements of this section. Such buffer area shall be free and clear of all structures, including accessory structures.

[3]

The buffer area shall include evergreen and deciduous trees and plants. The minimum number of each type of plant material shall be calculated by dividing the buffer area into planting modules 20 feet wide by 35 feet long. Each module shall contain at least three canopy tress (such as oak, maple, birch or ash), three understory or lower trees (such as dogwood, witch hazel, magnolia, cedar, hemlock, holly, pine or spruce) and 10 shrubs (such as rhododendron, barberry, nonflowering dogwood, forsythia or viburnum). Canopy trees shall be a minimum caliper at planting of two inches and understory or lower trees a minimum height of six feet in height. Trees and plants which cannot be located within a given module shall be planted in adjacent modules or elsewhere on the site.

[4]

Lighting. Any exterior facility lighting shall not exceed the height of any sound walls or buffers as required herein. All lighting shall be by separate plan to be reviewed and accepted by the Township's Engineers to ensure safety and also to ensure that light does not radiate beyond the boundaries of the site.

(d)

Operations:

[1]

Applicant shall demonstrate its intended manner and method of compliance with the provisions of N.J.A.C. 7:29 or, as amended or substituted, the New Jersey noise codes and shall agree to continuing compliance with such standards. All operations of any type shall be fully screened from adjacent residential use or zones with adequate noise-abatement construction to ensure compliance. If noise walls or sound barriers shall be required they shall be a minimum height of 20 feet and constructed of material which is demonstrated to be acceptable and adequate to prevent noise in excess of the standards established by N.J.A.C. 7:29 from reaching adjoining residential uses or zones. Such noise walls are to be located at least 35 feet from the property line. In the event such wall exceeds 35 feet in height, it shall be set back an additional foot for each foot of height in excess of 35 feet.

Prohibited uses. Any uses other than those uses permitted by Subsections A through C 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 a C District:

(1)

Multifamily.

(2)

The manufacture of or the manufacture of articles from plastics having a flammable or toxic base or the manufacture, processing, handling, use or storage of hazardous substances.

[Amended 7-2-1992]

(a)

For the purpose of this subsection, the following terms shall have the meanings indicated:[3]

HAZARDOUS SUBSTANCES

Materials which are highly flammable or which may react to cause fires or explosions or which, by their presence, create or augment a fire or explosion hazard or which, because of their toxicity, flammability or liability to explosion, render fire fighting abnormally dangerous or difficult and materials and formulations thereof which are chemically unstable and which may spontaneously form explosive compounds or undergo spontaneous or exothermic reactions of explosive violence or with sufficient evolution of heat to be a fire hazard. Included among such prohibited hazardous substances are:

[1]

CORROSIVE LIQUIDS- Including acids, alkaline caustic liquids and other corrosive liquids which, when in contact with living tissue, will cause severe damage of such tissue by chemical action or, in case of leakage, will materially damage or destroy other containers of other hazardous commodities by chemical action and cause the release of their contents or are liable to cause fire when in contact with organic matter or with certain chemicals.

[2]

FLAMMABLE SOLIDS- Including solid substances liable to cause fires through friction, through absorption of moisture, through spontaneous chemical changes or as a result of retained heat from manufacturing or processing. Examples are white phosphorous, metallic sodium and potassium and zirconium powder.

[3]

HIGHLY TOXIC MATERIALS- Including materials so toxic to man as to afford an unusual hazard to life and health during fire-fighting operations. Examples are parathion, TEEP (tetraethyl phosphate,) HETP (hexaethyl tetraphosphate) and similar insecticides and pesticides.

[4]

OXIDIZING MATERIALS- Including any solid, liquid or gaseous substances which yield oxygen readily to support combustion or which react readily to oxidize fuels or other combustible materials.

[5]

POISONOUS GASES- Including any noxious gases of such nature that a small amount in the air is dangerous to life. Examples are chlorine, cyanogen, fluorine, hydrogen cyanide, nitric oxide, nitrogen tetraozide and phosgene.

[6]

RADIOACTIVE MATERIALS- Including any material or combination of materials that spontaneously emit ionizing radiation.

[7]

UNSTABLE (REACTIVE) CHEMICALS- Including any substances, which will vigorously and energetically react, are potentially explosive, will polymerize, decompose instantaneously, undergo uncontrollable autoreaction or can be exploded by heat, shock, pressure or combinations thereof. Examples are organic peroxides, notromethane and ammonium nitrate.

[3]

Editor's Note: For other definitions, see §§ 208-1A, 208-38 and 208-46.

(b)

Specifically excluded from the definitions of hazardous substances for purposes of this section are vehicle fuel, heating oil and heating gas when stored on premises for consumption of the user of the premises and fuel stored or dispensed in the regular course of business at filling stations.

(3)

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

(4)

The boiling or treatment of junk, iron, rags, bottles or scrap paper, or storage in connection therewith, stamping machinery, rendering and tanning.

(5)

(Reserved)[4]

[4]

Editor's Note: Former Subsection D(5), Entertainment or amusement establishments, was repealed 8-11-2016 by Ord. No. 2016-04.

(6)

Building material storage yard, including materials such as sand, plaster, brick, cement, lumber, roofing materials, boilers, tanks, radiators, pipes and fittings.

(7)

Dog pounds or kennels.

(8)

Outdoor theaters.

(9)

Open storage of materials

(10)

Manufacture of soaps and processing or roasting of coffee.

(11)

Automotive uses, including new and used car or truck sales and driving schools.

(12)

Go-go lounge which is an establishment or premises wherein a scantily-clad person or persons are permitted to dance or otherwise move and perform in a suggestive manner.

[Added 9-17-1991]

(13)

[Added 7-11-2002 by Ord. No. 15-02]

(14)

Any sexually oriented adult entertainment as the same is defined in § 208-1 of this chapter as a principal use or as an accessory to any permitted use that is open to the public.

[Added 7-11-2002 by Ord. No. 15-02]

(15)

Massage parlors.

[Added 9-14-2006 by Ord. No. 2006-18]

(16)

Used or new car dealerships.

[Added 9-14-2006 by Ord. No. 2006-18]

(17)

Gasoline service stations.

[Added 9-14-2006 by Ord. No. 2006-18]

(18)

Poolrooms, billiard rooms or parlors.

[Added 9-14-2006 by Ord. No. 2006-18]

(19)

Tattoo and piercing shops.

[Added 4-12-2012 by Ord. No. 2012-05]

(20)

Vehicles for hire such as limousine services and taxis, including offices serving such business.[5]

[Added 4-12-2012 by Ord. No. 2012-05]

[5]

Editor's Note: Former Subsection D(20), which prohibited cannabis businesses except for the delivery of cannabis items and related supplies by a delivery service, adopted 8-5-2021 by Ord. No. 2021-08, which immediately followed this subsection, was repealed pursuant to Ord. No. 2021-13, adopted 12-27-2021.

Permitted accessory uses shall be as follows:

(1)

Offices as an accessory use, occupying not more than 20% of the total gross floor area of a permitted use.

(2)

Cafeteria as an accessory use to a permitted use in the Industrial District, located on the same lot as the principal use, provided that its purpose is to serve food and drink to the employees of the principal use to which it is accessory.

(3)

Garages to house delivery trucks or other commercial vehicles only when accessory to a permitted industrial use, warehousing, wholesaling or laboratory use.

Off-street parking requirements.

(1)

Front yard parking in the C District shall be prohibited where the front lot line is adjacent to a public right-of-way.

[Amended 6-10-2004 and 10-14-2004 by Ord. No. 2004-11; 4-12-2012 by Ord. No. 2012-05]

(2)

Offices shall have one space for each 200 square feet of office space or part thereof except as incidental to industrial, warehousing or wholesale use which shall require 2.5 spaces per 1,000 square feet of said ancillary office space.

[Amended 8-14-2014 by Ord. No. 20014-05]

(3)

Industrial, warehousing and wholesaling uses shall have one space for each 1,500 square feet.

[Amended 12-19-1996 by Ord. No. 96-14; 9-14-2006 by Ord. No. 2006-17; 8-14-2014 by Ord. No. 20014-05]

(4)

Laboratory uses shall have one space for every 500 square feet.

[Added 9-14-2006 by Ord. No. 2006-17]

(5)

(Reserved)

(6)

Home occupations and professional offices shall provide one space for each nonresident employee, plus the number required for the dwelling unit (on site).

[Added 4-12-2012 by Ord. No. 2012-05]

(7)

Business-retail-wholesale.

[Added 4-12-2012 by Ord. No. 2012-05]

Type	Number of Parking Spaces
Retail store or personal service establishment except as more specifically referenced herein	1 per 200 square feet of gross floor area less bulk storage area
Coin-operated dry-cleaning establishment	1 per 2 machines plus 1 per full-time employee
Coin-operated laundromat	1 per 2 machines plus 1 per full-time employee

(8)

Administrative office: one per 400 square feet of gross floor area.

[Added 4-12-2012 by Ord. No. 2012-05]

(9)

Business-office.

[Added 4-12-2012 by Ord. No. 2012-05]

Type	Number of Parking Spaces
General office use without counter or other similar facility designed to service customers	1 per 400 square feet of gross floor area
General office use with counter or similar facility designed to service customers	1 per 250 square feet of gross floor area
Office or clinic of physician or dentist	1 per 100 square feet of gross floor area
Financial institution	1 per 300 square feet of gross floor area
Veterinary office or animal clinic	1 per 250 square feet of gross floor area

(10)

Light industrial.

[Added 4-12-2012 by Ord. No. 2012-05]

	Type	Number of Parking Spaces
	Research activities	1 per 750 square feet of gross floor area
	Manufacturing activities	1 per 800 square feet of gross floor area
	Assembly activities	1 per 800 square feet of gross floor area
	Receiving and shipping	1 per 5,000 square feet of gross floor area

(11)

For uses not listed above, required parking spaces shall be according to the category which most clearly approximates each particular use, as determined by the reviewing land use board.

[Added 9-14-2006 by Ord. No. 2006-17; amended 4-12-2012 by Ord. No. 2012-05]

Off-street loading requirements. In the C District, every permitted use and structure, other than office buildings, shall provide at the side or rear of the structure a minimum of one off-street loading space 15 feet by 50 feet, subject to Planning Board approval. There shall no loading or unloading from the street in a C District.

Screening and parking of loading areas.

(1)

Buffer strips.

(a)

Where an industrial zone abuts a residential and/or park zone, there shall be provided along any rear and/or side line coincidental with an industrial-residential zone boundary a buffer strip not less than 10 feet in width measured at right angles to said lot line. Evergreen plant materials at least six 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 required. 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.

(b)

The ten-foot buffer strip shall not be devoted to the parking of vehicles or storage of any material or accessory uses.

(c)

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.

Sight rights. Visibility at intersections will be the same a provided in § 208-4E(1).

Miscellaneous requirements.

(1)

Accessory buildings. Accessory buildings shall not be located in any required side yards or setbacks.

(2)

Access and egress. Access to or egress from any nonresidential use in the C District to any residential zone shall be prohibited.

(3)

Floodlighting of industrial buildings. Floodlighting of industrial building front, side and rear yards is permitted, provided that all such lights shall be shielded and beams so directed so as not to cause glare on adjoining buildings or properties. No floodlight, spotlight or other light shall be erected in such a manner that its beam shall be directed, in whole or in part, toward a street, road or highway or toward adjoining property or in any way or manner that will cause a traffic hazard due to its glare.

(4)

Enclosure required. All permitted usages and all storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides.

(5)

Performance standards.

(1)

No use shall be established, maintained, conducted or permitted in any C District so that the same will cause any of the following:

(a)

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

(b)

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

(c)

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

(d)

Odors noticeable at the lot line and beyond.

(e)

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

(2)

Regulation of fences and transformers. No fence, wall, hedge or transformer shall be located in the front yard.

(3)

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

§ 208-8 M District - Mixed Use Zone.

(1)

Hotels.

(2)

Professional business and governmental offices, banks, savings and loans, mortgage offices, brokerage houses or other investment-related offices and post offices.

[Amended 9-14-2006 by Ord. No. 2006-18]

(3)

Eating and drinking places, including fast-food restaurants.

(4)

[Added 9-28-2000 by Ord. No. 14-00]

(5)

[Added 9-28-2000 by Ord. No. 14-00]

(6)

Retail sale of goods and services, except as prohibited herein.

[Added 9-14-2006 by Ord. No. 2006-18]

(7)

Offices for commercial, financial or executive purposes.

[Added 9-14-2006 by Ord. No. 2006-18]

(8)

Barber shops, beauty parlors and similar service establishments.

[Added 9-14-2006 by Ord. No. 2006-18]

(9)

Stores, shops, department stores and similar uses for retail merchandising.

[Added 9-14-2006 by Ord. No. 2006-18]

(10)

Printing and publishing.

[Added 9-14-2006 by Ord. No. 2006-18]

(11)

Houses of worship.

[Added 8-6-2015 by Ord. No. 8-6-2015]

(12)

Convenience store with motor fuel dispensing.

[Added 5-25-2022 by Ord. No. 2022-03]

Area and yard requirements.

(1)

Hotels. Area and yard requirements for hotels shall be as follows:

Area, minimum		80,000 square feet
Lot:
	Coverage, maximum	34%
	Width, minimum	150 feet
	Depth, minimum	200 feet
Yards:
	Front yard setback minimum	50 feet
	One side yard, minimum	35 feet
	Both side yards, minimum	70 feet
	Rear yard, minimum	35 feet
	Off-street parking spaces	1 space per 2 employees, 1 space for each room and 1 space per 4 seats in restaurant
Landscaped area, minimum		20%
Structure height, maximum:
	Stories	4
	Feet	60

(2)

Professional, business and governmental offices, banks, savings and loans, mortgage offices, brokerage houses or other investment-related offices and post offices. Area and yard requirements for professional, business and governmental offices, banks, savings and loans and post offices shall be as follows:

[Amended 4-12-2012 by Ord. No. 2012-05]

Area, minimum		20,000 square feet
Lot:
	Maximum coverage	35%
	Width, minimum	100 feet
	Depth, minimum	125 feet
Yards:
	Front yard setback, minimum	45 feet
	One side yard, minimum	20 feet
	Both side yards, minimum	40 feet
	Rear yard, minimum	35 feet
	Off-street parking spaces	1 space for each 200 square feet
Landscaped area, minimum		20%
Structure height, maximum:
	Stories	3
	Feet	50

(2.1)

Convenience stores with motor fuel dispensing. Area and yard requirements for convenience stores with motor fuel dispensing shall be as follows:

[Added 5-25-2022 by Ord. No. 2022-03]

Area, minimum	20, 000 square feet
Lot:
Coverage, maximum	75%
Width, minimum	100 feet
Depth, minimum	125 feet
Yards:
For principal structures
Front yard setback, minimum	30 feet
One side yard, minimum	20 feet
Both side yards, minimum	40 feet
Rear yard, minimum	30 feet
Accessory structure location	Accessory structures such as fuel canopies and trash enclosures may be located in the front, side or rear yard, and provided that the subject yard does not abut a residential dwelling, the accessory structures shall be set back a minimum of 5 feet from any property line. In the event that the subject yard abuts a residential dwelling, accessory structures shall be subject to the same setback requirements as principal structures.
Off-street parking spaces	1 per 200 square feet of gross floor area plus 1 space for each employee on the most heavily staffed shift
Landscaped area, minimum	20%
Principal structure height, maximum:
Stories	1
Feet	35, exclusive of towers, cupolas or other architectural features
Fuel canopy height, maximum	35 feet

(3)

All other permitted uses.

[Added 4-12-2012 by Ord. No. 2012-05; amended 12-8-2016 by Ord. No. 2016-08]

Area, minimum		20,000 square feet.
Lot:
	Maximum coverage	35%
	Width, minimum	100 feet
	Depth, minimum	125 feet
Yards:
	Front yard setback, minimum	45 feet
	One side yard, minimum	20 feet
	Both side yards, minimum	40 feet
	Rear yard, minimum	35 feet
Off-street parking spaces:
	Eating and drinking places	1 per 4 seats plus 10% of that required for employees
	Fast-food restaurants	1 per 2 seats plus 10% of that required for employees
	Barbershops, beauty parlors and similar service establishments	1 per 2 chairs or individual service areas
	Retail sales of goods and services	1 per 200 square feet of gross floor area less bulk storage area; 1 per 700 square feet of bulk storage area
	Houses of worship	One space for every 3 seats in the sanctuary. Houses of worship shall also be permitted to rely upon unutilized parking spaces from directly adjacent and abutting properties subject to a formal written and recorded parking agreement and access easement in perpetuity with said property owner(s). Said agreement shall bind all parties thereto, shall be subject to the review of the Township’s police, fire and safety officials. Any parking spaces utilized under the terms of this section shall be used by only one property owner at any given time to avoid duplication, parking shortage and inconsistency with this zoning code. The terms of any such days and times of usage shall be specified in the aforementioned parking agreement which shall become part of any approval of the use of said properties and shall be identified by signage upon the affected property.
Landscape area, minimum		20%
Structure height, maximum:
	Stories	3
	Feet	50

Prohibited uses. Any uses other than those permitted in the M Mixed Use District shall be prohibited. In addition, the following is prohibited:

(1)

Go-go lounge, which is an establishment or premises wherein a scantily-clad person or persons are permitted to dance or otherwise move and perform in a suggestive manner.

[Added 9-17-1991]

(2)

[Added 7-11-2002 by Ord. No. 15-02]

(3)

Any sexually oriented adult entertainment as the same is defined in § 208-1 of this chapter as a principal use or as an accessory to any permitted use that is open to the public.

[Added 7-11-2002 by Ord. No. 15-02]

(4)

Massage parlors.

[Added 9-14-2006 by Ord. No. 2006-18]

(5)

Used or new car dealerships.

[Added 9-14-2006 by Ord. No. 2006-18]

(6)

Entertainment or amusement establishments.

[Added 9-14-2006 by Ord. No. 2006-18]

(7)

Gasoline service stations, other than convenience stores with motor fuel dispensing as defined in § 208-1A.

[Added 9-14-2006 by Ord. No. 2006-18; amended 5-25-2022 by Ord. No. 2022-03]

(8)

Pool rooms, billiard rooms or parlors.

[Added 9-14-2006 by Ord. No. 2006-18]

(9)

Tattoo and piercing shops.

[Added 4-12-2012 by Ord. No. 2012-05]

(10)

Vehicles for hire such as limousine services and taxis, including offices serving such business.[1]

[Added 4-12-2012 by Ord. No. 2012-05]

[1]

Editor's Note: Former Subsection D(11), which prohibited cannabis businesses except for the delivery of cannabis items and related supplies by a delivery service, adopted 8-5-2021 by Ord. No. 2021-08, which immediately followed this subsection, was repealed pursuant to Ord. No. 2021-13, adopted 12-27-2021.

Permitted accessory uses shall be as follows:

(1)

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

(2)

Accessory recreational uses customarily incidental to the permitted uses, such as shuffle board, boccie ball courts and swimming pools.

(3)

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

Required buffer. A fifteen-foot planted buffer strip creating an effective visual screen, consisting of two rows of staggered evergreen trees, a minimum of six feet high, planted 7 1/2 feet on center, shall be required whenever a hotel use abuts any other use, said buffer strip shall not be used for roadway or parking purposes.[2]

[2]

Editor's Note: Original Article IV, Area, Yard, Height and Building Requirements, which immediately followed this article, was repealed 5-4-1989.

Miscellaneous requirements.

[Added 4-12-2012 by Ord. No. 2012-05]

(1)

Accessory buildings. Accessory buildings shall not be located in any required side yards or setbacks.

(2)

Access and egress. Access to or egress from any nonresidential use in the M District to any residential zone shall be prohibited.

(3)

(4)

Enclosure required. All permitted usages and all storage accessory thereto, other than off-street parking, shall be carried on in buildings fully enclosed on all sides.

(5)

Performance standards.

[Added 4-12-2012 by Ord. No. 2012-05]

(1)

No use shall be established, maintained, conducted or permitted in any M District so that the same will cause any of the following:

(a)

(b)

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

(c)

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

(d)

Odors noticeable at the lot line and beyond.

(e)

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

(2)

Regulation of walls, hedges and transformers. No wall, hedge or transformer shall be located in the front yard.

(3)

Explosive substances. The sale, storage or handling of explosive substances is prohibited.

§ 208-8.1 SCR District - Senior Citizen Multifamily Residential Zone

[Added 10-9-2003 by Ord. No. 2003-19]

Zone designated. There is hereby designated as such zone Lots 9, 10 and 10.01 in Block 2.01 and the Zoning Map of the Township of South Hackensack is hereby amended to reflect such designation.

Permitted uses. Multifamily-dwelling structures designed for occupancy by low- and moderate-income senior citizens and operated in a manner to insure such occupancy as set forth in Article X of this chapter and necessary usual accessories and appurtenances directly related to such purpose.

Area and yard requirements.

Lot:
		Area, minimum	27,500 square feet
		Width and frontage, minimum	150 feet
		Depth, minimum	150 feet
Coverage:
		Impervious surfaces, maximum	70%
		Buildings, maximum	30%
		Landscaped area, minimum	30%
Yards:
		Front setback, minimum	25 feet
		Side, minimum	10 feet on one side, 25 ft on other 10 feet
		Rear, minimum	10 ft.
Structures:
	Principal:
		Number, maximum	1 per acre
		Height, maximum	35 feet
		Stories, maximum	3
	Permitted accessory:
		Number, maximum	2
		Height, maximum	14 feet
		Stories, maximum	1
	Dwelling unit size:
		Minimum	450 square feet
		Maximum	800 square feet

Vehicular parking facilities requirements:

	Number per dwelling unit, minimum	1
	Stall size, minimum	9 feet x 18 feet
	Location and buffer	Such location and with at least such buffering as the reviewing Land Use Board may reasonably require to produce the least reasonably possible detriment to all adjacent residential premises

Additional design standards. Any reasonable requirement that the reviewing Land Use Board may apply without imposing undue expense or hardship upon the developer to reduce any detriment to, and best adapt the improvements to, any adjacent residential premises but nevertheless without materially changing the conceptual plan approved by the Township Committee, if such approval is granted.

Prohibited uses. Any uses other than that specified in Subsection B of this section.[1]

[1]

Editor's Note: Former Subsection F(1), which prohibited cannabis businesses except for the delivery of cannabis items and related supplies by a delivery service, adopted 8-5-2021 by Ord. No. 2021-08, was repealed pursuant to Ord. No. 2021-13, adopted 12-27-2021.

§ 208-8.2 AHOD - Affordable Housing Overlay District.

[Added 1-6-2005 by Ord. No. 2004-25]

Purpose. The purpose of this overlay zone is to create a realistic opportunity for the construction of low- and moderate-income housing as land becomes available for development in the Township of South Hackensack and thereby address the “unmet need” portion of the fair share housing obligation of the Township of South Hackensack under the New Jersey Fair Housing Act, COAH regulations and the Mount Laurel doctrine.

Geographic scope. All those portions of land located within the "Garfield Park" section, excluding the exempted cemetery, and those certain properties known and designated on the Tax Assessment as Lots 4.01, 4.02, 6.03, 6.04, 8.02 and 8.04 within Block 2.01 to be hereafter known as the "Route 46 District" shall hereafter be designated as the South Hackensack Affordable Housing Overlay District.

[Amended 7-11-2019 by Ord. No. 2019-04]

Low- and moderate-income housing requirements. Neither the Planning Board, Zoning Board of Adjustment or Township Committee on appeal of decisions of either board or in the adoption of a redevelopment plan or zone shall approve any application for residential development or mixed-use development which contains five or more residential dwelling units unless there is a set-aside of at least 15% of said units for affordable housing units for every such unit constructed in the Garfield Park overlay district. The residential development within the Garfield Park overlay zone which received development approvals prior to the adoption of this chapter and commonly known as the Condemi Site and Block 102 Lot 40 on the Township Tax Assessment Map shall be subject to a 10% set-aside and shall be allowed a permitted density of 40 units per acre. Any residential development in the Route 46 Overlay Zone subject to this chapter shall be subject to a 10% set-aside of all proposed residential dwelling units and a density of 30 units per acre.

[Amended 7-11-2019 by Ord. No. 2019-04]