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
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(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]
|
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
|
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.
The Zoning Map of the Village of Ridgewood, dated June 2012, 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 a part of this chapter.[2] The zone district boundary lines are intended generally to follow street center lines, existing lot lines, center lines 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.
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, except that ground floor areas
used for access to such uses shall be permitted.
(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.
(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.
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 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:
(1)
Maximum building height: 48 feet, provided that roof-mounted service equipment structures may exceed such height by a maximum of 17 feet, subject to Subsection F below.
(2)
Minimum front yard: 40 feet.
(3)
Minimum side and rear yards: three feet for every
one foot of height of the building.
(4)
Maximum coverage by above-grade structures: 16% of
the lot area.
(5)
Maximum floor area ratio: 65%.
(6)
Maximum coverage by improvements: 90% of the lot area.
[Amended 6-7-1999 by Ord. No. 2670]
(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.
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)
Definitions. For the purposes of interpreting and administering the disturbance restrictions in this Subsection E, the following definitions shall apply:
- DISTURBANCE
- The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
- IMPERVIOUS SURFACE
- 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.
- REDEVELOPMENT
- The construction of structures or improvements on areas which previously contained structures or other improvements.
- STEEP SLOPE
- 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)
Definitions. For the purposes of interpreting and administering the riparian zone provisions in this Subsection H, the following definitions shall apply:
- ACID-PRODUCING SOILS
- 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.
- CATEGORY ONE WATER(s)
- Waters designated as "C1 waters" in the Surface Water Quality Standards, N.J.A.C. 7:9B.
- DISTURBANCE
- The placement of impervious surface, the exposure or movement of soil or bedrock, or the clearing, cutting, or removing of vegetation.
- HUC-14 WATERSHED
- 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.
- IMPERVIOUS SURFACE
- 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.
- REDEVELOPMENT
- The construction of structures or improvements on areas which previously contained structures or other improvements.
- RIPARIAN ZONE
- 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.
- STEEP SLOPES
- Any slope equal to or greater than 20% as measured over any minimum run of 10 feet.
- THREATENED OR ENDANGERED SPECIES
- 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.
- TROUT MAINTENANCE WATER
- 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.
- TROUT PRODUCTION WATER
- 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.
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.
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.
[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. Within the HC Zone, interior signs and awning signs shall be permitted as regulated by § 190-122E(2)(d), (e) and (f), and license or permit signs shall be permitted as 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)
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