A.
General.
(1)
No land or premises may be used and no building or
structure may be erected, raised, moved, extended, enlarged, altered
or used for any purpose other than a purpose permitted by this chapter
for the zone district in which the land, premises, building or structure
is located. All uses and construction shall be in conformity with
the regulations provided for the zone district in which such land,
premises, building or structure is located and any other applicable
regulations of this article.
(2)
No lot, yard, parking area or other open space shall
be so reduced in area or dimension as to make it less than the minimum
required under this chapter. No lot, yard, parking area or other open
space which is already less than the minimum required under this chapter
shall be further reduced in area or dimension.
(3)
The control and regulation of the uses of buildings
and structures by this chapter shall apply equally to the nature and
extent of the uses of the lot or lots upon which they are erected.
(4)
In the case of a lot that is split by a zone district
boundary line, and the zone districts on the lot have different requirements,
application of the requirements shall be as follows, unless the provisions
of this chapter specifically indicate otherwise:
[Added 7-16-2003 by Ord. No. 2830]
(a)
The use shall comply with the required use standards
for the zone district within which the use is located.
(b)
The lot shall be required to comply with the
most restrictive of the minimum lot area, minimum lot width, minimum
average lot width, minimum lot frontage, minimum lot depth, minimum
buildable area and minimum usable area standards of the various zone
districts on the lot.
(c)
The yard setbacks shall be required to comply
with the required dimensions for such setbacks of the zone district
within which the yard is located; thus, each portion of a building
that is split by a zone boundary would be subject to the setback standards
of the zone within which that portion of the building is located.
In the event that it is not possible to measure the yard depth without
crossing a zone district boundary, the most restrictive setback standard
of the various zones shall apply, but only to those locations where
the measurement would cross the zone boundary.
(d)
The height of structures shall comply with the
height requirements for the zone district within which such structures
are located. In the case of a structure that is split by a zone district
boundary, the most restrictive height standard shall apply.
(e)
The number of parking spaces required based
upon floor area shall comply with the standard applicable to the zone
within which the building is located. In the case of a building that
is split by a zone boundary, the parking standard in each zone shall
apply to that portion of the building floor area located in such zone.
(f)
The coverage by above-grade structures, the
coverage by improvements, floor area ratio and density shall be required
to comply with the standard for the zone in which the structures and
improvements are located, calculated using the entire lot area. In
the case of a building or buildings or improvements located partially
in more than one zone district, a pro rata standard shall apply to
the entire lot, using the following formula:
[1]
Calculate that percentage of the total coverage,
floor area or number of dwelling units on the lot, as applicable,
proposed in each zone.
[2]
Multiply the percentages resulting from the calculation in Subsection A(4)(f)[1] above for each zone times the applicable standard for coverage, floor area ratio or density, of the same zone.
[3]
Add the results from the calculations in Subsection A(4)(f)[2] above to determine the applicable standard.
|
As an example, consider a development located
on a lot split by a zone boundary: Zone A permits 25% improvement
coverage and Zone B permits 20% coverage. The development proposes
3,000 square feet of coverage in Zone A and 2,000 square feet of coverage
in Zone B, for a total of 5,000 square feet of coverage. The permitted
coverage for the above-grade structures would be 23% of the lot area,
calculated as follows:
| |
|
3,000 square feet coverage proposed in Zone
A ÷ 5,000 square feet total proposed coverage = 60% of total
coverage proposed in Zone A
| |
|
2,000 square feet coverage proposed in Zone
B ÷ 5,000 square feet total proposed coverage = 40% of total
coverage proposed in Zone B
| |
|
60% of total coverage proposed in Zone A x 25%
coverage permitted in Zone A = 15%
| |
|
40% of total coverage proposed in Zone B x 20%
coverage permitted in Zone B = 8%
| |
|
15% + 8% equals 23% coverage permitted in lot
split by zone boundary
|
(5)
Applicability to governmental flags. The display of the official
flags of the United States, New Jersey or its political subdivisions,
and any poles upon which such flags are hung, shall not be considered
signs, and such flags shall be exempt from the sign regulations and
historic preservation regulations of this article.
[Added 12-11-2013 by Ord. No. 3400]
B.
Permits. No zoning permit, building permit, certificate
of occupancy, sign permit or historic preservation permit shall be
issued until all the requirements of this chapter, any other applicable
Village or state regulations and ordinances, Planning Board or Board
of Adjustment decisions, necessary resolutions of the Village Council
and the site plan, as approved by the Planning Board, have been and
are fully complied with.
C.
Subdivisions. Whenever a new lot is formed from a
part of any other lot or lots, the assembly or separation shall be
effected in such a manner as not to impair any of the requirements
of this article. No subdivision shall be permitted which results in
a change in a front, side or rear yard that fails to comply in every
respect with the required provisions of the zone in which it falls.
D.
Site plans. All site plans submitted to the Planning
Board or the Zoning Board of Adjustment shall be required to conform
to the provisions of this article.
[Amended 1-15-2003 by Ord. No. 2814; 3-12-2003 by Ord. No.
2818; 4-9-2008 by Ord. No. 3109]
The use or occupancy of land or buildings shall
require the issuance of building, zoning or other permits and/or certificates
of occupancy in accordance with the following provisions:
A.
Building permits. Building permits shall be required
and shall be administered in accordance with the requirements of the
New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq., adopted
pursuant to the State Uniform Construction Code Act, N.J.S.A. 52:27D-119
et seq. In addition, the following shall apply:
(1)
No building permit shall be issued unless and until
the plans and intended uses therefor indicate that such building or
structure is designed to conform in all respects to the provisions
of this chapter and all other applicable ordinances of the Village
or it is demonstrated that such building or structure is legally nonconforming
or is the subject of a valid and current variance.
(2)
Prior to the issuance of a building permit for any development involving an increase of at least 200 square feet of impervious surface area, the applicant shall be required to submit to and obtain approval of a site grading and stormwater control plan by the Village Engineering Department, Planning Board or Board of Adjustment, as applicable, in accordance with §§ 190-83 and 190-120A.
(3)
No building permit shall be issued for any building or structure or part thereof located in a flood hazard area unless and until the provisions of Chapter 154 and § 190-120 are complied with or it is demonstrated that such building or structure is legally nonconforming or is the subject of a valid and current variance.
(4)
No building permit shall be issued for any development which requires site plan or subdivision approval, or for any improvement that may be determined to be exempt from formal site plan approval procedures in accordance with § 190-37C, unless and until the requirements of Article VII of this chapter have been met. No building permit may be issued for developments that are determined exempt from formal site plan approval procedures unless and until the Village Engineer and/or the Village Planner certifies that the development complies with the design standards in Article IX of this chapter.
[Amended 8-13-2014 by Ord. No. 3426]
(5)
Issuance of a building permit shall include all required
zoning permits and shall negate the necessity for a separate zoning
permit for the same building and/or other structure and shall supersede
and revoke any zoning permit previously issued for such building and/or
other structure.
B.
Zoning permits. If no building permit and certificate
of occupancy shall have previously been issued, or if none is required,
no land shall be developed, occupied or used, in whole or in part,
for any purpose whatsoever unless and until a zoning permit therefor
shall have been issued by the Zoning Officer, unless exempted by this
chapter or other law. The following shall apply:
(1)
A zoning permit shall be required for the use of any
premises which does not have upon it a building. Whenever there shall
be a change contemplated in the use of any premises which does not
have a building upon it, a new zoning permit therefor shall be required.
(2)
Any change in use of a building or site shall be treated
as a new use, and a new zoning permit shall be required therefor.
Before any zoning permit shall be issued for any such change in use,
all provisions of this article shall be complied with in the same
manner as if the new use were an initial use of land.
(3)
A zoning permit shall be required for the following
improvements:
(a)
A zoning permit shall be required for any exterior improvement involving a residential use, if such improvement is regulated by the zoning regulations, Articles X, XII and XIII of this chapter. Examples of improvements for which a zoning permit shall be required include, but are not limited to, fences and freestanding walls, driveways, walkways, patios, play equipment, certain sheds and other roofed structures not requiring a building permit. Retaining walls shall require a retaining wall permit as set forth in § 190-97J. Soil movement may require a soil permit as set forth in Chapter 246, Soil Removal.
(b)
A zoning permit shall be required for any exterior
improvement involving a nonresidential use, unless a building permit,
certificate of occupancy, sign permit or historic preservation permit
is required for the improvement, in which case issuance of said permits
shall negate the necessity for issuance of a zoning permit for the
improvement. Notwithstanding the above, signs which are exempt from
the requirement to obtain a sign permit shall also be exempt from
the requirement to obtain a zoning permit. Also exempt from the requirement
to obtain a zoning permit shall be minor repairs to existing improvements
or replacement of conforming improvements with identical conforming
improvements. Improvements for which the issuance of a zoning permit
is required shall include, but not necessarily be limited to, the
following:
[1]
Installation or modification of paving, curbing
or drainage improvements;
[2]
Modification of the exterior improvements of
a building, including, but not limited to, roofing, siding, doors
and windows, decorative trim and molding, drain gutters and leaders,
and change of paint color;
[3]
Installation or modification of landscaping
improvements, and removal of existing vegetation;
[4]
Installation or modification of exterior improvements
related to lighting, heating, ventilating, cooling, security or access;
and
[5]
Modification of the existing grade, including
any excavation, filling, berming or other regrading.
(4)
A zoning permit shall specify the use of the land
or buildings and the nature of improvements and any terms or conditions
imposed thereunder.
(5)
When site plan, subdivision and/or conditional use approval is required, no zoning permit shall be issued until final site plan and/or final subdivision approval has been obtained and until all conditions precedent to said approval have been satisfied. In the case of improvements that are exempt from formal site plan approval procedures, no zoning permit may be issued unless and until the Village Engineer or the Village Planner certifies that the development complies with the design standards in Article IX of this chapter.
[Amended 8-13-2014 by Ord. No. 3426]
(6)
An application for a zoning permit shall include a completed application form obtained from the Zoning Officer, the application fee specified in Chapter 145 and all plans and other information necessary to determine compliance with the applicable zoning regulations. Such plan information may, at the discretion of the Zoning Officer, be required to include a current survey. The Zoning Officer shall issue or deny a zoning permit within 10 business days of the receipt of an application therefor.
(7)
Once issued, a zoning permit shall be valid for up
to one year from the date of issuance; if the authorized work is not
commenced within such period, or if the work is suspended or abandoned
for a period of six months after commencement, the permit shall become
invalid.
(8)
Sign permits, historic preservation permits and retaining wall permits shall be considered to be zoning permits for the affected activity and shall be subject to the provisions of this Subsection B, unless specifically exempted by the provisions for such permits. The issuance of such permits shall negate the necessity for a separate zoning permit for the improvements authorized by such permits. If such permits do not authorize all of the improvements that are the subject of the development, no zoning permit shall be issued for the balance of the improvements unless and until any and all such other permits have first been issued.
C.
Sign permits. It shall be unlawful for any person
to erect or relocate any sign within the Village without first obtaining
a sign erection permit from the Construction Official pursuant to
the following:
(1)
The Construction Official shall issue permits only
for such signs as are specifically allowed for the particular premises
and zone district in which the premises are located.
(2)
Signs exempted by § 190-122A shall not require applications or the payment of any license fees or charges, but this shall not be construed to enlarge the scope of permitted and exempt signs nor to diminish the power of the Construction Official to enforce this article.
(3)
Application for a sign erection permit shall be made upon a form
provided by the Construction Official and shall contain or have attached
the following information:
[Amended 12-14-2016 by Ord. No. 3562]
(a)
The name, address and telephone number of the applicant, the
business to which the sign is accessory and the party responsible
for maintaining the sign in compliance with this chapter and in compliance
with any permit conditions.
(b)
The location of the premises on which or to which the sign is
proposed to be erected or attached.
(c)
A plan or other diagram, with dimensions, depicting the position
of the sign, indicating its location in relation to buildings, streets
and sidewalks, and other improvements on its premises and on adjoining
premises, including any improvements within the street right-of-way.
(d)
Blueprints or ink drawings of the plans and specifications of
the signs and method of erection and attachment to the premises, or
a photograph of the actual sign in lieu thereof, and such information
as the Construction Official may reasonably require to indicate the
work to be performed and to show full compliance with this chapter
and all other applicable laws and ordinances of the Village.
(e)
The name, address, and telephone number of the person performing
the work.
(f)
The written consent of the owner and lessor of the premises.
(g)
The electrical permit, if any, required by the Uniform Construction
Code.
(h)
In the case of temporary portable signs permitted in the Central Business District by § 190-122H(9), a valid current certificate of insurance naming the Village of Ridgewood as additional insured for comprehensive general liability (occurrence form) with a combined single limit for bodily injury, personal injury and property damage of $1,000,000 per occurrence and aggregate, meeting the Village's requirements. Such certificate of insurance shall cover the entire calendar year for which the permit is valid.
(4)
Each application for each sign shall be accompanied by a filing fee as set forth in Chapter 145, Fees, with the exception of real estate for sale signs, the application for which shall be accompanied by a separate fee as set forth in Chapter 145, Fees.
[Amended 12-14-2016 by Ord. No. 3562]
(a)
Approval of an application for a real estate for sale sign shall entitle the applicant to a permit for a period of 60 days, provided that an additional fee as set forth in Chapter 145, Fees, shall be charged for extension of permits for each 30 days or part thereof and the applicant shall be required to file an additional written application for each extension requested.
(b)
Approval of an application for a temporary portable sign permitted by § 190-122H(9) shall entitle the applicant to display such sign for the calendar year for which the permit is issued. For any succeeding calendar year, reapplication and approval of a new permit, along with a new application fee, shall be required, and such sign shall be required to comply with the regulations in effect at the time of the reapplication.
(5)
It shall be the duty of the Construction Official,
upon the filing of an application for a sign erection permit, to examine
such plans and specifications and other data and the premises upon
which it is proposed to erect the sign, and if it shall appear that
the proposed sign is in compliance with all the requirements of this
chapter and all other laws and ordinances of the Village, he shall
then issue a sign erection permit therefor.
(6)
If the work authorized under an erection permit has
not been completed within six months after date of issuance of the
sign erection permit therefor, such permit shall become null and void.
D.
Historic preservation permits. An historic preservation
permit issued by the Construction Official shall be required for any
of the activities described below within an historic district or on
an historic site as designated by this chapter. The following provisions
shall apply:
(1)
When required. A report of the Historic Preservation
Commission issued by the Historic Preservation Commission shall be
required before a preservation permit is issued for any of the following
or before work can commence on any of the following within an historic
district or on an historic site:
(a)
Demolition of all or part of any building, improvement,
site, place or structure.
(b)
Relocation of any building, improvement, site,
place or structure.
(c)
Change in the exterior appearance of any building,
improvement, site, place or structure by addition, reconstruction,
alteration, partial demolition or dismantling or repair which change
is visible from a public street. Exterior change for all primary and
accessory structures shall include but is not limited to removal,
repair or replacement of windows, doors, surfaces, facades, attachments,
stairs, steps, porches, signs, walls, fences, antennas, solar panels,
lighting, and sidewalks, including sidewalks located within the public
right-of-way, where work is being performed by a private property
owner.
(d)
Any addition to or new construction of a principal
or accessory building or structure.
(2)
Exemptions. A report of the Historic Preservation
Commission shall not be required before a preservation permit is issued
by the Construction Official for the following:
(a)
Changes to the interior of structures.
(b)
Repair or exact replacement to any existing
improvement, provided that the work does not alter the exterior appearance
of the structure. In the event, however, that repair work is being
undertaken on a building with previously installed noncontributing
or disharmonious features, the provisions of this section shall not
apply. The following are the types of activities permitted under this
exemption:
[1]
Identical replacement of existing windows and
doors.
[2]
Repairs of existing windows and doors and the
installation of storm doors and windows that do not change their design
scale or appearance.
[3]
Maintenance and repair of existing roofing materials
involving no change in the design, scale or appearance of the structure.
[4]
Structural repairs which do not alter the exterior
appearance of the structure.
[5]
Maintenance, repair or replacement of existing
clapboards, shingles or other siding with identical material.
[6]
Interior painting.
[7]
Exterior repainting with the same color paint
that exists legally.
(3)
Referral of preservation permits. All applications for issuance of
preservation permits pertaining to historic sites or property in historic
districts shall be referred to the Historic Preservation Commission
for a report of the Historic Preservation Commission on the application
of the zoning ordinance provisions concerning historic preservation
to any of those aspects of the change proposed, which aspects were
not determined by approval of an application for development by a
municipal agency. Notwithstanding the foregoing, in the case of an
application exempted from site plan approval requirements, the Chair
of the Commission, or the Vice Chair in the Chair's absence, may act
on behalf of the Commission regarding the referral of any historic
preservation permit application, as determined by the Chair or Vice
Chair, as applicable.
[Amended 8-13-2014 by Ord. No. 3426]
(a)
The Historic Preservation Commission shall submit its report
to the Construction Official within 45 days of the referral of the
application to the Historic Preservation Commission. In the case of
those matters where the Chair or Vice Chair acts on behalf of the
entire Commission, The Chair, or Vice Chair when applicable, shall
provide his/her recommendation to the Site Plan Exemption Committee.
For those permit applications submitted to the Construction Official/Zoning
Officer, the Chair shall submit his report to the Construction Official.
(b)
If, within the forty-five-day period, the Historic Preservation
Commission, its Chair or Vice Chair, as applicable, recommends to
the Construction Official against the issuance of the preservation
permit or recommends conditions to the preservation permit to be issued,
the Construction Official shall deny issuance of the preservation
permit or include the conditions in the preservation permit, as the
case may be.
(c)
Failure to report within the forty-five-day period shall be
deemed to constitute a report in favor of issuance of the preservation
permit and without the recommendation of conditions to the preservation
permit.
(4)
Procedure where demolition disapproved. In the event
that the Construction Official disapproves an application for a preservation
permit to move or demolish a historic building, place or structure,
the owner shall, nevertheless, as a matter of right, be entitled to
raze or demolish such building, place or structure, provided that
all of the following requirements shall be fully met prior to such
demolition:
(a)
After applying for the necessary preservation
permit and receiving notice of denial for the same from the Construction
Official, the owner shall appeal the denial to the Zoning Board of
Adjustment.
(b)
If the Zoning Board of Adjustment affirms the
permit denial, the owner shall comply with the notice requirements
set forth below.
[1]
Demolition notice posted; publication. Notice
of proposed demolition shall be posted on the premises of the building,
place or structure throughout the notice period in a location such
that it is clearly readable from the street. In addition, the applicant
shall publish a notice in the official newspaper of the Village as
follows:
[2]
Notice period. The period of time during which
notice must be given in the manner herein before set forth shall be
known as the "notice period." The notice period shall be as follows:
[a]
The notice period shall commence
on the 10th day following the date of the notice of denial received
from the Zoning Board of Adjustment after an appeal and such notice
period shall run for a period time of up to six months, as determined
by the Commission.
[b]
A property owner may satisfy the
notice period required for demolition of an historic site or of a
building, place or structure in an historic district by following
the procedures set forth herein prior to or concurrently with applying
for the demolition permit. The applicant must also attempt to take
any and all steps to market the property in accordance with the provisions
of this chapter. Provided that the procedures set forth herein have
been fully complied with, the property owner will be entitled to credit
for the actual time during which the notice of demolition was properly
given prior to the application to the Construction Official.
(c)
The owner shall, during the notice period and
at a price reasonably related to its fair market value, make a bona
fide offer to sell such building, place or structure and the land
pertaining thereto to any person, organization, government or agency
thereof or political subdivision which gives reasonable assurance
that it is willing to preserve the building, place or structure and
the land pertaining thereto.
(d)
The owner shall not be a party to any bona fide contract, binding upon all parties thereto, for the sale of any such building, place or structure and the land pertaining thereto executed prior to the expiration of the notice period, except a contract made in accordance with Subsection D(4)(c) above.
E.
Time limit for completion of exterior site improvements.
All exterior site improvements authorized by a building permit, demolition
permit, zoning permit, sign permit or historic preservation permit
issued pursuant to this chapter shall be substantially completed in
a timely manner. The intent of this provision is to prevent visual
blight, property damage, erosion and sedimentation, wind-blown dust
and debris, excessive weed growth, litter, vandalism, unsafe or hazardous
conditions, the depreciation of property values and other harmful
effects. For purposes of administering this provision, the following
shall apply:
(1)
"Exterior site improvements" are defined to include,
but not necessarily be limited to, exterior building siding or facing,
roofing, exterior doors and windows, exterior steps, porches, driveway
and parking area pavement, walks, fences, walls and lawns, as well
as demolition of any of the foregoing.
(2)
The following improvements shall be substantially
completed within one year of the date of the issuance of the permit
for the same:
(3)
The following improvements shall be substantially
completed within six months of the date of the issuance of the permit
for the same:
(a)
Exterior site improvements authorized pursuant to a permit to construct an addition to an existing dwelling unit or to alter, repair, renovate or demolish an existing dwelling unit or other exterior site improvements accessory to an existing dwelling unit, except as provided otherwise in Subsection E(2) above;
(b)
Exterior site improvements authorized pursuant to a sign permit or historic preservation permit, except as provided otherwise in Subsection E(2) above; and
(c)
Exterior site improvements authorized pursuant
to minor site plan approval.
(4)
In the case of exterior site improvements which were
the subject of site plan approval, the approving Board may, in exceptional
circumstances and upon good cause shown by the applicant, grant an
extension of the time within which exterior site improvements shall
be completed. In the case of exterior site improvements which were
not the subject of site plan approval, the agency issuing the permit
may grant similar extensions in the same manner.
(5)
If no construction or demolition of exterior site
improvements authorized pursuant to a zoning permit, sign permit or
historic preservation permit has been initiated within the above time
periods, then the permit shall be considered null and void. Failure
to initiate construction or demolition pursuant to a building permit
shall be subject to the provisions of the Uniform Construction Code.
(6)
If construction or demolition of exterior site improvements
has been initiated, but not substantially completed, within the above
time periods, the failure to complete said improvements shall be considered
a violation of this article, and shall subject the violator or violators
to the penalties hereinafter prescribed.
(7)
Nothing in this subsection shall be construed to conflict
with any other law or regulation, nor to limit the power of the Village
to enforce the provisions of this article by whatever means that may
exist.
F.
Certificates of occupancy. Certificates of occupancy
shall be required and shall be administered in accordance with the
requirements of the New Jersey Uniform Construction Code, N.J.A.C.
5:23-1 et seq., adopted pursuant to the State Uniform Construction
Code Act, N.J.S.A. 52:27D-119 et seq. In addition, the following shall
apply:
(1)
The issuance of a certificate of occupancy or a certificate
of continued occupancy shall include all required zoning permits and
shall negate the necessity of obtaining a separate zoning permit for
the same building and/or other structure on the same premises. The
issuance of a permanent certificate of occupancy or a certificate
of continued occupancy shall supersede and revoke any zoning permit
already granted for such building and/or other structure on the same
premises.
(2)
When site plan, subdivision and/or conditional use
approval is required, no certificate of occupancy shall be issued
until final site plan and/or final subdivision approval has been obtained
and until all conditions precedent to said approval have been satisfied.
(3)
No certificate of occupancy or continued occupancy
shall be issued for a use and/or structure which is not permitted
by the zoning regulations, unless it is shown that such use and/or
structure, as applicable, is a nonconforming use and/or structure
or received variance approval from the Planning Board or Board of
Adjustment.
(4)
Temporary certificates of occupancy. Temporary certificates
of occupancy may be permitted under certain circumstances. Such certificates
shall be issued and administered in accordance with the requirements
of the New Jersey Uniform Construction Code, N.J.A.C. 5:23-1 et seq.,
adopted pursuant to the State Uniform Construction Code Act, N.J.S.A.
52:27D-119 et seq.
G.
(Reserved)
H.
Records of applications and permits and certificates
issued. It shall be the duty of the Zoning Officer and the Construction
Official, respectively, to keep records of all applications for zoning
permits, building permits, sign permits or certificates of occupancy
and of all such permits and certificates issued, together with a notation
of all special terms or conditions imposed thereunder. Each shall
be responsible for the filing and safekeeping of all plans and specifications
submitted to him with any application, and the same shall form a part
of the records of his office and shall be available to all officials
of the Village. Copies of any permits or certificates shall be furnished
upon request to any person who shall have a right thereto by law.
I.
Violations. The use or occupancy of land, buildings
or structures prior to securement of a zoning permit, building permit,
sign permit or a certificate of occupancy, as the case may be, when
one is required shall be a direct violation of this chapter and shall
subject the violator or violators to the penalties hereinafter prescribed.
J.
Permits for retaining walls. Zoning permits issued by the Zoning Officer shall be required prior to the construction, reconstruction or alteration of retaining walls, except that retaining walls having a height of not more than two feet, as measured pursuant to § 190-124F, shall be exempt from this permit requirement. Walls that are exempt from permit requirements shall nonetheless comply with all applicable substantive requirements. Applications for zoning permits for retaining walls shall be referred to the Engineering Department for review. No such permit shall be issued unless construction details and, if deemed necessary by the Village Engineer, structural calculations, soil reports, foundation details, compaction certificates and grading plans, signed and sealed by a professional engineer licensed to practice in the State of New Jersey, are submitted and approved by the Village Engineer demonstrating that such wall(s) is (are) designed to avoid wall failure, protection from falls, drainage or erosion problems, or other hazardous or harmful conditions.
[Amended 5-14-2008 by Ord. No. 3120]
(2)
No permit shall be issued unless the application complies with all applicable requirements of this chapter, including but not limited to § 190-124F.
(3)
Denial of retaining wall permits may be appealed to
the Planning Board or Board of Adjustment, depending upon which Board
has jurisdiction as set forth in this chapter and in the Municipal
Land Use Law.[1] The procedures for such appeals shall be the same as set forth in § 190-28, 190-29, 190-30, 190-31, 190-32, 190-33 or 190-34, as applicable, depending upon the particular basis for the appeal. In addition, any variance application before the Board of Adjustment involving a retaining wall that requires a major retaining wall permit shall be referred to the Planning Board for review and comment. No action shall be taken by the Board of Adjustment until the Planning Board has reviewed and made recommendations concerning the application, or until 35 days have elapsed since the referral to the Planning Board, whichever occurs first.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
For the purpose of this chapter, the Village
is hereby divided into the zone districts, plus one historic district
zone containing a number of historic sites, as described below and
in Subsection B following:
A.
Zoning districts. The following districts in the Village
are hereby designated, as shown on the Zoning Map:[2]
[Amended 3-23-2016 by Ord. No. 3489; 3-23-2016 by Ord. No. 3490; 3-23-2016 by Ord. No. 3491; 11-9-2020 by Ord. No. 3817; 11-9-2020 by Ord. No. 3819]
|
R-125
|
Single-Family Residence District
| |
|
R-110
|
Single-Family Residence District
| |
|
R-1
|
Single-Family Residence District
| |
|
R-1A
|
Single-Family Attached Residence District
| |
|
R-2
|
Single-Family Residence District
| |
|
R-2A
|
Residence District
| |
|
R-3
|
Two-Family Residence District
| |
|
R-4
|
Garden Apartment Residence District
| |
|
R-5
|
Multifamily Residence District
| |
|
R-7
|
Multifamily Residence District
| |
|
B-1
|
Retail Business District
| |
|
B-2
|
Retail Business District
| |
|
B-3-R
|
Business - Residential Zone District
| |
|
C
|
Commercial District
| |
|
CR
|
Commercial - Residential Zone District
| |
|
HC
|
Highway Commercial District
| |
|
P
|
Professional and Office District
| |
|
P-2
|
Professional and Office District
| |
|
H
|
Hospital District
| |
|
OB-1
|
Office Building District
| |
|
OB-2
|
Office Building District
| |
|
T
|
Transition District
| |
|
NWSR
|
North Walnut Street Redevelopment Area
| |
|
AH-1
|
Affordable Housing District
| |
|
AH-2
|
Affordable Housing District
| |
|
AH-3
|
Affordable Housing Zone District
| |
|
B-3
|
Affordable Housing Zone District
|
[2]
Editor’s Note: The Zoning Map is included at the end of this chapter.
B.
Historic district zone and sites.
(1)
The Village Center Historic District and historic
sites indicated below and on the Zoning Map are hereby designated.
All properties within the district, whether designated historic sites
or not, are subject to the historic preservation regulations of this
chapter, as applicable. The historic district and site designations
and the historic preservation regulations shall be in addition to
such zoning designation and regulation as this article may otherwise
require.
(2)
Designated historic sites:
|
Block
|
Lot
|
Block
|
Lot
|
Block
|
Lot
|
|---|---|---|---|---|---|
|
2005
|
15
|
3801
|
3
|
3807
|
6.01
|
|
2114
|
6
|
3801
|
4.01
|
3808
|
2
|
|
2201
|
12
|
3802
|
1
|
3809
|
2
|
|
3701
|
3
|
3803
|
1
|
3809
|
3
|
|
3702
|
12
|
3804
|
13
|
3809
|
7.01
|
|
3703
|
1
|
3804
|
14
|
3810
|
1
|
|
3704
|
4
|
3804
|
16
|
3810
|
2,3,4
|
|
3704
|
6.01
|
3805
|
6
|
3810
|
5
|
|
3704
|
7
|
3805
|
10-13
|
3810
|
6
|
|
3704
|
9
|
3805
|
17
|
3810
|
7
|
|
3801
|
1
|
3805
|
18
|
3811
|
1
|
|
3801
|
2
|
3807
|
4
|
C.
Publication of designation of historic districts and
historic sites. In addition to other requirements for adoption of
ordinances, notice of designation of an historic site or district
shall be published in the official newspaper of the Village of Ridgewood
and shall be distributed to all Village agencies and officers reviewing
development applications and permits. A letter of designation shall
be provided by either regular or bulk mail or personal service to
each property owner affected by the designation.
[1]
Editor’s Note: This ordinance provided that it shall
take effect after execution of a settlement agreement that resolves
West Bergen Mental Healthcare’s objection to the Village’s
housing element and fair share plan and after COAH’s approval
of such agreement.
[Amended 8-9-2006 by Ord. No. 3015; 2-24-2010 by Ord. No.
3240[1]; 6-13-2012 by Ord. No. 3343; 4-13-2022 by Ord. No. 3902]
The Zoning Map of the village of Ridgewood, dated February 2022, a copy of which is attached to this chapter and made a part hereof, and delineating the districts and sites designated by § 190-98, is hereby declared to be part of this chapter.[2] The zone district boundary lines are intended generally
to follow street center lines, existing lot lines, centerlines of
railroad rights-of-way and the like, as indicated on such zone map.
In cases of uncertainty or disagreement as to the true location of
any zone district boundary line, the determination thereof shall lie
with the Board of Adjustment.
[1]
Editor’s Note: This ordinance provided that it shall
take effect after execution of a settlement agreement that resolves
West Bergen Mental Healthcare’s objection to the Village’s
housing element and fair share plan and after COAH’s approval
of such agreement.
[2]
Editor’s Note: The Zoning Map is included as an attachment to this chapter.
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643;; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the R-125 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. The following conditions
and requirements shall be complied with:
(1)
Maximum building height: 30 feet, measured as set forth in § 190-119D, and 2 1/2 stories. Notwithstanding the foregoing, the height of principal buildings shall be permitted to be greater than 30 feet, but not more than 35 feet, when all of the following requirements are met:
[Amended 5-14-2008 by Ord. No. 3120]
(2)
Minimum front yard: 50 feet.
(3)
Minimum side yard: 20 feet.
(4)
Minimum both side yards: 33% of the lot width measured
at the minimum front yard setback line.
(5)
Minimum rear yard: 40 feet.
(6)
Minimum lot area: 25,000 square feet; provided, however,
that the minimum lot area of corner lots shall be 31,000 square feet.
[Amended 7-18-2001 by Ord. No. 2744]
(7)
Minimum lot width: 125 feet, measured at the minimum
front yard setback line, and 100 feet at any other point within 200
feet of the front lot line; provided, however, that the minimum lot
width of corner lots shall be 155 feet at the minimum front yard setback
line and 130 feet at any other point within 200 feet of the front
lot line.
[Amended 7-18-2001 by Ord. No. 2744]
(8)
Minimum average lot width: 125 feet, calculated so
that at least 25,000 square feet of lot area shall be provided within
200 feet of the front lot line; provided, however, that the minimum
average lot width of corner lots shall be 155 feet, calculated so
that at least 31,000 square feet of lot area shall be provided within
200 feet of the front lot line.
[Amended 7-18-2001 by Ord. No. 2744]
(9)
Minimum lot depth: 160 feet.
(10)
Maximum total coverage by above-grade structures:
20% of the land area of the lot.
(11)
Maximum coverage by above-grade structures located
within 200 feet of the front lot line: 20% of the lot area within
200 feet of the front lot line.
(13)
Maximum gross building area within 200 feet of the front lot line: as set forth in § 190-119J, provided that the gross building area restrictions shall be calculated using only those buildings or portions of buildings, and only that portion of the lot, located within 200 feet of the front lot line.
[Amended 10-10-2007 by Ord. No. 3083]
(14)
Minimum buildable area. Within any lot developed
or intended to be developed for residential purposes, there shall
be provided within the building envelope a rectangular area having
a width of 80 feet and a depth of 70 feet. For purposes of administering
this requirement, the rectangle width shall be construed to be that
dimension that is generally parallel with the lot width, and the rectangle
depth shall be construed to be that dimension that is generally parallel
with the lot depth. The buildable area rectangle shall be located
so as to encompass the existing principal building and above-grade
structures attached to the principal building, unless such building
and structures occupy an area larger than the rectangle or are located
outside of the building envelope, in which case the rectangle shall
encompass as much as possible of such building and structures within
the building envelope. New principal buildings and attached above-grade
structures shall also be located so as to result in compliance with
the foregoing requirement.
[Added 10-25-2000 by Ord. No. 2713;
amended 7-18-2001 by Ord. No. 2744]
(15)
Minimum usable area.
[Added 7-18-2001 by Ord. No. 2744]
(a)
Within any lot developed or intended to be developed for residential purposes, there shall be provided a usable area rectangular in shape and having a width of 100 feet and a depth of 160 feet. For purposes of administering this requirement, the rectangle width shall be construed to be that dimension that is generally parallel with the lot width, and the rectangle depth shall be construed to be that dimension that is generally parallel with the lot depth. Such usable area rectangle shall encompass the buildable area rectangle on the lot required by Subsection E(14) above and shall also be located to comply with the following requirements:
[1]
The front of the usable area rectangle shall
be parallel to and 50 feet from the front of the buildable area rectangle.
[2]
The sides of the usable area rectangle shall
be parallel to and 10 feet from the sides of the buildable area rectangle.
[3]
The rear of the usable area rectangle shall
be parallel to and 40 feet from the rear of the buildable area rectangle.
(b)
The terms "front," "side" and "rear" in the foregoing Subsection E(15)(a)[1], [2] and [3] shall be construed to mean those sides of the rectangle that generally face the front, side and rear lot lines, respectively. The area within the usable area rectangle, and including the area within the buildable area rectangle, shall comply with the provisions of § 190-120.
(16)
Maximum coverage by improvements: as set forth in § 190-119H(1) and (2).
[Added 4-12-2017 by Ord.
No. 3591]
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the R-110 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. The following conditions
and requirements shall be complied with:
(1)
Maximum building height: 30 feet, measured as set forth in § 190-11D, and 2 1/2 stories. Notwithstanding the foregoing, the height of principal buildings shall be permitted to be greater than 30 feet, but not more than 35 feet, when all of the following requirements are met:
[Amended 5-14-2008 by Ord. No. 3120]
(2)
Minimum front yard: 40 feet.
(3)
Minimum side yard: 2/3 the height of the principal
building on the site or 15 feet, whichever is greater.
(4)
Minimum both side yards: 33% of the lot width measured
at the minimum front yard setback line.
(5)
Minimum rear yard: 40 feet.
(6)
Minimum lot area: 19,250 square feet; provided, however,
that the minimum lot area of corner lots shall be 22,750 square feet.
[Amended 7-18-2001 by Ord. No. 2744]
(7)
Minimum lot width: 110 feet, measured at the minimum
front yard setback line, and 90 feet at any other point within 175
feet of the front lot line; provided, however, that the minimum lot
width of corner lots shall be 130 feet at the minimum front yard setback
line and 110 feet at any other point within 200 feet of the front
lot line.
[Amended 7-18-2001 by Ord. No. 2744]
(8)
Minimum average lot width: 110 feet, calculated so
that at least 19,250 square feet of lot area shall be provided within
175 feet of the front lot line; provided, however, that the minimum
average lot width of corner lots shall be 130 feet, calculated so
that at least 22,750 square feet of lot area shall be provided within
175 feet of the front lot line.
[Amended 7-18-2001 by Ord. No. 2744]
(9)
Minimum lot depth: 140 feet.
(10)
Maximum total coverage by above-grade structures:
20% of the land area of the lot.
(11)
Maximum coverage by above-grade structures located
within 175 feet of the front lot line: 20% of the lot area within
175 feet of the front lot line.
(13)
Maximum gross building area within 175 feet of the front lot line: as set forth in § 190-119J; provided that the gross building area restrictions shall be calculated using only those buildings or portions of buildings, and only that portion of the lot, located within 175 feet of the front lot line.
[Amended 10-10-2007 by Ord. No. 3083]
(14)
Minimum buildable area. Within any lot developed
or intended to be developed for residential purposes, there shall
be provided within the building envelope a rectangular area having
a width of 70 feet and a depth of 60 feet. For purposes of administering
this requirement, the rectangle width shall be construed to be that
dimension that is generally parallel with the lot width, and the rectangle
depth shall be construed to be that dimension that is generally parallel
with the lot depth. The buildable area rectangle shall be located
so as to encompass the existing principal building and above-grade
structures attached to the principal building, unless such building
and structures occupy an area larger than the rectangle or are located
outside of the building envelope, in which case the rectangle shall
encompass as much as possible of such building and structures within
the building envelope. New principal buildings and attached above-grade
structures shall also be located so as to result in compliance with
the foregoing requirement.
[Added 10-25-2000 by Ord. No. 2713;
amended 7-18-2001 by Ord. No. 2744]
(15)
Minimum usable area.
[Added 7-18-2001 by Ord. No. 2744]
(a)
Within any lot developed or intended to be developed for residential purposes, there shall be provided a usable area rectangular in shape and having a width of 90 feet and a depth of 140 feet. For purposes of administering this requirement, the rectangle width shall be construed to be that dimension that is generally parallel with the lot width, and the rectangle depth shall be construed to be that dimension that is generally parallel with the lot depth. Such usable area rectangle shall encompass the buildable area rectangle on the lot required by Subsection E(14) above, and shall also be located to comply with the following:
[1]
The front of the usable area rectangle shall
be parallel to and 40 feet from the front of the buildable area rectangle.
[2]
The sides of the usable area rectangle shall
be parallel to and 10 feet from the sides of the buildable area rectangle.
[3]
The rear of the usable area rectangle shall
be parallel to and 40 feet from the rear of the buildable area rectangle.
(b)
The terms "front," "side" and "rear" in the foregoing Subsection E(15)(a)[1], [2] and [3] shall be construed to mean those sides of the rectangle that generally face the front, side and rear lot lines, respectively. The area within the usable area rectangle, and including the area within the buildable area rectangle, shall comply with the provisions of § 190-120.
(16)
Maximum coverage by improvements: as set forth in § 190-119H(1) and (2).
[Added 4-12-2017 by Ord.
No. 3591]
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures, shall be permitted in the R-1 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. The following conditions and requirements shall be complied with, except where such requirements are specifically superseded by the regulations for cluster developments in § 190-124:
(1)
Maximum building height: 30 feet, measured as set forth in § 190-119D, and 2 1/2 stories. Notwithstanding the foregoing, the height of principal buildings shall be permitted to be greater than 30 feet, but not more than 35 feet, when all of the following requirements are met:
[Amended 5-14-2008 by Ord. No. 3120]
(2)
Minimum front yard: 40 feet.
(3)
Minimum side yard: 2/3 the height of the principal
building on the site or 15 feet, whichever is greater.
(4)
Minimum both side yards: 33% of the lot width measured
at the minimum front yard setback line.
(5)
Minimum rear yard: 30 feet.
(6)
Minimum lot area: 14,000 square feet; provided, however,
that the minimum lot area of corner lots shall be 16,800 square feet.
[Amended 7-18-2001 by Ord. No. 2744]
(7)
Minimum lot width: 100 feet, measured at the minimum
front yard setback line, and 80 feet at any other point within 140
feet of the front lot line; provided, however, that the minimum lot
width of corner lots shall be 120 feet at the minimum front yard setback
line and 100 feet at any other point within 140 feet of the front
lot line.
[Amended 7-18-2001 by Ord. No. 2744]
(8)
Minimum average lot width: 100 feet, calculated so
that at least 14,000 square feet of lot area shall be provided within
140 feet of the front lot line; provided, however, that the minimum
average lot width of corner lots shall be 120 feet, calculated so
that at least 16,800 square feet of lot area shall be provided within
140 feet of the front lot line.
[Amended 7-18-2001 by Ord. No. 2744]
(9)
Minimum lot depth: 120 feet.
(10)
Maximum total coverage by above-grade structures:
20% of the land area of the lot.
(11)
Maximum coverage by above-grade structures located
within 140 feet of the front lot line: 20% of the lot area within
140 feet of the front lot line.
(13)
Maximum gross building area within 140 feet of the front lot line: as set forth in § 190-119J, provided that the gross building area restrictions shall be calculated using only those buildings or portions of buildings, and only that portion of the lot, located within 140 feet of the front lot line.
[Amended 10-10-2007 by Ord. No. 3083]
(14)
Minimum buildable area. Within any lot developed
or intended to be developed for residential purposes, there shall
be provided within the building envelope a rectangular area having
a width of 60 feet and a depth of 50 feet. For purposes of administering
this requirement, the rectangle width shall be construed to be that
dimension that is generally parallel with the lot width, and the rectangle
depth shall be construed to be that dimension that is generally parallel
with the lot depth. The buildable area rectangle shall be located
so as to encompass the existing principal building and above-grade
structures attached to the principal building, unless such building
and structures occupy an area larger than the rectangle or are located
outside of the building envelope, in which case the rectangle shall
encompass as much as possible of such building and structures within
the building envelope. New principal buildings and attached above-grade
structures shall also be located so as to result in compliance with
the foregoing requirement.
[Added 10-25-2000 by Ord. No. 2713;
amended 7-18-2001 by Ord. No. 2744]
(15)
Minimum usable area.
[Added 7-18-2001 by Ord. No. 2744]
(a)
Within any lot developed or intended to be developed for residential purposes, there shall be provided a usable area rectangular in shape and having a width of 80 feet and a depth of 120 feet. For purposes of administering this requirement, the rectangle width shall be construed to be that dimension that is generally parallel with the lot width, and the rectangle depth shall be construed to be that dimension that is generally parallel with the lot depth. Such usable area rectangle shall encompass the buildable area rectangle on the lot required by Subsection E(14) above and shall also be located to comply with the following:
[1]
The front of the usable area rectangle shall
be parallel to and 40 feet from the front of the buildable area rectangle.
[2]
The sides of the usable area rectangle shall
be parallel to and 10 feet from the sides of the buildable area rectangle.
[3]
The rear of the usable area rectangle shall
be parallel to and 30 feet from the rear of the buildable area rectangle.
(b)
The terms "front," "side" and "rear" in the foregoing Subsections E(15)(a)[1], [2] and [3] shall be construed to mean those sides of the rectangle that generally face the front, side and rear lot lines, respectively. The area within the usable area rectangle, and including the area within the buildable area rectangle, shall comply with the provisions of § 190-120.
(16)
Maximum coverage by improvements: as set forth in § 190-119H(1) and (2).
[Added 4-12-2017 by Ord.
No. 3591]
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above
principal uses, provided that they shall not include any activity
commonly conducted for gain unless specifically permitted in this
section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the R-1A District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the R-2 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. The following conditions
and requirements shall be complied with:
(1)
Maximum building height: 30 feet, measured as set forth in § 190-119D, and 2 1/2 stories. Notwithstanding the foregoing, the height of principal buildings shall be permitted to be greater than 30 feet, but not more than 35 feet, when all of the following requirements are met:
[Amended 5-14-2008 by Ord. No. 3120]
(2)
Minimum front yard: 40 feet.
(3)
Minimum side yard: 10 feet.
(4)
Minimum both side yards: 33% of the lot width measured
at the minimum front yard setback line.
(5)
Minimum rear yard: 30 feet.
(6)
Minimum lot area: 10,500 square feet; provided, however,
that the minimum lot area of corner lots shall be 14,700 square feet.
[Amended 7-18-2001 by Ord. No. 2744]
(7)
Minimum lot width: 75 feet, measured at the minimum
front yard setback line, and 60 feet at any other point within 140
feet of the front lot line; provided, however, that the minimum lot
width of corner lots shall be 105 feet at the minimum front yard setback
line and 90 feet at any other point within 140 feet of the front lot
line.
[Amended 7-18-2001 by Ord. No. 2744]
(8)
Minimum average lot width: 75 feet, calculated so
that at least 10,500 square feet of lot area shall be provided within
140 feet of the front lot line; provided, however, that the minimum
average lot width of corner lots shall be 105 feet, calculated so
that at least 14,700 square feet of lot area shall be provided within
140 feet of the front lot line.
[Amended 7-18-2001 by Ord. No. 2744]
(9)
Minimum lot depth: 120 feet.
(10)
Maximum total coverage by above-grade structures:
20% of the land area of the lot.
(11)
Maximum coverage by above-grade structures located
within 140 feet of the front lot line: 20% of the lot area within
140 feet of the front lot line.
(13)
Maximum gross building area within 140 feet of the front lot line: as set forth in § 190-119J, provided that the gross building area restrictions shall be calculated using only those buildings or portions of buildings, and only that portion of the lot, located within 140 feet of the front lot line.
[Amended 10-10-2007 by Ord. No. 3083]
(14)
Minimum buildable area. Within any lot developed
or intended to be developed for residential purposes, there shall
be provided within the building envelope a rectangular area having
a width of 50 feet and a depth of 50 feet. For purposes of administering
this requirement, the rectangle width shall be construed to be that
dimension that is generally parallel with the lot width, and the rectangle
depth shall be construed to be that dimension that is generally parallel
with the lot depth. The buildable area rectangle shall be located
so as to encompass the existing principal building and above-grade
structures attached to the principal building, unless such building
and structures occupy an area larger than the rectangle or are located
outside of the building envelope, in which case the rectangle shall
encompass as much as possible of such building and structures within
the building envelope. New principal buildings and attached above-grade
structures shall also be located so as to result in compliance with
the foregoing requirement.
[Added 10-25-2000 by Ord. No. 2713;
amended 7-18-2001 by Ord. No. 2744]
(15)
Minimum usable area.
[Added 7-18-2001 by Ord. No. 2744]
(a)
Within any lot developed or intended to be developed for residential purposes, there shall be provided a usable area rectangular in shape and having a width of 60 feet and a depth of 120 feet. For purposes of administering this requirement, the rectangle width shall be construed to be that dimension that is generally parallel with the lot width, and the rectangle depth shall be construed to be that dimension that is generally parallel with the lot depth. Such usable area rectangle shall encompass the buildable area rectangle on the lot required by Subsection E(14) above, and shall also be located to comply with the following:
[1]
The front of the usable area rectangle shall
be parallel to and 40 feet from the front of the buildable area rectangle.
[2]
The sides of the usable area rectangle shall
be parallel to and five feet from the sides of the buildable area
rectangle.
[Amended 8-21-2001 by Ord. No. 2753]
[3]
The rear of the usable area rectangle shall
be parallel to and 30 feet from the rear of the buildable area rectangle.
(b)
The terms "front," "side" and "rear" in the foregoing Subsection E(15)(a)[1], [2] and [3] shall be construed to mean those sides of the rectangle that generally face the front, side and rear lot lines, respectively. The area within the usable area rectangle, and including the area within the buildable area rectangle, shall comply with the provisions of § 190-120.
(16)
Maximum coverage by improvements: as set forth in § 190-119H(1) and (2).
[Added 4-12-2017 by Ord.
No. 3591]
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the R-2A District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family or two-family residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the R-3 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. The following conditions
and requirements shall be complied with:
(1)
Maximum building height: 30 feet.
(2)
Minimum front yard: 40 feet.
(3)
Minimum side yard: 10 feet.
(4)
Minimum both side yards: 33% of the lot width measured
at the minimum front yard setback line.
(5)
Minimum rear yard: 30 feet.
(6)
Minimum lot area: 8,400 square feet; provided, however,
that the minimum lot area of corner lots shall be 12,600 square feet.
[Amended 7-18-2001 by Ord. No. 2744]
(7)
Minimum lot width: 60 feet, measured at the minimum
front yard setback line, and 50 feet at any other point within 140
feet of the front lot line; provided, however, that the minimum lot
width of corner lots shall be 90 feet at the minimum front yard setback
line and 80 feet at any other point within 140 feet of the front lot
line.
[Amended 7-18-2001 by Ord. No. 2744]
(8)
Minimum average lot width: 60 feet, calculated so
that at least 8,400 square feet of lot area shall be provided within
140 feet of the front lot line; provided, however, that the minimum
average lot width of corner lots shall be 90 feet, calculated so that
at least 12,600 square feet of lot area shall be provided within 140
feet of the front lot line.
[Amended 7-18-2001 by Ord. No. 2744]
(9)
Minimum lot depth: 120 feet.
(10)
Maximum total coverage by above-grade structures:
25% of the land area of the lot.
(11)
Maximum coverage by above-grade structures located
within 140 feet of the front lot line: 25% of the lot area within
140 feet of the front lot line.
(13)
Maximum gross building area within 140 feet of the front lot line: as set forth in § 190-119J, provided that the gross building area restrictions shall be calculated using only those buildings or portions of buildings, and only that portion of the lot, located within 140 feet of the front lot line.
[Amended 10-10-2007 by Ord. No. 3083]
(14)
Minimum buildable area. Within any lot developed
or intended to be developed for residential purposes, there shall
be provided within the building envelope a rectangular area having
a width of 40 feet and a depth of 50 feet. For purposes of administering
this requirement, the rectangle width shall be construed to be that
dimension that is generally parallel with the lot width, and the rectangle
depth shall be construed to be that dimension that is generally parallel
with the lot depth. The buildable area rectangle shall be located
so as to encompass the existing principal building and above-grade
structures attached to the principal building, unless such building
and structures occupy an area larger than the rectangle or are located
outside of the building envelope, in which case the rectangle shall
encompass as much as possible of such building and structures within
the building envelope. New principal buildings and attached above-grade
structures shall also be located so as to result in compliance with
the foregoing requirement.
[Added 10-25-2000 by Ord. No. 2713;
amended 7-18-2001 by Ord. No. 2744]
(15)
Minimum usable area.
[Added 7-18-2001 by Ord. No. 2744]
(a)
Within any lot developed or intended to be developed for residential purposes, there shall be provided a usable area rectangular in shape and having a width of 50 feet and a depth of 120 feet. For purposes of administering this requirement, the rectangle width shall be construed to be that dimension that is generally parallel with the lot width, and the rectangle depth shall be construed to be that dimension that is generally parallel with the lot depth. Such usable area rectangle shall encompass the buildable area rectangle on the lot required by Subsection E(14) above and shall also be located to comply with the following:
[1]
The front of the usable area rectangle shall
be parallel to and 40 feet from the front of the buildable area rectangle.
[2]
The sides of the usable area rectangle shall
be parallel to and five feet from the sides of the buildable area
rectangle.
[Amended 8-21-2001 by Ord. No. 2753]
[3]
The rear of the usable area rectangle shall
be parallel to and 30 feet from the rear of the buildable area rectangle.
(b)
The terms "front," "side" and "rear" in the foregoing Subsection E(15)(a)[1], [2] and [3] shall be construed to mean those sides of the rectangle that generally face the front, side and rear lot lines, respectively. The area within the usable area rectangle, and including the area within the buildable area rectangle, shall comply with the provisions of § 190-120.
(16)
Maximum coverage by improvements: as set forth in § 190-119H(1) and (2).
[Added 4-12-2017 by Ord.
No. 3591]
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 8-9-2006 by Ord. No. 3015; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a permitted residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the R-4 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. All required conditions as set forth in § 190-102E shall be complied with, except that the following conditions and requirements shall be complied with for all garden apartments, multifamily dwellings and single-family attached residential dwelling units:
[Amended 8-9-2006 by Ord. No. 3015]
(1)
Maximum building height: 30 feet, and two stories.
(2)
Minimum front, side and rear yard: 30 feet.
(3)
Minimum distance between principal buildings: 30 feet.
(4)
Minimum distance between arms of U-shaped buildings
or groups of buildings forming a courtyard: 60 feet. No accessory
building shall be permitted in any such court.
(5)
Maximum bedrooms per gross acre: 32.
(6)
Maximum density: 20 units per acre.
(7)
Maximum unbroken wall length: 115 feet.
(8)
Maximum building dimension: 150 feet.
(9)
Minimum lot area: 44,000 square feet.
(10)
Maximum total coverage by above-grade structures:
25% of the land area of the lot. The calculation shall include the
area of all balconies, fire escapes, canopies and the like, any other
provisions notwithstanding.
F.
Additional requirements for garden apartment and multifamily
dwelling developments. Every garden apartment or multifamily dwelling
project shall meet the following requirements:
[Amended 8-9-2006 by Ord. No. 3015]
(1)
A building superintendent shall reside in the project.
(2)
All dwelling units shall be limited to the first and
second floors thereof, and no floor of any dwelling unit shall be
in any basement.
(3)
The exteriors of all accessory buildings shall conform
architecturally and be constructed of materials of a like character
to those used in the garden apartment or multifamily dwelling unit
structures to which they are accessory.
(4)
A minimum storage area of 500 cubic feet shall be
provided for each dwelling unit within any garden apartment or multifamily
dwelling structure, exclusive of any garage or dwelling unit or closet
space.
(5)
All outside clothes-drying areas shall be fenced or
screened.
[Amended 4-7-2010 by Ord. No. 3242]
(6)
All open spaces in any garden apartment or multifamily
dwelling project shall be adequately landscaped and maintained in
good condition.
[Amended 4-7-2010 by Ord. No. 3242]
G.
Additional requirements for single-family attached
residential dwelling developments. Every single-family attached residential
dwelling development shall meet the following requirements:
[Added 8-9-2006 by Ord. No. 3015]
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 4-12-2017 by Ord. No. 3591]
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a permitted residence, of an ordained clergyman of any faith or Christian Science practitioner, or home office use as defined and regulated by § 190-124Q.
[Amended 4-12-2017 by Ord. No. 3591]
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the R-5 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. All required conditions as set forth in § 190-102E shall be complied with, except that the following conditions and requirements shall be complied with for multifamily dwelling units:
(1)
Maximum building height: 30 feet and two stories.
(2)
Minimum front, side and rear yard: 40 feet.
(3)
Minimum distance between principal buildings: 40 feet.
(4)
Minimum distance between arms of U-shaped buildings
or groups of buildings forming a courtyard: 60 feet, and no accessory
building shall be permitted in any such court.
(5)
Maximum bedrooms per gross acre: 24.
(6)
Maximum density: 14 1/2 dwelling units per acre.
(7)
Maximum unbroken wall length: 115 feet.
(8)
Maximum total building dimension: 150 feet.
(9)
Minimum lot area: 44,000 square feet.
(10)
Maximum total coverage by above-grade structures:
25% of the land area of the lot, including balconies, fire escapes,
canopies and the like, notwithstanding any other provisions to the
contrary.
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 2-10-1998 by Ord. No. 2620]
(1)
Multifamily dwelling units.
(2)
Single-family residential uses in detached single-family
residential structures.
(3)
Municipal buildings owned or leased by the Village
of Ridgewood and used for public purposes.
(4)
Community residences and shelters.
[Amended 10-13-1998 by Ord. No. 2643]
(5)
Community shelters for victims of domestic violence
and community residences for persons with head injuries, either of
which house up to six persons, excluding resident staff.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family
residence, of an ordained clergyman of any faith or Christian Science
practitioner.
(8)
Accessory uses customarily incident to the above principal
uses, provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. The following conditional uses and structures shall he permitted in the R-7 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No.
2643]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. All required conditions as set forth in § 190-102E shall be complied with, except that the following conditions and requirements shall be complied with for multifamily dwelling units:
(1)
Maximum building height: 35 feet, and three stories.
(2)
Minimum front, side and rear yard: 25 feet, subject
to the following:
(a)
The provisions of § 190-119A(4) shall be complied with.
(b)
Balconies and patios shall be set back at least
20 feet from all property lines.
(3)
Minimum distance between principal buildings: 35 feet.
(4)
Maximum bedrooms per gross acre: 36.2.
(5)
Maximum density: 22.11 dwelling units per acre.
(6)
Maximum unbroken wall length: 185 feet, provided that
the visual effect of long building walls shall be broken with building
offsets, building materials and landscaping.
(7)
Minimum lot area: 44,000 square feet.
(8)
Maximum total coverage by above-grade structures:
30% of the land area of the lot, including balconies, fire escapes,
canopies and the like, notwithstanding any provisions to the contrary.
(9)
Buffer screen. A dense evergreen screening hedge at
least 10 feet in height as approved by the Planning Board shall be
installed along the property line of any R-7 multifamily development
abutting any R-1, R-2 or R-3 Residential Zone. Said screening hedge
shall be used as a buffer to physically screen the multifamily from
the one- and two-family areas. The buffer screen may be waived or
modified by the Planning Board, in whole or in part, if the Planning
Board concludes that because of topographical or site conditions the
same shall not be necessary to protect the abutting or facing premises
located in any abutting residential zone.
A.
Principal uses and structures. The following principal uses and structures
shall be permitted:
[Amended 2-8-2017 by Ord.
No. 3579; 4-12-2017 by Ord. No. 3591; 11-7-2018 by Ord. No. 3686; 12-12-2018 by Ord. No. 3691]
(1)
Retail sales and retail services, limited to:
(a)
Antique and vintage shops, appliances shops, art studios and
galleries, art supply and hobby shops, barbershops, beauty parlors,
bicycle shops, bookstores, butchers and specialty food stores, cafes
and coffee shops, card and gift shops, cosmetic shops, dry cleaners
and tailors, clothing shops, confectioneries and ice cream shops,
delicatessens, drugstores, electronics sales and services including
for computers and cellular phones, fitness centers and personal training
establishments, physical therapy offices, florists, home goods and
home furnishing stores, grocery stores, hardware and paint stores,
instructional schools, jewelers, liquor stores, musical instrument
sales and instruction, office equipment and supply stores, opticians,
pet shops and groomers, photography studios, restaurants, retail bakeries,
shoe repair shops, shoe stores, spas and salons, sporting goods stores,
taverns and inns, theaters, toy stores, and travel agencies.
(2)
Financial institutions, limited to banks and savings and loan institutions
and similar institutions, stock brokerage houses and finance companies.
(3)
Professional office and business office uses on other than the ground
floor or basement, except that ground floor areas used for access
to such uses shall be permitted.
(4)
Dwelling units above the ground floor that meet the inclusionary housing standards in § 190-124R. Ground-floor areas used for access to such uses shall be permitted, and ground-floor areas which do not face a public street and consist of common areas for the residential units shall also be permitted.
[Amended 11-9-2020 by Ord. No. 3818]
(5)
Parking lots and structures.
(6)
Child-care centers.
(7)
Municipal buildings owned or leased by the Village of Ridgewood and
used for public purposes.
(9)
Club, fraternal, recreational, athletic and social uses located
above the ground floor, except that ground floor areas used for access
to such uses shall be permitted.
(10)
Recreational uses.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
[Amended 5-13-1996 by Ord. No. 2566]
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the B-1 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 10-13-1998 by Ord. No. 2643; 2-8-2017 by Ord. No. 3579]
D.
Prohibited uses. Any uses other than those uses permitted
by this section are prohibited. In addition, without in any way limiting
the generality and prohibition of this section, the following uses
are specifically prohibited:
(1)
Residential construction or conversion unless permitted
as regulated herein.
(2)
The sale, delivery and/or serving of prepared food and/or beverages in a ready-to-consume state from a location within a building through a door, through a window or over a counter to a location outside the same building on the same site or within the adjacent public right-of-way. Such prohibition shall include but not be limited to the delivery to or receipt of food and/or beverages to customers in motor vehicles. The foregoing shall not be construed to prohibit: a) serving and consumption of food and beverages to and by customers seated at tables within outdoor cafes permitted by this chapter and licensed and regulated pursuant to Article VIII of Chapter 156; b) take-out sales of prepared food, where the customer must enter the building to purchase and/or pick up food for consumption at an off-site location; and c) the delivery of prepared foods to customers at an off-site location not located within the street-right-way.
[Amended 12-14-2011 by Ord. No. 3323; 2-8-2012 by Ord. No. 3327]
(3)
New or used car lots.
(4)
Public garages and gasoline service stations.
(5)
Places of amusement, other than theaters, contained
in buildings, such as penny arcades or shooting galleries, or buildings
or structures containing games of chance or other types of carnival
enterprises, such as palmistry, phrenology, astrology and the like.
(6)
Drive-in or drive-through uses, including but not
limited to drive-in banks, drive-in pharmacies and drive-in restaurants.
[Amended 12-14-2011 by Ord. No. 3323]
E.
Bulk regulations. The following conditions and requirements
shall be complied with:
[Amended 5-12-2004 by Ord. No. 2891]
(1)
Maximum building height: 45 feet, except as provided otherwise for affordable housing developments in § 190-124R.
(2)
Minimum front yard: as established by adjacent buildings and as regulated by § 190-119A(1)(b). No vault rights shall extend past the existing curbline or the curbline proposed on the Master Plan or Official Map of the Village.
(3)
Minimum side yard: none required, but if provided,
12 feet. If adjacent to a residential zone, a minimum twelve-foot
side yard is required.
(4)
Minimum rear yard: six inches for each foot of height
of the principal building or 10 feet, whichever is greater.
F.
Other regulations. In addition to the bulk regulations,
the following shall be complied with:
(1)
The store frontage for each space devoted to a different
occupant on the ground level abutting any street shall be at least
15 feet wide, exclusive of any entrances for upper floors.
(2)
All ground level stores abutting any street shall
contain window areas on any side of at least 10% of an area equal
to 10 feet times the width of the wall abutting the street.
(3)
No building shall be permitted which is not supported
on a continuous footing and foundation and enclosed on all sides by
an exterior wall that rests on said footing and foundation.
(4)
Except for parking lots, outdoor cafes and sidewalk sales authorized pursuant to Chapter 239, any use permitted by this section shall only be conducted within the confines of a building.
[Amended 8-11-1998 by Ord. No. 2639; 12-14-2011 by Ord. No.
3323]
(5)
Any dwelling unit shall contain a minimum habitable
floor area of 600 square feet.
(6)
The gross floor area devoted to residential use, including
hallways and other common areas accessory to the residential use,
shall not exceed 2/3 of the total gross floor area of the building
within which the residential use is located.
[Added 5-12-2004 by Ord. No. 2891]
(7)
The maximum permitted density shall not exceed 12
dwelling units per acre of the lot.
[Added 5-12-2004 by Ord. No. 2891]
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 7-8-2009 by Ord.
No. 3197; 2-8-2017 by Ord. No. 3579; 11-7-2018 by Ord. No. 3686; 12-12-2018 by Ord. No. 3691]
(1)
Retail sales and service businesses limited to:
(a)
Antique and vintage shops, appliances shops, art studios and
galleries, art supply and hobby shops, barbershops, beauty parlors,
bicycle shops, bookstores, butchers and specialty food stores, cafes
and coffee shops, card and gift shops, Christian Science reading room,
cosmetic shops, dry cleaners and tailors, clothing shops, confectioneries
and ice cream shops, delicatessens, drugstores, electronics sales
and services including for computers and cellular phones, fitness
centers and personal training establishments, physical therapy offices,
florists, franchised new car dealer showrooms, grocery stores, hardware
and paint stores, home goods and home furnishing stores, instructional
schools, jewelers, laundromats, liquor stores, musical instrument
sales and instruction, office equipment and supply stores, opticians,
pet shops and groomers, photography studios, restaurants, retail bakeries,
shoe repair shops, shoe stores, spas and salons, sporting goods stores,
taverns and inns, theaters, toy stores, travel agencies, and undertakers.
(2)
Financial institutions, limited to banks and savings and loan institutions
and similar institutions, stock brokerage houses, and finance companies.
(3)
Professional office and business office uses.
(4)
Buildings used for club, fraternal, recreational and athletic or
social purposes.
(5)
Shops of an electrician, plumber or similar tradesman.
(6)
Dwelling units above the ground floor that meet the inclusionary housing standards in § 190-124R. Ground-floor areas used for access to such uses shall be permitted, and ground-floor areas which do not face a public street and consist of common areas for the residential units shall also be permitted.
[Amended 11-9-2020 by Ord. No. 3818]
(7)
Child-care centers.
(8)
Municipal buildings owned or leased by the Village of Ridgewood and
used for public purposes.
(9)
Surface parking lots and parking structures.
(11)
Recreational uses.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
[Amended 5-13-1996 by Ord. No. 2566]
(4)
Used car sales accessory to new car sales, not exceeding
one square foot of area devoted to used car lot use for each square
foot of wall buildings devoted to new car dealer use.
(5)
Instruction and organized parties.
(6)
Accessory uses and structures customarily incident
to the above principal uses.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the B-2 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 10-13-1998 by Ord. No. 2643; 2-8-2017 by Ord. No. 3579]
D.
Prohibited uses. Any uses other than those uses permitted
by this section are prohibited. In addition, without in any way limiting
the generality and prohibition of this section, wholesale warehousing,
with the exception of the storage of furniture and furnishings accessory
to any permitted furniture mover, and those uses prohibited in the
B-1 Zone District, unless otherwise specifically permitted in this
article, are specifically prohibited.
E.
Bulk regulations. The following conditions and requirements
shall be complied with:
[Amended 5-12-2004 by Ord. No. 2891]
(1)
Maximum building height: 45 feet, except as provided otherwise for affordable housing developments in § 190-124R.
(2)
Minimum front yard: as established by adjacent buildings and as regulated by § 190-119A(1)(b). No vault rights shall extend past the existing curbline or the curbline proposed on the Master Plan or Official Map of the Village.
(3)
Minimum side yard: none required, but if provided,
12 feet. If adjacent to a residential zone, a minimum twelve-foot
side yard is required.
(4)
Minimum rear yard: six inches for each foot of height
of the principal building, or 10 feet, whichever is greater.
(5)
Maximum floor area ratio: 45%, except as provided otherwise for affordable housing developments in § 190-124R.
(6)
Maximum coverage by improvements: 90% of the lot area.
F.
Other regulations. In addition to the bulk regulations,
the following shall be complied with:
(1)
The store frontage for each space devoted to a different
occupant on the ground level abutting any street shall be at least
15 feet wide, exclusive of any entrances for upper floors.
(2)
All ground level stores abutting any street shall
contain window areas on any side of at least 10% of an area equal
to 10 feet times the width of the wall abutting the street.
(3)
[1]Except for parking lots, outdoor cafes and sidewalk sales authorized pursuant to Chapter 239, any use permitted by this section shall only be conducted within the confines of a building.
[Amended 8-11-1998 by Ord. No. 2639; 2-8-2012 by Ord. No.
3327]
[1]
Editor's Note: Former Subsection F(3), regarding
enclosure of piers, pillars or columns, was repealed 10-8-1996 by
Ord. No. 2583, which ordinance also provided for the renumbering of
the remaining subsections.
(4)
Any dwelling unit shall contain a minimum habitable
floor area of 600 square feet.
[Amended 12-14-2011 by Ord. No. 3323; 2-8-2012 by Ord. No. 3327]
(5)
The gross floor area devoted to residential use, including
hallways and other common areas accessory to the residential use,
shall not exceed 2/3 of the total gross floor area of the building
within which the residential use is located.
[Added 5-12-2004 by Ord. No. 2891]
(6)
The maximum permitted density shall not exceed 12
dwelling units per acre of the lot.
[Added 5-12-2004 by Ord. No. 2891]
[Amended 6-10-1997 by Ord. No. 2606]
A.
Principal uses and structures. The following principal uses and structures
shall be permitted:
[Amended 2-8-2017 by Ord.
No. 3579]
(1)
Financial institutions, including banks and savings and loan institutions,
stock brokerage houses, finance companies and similar institutions.
(2)
Professional, business and administrative office uses.
(3)
Child-care centers.
(4)
Municipal buildings owned or leased by the Village of Ridgewood and
used for public purposes.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the OB-1 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 10-13-1998 by Ord. No. 2643; 2-8-2017 by Ord. No. 3579]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. The following conditions
and requirements shall be complied with:
(1)
Maximum building height: 40 feet. Notwithstanding the above, roof-mounted service equipment structures shall not exceed 45 feet in height above the ground and shall be subject to the provisions of Subsection F(1) below.
(2)
Minimum front yard: 42 feet from the street center
line.
(3)
Minimum side yard: one foot for every foot of height
of the principal building, or 12 feet, whichever is greater.
(4)
Minimum rear yard: three feet for every foot of height
of the principal building.
(5)
Maximum coverage by above-grade structures: 25% of
the land area of the lot.
(6)
Maximum floor area ratio: 45%.
(7)
Maximum coverage by improvements: 65% of the lot area.
[Amended 6-7-1999 by Ord. No. 2670]
(8)
Buffer strip. There shall be provided within any OB-1
Zone that abuts any residentially zoned property a buffer strip, at
no point less than 25 feet in depth from such residential property
line, that must be screened, landscaped and fenced as approved by
the Planning Board pursuant to a required site plan; provided; however,
that in lieu of the required buffer strip, the developer may install
an unpierced masonry wall six feet in height that meets the following
requirements:
F.
Other regulations. In addition to the bulk and lot
regulations, the following shall be complied with:
[Amended 10-8-1996 by Ord. No. 2583; 4-7-2010 by Ord. No. 3242]
(1)
Roof-mounted service equipment structures shall be
subject to the following:
(a)
They shall be set back at least three feet for
every one foot in height of the service equipment structures, measured
from the perimeter of the roof on which said equipment structure is
located.
(b)
They shall not occupy more than 10% of the roof
area of any building on which such service equipment structure is
located.
(c)
They shall be screened by a wall or other visual
barrier made of material compatible with the architectural design
of the building.
[Amended 6-10-1997 by Ord. No. 2606]
A.
Principal uses and structures. The following principal uses and structures
shall be permitted:
[Amended 2-8-2017 by Ord.
No. 3579]
(1)
Financial institutions, including banks and savings and loan institutions,
stock brokerage houses, finance companies and similar institutions.
(2)
Professional, business and administrative office uses.
(3)
Veterinary hospitals.
(4)
Child-care centers.
(5)
Municipal buildings owned or leased by the Village of Ridgewood and
used for public purposes.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the OB-2 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 10-13-1998 by Ord. No. 2643; 2-8-2017 by Ord. No. 3579]
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. The following conditions
and requirements shall be complied with:
(1)
Maximum building height: 30 feet.
(2)
Minimum front yard: 30 feet.
(3)
Minimum side yard: one foot for every two feet of
height of the principal building or 12 feet, whichever is greater.
(4)
Minimum rear yard: 30 feet.
(5)
Minimum setback from residential zone boundary: 50
feet.
(6)
Minimum lot area: 15,000 square feet.
(7)
Minimum lot width: 75 feet, measured at the minimum
front yard setback line.
(8)
Maximum floor area ratio: 35%.
(9)
Maximum coverage by improvements: 70% of the lot area.
[Amended 6-7-1999 by Ord. No. 2670]
F.
Other regulations. In addition to the bulk and lot
regulations, the following shall be complied with:
(1)
[1]Vehicular ingress to and egress from any lot shall only
be permitted on State Highway Route No. 17 and Franklin Turnpike.
[1]
Editor's Note: Former Subsection F(1), regarding
enclosure of piers, pillars or columns, was repealed 10-8-1996 by
Ord. No. 2583, which ordinance also provided for the renumbering of
the remaining subsections.
[Amended 5-13-1996 by Ord. No. 2566; 10-8-1996 by Ord. No. 2583; 10-13-1998 by Ord. No. 2643; 6-7-1999 by Ord. No. 2670; 4-7-2010 by Ord. No. 3242; 12-14-2011 by Ord. No. 3323; 2-8-2012 by Ord. No. 3327; 8-13-2014 by Ord. No. 3425; 3-23-2016 by Ord. No. 3492]
A.
Intent. The C Zone District is intended to accommodate a variety
of nonresidential uses not permitted elsewhere in the Village, consistent
with its existing land use and development pattern, and to promote
an upgraded form of development in the area.
B.
Permitted principal uses and structures. The following principal uses and structures shall be permitted in the C Zone District, subject, however, to the use limitations in Subsection C below:
(1)
Retail sales uses, such as:
(a)
Paint, glass and wallpaper stores, hardware stores.
(b)
General merchandise stores, such as department stores, variety
stores, miscellaneous general merchandise stores.
(c)
Food stores, such as grocery stores, meat and fish markets,
fruit and vegetables markets, candy, nut and confectionery stores,
dairy products stores, retail bakeries, miscellaneous food stores.
(d)
Auto and home supply stores.
(e)
Apparel and accessory stores, such as men's, boys', women's
and family clothing stores, women's accessory and specialty stores,
children's and infants' wear stores, shoe stores and miscellaneous
apparel and accessory stores.
(f)
Home furniture, furnishings and equipment stores, such as home
furniture and furnishings stores, household appliance stores, radio,
television and computer stores.
(g)
Miscellaneous retail, such as drugstores and proprietary stores,
liquor stores, used merchandise stores, miscellaneous shopping goods
stores.
(2)
Eating and drinking places.
(3)
Banks and other similar financial institutions.
(5)
Business services, such as mailing, reproduction, commercial
art and photography, and stenographic services.
(8)
Business, administrative and professional offices providing
the following services:
(a)
Advertising.
(b)
Consumer credit reporting, mercantile reporting, adjustment
and collection.
(c)
Offices of medical doctors, dentists, osteopathic physicians
and other health practitioners.
(d)
Home health care services.
(e)
Legal services.
(f)
Engineering, architectural and surveying services.
(g)
Landscape counseling, planning.
(h)
Accounting, auditing and bookkeeping services.
(i)
Management and public relations services.
(j)
Arrangement of passenger transportation (travel agents, etc.).
(9)
Museums and art galleries.
(10)
Veterinarian hospitals.
(11)
Business, professional, labor, civic, social and political associations.
(12)
Shops of an electrician, plumber, welder, woodworker or similar
tradesman.
(13)
Automotive repair shops.
(14)
Storage warehouses.
(15)
Wholesale sales business.
(16)
Child-care centers.
(17)
Municipal buildings and uses.
(18)
Surface parking lots.
C.
Use limitations. The following limitations shall apply to permitted
principal uses in the C Zone District:
(1)
Drive-in uses shall be prohibited.
(2)
Individual commercial uses shall be limited to those which are
small in scale, similar and consistent with the existing pedestrian-oriented
shops and stores in the Central Business District, not exceeding a
gross floor area of 10,000 square feet for each business establishment.
(3)
Uses involving operation between the hours of 11:00 p.m. and
7:00 a.m., except for public uses and except for emergency operations,
shall be prohibited.
(4)
Uses of an industrial nature shall be prohibited, including
but not limited to any establishment engaged in the mechanical, physical,
or chemical transformation of materials, substances, or components
into new products, or engaged in the assembling of component parts
of manufactured products.
D.
Accessory uses and structures. The following accessory uses and structures
shall be permitted, provided that they are located on the same premises
as the principal use or structure to which they are accessory:
E.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the C District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
F.
Prohibited uses. Any uses other than those uses permitted by this section are prohibited. Without in any way limiting the generality and prohibition of this section, nothing contained in this chapter shall be construed to permit commercial incinerations, junkyards, rubbish, garbage and trash dumps, residential construction or conversion of structures or residential uses, stockyards, abattoirs, slaughterhouses or other animal processing operations or any use which will in any manner create any dangerous, injurious, noxious or otherwise objectionable fire, explosive, radioactive or other hazard or noise or vibration or smoke, dust, odor or other form of air pollution or heat, cold, dampness, movement of air, electrical or other similar disturbances, glare or solid or liquid waste in any manner or amount which shall not conform to the performance standards set forth in § 190-120G. Also specifically prohibited shall be drive-in and drive-through uses, including but not limited to drive-in banks, drive-in pharmacies and drive-in restaurants; and the sale, delivery and/or serving of prepared food and/or beverages in a ready-to-consume state from a location within a building through a door or window or over a counter to a location outside the same building on the same site or within the adjacent public right-of-way, including outdoor cafes. Such prohibition shall include but not be limited to the delivery to or receipt of food and/or beverages to customers in motor vehicles. The foregoing shall not be construed to prohibit: a) take-out sales of prepared food, where the customer must enter the building to purchase and/or pick up food for consumption at an off-site location; or b) the delivery of prepared foods to customers at an off-site location not located within the street-right-way.
G.
Bulk and lot regulations. The following conditions and requirements
shall be complied with:
(1)
Minimum lot area: 10,000 square feet.
(2)
Maximum building height: 45 feet.
(3)
Minimum front yard: 15 feet.
(4)
Minimum side yard: none required, but if provided, 12 feet.
If adjacent to a residential zone, a minimum twelve-foot side yard
is required.
(5)
Minimum rear yard: six inches for each foot of height of the
principal building, or 10 feet, whichever is greater.
(6)
Maximum floor area ratio: 45% of the lot area.
(7)
Maximum coverage by improvements: 90% of the lot area.
H.
Other regulations. In addition to the bulk and lot regulations, the
following requirements shall be complied with:
(1)
Any use permitted by this section, unless otherwise specifically
permitted to be conducted outdoors, shall only be conducted within
the confines of a building.
(2)
Veterinary hospitals and establishments shall be contained within
a soundproof building.
(3)
Any side or rear yard that abuts any residential zone shall
be provided with a fence or special planting, maintained in good condition,
to screen the commercial use from the abutting residential property.
(4)
Architectural design.
(a)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of exemplary buildings reflecting
the traditional architecture in the Central Business District. The
applicant for any development shall demonstrate such design by providing
as part of any site plan review examples of and comparisons with existing
high-quality buildings in the Central Business District.
(b)
Buildings greater than 40 feet in height shall be required to use architectural features such as pitched roofs, varied rooflines, decorative cupolas, pediments, varied parapet heights and similar features designed to provide variety and reduce the visual impact of the building height. In order to accommodate such features, the following exceptions to the height limitation in Subsection G(2) above shall be permitted:
[1]
The height of such features shall not exceed the maximum permitted
building height by more than eight feet.
[2]
The horizontal area of such features, including the area enclosed
by such features, that exceed the maximum permitted building height
shall not exceed 20% of the horizontal area of that portion of the
building having a height greater than 40 feet. This limitation shall
be cumulative for all such features. [For example, the horizontal
area of that portion of a sloped roof or roofs at an elevation greater
than the maximum building height could not exceed 4,000 square feet
in the case of a building with a horizontal area of 20,000 square
feet (20,000 x 0.20 = 4,000).]
[3]
In the case of linear features for which an area calculation
is not possible, such as a parapet wall, rooftop screen, etc., the
horizontal length of any such features that exceed the maximum permitted
building height shall not exceed 20% of the horizontal length of the
highest building wall or walls above which the feature is located
and toward which such feature faces. This limitation shall be cumulative
for all such features. [For example, the length of that portion of
a parapet or parapets at an elevation greater than the maximum building
height could not exceed 20 feet if located above a wall 100 feet long
(100 x 0.20 = 20).]
(c)
Buildings having a gross floor area greater than 40,000 square
feet shall be required to use architectural features that provide
variety and reduce the visual impact of the building mass, through
the use of varied facade materials, facade projections and recesses,
judicious use of windows and other openings in the facade, and other
similar features.
(d)
If parking or other exterior areas are provided beneath a building,
such areas shall be screened by structural elements that are compatible
with the materials and design of the front and side building facades.
The intent of such screening shall be to mitigate the effects of headlights,
minimize the view of parked vehicles and pavement, and to provide
for a unified architectural design.
A.
Principal uses and structures. The following principal uses and structures
shall be permitted:
[Amended 2-8-2017 by Ord.
No. 3579]
(1)
Business, professional or administrative offices which are not engaged
in retail or wholesale sale of goods on the premises and which are
not engaged in the repair or servicing of goods on the premises.
(2)
Single-family residential uses in detached single-family residential
structures.
(3)
Two-family residential uses in a single structure on the same lot.
(4)
Business, professional or administrative offices in the same building
as dwelling units as a mixed use.
(5)
Parking areas.
(6)
Child-care centers.
(7)
Municipal buildings owned or leased by the Village of Ridgewood and
used for public purposes.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(2)
Private garages accessory to a permitted residential use for up to four motor vehicles, subject to § 190-121G(3).
(3)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(4)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities accessory to a permitted residential use and designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family
residence, of an ordained clergyman of any faith or Christian Science
practitioner.
(7)
Family day-care homes accessory to a detached single-family residence, as regulated in § 190-124B.
(9)
Accessory uses customarily incident to the above principal
uses, provided that residential uses shall not include any activity
commonly conducted for gain unless specifically permitted in this
section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the P District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 10-13-1998 by Ord. No. 2643; 2-8-2017 by Ord. No. 3579]
(1)
Public utility buildings and structures.
D.
Prohibited uses. Any use other than those uses permitted
by this section are prohibited. Without in any way limiting the generality
and prohibition of this section, nothing contained in this section
shall be construed to permit any bank, savings and loan association,
finance company or similar financial institution or company.
E.
Bulk and lot regulations. Single-family detached dwellings and two-family dwellings shall comply with the bulk and lot regulations in § 190-106E. All other permitted uses shall comply with following conditions and requirements:
(1)
Maximum building height: 30 feet, and two stories.
(2)
Minimum front yard: 25 feet.
(3)
Minimum side yard: six feet.
(4)
Minimum both side yards: 18 feet.
(5)
Minimum rear yard: 30 feet.
(6)
Minimum lot area: 8,400 square feet.
(7)
Minimum lot width: 60 feet, measured at the minimum
front yard setback line.
(8)
Minimum average lot width: 60 feet, calculated so
that at least 8,400 square feet of lot area shall be provided within
140 feet of the front lot line.
(9)
Maximum total coverage by above-grade structures:
40% of the land area of the lot, except in the case when a parking
area is the principal use, 10% of the land area of the lot or 40 square
feet, whichever is less.
(10)
Maximum floor area ratio: 40%.
(11)
Maximum coverage by improvements: 80% of the
lot area.
[Amended 6-7-1999 by Ord. No. 2670]
F.
Other regulations. In addition to the bulk and lot
regulations, the following requirements shall be complied with:
(1)
[2]Every dwelling unit shall contain a minimum habitable floor
area of 600 square feet.
[2]
Editor's Note: Former Subsection F(1), regarding
enclosure of piers, pillars or columns, was repealed 10-8-1996 by
Ord. No. 2583, which ordinance also provided for the renumbering of
the remaining subsections.
A.
Principal uses and structures. The following principal uses and structures
shall be permitted:
[Amended 2-8-2017 by Ord.
No. 3579]
(1)
Business, professional or administrative offices which are not engaged
in retail or wholesale sale of goods on the premises and which are
not engaged in the repair or servicing of goods on the premises.
(2)
Single-family residential uses in detached single-family residential
structures.
(3)
Two-family residential uses in a single structure on the same lot.
(4)
Business, professional or administrative offices permitted in Subsection A(1) above in the same building as dwelling units as a mixed use.
(5)
Parking areas.
(6)
Child-care centers.
(7)
Municipal buildings owned or leased by the Village of Ridgewood and
used for public purposes.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(2)
Private garages accessory to a permitted residential use for up to four motor vehicles, subject to § 190-121G(3).
(3)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(4)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities accessory to a permitted residential use and designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
The office, contained in a detached single-family
residence, of an ordained clergyman of any faith or Christian Science
practitioner.
(7)
Family day-care homes accessory to a detached single-family residence, as regulated in § 190-124B.
(9)
Accessory uses customarily incident to the above principal
uses, provided that residential uses shall not include any activity
commonly conducted for gain unless specifically permitted in this
section.
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the P-2 District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 10-13-1998 by Ord. No. 2643; 2-8-2017 by Ord. No. 3579]
(1)
Public utility buildings and structures.
D.
Prohibited uses. Any use other than those uses permitted
by this section are prohibited. Without in any way limiting the generality
and prohibition of this section, nothing contained in this section
shall be construed to permit any bank, savings and loan association,
finance company or similar financial institution or company.
E.
Bulk and lot regulations. Single-family detached dwellings and two-family dwellings shall comply with the bulk and lot regulations in § 190-106E. All other permitted uses shall comply with following conditions and requirements:
(1)
Maximum building height: 45 feet, and two stories.
(2)
Minimum front yard: 25 feet.
(3)
Minimum side yard: six feet.
(4)
Minimum both side yards: 18 feet.
(5)
Minimum rear yard: 30 feet.
(6)
Minimum lot area: 8,400 square feet.
(7)
Minimum lot width: 60 feet, measured at the minimum
front yard setback line.
(8)
Minimum average lot width: 60 feet, calculated so
that at least 8,400 square feet of lot area shall be provided within
140 feet of the front lot line.
(9)
Maximum total coverage by above-grade structures:
40% of the land area of the lot, except in the case of a parking area
as a principal use, 10% of the land area of the lot or 40 square feet,
whichever is less.
(10)
Maximum floor area ratio: 40%.
(11)
Maximum coverage by improvements: 80% of the
lot area.
[Amended 6-7-1999 by Ord. No. 2670]
F.
Other regulations. In addition to the bulk and lot
regulations, the following requirements shall be complied with:
(1)
[2]Every dwelling unit shall contain a minimum habitable floor
area of 600 square feet.
[2]
Editor's Note: Former Subsection F(1), regarding
enclosure of piers, pillars or columns, was repealed 10-8-1996 by
Ord. No. 2583, which ordinance also provided for the renumbering of
the remaining subsections.
A.
Principal uses and structures. The following principal
uses and structures shall be permitted:
[Amended 12-8-2021 by Ord. No. 3878]
(1)
Hospitals for humans.
(2)
Child-care centers.
(3)
Municipal buildings owned or leased by the Village
of Ridgewood and used for public purposes.
(4)
Health
care related services, including urgent care, behavioral health, nutrition
programs, ambulatory surgery, diagnostic imaging, laboratory services,
sub-acute care, nursing home facilities, day-care services, senior
citizen programs, and acute care hospital services.
(5)
Assisted
living.
(6)
Senior
residential development, provided 15% of the total units are affordable
where the affordable units are for rent or 20% of the total units
are affordable where the affordable units are for sale.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
[Amended 12-8-2021 by Ord. No. 3878]
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the H District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 10-13-1998 by Ord. No. 2643; 2-8-2017 by Ord. No. 3579]
D.
Prohibited uses. Any uses other than those uses permitted
by this section are prohibited.
E.
Bulk and lot regulations. The following conditions
and requirements shall be complied with:
[Amended 6-7-1999 by Ord. No. 2670; 12-8-2021 by Ord. No. 3878]
(2)
Minimum lot area: 15 acres.
(5)
Maximum floor area ratio: 84%.
(6)
Maximum coverage by improvements: 90% of the lot area.
(7)
Screening of parking areas. Parking areas which directly
abut upon property zoned and used for residential purposes shall have
a continuous wall not less than six feet in height and not more than
eight feet in height along the common property line to separate such
properties. Other area for parking of vehicles shall have a suitable
hedge or other natural planting within the required setback area.
F.
Other regulations. Roof-mounted service equipment
structures permitted by this section shall be subject to the following:
(1)
They shall be set back at least one foot for every
two feet in height of the service equipment structures, measured from
the perimeter of the roof on which the structure is located.
(2)
They shall not occupy more than 65% of the roof area
of any building on which such service equipment structure is located.
(3)
They shall not exceed 25% of the land area covered
by buildings on the property.
A.
Principal uses and structures. The following principal uses and structures
shall be permitted:
[Amended 2-8-2017 by Ord.
No. 3579]
(1)
Business and professional offices which are not engaged in retail
or wholesale sale of goods on the premises and which are not engaged
in the repair or servicing of goods on the premises, including professional
and business offices for accountants, architects, attorneys, dentists,
physicians, physical therapists, psychologists, psychotherapists,
ophthalmologists, optometrists, chiropodists, chiropractors, engineers,
professional planners, surveyors, ministers, real estate appraisers
or like professional firms.
(2)
Residential uses and structures as permitted and regulated in the
residential zone which is adjacent to the particular T Transition
Zone within which the property is located.
(3)
Office and residential uses permitted herein and located in the same
building as a mixed use.
(4)
Child-care centers.
(5)
Municipal buildings owned or leased by the Village of Ridgewood and
used for public purposes.
B.
Accessory uses and structures. The following accessory
uses and structures shall be permitted, provided that they are located
on the same premises as the principal use or structure to which they
are accessory:
(3)
Family day-care homes accessory to a permitted residential
use.
(4)
Accessory uses customarily incident to the above principal
uses, provided that residential uses shall not include any activity
commonly conducted for gain unless specifically permitted in this
section.
(5)
In the case of a property located partially in the
T District and partially in an adjacent nonresidential district, surface
parking areas and other improvements, excluding buildings and loading
areas, shall be permitted under the following circumstances:
[Added 7-16-2003 by Ord. No. 2830]
C.
Conditional uses and structures. The following conditional uses and structures shall be permitted in the T District only if they comply with the appropriate regulations for such uses or structures in § 190-123:
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 2-8-2017 by Ord. No. 3579]
(1)
Public utility buildings and structures.
D.
Prohibited uses. Any uses other than those permitted
by this section are prohibited.
E.
Bulk and lot regulations. Residential uses shall comply
with the bulk and lot regulations for the residential zone which is
adjacent to the particular T Transition Zone within which the property
is located. All other permitted uses, including mixed office and residential
use, shall comply with following conditions and requirements:
(1)
Maximum building height: 30 feet, and two stories.
(2)
Minimum front yard: as required by the residential
zone which is adjacent to the particular T Transition Zone within
which the property is located.
(3)
Minimum side yard: 15 feet on any side abutting a
residential zone, and 12 feet on any side abutting a nonresidential
zone.
(4)
Minimum rear yard: as required by the residential
zone which is adjacent to the particular T Transition Zone within
which the property is located.
(5)
Maximum floor area ratio: 40%.
(6)
Maximum coverage by improvements: 80% of the lot area. Notwithstanding the foregoing, in the circumstances described in § 190-118B(5) above, the maximum coverage by improvements shall be 90% of the lot area.
[Amended 6-7-1999 by Ord. No. 2670; 7-16-2003 by Ord. No.
2830]
F.
Other regulations. In addition to the bulk and lot
regulations, the following requirements shall be complied with:
(1)
Permitted office uses shall be limited to the first
two stories of any structure.
(2)
In a mixed use building, residential use shall only
be permitted on other than the ground floor, and each dwelling unit
shall contain a minimum habitable floor area of 600 square feet.
(3)
Any building on a transitional lot, whether a new
structure or a converted existing structure, shall be residential
in exterior appearance.
(4)
Any conversion from residential to nonresidential use shall require site plan approval prior to issuance of a certificate of occupancy and shall be required to provide sufficient parking in accordance with § 190-121. Any change in use from one nonresidential use to another nonresidential use shall require a certificate of continued occupancy, and shall be required to provide sufficient parking in accordance with § 190-121.
[Added 2-24-2010 by Ord. No. 3240[1]]
A.
Principal uses and structures. The following principal uses and structures
shall be permitted:
B.
Accessory uses and structures. The following accessory uses and structures
shall be permitted, provided that they are located on the same premises
as the principal use or structure to which they are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(2)
Private swimming pools as permitted and regulated by § 190-124T.
[Amended 9-11-2019 by Ord. No. 3730]
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(6)
Accessory uses customarily incident to the above principal uses,
provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
C.
Conditional uses and structures. No conditional uses and structures
shall be permitted in the AH-1 District.
D.
Prohibited uses. Any uses other than those permitted by this section
are prohibited
E.
Bulk and lot regulations. The following conditions and requirements
shall be complied with:
(1)
Maximum building height: 33 feet. Notwithstanding the foregoing,
the height of principal buildings shall be permitted to be greater
than 33 feet, but not more than 42 feet, when the pitch of the main
roof is at least 8:12 (8 inches vertical for every 12 inches horizontal).
(2)
Minimum front yard: 40 feet.
(3)
Minimum side yard: 7 feet.
(4)
Minimum both side yards: 33% of the lot width measured at the
minimum front yard setback line.
(5)
Minimum rear yard: 30 feet.
(6)
Minimum lot area 8,400 square feet.
(7)
Minimum lot width: 60 feet, measured at the minimum front yard
setback line, and 50 feet at any other point within 140 feet of the
front lot line.
(8)
Minimum lot depth: 120 feet.
(9)
Maximum total coverage by above-grade structures: 33% of the
lot area.
(10)
Maximum coverage by above-grade structures located within 140
feet of the front lot line: 33% of the lot area within 140 feet of
the front lot line.
(11)
Maximum improvement coverage: Notwithstanding the provisions of § 190-119H, the maximum improvement coverage shall be 70% of the lot area.
(12)
Maximum coverage by improvements located within 140 feet of front lot line: Notwithstanding the provisions of § 190-119H, the maximum improvement coverage shall be 70% of the lot area within 140 feet of the front lot line.
(13)
Maximum gross building area: Notwithstanding the provisions of § 190-119J, the maximum gross building area shall be 45% of the lot area
(14)
Maximum gross building area within 140 feet of the front lot line: Notwithstanding the provisions of § 190-119H, the maximum gross building area within 140 feet of the front lot line shall be 85%, provided that the gross building area restrictions shall be calculated using only those buildings or portions of buildings, and only that portion of the lot, located within 140 feet of the front lot line.
F.
Other requirements.
(2)
Architectural design.
(a)
Buildings shall be designed to maintain a residential streetscape
appearance by designing the building wall facing the street to be
compatible with the front of wall of single-family dwellings typical
in the Village. This shall be accomplished through the use of such
features as a doorway, windows, porch and other typical front wall
design features.
(b)
For buildings with a gross building area that exceeds 5,000
square feet, the visual impact of the building shall be minimized
by such features as: orienting the building so that the building wall
having the narrower dimension faces the street, incorporating projections
and recesses in the building walls, including windows and doors in
large wall areas, using more than one building facade material and
incorporating creative landscaping on those sides of the building
that are visible from the street.
(c)
The main roof of principal buildings having a height greater
than 33 feet shall have a minimum pitch of 8:12 (eight inches vertical
for every 12 inches horizontal).
[1]
Editor's Note: This ordinance provided that it shall take
effect after execution of a settlement agreement that resolves West
Bergen Mental Healthcare's objection to the Village's housing element
and fair share plan and after COAH's approval of such agreement.
[Added 6-13-2012 by Ord. No. 3343]
A.
Purpose and intent. The HC Zone is intended to permit uses that are
compatible with the frontage on and exposure to Route 17 in the zone,
while at the same time being sensitive to the quality of life of nearby
residential areas. Although the zone recognizes the suitability and
compatibility of highway commercial use, the zone regulations are
intended to avoid a "highway strip" appearance by limiting the permitted
uses and the scale and intensity of development, requiring generous
setbacks required for buildings from property lines, and by imposing
architectural, sign and landscaping standards. The zone also intends
to avoid undue impacts to residential properties in the area by limiting
the permitted uses and the intensity of development, by limiting the
height of buildings, by requiring that access be oriented away from
local streets, and by requiring buffers between nonresidential development
and residential zones.
B.
Permitted principal uses and structures. The following principal uses and structures shall be permitted, subject to the prohibitions and restrictions in § 190-118.2E and elsewhere in this chapter:
(1)
Retail sales uses limited to the following:
(a)
Paint, glass and wallpaper stores.
(b)
Hardware stores.
(c)
Department stores, variety stores, miscellaneous general merchandise
stores.
(d)
Grocery stores; meat and fish markets; fruit and vegetables
markets; candy, nut and confectionery stores; dairy products stores;
retail bakeries; miscellaneous food stores.
(e)
Auto and home supply stores.
(f)
Clothing stores, accessory and specialty stores, shoe stores
and miscellaneous apparel and accessory stores.
(g)
Home furniture and furnishings stores, household appliance stores;
radio, television and computer stores.
(h)
Eating and drinking places, excluding drive-in restaurants.
(i)
Drugstores and proprietary stores.
(j)
Liquor stores.
(k)
Movie and video game sales and rentals.
(2)
Banks and savings and loan institutions.
(3)
Administrative, business and professional offices.
(5)
Child-care centers.
(6)
Veterinary hospitals.
(7)
Single-family detached residential dwellings.
C.
Permitted accessory uses and structures. The following accessory
uses and structures shall be permitted, excluding any uses and structures
that are specifically prohibited:
(3)
Uses and structures accessory to single-family detached residential
dwellings as permitted and regulated in all single-family residence
districts.
(4)
For all uses other than single-family detached residential dwellings, accessory uses customarily incident to permitted principal and conditional uses, subject to the prohibitions and restrictions in § 190-118.2E and elsewhere in this chapter.
D.
Conditional uses. Notwithstanding any provisions to the contrary,
no conditional uses shall be permitted in the HC Zone District.
E.
Prohibited uses. Any uses other than those uses permitted by this
section are prohibited. In addition, without in any way limiting the
generality and prohibition of this section, the following uses are
specifically prohibited:
(1)
Motor vehicle sales or rental.
(2)
Gasoline filling stations, gasoline service stations and motor
vehicle maintenance or repair facilities.
(3)
Garden centers and plant nurseries.
(4)
Contractor yards and contractor storage buildings and facilities.
(5)
Industrial, assembly and manufacturing uses.
(6)
Storage warehouses and other storage buildings and uses, except
as an accessory to a permitted use.
(7)
Drive-in restaurants and the sale, delivery and/or serving of
prepared food and/or beverages in a ready-to-consume state from a
location within a building through a door, through a window or over
a counter to a location outside the same building on the same site
or within the adjacent public right-of-way. Such prohibition shall
include but not be limited to the delivery to or receipt of food and/or
beverages to customers in motor vehicles. Excluded from this prohibition
shall be "take-out" sales of prepared food, where the customer must
enter the building to purchase and/or pick up food for consumption
at an off-tract location, and the delivery of prepared foods to an
off-tract location.
(8)
Any use that involves the display, sale, provision or storage
of goods, services or materials, or the keeping of animals, outside
the confines of a building, provided that drive-up windows for banks
and pharmacies shall not be prohibited.
(9)
Hotels, motels and other commercial lodging establishments.
(10)
Any nonresidential uses that operate during the hours when the sale of alcoholic beverages for consumption upon the premises is prohibited by § 101-12A. The foregoing prohibition shall apply to all nonresidential uses in the district, regardless of whether or not such uses sell alcoholic beverages or are retail sales or service uses; provided, however, that institutional uses, as well as automated teller machines for banks and pharmacies that provide twenty-four-hour service, shall not be prohibited during such hours.
[Amended 2-8-2017 by Ord.
No. 3579]
(11)
Notwithstanding the authorization of veterinary hospitals as
a permitted principal use, no such use or any other use shall be permitted
to use areas outside the confines of a building for the keeping, holding,
care, treatment or exercising of animals, or any similar activity.
F.
Development standards. Development for single-family detached dwellings
shall comply with the requirements applicable to such dwellings in
the R-125 Zone District. Nonresidential development shall comply with
the following requirements, unless specifically provided otherwise
by this chapter:
(1)
Minimum lot area: 75,000 square feet.
(2)
Minimum lot frontage: 300 feet on the street from which access
is provided.
(3)
Maximum floor area ratio: 25% of the lot area.
(4)
Maximum building coverage: 25% of the lot area.
(5)
Maximum improvement coverage: 70% of the lot area.
(6)
Maximum height of principal buildings: two stories, excluding
basement stories, and 35 feet; provided, however, that only that portion
of principal buildings comprised of roofs having a pitch of not less
than 5:12 and gables for such roofs shall be permitted to exceed a
height of 30 feet.
(8)
Driveway access to nonresidential uses shall be limited to access
to/from Route 17, except for driveways used solely for emergency access.
A traffic study may be required for major developments or significant
changes of use, in order to ensure that site access will be safe and
designed to minimize congestion on area streets.
(9)
Parking areas shall contain landscaped areas distributed within
the parking area(s) so as to visually break up the area(s) of pavement,
with the location and design of such landscaped areas to be determined
through the site plan review and approval process. The total area
of such landscaping areas shall be at least 10 square feet for each
parking space in the parking area(s). Such landscaped areas shall
be considered to be "within the parking area" if they: (a) are surrounded
on at least three sides by the pavement for the parking area; and/or
(b) are surrounded on at least two sides by the pavement for the parking
area and are located between the parking area and the building. Notwithstanding
the foregoing, no landscaped area located within the minimum required
setback for parking areas shall be counted toward the foregoing requirement.
(10)
A buffer having a minimum depth of 30 feet shall be provided to separate nonresidential development in the district and adjacent residential zone districts. The buffer shall contain dense plantings and a screening fence or wall. If necessary to mitigate the effects of noise, lights and other impacts upon adjacent residential properties, the fence or wall shall be permitted and may be required to have a height greater than six feet. The visual impact of fences or walls higher than six feet upon adjacent residential properties shall be mitigated through the use of increased setbacks from the property line and by installing plantings between the fence/wall and property line, as determined through the site plan approval process. Buffers, screening and other features shall be installed and maintained to ensure that noise levels from site activities comply with the noise control regulations at § 190-120G(5) and N.J.A.C. 7:29-1.1 et seq.
(11)
When nonresidential development is located across from a residential
zone district on the opposite side of Paramus Road and Linwood Avenue,
plantings, fencing, walls and/or berms shall be required in the front
yard to screen the parking and loading areas from the view of residential
properties and to minimize the detrimental effects of glare from vehicle
headlights, as determined through the site plan approval process.
(12)
Architectural design.
(a)
Large, unbroken building masses in walls that face the street
shall be avoided through the use of projections, recesses, varying
materials and other methods. The following requirements shall apply
to any exterior building wall facing a street, including any ramps
to or from Route 17. For purposes of complying with these requirements,
a wall surface shall be considered within the same vertical plane
as another wall surface unless their vertical planes, or projections
thereof, are separated by a horizontal distance of at least eight
inches.
[1]
At least 10% of the surface area of walls in the
same vertical plane, including gables and parapets, shall be comprised
of windows and doors. The area of such windows and doors shall be
measured from the inside edge of any perimeter trim. The glass in
such windows and doors shall not be covered, painted or surfaced so
as to prevent a view into the building from the outdoors; however,
interior curtains and blinds shall be permitted.
[2]
The maximum contiguous wall surface area containing
the same or similar material within the same vertical plane shall
not exceed 1,500 square feet. Larger wall surfaces shall be separated
by horizontal and/or vertical features comprised of a substantially
different material and/or shall be located within a different vertical
plane than the adjacent surfaces. Such separations shall have a minimum
dimension of 12 inches in any direction, except for the minimum vertical
plane separation required above.
(b)
Roofs. Buildings may be designed with pitched roofs and/or with
flat (horizontal) roofs that comply with the following:
[1]
Pitched roofs shall provide a minimum pitch of
5:12 (five inches vertical for each 12 inches horizontal).
[2]
Pitched roofs shall contain variations in pitch
and/or plane and/or dormers not less than 50 feet apart.
[3]
Flat (horizontal) roofs shall be designed with
a cornice and/or parapet(s). Cornices shall have a vertical dimension
not less than 5% of the height of the building, and the cornice shall
be of a substantially different material or texture than the exterior
wall surface. Parapets shall provide variation in the roofline not
less than 30 feet apart; such variations shall not be less than eight
inches in vertical dimension.
[4]
Rooftop mechanical equipment shall be screened
from the view of adjacent properties and streets by parapets in the
same vertical plane as the exterior walls or by screens designed to
appear the same as a sloped roof. For purposes of administering this
requirement, screening shall be designed to screen the view from a
point six feet above the ground measured at the property line of adjacent
properties and from the center line of the adjacent street. In the
case of Route 17, the center line shall be considered the center of
the northbound lanes and the center line of any ramps.
G.
Requirements for drive-in uses. In addition to the other requirements
for development within the HC Zone District, drive-in establishments
shall be subject to the following requirements:
(1)
The drive-in window(s), canopies, drive-up and stacking lanes,
and any above-grade equipment used for the drive-in operation shall
be located at least 50 feet from any residential zone district.
(2)
At the time of site plan review, noise from motor vehicles and
speakers, as wells as impacts from vehicular headlights and exhaust,
shall be addressed through setbacks, screen walls, vegetation and
other features, as determined by the Board.
[Added 3-23-2016 by Ord.
No. 3489]
A.
Intent. The AH-2 District is intended to promote the development
of multifamily housing, with a portion of such housing restricted
to households of low and moderate income. The standards for the zone
are intended to accommodate a type and density of housing consistent
with its location at the periphery of the Central Business District,
and to provide a compensatory benefit to developers of affordable
housing units.
B.
C.
Permitted accessory uses and structures. The following accessory
uses and structures shall be permitted in the AH-2 Zone District,
provided that they are located on the same premises as the principal
use or structure to which they are accessory:
D.
Prohibited uses. Any uses other than those permitted by this section
are prohibited.
E.
Development standards. Uses and structures which lawfully exist at
the time of the adoption of Ordinance 3489 shall be governed by the
regulations in the B-2 Zone District. Residential uses and structures
shall be subject to the following requirements:
(1)
Minimum tract area: one acre (43,560 square feet).
(3)
Maximum floor area ratio.
(a)
For developments that contain for-sale affordable units, the
maximum permitted floor area ratio shall be 130% of the lot area.
(b)
For developments that contain rental affordable units, excluding developments in Subsection E(3)(c) below, the maximum permitted floor area ratio shall be 135% of the lot area.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, the maximum permitted floor area ratio shall be 140% of
the lot area.
(4)
Maximum improvement coverage.
(a)
For developments that contain for-sale affordable units, the
maximum permitted improvement coverage shall be 80% of the lot area.
(b)
For developments that contain rental affordable units, the excluding developments in Subsection E(4)(c), below, the maximum permitted improvement coverage shall be 85% of the lot area.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, the maximum permitted improvement coverage shall be 90%
of the lot area.
(5)
Maximum building height: 50 feet, except for limited architectural features designed in conformance with Subsection E(10)(b) below.
(6)
Minimum front yard: 15 feet.
(7)
Minimum side yard: 12 feet or 1/2 of the height of the building,
whichever is greater.
(8)
Minimum rear yard: 12 feet or 1/2 of the height of the building,
whichever is greater.
(9)
Minimum setback of principal buildings from any property developed
for railroad use: 25 feet.
(10)
Architectural design.
(a)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of exemplary buildings reflecting
the traditional architecture in the Central Business District. The
applicant for any development shall demonstrate such design by providing
examples of and comparisons with existing high-quality buildings in
the Central Business District.
(b)
Buildings greater than 40 feet in height shall be required to use architectural features such as pitched roofs, varied rooflines, decorative cupolas, pediments, varied parapet heights and similar features designed to provide variety and reduce the visual impact of the building height. In order to accommodate such features, the following exceptions to the height limitation in Subsection E(5) above shall be permitted:
[1]
The height of such features shall not exceed the
maximum permitted building height by more than eight feet.
[2]
The horizontal area of such features, including
the area enclosed by such features, that exceed the maximum permitted
building height shall not exceed 20% of the horizontal area of that
portion of the building having a height greater than 40 feet. This
limitation shall be cumulative for all such features. [For example,
the horizontal area of that portion of a sloped roof or roofs at an
elevation greater than the maximum building height could not exceed
4,000 square feet in the case of a building with a horizontal area
of 20,000 square feet (20,000 x 0.20 = 4,000).]
[3]
In the case of linear features for which an area
calculation is not possible, such as a parapet wall, rooftop screen,
etc., the horizontal length of any such features that exceed the maximum
permitted building height shall not exceed 20% of the horizontal length
of the highest building wall or walls above which the feature is located
and toward which such feature faces. This limitation shall be cumulative
for all such features. [For example, the length of that portion of
a parapet or parapets at an elevation greater than the maximum building
height could not exceed 20 feet if located above a wall 100 feet long
(100 x 0.20 = 20).]
(c)
Buildings having a gross floor area greater than 40,000 square
feet shall be required to use architectural features that provide
variety and reduce the visual impact of the building mass, through
the use of varied facade materials, facade projections and recesses,
judicious use of windows and other openings in the facade, and other
similar features.
(d)
If parking or other exterior areas are provided beneath a building,
such areas shall be screened by structural elements that are consistent
or compatible with the materials and design of the front and side
building facades. The intent of such screening shall be to mitigate
the effects of headlights, minimize the view of parked vehicles and
pavement, and to provide for a unified architectural design.
(11)
Recreational/social amenities. Developments shall be required
to include both interior and exterior common areas devoted to recreational,
social and similar functions for residents and their guests, as set
forth below:
(a)
At least 40 square feet per dwelling unit shall be devoted to
interior common areas, such as but not limited to meeting rooms, community
centers, fitness centers, indoor recreational areas, lounges, libraries,
etc. Areas such as hallways, stairs, elevators, entrance lobbies,
storage, mail areas, mechanical space or office space and similar
areas shall not count towards meeting this requirement.
(b)
At least 40 square feet per dwelling unit shall be devoted to
exterior common areas, such as but not limited to recreational areas,
gardens, courtyards, plazas, decks, patios, etc. Such areas may be
located at grade level, on building terraces or on the roof of the
building. Lawn or landscaped areas shall not count towards meeting
this requirement unless such areas are specifically designed to be
part of the aforementioned features.
(12)
Parking and access regulations.
(a)
Minimum number of parking spaces. The minimum number of parking
spaces shall be as required and permitted by the New Jersey Residential
Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq.
(b)
Location.
[1]
All required parking spaces shall be located on
the same property as the principal building or buildings.
[2]
Parking shall be located in the side or rear yards
only, and/or beneath the principal building or buildings.
[3]
Parking areas and driveways shall be located at
least five feet from any side lot line or rear lot line.
(c)
Other parking and access regulations. Except as provided otherwise
by this section, parking areas and driveways shall be required to
comply with all applicable requirements of this chapter or the New
Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et
seq., whichever is applicable.
(13)
Signs. The regulations for institutional use signs in the residential
zone districts shall apply to signs for permitted residential development
in the AH-2 Zone District.
F.
Affordable housing requirements. All residential development shall
be required to include affordable housing as a component. The following
requirements shall apply:
(1)
Location. It is anticipated that all affordable units required
by this section shall be provided within the AH-2 Zone District; however,
the developer may propose and the Planning Board may accept the provision
of some or all of the affordable units in another location, subject
to:
(a)
Demonstration by the developer of a realistic plan in a known
location for the development of an equal or greater number of units
by the developer;
(b)
Completion of such units within the phasing timeframes required
for inclusionary development, unless extended by the Board for good
cause shown;
(c)
Conformance with all zoning requirements by the off-site development;
(d)
Determination by the Planning Board that such off-site units
are eligible for credit against the Village's statutorily mandated
affordable housing obligation; and
(e)
Execution of an agreement with the developer as a prior condition
to the acceptance of any such proposal, unless waived by the Planning
Board.
(2)
Minimum number of affordable units.
(a)
For developments that contain for-sale affordable units, 20%
of the total number of housing units in the development shall be required
to be affordable units.
(b)
For developments that contain rental affordable units, excluding developments in Subsection F(2)(c) below, 15% of the total number of housing units in the development shall be affordable units.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, 12.5% of the total number of housing units in the development
shall be affordable units.
(d)
In calculating the required number of affordable units, fractions
of less than one unit shall be addressed by either of the following,
with the option being the developer's: 1) development of an affordable
unit by the developer, or 2) making a payment in lieu of the fractional
unit by the developer. Any such payment shall be in accordance with
the applicable rules of the New Jersey Council on Affordable Housing.
(e)
In no case shall a residential development be permitted without
any affordable dwelling units.
(3)
Occupancy restrictions. Affordable units shall not be designated
as age-restricted units, supportive housing units or special needs
housing units unless the applicant demonstrates, and the Planning
Board finds, that such units are eligible for credit against the Village's
statutory affordable housing obligation.
(4)
The general regulations for inclusionary developments in this
chapter shall apply.
[Added 3-23-2016 by Ord.
No. 3490]
A.
Intent. The B-3-R Zone District is intended to promote development
that supports and is consistent with the commercial development pattern
in the Central Business District and to accommodate multifamily housing
in a location that can address the housing needs and preferences of
certain households and which supports the Central Business District.
B.
Permitted principal uses and structures. The following principal uses and structures shall be permitted in the B-3-R Zone District, subject, however to the use limitations in Subsection C below:
(1)
Retail sales uses, such as:
(a)
Paint, glass and wallpaper stores, hardware stores.
(b)
General merchandise stores, such as department stores, variety
stores, miscellaneous general merchandise stores.
(c)
Food stores, such as grocery stores, meat and fish markets,
fruit and vegetables markets, candy, nut and confectionery stores,
dairy products stores, retail bakeries, miscellaneous food stores.
(d)
Auto and home supply stores.
(e)
Apparel and accessory stores, such as men's, boys', women's
and family clothing stores, women's accessory and specialty stores,
children's and infants' wear stores, shoe stores and miscellaneous
apparel and accessory stores.
(f)
Home furniture, furnishings and equipment stores, such as home
furniture and furnishings stores, household appliance stores, radio,
television and computer stores.
(g)
Miscellaneous retail, such as drugstores and proprietary stores,
liquor stores, used merchandise stores, miscellaneous shopping goods
stores.
(2)
Eating and drinking places.
(3)
Banks and other similar financial institutions.
(5)
Business services, such as mailing, reproduction, commercial
art and photography, and stenographic services.
(8)
Business, administrative and professional offices, providing
the following services:
(a)
Advertising.
(b)
Consumer credit reporting, mercantile reporting, adjustment
and collection.
(c)
Offices of medical doctors, dentists, osteopathic physicians
and other health practitioners.
(d)
Home health care services.
(e)
Legal services.
(f)
Engineering, architectural and surveying services.
(g)
Landscape counseling, planning.
(h)
Accounting, auditing and bookkeeping services.
(i)
Management and public relations services.
(j)
Arrangement of passenger transportation (travel agents, etc.).
(9)
Child-care centers.
(10)
Museums and art galleries.
(11)
Business, professional, labor, civic, social and political associations.
(12)
Municipal buildings and uses.
(13)
United States Postal Service.
(14)
Multifamily dwellings, including but not limited to garden apartments
and other apartments.
(15)
Single-family attached residential dwelling units.
(16)
Mixed-use development containing both permitted residential
and permitted nonresidential uses.
(17)
Uses similar to those permitted above.
C.
Use limitations. The following limitations shall apply to permitted
principal uses in the B-3-R Zone District:
(1)
In order to ensure the provision of affordable housing, on any existing or future lot containing one acre or more of land, at least 2/3 of any new floor area to be developed shall be devoted to residential use, and shall include an affordable housing component as set forth in Subsection G below. In any such development, commercial uses shall be limited to the ground floor and/or basement in any new floor area to be constructed in the district.
(2)
That portion of the ground floor within 150 feet of the Ridgewood
Avenue right-of-way shall be limited to retail sales, eating and drinking
places, banks and personal services permitted in the B-1 Zone District.
(3)
Drive-in uses shall be prohibited.
(4)
Individual commercial uses shall be limited to those which are
small in scale, similar and consistent with the existing pedestrian-oriented
shops and stores in the Central Business District, not exceeding a
gross floor area of 10,000 square feet for each business establishment.
(5)
Commercial uses in a mixed-use development shall be limited
to those that are compatible, and do not conflict, with multifamily
housing.
(6)
Residential development or mixed-use development shall not be
permitted on lots containing less than one acre of land.
D.
Permitted accessory uses and structures. The following accessory
uses and structures shall be permitted in the B-3-R Zone District,
provided that they are located on the same premises as the principal
use or structure to which they are accessory:
E.
Prohibited uses. Any uses other than those permitted by this section
are prohibited.
F.
Development standards.
(1)
Minimum tract area: one acre (43,560 square feet).
(2)
Maximum density.
(3)
Maximum floor area ratio.
(a)
For developments that contain for-sale affordable units, the
maximum permitted floor area ratio shall be 140% of the lot area.
(b)
For developments that contain rental affordable units, excluding developments in Subsection F(3)(c) below, the maximum permitted floor area ratio shall be 145% of the lot area.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, the maximum permitted floor area ratio shall be 150% of
the lot area.
(d)
In mixed-use developments, the maximum permitted floor area
ratio of the nonresidential portion shall be 1/3 of the lot area.
The maximum floor area for the entire development shall be as provided
above.
(e)
For nonresidential development on existing nonconforming lots
containing less than one acre, the maximum permitted floor area ratio
shall be 45% of the lot area.
(4)
Maximum improvement coverage.
(a)
For developments that contain for-sale affordable units, the
maximum permitted improvement coverage shall be 90% of the lot area.
(b)
For developments that contain rental affordable units, excluding developments in Subsection F(4)(c) below, the maximum permitted improvement coverage shall be 95% of the lot area.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, the maximum permitted improvement coverage shall be 100%
of the lot area.
(d)
For nonresidential development on existing nonconforming lots
containing less than one acre, the maximum permitted improvement coverage
shall be 90% of the lot area.
(5)
Maximum building height: 50 feet, except for limited architectural features designed in conformance with Subsection F(10)(b) below.
(7)
Minimum side yard: no minimum side yard is required, but if
a side yard is provided, a minimum yard depth of 12 feet shall apply.
(8)
Minimum rear yard: no minimum rear yard is required, but if
a rear yard is provided, a minimum yard depth of 12 feet shall apply.
(9)
Minimum setback of principal buildings from any property developed
for railroad use: 25 feet.
(10)
Architectural design.
(a)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of exemplary buildings reflecting
the traditional architecture in the Central Business District. The
applicant for any development shall demonstrate such design by providing
as part of any site plan review examples of and comparisons with existing
high-quality buildings in the Central Business District.
(b)
Buildings greater than 40 feet in height shall be required to use architectural features such as pitched roofs, varied rooflines, decorative cupolas, pediments, varied parapet heights and similar features designed to provide variety and reduce the visual impact of the building height. In order to accommodate such features, the following exceptions to the height limitation in Subsection F(5) above shall be permitted:
[1]
The height of such features shall not exceed the
maximum permitted building height by more than eight feet.
[2]
The horizontal area of such features, including
the area enclosed by such features, that exceed the maximum permitted
building height shall not exceed 20% of the horizontal area of that
portion of the building having a height greater than 40 feet. This
limitation shall be cumulative for all such features. [For example,
the horizontal area of that portion of a sloped roof or roofs at an
elevation greater than the maximum building height could not exceed
4,000 square feet in the case of a building with a horizontal area
of 20,000 square feet (20,000 x 0.20 = 4,000).]
[3]
In the case of linear features for which an area
calculation is not possible, such as a parapet wall, rooftop screen,
etc., the horizontal length of any such features that exceed the maximum
permitted building height shall not exceed 20% of the horizontal length
of the highest building wall or walls above which the feature is located
and toward which such feature faces. This limitation shall be cumulative
for all such features. [For example, the length of that portion of
a parapet or parapets at an elevation greater than the maximum building
height could not exceed 20 feet if located above a wall 100 feet long
(100 x 0.20 = 20).]
(c)
Buildings having a gross floor area greater than 40,000 square
feet shall be required to use architectural features that provide
variety and reduce the visual impact of the building mass, through
the use of varied facade materials, facade projections and recesses,
judicious use of windows and other openings in the facade, and other
similar features.
(d)
If parking or other exterior areas are provided beneath a building,
such areas shall be screened by structural elements that are compatible
with the materials and design of the front and side building facades.
The intent of such screening shall be to mitigate the effects of headlights,
minimize the view of parked vehicles and pavement, and to provide
for a unified architectural design.
(11)
Recreational/social amenities. Residential and mixed-use developments
shall be required to include both interior and exterior common areas
devoted to recreational, social and similar functions for residents
and their guests, as set forth below:
(a)
At least 40 square feet per dwelling unit shall be devoted to
interior common areas, such as but not limited to meeting rooms, community
centers, fitness centers, indoor recreational areas, lounges, libraries,
etc. Areas such as hallways, stairs, elevators, entrance lobbies,
storage, mail areas, mechanical space or office space and similar
areas shall not count towards meeting this requirement.
(b)
At least 40 square feet per dwelling unit shall be devoted to
exterior common areas, such as but not limited to recreational areas,
gardens, courtyards, plazas, decks, patios, etc. Such areas may be
located at grade level, on building terraces or on the roof of the
building. Lawn or landscaped areas shall not count towards meeting
this requirement unless such areas are specifically designed to be
part of the aforementioned features.
(12)
Parking and access regulations.
(a)
Minimum number of parking spaces.
[1]
The minimum number of parking spaces for nonresidential
use shall be one parking space for each 250 square feet of gross floor
area, or fraction thereof.
[2]
The minimum number of parking spaces for residential
use shall be as required and permitted by the New Jersey Residential
Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq.
[3]
A shared-parking approach shall be permitted in
the case of mixed-use development. In such cases, the minimum number
of parking spaces shall be determined by the Board at the time of
site plan review, depending upon various factors, including but not
limited to: a) the parking demand and parking requirements of each
of the various uses, as set forth above, b) the timing of the peak
parking demand of the various uses, c) the location and layout of
the parking in relation to the building entrances to the various uses,
and d) the potential for future changes of use which would alter the
foregoing factors.
(b)
Location.
[1]
All required parking spaces shall be located on
the same property as the principal building or buildings.
[2]
Parking shall be located in the side or rear yards
only, and/or beneath the principal building or buildings.
[3]
Surface parking areas not located beneath the building
or in a parking structure, as well as site driveways shall be located
at least five feet from any side lot line or rear lot line.
(c)
Other parking and access regulations. Except as provided otherwise
by this section, parking areas and driveways shall be required to
comply with all applicable requirements of this chapter or the New
Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et
seq., whichever is applicable.
(13)
Signs. The regulations for signs in the B-2 Zone District shall
apply in the B-3-R Zone District.
G.
Affordable housing requirements. All residential development shall
be required to include affordable housing as a component. The following
requirements shall apply:
(1)
Location. It is anticipated that all affordable units required
by this section shall be provided within the B-3-R Zone District;
however, the developer may propose and the Planning Board may accept
the provision of some or all of the affordable units in another location,
subject to:
(a)
Demonstration by the developer of a realistic plan in a known
location for the development of an equal or greater number of units
by the developer;
(b)
Completion of such units within the phasing timeframes required
for inclusionary development, unless extended by the Board for good
cause shown;
(c)
Conformance with all zoning requirements by the off-site development;
(d)
Determination by the Planning Board that such off-site units
are eligible for credit against the Village's statutorily mandated
affordable housing obligation; and
(e)
Execution of an agreement with the developer as a prior condition
to the acceptance of any such proposal, unless waived by the Planning
Board.
(2)
Minimum number of affordable units.
(a)
For developments that contain for-sale affordable units, 20%
of the total number of housing units in the development shall be required
to be affordable units.
(b)
For developments that contain rental affordable units, excluding developments in Subsection G(2)(c) below, 15% of the total number of housing units in the development shall be affordable units.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, 12.5% of the total number of housing units in the development
shall be affordable units.
(d)
In calculating the required number of affordable units, fractions
of less than one unit shall be addressed by either of the following,
with the option being the developer's: 1) development of an affordable
unit by the developer, or 2) making a payment in lieu of the fractional
unit by the developer. Any such payment shall be in accordance with
the applicable rules of the New Jersey Council on Affordable Housing,
or other governing law.
(e)
In no case shall a residential development be permitted without
any affordable dwelling units.
(3)
Occupancy restrictions. Affordable units shall not be designated
as age-restricted units, supportive housing units or special needs
housing units unless the applicant demonstrates, and the Planning
Board finds, that such units are eligible for credit against the Village's
statutory affordable housing obligation.
(4)
The general regulations for inclusionary developments in this
chapter shall apply.
[Added 3-23-2016 by Ord.
No. 3491]
A.
Intent. The C-R Zone District is intended to promote development
that supports the commercial development pattern in the Central Business
District. The C-R Zone is also intended to accommodate multifamily
housing in a location that can address the housing needs and preferences
of certain households and which supports the Central Business District.
B.
Permitted principal uses and structures. The following principal uses and structures shall be permitted in the C-R zone district, subject, however to the use limitations in Subsection C below:
(1)
Retail sales uses, such as:
(a)
Paint, glass and wallpaper stores, hardware stores.
(b)
General merchandise stores, such as department stores, variety
stores, miscellaneous general merchandise stores.
(c)
Food stores, such as grocery stores, meat and fish markets,
fruit and vegetables markets, candy, nut and confectionery stores,
dairy products stores, retail bakeries, miscellaneous food stores.
(d)
Auto and home supply stores.
(e)
Apparel and accessory stores, such as men's, boys', women's
and family clothing stores, women's accessory and specialty stores,
children's and infants' wear stores, shoe stores and miscellaneous
apparel and accessory stores.
(f)
Home furniture, furnishings and equipment stores, such as home
furniture and furnishings stores, household appliance stores, radio,
television and computer stores.
(g)
Miscellaneous retail, such as drugstores and proprietary stores,
liquor stores, used merchandise stores, miscellaneous shopping goods
stores.
(2)
Eating and drinking places.
(3)
Banks and other similar financial institutions.
(5)
Business services, such as mailing, reproduction, commercial
art and photography, and stenographic services.
(8)
Business, administrative and professional offices, providing
the following services:
(a)
Advertising.
(b)
Consumer credit reporting, mercantile reporting, adjustment
and collection.
(c)
Offices of medical doctors, dentists, osteopathic physicians
and other health practitioners.
(d)
Home health care services.
(e)
Legal services.
(f)
Engineering, architectural and surveying services.
(g)
Landscape counseling, planning.
(h)
Accounting, auditing and bookkeeping services.
(i)
Management and public relations services.
(j)
Arrangement of passenger transportation (travel agents, etc.).
(9)
Child-care centers.
(10)
Museums and art galleries.
(11)
Business, professional, labor, civic, social and political associations.
(12)
Municipal buildings and uses.
(13)
Multifamily dwellings, including but not limited to garden apartments
and other apartments.
(14)
Single-family attached residential dwelling units.
(15)
Mixed-use development containing both permitted residential
and permitted nonresidential uses.
(16)
Uses similar to those permitted above.
C.
Use limitations. The following limitations shall apply to permitted
principal uses in the C-R Zone District:
(1)
In order to ensure the provision of affordable housing, on any existing or future lot containing one acre or more of land, at least 2/3 of any new floor area to be developed shall be devoted to residential use, and shall include an affordable housing component as set forth in Subsection G below. In any such development, commercial uses shall be limited to the ground floor and/or basement in any new floor area to be constructed in the district.
(2)
Drive-in uses shall be prohibited.
(3)
Individual commercial uses shall be limited to those which are
small in scale, similar and consistent with the existing pedestrian-oriented
shops and stores in the Central Business District, not exceeding a
gross floor area of 10,000 square feet for each business establishment.
(4)
Commercial uses in a mixed-use development shall be limited
to those that are compatible, and do not conflict, with multifamily
housing.
(5)
Residential development or mixed-use development shall not be
permitted on lots containing less than one acre of land.
D.
Permitted accessory uses and structures. The following accessory
uses and structures shall be permitted in the C-R Zone District, provided
that they are located on the same premises as the principal use or
structure to which they are accessory:
E.
Prohibited uses. Any uses other than those permitted by this section
are prohibited.
F.
Development standards.
(1)
Minimum tract area: one acre (43,560 square feet).
(2)
Maximum density.
(3)
Maximum floor area ratio.
(a)
For developments that contain for-sale affordable units, the
maximum permitted floor area ratio shall be 140% of the lot area.
(b)
For developments that contain rental affordable units, excluding developments in Subsection F(3)(c) below, the maximum permitted floor area ratio shall be 145% of the lot area.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, the maximum permitted floor area ratio shall be 150% of
the lot area.
(d)
In mixed-use developments, the maximum permitted floor area
ratio of the nonresidential portion shall be 1/3 of the lot area.
The maximum floor area for the entire development shall be as provided
above.
(4)
Maximum improvement coverage.
(a)
For developments that contain for-sale affordable units, the
maximum permitted improvement coverage shall be 90% of the lot area.
(b)
For developments that contain rental affordable units, excluding developments in Subsection F(4)(c) below, the maximum permitted improvement coverage shall be 92.5% of the lot area.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, the maximum permitted improvement coverage shall be 95%
of the lot area.
(5)
Maximum building height: 50 feet, except for limited architectural features designed in conformance with Subsection F(10)(b) below.
(6)
Minimum front yard: 15 feet.
(7)
Minimum side yard: no minimum side yard is required, but if
a side yard is provided, a minimum yard depth of 12 feet shall apply.
(8)
Minimum rear yard: no minimum rear yard is required, but if
a rear yard is provided, a minimum yard depth of 12 feet shall apply.
(9)
Minimum setback of principal buildings from any property developed
for railroad use: 25 feet.
(10)
Architectural design.
(a)
Buildings shall be required to incorporate high-quality architectural
features that are characteristic of exemplary buildings reflecting
the traditional architecture in the Central Business District. The
applicant for any development shall demonstrate such design by providing
as part of any site plan review examples of and comparisons with existing
high-quality buildings in the Central Business District.
(b)
Buildings greater than 40 feet in height shall be required to use architectural features such as pitched roofs, varied rooflines, decorative cupolas, pediments, varied parapet heights and similar features designed to provide variety and reduce the visual impact of the building height. In order to accommodate such features, the following exceptions to the height limitation in Subsection F(5) above shall be permitted:
[1]
The height of such features shall not exceed the
maximum permitted building height by more than eight feet.
[2]
The horizontal area of such features, including
the area enclosed by such features, that exceed the maximum permitted
building height shall not exceed 20% of the horizontal area of that
portion of the building having a height greater than 40 feet. This
limitation shall be cumulative for all such features. [For example,
the horizontal area of that portion of a sloped roof or roofs at an
elevation greater than the maximum building height could not exceed
4,000 square feet in the case of a building with a horizontal area
of 20,000 square feet (20,000 x 0.20 = 4,000).]
[3]
In the case of linear features for which an area
calculation is not possible, such as a parapet wall, rooftop screen,
etc., the horizontal length of any such features that exceed the maximum
permitted building height shall not exceed 20% of the horizontal length
of the highest building wall or walls above which the feature is located
and toward which such feature faces. This limitation shall be cumulative
for all such features. [For example, the length of that portion of
a parapet or parapets at an elevation greater than the maximum building
height could not exceed 20 feet if located above a wall 100 feet long
(100 x 0.20 = 20).]
(c)
Buildings having a gross floor area greater than 40,000 square
feet shall be required to use architectural features that provide
variety and reduce the visual impact of the building mass, through
the use of varied facade materials, facade projections and recesses,
judicious use of windows and other openings in the facade, and other
similar features.
(d)
If parking or other exterior areas are provided beneath a building,
such areas shall be screened by structural elements that are compatible
with the materials and design of the front and side building facades.
The intent of such screening shall be to mitigate the effects of headlights,
minimize the view of parked vehicles and pavement, and to provide
for a unified architectural design.
(11)
Recreational/social amenities. Residential and mixed-use developments
shall be required to include both interior and exterior common areas
devoted to recreational, social and similar functions for residents
and their guests, as set forth below:
(a)
At least 40 square feet per dwelling unit shall be devoted to
interior common areas, such as but not limited to meeting rooms, community
centers, fitness centers, indoor recreational areas, lounges, libraries,
etc. Areas such as hallways, stairs, elevators, entrance lobbies,
storage, mail areas, mechanical space or office space and similar
areas shall not count towards meeting this requirement.
(b)
At least 40 square feet per dwelling unit shall be devoted to
exterior common areas, such as but not limited to recreational areas,
gardens, courtyards, plazas, decks, patios, etc. Such areas may be
located at grade level, on building terraces or on the roof of the
building. Lawn or landscaped areas shall not count towards meeting
this requirement unless such areas are specifically designed to be
part of the aforementioned features.
(12)
Parking and access regulations.
(a)
Minimum number of parking spaces.
[1]
The minimum number of parking spaces for nonresidential
use shall be one parking space for each 250 square feet of gross floor
area, or fraction thereof.
[2]
The minimum number of parking spaces for residential
use shall be as required and permitted by the New Jersey Residential
Site Improvement Standards, N.J.A.C. 5:21-1.1 et seq.
[3]
A shared-parking approach shall be permitted in
the case of mixed-use development. In such cases, the minimum number
of parking spaces shall be determined by the Board at the time of
site plan review, depending upon various factors, including but not
limited to: a) the parking demand and parking requirements of each
of the various uses, as set forth above, b) the timing of the peak
parking demand of the various uses, c) the location and layout of
the parking in relation to the building entrances to the various uses,
and d) the potential for future changes of use which would alter the
foregoing factors.
(b)
Location.
[1]
All required parking spaces shall be located on
the same property as the principal building or buildings.
[2]
Parking shall be located in the side or rear yards
only, and/or beneath the principal building or buildings.
[3]
Surface parking areas not located beneath the building
or in a parking structure, as well as site driveways shall be located
at least five feet from any side lot line or rear lot line.
(c)
Other parking and access regulations. Except as provided otherwise
by this section, parking areas and driveways shall be required to
comply with all applicable requirements of this chapter or the New
Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et
seq., whichever is applicable.
(13)
Signs. The regulations for signs in the B-2 Zone District shall
apply in the C-R Zone District.
G.
Affordable housing requirements. All residential development shall
be required to include affordable housing as a component. The following
requirements shall apply:
(1)
Location. It is anticipated that all affordable units required
by this section shall be provided within the C-R Zone District; however,
the developer may propose and the Planning Board may accept the provision
of some or all of the affordable units in another location, subject
to:
(a)
Demonstration by the developer of a realistic plan in a known
location for the development of an equal or greater number of units
by the developer;
(b)
Completion of such units within the phasing timeframes required
for inclusionary development, unless extended by the Board for good
cause shown;
(c)
Conformance with all zoning requirements by the off-site development;
(d)
Determination by the Planning Board that such off-site units
are eligible for credit against the Village's statutorily mandated
affordable housing obligation; and
(e)
Execution of an agreement with the developer as a prior condition
to the acceptance of any such proposal, unless waived by the Planning
Board.
(2)
Minimum number of affordable units.
(a)
For developments that contain for-sale affordable units, 20%
of the total number of housing units in the development shall be required
to be affordable units.
(b)
For developments that contain rental affordable units, excluding developments in Subsection G(2)(c) below, 15% of the total number of housing units in the development shall be affordable units.
(c)
For developments that contain rental affordable units and at
least 13% of the affordable units are made affordable to very-low-income
households, 12.5% of the total number of housing units in the development
shall be affordable units.
(d)
In calculating the required number of affordable units, fractions
of less than one unit shall be addressed by either of the following,
with the option being the developer's: 1) development of an affordable
unit by the developer, or 2) making a payment in lieu of the fractional
unit by the developer. Any such payment shall be in accordance with
the applicable rules of the New Jersey Council on Affordable Housing,
or other governing law.
(e)
In no case shall a residential development be permitted without
any affordable dwelling units.
(3)
Occupancy restrictions. Affordable units shall not be designated
as age-restricted units, supportive housing units or special needs
housing units unless the applicant demonstrates, and the Planning
Board finds, that such units are eligible for credit against the Village's
statutory affordable housing obligation.
(4)
The general regulations for inclusionary developments in this
chapter shall apply.
[Added 11-9-2020 by Ord. No. 3817]
A.
Intent.
The AH-3 Zone District is intended to create the opportunity for inclusionary
housing in a manner that is compatible with the character of the Village
of Ridgewood.
C.
Accessory
uses and structures. The following accessory uses and structures shall
be permitted, provided that they are located on the same premises
as the principal use or structure to which they are accessory:
(1)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(3)
Private tennis courts, racquetball courts, paddleball courts, platform tennis courts, handball courts and similar recreation facilities designed to serve the residents on the premises, all as regulated in § 190-124G.
(5)
Off-street parking facilities, including structured parking.
(6)
Accessory uses customarily incident to the above principal uses,
provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
E.
Prohibited
uses. Any uses other than those permitted by this section are prohibited.
F.
Affordable
housing requirements.
(1)
The required affordable housing set-aside for any type of development
is 15% where the affordable units shall be for rent, and 20% where
the affordable units shall be for sale. Fractional affordable housing
units shall be rounded down where the fraction is 0.49 units or less
and rounded up where the fraction is 0.50 units or greater.
(2)
Affordable housing units shall comply with the Village's affordable housing regulations in Article XII and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
G.
Bulk
and lot regulations.
(1)
Minimum lot size: 0.50 acre.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 100 feet.
(4)
Minimum front yard setback: 50 feet.
(5)
Minimum side and rear yard setback: 30 feet.
(a)
Minimum side and rear yard setback where adjacent to a residential
use outside of the AH-3 District: 50 feet.
(6)
Balconies, patios and recreational facilities shall be setback not
less than 30 feet from any property line.
(7)
Maximum floor area ratio: 50%.
(8)
Maximum coverage by improvements: 75%.
(10)
Maximum building height: 40 feet.
H.
Building
and site design:
(1)
Building side and rear elevations shall be designed with the same
material as the front of the building.
(2)
Multiple principal buildings shall be permitted on a lot.
(3)
Maximum building length: 200 feet.
(4)
An overall theme of design and architectural motif shall be utilized
within the development for the purpose of presenting an aesthetically
desirable effect and shall be such that they provide varied building
elevations, design and structural appearance within the context of
the unifying theme.
(5)
Any facade of a residential building shall not continue on the same
plane for a linear distance of more than 75 feet. Minimum two-foot
offsets shall be required at breaks in the facade planes.
(6)
Building facades shall be predominantly finished in brick and/or
fiber cement. "Fiber cement" shall refer to a combination of cellulose
fibers and cementitious materials, that, manufactured in long, horizontal
strips, has the appearance of wood siding. Stone veneer, stucco, cast
stone and metal shall be used only for minor accentuation of other
elements of the facade. Exterior insulation and finishing system shall
not be used on any portion of the building facade.
(7)
Building materials and architectural details shall be consistent
on all sides of each building.
(8)
Building entrances should be articulated to make it easily identifiable
by visitors and to provide architectural interest. Examples of special
features of entrances include, but are not limited to, awnings and
architectural treatments.
(9)
Upper floor windows should be divided into individual units or groupings
of individual units, rather than a continuous "ribbon."
(10)
Structured parking shall not exceed one story (parking level).
(11)
If parking or other exterior areas are provided beneath a building,
such areas shall be screened by structural elements that are compatible
with the materials and design of the front and side building facades.
The intent of such screening shall be to mitigate the effects of headlights,
minimize the view of parked vehicles and pavement, and to provide
for a unified architectural design.
(12)
Pedestrian-friendly building design and site furnishings (outdoor
tables, benches, bicycle racks, etc.) shall be provided.
(14)
Roof design:
(a)
Any third story shall be created within the roof space over the second
floor to reduce the appearance of height. Flat roofs are prohibited.
Gambrel, gable and hipped roofs are permitted. Dormers may be utilized
where appropriate for the architectural style.
(15)
Roof shape, color, and texture should be coordinated with the exterior
materials of the building's facade.
(16)
Roof design should minimize the negative impact of roof protrusions
by grouping plumbing vents, ducts, and other utility structures together.
(17)
Rooftop equipment such as mechanical units, vents, and flues should
be located centrally on the building roof, to the extent practicable.
Any equipment visible from a publicly accessible area, adjacent lots,
and pedestrian corridors shall be screened with solid materials using
parapets, pitched roof forms, or penthouses. Screening shall be constructed
of the same or complementary material as the building.
[Added 11-9-2020 by Ord. No. 3819]
A.
Intent.
The B-3 Zone District is to promote mixed-use development with inclusionary
housing in a manner that is compatible with the character of the Village
of Ridgewood.
B.
Principal
uses and structures. The following principal uses and structures shall
be permitted:
(1)
Nonresidential uses permitted in the B-2 Zone District.
(2)
Dwelling units above the ground floor that meet the inclusionary housing standards in § 190-124R. Ground-floor areas used for access to such uses shall be permitted and ground-floor areas which do not face a public street and consist of common areas for the residential units shall also be permitted.
C.
Accessory
uses and structures. The following accessory uses and structures shall
be permitted, provided that they are located on the same premises
as the principal use or structure to which they are accessory:
(2)
Private garages as an accessory use for up to four motor vehicles, subject to § 190-121G(3).
(4)
Off-street parking facilities, including structured parking.
(5)
Accessory uses customarily incident to the above principal uses,
provided that they shall not include any activity commonly conducted
for gain unless specifically permitted in this section.
F.
Bulk
and lot regulations.
(1)
Minimum lot size: 0.25 acre.
(2)
Minimum lot width: 100 feet.
(3)
Minimum lot depth: 150 feet, or that which is existing at the time
of this section's adoption, whichever is less.
(4)
Minimum front yard setback: 20 feet.
(5)
Maximum front yard setback: 30 feet.
(6)
Minimum side yard setback: zero feet, but if provided 12 feet.
(7)
Minimum rear yard setback: 15 feet.
(8)
Minimum side and rear yard setback where adjacent to a residential
use outside the B-3 Zone District: 30 feet.
(9)
Balconies, patios and recreational facilities shall be set back not
less than 30 feet from any property line.
(10)
Maximum floor area ratio: 75%.
(11)
Maximum coverage by improvements: 85%.
(13)
Maximum building height: 40 feet.
G.
Building
and site design:
(1)
Buildings shall be oriented toward North Maple Avenue or Goffle Road,
as may be applicable, with all or a significant portion located parallel
to said street. This shall not apply to any building located behind
another building. Orientation shall include the provision of one or
more primary building entrances.
(2)
First-floor residential units shall not face North Maple Avenue or
Goffle Road, as may be applicable.
(3)
Multiple principal buildings shall be permitted on a lot.
(4)
Maximum building length: 150 feet.
(5)
An overall theme of design and architectural motif shall be utilized
within the development for the purpose of presenting an aesthetically
desirable effect and shall be such that they provide varied building
elevations, design and structural appearance within the context of
the unifying theme.
(6)
Building side and rear elevations shall be designed with the same
material as the front of the building.
(7)
Any facade of a residential building shall not continue on the same
plane for a linear distance of more than 75 feet. Minimum two-foot
offsets shall be required at breaks in the facade planes.
(8)
Building facades shall be predominantly finished in brick and/or
fiber cement. "Fiber cement" shall refer to a combination of cellulose
fibers and cementitious materials, that, manufactured in long, horizontal
strips, has the appearance of wood siding. Stone veneer, stucco, cast
stone and metal shall be used only for minor accentuation of other
elements of the facade. Exterior insulation and finishing system shall
not be used on any portion of the building facade.
(9)
Building materials and architectural details shall be consistent
on all sides of each building.
(10)
Building entrances should be articulated to make it easily identifiable
by visitors and to provide architectural interest. Examples of special
features of entrances include, but are not limited to, awnings and
architectural treatments.
(11)
Upper-floor windows should be divided into individual units or groupings
of individual units, rather than a continuous "ribbon."
(12)
Buildings shall use architectural features such as pitched roofs,
varied rooflines, decorative cupolas, pediments, varied parapet heights
and similar features designed to provide variety and reduce the visual
impact of the building height. In order to accommodate such features,
the following exceptions to the height limitation shall be permitted:
(a)
The height of such features shall not exceed the maximum permitted
building height by more than five feet.
(b)
The horizontal area of such features, including the area enclosed
by such features, that exceed the maximum permitted building height
shall not exceed 20% of the horizontal area of that portion of the
building having a height greater than 40 feet. This limitation shall
be cumulative for all such features. [For example, the horizontal
area of that portion of a sloped roof or roofs at an elevation greater
than the maximum building height could not exceed 4,000 square feet
in the case of a building with a horizontal area of 20,000 square
feet 20,000 x 0.20 = 4,000).]
(c)
In the case of linear features for which an area calculation is not
possible, such as a parapet wall, rooftop screen, etc., the horizontal
length of any such features that exceed the maximum permitted building
height shall not exceed 20% of the horizontal length of the highest
building wall or walls above which the feature is located and toward
which such feature faces. This limitation shall be cumulative for
all such features. [For example, the length of that portion of a parapet
or parapets at an elevation greater than the maximum building height
could not exceed 20 feet if located above a wall 100 feet long (100
x 0.20 = 20).]
(13)
Roof design:
(a)
Any third story shall be created within the roof space over the second
floor to reduce the appearance of height. Flat roofs are prohibited.
Gambrel, gable and hipped roofs are permitted. Dormers may be utilized
where appropriate for the architectural style.
(b)
Roof shape, color, and texture should be coordinated with the exterior
materials of the building's facade
(c)
Roof design should minimize the negative impact of roof protrusions
by grouping plumbing vents, ducts, and other utility structures together.
(d)
Rooftop equipment such as mechanical units, vents, and flues should
be located centrally on the building roof, to the extent practicable.
Any equipment visible from a publicly accessible area, adjacent lots,
and pedestrian corridors shall be screened with solid materials using
parapets, pitched roof forms, or penthouses. Screening shall be constructed
of the same or complementary material as the building.
(14)
Parking design.
(a)
Parking shall be located in the side or rear yards only, and/or beneath
the principal building or buildings.
(b)
Surface parking areas not located beneath the building or in a parking
structure, as well as site driveways shall be located at least five
feet from any side lot line or rear lot line or 10 feet where adjacent
to a residential use outside the B-3 Zone District.
(c)
If parking or other exterior areas are provided beneath a building
shall not occupy more than 50 feet of frontage along North Maple Avenue
or Goffle Road, as may be applicable. Parking areas beneath a building
shall be screened by structural elements that are compatible with
the materials and design of the front and side building facades. The
intent of such screening shall be to mitigate the effects of headlights,
minimize the view of parked vehicles and pavement, and to provide
for a unified architectural design.
(d)
A shared-parking approach shall be permitted in the case of mixed-use
development. In such cases, the minimum number of parking spaces shall
be determined by the Board at the time of site plan review, depending
upon various factors, including but not limited to: a) the parking
demand and parking requirements of each of the various uses, as set
forth above; b) the timing of the peak parking demand of the various
uses; c) the location and layout of the parking in relation to the
building entrances to the various uses; and d) the potential for future
changes of use which would alter the foregoing factors.
(15)
Pedestrian-friendly building design and site furnishings (outdoor
tables, benches, bicycle racks, etc.) shall be provided.
(16)
Signs. The regulations for signs in the B-2 Zone District shall apply
in the B-3 Zone District.
A.
Yards. There shall be provided for every lot front,
rear and side yards as required in the zone district in which such
lot is located. No open space which has been counted or included as
a part of a side yard, rear yard, front yard, court or other open
space as required by this chapter for one building may, by reason
of change of ownership or for any other reason, be counted or included
in order to comply with the yard, court or other open space requirement
of any other building. In addition, the following general regulations
shall apply:
(1)
Front yards.
(a)
All front yards must face upon a dedicated public
street and shall be of the size required for the particular zone district
in which the lot is located, provided that, on streets less than 50
feet in width, the required front yard shall be increased by 1/2 the
difference between the width of the street and 50 feet, and provided
further that any lot which abuts a street with a proposed right-of-way
greater than 50 feet in width as shown on the master plan for streets
of the Village shall have a front yard setback measured from the nearest
line of the proposed building or structure to the proposed right-of-way
line shown on such master plan. In the event a street, or part thereof,
is located within an easement, or is proposed to be widened within
an easement, rather than within a dedicated right-of-way, the front
yard setback shall be measured from the easement line.
[Amended 7-18-2001 by Ord. No. 2744]
(b)
In the B-1 and B-2 Zone Districts, all new buildings
and additions to existing buildings shall conform to the existing
established front yard setback line of the buildings located on each
side of the subject property. In the event that the front yard setback
on each side of the subject property is not the same distance from
the center line of the abutting street in question, then the Planning
Board, as part of site plan review, shall determine the required setback
line for the subject property which shall not be less than the setback
of the abutting property that is closest to the street right-of-way
line nor greater than the setback of the abutting property that is
farthest from the street right-of-way line.
(c)
In the B-1 and B-2 Zone Districts, where there are no adjacent
buildings that are located in the business districts to determine
the required front yard setback, the following minimum dimensions
shall apply:
[Added 9-12-2018 by Ord.
No. 3669]
(2)
Yards on corner lots. All yards on corner lots abutting
any street shall be construed as front yards and shall be subject
to the front yard setback requirement of the zone in which said lot
falls.
(3)
Yards abutting railroads and state highways. Unless specifically
provided otherwise by the regulations for individual zone districts,
the yard requirement for any residentially zoned lot that abuts a
state highway or active railroad shall increase the yard requirement
for that yard that abuts said highway or railroad by 50%.
[Amended 3-23-2016 by Ord. No. 3493]
(4)
Projections and encroachments. Except as hereinafter specified, yards
and courts required under this chapter shall be entirely free of principal
buildings or parts thereof:
[Amended 2-11-2004 by Ord. No. 2862; 4-12-2017 by Ord. No. 3591]
(a)
Cornices and eaves may project not to exceed two feet over any
required yard or court.
(b)
Sills, leaders, belt courses and similar ornamental or structural
features may project six inches into any required yard or court.
(c)
An open fire balcony or fire escape may project into a required
yard not more than four feet.
(d)
Ground-story bay windows or oriels may project not more than
three feet into any required yard in the R-125, R-110, R-1, R-1A,
R-2 and R-3 Zone Districts.
(e)
Chimneys with or without fireplaces may also project not more
than 18 inches into any required yard in the R-125, R-110, R-1, R-1A,
R-2 and R-3 Zone Districts. The total area of such encroachment shall
not exceed 12 square feet.
(g)
No steps or stairs shall extend into any street right-of-way
in any zone district. Unenclosed stairs may extend not more than 60
inches into any required front yard. Unenclosed steps may extend not
more than 45 inches into any required rear yard.
[Amended 9-12-2018 by Ord. No. 3668]
(h)
Window-mounted air-conditioning units, fans and similar window-mounted
equipment designed to provide heating, ventilating or air conditioning
through such window may project into a required yard not more than
three feet.
(5)
Lot line and yard determinations for uncommon or atypical lots. In the event that the definitions of lot lines and yards in § 190-3 do not allow for a clear or reasonable determination of front, rear and side lot lines or yards, as for example in the case of flag lots or land-locked parcels which may be nonconforming or created by variance, the determination of such lot lines and yards shall be made by the Zoning Officer. Any such determination may be appealed following the procedures set forth in § 190-29, and a formal interpretation of the applicable lot lines and yards may be obtained following the procedures set forth in § 190-30. In making such determination, deciding such appeals and in making such interpretations, the following guidelines shall apply:
[Added 4-12-2017 by Ord.
No. 3591]
(a)
Generally, the common boundaries between lots are to be defined
the same. Thus, if the common boundary is a rear lot line for one
lot, it is to be considered a rear lot line for all lots that share
that boundary. The same case applies when a common boundary is a side
lot line. There are exceptions to this principle, however, such as
when a rear lot line on a corner lot is also the side lot line of
the property sharing the same boundary.
(b)
Generally, rear lot lines intersect side lot lines or other
rear lot lines, but not front lot lines. There are exceptions to this
principle, however, such as when a rear lot line on a corner lot intersects
one or more of the front lot lines.
(c)
Generally, side lot lines intersect front lot lines and/or rear
lot lines. Side lot lines also form a portion of the limits of front,
side and rear yards.
(d)
Generally, rear lot lines and rear yards are located to the
rear of the principal building, and side yards are located to the
side of the principal building. There are exceptions to this principle,
however, such as when the principal building is at a severe angle
to the lot line(s), or the lot line(s) curve or angle along more than
one wall of the building, the lot is unusually shaped, the building
is unusually shaped, etc.
(e)
Generally, front yards are located in front of the principal
building, across the full width of a lot. There are exceptions to
this principle, however, such as in the case of flag lots and land-locked
parcels not having frontage on an approved street. In such cases,
the front yard may be more limited in extent or there may be no front
yard at all, as with a land-locked parcel.
B.
Principal buildings.
[Amended 8-9-2006 by Ord. No. 3015; 6-13-2012 by Ord. No.
3343; 3-23-2016 by Ord. No. 3493; 2-8-2017 by Ord. No. 3579]
(1)
No lot shall contain more than one principal building, except:
C.
Accessory buildings and structures. No accessory building
or structure shall be built on any lot on which there is not a principal
building or structure, except when specifically permitted otherwise
by this chapter. The following general provisions shall apply to accessory
structures:
(1)
Accessory structures in residential zones. The following
requirements shall be met in all residential zones:
(a)
No accessory building or above-grade structure
shall have a ground area greater than the ground area of the principal
building or structure on the same lot.
(b)
No freestanding accessory building or structure shall exceed 15 feet in height, except as may be specifically provided otherwise by this chapter, such height shall be measured as set forth in § 190-119D. Notwithstanding the foregoing, the height of accessory buildings shall be permitted to be greater than 15 feet, but not more than 18 feet, when all of the following requirements are met:
[Amended 10-13-1998 by Ord. No. 2643; 5-14-2008 by Ord. No.
3120]
[1]
The coverage by the accessory building is at
least 400 square feet;
[2]
The accessory building complies with the required setback requirements in Subsection C(1)(f) below; and
[3]
The pitch of any roof greater than 15 feet high
is at least 8:12 (eight inches vertical for every 12 inches horizontal).
(c)
No accessory building shall be permitted in
any front yard. Swimming pools, tennis courts, decks, patios, and
similar play structures shall be prohibited in any front yard; provided,
however, that basketball equipment which utilizes a permitted driveway
on the lot as the play surface is exempt from this prohibition.
[Amended 5-13-1996 by Ord. No. 2565]
(d)
All accessory buildings shall be located at
least 12 feet from any principal building situated on the same lot.
(e)
Accessory buildings may be built within any
side yard if the distance from any accessory building to the side
lot line is equal to or greater than the required side yard setback
for the principal building on such lot.
(f)
Accessory buildings built in any rear yard shall not be closer than five feet from any side or rear property line of the lot; provided, however, that when an accessory building is attached to a principal building by a breezeway, roof, wall or the like, or is separated from the principal building by a distance less than required by § 190-119C(1)(d), such accessory building shall be subject to the same minimum side and rear yard setback requirements as the principal building.
[Amended 2-11-2004 by Ord. No. 2862]
(g)
Notwithstanding the above, freestanding flagpoles shall be limited to a height of 20 feet when accessory to a residential use and 30 feet when accessory to a nonresidential use, and shall be set back from any property line a distance equal to or greater than the height of such flagpole. Flagpoles mounted on a building shall be limited to the maximum permitted height of the building, provided that any such poles located on or which project above the roof of a building shall be subject to the regulations for rooftop equipment in § 190-119D(3), and further provided that such poles shall be exempt from the setback requirements applicable to the building or to freestanding flagpoles.
[Amended 10-13-1998 by Ord. No. 2643; 12-11-2013 by Ord. No.
3400]
(2)
Accessory structures in nonresidential zones. The
following requirements shall be met in all nonresidential zones:
(a)
No accessory building shall have a ground area
greater than the ground area of the principal building on the same
lot.
(b)
No freestanding accessory building or structure
shall exceed 20 feet in height, except as may be specifically provided
otherwise by this chapter.
[Amended 10-13-1998 by Ord. No. 2643]
(c)
No accessory building shall be permitted in
any front yard.
(d)
No accessory building shall be closer to the
principal building on the lot on which it is located than 10 feet
or the height of such accessory building, whichever is greater.
(e)
Accessory buildings may be built within any
side yard if the distance from such accessory building to the side
line of the lot is equal to or greater than the required side yard
setback for the principal building on such lot.
(f)
Accessory buildings built in any rear yard shall comply with the following requirements; provided, however, that when an accessory building is attached to a principal building by a breezeway, roof, wall or the like, or is separated from the principal building by a distance less than required by § 190-119C(2)(d), such accessory building shall be subject to the same minimum side and rear yard setback requirements as the principal building.
[Added 2-11-2004 by Ord. No. 2862]
[1]
Accessory buildings and roofed accessory structures
having a floor area of less than or equal to 500 square feet shall
be located at least five feet from the side or rear lot line.
(g)
Notwithstanding the above, freestanding flagpoles shall be limited to a height of 30 feet and shall be set back from any property line a distance equal to or greater than the height of such flagpole. Flagpoles mounted on a building shall be limited to the maximum permitted height of the building, provided that any such poles located on or which project above the roof of a building shall be subject to the regulations for rooftop equipment in § 190-119D(3), and further provided that such poles shall be exempt from the setback requirements applicable to the building or to freestanding flagpoles.
[Added 12-11-2013 by Ord. No. 3400]
D.
Height of buildings and other structures.
[Amended 10-13-1998 by Ord. No. 2643; 4-10-2002 by Ord. No.
2780; 2-11-2004 by Ord. No. 2862; 5-14-2008 by Ord. No. 3120]
(1)
The height limitations required in each zone district
shall not apply to steeples for houses of worship; provided, however,
that the height of such steeples shall not exceed 75 feet in height.
(2)
Houses of worship, school buildings and structures,
and any Village-owned, -leased or -operated building, structure or
use shall not exceed 45 feet in height.
[Amended 12-11-2013 by Ord. No. 3400]
(3)
The height limitations for buildings shall not apply
to rooftop appurtenances, including but not limited to decorative
architectural elements such as cupolas and weathervanes; heating,
ventilating and air-conditioning equipment; chimneys, vent pipes,
etc., but only if such appurtenances comply with the following limitations:
(a)
The height of the appurtenances, and any structures
that screen the appurtenances from view, must not exceed eight feet
above the highest point of the roof or eight feet above the maximum
permitted building height, whichever is less.
(b)
The horizontal dimension of any such appurtenances,
and any structures that screen such appurtenances from view, must
not exceed 20% of the horizontal dimension of the building wall or
side toward which such appurtenance or screening structure faces.
For example, a chimney located on or facing the side of a building
having a horizontal dimension of 40 feet is exempt from the building
height requirements only if the horizontal dimension of the chimney
facing that side of the building is eight feet or less.
(4)
The height limitations for buildings shall not apply
to roof-mounted antennas, provided that roof-mounted antennas shall
be required to comply with the applicable regulations for such antennas
set forth in this chapter.
(5)
The height of buildings and other roofed structures
shall be calculated as the vertical distance between the highest point
of such building or structure and the average finished ground level
as set forth herein. The following shall apply:
(a)
"Highest point of the building" shall include
but not be limited to any roof, parapet wall, pediment or other vertical
facade element that projects above the roof, and any appurtenance
thereto, but excluding any features that are exempted by this chapter
from building height requirements.
(b)
The "average finished ground level" shall be
calculated using an average of a representative sample of the various
finished ground levels located within the following distances from
the base of the building or roofed structure, provided that only ground
levels located on the subject property shall be used in the calculation:
(c)
In the event that retaining walls are present
within the area used for calculating the average finished ground level,
both the top and bottom elevations of the retaining wall in the same
location shall be used in calculating the average finished grade elevation.
(6)
The height of other structures besides buildings and other roofed structures regulated by Subsection D(5) above shall be calculated as set forth in the specific section of this chapter regulating such structures. Where such sections do not specify a method of calculation, the height of such structures shall be calculated as the vertical distance between:
(a)
The highest point of the structure; and
(b)
The average finished ground level at the base
of the structure, except that when the finished ground level at the
base of the structure is elevated above the surrounding ground (such
as when the structure is located on a berm or wall), the ground level
at the base of the structure shall be disregarded and the average
ground level of the surrounding ground shall be used to determine
the height of the structure.
(7)
When the finished ground levels include levels that
are sunken below the surrounding ground level, such as but not including
sunken driveways, sunken stairs or stairwells, window wells, ventilation
shafts, etc., such levels shall be disregarded in height calculations.
E.
Physical or visual obstructions.
(1)
On any corner lot, no fence, structure, planting or
shrubbery over 30 inches in height above the level of the pavement
at the center of the street opposite the point in question shall be
erected or maintained within 25 feet of the intersection formed by
the projections of the two street side lines at the corner.
(2)
No hedge, shrubbery or planting on any lot in any
residential zone shall be permitted within three feet from any street
side line. The branches of all trees projecting beyond any such street
side line must be trimmed at all times to ensure unobstructed vision
and clearance eight feet above ground or sidewalk level.
F.
Lighting.
[Amended 6-13-2012 by Ord. No. 3343]
(1)
No
artificial source of light shall be constructed or utilized within
the Village of Ridgewood so as to create a nuisance across property
lot lines.
(2)
All
light fixtures in any zone district shall be designed and located
so that the illumination of any kind therefrom, whether from interior
or exterior sources, shall not exceed 0.1 footcandle at any point
at ground level along any property lot line in the residential zones
of the Village of a property being used or capable of being used for
residential purposes. For purposes of administering this requirement,
properties within a residential zone district not capable of being
used for residential purposes shall include, but not be limited to,
streets, utility rights-of-way, streams and other water bodies, parklands
and other preserved open space, and properties already developed and
anticipated to remain developed for nonresidential use.
G.
Cantilevered structures and buildings raised on columns.
The following provisions shall apply to the cantilevered structures
and buildings raised on columns:
[Amended 10-8-1996 by Ord. No. 2583]
(1)
No building shall be permitted which is supported by above-grade
piers, columns, pylons or similar structures, and unless such building
is supported on a continuous footing and foundation and enclosed on
all sides by an exterior wall that rests on said footing and foundation.
Notwithstanding the above, the following construction is exempt from
the foregoing prohibition:
[Amended 3-23-2016 by Ord. No. 3493]
(a)
Cantilevered portions of buildings which are completely open
beneath said portion;
(b)
Carports and similar roofed canopies supported by piers or columns,
provided that such structures shall not be permitted to contain any
floor area above any ceiling of said structures;
(c)
Balconies, fire escapes, stairwells, bay windows and similar
projecting structures; and
(d)
Parking areas located beneath buildings where specifically permitted
in the individual zone districts.
(2)
For purposes of administering this chapter, calculations
of setbacks, coverage by above-grade structures and coverage by improvements
shall be made from the furthest projecting wall of cantilevered structures.
[Amended 6-7-1999 by Ord. No. 2670]
H.
Coverage by improvements for single-family and two-family
dwellings. In the R-125, R-110, R-1, R-1A, R-2, R-2A, R-3, R-4, R-5
and R-7 Zone Districts, single-family detached dwellings, two-family
dwellings, community residences and shelters and any other uses which
are subject to the same requirements as the foregoing shall comply
with the following schedules of maximum coverage by improvements:
[Added 6-7-1999 by Ord. No. 2670]
(1)
Maximum improvement coverage of total lot.
|
Total Lot Area
(square feet)
|
Maximum Coverage by Improvements
(percent of total lot area)
| |
|---|---|---|
|
0 to 13,999
|
45%, but not above 5,600 square feet
| |
|
14,000 to 24,999
|
40%, but not above 8,750 square feet
| |
|
25,000 and over
|
35%
|
(2)
Maximum improvement coverage of lot area within specified distance of front lot line. In addition to the schedule in Subsection H(1) above, the coverage by improvements located within the following specified distances of the front lot line shall comply with the following schedule:
|
Lot Area Within Specified Distance of
Front Lot Line*
(square feet)
|
Maximum Coverage by Improvements Located
Within Specified Distance of Front Lot Line*
(percent of total lot area)
| |
|---|---|---|
|
0 to 13,999
|
45%, but not above 5,600 square feet
| |
|
14,000 to 24,999
|
40%, but not above 8,750 square feet
| |
|
25,000 and over
|
35%
|
|
* NOTE: The specified distances from the front
lot line are as follows:
| ||
|
Zone District
|
Distance from Front Lot Line
(feet)
| |
|---|---|---|
|
R-1, R-1A, R-2, R-2A and R-3
|
140
| |
|
R-110
|
175
| |
|
R-125
|
200
|
I.
Street easements. In the event a street or any portion
of a street, or any proposed widening of a street is located within
an easement rather than within a dedicated right-of-way, the required
lot area, lot width, lot frontage, lot depth and all required setbacks
shall be increased above that which would otherwise be required for
the use in the respective zone district, the same as if the easement
were to be entirely a dedicated right-of-way. Furthermore, in such
situation, the maximum permitted floor area ratio, density, coverage
by above-grade structures and coverage by improvements shall be reduced
by a percentage equal to the percentage of the lot area occupied by
the easement, the same as if the easement were to be entirely a dedicated
right-of-way.
[Added 7-18-2001 by Ord. No. 2744]
J.
Maximum gross building area for single-family detached dwellings, two-family dwellings and duplexes. In all zone districts, single-family detached dwellings, two-family dwellings, duplexes, community residences and shelters and any other lawfully permitted uses which are subject to the same requirements as the foregoing shall comply with the following schedule of maximum gross building area (see definition in § 190-3):
(1)
Single-family detached dwellings and community residences
and shelters.
|
Maximum Gross Building Area Detached
| |||
|---|---|---|---|
|
Lot Area
(square feet)
|
Principal Building1 (lesser of % lot area or square feet)
|
Detached Accessory Buildings1 (lesser of % lot area or square feet)2
| |
|
0 to 8,399
|
35%, 2,856
|
7.5%, 588
| |
|
8,400 to 10,499
|
34%, 3,360
|
7.0%, 682
| |
|
10,500 to 13,999
|
32%, 4,060
|
6.5%, 840
| |
|
14,000 to 19,249
|
29%, 4,620
|
6.0%, 962
| |
|
19,250 to 24,999
|
24%, 5,000
|
5.0%, 1,000
| |
|
25,000 and over
|
20%
|
4.0%
| |
(2)
Two-family dwellings and duplexes.
|
Maximum Gross Building Area Detached
| |||
|---|---|---|---|
|
Lot Area
(square feet)
|
Principal Building1 (lesser of % lot area or square feet)
|
Detached Accessory Buildings1 (lesser of % lot area or square feet)2
| |
|
0 to 8,399
|
40%, 3,276
|
7.5%, 588
| |
|
8,400 to 10,499
|
39%, 3,675
|
7.0%, 682
| |
|
10,500 to 13,999
|
35%, 4,060
|
6.5%, 840
| |
|
14,000 to 19,249
|
29%, 4,620
|
6.0%, 962
| |
|
19,250 to 24,999
|
24%, 5,000
|
5.0%, 1,000
| |
|
25,000 and over
|
20%
|
4.0%
| |
|
NOTES:
| |
|
1 In cases where
there is more than one principal building and/or more than one accessory
building, the maximum areas specified in the above schedules apply
to the total gross building area of all such principal and accessory
buildings, as applicable, not to individual buildings.
| |
|
2 The additional gross building area ratio for detached accessory buildings shall only be permitted for such buildings that are separated from the principal building or buildings by the distance specified in § 190-119C(1)(d).
|
K.
Limited exemptions for barrier-free access. Notwithstanding the definitions of "floor area ratio," "gross floor area" and "habitable floor area" in § 190-3, up to 100 square feet of floor area in any principal building, excluding single-family and two-family dwellings, shall be exempted from the limitations of this chapter concerning floor area ratio, gross floor area and the minimum number of parking spaces in proportion to floor area, if such floor area meets the following requirements:
[Added 3-11-2009 by Ord. No. 3174]
(1)
The floor area to be exempted must be devoted
to providing barrier-free access for the disabled. The applicant shall
have the burden of proof, and must demonstrate that the floor area
in question is: necessary to provide barrier-free access for the disabled,
and that no reasonable alternative to such exemption exists. To satisfy
this requirement, the applicant shall demonstrate that the floor area
in question provides space in the building for elevators, lifts, ramps,
enlarged doorways or turning areas or other comparable facilities
designed in accordance with all applicable barrier-free code requirements
and that such exemption is reasonably necessary to provide for barrier-free
access to the building. The foregoing shall not be construed to prohibit
the use of such floor area for access to buildings by persons that
are not disabled.
(2)
Only one such exemption shall apply to any principal
building.
(3)
The exempted floor area must meet all other
applicable requirements of this chapter.
(4)
The Zoning Officer shall make the final determination
concerning whether such floor area qualifies for the exemption set
forth in this subsection.
L.
Trademark
or prototypical designs. The use of trademarks and/or prototypical
designs of roofs, facades, windows, doors, awnings, signs, lights
and other improvements shall be permitted after approval in accordance
with the provisions of this chapter; provided, however, that the use
of such marks and designs shall not, by itself, be accepted as satisfaction
of the requirements for relief from any provision of this chapter.
[Added 12-14-2011 by Ord. No. 3323]
All development within the Village of Ridgewood
shall be designed to prevent any adverse impact to the man-made or
natural environments, and if prevention is not reasonably possible,
development shall be designed to mitigate such impacts. The development
of lands having environmental constraints is permitted as regulated
herein; however, development of environmentally constrained land is
not to be encouraged but is permitted if each application for development
complies with the following standards, notwithstanding any other requirement
of this chapter.
A.
Stormwater runoff.
[Amended 3-8-2006 by Ord. No. 2983; 1-17-2007 by Ord. No.
3035]
(2)
For those developments that do not require site plan
or subdivision approval, a permit shall be required for any development
or work involving a new building, an addition to an existing building,
swimming pools or any other site improvements resulting in an increase
of at least 200 square feet of impervious surface area per lot. The
following shall apply:
(a)
The applicant shall be required to submit a
site grading and stormwater control plan to the Village of Ridgewood
Department of Public Works, Engineering Division, with the application
form available from the Engineering Division.
(c)
The plan submitted for the permit shall be prepared
by a licensed New Jersey professional engineer, with appropriate signature
and seal; provided, however, that the Village Engineer may waive this
requirement if in his/her judgment the services of a professional
engineer are unnecessary to adequately address the drainage impacts
from the development.
B.
Soil erosion and sedimentation control. All developments
in all zones shall protect streams, lakes and ponds from sedimentation
damage and shall prepare a soil erosion and sediment control plan
if required by N.J.S.A. 4:24-39 et seq.
C.
Flood hazard areas. There is hereby created within
the Village special flood hazard areas as identified by the Federal
Emergency Management Agency in a scientific and engineering report
entitled "Flood Insurance Study, Bergen County, New Jersey," revised
and to be effective September 30, 2005, with accompanying Flood Insurance
Rate Maps. Said maps are hereby adopted by reference and declared
to be part of this chapter. Said maps are available in the Village
offices. The Flood Insurance Study is on file with the Director of
the Department of Public Works. The following provisions shall apply
to such areas:
[Amended 11-10-1998 by Ord. No. 2649; 7-13-2005 by Ord. No.
2945]
(1)
The uses permitted within any flood hazard area are
those uses permitted and regulated by this article of the zone district
in which the area may be located, as such zone districts are set forth
and delineated on the Zone Map.
(2)
No part of the floodway, as indicated by the Flood
Insurance Rate Maps, shall be located within the usable area of the
lot, as defined by this chapter.
[Amended 7-18-2001 by Ord. No. 2744]
(3)
The required minimum lot area shall be increased above
that which would otherwise be required for the use in the respective
zone district by 50% of the area of the special flood hazard area
located within the usable area of the lot, as defined by this chapter.
[Amended 7-18-2001 by Ord. No. 2744]
D.
Wetlands. No more than 10% of the usable area of a
lot, as defined by this chapter, shall be occupied by wetlands or
wetland transition areas, as such wetlands or transition areas are
indicated by a Letter of Interpretation or presence/absence letter
from the New Jersey Department of Environmental Protection and as
adjusted through the grant of various permits and approvals by said
department.
[Amended 7-18-2001 by Ord. No. 2744]
E.
Steep slopes. The purpose of this subsection is to
regulate the intensity of use in areas of steeply sloping terrain
in order to limit soil loss, erosion, excessive stormwater runoff,
the degradation of surface water and to maintain the natural topography
and drainage patterns of land. Disturbance of steep slopes results
in accelerated erosion processes from stormwater runoff and the subsequent
sedimentation of water bodies with the associated degradation of water
quality and loss of aquatic life support. Related effects include
soil loss, changes in natural topography and drainage patterns, increased
flooding potential, further fragmentation of forest and habitat areas,
and compromised aesthetic values. The following requirements shall
apply:
[Amended 7-18-2001 by Ord. No. 2744; 11-9-2009 by Ord. No.
3225]
(1)
Disturbance of steep slopes prohibited. In accordance
with the State of New Jersey’s Water Quality Management Planning
Rules at N.J.A.C. 7:15, no disturbance of steep slopes shall be permitted,
except as permitted herein. The following provisions shall apply:
(a)
DISTURBANCE
IMPERVIOUS SURFACE
REDEVELOPMENT
STEEP SLOPE
Definitions. For the purposes of interpreting and administering the disturbance restrictions in this Subsection E, the following definitions shall apply:
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
Any slope equal to or greater than 20% as measured over any
minimum run of 10 feet. Steep slopes are determined based on contour
intervals of two feet or less. The percent of slope (rise in feet
per horizontal distance in feet) shall be established by measurement
of distance perpendicular to the contour of the slope. The percent
of slope shall be calculated for each two-foot contour interval. For
example, any location on the site where there is a one-foot rise over
a ten-foot horizontal run constitutes a ten-percent slope; a 1.5-foot
rise over a ten-foot horizontal run constitutes a fifteen-percent
slope; a two-foot rise over a ten-foot horizontal run constitutes
a twenty-percent slope.
(b)
Exceptions. The disturbance of steep slopes shall only be permitted
for the following activities. Determination of the following exceptions
shall be made by the reviewing agency, with the applicant having the
burden of proof.
[1]
Redevelopment within the limits of impervious surfaces existing on the effective date of Ordinance No. 3225 (amending this Subsection E);
[2]
New disturbance necessary to protect the public health, safety or
welfare, such as but not limited to necessary linear development for
access or utilities when no feasible alternative exists to such disturbance;
[3]
New disturbance necessary to provide an environmental benefit, such
as but not limited to remediation of a contaminated site;
[4]
New disturbance necessary to prevent extraordinary hardship on the
property owner peculiar to the property; or
[5]
New disturbance necessary to prevent extraordinary hardship, provided
that the hardship was not created by the property owner. For purposes
of interpreting and administering this provision, "extraordinary hardship"
shall be construed to mean that the steep slope disturbance is necessary
to provide a minimal, economically viable use of the property based
upon reasonable investment.
(2)
Usable
area limitations. The amount of steep slopes located within the usable
area of a lot, as defined by this chapter, shall be limited as follows:
(a)
No more than 50% of the usable area of a lot, as defined by this
chapter, shall have ten-percent slopes or greater.
(b)
No more than 35% of the usable area of a lot, as defined by this
chapter, shall have fifteen-percent slopes or greater.
(c)
No more than 20% of the usable area of a lot, as defined by this
chapter, shall have twenty-five-percent slopes or greater.
F.
Groundwater protection.
(1)
No building or structure shall be erected in any zone
district of the Village within 50 feet of any well, infiltration gallery,
spring or similar source of groundwater now or hereafter developed
for a public water supply system, as such system is defined by this
chapter.
(2)
No sewer or line carrying sanitary or industrial wastes
located within 100 feet of any well, infiltration gallery, spring
or similar source of groundwater now or hereafter developed for a
public water supply system may be installed in any zone district of
the Village unless the same shall be of steel, reinforced concrete,
cast iron or other suitable material, properly protected and of completely
watertight construction and otherwise constructed in accordance with
Rules and Regulations for the Preparation and Submission of Plans
for Public Water Supply Systems and Water Treatment Plants, now or
hereafter issued by the State Department of Health.
(3)
No manholes or connections on a sanitary sewer system
shall be permitted within 100 feet of any well now or hereafter developed
for a public water supply system in any zone district of the Village.
G.
Performance standards. The following conditions and
requirements shall be complied with:
(1)
All activities shall be carried on only in structures
which conform to the minimum safety standards of the National Board
of Fire Underwriters or the Village building code or fire ordinance
governing the permitted use, whichever may be more restrictive. All
operations shall be carried on and explosive materials, fuels, liquids
and finished products shall be stored in accordance with the standards
of the National Board of Fire Underwriters.
(2)
Any use permitted by this article shall only be permitted
if it shall comply with all applicable federal and state safety laws,
rules and regulations.
(3)
No uses permitted by this article shall result in
the dissemination of smoke, fumes, gas, dust, odors or any other atmospheric
pollutant beyond the boundary lines of the lot occupied by such use.
(4)
There shall be no vibration beyond the boundary lines
of the lot on which is conducted any use permitted by this article.
(5)
Noise. All uses shall comply with the applicable provisions
of the State of New Jersey’s Noise Control Regulations at N.J.A.C.
7:29.
[Amended 11-9-2009 by Ord. No. 3225]
(6)
Anything in this article to the contrary not withstanding,
no use shall be permitted which shall discharge an industrial waste
into any municipal sanitary sewer system without written approval
of the Department of Public Works, and no such waste shall be treated
on any premises.
H.
Riparian
zones. In accordance with the State of New Jersey’s Water Quality
Management Planning Rules at N.J.A.C. 7:15, this subsection designates
riparian zones and regulates land use and development within such
zones. The following provisions shall apply:
[Added 11-9-2009 by Ord. No. 3225]
(1)
Purposes.
The specific purposes and intent of this subsection are to:
(a)
Restore and maintain the chemical, physical, and biological integrity
of the water resources of the Village of Ridgewood;
(b)
Prevent excessive nutrients, sediment, and organic matter, as well
as biocides and other pollutants, from reaching surface waters by
optimizing opportunities for filtration, deposition, absorption, adsorption,
plant uptake, biodegradation, and denitrification, which occur when
stormwater runoff is conveyed through vegetated buffers as stable,
distributed flow prior to reaching receiving waters;
(c)
Provide for shading of the aquatic environment so as to moderate
temperatures, retain more dissolved oxygen, and support a healthy
assemblage of aquatic flora and fauna;
(d)
Provide for the availability of natural organic matter (leaves and
twigs) and large woody debris (trees and limbs) that provide food
and habitat for aquatic organisms (insects, amphibians, crustaceans,
and small fish), which are essential to maintain the food chain;
(e)
Increase stream bank stability and maintain natural fluvial geomorphology
of the stream system, thereby reducing stream bank erosion and sedimentation
and protecting habitat for aquatic organisms;
(f)
Maintain base flows in streams and moisture in wetlands;
(g)
Control downstream flooding; and
(h)
Conserve the natural features important to land and water resources,
e.g., headwater areas, groundwater recharge zones, floodways, floodplains,
springs, streams, wetlands, woodlands, and prime wildlife habitats.
(2)
ACID-PRODUCING SOILS
CATEGORY ONE WATER(s)
DISTURBANCE
HUC-14 WATERSHED
IMPERVIOUS SURFACE
REDEVELOPMENT
RIPARIAN ZONE
STEEP SLOPES
THREATENED OR ENDANGERED SPECIES
TROUT MAINTENANCE WATER
TROUT PRODUCTION WATER
Definitions. For the purposes of interpreting and administering the riparian zone provisions in this Subsection H, the following definitions shall apply:
Soils that contain geologic deposits of iron sulfide minerals
(pyrite and marcasite) which, when exposed to oxygen from the air
or from surface waters, oxidize to produce sulfuric acid. Acid-producing
soils, upon excavation, generally have a pH of 4.0 or lower. After
exposure to oxygen, these soils generally have a pH of 3.0 or lower.
Information regarding the location of acid-producing soils in New
Jersey can be obtained from local Soil Conservation District offices.
Waters designated as "C1 waters" in the Surface Water Quality
Standards, N.J.A.C. 7:9B.
The placement of impervious surface, the exposure or movement
of soil or bedrock, or the clearing, cutting, or removing of vegetation.
An area within which water drains to a particular receiving
surface water body, also known as a "subwatershed," which is identified
by a fourteen-digit hydrologic unit boundary designation, delineated
within New Jersey by the United States Geological Survey.
Any structure, surface, or improvement that reduces or prevents
absorption of stormwater into land, and includes porous paving, paver
blocks, gravel, crushed stone, decks, patios, elevated structures,
and other similar structures, surfaces, or improvements.
The construction of structures or improvements on areas which
previously contained structures or other improvements.
The land and vegetation within and directly adjacent to all
surface waters, including, but not limited to, lakes, ponds, reservoirs,
perennial and intermittent streams, up to and including their point
of origin, such as seeps and springs, as shown the New Jersey Department
of Environmental Protection’s GIS hydrography coverages.
Any slope equal to or greater than 20% as measured over any
minimum run of 10 feet.
Species designated as "threatened" or "endangered" on the
list defining the status of indigenous nongame wildlife species of
New Jersey, promulgated pursuant to the Endangered and Nongame Species
Conservation Act, N.J.S.A. 23:2A-1 et seq., at N.J.A.C. 7:25-4.17.
"Endangered species" also includes any species or subspecies of wildlife
appearing on any federal endangered species list pursuant to the Endangered
Species Act of 1973, 16 U.S.C. § 1531 et seq.
A section of water designated as trout maintenance in the
New Jersey Department of Environmental Protection’s Surface
Water Quality Standards at N.J.A.C. 7:9B.
A section of water identified as trout production in the
New Jersey Department of Environmental Protection’s Surface
Water Quality Standards at N.J.A.C. 7:9B.
(3)
Delineation
of riparian buffer zones. The riparian zones and their widths within
the Village of Ridgewood shall be as follows:
(a)
The riparian zone is 300 feet wide along both sides of any Category
One water, and all upstream tributaries situated within the same HUC-14
watershed;
(b)
The riparian zone is 150 feet wide along both sides of the following waters not identified in Subsection H(3)(a) above:
[1]
Any trout production water and all upstream waters (including tributaries);
[2]
Any trout maintenance water and all upstream waters (including tributaries)
within one linear mile as measured along the length of the regulated
water;
[3]
Any segment of a water flowing through an area that contains documented
habitat for a threatened or endangered species of plant or animal,
which is critically dependent on the regulated water for survival,
and all upstream waters (including tributaries) within one linear
mile as measured along the length of the regulated water; and
[4]
Any segment of a water flowing through an area that contains acid-producing
soils.
(d)
The portion of the riparian zone that lies outside of a surface water
is measured landward from the top of bank. If a discernible bank is
not present along a surface water, the portion of the riparian zone
outside the surface water is measured landward as follows:
[1]
Along a linear fluvial water, such as a stream or swale, the riparian
zone is measured landward of the feature’s center line;
[2]
Along a nonlinear fluvial water, such as a lake or pond, the riparian
zone is measured landward of the normal water surface limit;
[3]
Along an amorphously shaped feature, such as a wetland complex, through
which a water flows but which lacks a definable channel, the riparian
zone is measured landward of the feature’s center line.
(e)
For areas adjacent to surface water bodies for which the floodway has been delineated per the Flood Hazard Area Control Act rules at N.J.A.C. 7:13-3 or the state’s adopted floodway delineations, the riparian zone shall cover the entire floodway area or the area described in Subsection H(3)(a) or (b) above, whichever area has the greatest extent.
(f)
The applicant shall be responsible for the initial determination
of the presence and extent of a riparian zone on a site and for identifying
the area on any plan submitted to the Village of Ridgewood. The applicant’s
initial determination shall be subject to review and approval by the
Village Engineer, Construction Official, Planning Board, Board of
Adjustment or Village Council, as applicable, or their appointed representatives,
and, where required, by the New Jersey Department of Environmental
Protection.
(4)
Applicability.
A riparian zone is an overlay to the existing zoning districts. The
provisions of the underlying district shall remain in full force except
where the provisions of the riparian zone differ from the provisions
of the underlying district, in which case the provision that is more
restrictive shall apply. These provisions apply to land disturbances
resulting from or related to any activity or use requiring a construction
permit, zoning permit, soil movement permit, retaining wall permit,
site plan, subdivision or variance or to any disturbance within or
adjacent to a riparian zone. Compliance with the requirements of this
subsection shall not relieve any person from the requirement to obtain
any and all other approvals that may be required from other governmental
agencies, including but not limited to the Department of Environmental
Protection.
(5)
Regulated activities. No new construction, development, use, activity, encroachment, or structure shall take place in a riparian zone, and riparian zones shall be protected from avoidable disturbance, except as otherwise permitted below or as may be excepted in Subsection H(6) below, except as specifically authorized in this section.
(a)
Uses permitted in riparian zones. Riparian zone areas shall remain
in a natural condition or, if in a disturbed condition, including
agricultural activities, at the time of adoption of these riparian
zone regulations, may be restored to a natural condition. There shall
be no clearing or cutting of trees and brush, except for removal of
dead vegetation and pruning for reasons of public safety or for the
replacement of invasive species with indigenous species. There shall
be no altering of watercourses, dumping of trash, soil, dirt, fill,
vegetative or other debris, regrading or construction. The following
uses are permitted either by right or after review and approval by
the Village and/or other governmental entities in riparian zones,
as set forth elsewhere in this chapter or as otherwise required by
law:
[1]
Open space uses that are primarily passive in character shall be
permitted by right to extend into a riparian zone, provided that near
stream vegetation is preserved. Such uses include wildlife sanctuaries,
nature preserves, forest preserves and similar uses operated for the
protection and propagation of wildlife, but excluding structures.
Such uses also include passive recreation areas of public and private
parklands, including unpaved hiking, bicycle and bridle trails, provided
that said trail have been stabilized with pervious materials.
[2]
Fences, for which a permit has been issued by the Construction Code
Official, to the extent required by applicable law, rule or regulation.
[3]
Crossings by recreational trails, roads, railroads, stormwater lines,
sanitary sewer lines, water lines and public utility transmission
lines, provided that the land disturbance is the minimum required
to accomplish the permitted use, subject to approval by the Zoning
Officer, Planning Board or Board of Adjustment, as applicable, Village
Council and/or other governmental agency having jurisdiction, provided
that any applicable state permits are acquired, and provided that
the area of the crossing is stabilized against significant erosion
due to its use as a crossing.
[4]
Stream bank stabilization or riparian reforestation or wetlands mitigation
projects that have been approved by the New Jersey Department of Environmental
Protection.
(b)
Performance standards for riparian zones. The following conditions
shall apply:
[1]
All development shall be designed to provide sufficient areas outside
of the riparian zone to accommodate primary structures, any normal
accessory uses appurtenant thereto, as well as all planned lawn areas.
[2]
All stormwater shall be discharged outside of but may flow through
a riparian zone and shall comply with the Standard for Off-Site Stability
in the "Standards for Soil Erosion and Sediment Control in New Jersey,"
established under the Soil Erosion and Sediment Control Act, N.J.S.A.
4:24-39 et seq. (see N.J.A.C. 2:90-1.3). If stormwater discharged
outside of and flowing through a riparian zone cannot comply with
the Standard for Off-Site Stability, then the proposed stabilization
measures must meet the requirements of the Flood Hazard Area Control
Act rules at N.J.A.C. 7:13-10.2 et seq. and have an approved flood
hazard area permit.
[3]
When disturbance is permitted within a riparian zone, such disturbance
shall be restored with the planting of vegetation. The restoration
plantings shall be comprised of native and noninvasive tree and plant
species to the maximum extent practicable.
(c)
Nonconforming structures and uses in riparian zones. Nonconforming
structures and uses of land within the riparian zone are subject to
the following requirements:
[1]
Legally existing nonconforming structures or uses may be continued,
unless such uses or structures have been abandoned.
[2]
Encroachment within the riparian zone shall only be allowed where
previous development or disturbance has occurred and shall be in conformance
with the Stormwater Management rules, N.J.A.C. 7:8, and the Flood
Hazard Area Control Act rules, N.J.A.C. 7:13.
[3]
Existing impervious cover shall not be increased within the riparian
zone as a result of encroachments where previous development or disturbances
have occurred.
(d)
Uses prohibited in riparian zones. Any use or activity not specifically authorized by this Subsection H shall be prohibited within the riparian zone. By way of example, the following activities and facilities are prohibited:
[1]
Removal or clear-cutting of trees and other vegetation or soil disturbance
such as grading, except for selective vegetation removal for the purpose
of stream or riparian area stabilization or restoration projects that
require vegetation removal or grading prior to implementation.
[2]
Storage of any hazardous or noxious materials.
[3]
Use of fertilizers, pesticides, herbicides, and/or other chemicals not in compliance with Chapter 187 of the Village Code, in excess of prescribed industry standards or contrary to the recommendations of the Soil Conservation District.
[6]
Parking lots.
[7]
Any type of permanent structure, except structures needed for a use permitted by this Subsection H.
[8]
New subsurface sewage disposal system areas. The expansion and replacement
of existing subsurface sewage disposal system areas for existing uses
is permitted.
(6)
Exceptions.
The disturbance of riparian buffer zones shall only be permitted for
the following activities. Determination of the following exceptions
shall be made by the reviewing agency, with the applicant having the
burden of proof.
(a)
Redevelopment within the limits of impervious surfaces existing on the effective date of Ordinance No. 3225 (adopting this Subsection H);
(b)
New disturbance necessary to protect the public health, safety or
welfare, such as but not limited to necessary linear development for
access or utilities when no feasible alternative exists to such disturbance;
(c)
New disturbance necessary to provide an environmental benefit, such
as but not limited to remediation of a contaminated site;
(d)
New disturbance necessary to prevent extraordinary hardship on the
property owner peculiar to the property; or
(e)
New disturbance necessary to prevent extraordinary hardship, provided
that the hardship was not created by the property owner. For purposes
of interpreting and administering this provision, "extraordinary hardship"
shall be construed to mean that the steep slope disturbance is necessary
to provide a minimal economically viable use of the property based
upon reasonable investment.
I.
Privately
owned deicing material storage facilities.
[Added 9-13-2023 by Ord. No. 3962]
(1)
Purpose. The purpose of this subsection is to prevent stored
salt and other solid deicing materials from being exposed to rainwater,
which can result in runoff contamination entering the storm water
collection system. This subsection establishes requirements for the
storage of salt and other solid deicing materials on private properties
in the Village of Ridgewood, including residences, to protect the
environment, public health, safety and welfare, and to prescribe penalties
for failure to comply.
(2)
DEICING MATERIALS
IMPERVIOUS SURFACE
PERMANENT STRUCTURE
(a)
(b)
(c)
(d)
(e)
PERSON
RESIDENT
STORM DRAIN INLET
Definitions. For the purpose of this subsection, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this Chapter clearly
demonstrates a different meaning. When consistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
Any granular or solid material such as melting salt or any
other granular solid that assists in the melting of snow and/or ice.
Any surface that has been covered with a layer of material
so that it is highly resistant to infiltration by water.
A permanent building or permanent structure that is anchored
to a permanent foundation with an impermeable floor, and that is completely
roofed and walled (new structures shall require a door or other means
of sealing the access way from wind driven rainfall). A fabric frame
structure is a permanent structure if it meets the following specifications:
Concrete blocks, jersey barriers or other similar material shall
be placed around the interior of the structure to protect the side
walls during loading and unloading of deicing materials;
The design shall prevent storm water run-on and run-through,
and the fabric cannot leak;
The structure shall be erected on an impermeable slab;
The structure cannot be open sided; and
The structure shall have a roll up door or other means of sealing
the access way from wind-driven rainfall.
Any individual, corporation, company, entity, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
A person who resides on a residential property where deicing
material is stored.
The point of entry into the storm sewer collection system.
(3)
Deicing material storage requirements.
(a)
Temporary outdoor storage of deicing materials in accordance
with the requirements below is allowed between October 15 and April
15.
[1]
Loose materials shall be placed on a flat, impervious surface
in a manner that prevents stormwater run-through;
[2]
Loose materials shall be placed at least 50 feet from surface
water bodies, storm drain inlets, ditches and/or other stormwater
conveyance channels;
[3]
Loose materials shall be maintained in a cone-shaped storage
pile. If loading or unloading activities alter the cone-shape during
daily activities, tracked materials shall be swept back into the storage
pile, and the storage pile shall be reshaped into a cone after use;
[4]
Loose materials shall be covered as follows:
[a]
The cover shall be waterproof, impermeable, and
flexible;
[b]
The cover shall extend to the base of the pile(s);
[c]
The cover shall be free from holes or tears;
[d]
The cover shall be secured and weighed down around
the perimeter to prevent removal by wind; and
[e]
Weights shall be placed on the cover(s) in such
a way that minimizes the potential of exposure as materials shift
and runoff flows down to the base of the pile.
[i]
Sandbags lashed together with rope or cable and placed uniformly
over the flexible cover, or poly-cord nets, provide a suitable method.
Items that can potentially hold water (e.g., old tires) shall not
be used.
[5]
Containers must be sealed when not in use; and
[6]
The site shall be free of all deicing materials between April
16 and October 14.
(b)
Deicing materials should be stored in a permanent structure
if a suitable storage structure is available. For storage of loose
deicing materials in a permanent structure, such storage may be permanent,
and thus not restricted to October 15 through April 15.
(c)
All such temporary and/or permanent structures must also comply
with any and all other Village of Ridgewood ordinances, including
building and zoning regulations.
(d)
The property owner, or owner of the deicing materials, if different,
shall designate a person(s) responsible for operations at the site
where these materials are stored outdoors, and who shall document
that weekly inspections are conducted to ensure that the conditions
of this subsection are met. Inspection records shall be kept on site
and made available to the municipality upon request.
[1]
Residents who operate businesses from their homes that utilize
deicing materials are required to perform weekly inspections.
(4)
Exemptions.
(a)
Residents may store deicing materials outside in a solid-walled,
closed container that prevents precipitation from entering and exiting
the container, and which prevents the deicing materials from leaking
or spilling out. Under these circumstances, weekly inspections are
not necessary, but repair or replacement of damaged or inadequate
containers shall occur within two weeks.
(b)
If containerized (in bags or buckets) deicing materials are stored within a permanent structure, they are not subject to the storage and inspection requirements in Subsection I(3) above. Piles of deicing materials are not exempt, even if stored in a permanent structure.
(c)
This ordinance does not apply to facilities where the stormwater
discharges from deicing material storage activities are regulated
under another NJPDES permit.
(5)
Enforcement. This ordinance shall be enforced by the Village
of Ridgewood Police Department, the Village of Ridgewood Director
of the Department of Public Works or their designee, the Village of
Ridgewood Code Enforcement Officer, and any individuals so designated
by the Village Manager.
(6)
Violations and penalties. Any person(s) found to be in violation
of the provisions of this subsection shall have 72 hours to complete
corrective action. Repeat violations and/or failure to complete corrective
action shall result in fines.
All parking areas required by this section shall
be devoted exclusively to parking of motor vehicles so long as the
principal building or use which requires such parking areas continues
in existence. No commercial repair or sales, including the sale or
rental of new or used motor vehicles by a new or used car dealer or
motor vehicle rental agency, nor any storage in connection with the
same, shall be permitted within a required parking area. The following
provisions shall apply:
A.
Number of parking spaces. Off-street parking and loading
spaces shall be provided for all uses in accordance with the following
standards. Calculations of fractional spaces for residential uses
shall be rounded off to the next-highest whole number if the fraction
is greater than 0.5 space and to the next-lowest whole number if the
fraction is less. Calculations of any fractional spaces for nonresidential
uses shall be rounded off to the next-highest whole number. On any
properties containing more than one building or use, the calculation
of required parking shall be made separately and cumulatively, except
as may be provided otherwise by this chapter or other applicable law.
[Amended 6-13-2012 by Ord. No. 3343]
(1)
The minimum number of parking spaces for single-family or two-family
dwellings shall be as required by the New Jersey Residential Site
Improvement Standards, N.J.A.C. 5:21-1.1 et seq., summarized below
(please refer to the standards for the full text):
|
Bedrooms in Unit
|
Minimum Number of Parking Spaces Per Unit
| |
|---|---|---|
|
2
|
1.5
| |
|
3
|
2.0
| |
|
4
|
2.5
| |
|
5
|
3.0
|
|
NOTE: Of the required number of spaces in the above table, there
shall be a minimum of one garage space for each dwelling unit. Such
garages shall be a minimum of 20 feet in depth.
|
(2)
The minimum number of parking spaces for single-family attached dwelling
units or multifamily dwelling units shall be as required by the New
Jersey Residential Site Improvement Standards, N.J.A.C. 5:21-1.1 et
seq., summarized below (please refer to the standards for the full
text):
|
Housing Unit Type – Bedrooms in Unit
|
Minimum Number of Parking Spaces Per Unit
| |
|---|---|---|
|
Garden apartment or mid-rise apartment
| ||
|
1
|
1.8
| |
|
2
|
2.0
| |
|
3
|
2.1
| |
|
Single-family attached (townhouse)
| ||
|
1
|
1.8
| |
|
2
|
2.3
| |
|
3
|
2.4
|
|
NOTE: Of the required number of spaces in the above table, at
least one of every three required spaces shall be located within a
garage, and at least one of every three required spaces shall be located
outside of any building.
|
(3)
Nonresidential uses shall provide the minimum number of off-street
parking spaces as set forth in the following table:
[Amended 2-8-2017 by Ord.
No. 3579[1]]
(a)
Houses of worship in any zone: one off-street parking space
for every five seats of capacity available for use at the same time,
or one space per 75 square feet of gross floor area available for
use at the same time, whichever is greater. In instances where pews,
bleachers, benches or similar group seating that does not consist
of individual seats is employed, each 24 inches of seating platform
length shall be considered a "seat" for purposes of determining the
minimum number of parking spaces.
(b)
Schools providing academic instruction for children between
the grades kindergarten through 12 in any zone: one off-street parking
space for every four students in attendance at one time, based upon
the maximum licensed capacity of the school.
(c)
Public utility facilities permitted by this chapter: one off-street
parking space for each employee or staff person present at the normal
peak staffing period of the facility.
(d)
Other nonresidential uses:
|
Zone District(s)
|
Minimum Parking Spaces
| |
|---|---|---|
|
T
|
1 per each 200 square feet of gross floor area
| |
|
B-2, O-B2
|
1 per each 200 square feet of gross floor area, or 1 per each
250 square feet of gross floor area when parking is shared by two
or more abutting uses
| |
|
C, H, HC, P, P-2 and in residential zone districts
|
1 per each 250 square feet of gross floor area
| |
|
OB-1
|
1 per each 250 square feet of gross floor area for buildings
having a gross floor area up to 50,000 square feet, and 1 per each
300 square feet of gross floor area for buildings having a gross floor
area greater than 50,000 square feet
| |
|
B-1, NWSR
|
1 per each 300 square feet of gross floor area
|
[1]
Editor's Note: This ordinance also repealed former Subsection
A(4) through (8), which immediately followed this subsection.
B.
Parking for disabled persons. In any parking lot designed
to accommodate the public, a minimum number of designated parking
spaces accessible to disabled persons shall be required as follows:
|
Total Parking Spaces in Lot
|
Required Number of Accessible Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
2% of total
| |
|
501 to 1,000
|
20, plus 1 for each 100 over 1,000
|
C.
Shared parking. In the B-1, B-2, OB-1, OB-2, C, HC,
P and P2 Districts, the required parking provisions of this section
may be met by participating in a joint parking program involving two
or more nonresidential uses; provided, however, that plans for such
a joint program shall have been approved by the Board or the Site
Plan Exemption Committee, as applicable, and subject to the following:
[Amended 4-7-2010 by Ord. No. 3242; 6-13-2012 by Ord. No. 3343]
(1)
The
area for the parking facilities shall equal the collective parking
area requirements of the participating properties to be served.
(2)
The provisions of § 190-121F(1) shall be complied with.
(3)
The
parking areas shall be devoted exclusively to parking and no other
use so long as the principal building or use which makes such parking
areas necessary shall continue in existence.
D.
Number of loading spaces. For any nonresidential use
involving manufacturing, storage, display of goods, retail or wholesale
sales or warehousing, market, hospital for humans, laundry, dry cleaning
establishment or other use similarly requiring the receipt or distribution
of materials or merchandise, there shall be provided and maintained
on the same premises with such use at least one off-street loading
space.
E.
Exemptions; reserve parking and loading. If any applicant can clearly demonstrate to the Board that, because of the nature of his operation or use, the parking requirements of Subsection A above are unnecessary or excessive, the Board shall have the power to approve a site plan showing less paved parking area than is required by this section; provided, however, that a landscaped area of sufficient size to meet the deficiency shall be set aside and reserved for the purposes of meeting future off-street parking and loading requirements in the event that a change of use of the premises shall make such additional off-street parking or loading spaces necessary.
F.
Location of parking and loading areas.
(1)
For residential uses, all off-street parking facilities
shall be located on the same lot with the building they are serving.
For nonresidential uses, all off-street parking facilities shall be
located on the same lot with the building they are serving or on other
property owned, leased or shared by the applicant, provided that the
following are complied with:
(2)
The required yard locations and setbacks for off-street
parking and loading areas are set forth below, provided that where
shared parking arrangements are permitted by this chapter, no minimum
setback for parking areas shall be required where shared parking areas
abut one another at the property line.
(a)
In all R-125, R-110, R-1, R-2 and R-3 Districts
and in other districts, vehicle parking for single-family detached
and two-family dwelling units shall be permitted in any yard, but
shall be prohibited in the front yard area except on the driveway.
(b)
In the R-1A and R-2A Districts, parking areas
serving single-family attached or multifamily residences permitted
as a conditional use may be located in any yard pursuant to a plan
approved by the Board.
(c)
In the R-4 and R-5 Districts, parking areas
may be located in the side or rear yard.
[Amended 4-7-2010 by Ord. No. 3242]
(d)
In the R-7 District, parking areas may be located
in any yard. Parking areas located in the front yard shall be set
back at least 25 feet from the front lot line.
(e)
In the B-1, B-2, C, P and P-2 Zone Districts,
parking areas are permitted in the front, side or rear yards. Parking
areas in the front yard shall be set back from the front lot line
at least 1/2 of the minimum required front yard setback. In the B-1,
B-2, P and P-2 Zones, all parking areas in any yard shall be set back
at least five feet from all other lot lines, except where such parking
areas are connected with other parking areas as part of a shared parking
facility as permitted by this section.
(f)
In the OB-1 Zone District, parking areas permitted
in the front, side and rear yards. Parking areas in the front yard
shall be set back from the front lot line at least 12 feet, or 14
feet where vehicle overhangs are provided along the periphery of a
parking area. Parking areas in the side yard shall be set back at
least five feet from any building. Parking areas in the rear yard
shall be set back at least 25 feet from any abutting residential zone
district boundary line, provided that where a solid unpierced masonry
wall is constructed as permitted by this chapter, the parking area
need only be set back from the wall at least five feet, or seven feet
where vehicles overhang the periphery of the parking area.
(g)
In the OB-2 Zone District, parking areas are
permitted in the side or rear yards and shall be set back at least
five feet from the side and rear lot lines.
(h)
In the H Zone District, parking areas shall
be permitted in the front, side and rear yards, and shall be set back
at least 15 feet from all lot lines, except when adjacent to a residential
zone as otherwise provided in the H District regulations.
(i)
In the T Zone District, parking areas shall be permitted in the front and side yards. Parking areas shall be set back at least 20 feet from the front lot line, and at least five feet from all other lot lines; provided, however, in the circumstances described in § 190-118B(5) above, parking areas shall be set back at least 10 feet from a front lot line that is located on the opposite side of the street from a property used for residential purposes, at least two feet from a front lot line that is located on the opposite side of the street from a property used for nonresidential purposes, and at least 24 feet from all other lot lines.
[Amended 7-16-2003 by Ord. No. 2830]
(j)
Loading areas shall be located on the same property
as the use to which they are accessory and shall be located in the
side or rear yard. Loading spaces shall be set back at least five
feet from any side or rear lot line or shall comply with the required
setback for parking areas, whichever is more restrictive. A loading
space may be located in a parking area in the side or rear yard, provided
that the loading and parking movements and operations do not interfere
with each other.
[Amended 6-10-1997 by Ord. No. 2606; 6-13-2012 by Ord. No.
3343]
(k)
In the HC Zone District, parking areas shall be permitted in
any yard but shall be located at least the following distances from
lot lines and street rights-of-way:
[Added 6-13-2012 by Ord. No. 3343]
G.
Driveways.
(1)
No driveway shall be permitted to serve any use other than the permitted use on the lot upon which such driveway is located, except when such driveway is part of a joint parking facility permitted by § 190-121C or such driveway is located in the T Zone District and services a lot in an abutting nonresidential district. Driveways serving garden apartments in the R-4 Zone shall be located in the same R-4 Zone.
[Amended 4-7-2010 by Ord. No. 3242]
(2)
Entrances to and exits from parking and loading areas
and other driveways for nonresidential uses shall be located no closer
than 10 feet from any property located in a residential zone, or such
greater setback required for parking areas or by buffer requirements,
whichever is most restrictive, measured from the property line to
the curb face or edge of pavement of the driveway, excluding curb
returns at entrances.
[Amended 6-13-2012 by Ord. No. 3343]
(3)
In all R-125, R-110, R-1, R-2 and R-3 Zone Districts
and in any district where a lot is used for a single-family detached
or two-family dwelling, no driveway shall have a width exceeding 1/5
of the width of such lot, up to a maximum width of 25 feet; provided,
however, that where otherwise lawful, no driveway shall be required
to be fewer than 10 feet wide. On corner lots, the lot width used
for making the above calculation shall be that side of the lot through
which the driveway provides access to the street.
[Amended 6-10-1997 by Ord. No. 2606]
(4)
All developments shall comply with the standards of
the state highway access management code adopted by the Commissioner
of the Transportation in the case of a state highway, with the standards
of any access management code adopted by the county in the case of
a county road or highway, and with the standards of any Village access
management code adopted in the case of a Village street or highway.
[Added 12-8-2021 by Ord.
No. 3879]
A.
Purpose. The purpose of this section is to promote and encourage
the use of electric vehicles by requiring the safe and efficient installation
of EVSE and make-ready parking spaces through municipal parking regulations
and other standards. EVSE and make-ready parking spaces will support
the state's transition to an electric transportation sector, reducing
automobile air pollution, greenhouse gas emissions, and stormwater
runoff contaminants. The goals are to:
(1)
Provide adequate and convenient EVSE and make-ready parking
spaces to serve the needs of the traveling public.
(2)
Provide opportunities for residents to have safe and efficient
personal EVSE located at or near their place of residence.
(3)
Provide the opportunity for nonresidential uses to supply EVSE
to their customers and employees.
(4)
Create standard criteria to encourage and promote safe, efficient,
and cost-effective electric vehicle charging opportunities in all
zones and settings for convenience of service to those that use electric
vehicles.
B.
CHARGING LEVEL
(1)
(2)
(3)
ELECTRIC VEHICLE
ELECTRIC VEHICLE SUPPLY/SERVICE EQUIPMENT or EVSE
MAKE-READY PARKING SPACE
PRIVATE EVSE
PUBLICLY ACCESSIBLE EVSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The amount of voltage provided to charge an electric vehicle
varies depending on the type of EVSE as follows:
Level 1 operates on a fifteen- to twenty-amp breaker on a 120-volt
AC circuit.
Level 2 operates on a forty- to 100-amp breaker on a 208- or
240-volt AC circuit.
Level 3: Direct-current fast charger (DCFC) operates on a sixty-amp
or higher breaker on a 480-volt or higher three-phase circuit with
special grounding equipment. DCFC stations can also be referred to
as rapid charging stations that are typically characterized by industrial-grade
electrical outlets that allow for faster recharging of electric vehicles.
Any vehicle that is licensed, insured, and registered for
operation on public and private highways, roads, and streets; and
operates either partially or exclusively using an electric motor powered
by an externally charged on-board battery.
The equipment, including the cables, cords, conductors, connectors,
couplers, enclosures, attachment plugs, power outlets, power electronics,
transformer, switchgear, switches and controls, network interfaces,
point of sale equipment, and associated apparatus designed and used
for the purpose of transferring energy from the electric supply system
to a plug-in electric vehicle. EVSES may deliver either alternating
current or, consistent with fast charging equipment standards, direct
current electricity. "EVSE" is synonymous with "electric vehicle charging
station."
The pre-wiring of electrical infrastructure at a parking
space, or set of parking spaces, to facilitate easy and cost-efficient
future installation of electric vehicle supply equipment or electric
vehicle service equipment, including, but not limited to, Level Two
EVSE and direct-current fast chargers. Make ready includes expenses
related to service panels, junction boxes, conduit, wiring, and other
components necessary to make a particular location able to accommodate
electric vehicle supply equipment or electric vehicle service equipment
on a "plug and play" basis. "Make-ready" is synonymous with the term
"charger ready," as used in P.L. 2019, c. 362 (N.J.S.A. 48:25-1 et
seq.).
EVSE that has restricted access to specific users (e.g.,
single- and two-family homes, executive parking fleet parking with
no access to the general public).
EVSE that is publicly available (e.g., park and ride, public
parking lots and garages, on-street parking, shopping center parking,
nonreserved parking in multi-family parking lots, etc.).
C.
Approvals and permits.
(1)
An application for development submitted solely for the installation
of EVSE or make-ready parking spaces shall be considered a permitted
accessory use and permitted accessory structure in all zoning or use
districts in the Village of Ridgewood and shall not require a variance
pursuant to N.J.S.A. 40:55D-70.
(3)
All EVSE and make-ready parking spaces shall be subject to applicable
local and/or Department of Community Affairs permit and inspection
requirements.
(4)
As per § 190-134, Power to enforce, the Zoning Officer or Village Engineer and Public Works Director or their designee, as applicable, shall enforce all signage and installation requirements described in this section. Failure to meet the requirements in this section shall be subject to the same enforcement and penalty provisions as other violations of the Village of Ridgewood's land development regulations.
(5)
An application for development for the installation of EVSE
or make-ready spaces at an existing gasoline service station, an existing
retail establishment, or any other existing building shall not be
subject to site plan or other land use board review, shall not require
variance relief pursuant to N.J.S.A. 40:55D-1 et seq. or any other
law, rule, or regulation, and shall be approved through the issuance
of a zoning permit by the administrative officer, provided the application
meets the following requirements:
(a)
The proposed installation does not violate bulk requirements
applicable to the property or the conditions of the original final
approval of the site plan or subsequent approvals for the existing
gasoline service station, retail establishment, or other existing
building;
(b)
All other conditions of prior approvals for the gasoline service
station, the existing retail establishment, or any other existing
building continue to be met; and
(c)
The proposed installation complies with the construction codes
adopted in or promulgated pursuant to the "State Uniform Construction
Code Act," P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), any safety
standards concerning the installation, and any State rule or regulation
concerning electric vehicle charging stations.
(6)
An application pursuant to Subsection C(5), above, shall be deemed complete if:
(a)
The application, including the permit fee and all necessary
documentation, is determined to be complete;
(b)
A notice of incompleteness is not provided within 20 days after
the filing of the application; or
(c)
A one-time written correction notice is not issued by the Zoning
Officer, or the individual in the capacity of acting Zoning Officer
within 20 days after filing of the application detailing all deficiencies
in the application and identifying any additional information explicitly
necessary to complete a review of the permit application.
(7)
EVSE and make-ready parking spaces installed at a gasoline service
station, an existing retail establishment, or any other existing building
shall be subject to applicable local and/or New Jersey Department
of Community Affairs inspection requirements.
(8)
A permitting application solely for the installation of electric
vehicle supply equipment permitted as an accessory use shall not be
subject to review based on parking requirements.
D.
Requirements for new installation of EVSE and make-ready parking
spaces.
(1)
As a condition of preliminary site plan approval, for each application
involving a multiple dwelling with five or more units of dwelling
space, which shall include a multiple dwelling that is held under
a condominium or cooperative form of ownership, a mutual housing corporation,
or a mixed-use development, the developer or owner, as applicable,
shall:
(a)
Prepare as make-ready parking spaces at least 15% of the required
off-street parking spaces, and install EVSE in at least 1/3 of the
15% of make-ready parking spaces;
(b)
Within three years following the date of the issuance of the
certificate of occupancy, install EVSE in an additional 1/3 of the
original 15% of make-ready parking spaces; and
(c)
Within six years following the date of the issuance of the certificate
of occupancy, install EVSE in the final 1/3 of the original 15% of
make-ready parking spaces.
(d)
Throughout the installation of EVSE in the make-ready parking
spaces, at least 5% of the electric vehicle supply equipment shall
be van-accessible for people with disabilities.
(e)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
|
Minimum Number of Required Make-Ready Parking Spaces
For Uses Listed in Subsection D(1), above
Quick Reference Table
| |
|---|---|
|
Minimum Number of Make-Ready Spaces
|
Minimum EVSE Installations
|
|
15% of the required off-street parking spaces
|
Install EVSE in at least 1/3 of the 15% make-ready spaces
|
|
Within 3 years of the original C of O
|
Install EVSE in an additional 1/3 of the 15% make-ready spaces
|
|
Within 6 years of the original C of O
|
Install EVSE in the final 1/3 of the 15% make-ready spaces
|
|
Throughout the installation of EVSE in the make-ready parking
spaces
|
At least 5% of the installed EVSE equipment shall be ADA accessible
|
(2)
As a condition of preliminary site plan approval, each application involving a parking lot or garage not covered in Subsection D(1) above shall:
(a)
Install at least one make-ready parking space if there will
be 50 or fewer off-street parking spaces.
(b)
Install at least two make-ready parking spaces if there will
be 51 to 75 off-street parking spaces.
(c)
Install at least three make-ready parking spaces if there will
be 76 to 100 off-street parking spaces.
(d)
Install at least four make-ready parking spaces, at least one
of which shall be accessible for people with disabilities, if there
will be 101 to 150 off-street parking spaces.
(e)
Install at least 4% of the total parking spaces as make-ready
parking spaces, at least 5% of which shall be accessible for people
with disabilities, if there will be more than 150 off-street parking
spaces.
(f)
In lieu of installing make-ready parking spaces, a parking lot
or garage may install EVSE to satisfy the requirements of this subsection.
(g)
Nothing in this subsection shall be construed to restrict the
ability to install electric vehicle supply equipment or make-ready
parking spaces at a faster or more expansive rate than as required
above.
(h)
Notwithstanding the provisions of Subsection D above, a retailer that provides 25 or fewer off-street parking spaces or the developer or owner of a single-family home shall not be required to provide or install any electric vehicle supply equipment or make-ready parking spaces.
|
Minimum Number of Required Make-Ready Parking Spaces
For Uses Not Covered in Subsection D(1) above
Quick Reference Table
| |
|---|---|
|
Total Number of Parking Spaces Provided
|
Minimum Number of Make-Ready Parking Spaces
|
|
< 25 spaces
|
0 spaces
|
|
26-50 spaces
|
1 space
|
|
51-75 spaces
|
2 spaces
|
|
76-100 spaces
|
3 spaces
|
|
101-150 spaces
|
4 spaces with at least 1 ADA accessible space
|
|
> 150 spaces
|
4% of total parking spaces with at least 5% of those to be ADA
accessible
|
(3)
Performance guarantees required for phased implementation.
(b)
Implementation of all required EVSE spaces is encouraged to
be completed commensurate with the improvements associated with the
issuance of certificate of occupancy. Projects that choose to follow
the phasing plan will be required to install the minimum EVSE and
make-ready spaces and post bounds for the aboveground electric vehicle
supply equipment or electric vehicle service equipment required for
the project, including, but not limited to, Level Two EVSE and direct-current
fast chargers, and installation costs.
E.
Minimum parking requirements.
(1)
All parking spaces with EVSE and make-ready equipment shall be included in the calculation of minimum required parking spaces. Minimum required spaces, including EVSE and make-ready spaces can be found in § 190-121 of the Ridgewood Land Use and Development regulations.
(2)
A parking space prepared with EVSE or make-ready equipment shall
count as two parking spaces for the purpose of complying with a minimum
parking space requirement. This shall result in a reduction of no
more than 10% of the total required parking.
(3)
All parking space calculations for EVSE and make-ready equipment
shall be rounded up to the next full parking space.
F.
Standards for all new EVSE and make-ready parking spaces.
(1)
Location and layout of EVSE and make-ready parking spaces is
expected to vary based on the design and use of the primary parking
area. It is expected flexibility will be required to provide the most
convenient and functional service to users. Standards and criteria
should be considered and flexibility should be allowed when alternatives
can better achieve objectives for provision of this service.
(2)
Installation:
(a)
Installation of EVSE and make-ready parking spaces shall meet
the electrical subcode of the Uniform Construction Code, N.J.A.C.
5:23-3.16.
(b)
Each EVSE or make-ready parking space that is not accessible
for people with disabilities shall be not less than nine feet wide
or 18 feet in length. Exceptions may be made for existing parking
spaces or parking spaces that were part of an application that received
prior site plan approval.
(c)
To the extent practical, the location of accessible parking
spaces for people with disabilities with EVSE and make-ready equipment
shall comply with the general accessibility requirements of the Uniform
Construction Code, N.J.A.C. 5:23, and other applicable accessibility
standards.
(d)
Each EVSE or make-ready parking space that is accessible for
people with disabilities shall comply with the sizing of accessible
parking space requirements in the Uniform Construction Code, N.J.A.C.
5:23, and other applicable accessibility standards.
(3)
EVSE parking:
(a)
Publicly accessible EVSE shall be reserved for parking and charging
electric vehicles only. Electric vehicles shall be connected to the
EVSE. The use of time limits is optional and shall be determined by
the owner. Applicable time limits shall be available on the EVSE or
posted at or adjacent to the EVSE parking space.
(b)
Electric vehicles may be parked in any parking space designated
for parking, subject to the restrictions that would apply to any other
vehicle that would park in that space.
(c)
Public parking. Pursuant to NJSA 40:48-2, publicly accessible EVSE parking spaces shall be monitored by the Village's Police Department and enforced in the same manner as any other parking. It shall be a violation of this section to park or stand a nonelectric vehicle in such a space, or to park an electric vehicle in such a space when it is not connected to the EVSE. Any nonelectric vehicle parked or standing in a EVSE parking space or any electric vehicle parked and not connected to the EVSE shall be is subject to fine and/or impoundment of the offending vehicle as described in the general penalty provisions of the Village Code § 1-15, Violations and penalties. Signage indicating the penalties for violations shall comply with Subsection F(5), below. Any vehicle parked in such a space shall make the appropriate payment for the space and observe the time limit for the underlying parking area, if applicable.
(d)
Private parking. The use of EVSE shall be monitored by the property
owner or designee.
(4)
Safety design standards.
(a)
Each publicly accessible EVSE shall be located at a parking space that is designated for electric vehicles only and identified by green painted striping and/or curb markings, a green painted charging pictograph symbol, and appropriate signage pursuant to Subsection F(5) below.
(b)
Where EVSE is installed, adequate site lighting and landscaping
shall be provided in accordance with the Village of Ridgewood's ordinances
and regulations.
(c)
Adequate EVSE protection such as decorative concrete-filled
steel bollards shall be used for publicly accessible EVSE. Nonmountable
curbing may be used in lieu of bollards if the EVSE is setback a minimum
of 24 inches from the face of the curb. Any stand-alone EVSE bollards
shall be three to four feet high with concrete footings placed to
protect the EVSE from accidental impact and to prevent damage from
equipment used for snow removal.
(d)
EVSE outlets and connector devices shall be no less than 36 inches and no higher than 48 inches from the ground or pavement surface where mounted, unless in a Flood Hazard Area, then they shall be installed in accordance with the National Electrical Code (NEC). Outlets and connector devices shall contain a cord management system as described in Subsection F(4)(e) below. Equipment mounted on pedestals, lighting posts, bollards, or other devices shall be designated and located as to not impede pedestrian travel, create trip hazards on sidewalks, or impede snow removal.
(e)
Each EVSE shall incorporate a cord management system or method
to minimize the potential for cable entanglement, user injury, or
connector damage. Cords shall be retractable or have a place to hang
the connector and cord a safe and sufficient distance above the ground
or pavement surface. Any cords connecting the charger to a vehicle
shall be configured so that they do not cross a driveway, sidewalk,
or passenger unloading area.
(f)
Where EVSE is provided within a pedestrian circulation area,
such as a sidewalk or other accessible route to a building entrance,
the EVSE shall be located so as not to interfere with accessibility
requirements of the Uniform Construction Code, N.J.A.C. 5:23, and
other applicable accessibility standards.
(g)
Publicly accessible EVSEs shall be maintained in all respects,
including the functioning of the equipment. A twenty-four-hour on-call
contact shall be provided on the equipment for reporting problems
with the equipment or access to it. To allow for maintenance and notification,
the Village of Ridgewood shall require the owners/designee of publicly
accessible EVSE to provide the Office of the Village Clerk and the
Department of Public Works information on the EVSE's geographic location
(street address and lot/block designation), GPS coordinates, date
of installation, equipment type and model, and owner contact information.
(5)
Signs.
(a)
Publicly accessible EVSE shall have posted regulatory signs,
as identified in this section, allowing only charging electric vehicles
to park in such spaces. For purposes of this section, "charging" means
that an electric vehicle is parked at an EVSE and is connected to
the EVSE. If time limits or vehicle removal provisions are to be enforced,
regulatory signs including parking restrictions shall be installed
immediately adjacent to, and visible from, the EVSE. For private EVSE,
installation of signs and sign text is at the discretion of the owner.
(b)
All regulatory signs shall comply with visibility, legibility,
size, shape, color, and reflectivity requirements contained within
the Federal Manual on Uniform Traffic Control Devices (MUTCD) as published
by the Federal Highway Administration.
(c)
Way finding or directional signs, if necessary, shall be permitted at appropriate decision points to effectively guide motorists to the EVSE parking space(s). Wayfinding or directional signage shall be placed in a manner that shall not interfere with any parking space, drive lane, or exit and shall comply with Subsection F(5)(b) above.
(d)
In addition to the signage described above, the following information
shall be available on the EVSE or posted at or adjacent to all publicly
accessible EVSE parking spaces in readily eligible font and language:
[1]
Hour of operations and/or time limits if time limits
or tow-away provisions are to be enforced by the Village of Ridgewood
or owner/designee;
[2]
Usage fees and parking fees, if applicable; and
[3]
Contact information (telephone number) for reporting
when the equipment is not operating or other problems.
(6)
Usage fees.
(a)
For publicly accessible municipal EVSE: All municipal parking
fees shall apply to all EVSE and make-ready spaces.
(b)
In addition to any parking fees, the fee to use parking spaces
within the municipality identified as EVSE spaces shall be collected
for each hour that the electric vehicle is connected to the EVSE,
or per kWh. Fees shall be available on the EVSE or posted at or adjacent
to the EVSE parking space. Fees shall not exceed $2 per hour of charging
usage.
(c)
Private EVSE: Nothing in this section shall be deemed to preclude
a private owner/designee of an EVSE from collecting a fee for the
use of the EVSE, in accordance with applicable state and federal regulations.
Fees shall be available on the EVSE or posted at or adjacent to the
EVSE parking space.
A.
Required permits and approvals. No sign shall be constructed or displayed unless a sign permit shall have been issued in accordance with the provisions of § 190-97C. No permanent freestanding sign shall be permitted until a site plan for the sign is approved by the Planning Board. Notwithstanding the above, the following signs are exempt from the requirement to obtain permits or site plan approval, but such signs shall comply with the regulations in Subsection H below:
(1)
Signs for residential uses permitted by § 190-122C(1).
(2)
Professional nameplates affixed to the door or adjacent
wall of premises so used.
(3)
Memorial signs or tablets or signs indicating the
name of a building or the date of its erection when cut into any masonry
surface or when constructed of bronze or other incombustible material.
(4)
The following signs, customary and necessary to the
operation of filling and service stations:
(a)
Lettering on buildings displayed over individual
entrance doors consisting of the words "washing," "lubrication," "repairing"
or words of similar import.
(b)
Lettering or other insignia which are a structural
part of a gasoline pump, consisting only of a brand name, lead warning
sign and other signs as required by law.
(c)
Credit card signs.
(d)
A sign attached to each gas pump, with the price
of the product, as required by law.
(e)
Movable freestanding signs specifically advertising
the price of fuel.
(5)
Signs for public convenience and welfare erected by
or on behalf of the United States, the state, the county and the Village,
traffic signs in private ways and parking lots, legal notices, railroad
crossing signs or other similar signs as required by law.
(6)
Temporary signs, necessary in connection with the
erection of buildings or other construction work.
(7)
The interior contents of lawfully permitted signs
specifically designed to be changed from time to time, such as church
announcement boards, theater marquees, restaurant menus and the like,
whether freestanding or attached to a building wall.
(8)
Temporary, nonilluminated, political signs advancing the candidacy
for elective office of any candidate or group of candidates or a cause
subject to political judgment.
[Added 9-7-2016 by Ord.
No. 3540]
B.
General sign regulations.
(1)
General prohibitions. Without limiting the generality
of this section, the following are prohibited:
(a)
Billboard or billboard signs, except display
signs ordinarily or customarily erected on the premises of a railroad
station or on the railroad right-of-way in the vicinity of such station.
No sign otherwise lawful under this section shall be prohibited because
of this provision.
(b)
Signs placed or located or displayed upon or within any traveled way, pedestrian or vehicular, public or private, unless affixed to the wall of a building and located above the traveled way; provided, however, that this prohibition shall not apply to temporary portable signs permitted by and conforming with § 190-122H(9). No sign otherwise lawful under this section shall be prohibited because of this provision.
[Amended 12-14-2016 by Ord. No. 3562]
(c)
Roof signs, known also as a "sky sign."
(d)
Signs projecting on or over a sidewalk, except
signs commonly known as "barber poles," ordinarily and customarily
used in connection with barbershops.
(e)
Freestanding signs or similar devices except
as otherwise specifically permitted in this section.
(f)
Signs erected or painted or composed of fluorescent
or phosphorescent or similar material.
(g)
Signs in whole or part moving, mobile or revolving,
except for signs commonly known as "barber poles," ordinarily and
customarily used in connection with barbershops.
(h)
Strings or streamers of flags, pennants, spinners or other similar devices strung across, upon, over or along any premises or building, whether as a part of any sign or not, except those which shall be specifically permitted by § 190-122E(2)(d)[2] or unless such prohibition has been superseded by the provisions of § 190-122H.
(i)
Signs which are unsafe, insecure or a menace
to the public.
(j)
All temporary signs, including political signs, shall not be
permitted to be placed on any publicly owned property, including,
but not limited to, municipally owned property, library property,
parks, rights-of-way trees, telephone poles, lighting stations, street
or traffic signs, tree wells or planters, water utility property,
and/or any other such publicly owned property within the Village.
[Added 9-7-2016 by Ord.
No. 3540]
(2)
Signs which falsely advertise or identify premises;
removal of signs for change of occupancy.
(a)
It shall be unlawful for any person to erect,
locate, relocate or maintain any sign which falsely identifies the
premises or occupant of any premises or building or which falsely
advertises for sale on any premises or in any building any product
or service not available therein.
(b)
Whenever there is a change in occupancy of a
building or premises, including any vacancy of such building or premises,
the message of any sign or signs which identify or advertise an individual,
business, service, product or other item that is no longer present
or available in the building or on the premises shall be removed.
(c)
The provisions of Subsection B(2)(a) and (b) above shall not be construed to require the removal of any sign structure, except as required by Subsection B(2)(d)[4] or (3)(f) below.
(d)
The manner of removal of sign messages shall
include but are not limited to the following:
[1]
In the case of a sign with a painted message,
the sign message shall be painted over to match the background.
[2]
In the case of a sign with projecting or movable
letters or symbols, the letters and/or symbols shall be removed.
[3]
In the case of a sign where the message is contained
on a panel that is inserted into the sign frame or structure, the
message panel shall be replaced with a blank panel.
[4]
In the case of a sign where the message can
not be removed without also removing the sign structure, the structure
shall be removed unless the owner demonstrates that the sign message
could reasonably apply to the next occupant of the building or premises.
If the sign message does not accurately identify or advertise the
next occupant of the building or premises or any product, service
or other item available at the premises, the sign structure shall
be removed prior to the issuance of a certificate of occupancy for
said occupant.
(3)
Nonconforming signs. The following provisions shall
apply to any sign which was lawful prior to the adoption, revision
or amendment of this chapter, but which fails to conform to the requirements
of this chapter by reasons of such adoption, revision or amendment.
[Amended 5-14-2008 by Ord. No. 3115]
(a)
Routine maintenance. Routine maintenance for any nonconforming sign shall be permitted, provided that such maintenance shall comply with the provisions of Subsection B(3)(d) below. The term “routine maintenance” is intended to include such activities as cleaning, replacement of light bulbs, removal of rust and corrosion and repainting. Specifically prohibited is the replacement of the sign structure or message, in whole or in part, except for light bulbs and minor parts such as fasteners, etc.
(b)
Restoration or repair of partial destruction. Any nonconforming sign existing at the time of the passage of this chapter or any amendment thereto may be continued upon the lot so occupied, and any such sign may be restored or repaired in the event of partial destruction thereof, provided that such restoration or repair shall comply with the provisions of Subsection B(3)(d) below.
(c)
(Reserved)
(d)
Alterations. The following provisions shall
regulate alterations of nonconforming signs:
[1]
Alteration of nonconforming sign use. Any sign
which is nonconforming because of use shall not be enlarged, extended,
relocated or altered in any manner.
[2]
Alteration of nonconforming sign structure or
sign message. A nonconforming sign structure or sign message may not
be altered unless the alteration will result in the sign structure
and/or the message, as applicable based upon which feature is altered,
conforming in all respects with the provisions of this chapter. Alterations
covered by the above provision include but are not limited to alteration
of sign area, dimension, height or location; alteration of sign letters,
logos, symbols or other design or construction; alteration of any
aspect of sign illumination; and alteration of sign material or color.
(e)
Reversion to nonconforming sign prohibited.
A sign which is a nonconforming use and which is changed to a conforming
use may not thereafter be changed back to a nonconforming use. A nonconforming
sign structure and/or message which is changed to a conforming structure
and/or message may not thereafter be changed back to a nonconforming
structure and/or message.
(f)
(Reserved)
(g)
Subdivisions involving same. No lot containing
a nonconforming sign structure shall be subdivided so as to increase
the degree or extent of the nonconforming sign condition.
(4)
Lighting and illumination. Any sign permitted by the provisions of this chapter or allowed pursuant to a sign exemption granted under § 190-122A may be nonilluminated or nonflashing illuminated, except that real estate signs shall be nonilluminated. Illuminated signs may be directly or indirectly lighted, provided that they comply with the following standards. For the purpose of administering this section, "directly lighted signs" shall be defined as a sign that is illuminated by a light source that shines through the letters or logos from the back of the sign. "Indirectly lighted signs" shall be defined as a sign that is illuminated by a light source that shines directly on the surface of a sign, which light source is designed specifically to illuminate only the sign.
(a)
Directly lighted signs.
[1]
Illumination of any sign shall be of the diffused
lighting type, and only the letters or logos in the sign shall be
illuminated.
[2]
No sign shall be lighted by means of flashing
or intermittent illumination.
[3]
Neon signs, when the neon tube is visible, as
well as LED (light-emitting diode) signs and similar signs, when the
light source or illumination device is visible, are prohibited unless
specifically permitted by this chapter.
[Amended 2-8-2012 by Ord. No. 3327]
(b)
Indirectly lighted signs.
[1]
Indirectly lighted signs shall only be permitted
where the sources of illumination are shielded in such a manner that
the same are not visible from the street or adjoining property.
[2]
No sign shall be lighted by means of flashing
or intermittent illumination.
[3]
Floodlights or spotlights used for the illumination
of signs, whether or not such lights are attached to or separate from
the building, shall not project light beyond the sign. Gooseneck reflectors
and lights shall be permitted; provided, however, that the reflectors
shall be provided with proper glass lenses concentrating the illumination
upon the area of the sign so as to prevent glare upon the street or
adjacent property.
(c)
In no instance shall the light intensity of
any illuminated sign exceed 75 footcandles measured with a standard
light meter measured at any point in front of the sign at a distance
that is no greater than the smallest horizontal or vertical dimension
of said sign. There shall be no electric conduit located on the exterior
facade of a building used to provide electric power to any sign.
(d)
The Planning Board or Zoning Board of Adjustment,
as appropriate, shall review all signs to be installed that are accessory
to any site plan processed by the Board, and the Board shall review
and approve the intensity of light of all such signs.
(5)
Sign height. The height of a sign shall be computed as set forth in § 190-119D(6).
[Amended 5-14-2008 by Ord. No. 3120]
C.
Signs in the residential zone districts. In all residential
zones, the following signs shall be permitted, except as may be provided
otherwise by this chapter:
[Amended 4-13-2005 by Ord. No. 2933; 2-8-2012 by Ord. No. 3327; 3-23-2016 by Ord. No. 3493]
(1)
On premises used for residential purposes, a sign
or signs identifying the residence, the resident or residents or the
street address, or any combination there of. No such sign shall have
an area of more than two square feet, nor shall the aggregate square
footage of such signs, if there is more than one, exceed three square
feet in area.
(2)
(Reserved)
(3)
On premises used for a permitted institutional use,
a sign or signs identifying the use and activities conducted on the
premises, which shall comply with the following:
(a)
One freestanding sign and one sign affixed to each principal or accessory
building shall be permitted.
(b)
The maximum area of any sign shall be 30 square feet.
(c)
Freestanding signs shall be located at least five feet from any property
line and shall be located so as to not interfere with safe sight distance
at intersections of roadways and driveways.
(d)
Freestanding signs shall not exceed a height of 10 feet.
D.
Signs in the P, P-2 and T Zone Districts. In the P,
P-2 and T Zone Districts, the following signs shall be permitted:
(1)
A professional office sign affixed to the building
and parallel thereto and not extending more than 12 inches therefrom,
setting forth the name of the occupant or occupants in the premises
and the activities carried on therein, which shall not exceed six
square feet in area.
(2)
On premises used for a permitted institutional use,
a sign or signs identifying the use and activities conducted on the
premises, which shall comply with the following:
[Amended 2-8-2012 by Ord. No. 3327]
(a)
One freestanding sign and one sign affixed to each principal or accessory
building shall be permitted.
(b)
The maximum area of any sign shall be 30 square feet.
(c)
Freestanding signs shall be located at least five feet from any property
line and shall be located so as to not interfere with safe sight distance
at intersections of roadways and driveways.
(d)
Freestanding signs shall not exceed a height of 10 feet.
E.
Signs in the B-1, B-2 and C districts. Within the
B-1, B-2 and C Zone Districts, the following signs shall be permitted:
(1)
Content. The only signs permitted shall be a sign
or signs advertising the premises upon which it is located or displayed
or the identity of the occupant thereof or a service rendered therein
or a product or item available therein or a permitted trade, business
or profession carried on therein as hereinafter regulated.
(2)
Signs for retail sales and service uses. Retail sales and service uses shall be permitted to have signs in accordance with the following provisions, except in the case of retail uses with a common entrance, which are regulated in Subsection E(3) below.
(a)
Number of principal signs. There shall be no
more than one principal sign for each retail establishment or permitted
use therein except where the following conditions are met:
[1]
Any permitted use within a building having an
exterior wall facing an off-street parking area or railroad station
platform may have a second principal sign on said wall if that wall
contains a pedestrian entrance to said permitted use.
[2]
Any permitted use within a building on a corner
lot may have a second principal sign. One sign shall be located on
one street and a second sign shall be located on the second or side
street. Nothing contained herein shall be construed to permit more
than two principal signs on a building located on a corner lot.
(b)
Attached principal signs. All principal signs attached to a building shall comply with the following provisions, except signs on an awning as regulated in § 190-122E(2)(f) shall be exempt from the following:
[Amended 6-10-1997 by Ord. No. 2606; 5-14-2008 by Ord. No. 3115; 4-12-2017 by Ord. No. 3591]
[1]
They shall be installed parallel to the face of the wall to
which they are attached.
[2]
They shall not extend more than six inches from the structural
face of the building wall, provided that directly lighted signs shall
be prohibited unless the electrical and illumination components, and
any box or frame enclosing such components, do not extend from the
building.
[3]
They shall not be less than seven feet from the elevation of
the ground under the sign and shall be rigidly and securely attached
to the wall.
[4]
The maximum distance from the top edge to the bottom edge of
any attached sign shall not exceed 24 inches; provided, however, that
the maximum distance from the top edge of the message on said sign
to the bottom edge of the message shall not exceed 16 inches. A sign
consisting of a message only shall not contain any message that exceeds
16 inches from the top edge of the message to the bottom edge of the
message. The message for a sign consisting of more than one row of
letters or logos shall not exceed a vertical dimension of 16 inches,
measured from the top of the entire message to the bottom of the entire
message.
[Amended 3-11-2020 by Ord. No. 3778]
[a]
Signs conforming to the maximum sign size top-to-bottom edge
distance of 24 inches and the maximum message size top-to-bottom edge
distance of 16 inches shall be permitted an exemption for letters
that extend below the baseline of a font, known in typography as a
descender, loop, or tail. The below baseline portion of a sign's lettering
shall be exempted from the sixteen-inch message size top-to-bottom
measurement provided the below baseline portion does not extend more
than four inches beyond the bottom edge of the aforementioned sixteen-inch
message measurement.
[5]
The maximum width of any attached sign shall not exceed 75%
of the store front or wall of that portion of the building occupied
by said store, except that where such store front width is less than
15 feet, the maximum width of any attached sign shall not exceed 90%
of said store front width.
[6]
Where there shall be more than one occupant of the building
and where each occupant has a separate ground floor entrance, the
total area of all signs permitted as hereinafter regulated, taken
in the aggregate, shall not exceed the maximum requirements above
set forth for each wall upon which any sign is permitted to be erected.
[7]
The only signs permitted above the first floor shall be a single
sign for each business establishment, and said sign shall be painted
on a single window in gold leaf, black or white. Each such sign shall
be limited to two lines, and each line shall be limited to six inches
in height. There shall be a maximum distance of separation between
the two lines permitted by this provision of four inches.
[8]
No signs shall be permitted to be located on a canopy.
(c)
Freestanding principal signs. In the case of premises on which the structure is set back at least 40 feet from the front curbline, a freestanding sign is permitted, which shall comply with the following standards. This provision shall not be construed to prohibit freestanding signs accessory to motor vehicle refueling stations as provided in § 190-122H(3).
[Amended 4-12-2017 by Ord. No. 3591]
[1]
The area shall not exceed 12 square feet.
[2]
The top of said sign shall not be more than 10 feet above the
level of the ground.
[3]
No part of the sign shall be located closer than five feet to
the property line. Any freestanding sign shall be placed on the premises
so as not to result in a traffic safety problem due to inadequate
sight angles.
(d)
Nonilluminated interior window signs. Nonilluminated signs painted
on or placed or hung within 48 inches from the inside window glass
or door glass of any building shall not be considered principal signs.
Such signs shall comply with the following:
[Amended 4-12-2017 by Ord. No. 3591; 9-11-2019 by Ord. No. 3741]
[1]
They shall be limited to 20% of the area of said glass, but
in no event shall they exceed a total of 50 square feet; whichever
is less is permitted for each window unit.
[2]
Notwithstanding the provisions of this section, unlettered and
undecorated balloons, pennants, flags, banners and the like shall
be permitted for grand openings of a new permitted use and shall be
displayed for a period not to exceed seven days.
[3]
Signs other than principal signs that fail to comply with all
provisions of this section shall be removed no later than 60 days
after the effective date of this chapter.
[4]
One tenant shall be permitted up to two window signs, per window
unit, as long as the combined dimensions do not exceed the maximum
area permitted.
[5]
Signs shall not be iridescent or of reflective materials.
(e)
Illuminated interior signs. Directly illuminated
interior signs located within six feet of the window glass or door
glass of a building shall be considered a principal sign and shall
meet all applicable requirements for exterior principal signs, including
but not limited to the number of principal signs and the area permitted
for principal signs. Indirectly illuminated interior signs located
within two feet of the window glass or door glass of a building shall
also be considered a principal sign and shall meet all applicable
requirements for exterior principal signs, including but not limited
to the number of principal signs and the area permitted for principal
signs.
(f)
Awning signs. In the B-1 and B-2 Districts only, signs running
in a horizontal direction are permitted on the flap or vertical plane
of any permitted awning, provided that the following standards shall
apply. Such signs shall not be considered principal signs. No signs
shall be permitted on a canopy.
[Amended 4-12-2017 by Ord. No. 3591]
(3)
Signs for retail uses with a common entrance and other
uses. Signs for permitted uses in the B-1, B-2 and C Zone Districts
for other than retail sales and service stores and shops and signs
for retail sales and service stores and shops which share a common
entrance shall be limited to tenant identification or directory signs
which shall comply with the following:
[Amended 5-14-2008 by Ord. No. 3115]
(a)
Said signs shall be unlighted.
(b)
They shall be limited to one sign per tenant.
(c)
They shall be uniform in appearance and shall
be made of the same materials with the same background and contain
the same letter type, style and materials as all other similar signs
used by tenants in the building.
(d)
Said signs shall not exceed an area of two square
feet per sign nor a vertical height of eight inches.
(e)
Where there is more than one tenant in the building,
all of said signs shall be abutting one another and not indiscriminately
placed on the exterior walls of the building.
(4)
Signs for movie theaters. In the B-1 and B-2 Districts
only, movie theaters shall be permitted to maintain a permanent marquee
constructed as an integral part of said theater building, which may
contain a sign on three sides of the marquee advertising the current
event or coming attractions within the movie theater. Also permitted
within the window area of said theater are temporary poster signs
advertising the current event or coming attractions within the movie
theater.
(5)
License or permit signs. In addition to any sign or signs permitted pursuant to this section, a sign or signs limited to those purposes set forth in § 190-122E(1) and as may be required by any federal, state, county or municipal law to be displayed as a license or permit may be attached to a store window or windows.
(6)
On
premises used for a permitted institutional use, a sign or signs identifying
the use and activities conducted on the premises, which shall comply
with the following:
[Added 2-8-2012 by Ord. No. 3327]
(a)
One freestanding sign and one sign affixed to each principal or accessory
building shall be permitted.
(b)
The maximum area of any sign shall be 30 square feet.
(c)
Freestanding signs shall be located at least five feet from any property
line and shall be located so as to not interfere with safe sight distance
at intersections of roadways and driveways.
(d)
Freestanding signs shall not exceed a height of 10 feet.
(7)
Window displays.
[Added 9-11-2019 by Ord.
No. 3741]
(a)
The occupant of each separate retail or commercial enterprise
or establishment shall be permitted one window display per window
unit that can be viewed through a window or other viewing area on
the facade of the separate enterprise or establishment;
(b)
Window display may only be located on the ground level of a
building;
(c)
The display shall not use wording or language that is defined in § 190-3 such as to constitute the display to be construed as a "sign";
(d)
Such window display must be set back inside the establishment
no closer than one foot from the exterior window or viewing location;
(e)
Such window display may not occupy more than 75% of the window
unit in aggregate even with multitenants;
(f)
When such window display is combined with nonilluminated window
signs the aggregate shall not exceed 80% of the total window area.
(g)
Such window display may be illuminated from its interior, directly
or indirectly; however, the light source must be concealed from public
view;
F.
Signs in the OB-1 and OB-2 Districts. Except for institutional uses, which shall be subject to the sign regulations set forth in § 190-122E(6), any principal structure in the OB-1 and OB-2 Office Building Zone Districts shall be permitted one exterior sign which may be freestanding or attached to the principal structure and which shall comply with each of the following requirements:
[Amended 2-8-2012 by Ord. No. 3327]
(1)
Content. Any permitted exterior sign shall display
only the name or logo, the activities carried on and the address of
the principal occupant of the principal structure.
(2)
Dimensional proportions. The greater dimension of
any permitted exterior sign shall not exceed twice that of the lesser
dimension, and such dimensions shall exclude any supporting structure.
(3)
Freestanding signs. In the case of any permitted exterior
freestanding sign, the following shall apply:
(a)
The sign shall be located in the front yard
but shall not extend over any property line.
(b)
The sign shall be of an area not to exceed 30
square feet in area on each side or 60 square feet in aggregate area
if both sides shall have signs thereon.
(c)
The top of any such sign shall be no more than
15 feet above ground level.
(4)
Attached signs. In the case of any permitted exterior
sign attached to the building, the following shall apply:
(5)
Illumination. Any sign permitted in the OB-1 and OB-2
Office Building Zone Districts may be illuminated, provided that the
sources of illumination shall be nonflashing and shielded in such
a manner that the same are not visible from the street or adjoining
property.
G.
Signs in the H District. Hospital use shall be permitted
one sign which shall not exceed 30 square feet in area, whether affixed
to a structure or freestanding. Also permitted are directional and
emergency signs which may be freestanding, provided that said signs
shall not exceed eight square feet in area.
H.
Special regulations for certain types of signs. The
following provisions and regulations shall apply to the following
signs, which regulations shall supersede the provisions in each zone
district otherwise applicable to such signs.
(1)
Professional nameplates. Nameplates shall be permitted
as an accessory to professional office use. Such signs shall be affixed
to the door or adjacent wall of the premises so used, and the nameplate
dimensions shall not exceed eight inches in height or 20 inches in
width per nameplate.
(2)
Building memorial signs. Memorial signs or tablets
or signs indicating the name of a building or the date of its erection
shall be permitted when cut into any masonry surface or when constructed
of bronze or other incombustible material.
(3)
Gasoline service station signs. Signs which are accessory
to filling and service stations shall be permitted and limited to
the following:
(a)
Lettering on buildings may be displayed over
individual entrance doors consisting of the words "washing," "lubrication,"
"repairing" or words of similar import. There shall be not more than
one such sign over each entrance and the letters shall not exceed
10 inches in height.
(b)
Lettering or other insignia which are a structural
part of a gasoline pump shall consist only of a brand name, lead warning
sign and other signs as required by law, provided that signs indicating
full attendant services are provided at pumps as required by state
law shall also be permitted.
[Amended 5-14-2008 by Ord. No. 3115]
(c)
One credit card sign is permitted which shall
not exceed two square feet in area. Such sign shall be affixed to
the building or to a permanent freestanding identification sign.
(d)
One identification sign accessory to a motor vehicle refueling
station open to the general public, bearing the brand or trade name
of the station, shall be permitted in accordance with the following:
[Amended 4-12-2017 by Ord. No. 3591]
[1]
The sign shall be permanently affixed to the building or its
own metal substructure.
[2]
The sign shall not exceed 30 square feet in area on each side
or 60 square feet in aggregate area if both sides shall have signs
thereon.
[3]
The sign, if on its own metal substructure, shall be rigidly
and securely attached to the ground surface so as to create no danger
to life or limb.
[4]
The sign, whether affixed to a building or on its own substructure,
shall not exceed 18 feet in height.
(e)
One sign may be attached to each gas pump, with
the price of the product, as required by law.
(f)
One movable freestanding sign specifically advertising
the price of fuel shall be permitted, provided that said sign does
not exceed 10 square feet in area and said sign shall not be closer
than 10 feet to any property line.
(4)
Signs for public welfare; traffic directional signs.
Public signs for public convenience and welfare erected by or on behalf
of the United States, the state, the county and the Village, traffic
controls in private ways and parking lots, legal notices, railroad
crossing signs or other signs as required by law shall be permitted
in all zone districts. No sign other than entrance, exit, identification
and conditions of use signs shall be maintained in any parking area.
Such signs in parking areas shall not have an area that exceeds two
square feet.
(5)
Temporary construction signs. One temporary sign,
necessary in connection with the erection of buildings or other construction
work, shall be permitted for each construction project. Such sign
may be freestanding or attached to the premises but shall not exceed
nine square feet in area and shall be removed at the completion of
construction. Such sign may be freestanding or attached to a building
wall.
(6)
Political signs. Temporary, nonilluminated, political signs, as described
in Subsection (A)(8) above of this chapter and section, shall be permitted
in all zones. Signs for candidates shall be removed no later than
20 days after date of the election in which the candidate was considered
for vote. In the case of primary elections, the signs of all candidates
who fail to remain as candidates in the ensuing general election shall
be removed no later than 10 days after the date of the primary election.
Such signs may be freestanding or attached to the wall or facade of
a building or structure. Such signs may only be placed on the property
with the permission of the property owners or person in authority
to provide such permission.
[Amended 9-7-2016 by Ord.
No. 3540]
(7)
Real estate signs. Real estate signs which are signs
customary and necessary in the offering of real estate for sale or
to let by the owner thereof or by his real estate agent or broker
are permitted to be erected in the Village, provided that the following
requirements are complied with:
(a)
In all zones, one real estate sign is permitted
for each principal use.
(b)
No real estate sign shall exceed a total area
of 650 square inches.
(c)
No real estate sign shall exceed a vertical
or horizontal dimension of 36 inches.
(d)
All real estate signs shall be nonilluminated.
(e)
Real estate signs may be freestanding or attached
to the building which is for sale or let.
(f)
Signs permitted hereby shall pertain only to
the sale or lease of the lot or premises upon which the sign is placed.
(g)
Signs customarily used to indicate that the
real estate offered for sale or to let has been sold or leased by
the owner, real estate agent or broker concerned are prohibited. Permitted
real estate signs shall be removed within seven days of the day that
a contract of sale or lease of the premises has been executed by both
parties to the document.
(h)
In the event that the owner, broker or real estate agent conducts
an open house at the premises, in addition to the for sale sign, a
sign stating "Open House" may be added on the premises, in addition
to the on-premises sign, on condition that said sign does not exceed
18 inches by 24 inches and is posted for a period not to exceed five
days in total during the term of the sign permit.
[Amended 8-14-2019 by Ord. No. 3731]
(8)
Signs for drive-in uses. Permitted drive-in or drive-through
uses, exclusive of motor vehicle/gasoline service stations and public
garages, shall be permitted the following signs, in addition to any
other signs that may be permitted for the use:
[Added 6-13-2012 by Ord. No. 3343]
(a)
One sign for each drive-in lane, mounted on the drive-in canopy over
each lane, indicating the nature and operational status of such lane.
Such signs shall not exceed an area of four square feet.
(b)
One sign, or one group of signs, for each mechanical device serving
the drive-in user, mounted on the equipment or on the building or
canopy near the equipment, indicating the nature of the device and
providing operational information. The area of such sign or group
of signs shall not exceed four square feet.
(9)
Temporary portable signs. Temporary portable signs shall be
permitted in the B-1, B-2 and B-3-R Zones in the Village's Central
Business District, subject to the following requirements:
[Added 12-14-2016 by Ord.
No. 3562; amended 9-12-2018 by Ord. No. 3667]
(a)
Uses to which such signs/displays must be accessory. Such signs/displays
shall be accessory to retail sales and retail service uses open to
the general public and permitted in the B-1, B-2 and B-3-R Zones located
in and operating from the building.
(b)
Central Business District location required. Such signs/displays
shall be permitted in the Central Business District, which for the
purposes of this provision shall be defined to include the area located:
1) within the B-1, B-2 and B-3-R Zones, and 2) within 1/2 mile of
the intersection of the center lines of North Broad Street and Franklin
Avenue.
(c)
General location. Such signs/displays shall be permitted in
the front yard of the storefront of the business to which the sign
is accessory and/or within the public street right-of-way in front
of said business; provided that when located within the street right-of-way,
such signs/displays shall be located between the right-of-way line
and the street curb or, in the event that no street curb exists, between
the right-of-way line and the edge of the street pavement. Such signs/displays
shall not be permitted to be placed in the vehicular traveled way
or within any parking area located within the street right-of-way.
(d)
Maximum quantity. Not more than one sign or display shall be
permitted for each business establishment. For purposes of administering
this provision, a business establishment shall be construed to be
a commercial operation and all accessory or subsidiary operations
at a single location.
(e)
Orientation. The faces of the A-frame sign containing the sign
message shall be oriented to be perpendicular to the direction of
travel on the street.
(f)
Obstructions prohibited.
[1]
Such signs/displays shall not obstruct ingress or egress to/from
buildings, driveways, access aisles, parking spaces, fire lanes or
other locations that require access by vehicles or pedestrians.
[2]
For the purpose of ensuring adequate pedestrian movements, such
signs/displays shall be required to be located so as to maintain a
minimum clear traveled way width of 52 inches.
(g)
Placement restrictions.
[1]
Such signs/displays shall not be permanently affixed, and shall
be capable of being removed on a daily basis.
[2]
Such signs/displays shall not be chained, cabled, tied or otherwise
attached or connected to any tree, pole, hydrant, planter, container,
chair, bench, table or other item, but shall be wholly self-supporting.
[3]
Such signs/displays shall be internally ballasted/weighted in
such manner so as not to create or present a hazard to pedestrian
safety and to be secure in windy conditions and to prevent accidental
relocation by other means.
(h)
Hours of display. Such signs/displays shall be permitted to
be displayed during the hours when the business to which the sign
is accessory is open to the public. Such signs/displays shall be removed
when the business is closed to the general public.
(i)
Removal during weather events. Such signs/displays shall be
removed in the event of a weather forecast for high winds, snow or
ice. The signs/displays may be returned to their approved location
after the weather event has passed and, in the case of snow, once
snow removal from the street, sidewalks and other paved areas in the
immediate vicinity are complete.
(j)
Prohibited content and design. The following content and features
shall be prohibited:
[1]
Any type of artificial illumination of such signs/displays shall
be prohibited.
[2]
Highly reflective or refractive materials.
[3]
Fluorescent or luminescent materials.
[4]
Multiple items of merchandise in accordance with Subsection
H(9)(k)(2) below.
[5]
Water-soluble materials.
[6]
Balloons, pennants, flags, streamers, banners and similar items.
[7]
Offensive language.
[8]
Illumination.
[9]
Environmentally activated.
(k)
Temporary portable signs/displays are permitted in accordance
with the following requirements.
[1]
Sign panel.
[a]
Height. All signs shall have a minimum height of
36 inches and a maximum height of 42 inches, with the height measured
vertically from the sidewalk or other surface located beneath the
base of the sign. If the point of height measurement is at a different
level than the surface of the traveled way, the height shall be measured
from the public level of the traveled way.
[b]
Width. The maximum width of the sign shall be 24
inches.
[c]
Depth at base of sign. The maximum depth of the
sign and any supporting structure shall be 30 inches.
|
The following diagrams illustrate the maximum sign dimensions:
| |
 |
[2]
Displays.
[a]
Area. The maximum area of a display is five square
feet.
[b]
Height. If not affixed to the building it may be
a maximum of 42 inches. If affixed (only temporarily) to the building
it may be a maximum of 72 inches.
[c]
Content. May include a sample/example of the merchandise
sold from the associated retailer; however, may not include a display
rack holding multiple items for sale such as racks of clothing or
shelves of items.
(l)
Permit required. Prior to the placement of any such sign/display, a permit shall be applied for and obtained in accordance with § 190-97C. The permit shall be approved by the Zoning Official, Assistant Zoning Officer, Code Enforcement Officer and Village Planner.
(m)
Enforcement. The provisions of this section shall be enforced
by the Village Construction Official and/or their designee, the Village
Sanitarian, the Village's designated Code Enforcement Officer, the
Village's Director of the Department of Public Works and/or their
designee, the Fire Code Official and/or their designee, as well as
the Police Department and Fire Department of the Village in accordance
with the provisions set forth.
(10)
Blade signs shall be permitted in the B-1 and B-2 Zone Districts
in accordance with the following conditions:
[Added 6-13-2018 by Ord.
No. 3647]
(a)
SPEC committee must approve all blade signs unless a variance
is required.
(b)
Blade signs are permitted in addition to other permitted signs
as set forth in this chapter.
(c)
Each business is permitted one blade sign, unless it is a corner
building which may install a corner bracket or have two perpendicular
signs. Corner buildings include those which front on parking areas
as well as two public rights-of-way.
(d)
All signs that encroach into the public right-of-way require
an encroachment agreement with the Village.
(e)
Blade signs shall only be located on the first floor and must
be affixed to the building facade.
(f)
Blade signs cannot exceed two square feet and shall not intrude
more than two feet into the right-of-way.
(g)
All blade signs shall not exceed a thickness of six inches.
(h)
The bottom of the blade sign shall be a minimum of eight feet
above adjacent ground level.
(i)
Blade signs must be double-sided.
(j)
Signs can be externally illuminated; however, all lighting shall
be reviewed by the SPEC committee to determine conformance with the
lighting ordinance.[1] If the proposed lighting does not meet the Village lighting
ordinance or is distracting to motorist, the SPEC committee has a
right to deny the proposed lighting.
(k)
Blade signs shall be mounted to a separate architectural bracket
with some visual interest.
(l)
Blade signs shall have a consistent design with the main sign.
I.
Violations and enforcement.
(1)
This section shall be administered and enforced by
the Construction Official as deputy of the Zoning Officer.
(2)
If any person shall have been convicted of a violation
of this section and the sign or signs shall continue as violations
despite such conviction, then, upon the expiration of the time for
appeal, as provided by law, if no appeal has been taken or upon conviction
by the county court if an appeal has been taken, the Construction
Official may serve an additional 10 days' notice upon the person so
convicted to require him to remove the sign or signs in violation.
If such sign or signs shall not have been so removed upon the expiration
of such ten-day period, the Construction Official shall have the power
to remove the sign or signs or cause the same to be removed without
further notice, but at the sole expense of the owner of the premises.
(3)
If the Construction Official shall find that any sign
is unsafe or insecure or is a menace to the public, he shall give
written notice thereof to the owner, agent or person having the beneficial
use of the premises upon which such sign may be erected. If such owner,
agent or person shall fail to remove or alter the sign so as to comply
with the standards herein set forth within 10 days after such notice,
such sign or other advertising structure may be removed or altered
to comply by the Construction Official at the expense of the owner,
agent or person having the beneficial use of the premises upon which
such sign may be erected. The Construction Official may cause any
sign or other advertising structure which is an immediate peril to
persons or property to be removed summarily and without notice.
J.
Signs
in the HC District. Signs in the HC Zone District shall be subject
to the following requirements, in addition to all other applicable
requirements of this chapter:
[Added 6-13-2012 by Ord. No. 3343]
(2)
Signs
for nonresidential uses shall comply with the following requirements:
(a)
Type and number of signs. One wall sign per use, plus one freestanding
sign per lot, shall be permitted, regulated as follows:
[1]
If access is provided to the property solely from Route 17, except
for emergency access, the following requirements shall apply:
[a]
The area of freestanding signs shall not exceed 75 square feet,
and the height shall not exceed 20 feet.
[b]
The area of wall-mounted signs shall not exceed two square feet
for each horizontal foot of store frontage of the wall upon which
the sign is located, or 50 square feet, whichever is less. The height
of wall signs shall not exceed 20 feet.
[2]
If access is provided from or to the property from streets other
than Route 17 (e.g., by variance or nonconforming condition), the
following requirements shall apply:
[a]
The area of freestanding signs shall not exceed 30 square feet,
and the height shall not exceed 10 feet.
[b]
The area of wall-mounted signs shall not exceed one square foot
for each horizontal foot of store frontage of the wall upon which
the sign is located, or 25 square feet, whichever is less. The height
of wall signs shall not exceed 15 feet.
(b)
Other signs.
[Amended 12-14-2022 by Ord. No. 3928]
[1]
If access is provided to the property solely from Route 17, except
for emergency access, the following requirements shall apply:
[a]
Interior window signs (illuminated or nonilluminated) shall
be permitted in addition to wall-mounted signs. Each business or tenant
may have one or more interior windows signs with a total area not
to exceed 15% of the window area associated with the tenant space.
[b]
Awning signs shall be permitted as regulated by § 190-122E(2)(f), and license and permitting signs shall be regulated by § 190-122E(5). The area of license and permitting signs shall not apply to the area associated with interior window signs for the purpose of determining maximum permitted sign area.
[2]
If access is provided from or to the property from streets other
than Route 17 (e.g., by variance or nonconforming condition), the
following requirements shall apply:
[a]
Interior signs and awning signs shall be permitted as regulated by § 190-122E(2)(d), (e), and (f), and license and permitting signs shall be regulated by § 190-122E(5).
[Amended 2-10-1998 by Ord. No. 2620; 10-13-1998 by Ord. No. 2643; 4-10-2002 by Ord. No. 2780; 5-14-2008 by Ord. No. 3120; 4-15-2009 by Ord. No. 3177; 7-8-2009 by Ord. No. 3196; 12-14-2011 by Ord. No. 3323; 2-8-2017 by Ord. No. 3579]
Recognizing that certain uses, activities and structures may
be necessary to serve the needs and convenience of the Village of
Ridgewood and its residents, and at the same time recognizing that
such uses may be or become adverse to the public health, safety and
general welfare if located and operated without proper consideration
being given to existing conditions and the character of the surrounding
area, such uses are hereby designated as conditional uses. The conditional
uses indicated in this section shall be permitted only upon a showing
that such use in a specified location will comply with the conditions
and standards for the location or operation of such use as contained
in this article, and only upon the issuance of an authorization therefor
by the Planning Board.
The review by the Planning Board of a conditional use application shall include any required site plan review, and the procedure for obtaining conditional use approval shall be in accordance with the procedures in Article VII for processing and review of site plan applications, unless the context clearly indicates otherwise or unless contrary to other law.
In the event that any conditional use standard conflicts with
any other zoning regulation, the conditional use standard shall apply,
unless the context indicates otherwise.
If any requirement of this chapter does not conflict with the
conditional use requirements in this section, said requirement shall
apply to the conditional use, unless the context clearly indicates
otherwise. A violation of any such requirement shall not be considered
to be a violation of a conditional use standard.
A.
Motor vehicle service stations and public garages.
A public garage or motor vehicle service station shall only be permitted
in the B-2 and C Districts after the following requirements are met:
(1)
A site plan shall be submitted and approved as required in Article VII, and said plan shall show, in addition to all information required by Article VIII, the street entrances and exits or driveways and the precise location of all tanks, pumps, lifts and other machinery and equipment appurtenant thereto, as well as the location, nature of construction and present use of all buildings within 300 feet of the lot lines of the premises for which the application has been filed.
(2)
The nearest lot line of the lot or parcel of land
to be used as a public garage or gasoline service station shall be
at least 300 feet, measured in a straight line, from the nearest lot
line of any lot upon which is located any building used as a theater,
auditorium or other place of public assembly capable of seating over
100 persons or used as a church, hospital for humans, college, school,
public library or institution for dependents or children or any public
playground or athletic field.
(3)
No part of any public garage or gasoline service station
nor any driveway entrance or exit to or from the same shall be located
within 300 feet of any lot line of any lot upon which is located any
other public garage or gasoline service station.
(4)
No part of any public garage or gasoline service station,
wherever located, shall be used for any other purpose; provided, however,
that car rental sales shall be permitted as an accessory use if all
the following requirements are complied with:
(a)
The parking area of rental vehicles shall meet
the same setback, lighting, paving, drainage and screening standards
as those required for the minimum off-street parking requirements.
(b)
The parking area of rental vehicles shall be
in addition to the minimum required off-street parking area for all
structures located on the premises.
(5)
The minimum lot size for any lot upon which any public
garage or gasoline service station is located shall be 14,000 square
feet, and the minimum street frontage of such lot shall be 100 feet.
If a public garage or gasoline service station is located on a corner
lot, the minimum street frontage on each street shall be 100 feet.
(6)
Entrance and exit driveways to and from any lot upon
which is located a public garage or gasoline service station shall
have an unrestricted width of not less than 16 feet nor more than
24 feet, shall be located not nearer than 10 feet from any lot line
and shall be so laid out as to avoid the necessity of any vehicle
leaving the property by backing out across any public sidewalk, street,
highway, right-of-way or portion thereof.
(7)
The area of all driveways and other areas over which
motor vehicles are intended to be driven or parked on any lot upon
which is located a public garage or gasoline service station shall
be paved with bituminous or concrete surface sufficient to meet the
Village paving specifications applicable to streets and roadways.
(8)
On any premises upon which a public garage or gasoline service station is located, all services or repairs to or for motor vehicles, other than such minor items as the changing and filling of tires or the sale of gasoline or oil, shall be conducted within the confines of a building capable of being wholly enclosed. Any vehicles stored outside overnight shall be so stored as to meet the provisions of § 190-124E.
(9)
No part of any building used as a public garage or
gasoline service station and no filling pump or other service appliance,
whether for gasoline, oil or any other combustible liquid or material,
shall be erected within 10 feet of any side or rear lot line, and
the ten-foot free area required hereunder shall be at all times kept
free, open and unobstructed for the purposes of ready access by emergency
fire and police vehicles.
(10)
Storage facilities for gasoline, oil or other
flammable materials in bulk shall be located wholly underground and
no nearer than 35 feet from any lot line other than any street side
line. No gasoline or oil pumps, oil or greasing mechanism or other
service appliance installed for use at such premises shall be within
10 feet of any street side line, and no gasoline pump shall be located
or permitted within any enclosed or semi-enclosed building.
(11)
A canopy is permitted over the pump islands,
provided that said canopy complies with all of the following requirements:
(a)
The vertical projection of said canopy is no
closer to any street right-of-way line than two feet.
(b)
The vertical projection of said canopy is no
closer to any side or rear lot line than 10 feet.
(c)
The thickness of said canopy or the dimension
measured from the topside to the underside of the canopy shall not
be greater than 18 inches.
(d)
The height of said canopy shall not exceed 10
feet to the bottom of the canopy.
(e)
The vertical projection of the perimeter of
the canopy, commonly referred to as the "footprint," shall not be
larger than 5% of the lot area.
(f)
The stanchions or posts holding up the canopy
shall be no closer than 1/2 the setback required for a principal building.
(12)
No part of any building or structure used in
whole or in part as a public garage or gasoline service station shall
be located within 100 feet of any boundary line of any residential
zone district created by this chapter.
(13)
No permit for the alteration or expansion of
any existing public garage or gasoline service station shall be issued
except upon compliance by the applicant with all the provisions of
this article.
(14)
The foregoing provisions shall not apply to
any municipally owned or operated parking garage.
B.
Institutional uses in the residential zone districts. Institutional uses as defined by § 190-3 are permitted in the R-125, R-110, R-1, R-1A, R-2, R-2A, R-3, R-4, R-5 and R-7 Zone Districts as a conditional use. The following conditional use standards shall apply:
(1)
More than one institutional use on a lot. More than one institutional
use shall be permitted on a lot or as part of the same development,
such as but not limited to a house of worship and school as part of
the same development.
(2)
Accessory uses. Uses that are customarily incidental and subordinate
to the primary institutional use and part of the same development
as the primary use shall be permitted.
(3)
Residences for institutional use staff. Residences for the staff
of institutional uses, such as but not limited to parsonages, rectories,
convents, manses and vicarages, used solely or primarily as housing
shall be permitted on the same lot or on lots separate from the institutional
use, subject to the following:
(a)
When such a residence is located on a separate lot from the
institutional use, it shall not be considered a conditional use, but
shall be subject to all of the provisions applicable to residences
in the zone district within which it is located.
(b)
When such a residence is located on the same lot as the institutional
use, and it is located within a separate building and its yard areas,
its accessory uses and its accessory structures are generally distinct
and separate from the institutional use, then it shall not be considered
a conditional use, but shall be subject to all of the provisions applicable
to residences in the zone district within which it is located, with
that portion of the lot devoted to the residence considered its "lot"
for purposes of complying with such requirements. Furthermore, the
residential portion shall be excluded from the institutional use lot
for the institutional use for purposes of complying with the requirements
for the institutional use in this subsection.
(c)
When such a residence is located within the same building as
the institutional use, or is located in a separate building but its
yard areas, its accessory uses and its accessory structures are not
distinct and separate from the institutional use, such residence shall
be considered part of the institutional use and shall be subject to
all of the requirements applicable to the institutional use.
(4)
Minimum lot area: one acre (43,560 square feet) net developable
area, which shall be defined as the gross lot area minus wetlands,
wetland transition areas and any other areas within which development
is prohibited, subject to the following:
(a)
In cases where multiple contiguous lots or noncontiguous lots
located within 200 feet of each other are devoted to the same institutional
use, the cumulative area of the lots devoted to the use shall be used
in determining compliance with this requirement. For example, if a
house of worship or school owns and uses a parking area on an adjacent
lot or on a lot located across the street, the area of both lots shall
count towards the minimum lot area.
(b)
The area of noncontiguous lots that are not located within 200
feet of each other and the area of contiguous or noncontiguous lots
that are not used for the same development shall not be counted together
for purposes of the complying with the minimum lot area. For example,
if a religious school is located on a separate lot than the house
of worship with which it is affiliated and the two uses are generally
developed and operate in an independent manner, then each use shall
be considered a separate institutional use and each lot must comply
with the minimum lot area requirement.
(c)
The area of lots used by residences for institutional use staff are regulated by § 190-123B(3) above.
(5)
Minimum lot width: 150 feet for lots devoted to the principal
building and use. Lots devoted solely to accessory parking shall have
a minimum width of 100 feet for interior lots and 120 feet for corner
lots.
(6)
Minimum lot depth: 200 feet.
(7)
Maximum floor area ratio: 15% of the lot area.
(8)
Maximum coverage by above-grade structures: 20% of the lot area.
(9)
Maximum improvement coverage: 65% of the lot area.
(10)
Maximum building height: 45 feet.
(11)
Minimum yard setbacks for principal buildings and accessory
buildings having a floor area greater than 750 square feet:
(a)
Front yards: as required in the zone for dwellings. For the
purpose of administering this yard setback requirement, the height
of the building shall be calculated using the height of any steeple,
tower, minaret or similar structure
(b)
Side yards: the height of the building or 40 feet, whichever
is greater.
(c)
Rear yard: the height of the building or 50 feet, whichever
is greater.
(d)
Steeples, towers, minarets, and similar structures: the height
of such structure or as otherwise required for the principal or accessory
building, whichever is greater.
(12)
Minimum yard setbacks for accessory buildings having a floor
area up to 750 square feet:
(13)
Minimum yard setbacks for parking areas and driveways:
(14)
Minimum yard setbacks for outdoor use areas such as playgrounds,
sports fields, courts, etc.:
(15)
A buffer area shall be provided along the common boundary of
the institutional use with any adjacent property in a residential
zone district that is developed for residential use or is vacant and
able to be developed for residential use in conformance with the zone
regulations. Such buffer area shall be planted with screening vegetation
and a solid fence, as approved by the Planning Board. In the front
yard, the design of the buffer area may be modified, or the buffer
may be eliminated entirely, as determined by the Board, in order to
provide adequate sight distance for driveways or to maintain the residential
streetscape in the neighborhood, while still providing an adequate
buffer for adjacent residential properties. The minimum depth of the
buffer, measured perpendicular to the property line, shall be as set
forth below:
|
Net developable area of property
|
Minimum buffer depth
| |
|---|---|---|
|
Up to 50,000 square feet
|
10 feet
| |
|
Over 50,000 square feet
|
10 feet, plus one foot of additional depth for each additional
5,000 square feet of additional net developable area, or fraction
thereof, greater than 50,000 square feet; provided, however, that
no buffer shall be required to have a depth greater than 30 feet.
|
(a)
For purposes of this requirement, "net developable area" shall
be defined as the gross area of the property minus wetlands, wetland
transition areas and any other areas within which development is prohibited.
C.
(Reserved)
D.
Single-family attached residential units. Single-family
attached residential units shall be permitted in the R-1A District
only after the following requirements are met:
(2)
Height. No structure containing a single-family attached
unit shall exceed a height of 30 feet.
(3)
Setbacks. No building or structure shall be located
closer than:
(a)
Fifty feet to any public street or highway.
(b)
Twenty feet to the curbline or edge of pavement
of any internal private road.
(c)
Ten feet to the pavement edge of a driveway where said driveway traverses the setbacks between buildings as hereinafter regulated in § 190-123D(7).
(d)
Forty feet to any other property line.
(4)
Buffer areas. Those setbacks required in § 190-123D(3) above shall be landscaped areas and shall not contain any building structure. Off-street parking is not permitted within the 40 foot setback required in § 190-123D(3)(d) above.
(5)
Density. The gross density for any development in
the R-1A Zone shall not exceed 3.5 single-family attached dwelling
units per acre. The maximum number of dwelling units permitted for
any project shall be determined by multiplying the total area of the
tract in acres, exclusive of any abutting public streets, by 3.5.
Any fractional number of units shall be treated as one unit.
(6)
Minimum tract size. Single-family attached units will
only be permitted on a tract having a minimum area of eight acres.
(7)
Distance between buildings. No structure containing
a single-family attached dwelling unit shall be permitted closer to
another structure containing a single-family attached dwelling unit
than a distance which equals 75% of the sum of heights of the two
said structures or 30 feet, whichever results in the greater distance.
(8)
Landscaping. A landscaping plan shall be submitted
and be subject to review and approval by the Planning Board at the
same time as the site plan. The landscaping plan will show in detail
the location, size and type of all plantings, including lawns, to
be used on the site. All areas not used for buildings or off- street
parking shall be included in the landscaped plan. All parking and
service areas shall be screened so that said areas are shielded from
residential areas adjacent to the site.
(9)
Lighting. Yard lighting shall be provided during the
hours of darkness to provide illumination for the premises and all
interior sidewalks, walkways and parking areas thereon. All wiring
shall be laid underground, and all lighting fixtures shall be arranged
so that the direct source of light is not visible from any residential
areas adjacent to the site.
(10)
Architecture and construction.
(a)
From a design and construction standpoint, a
single-family attached residence structure has two basic options,
as follows:
[1]
It shall be designed and constructed to resemble
a large single-family residence; or
[2]
It shall be designed and constructed with appropriately
different single-family attached residence setbacks and rooflines
so as to reflect the combination of more than one but not more than
four single-family attached residences.
(b)
The architecture employed shall be esthetically
in keeping with the surrounding area and shall be subject to approval
by the Planning Board. All buildings shall be constructed in accordance
with the building code and shall comply with the following requirements:
[1]
The exterior of each building wall of single-family
attached residences shall be of wood, brick or stone facing, solid
brick or stone or some other acceptable durable material. Asbestos
shingle and cinder or concrete block as exterior finishes are prohibited.
The applicant shall submit to the Planning Board for review and approval,
in addition to any and all other documents required by any other ordinance
concerning site plan review, floor plans, elevation drawings, color
rendering and detailed finish schedules.
[2]
The exterior of any accessory structures shall
harmonize architecturally with and be constructed of materials of
a like character to those used in principal structures.
[3]
There shall be between single-family attached
residences a soundproof fire wall constructed according to the specifications
approved by the Village Engineer. Such noncombustible wall shall have
a sound transmission classification (STC) of not less than 52 based
on the laboratory test procedure specified in the ASTM (American Society
of Testing Materials) recommended practice E-90-66T.
(11)
Utilities. Every single-family attached residential
unit must be connected to the public sanitary sewer and water systems
as approved by the Village Engineer.
(12)
Roads. All roads within the project shall be
private roads at least 24 feet wide, constructed and maintained by
the developer pursuant to specifications prepared by the Village Engineer
and subject to approval by the Planning Board.
(13)
Master deed. The developer shall furnish to
the Village as a condition of site plan approval such guaranties,
covenants, master deed or builder's agreement which shall satisfy
the requirements of the Planning Board for the construction and maintenance
of common areas, landscaping, recreational areas, public improvements
and buildings.
(14)
Units per structure. No structure shall contain
more than four single-family attached dwelling units.
(15)
Impact statement. An environmental impact statement
shall be prepared and submitted which will include an assessment,
supported by engineering data, of the environmental impact of the
project relating to vehicular traffic, noise, storm drainage, sanitary
sewer facilities.
(16)
The Planning Board shall require entrances and
exits to the site at locations and widths that will minimize traffic
congestion and result in the best vehicular and pedestrian circulation
pattern both on and abutting the site. The Planning Board may require
the applicant to submit a traffic engineering study prepared by a
licensed professional traffic engineer which will indicate the impact
that the development of the site will have on surrounding roads. This
traffic study shall include an analysis of estimated peak hourly traffic
to be generated by the proposal and an assignment of estimated peak
hourly traffic by percentage and volume to surrounding streets. If
the results of the study indicate necessary off-site improvements
to existing Village streets, the applicant shall contribute a prorated
share of such improvements as determined by the Planning Board.
(17)
Building coverage. Not more than 20% of the
total tract area shall be covered by any above-grade buildings or
structures.
(18)
Total impervious coverage. Not more than 35%
of the total tract area shall be covered by any impervious material,
including but not limited to buildings, structures, driveways, parking
areas, patios, walkways, game areas such as tennis courts, swimming
pools and the like.
(19)
Common open space. The developer of single-family attached residential units as a conditional use shall make provision for the establishment of an open space organization which shall own and maintain all common open space for the benefit of owners or residents of the development, in accordance with § 190-48.
E.
Cellular telecommunications antennas. Cellular telecommunications
antennas are permitted in the OB-2 Zone District as a freestanding
structure and are permitted in the B-1, B-2, OB-1, OB-2, C and H Zone
Districts if attached at or near the top of an existing tall structure,
only if all of the following requirements are complied with:
(1)
Intent. The provisions of this chapter are intended
to:
(a)
Reasonably accommodate cellular telecommunications
as may be required by the Federal Telecommunications Act of 1996 and
by the Federal Communications commission.
(b)
Minimize the number of towers or monopoles in
the Village and to encourage as an alternative the installation of
cellular telecommunications antennas at or near the top of existing
tall structures.
(c)
Encourage the collocation of cellular telecommunications
antennas on as few structures as necessary, rather than locating such
antennas each on separate structures.
(d)
Mitigate the visual impacts from cellular telecommunications
antennas in all areas through proper location and through the use
of creative and compatible design.
(e)
Protect residential areas from encroachment
by incompatible uses, specifically cellular telecommunications antennas,
and to provide for the appropriate separation of residential uses
and cellular telecommunications antennas.
(f)
Avoid the potential damage to adjacent properties
from tower or antenna failure or from falling ice from such structures
through stringent engineering and siting of tower structures.
(2)
(Reserved)
(3)
Requirements for freestanding antennas. In addition
to any other applicable requirements of this chapter, the following
requirements shall apply to freestanding cellular telecommunications
antennas:
(a)
Freestanding cellular telecommunications antennas shall be permitted only in the OB-2 Zone District, and only if the applicant demonstrates to the satisfaction of the Board that the purposes set forth in § 190-123E(1)(a) through (f) are satisfied by the application, and in particular that no other space is reasonably available on any other existing or pending structure, within or outside the Village, that would conform with the provisions of this Subsection § 190-123E and that would provide adequate communication pursuant to the Telecommunications Act of 1996. In order to demonstrate the foregoing, the applicant shall submit an inventory of all existing antenna towers, building-mounted antennas and sites approved or pending approval, as well as all other tall buildings, water towers, utility towers and similar structures within the area being served by the proposed freestanding antenna.
(b)
No freestanding tower or antenna structure shall exceed a height of 120 feet. Any buildings or equipment accessory to or servicing the cellular telecommunications tower or antenna shall conform with the height requirements otherwise applicable in the zone district. The height of such structures shall be measured as set forth in § 190-119D(6).
(c)
Any freestanding tower or antenna structure
shall be set back from any property line a distance equal to or greater
than the height of the tower and antenna. Any buildings or equipment
accessory to or servicing the cellular telecommunications tower or
antenna shall conform with the setback requirements otherwise applicable
in the zone district.
(d)
Any proposed cellular telecommunications antenna
and related structures shall be designed, structurally, electrically
and in all respects, to accommodate both the applicant's antennas
and additional antennas that may be installed in the future by the
applicant or other telecommunications service providers as required
below, unless the applicant demonstrates to the satisfaction of the
Board that such collocation is not feasible or necessary to minimize
the number or visible impact of future antennas.
[1]
The antenna shall provide space for the antennas
and related structures of at least two additional users if the antenna
is over 100 feet in height.
[2]
The antenna shall provide space for the antennas
and related structures of at least one additional user if the antenna
is over 60 feet and equal to or less than 100 feet in height.
[3]
The antennas and related structures shall be
designed for future rearrangement of antennas and to accept antennas
mounted at varying heights.
[4]
The applicant shall provide a letter of commitment,
submitted prior to any approval by the Board, to lease excess space
on the facility to other potential users at reasonable rental rates
and on reasonable terms. The letter shall commit the owner of the
antenna and related structures and equipment, as well as any successors
in interest.
[5]
If the foregoing design for collocation requires
additional antenna height or structures beyond that necessary for
a single-user installation or beyond that permitted above, the Board,
in determining the acceptable design, shall balance the benefits and
probability of collocation against any detriments resulting from such
additional antenna height or structures and may waive such collocation
requirement if the detriments to the public welfare outweigh the benefits.
(e)
The base of any freestanding antenna support
structure and any structures accessory to or servicing the tower and
antenna structure, except for buildings, shall be screened from the
street and adjacent properties by a solid wood fence six feet high
and by a planted buffer. The depth of the buffer shall be sufficient
to accommodate the future growth of the plantings in the buffer, depending
upon the specific plant(s) used, but not less than 10 feet in depth.
The fence shall be located further from the street and adjacent properties
than the plantings. The plantings shall be evergreen and shall be
at least six feet high at the time of planting. The plantings shall
be spaced in such a manner that, depending upon the specific plant
used, they can be expected to form a single mass without any apparent
breaks or gaps in the screen within five years of planting.
(g)
No freestanding antenna over 75 feet in height
shall be located closer to any other freestanding antenna over 75
feet in height than 15 times the height of the higher antenna. No
freestanding antenna less than or equal to 75 feet in height shall
be closer to any other freestanding antenna than two times the height
of the higher antenna.
(h)
One off-street parking space shall be provided
for every three cellular telecommunications service providers having
facilities on the site, in addition to any other parking that is required
on the property for other uses. Fractional space requirements shall
be rounded up to the next higher whole number.
(4)
Requirements for antennas mounted on an existing structure.
In addition to any other applicable requirements of this chapter,
the following requirements shall apply to cellular telecommunications
antennas mounted on an existing structure:
(a)
The existing structure shall be at least 40
feet in height.
(b)
The antenna(s) shall be located at or near the
top of the existing structure.
(c)
The height of such antenna and related structures
above the ground shall not exceed the height above the ground of the
existing structure in the location of the antenna by more than 15
feet.
(d)
The antenna and related structures shall be
set back from the building facade a distance equal to or greater than
the height of such antenna and related structures above the elevation
of the building where the antenna and related structures are mounted.
(e)
When visible from any abutting street or property,
the antenna and related structures shall be screened, as much as possible
without interfering with antenna transmission and reception, by materials
that have the same color and finish as the building facade, or when
mounted on the roof of a building with a sloped roof, have the same
color and finish as the roofing material. If complete screening is
not provided, the applicant shall have the burden of proving that
the same is not possible without interfering with antenna reception
and transmission.
(f)
One off-street parking space shall be provided
for every three cellular telecommunications service providers having
facilities on the site, in addition to any other parking that is required
on the property for other uses. Fractional space requirements shall
be rounded up to the next higher whole number.
F.
Renovation and conversion of a single existing structure
so as to contain dwelling units as a conditional use. The renovation
and conversion of a single existing structure so as to contain dwelling
units shall only be permitted in the R-2A Residence District if all
of the following requirements are met:
(1)
Required site plan. A site plan shall be submitted and approved by the Planning Board as required in Article VII, and said plan shall show, in addition to all information required by Article VIII, that all standards established herein for the renovation and conversion of a single existing structure so as to contain dwelling units as a conditional use shall be complied with.
(2)
New residential buildings prohibited. New buildings
or additions to existing buildings which will contain dwelling units
shall not be permitted within said R-2A Residence District; new buildings
or additions in said district shall only be permitted for a use permitted
in the R-2 District, and only after demolition of the existing single
structure.
(3)
Conversion of existing structure. Any existing structure
within said R-2A Residence District may be renovated and converted
so as to contain dwelling units, provided that there shall be no physical
enlargement beyond the exterior walls of said existing structure,
and further provided that all conditions as set forth in this subsection
are complied with.
(4)
Open spaces. All areas within the site which are not
used for structures or off-street parking or recreational amenities,
as approved by the Planning Board, shall be landscaped pursuant to
a plan approved by the Planning Board, which plan shall show in detail
the location, size and type of all plantings, including lawns, to
be used on the site. All parking and service areas shall be screened
so that said areas are shielded from residential areas adjacent to
the site.
(5)
Number of dwelling units permitted in existing structure.
The number of dwelling units in an existing structure shall be limited
to the quotient obtained by dividing the total gross floor area of
the existing structure, expressed in square feet, by 1,135 square
feet; any fraction in the quotient resulting from this calculation
will be disregarded.
(6)
Lighting. Yard lighting shall be provided during the
hours of darkness to provide illumination for the premises and all
interior sidewalks, walkways and parking areas thereon. All wiring
shall be laid underground, and all lighting fixtures shall be arranged
so that the direct source of light is not visible from any residential
areas adjacent to the site.
(7)
Architecture and construction. The architecture employed
shall be esthetically in keeping with the existing structure and shall
be subject to approval by the Planning Board. All structures shall
be constructed in accordance with the building code.
(8)
Renovation plans. The applicant shall submit to the
Planning Board for review and approval, in addition to any and all
other documents required by any other ordinance concerning site plan
review, floor plans, elevations, drawings, color rendering and detailed
finish schedules.
(9)
Accessory structures. The exterior of any accessory
structure shall harmonize architecturally with and be constructed
of materials of a like character to those used in principal structures.
(10)
Utilities. Each dwelling unit shall be connected
to the public sanitary sewer and water systems as approved by the
Village Engineer.
(11)
Construction and maintenance of common facilities.
The developer shall submit to the Planning Board, as a condition of
site plan approval, such a master deed, declaration of restrictions,
builder's agreement or other legal instrument which shall satisfy
the requirements of the Planning Board with respect to the proper
construction and maintenance of common facilities, common areas, landscaping,
recreational areas and common improvements to be installed for the
benefit of owners or residents of said dwelling units located in the
single existing structure.
(12)
Environmental impact statement. An environmental
impact statement shall be prepared by a qualified expert acceptable
to the Planning Board and submitted to the Planning Board for its
approval, which statement will include an assessment, supported by
competent engineering data, of the environmental impact relating to
vehicular traffic, noise, storm drainage and sanitary sewer facilities.
(13)
The Planning Board shall require entrances and
exits to the site at locations and widths that will minimize traffic
congestion and result in the best vehicular and pedestrian circulation
pattern both on and abutting the site. The Planning Board may require
the applicant to submit a traffic engineering study prepared by a
licensed professional traffic engineer which will indicate the impact
which the development of the site will have on surrounding roads.
This traffic study shall include an analysis of estimated peak hourly
traffic to be generated by the proposal and an assignment of estimated
peak hourly traffic by percentage and volume to surrounding streets.
If the results of the study indicate necessary off-site improvements
of existing Village or county streets, the applicant shall contribute
a prorated share of such improvements as determined by the Planning
Board.
(14)
Total impervious coverage of tract. Not more
than 35% of the total tract area shall be covered by any impervious
material, including but not limited to buildings, structures, driveways,
parking areas, patios, walkways, game areas such as tennis courts,
swimming pools and the like.
G.
(Reserved)
H.
Drive-in banks. Drive-in banks shall only be permitted
in the B-2 Zone after the following requirements are met:
(2)
The nearest lot line of the lot or parcel of land
shall be at least 300 feet, measured in a straight line, from the
nearest lot line of any lot upon which is located any other drive-in
bank.
(3)
The minimum lot size shall be 18,000 square feet,
and the minimum street frontage of such lot shall be 120 feet. If
a drive-in bank is located on a corner lot, the minimum street frontage
on each street shall be 120 feet.
(4)
Entrance and exit driveways shall have an unrestricted
width of not less than 20 feet nor more than 30 feet, shall be located
not nearer than five feet from any lot line and shall be so designed
as to avoid the necessity of any vehicle leaving the property by backing
out across any public sidewalk, street or portion thereof.
(5)
No part of any building or structure shall be located
within 100 feet of any residential zone district boundary line.
(6)
The minimum distance between driveways shall be 50
feet measured from the two closest driveway curbs.
(7)
The minimum distance a driveway into the site shall
be from a street intersection shall be 100 feet measured from the
intersection of the street right-of-way to the nearest end of the
curb radius.
(8)
All drive-in banks shall provide suitable storage
of trash areas which are so designed and constructed as to allow no
view of the trash storage from the street, to prevent waste from blowing
around the site or onto adjacent properties or public rights-of-way
and to permit safe easy removal of trash by truck or hand.
(9)
All drive-in banks shall provide off-street parking
at a ratio of at least one off-street parking space for every 150
square feet of gross floor area.
(10)
A traffic impact statement shall be submitted
by the applicant which will include an assessment, supported by engineering
data, of the impact the proposed drive-in bank will have on the surrounding
streets. This traffic study shall include, among other things:
(a)
The estimated peak hourly traffic to be generated
by the proposed drive-in bank.
(b)
The assignment of estimated peak hourly traffic
by percentage and volume to surrounding streets.
(c)
The estimated peak hourly turning movements
for all right and left turns into and leaving the banking facility.
(d)
What impact the peak hourly traffic and turning
movements would have on the abutting streets serving the banking facility.
(e)
Any proposed solutions to the traffic problems
that may be created or increased as a result of the construction or
expansion or renovation of the drive-in bank.
(11)
Notwithstanding any other provisions of this
section, any existing bank establishment in the B-1 Zone that operates
a drive-in banking facility on site shall be construed as having a
nonconforming use for only that part of said establishment devoted
to the drive-in banking facility.
I.
Membership-based outdoor recreational club uses. "Membership-based
outdoor recreational club" shall be defined as an organization, and
its associated facilities, which is created for and designed to provide
on-site outdoor recreational opportunities such as tennis, platform
tennis, paddle tennis, racquetball, handball, squash, swimming and
similar recreational activities primarily to the members of the organization
and their guests. Such clubs shall be permitted in the R-125 Zone
District only if all of the following requirements are complied with:
(1)
The
site shall contain a minimum of 10 acres.
(2)
Any
clubhouse or other similar principal building or structure shall have
a gross floor area on the ground floor of no more than 10,000 square
feet.
(3)
Any
clubhouse or other similar principal buildings or structures shall
be limited to two stories and shall not exceed 30 feet in height.
(4)
All
buildings, roofed structures, shade shelters, parking areas and outdoor
play areas shall be located at least 100 feet from an abutting property
used for residential purposes. Buildings, shade shelters, and roofed
structures shall meet the setbacks from other property lines as set
forth in the zone regulations.
(5)
The
total land area to be devoted to outdoor games, courts and play areas
shall not exceed 30% of the total area of the site.
(6)
All
outdoor activities to be conducted on the site shall be limited to
the hours between 7:00 a.m. and 10:00 p.m.
(7)
The illumination of courts shall be permitted during the hours within which outdoor activities are permitted pursuant to Subsection I(6) above. Notwithstanding the height limitation for lighting in § 190-85D, such fixtures shall not exceed a height of 30 feet. Such lighting shall not be required to face downward but shall be oriented and shielded in such a manner as to avoid undue illumination of and directing glare onto adjacent properties, as determined by the Planning Board. All other lighting shall also conform to the requirements of § 190-85.
(8)
A
one-hundred-foot buffer strip shall be provided adjacent to any abutting
residential zones. Such buffer shall be landscaped, retained in a
natural wooded condition, or both, as required by the Planning Board,
and maintained in good condition. No above-grade structures shall
be permitted within this buffer strip except a driveway and related
improvements providing access to the property and any structures,
such as fences, designed to enhance or supplement the function of
the buffer area. All buildings, parking areas and outdoor play areas
shall be effectively screened by a fence, wall or hedge, maintained
in good condition, as approved by the Planning Board, on any side
of the site which adjoins or faces premises situated in any residential
zone, but such fence, wall or hedge may be waived by the Planning
Board if, in its judgment, because of topographic or other conditions,
such fence, wall or hedge shall not be necessary to screen adjoining
or facing residential property.
(9)
Notwithstanding
any other provision of this chapter, the height of any fence enclosing
an outdoor play area shall not exceed 12 feet.
J.
Public utility facilities. Public utility facilities, as defined by this chapter and for which proof is furnished that the proposed installation in the specific location is necessary for the proper functioning of the public utility system and is designed primarily to serve the neighborhood in which the facility is to be located and/or the Village of Ridgewood, shall comply with the following requirements; provided, however, that this subsection shall not apply to public utilities exempted by § 190-2C and D:
(1)
Prohibited facilities. The facility shall not include any of
the following uses or structures:
(a)
Terminal, parking facility, storage or maintenance facility
for buses or railways.
(b)
Electric substation.
(c)
Natural gas transmission pumping facility or pressure reduction
facility.
(d)
Any facility relating to the collection, transfer, processing,
storage or disposal of solid waste or vehicles engaged in the collection
of solid waste.
(e)
A hazardous waste site or any facility relating to the storage,
transfer processing or disposal of hazardous waste.
(f)
Cellular telecommunications antennas and related structures and equipment, which structures and equipment are regulated by § 190-123E.
(g)
In residential zone districts, any facility that would typically
generate more than 10 trips per day. For purposes of this requirement,
a "trip" shall be considered each movement of a motor vehicle to the
site or from the site via area streets.
(2)
Height, bulk and intensity of use regulations. If public utility
facilities are located in any residential zone, the following requirements
shall apply:
(a)
Maximum floor area ratio: 20% of the lot area.
(b)
Maximum coverage by above-grade structures: 20% of the lot area.
(c)
Maximum improvement coverage: 50% of the lot area.
(d)
Maximum height of structures. The height of buildings and other
roofed structures shall not exceed 25 feet.
(e)
Minimum front yard setback: as required in the zone for dwellings.
(f)
Minimum side yard: the height of the building and other roofed
structure or 20 feet, whichever is greater.
(g)
Minimum rear yard: the height of the building and other roofed
structure or 20 feet, whichever is greater.
(h)
Minimum setbacks for other above-ground structures or equipment:
the same as required for buildings and roofed structures.
(i)
Minimum setbacks for driveways, parking areas and other vehicular
use areas. Driveways, parking areas and other vehicular use areas
shall be located at least 15 feet from the side and rear lot lines.
Parking areas and other vehicular use areas shall be located at least
25 feet from front lot lines.
(j)
The foregoing setback requirements shall not apply to any pipes,
structures or equipment located beneath the surface of the ground.
(3)
Exterior appearance of structures. The exterior appearance of
any building or structure required for such use shall be compatible
with the character of buildings or structures in the area in which
the site is located, as determined by the Board.
(4)
Buffer requirements. A buffer area having a depth of at least
10 feet shall be provided along the common boundary of the public
utility facility and any adjacent residential property. Such buffer
area shall be planted with screening vegetation and a solid fence,
as approved by the Planning Board. In the front yard, the design of
the buffer area may be modified, or the buffer may be eliminated entirely,
as determined by the Board, in order to provide adequate sight distance
for driveways or to maintain the residential streetscape in the neighborhood,
while still providing an adequate buffer for adjacent residential
properties.
In addition to all other applicable requirements
of this chapter, the following requirements shall apply to the uses
and structures specified below. The following uses and structures
shall be permitted when so indicated in the specific zone regulations,
and the following requirements shall not be construed to be conditional
use requirements.
A.
Residential cluster. Residential cluster may be permitted
by the Planning Board in accordance with this chapter, provided that
the following requirements shall supersede the requirements for conventional
developments above. Where a different standard is not set forth below,
the standards for conventional development shall apply.
(2)
Every lot shall contain a minimum lot area of 12,600
square feet.
(3)
Every lot shall contain a minimum lot width, measured
at the minimum front yard setback line, of 90 feet; provided, however,
that no lot shall measure less than 75 feet in width at any point
within 140 feet of the front lot line.
(4)
Every lot shall contain an average lot width of at
least 90 feet, calculated so that the minimum lot area of 12,600 square
feet shall be provided within 140 feet of the front lot line.
(5)
All land, other than building lots and roadways, resulting
from and made available by the reduction of lot sizes pursuant to
this subsection shall be reserved for open space. The amount of open
space to be reserved shall be at least two acres unless the open space
to be reserved abuts land already owned by the Village or by the Board
of Education of the Village or land shown on the Master Plan or Official
Map of the Village as park or school/park land.
(6)
The Planning Board need not approve any subdivision
employing open space zoning if, in its sole discretion, open space
zoning would not be suitable for the orderly development of the area
in which it is located or would not conform to the general pattern
of the development of existing community facilities or school/park
lands or the general pattern of the development of such facilities
or school/park lands as shown on the master plan or Official Map of
the Village.
B.
Family day-care homes. Family day-care homes contained
in a residence, when permitted, shall comply with the following requirements:
(1)
There shall be no physical evidence of said use from
the exterior of the residential building.
(2)
Signs of any kind advertising the nonresidential use
are prohibited.
(3)
The remodeling of any residential building in any
way to create the impression of business activity from the exterior
of the residential building is prohibited.
(4)
No family day-care home shall have the services of
any person not residing therein.
(5)
Any family day-care home shall be limited to the first
floor of such residence and shall not occupy more than 25% of the
habitable floor area of the residence or 50% of the habitable floor
area on the ground floor, whichever is less.
D.
Car rental establishments. Car rental establishments,
when permitted, shall comply with the following requirements:
(1)
The minimum lot size for any lot upon which any car
rental establishment is located shall be 14,000 square feet.
(2)
The minimum street frontage of such lot shall be 100
feet. If a car rental establishment is located on a corner lot, the
minimum street frontage on each street shall be 100 feet.
(3)
Entrance and exit driveways to and from any lot upon
which is located a car rental establishment shall have an unrestricted
width of not less than 16 feet nor more than 24 feet, shall be located
not nearer than 10 feet from any lot line and shall be so laid out
as to avoid the necessity of any vehicle leaving the property by backing
out across any public sidewalk, street, highway, right-of-way or portion
thereof.
(4)
The area of all driveways and other areas over which
motor vehicles are intended to be driven or parked on any lot upon
which is located a car rental establishment shall be paved with a
bituminous or concrete surface sufficient to meet the Village paving
specifications applicable to streets and roadways.
(5)
On any premises upon which a car rental establishment
is located, all services or repairs to or for motor vehicles, other
than such minor items as the changing and filling of tires or the
filling of gasoline or oil, shall be conducted within the confines
of a building capable of being wholly enclosed.
(6)
No part of any building used as a car rental establishment
and no filling pump or other service appliance, whether for gasoline,
oil or any other combustible liquid or material, shall be erected
within 10 feet of any side or rear lot line, and the ten-foot free
area required hereunder shall be at all times kept free, open and
unobstructed for the purposes of ready access by emergency fire and
police vehicles.
(7)
At any car rental establishment, storage facilities
for gasoline, oil or other flammable materials in bulk shall be located
wholly underground and no nearer than 35 feet from any lot line other
than any street side line. No gasoline or oil pumps, oil or greasing
mechanism or other service appliance installed for use at such premises
shall be within 10 feet of any street side line, and no gasoline pump
shall be located or permitted within any enclosed or semi-enclosed
building.
(8)
No part of any building or structure used in whole
or in part as a car rental establishment shall be located within 100
feet of any boundary line of any residential zone district nor 300
feet, measured in a straight line, from the nearest lot line of any
lot upon which is located a like car rental establishment.
(9)
The area to be used for the parking of automobiles
for rental shall not be more than two square feet of area for each
square foot of all enclosed buildings having four walls and a roof
devoted to the car rental operation.
E.
Outdoor storage. The following regulations shall govern
outdoor storage within the Village:
(1)
In the R-125, R-110, R-1, R-2 and R-3 Residential
Zones, and in other zones where a legal one-family or two-family dwelling
exists, outdoor storage shall be permitted only as an accessory use
to a one-family detached or two-family dwelling and shall be limited
to private camping trailers, boats and boat trailers, garden tractors
and implements, automobiles, motorcycles and motorbikes, except as
otherwise provided below. Such storage shall comply with the following
requirements:
(a)
Outdoor storage shall be permitted in the side
and rear yard.
(b)
The item as stored shall not exceed six feet
in height.
(c)
The item shall be screened with a fence or screening
hedge so that such item is not visible from any abutting residential
property or street.
(d)
Any items stored in the side yard shall not
be permitted closer to the side lot line than the side yard setback
requirements for a principal building on the same lot.
(e)
Any of the permitted items enumerated in § 190-124E(1) that exceed a height of six feet, as well as any pickup or panel truck, mobile home, bus, van used for commercial purposes or recreation vehicle, may be stored on any residential lot only if such item shall be kept in an enclosed garage on such lot; provided, however, that the parking of any recreational vehicle outside a garage for up to five separate or consecutive days during a calendar year shall be permitted.
(2)
Outdoor storage of any kind is prohibited in the residential
zones, except for a legal one-family detached or two-family dwelling.
[Amended 8-9-2006 by Ord. No. 3015; 3-23-2016 by Ord. No. 3493]
(3)
Nothing contained herein shall be construed as prohibiting
parking of passenger vehicles used by the occupant for day-to- day
activities, provided that such vehicles have side windows and are
parked on the driveway. Trucks parked overnight shall be garaged.
(4)
In all nonresidential zones, no article, equipment,
vehicle, supplies or material shall be kept, stored or displayed outside
the confines of any building unless and until the following regulations
are complied with, except that outdoor cafes licensed by the Village
and permitted by this chapter shall be exempt from the following requirements
to the extent such exception is required to carry out the outdoor
cafe business:
(a)
Outdoor storage is only permitted in the side
and rear yards.
(b)
Any items stored in the side yard shall not
be permitted closer to the side lot line than the side yard setback
requirements for a principal building on the same lot.
(c)
Outdoor storage shall be screened by special
planting or fencing, maintained in good condition, so that items being
stored shall not be visible from any adjacent property or public street.
[Amended 4-7-2010 by Ord. No. 3242]
(d)
Any fence required to screen the outdoor storage
of flammable material otherwise permitted by this chapter shall not
be closer than 20 feet to any property line of the lot upon which
it is erected.
(5)
Where otherwise permitted by this chapter, the display of new and
used motor vehicles for retail sales as a permitted accessory use
in the B-2 Zone District shall not be required to be screened by a
planting or fence, except where the premises for such permitted use
abuts or faces any premises situated in any residential zone.
[Amended 3-23-2016 by Ord. No. 3493]
(6)
Motor vehicles, recreational vehicles, boats and trailers
parked or stored within the Village shall not be used for sleeping,
bathing, toilet functions or the preparation of food, on either a
permanent or temporary basis.
[Added 4-9-2008 by Ord. No. 3114]
(7)
Motor vehicles, recreational vehicles, boats and trailers
parked or stored in the Village shall not be used for the storage
of items or materials. Exempted from this prohibition is the storage
of items or materials in such vehicles or equipment that are designed
for this purpose, when such vehicles or equipment are accessory and
incidental to the principal use on the property and are not prohibited
by other regulations. By way of example, but not limitation, this
subsection shall be interpreted to prohibit the storage of items or
materials in a commercial vehicle or commercial trailer on a residential
property, unless such commercial vehicle or trailer is permitted to
be located on the property by other regulations of the Village.
[Added 4-9-2008 by Ord. No. 3114]
(8)
The storage of flammable, toxic or hazardous materials
on property or in vehicles shall comply with all applicable regulations,
including but not limited to the regulations of the New Jersey Department
of Environmental Protection, the Village’s Department of Health
and the Fire Department.
[Added 4-9-2008 by Ord. No. 3114]
F.
Fences, freestanding walls and retaining walls. The following regulations
apply to fences, freestanding walls and retaining walls. In addition,
enclosures for swimming pools and hot tubs shall be required to comply
with the requirements of the Uniform Construction Code of the State
of New Jersey, in addition to the following regulations. In case of
conflict between this subsection and the Uniform Construction Code
of the State of New Jersey, the more restrictive requirement shall
apply.
[Amended 3-12-2003 by Ord. No. 2818; 9-11-2019 by Ord. No. 3730]
(1)
Fences and retaining walls shall be permitted in front,
side and rear yards. Unless required to be located in the front yard
by this chapter for buffers or screening purposes, freestanding walls
shall be permitted only in the side and rear yards, except that sitting
walls and walls that are designed as a planter, either of which do
not exceed a height of 24 inches, shall be permitted in the front
yard.
[Amended 5-14-2008 by Ord. No. 3120; 6-13-2012 by Ord. No.
3343]
(2)
Minimum setback. The required setbacks for fences
and walls shall be as follows:
[Amended 5-14-2008 by Ord. No. 3120]
(a)
Fences and freestanding walls may abut property
lines without any setback required. Retaining walls may abut the front
property line only without any setback required.
(b)
The exposed face of retaining walls shall be
set back from any side or rear lot line a horizontal distance not
less than one foot for each foot of height of the retaining wall.
For walls located five feet or less from the property line, the required
setback shall be based upon the height of the retaining wall above
the ground level at the property line. For other walls, the required
setback shall be based upon the height of the retaining wall above
the finished ground level at the base of the wall.
(c)
In the case of multiple retaining walls, the
exposed face of each wall shall be set back from the exposed face
of each other wall a horizontal distance not less than one foot for
each foot of height of the higher retaining wall. The required distance
between walls shall be based upon the vertical difference between
the top of the wall above and the top of the wall directly below.
In the case of walls of varying height, the setback at any point shall
be based upon the height of the wall at the same point.
(d)
For purposes of determining the required minimum
setback, the height of any fence or other barrier located at the top
of a retaining wall shall be included within the height of the retaining
wall unless such fence or other barrier is set back from the face
of the wall a horizontal distance not less than one foot for each
foot of height of the barrier or the retaining wall, whichever is
greater, measured from the finished grade at the base of the barrier
and wall, respectively.
(3)
Maximum height. The maximum permitted height of fences,
freestanding walls and retaining walls shall be as follows:
[Amended 12-13-2006 by Ord. No. 3034; 5-14-2008 by Ord. No.
3120]
(a)
The height of fences and freestanding walls accessory to single-family
detached dwellings, two-family dwellings, community shelters and residences,
and any other uses that are subject to the same requirements as the
foregoing uses, shall not exceed four feet; provided, however, that
a height of up to six feet shall be permitted for such fences and
freestanding walls if all of the following conditions are complied
with:
[Amended 4-12-2017 by Ord. No. 3591]
[1]
The fence or freestanding wall is located at or near a property line that abuts a property developed primarily with a nonresidential use, multifamily dwelling or single-family attached dwelling, or the fence is a required enclosure for a regulated pool, provided that in the event the pool is removed or is no longer required to be enclosed, such fence shall be removed, reduced in height or otherwise brought into compliance with Chapter 190.
[2]
The fence or freestanding wall is located in the side and/or
rear yard of the subject property.
(b)
The height of fences and freestanding walls accessory to single-family attached dwellings, multifamily dwellings and nonresidential uses shall not exceed four feet, unless such fence or freestanding wall is required by § 190-94D and approved by the Planning Board or Board of Adjustment and is located within the side or rear yard, in which case the height shall not exceed six feet, except as may be provided otherwise by this chapter. In addition, a height of up to six feet shall be permitted for fences and freestanding walls that are accessory to single-family attached dwellings and multifamily dwellings if all of the following conditions are complied with:
[Amended 4-12-2017 by Ord. No. 3591]
[1]
The fence or freestanding wall is located at or near a property line that abuts a property developed primarily with a nonresidential use, or the fence is a required enclosure for a regulated pool, provided that in the event the pool is removed or is no longer required to be enclosed, such fence shall be removed, reduced in height or otherwise brought into compliance with Chapter 190.
[2]
The fence or freestanding wall is located in the side and/or
rear yard of the subject property.
(c)
The height of retaining walls shall not exceed
four feet, measured from the finished ground level at the base of
the wall. In the case of multiple retaining walls, the following shall
apply:
[1]
The height of any individual wall shall not
exceed four feet.
[2]
The height of any wall located uphill from a
lower wall shall be measured from the top of the lower wall, unless
the exposed faces of the two walls are separated by a horizontal distance
equal to or greater than the elevation difference between the tops
of the two walls. In the latter case, the height of the uphill wall
shall be measured from the finished ground level at the base of the
wall.
[3]
The total height of all walls combined shall
not exceed 12 feet within a horizontal distance of 20 feet. The twelve-foot
height shall be measured from the finished ground level at the base
of the lowest wall within 20 feet.
(d)
In determining the height of fences, freestanding
walls and retaining walls, the following shall apply:
[1]
For fences and walls that are not uniform in
height along the top of the fence, the height shall be measured to
the highest point of the fence, except as provided otherwise herein.
[2]
Notwithstanding the maximum height limitations
applicable to fences and walls herein, fence posts and gates may exceed
the maximum permitted fence height by up to one foot.
[3]
For fences and walls located on sloping ground,
the height shall be measured from the ground directly below the point
of measurement.
[4]
The height of fences and freestanding walls shall be measured as set forth in § 190-119D(6).
[5]
In the case of fences, guard rails or other barriers located at the top of retaining walls, the combined height of the barrier and the retaining wall shall not exceed the permitted height for either fences or walls, unless the barrier and wall are separated as provided in Subsection F(2)(d) above.
(4)
Sight distance. No fence, freestanding wall or retaining
wall shall be located on any property in any way which interferes
with necessary safe sight distance for either operators of vehicles
or pedestrians at intersections of streets, driveways, access aisles
for parking or loading areas, and/or sidewalks, or which interferes
with necessary safe sight distance along horizontal curves of streets.
The following shall apply:
(a)
The Village Engineer shall be responsible for
determining the appropriate sight distance in each case, and shall
take into account the horizontal alignment of traveled ways, topographical
conditions, the normal speed of travel, the presence of existing visual
obstructions, and other such characteristics that they may deem appropriate.
(b)
Notwithstanding the permitted height, location
and design of fences, freestanding walls and retaining walls set forth
in this chapter and in other regulations, the Village Engineer may
require more stringent requirements as may be necessary to ensure
safe sight distance.
(5)
Safety barriers. The reviewing authority may, in appropriate
instances, require a guard rail or other restraining device at the
top of retaining walls if deemed necessary or advisable to protect
persons, vehicles or equipment from falling off the wall.
(6)
Materials and construction. The following standards
shall apply to the materials and construction of fences and walls.
(a)
In the event that both sides of a fence or freestanding
wall are not identical, the finished or preferred side shall be required
to face the street and/or abutting properties, as applicable. For
purposes of administering this provision, the finished or preferred
side shall be that side which best conceals the fence posts, rails
and other supporting parts, and/or which is painted, stained or otherwise
treated when only one such side is so treated.
(b)
Walls shall not be faced with unfinished, painted
or stained poured concrete, concrete block or cinder block, unless
the same is textured to simulate natural stone or is split-face block.
(c)
Fences located within the front yard shall not
be more than 60% solid, unless required by this chapter for buffers
or screening purposes, in which case fences may be completely solid.
The measurement of solidity shall be made perpendicular to the side
of the fence. In addition, fences located within the front yard shall
not be more than six inches thick.
[Amended 6-13-2012 by Ord. No. 3343]
(d)
Fences, freestanding walls or retaining walls
that may present a danger or hazard to the public welfare, including
but not limited to fences or walls, which are electrified, contain
broken glass, razor wire or barbed wire, or other sharp edges, are
prohibited.
(8)
Recreational facility enclosures other than swimming pool enclosures shall be required to comply with § 190-124G(4), notwithstanding the provisions of Subsection F(2) and (3) above.
G.
Recreational facilities for single-family detached
or two-family residential uses. Recreational facilities basketball
courts, handball courts, paddleball courts, platform tennis courts,
racquetball courts, tennis courts and similar recreation facilities
accessory to single-family detached or two-family residential uses
and designed to serve the residents on the premises, when permitted,
shall comply with the following requirements. Notwithstanding the
above, basketball equipment which utilizes a permitted driveway on
the lot as the play surface is permitted in the same zone districts
as the foregoing recreational facilities, but is not subject to the
following requirements; provided, however, that such equipment shall
be set back from any property line a distance equal to or greater
than the height of the equipment above grade.
[Amended 5-13-1996 by Ord. No. 2565; 6-7-1999 by Ord. No. 2670; 3-23-2016 by Ord. No.
3493]
(1)
The recreational facilities shall be permitted only
in the rear yard.
(2)
Notwithstanding any other provision of the specific
zone regulations to the contrary, the total coverage by improvements,
including said recreation facilities, shall not exceed 40% of the
rear yard area.
(3)
The recreational facility shall not be closer than
15 feet from any side or rear property line or 25 feet from any principal
structure on any abutting lot, whichever is greater. On corner lots,
the recreational facility shall be set back from the side street a
distance at least equal to the front yard setback requirement of the
zone district in which the subject lot is located or to the established
front yard setback of the lot adjacent to the rear lot line of the
lot on which the recreational facility is located, whichever is greater.
(4)
The maximum height of the fence enclosure, if there
is one, shall be 10 feet from ground level. Fence enclosures shall
be of chain link construction and must include a top rail.
(5)
No artificial lighting is permitted.
(6)
In addition to the enclosure fencing, if any, the
recreational facility shall be screened from adjoining property and
from view from the adjoining streets by the installation and maintenance
of landscape plantings of sufficient density, at least six feet in
height.
H.
Playhouses, tree houses and similar temporary recreational
structures for children. Playhouses, tree houses and similar temporary
recreational structures for children, when permitted, shall comply
with the following requirements:
(1)
The structures are only permitted in the rear yard.
(2)
The structures shall comply with the provisions regulating accessory structures in § 190-119C(1).
(3)
The structures shall not contain a gross floor area
greater than 64 square feet.
(4)
The height of the structures shall not exceed 10 feet
measured from the floor to the ridgeline or highest point of said
structure or 20 feet above the ground.
(5)
The structures shall be located at least 12 feet from
any principal building situated on the same lot.
(6)
The structures shall not be erected without first
obtaining a building permit which will permit the construction and
occupancy for a three-year period to commence at the date of issuance.
The occupancy permit may be renewed for additional three-year periods
after application to and inspection by the Director of Building and
Inspections.
I.
Gasoline storage tanks and related equipment. Gasoline storage tanks of any type and pumps and equipment related thereto shall be permitted as an accessory use only in the B-2 and C Commercial Zone Districts. Each such installation must comply with the provisions of §§ 190-123A(9) and (10) and 190-124D(6) and (7), as applicable, as to location.
J.
Security gates. Folding gates and screens or movable
tracked doors and similar nighttime guards on store fronts or other
nonresidential buildings for the purposes of night security are prohibited.
Existing folding gates, screens or movable tracked doors and similar
nighttime guards as hereinabove referred to are hereby designated
objectionable nonconforming structures and are required to be removed
by the owner or occupant of said structure within one year from the
date of adoption of this amendment.
K.
Awnings. Awnings shall comply with the following regulations:
[Amended 4-12-2017 by Ord. No. 3591]
(1)
In the B-1 and B-2 zones, no awning shall extend from the wall of
the building to which it is attached more than eight feet.
(2)
Awnings in the B-1 and B-2 zones may extend into the public right-of-way;
provided, however, that no awning shall extend over a public sidewalk
more than four feet. No awning shall extend into the public right-of-way
in any zone district except in the B-1 and B-2 zones.
(3)
All awnings shall be made of fabric material such as canvas, exclusive
of the structural members. Any awning in the B-1 and B-2 zones that
projects into a public right-of-way shall be retractable with a mechanism
fully capable of being operative on a daily basis if needed.
(4)
The bottom of any part of any awning shall be no closer than seven
feet from the grade below the awning when such awning is located over
a pedestrian way, or a dimension greater than seven feet, as determined
by the reviewing Board or official, as applicable, when the awning
is located over a vehicular travel path.
L.
Canopies. Canopies shall comply with the following regulations:
[Amended 4-12-2017 by Ord. No. 3591]
(1)
In the B-1 and B-2 zones, canopies shall not extend more than eight
feet from the wall of a building.
(2)
Canopies shall not extend into any public right-of-way.
(3)
No canopy shall be constructed closer than 12 inches to the vertical
extension of the curb line of the street.
(4)
No canopy shall extend past any required setback line affecting the
building to which it is affixed.
M.
Exterior equipment. Mechanical equipment and tanks located outside
of a building, including but not limited to air conditioning equipment,
heat exchangers, fans, compressors, propane tanks and oil tanks, generators,
condensers and similar equipment, shall be subject to the following
regulations:
[Amended 4-12-2017 by Ord. No. 3591]
(1)
The installation of such exterior equipment shall require the issuance
of a zoning permit.
(2)
Such equipment shall comply with the minimum required front yard
setback for principal buildings and shall be screened from the view
of adjacent properties and streets; provided, however, that the screening
requirement shall not apply to window-mounted equipment such as fans
and window air conditioners.
(3)
Such equipment shall be set back at least 10 feet from any residential
property line.
N.
Amateur radio stations. Amateur radio stations shall
be permitted as an accessory use to all permitted residential principal
uses in the Village, subject to the following requirements:
[Added 10-13-1998 by Ord. No. 2643]
(1)
The applicant shall obtain a zoning permit from the
Zoning Officer, which shall include submission of adequate plans and
supporting materials to demonstrate compliance with this chapter and
with all other applicable codes and regulations.
(2)
The applicant, who shall reside at the premises in
question, shall submit a valid current amateur radio operator's license
from the Federal Communications Commission. Such license must be maintained
at all times that the antenna and supporting structures are installed.
License renewals shall be filed with the Zoning Officer. If at any
time the license expires and is not renewed, or the licensee no longer
resides at the premises, the antenna and any supporting structures
shall be removed within 30 days of such license expiration or change
of residency.
(3)
No more than one amateur radio station shall be permitted
on a lot or accessory to a dwelling.
(4)
The height of the antenna and any supporting structures shall not exceed 45 feet, such height to be measured as set forth in § 190-119D(6). In determining the height of the antenna and supporting structures, the extended height shall be used for antennas which use a telescoping or extendible design.
[Amended 5-14-2008 by Ord. No. 3120]
(5)
If freestanding or mounted on any structure other
than a roof of the principal building, all parts of the antenna and
supporting structures shall be located only in the rear yard and shall
be set back from any property line a distance equal to or greater
than the height of the antenna and supporting structures.
(6)
If mounted on the roof of the principal building,
the antenna and supporting structures shall be set back from the building
facade a distance equal to or greater than the height of such antenna
and related structures above the elevation of the building where the
antenna and related structures are mounted, or as required by the
Construction Code, whichever is more restrictive. The antenna and
supporting structures shall also be located so as to minimize the
view of the same from any street, as determined by the Zoning Officer.
(7)
If the station is capable of exceeding 50 watts of
transmitting power (aka "peak envelope power"), the applicant shall
be required to demonstrate that all applicable regulations concerning
electromagnetic radiation shall be complied with.
(8)
Variances from the foregoing regulations may be granted
by the Planning Board or Zoning Board of Adjustment, as applicable,
provided that the applicant demonstrates that such variance is necessary
to reasonably accommodate adequate amateur radio communications while
balancing the legitimate community interests of aesthetics and safety,
in accordance with PRB-1 of the Federal Communications Commission,
101 FCC 2d 952 (1985), and 47 CFR 97.15(e).
O.
Antennas accessory to principal use. Antennas which meet the definition of "accessory building or structure" in § 190-3 are permitted in all zone districts as an accessory structure, subject to the following regulations; provided, however, that this subsection shall not apply to cellular telecommunications antennas and amateur radio stations, which are regulated by §§ 190-123E and 190-124N, respectively. The following requirements are intended to reduce the negative visual impacts from antennas and to provide for public safety. Notwithstanding the foregoing, the Planning Board or Zoning Board of Adjustment, as applicable, shall in any appeal balance the objectives sought by the requirements against the extent to which the regulations materially limit transmission or reception by the antenna or imposes more than a minimal cost on the antenna owner.
[Added 10-13-1998 by Ord. No. 2643]
(1)
Exemption of certain antennas from regulations. Pursuant
to the 1996 ruling of the Federal Communications Commission (FCC),
the following antennas are exempt from the provisions of this chapter:
(a)
A transmission satellite dish no greater than
one meter (39.37 inches) in diameter.
(b)
A receive-only satellite dish greater than one
meter (39.37 inches) and less than or equal to two meters (78.74 inches)
in diameter and located in a nonresidential zone district.
(c)
A transmission satellite dish no greater than
two meters (78.74 inches) in diameter and located in a nonresidential
zone district.
(2)
Limited applicability of regulations involving certain antennas. Pursuant to the 1996 ruling of the Federal Communications Commission (FCC), the provisions of this chapter shall apply to the following antennas only to the extent such provisions do not impair the installation, maintenance or use of such antennas. The determination regarding such impairment shall be made by the Zoning Officer and may be appealed in accordance with the procedures set forth in § 190-29.
(a)
Antennas designed to receive direct broadcast
satellite service (DBS), including direct-to-home satellite service,
and no greater than one meter (39.37 inches) in diameter.
(b)
Antennas designed to receive video programming
services via multipoint distribution services, including multichannel
multipoint distribution services (MMDS), instructional television
fixed services and local multipoint distribution services, and no
greater than one meter (39.37 inches) in diameter or diagonal measurement,
provided that, if such antennas are located on a mast, the mast is
12 feet or less in height.
(c)
Antennas designed to receive television broadcast
signals (TVBS), provided that, if such antennas are located on a mast,
the mast is 12 feet or less in height.
(3)
Freestanding antennas. The following requirements shall apply to freestanding antennas regulated by this Subsection O:
(a)
No lot may contain more than one freestanding
antenna.
(b)
Freestanding antennas shall only be permitted
is the rear yard.
(c)
Freestanding antennas shall be effectively screened
by a special planting screen or fence as determined by the reviewing
authority to be necessary to minimize the view of the antenna from
any adjacent property or public street.
(d)
Freestanding antennas shall be set back from
all lot lines a distance equal to or greater than the height of the
antenna.
(e)
The height of a freestanding antenna shall not
exceed 45 feet above the ground at the base of the antenna, exclusive
of any filling, berming, mounding or excavating which alters the grade
at the base of the antenna from the grade in the general vicinity
of the antenna; provided, however, that the height of freestanding
satellite dish antennas shall not exceed 15 feet above the ground.
(f)
The diameter or diagonal dimension of freestanding
satellite dish antennas shall not exceed one meter (39.37 inches)
in any residential zone district or two meters (78.74 inches) in any
nonresidential zone district.
(4)
Roof-mounted antennas. The following requirements shall apply to roof-mounted antennas regulated by this Subsection O:
(a)
If mounted on the roof of the principal building,
the antenna and supporting structures shall be set back from the building
facade a distance equal to or greater than the height of such antenna
and related structures above the elevation of the building where the
antenna and related structures are mounted, or as required by the
Construction Code, whichever is more restrictive. The antenna and
supporting structures shall also be located so as to minimize the
view of the same from any street, as determined by the Zoning Officer.
(b)
The height of any roof-mounted antenna shall
not exceed the height of the roof by more than 12 feet.
P.
Roof-mounted equipment. Equipment mounted on the roof
of a nonresidential building, including but not limited to heating,
ventilating and air-conditioning equipment, shall be subject to the
following requirements:
[Added 10-13-1998 by Ord. No. 2643]
(1)
A zoning permit shall be required.
[Amended 4-7-2010 by Ord. No. 3242]
(2)
Such equipment shall be set back from the building
facade a distance equal to or greater than the height of such equipment
above the elevation of the building where the equipment is mounted,
or as required by the Construction Code, whichever is more restrictive.
(3)
The equipment shall be located so as to minimize the
view of the same from any street or adjoining property and may be
required, when appropriate, to be screened by materials that are the
same or compatible with the building facade or roof materials, as
determined by the Board or the Site Plan Exemption Committee, as applicable.
[Amended 4-7-2010 by Ord. No. 3242]
(4)
The Board or the Site Plan Exemption Committee, as
applicable, may require, when appropriate, that detrimental impacts
from noise, odors, smoke, etc., produced by the equipment be properly
mitigated.
[Amended 4-7-2010 by Ord. No. 3242]
Q.
Home office uses.
[Added 6-9-2004 by Ord. No. 2882]
(1)
The purposes of this subsection are to:
(a)
Permit, on a limited basis, certain home offices
as described in this subsection. The permitted home offices shall
be incidental to the residential uses of the premises, compatible
with residential uses, and limited in extent, degree and time. The
permitted conduct under this subsection shall not detract from the
residential character and quality of the neighborhood.
(b)
Protect residential areas from any adverse impacts
associated with home offices and protect residential property values.
(c)
Ensure that the health, safety and welfare of
neighbors and residents are protected and that those rights are not
compromised in any manner whatsoever by the operation of the particular
home office.
(d)
Establish performance criteria and standards
for home offices that will provide fair and equitable administration
and enforcement of this subsection.
(2)
HOME OFFICE
"Home office" is defined as follows:
Any nonresidential office activity conducted or engaged in
by a person within the residential dwelling occupied as his or her
permanent residence for financial gain or as a volunteer or otherwise
without monetary compensation. A home office is an accessory use to
the primary use of the property, which is residential.
(3)
The following standards shall govern home offices:
(a)
The gross floor area devoted to the home office
shall not exceed 25% of the gross floor area of the dwelling, or 500
square feet, whichever is less.
(b)
The permitted home office shall be accessed
only from the residential area of the home, and there shall not be
a separate entrance from the home office area to the outside of the
home.
(c)
The permitted home office shall utilize only
typical office equipment, e.g., telephones, computers, typewriters,
fax machines and copying machines. The permitted home office shall
utilize only typical office supplies necessary to operate the permitted
office equipment.
(d)
The operation of the home office shall not be
evident from the exterior of the home. As an example, there shall
be no signs, on-site parking or architectural features that would
indicate a nonresidential use.
(e)
The permitted home office shall not be visited
by customers or clients and shall only be visited by persons making
routine deliveries or service calls to service the permitted equipment.
(f)
No inventory shall be stored in the residential
premises or in the area dedicated to the home office. "Inventory"
is defined as follows: "personal property intended for sale or delivery
to another party."
(g)
No commercial vehicles of any nature shall be
parked either on-site or off site, except for the purpose of making
a permitted delivery or service call.
(h)
No signs shall be permitted on the exterior or interior of the home, which shall advertise or indicate the location of the home office. The only permitted sign shall be that to identify the residence as set forth in § 190-122C(1) of the Village Code.
(i)
The permitted home office shall not conduct
on-site wholesale or retail sales of any nature, unless conducted
via telecommunications equipment, and not involve the shipment or
delivery of merchandise to or from the location housing the home office.
(j)
The permitted home office shall only be conducted
by or employ or utilize as assistants, whether for gain or not, residents
of the home, and such home shall be their permanent legal residence.
R.
General regulations for inclusionary housing developments.
Any inclusionary development shall be subject to the following requirements,
in addition to the requirements of the zone district within which
the development is located and all other applicable requirements of
this chapter. In case of conflict between the following requirements
and the requirements of this chapter, the following requirements shall
supersede the requirements of this chapter.
[Added 5-12-2004 by Ord. No. 2891; amended 12-12-2007 by Ord. No. 3090; 3-23-2016 by Ord. No. 3493; 11-9-2020 by Ord. No. 3818]
(1)
Building height in the B-1 and B-2 Zone Districts. The maximum building
height permitted for any inclusionary development in the B-1 or B-2
District shall be 50 feet.
(2)
Floor area ratio in the B-1 and B-2 Zone Districts. The maximum floor
area ratio permitted for any inclusionary development in the B-1 and
B-2 District shall be 75%.
(3)
The maximum permitted density for development in the B-1 or B-2 district
shall be 18 du/ac. The required affordable housing set-aside for any
type of development is 15% where the affordable units shall be for
rent, and 20% where the affordable units shall be for sale. Fractional
affordable housing units shall be rounded down where the fraction
is 0.49 units or less and rounded up where the fraction is 0.50 units
or greater.
(4)
Affordable housing units shall comply with the Village's affordable housing regulations in Article XII and the Uniform Housing Affordability Control Rules (N.J.A.C. 5:80-26.1), which shall control in the case of any conflicts with this section, provided that a minimum of 13% of the total low- and moderate-income units shall be affordable to very-low-income households (i.e., 30% or less of median income).
S.
Residential decks, patios and related improvements. Decks, patios,
gazebos and similar structures, as well as related improvements, including
but not limited to fireplaces, fire pits, barbecues, hot tubs, and
similar recreational improvements accessory to a residential dwelling
shall be subject to the following requirements:
[Added 4-12-2017 by Ord.
No. 3591]
T.
Residential swimming and wading pools. Swimming and wading pools defined as "regulated pools" in § 190-3 and which are accessory to a residential dwelling shall be subject to the following requirements:
[Added 4-12-2017 by Ord.
No. 3591]
(1)
Such pools, including any decking or patio adjacent to the pool,
shall be prohibited in the front yard, and shall be located from the
front lot line a distance not less than the minimum front yard depth,
whichever is more restrictive.
(2)
Such pools, including any decking or patio adjacent to the pool,
shall be set back from the side and rear lot lines a distance not
less than 10 feet. The foregoing requirement shall not apply to portable-type
wading pools.
(3)
Fence enclosures for such pools shall comply with the applicable requirements in § 190-124F and in Chapter 251, Swimming Pools.[2] In case of conflict between the enclosure provisions of Chapter 251 and the requirements of § 190-124F, the provisions of Chapter 251 shall apply.
[2]
Editor’s Note: Former Ch. 251, Swimming Pools, was repealed
4-12-2017 by Ord. No. 3591.
The following provisions shall apply to all
applications for development involving property located within an
historic district or historic site designated by this chapter, except
as otherwise provided by this chapter:
A.
Design criteria and guidelines for rehabilitation
projects. In regard to all applications for development and reports
on preservation permits pursuant to this chapter, the Historic Preservation
Commission shall be guided by the Secretary of the Interior's Standards
for Rehabilitation and Guidelines for Rehabilitating Historic Buildings
(1990), as may hereafter be amended; provided that where these provisions
conflict with the other provisions of this chapter, said other provisions
shall control. The current version of the Secretary of the Interior's
standards are incorporated herein as follows:
(1)
New additions, exterior alterations or related new
construction shall not destroy historic materials that characterize
the property. The new work shall be differentiated from the old and
shall be compatible with the massing, size, scale and architectural
features to protect the historic integrity of the property and its
environment.
(2)
New additions and adjacent or related new construction
shall be undertaken in such a manner that, if removed in the future,
the essential form and integrity of the historic property and its
environment would be unimpaired.
(3)
Construction of historic designs that were never built
shall not be undertaken.
(4)
New additions, alterations or new construction in
a historic landscape shall be visually differentiated from the old
and shall be compatible with the historic character of the landscape.
(5)
Replacement of missing historic plant material or
vegetation features shall be substantiated by documentary or physical
evidence. The replacement plant material or features shall match the
historic appearance, function and, where possible, species or variety.
(6)
A property shall be used for its historic purpose
or shall be placed in a new use that requires minimal change to the
defining characteristics of the property and its environment.
(7)
The historic character of a property shall be retained
and preserved. The removal of historic materials or alteration of
features and spaces that characterize a property shall be avoided.
(8)
Each property shall be recognized as a physical record
of its time, place and use. Changes that create a false sense of historical
development, such as adding conjectural features or historic features
from other properties shall be avoided.
(9)
Most properties change over time; those changes that
have acquired historic significance in their own right shall be retained
and preserved.
(10)
Distinctive materials, features, finishes and
construction techniques or examples of craftsmanship that characterize
a property shall be preserved.
(11)
Deteriorated historic features shall be repaired
rather than replaced. Where the severity of deterioration requires
replacement of a distinctive feature, the new feature shall match
the old in design, color, texture and other visual qualities and,
where possible, materials. Replacement of missing features shall be
substantiated by documentary or physical evidence.
(12)
Chemical or physical treatments, such as sandblasting
that cause damage to historic materials shall not be used. The surface
cleaning of structures, if appropriate, shall be undertaken using
the gentlest means possible.
(13)
Significant archeological resources shall be
protected and preserved. If such resources must be disturbed, mitigation
measures shall be undertaken.
B.
Criteria and guidelines for new construction/visual
compatibility standards. In regard to all applications for development
and reports on preservation permits pursuant to this chapter, the
Historic Preservation Commission shall be guided by the standards
set forth herein in determining the compatibility of a building, structure
or appurtenance thereof with the buildings and places to which they
are visually related, provided that where these provisions conflict
with the other provisions of this chapter, said other provisions shall
control. The following standards shall be known as "visual compatibility
factors."
(1)
Height. The height of the proposed building shall
be visually compatible with adjacent buildings.
(2)
Proportion of building's front facade. The relationship
of the width of the building to the height of the front elevation
shall be visually compatible with buildings and places to which it
is visually related.
(3)
Proportion of openings within the facility. The relationship
of the width of windows to the height of windows in a building shall
be visually compatible with the buildings and places to which it is
visually related.
(4)
Rhythm of solids to voids in front facades. The relationship
of solids to voids in the front facade of a building shall be visually
compatible with the building and places to which it is visually related.
(5)
Rhythm of spacing of buildings on streets. The relationship
of the building to the open space between it and adjoining buildings
shall be visually compatible with the buildings and places to which
it is visually related.
(6)
Rhythm of entrance and/or porch projections. The relationship
of entrance and porch projections to the street shall be visually
compatible with the buildings and places to which it is visually related.
(7)
Relationship of materials, texture and color. The
relationship of materials, texture and color of the facade and roof
of a building shall be visually compatible with the predominant materials
used in the buildings to which it is visually related. Bright or brilliant
colors shall be used only for accent and shall not substantially depart
from the character of existing neighborhood colors so as to detract
from the overall appearance of the neighborhood.
(8)
Roof shapes. The roof shape of a building shall be
visually compatible with buildings to which it is visually related.
(9)
Walls of continuity. Appurtenances of a building such
as walls, open-type fencing and evergreen landscape masses shall form
cohesive walls of enclosure along a street, to the extent necessary
to maintain visual compatibility of the building with the buildings
and places to which it is visually related.
(10)
Scale of building. The size of a building, the
mass of a building in relation to open spaces, the windows, door openings,
porches and balconies shall be visually compatible with the buildings
and places to which it is visually related.
(11)
Directional expression of front elevation. A
building shall be visually compatible with buildings and places to
which it is visually related in its directional character, whether
this is vertical character, horizontal character or nondirectional
character.
C.
Demolition or relocation. In regard to an application
to demolish or move an historic building, site, place or structure,
the following matters shall be considered:
(1)
Its historic, architectural, cultural and aesthetic
significance.
(2)
Its current and potential use for those purposes currently
permitted by the Zoning Ordinance or for the use proposed.
(3)
Its importance to the municipality and the extent
to which its historical or architectural value is such that its removal
would be detrimental to the public interest.
(4)
The extent to which it is of such old, unusual or
uncommon design, craftsmanship, texture or material that it could
not be reproduced or could be reproduced only with great difficulty.
(5)
The extent to which its retention would increase property
values, promote business, create new positions, attract tourists,
students, writers, historians, artists and artisans, attract new residents,
encourage study and interest in American history, stimulate interest
and study in architecture and design, educate citizens in American
culture and heritage or make the municipality a more attractive and
desirable place in which to live.
(6)
The probable impact of its removal upon the ambiance
of the historic district.
(7)
The structural soundness and integrity of the building
and the economic feasibility of restoring or rehabilitating the structure
so as to comply with the requirements of the Uniform Construction
Code of the State of New Jersey.
(8)
The compelling reasons for not retaining the structure
or improvement at its present site, the proximity of the proposed
new location and its accessibility to residents of the municipality
and the probability of significant damage to the structure or improvement
as a result of the relocation. In addition, the Historic Preservation
Commission shall consider the compatibility, nature and character
of the current and the proposed surrounding areas as they relate to
the intent and purposes of this chapter and whether the proposed new
location is visually compatible in accordance with the standards set
forth herein.
(9)
The compatibility, nature and character of the current
and the proposed surrounding areas as they relate to the intent and
purposes of this chapter in accordance with the standards set forth
herein.
D.
Property maintenance. In the event that an historic site or a building or structure located in the Historic District is not maintained in accordance with the provisions of the existing Property Maintenance Ordinance of the Village of Ridgewood, Chapter 223 of the Village Code, then the property owner shall be responsible pursuant to the terms of the Property Maintenance Ordinance and the BOCA Existing Structure Code.
E.
Design guidelines for Village Center Historic District. In addition to the other provisions of this § 190-125, all applications for development within the Village Center Historic District shall be required to comply with the design guidelines contained in the report entitled "Design Guidelines for the Village Center Historic District, Village of Ridgewood, New Jersey," dated May 2006 and prepared by T. Robins Brown for the Ridgewood Historic Preservation Commission.
[Added 10-10-2007 by Ord. No. 3082]
The following provisions shall apply to uses and structures which lawfully existed prior to the adoption of the zoning regulations, Article X of this chapter, or any amendment thereof, but which do not presently conform to this article or amendment thereof:
A.
Continuation permitted. Any nonconforming use or structure which lawfully existed at the time of adoption of this chapter or any amendment thereto may be continued upon the lot or in the structure so occupied. Any such nonconforming structure may be restored or repaired in the event of partial destruction thereof, as provided in Subsection E below.
B.
Subdivisions involving the same. No lot containing
a nonconforming use shall be subdivided so as to reduce the lot area
of such lot. No lot containing a nonconforming structure shall be
subdivided so as to increase the degree or extent of the nonconforming
condition.
C.
Expansions or alterations. The following provisions
shall apply to the expansion or alteration of nonconforming structures
or uses:
(1)
Any nonconforming use or structure which is nonconforming
because of use shall not be enlarged, extended or structurally altered
in any manner whatsoever.
(2)
No nonconforming structure may be altered if the alteration
would increase the degree or extent of the nonconforming condition
or would create any condition on the property that would not be in
conformance with this chapter.
(3)
A nonconforming use or structure changed or altered
to a conforming use or structure may not thereafter be changed back
to a nonconforming use or structure.
(4)
A nonconforming use or structure shall not be changed
or altered to diminish the nature, degree or extent of the nonconforming
condition in one location while simultaneously increasing the nature,
degree or extent of the nonconforming condition in another location
on the property.
D.
Abandonment of nonconforming uses. Notwithstanding the provisions of Subsection A above, in the event that there shall be an abandonment of any nonconforming use, such use shall not be permitted to continue. For purposes of administering this chapter, a nonconforming use shall be presumed to be abandoned if such use shall have ceased to operate for a period of 12 consecutive calendar months, absent a showing by the property owner and a finding by the Zoning Board of Adjustment that the use has not been abandoned, notwithstanding the cessation of operation. Any such hearing on abandonment shall be processed as an appeal pursuant to § 190-29.
E.
Restoration or repairs. Nothing in this section shall
prevent restoration or continuance of a nonconforming building or
structure which is partially destroyed by fire, explosion, act of
God or of any public enemy or the like. "Partial destruction" shall
be defined as any destruction of less than 50% of the area or volume,
whichever is more restrictive, of the whole building or structure
at the time of the partial destruction. If, however, any such building
or structure shall be destroyed in excess of 50% of the area or volume
of the whole building or structure at the time of such destruction,
then after any permitted reconstruction, the same may be used only
in such manner as to conform to all the requirements, terms and conditions
of this chapter.
F.
Approved projects. Nothing in this section shall require
any change in plans, construction or designated use of a structure
or building for which a preliminary site plan and/or subdivision has
been approved, provided that the use and/or structure conforms to
the terms of the approved plan, and provided that the period of protection
provided by this chapter from changes in the zoning regulations has
not expired.
G.
Application for certificate of nonconforming status. The prospective purchaser, prospective mortgagee or any other person interested in any land upon which a nonconforming use or structure exists may apply in writing for the issuance of a certificate certifying that the use or structure existed before the adoption of the ordinance which rendered the use or structure nonconforming. The applicant shall have the burden of proof. Application pursuant to this subsection may be made to the Zoning Officer within one year of the adoption of the ordinance which rendered the use or structure nonconforming or at any time to the Zoning Board of Adjustment. Fees as required by this chapter shall accompany any such application. Denial by the Zoning Officer of such application shall be appealable to the Zoning Board of Adjustment and shall be processed as an appeal pursuant to § 190-29.
H.
Conversion to conforming use. The conversion of an existing structure from a nonconforming use to a use permitted in the zone district in which such structure is located shall be subject to the same regulations as are new structures, except that notwithstanding the required parking provisions of § 190-121, conversions may be exempted by the Planning Board from furnishing such required additional off-street parking if the applicant can clearly demonstrate to the Planning Board's satisfaction that the same is a physical impossibility. No such conversion, however, shall reduce the number of existing parking spaces or the area of the premises in question available for such use.
I.
Nonconforming signs. In addition to the provisions of this section, nonconforming signs shall be subject to the provisions of § 190-122B(3).
The following provisions shall apply to any
lot which lawfully existed at the time of the adoption of the zoning
regulations or any amendment thereto, but which presently does not
conform to the zoning requirements for lot area, lot width, lot frontage
or lot location:
A.
Such lots may be used for any use permitted in the
district in which it is located, subject to the following requirements:
(1)
At the time of and since the adoption of the zoning
regulation making such lot nonconforming, the owner of the lot shall
not have owned any adjoining property; or the lot must be part of
a recorded subdivision approved by the Planning Board or the Zoning
Board of Adjustment; and
(2)
All other applicable zoning regulations besides lot
area, lot width, lot frontage or lot location must be complied with.
B.
Such lots shall not be subdivided so as to increase
the degree or extent of any nonconforming lot condition or so as to
prevent compliance with this chapter by any reasonable future development
on the property.
Interpretations of this article and relief from the decisions of any administrative officer involving the provisions of this article may be appealed in accordance with the procedures set forth in Article VI, Appeals, provided that a developer may file an application for an interpretation or a variance without prior application to an administrative officer, in accordance with the procedures set forth in Article VI.
[Added 1-16-2019 by Ord.
No. 3695]
A.
Application. Pods shall comply with the standards established by
this chapter together with all other applicable regulations of the
Village. Where the requirements of any part of this chapter conflict
with any other section of the Village Code, the stricter provisions
of this chapter shall govern.
(1)
A permit shall be required for the placement of a pod at any site for any period of time greater than one week. The owner/occupant of a site must apply to the Village Zoning Officer for a permit to place a pod on a site. Permit fees are delineated in Chapter 145.
(2)
A permit may be issued to allow the placement of a pod on a site for an initial period of 30 days. A permit may be renewed for no more than two additional six-month periods upon applications for renewal by a permit holder, but no longer than 30 days after a valid certificate of approval or temporary certificate of occupancy has been issued by the Building Department. Permit renewal fees are delineated in Chapter 145.
B.
Use provisions. Pods shall be permitted in all residential zones
subject to the following provisions:
(1)
No more than one pod may be placed on the applicant's property
at any one time.
(2)
Pods shall be placed only on the driveway, allotted parking areas or on portions of property not located in the right-of-way. No pod shall be located in any manner that obstructs sidewalks. If the pod cannot be located in these locations the location must comply with Subsections B(3) through (5) below.
(3)
No pod shall be located within 10 feet of a property line, unless
located on a driveway.
(4)
All pods shall be set back minimally 10 feet from principal
buildings.
(5)
All pods shall be located in such a manner as to utilize existing
buffers for the purpose of screening pods from adjoining properties.
(6)
Pods shall not be larger than 200 square feet in area.
(7)
Pods shall not be higher than 10 feet from grade.
(8)
Pods shall only be used by the owner or occupant of the property
on which the pods are placed. Pods shall be used only to store household
items and nonhazardous construction equipment and materials that are
to be utilized on site but shall not be utilized for any other commercial
purpose.
(9)
Pods shall not be used for the storage of any hazardous substance,
including but not limited to chemical, flammable or explosive materials.
Pods shall also not be used for the storage of trash.
(10)
Pods shall not be used for temporary habitation by humans or
animals.
C.
Signage.
(1)
No additional signage shall be placed on any pod other than
signage containing the name, address and telephone number of the person
or entity engaged in the business of renting the pod or placing the
pod on a user's site.
(2)
All signs on pods must be permanently adhered to or painted
on the pod.
D.
Electrical service; lighting. There shall be no lighting fixtures
attached to any pod nor shall there be any lighting fixtures utilized
to light the interior of a pod. Additionally, electrical service to
the pod shall not be permitted.
E.
Maintenance. All pods shall be maintained in good condition, free
from evidence of deterioration, weathering, discoloration, rust, ripping,
tearing, or other unsightly condition. All pods must be locked when
not being used. Tarps shall be permitted on the roof if properly secured.
F.
Violations and penalties.
(1)
It shall be unlawful for any person to allow a pod to remain
on a site which he or she owns, rents, occupies or controls without
first obtaining a permit for said pod.
(2)
An applicant who allows a pod to remain on site for longer than
seven days without first obtaining a permit as required by this chapter
shall be notified that he or she has two days to remove the pod or
to obtain a permit for same.
(3)
Each day that a pod remains on site shall subject the applicant
to penalties, with each day that the pod remains on the site considered
to be a separate violation of the provisions of this chapter.
(4)
Any person found to have violated a provision of this chapter
shall be subject to a minimum fine of $250 per violation, not to exceed
$2,000.
(5)
If any conditions/regulations are violated the Village can revoke
the permit and require its removal immediately.
(6)
These regulations shall be enforced by the Village Police Department,
employees of the Building and Engineering Departments or their designees.
[Added 11-9-2020 by Ord. No. 3816]
A.
A mandatory
affordable housing set-aside requirement shall apply beginning with
the effective date of this section to any multifamily or attached
dwelling residential development, including the residential portion
of a mixed-use project, which consists of five or more new residential
units that exceed the otherwise permitted density, which are created
as a result of a zoning amendment, or by a variance granted by the
Zoning Board of Adjustment, or by the adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation as set forth below:
(1)
For inclusionary projects in which the low- and moderate-income units
are to be offered for sale, the set-aside percentage shall be 20%;
for projects in which the low- and moderate-income units are to be
offered for rent, the set-aside percentage shall be 15%. Fractional
affordable housing units shall be rounded down where the fraction
is 0.49 units or less and rounded up where the fraction is 0.50 units
or greater.
(2)
This requirement does not apply to any sites or specific zones otherwise
identified in the Fair Share Plan, for which density and set-aside
standards shall be governed by the specific standards set forth therein.
(3)
For any such development for which the Village's land use ordinances
(e.g., Zoning or an adopted redevelopment plan) already permit residential
development as of the effective date of this section, adopted November
9, 2020, this requirement shall only apply if the Village permits
an increase of five or more residential units beyond that which is
currently permitted (e.g. Zoning or an adopted redevelopment plan).
(4)
The affordable units shall comply with the Village's affordable housing regulations in § 190-137. This includes, but is not limited to, affordability controls of not less than 30 years, proper distribution of one-, two-, and three-bedroom affordable units, proper distribution of very-low-, low- and moderate-income units, and affirmative marketing.
(5)
A property shall not be permitted to be subdivided so as to avoid
meeting this requirement. The Board may impose any reasonable conditions
to ensure such compliance.
(6)
Nothing in this subsection precludes the Village from imposing an
affordable housing set-aside in a development not required to have
a set-aside pursuant to this subsection consistent with N.J.S.A. 52:27D-311(h)
and other applicable law.
(7)
This requirement does not create any entitlement for a property owner
or applicant for a zoning amendment, variance, or adoption of a redevelopment
plan or amended redevelopment plan in areas in need of redevelopment
or rehabilitation, or for approval of any particular proposed project.
[Added 9-14-2022 by Ord. No. 3914]
A.
Purpose.
(1)
To promote an active pedestrian district by incorporating approved
and functional storefronts on the ground floor within the B-1 and
B-2 Retail Business Districts.
(2)
Multiple tenants with storefronts within a single building shall
be architecturally consistent, but defined and separated through structural
bays, horizontal lintels, vertical piers or other architectural features
within existing bays or up to thirty-foot intervals for new construction.
(3)
Individual storefronts shall not be used for storage or left empty
without window displays.
(4)
Window glass shall not be frosted or covered with paper, curtains
or other material that block the window or display unless specifically
authorized in writing by the Building Department which request for
authorization shall not be unreasonably withheld if requested for
new tenancy or interior alterations.
B.
Requirements.
(1)
Ground floor storefronts within the B-1 and B-2 Retail Business Districts
that are vacant because of lack of tenancy for over three months are
required to install approved window displays. These displays may contain
local artwork, local school projects, or cultural/historic interpretative
displays, and subject to the review and approval of the Site Plan
Exemption Committee.
(2)
Owners of buildings with vacant ground floor storefronts shall be
required to register the vacant space with the Village of Ridgewood
Construction Office within 30 calendar days of the vacancy and maintain
the following conditions:
(a)
The storefront is enclosed and secured from unauthorized entry until
the storefront is legally occupied, repaired or rehabilitated.
(b)
The exterior grounds of the property and exterior features of the
building and storefront are clean and well maintained and otherwise
consistent with the requirements of the Village Property Maintenance
ordinance at all times.
(c)
All areas of the vacant storefront visible by the public from the
public street or sidewalk shall be maintained in broom cleaned condition
and free of litter and debris at all times.
