No land or premises may be used and no building
or structure may be erected, razed, moved, extended, enlarged or used
for any purpose other than permitted herein, in the district in which
the same is located, and all construction shall be in conformity with
the regulations provided for the district in which such building,
structure or premises is located.
No building or structure or part thereof shall
be erected, razed, moved, extended, enlarged, altered or demolished
until a permit for the same has been granted by the Building Inspector.
In the event that the existing grade of such parcel is to be altered
by the proposed building or structure, no permit shall be issued by
the Building Inspector until the application has been reviewed and
approved by the Borough Engineer. In the event that the application
will result in changes in surface drainage, such application shall
further be required to be submitted to the Planning Board of the Borough
for its review and approval. The Planning Board shall give its approval
to construction only upon being satisfied that such construction shall
not adversely affect drainage on the parcel or any neighboring parcel.
When a new lot or lots are desired to be formed from one or more parcels of land, the division sought to be affected shall conform to all of the provisions of this chapter, as well as Chapter 192, Subdivision of Land, and all other ordinances under the jurisdiction of the Planning Board and its rules and regulations, as well as all other lawful ordinances, rules and regulations of the Borough.
[Amended 4-25-2001 by Ord. No. 1371]
Public utilities or any public use, as the same is defined by the laws of the State of New Jersey, may be located in any of the zone districts. However, before the issuance of a building permit or certificate of occupancy, application shall be made to the Planning Board for site plan approval of the proposed use, which condition shall be satisfied prior to the issuance of such permit or certificate. In addition to the criteria under Chapter 192, the Board shall be satisfied that the plan is not detrimental to the health, safety and general welfare of the community.
Every lot shall provide yards as required by
the regulations of its zone district as set forth in this chapter.
All front yards shall face upon a street approved by the Planning
Board. No building shall encroach into any proposed public or nondedicated
street for which plans have been officially adopted by the Borough
Council.
[Amended 2-25-2004 by Ord. No. 1460]
No lot in the A-1, A-2 and OT Districts may
contain more than one principal building.
[Amended 2-14-1983 by Ord. No. 993]
No accessory buildings/structures, except tennis
courts, may be built on any lot on which there is no principal building.
A.
A-1 and A-2 Districts. Accessory buildings in the
A-1 and A-2 Districts shall meet the following requirements:
[Amended 9-24-2003 by Ord. No. 1451; 11-24-2003 by Ord. No.
1456]
(1)
The maximum height at any point shall be 18 feet from
grade at the lowest point to the peak ridge of the roof; provided,
however, that in no case shall it exceed the height of the principal
building. The pitch of the roof must be no less than five inches on
12 inches. Accessory structures may have a storage area located directly
over the first floor ceiling, provided that this area will remain
unfinished. No residences or offices may be located in the accessory
structure. If a stairway is proposed to the storage area, it must
be located within the confines of the structure.
[Amended 11-9-2005 by Ord. No. 1516; 1-24-2007 by Ord. No.
1543]
(2)
They shall be at least 10 feet from any principal
building situated on the same lot or on an adjoining lot and at least
five feet from any other accessory building on the same lot.
[Amended 8-25-2004 by Ord. No. 1480]
(3)
They shall be at least six feet from a side or rear
yard property line in the A-2 Zone and at least 10 feet from a side
or rear property line in the A-1 Zone. No accessory structure or building
is permitted in the required front yard, nor in the front side yard
in the case of a corner property. This includes, but not limited to,
patios, sheds, arbors, swing sets and any other accessory structure
as determined by the Zoning Official.
[Amended 1-24-2007 by Ord. No. 1543]
(4)
On corner lots, they shall not be erected nearer to
the street than the required front yard and side front yard setbacks
in the zone in which located. Additionally, they shall not in any
case be located closer to any front street property line than the
actual building setback of an existing building located on an adjacent
lot.
(5)
In the A-1 Zone, the total of buildings shall not
exceed 25% of the lot area within 175 feet of the front property line
or front street right-of-way. In the A-2 Zone, the total of all buildings
shall not exceed 25% of the lot area within 140 feet of the front
property line or front street right-of-way.
(6)
Total garage bays for principal building, accessory
buildings and structures shall not exceed the capacity for the parking
of three motor vehicles. A partition shall be required for any other
use within the garage. Parking space size per vehicle shall be ten-foot
wide by twenty-foot deep clear space.
[Amended 12-16-2009 by Ord. No. 1613]
(7)
The total of all detached accessory buildings shall
not exceed 50% of the total first floor area of the principal building
structure including attached garages, breezeways and enclosed and
open porches. Open decks and patios shall not be included in the floor
area.
B.
C-1, C-2, C-3, D, OB-1 and OB-2 Districts. For the
purposes of this chapter, all buildings in the C-1, C-2, C-3, D, OB-1
and OB-2 Districts shall be construed to be principal buildings. Unless
otherwise provided in this chapter, there shall be a distance between
buildings of at least 10 feet, but in no event less than the height
of the shorter building.
C.
Tennis courts in the A-1 and A-2 Districts.
(1)
Tennis courts in the A-1 and A-2 Districts shall meet
the following requirements:
(a)
Tennis courts shall be permitted only in connection
with a dwelling unit or units erected on the same lot or lots. Tennis
courts shall be further permitted on any lot adjoining a lot containing
a dwelling, provided that both lots are in common ownership.
(b)
Tennis courts shall not be used for commercial
purposes.
(c)
Tennis courts shall be located behind the front
setback line of such dwelling to which it is an accessory and not
closer than 10 feet from either side line, inclusive of fencing, or
five feet from the rear property line, inclusive of fencing.
(d)
In all instances on corner lots where the dwelling
to which the tennis court shall be an accessory, the tennis court
shall not be located any closer than 35 feet from either street.
(e)
All fences installed in connection with such
tennis courts shall be cyclone-type fencing or equal type of permanent
fencing and shall not exceed 10 feet in height as measured from the
surface of the tennis court.
(f)
The installation of lights for use of such tennis
courts is expressly prohibited.
(2)
All applications for permits to install a tennis court shall be made to the Building Inspector and shall include a detailed plot plan of the entire property, showing existing buildings and the proposed tennis court, drawn to scale, with pertinent dimensions and grade elevations shown in figures at the court, building and property lines. The plot plan shall be signed by the owner or his or her agent or a duly licensed engineer or registered architect or land surveyor of New Jersey. Prior to the issuance of any building permit for the installation of a tennis court, the Building Inspector shall be satisfied that there has been full compliance with all of the requirements of § 230-9 of this chapter.
D.
OT District. Accessory buildings or structures, except
for tennis courts, in the OT District shall meet the following requirements:
[Added 2-25-2004 by Ord. No. 1460]
(1)
The maximum height at any point shall be 20 feet,
but in no case shall exceed the height of the principal building.
(2)
They shall be at least 10 feet from any principal
building situated on the same lot or on an adjoining lot and be a
least four feet from any other accessory building on the same lot.
(3)
They shall be at least 10 feet from a side or rear
property line. An exception, however, shall be that an accessory building
of one-hour fire-resistant construction may be located in a side yard
or rear year within 10 feet of a principal building and in no event
within 10 feet of a property line.
(4)
They shall not be erected in the front half of the
lot in any event, but notwithstanding the foregoing, in no case need
the accessory building be set back more than 80 feet from the front
property line.
(5)
They shall not be located within 10 feet of the rear
or side lot lines when such location is adjacent to the front half
of an adjoining lot.
[Amended 12-9-2020 by Ord. No. 1832]
No structure or building shall be constructed
or used as a dwelling when located in the side or rear yard of a building
situated on the same lot; nor shall any building be constructed in
front of the dwelling situated on the same lot. These provisions shall
be of no force and have no effect nor apply to properties located
in the AHO-1 and AHO-2 overlay districts.
A.
Any lot or plot as laid out on the Borough Assessment
Map, as revised, which is in effect on the date of the adoption of
this chapter, that fails to comply with the minimum requirements of
this chapter, may be used for any use not otherwise prohibited in
the district in which it lies, provided that such lot is in single
ownership, as defined in this chapter; and further provided that all
yard and building area ratio requirements are complied with.
B.
The use of two or three lots in common ownership,
as defined in this chapter, where either one, two or three lots do
not comply with the minimum requirements of this chapter shall be
determined on the basis of neighborhood character. For the purposes
of this subsection, the determination of neighborhood character shall
be made on the basis of the following standards:
(1)
If the percentage of area to required area of each
of the lots in question equals or exceeds the percentage of area to
the required area of at least 60% of the total number of lots, any
parts of which are within the same zone within 400 feet in all directions
from the property line of the lots in question, such lot shall be
construed to be in keeping with the character of the neighborhood.
The following formula shall be used in computation of the foregoing:
|
Area of lot within 140 feet of front property
line
| ||||
|
|
X
|
100
|
=
|
Percentage of area to required area
|
|
Required area within 140 feet of front line
|
(2)
A minimum frontage of 50 feet shall be required for
each of two lots in common ownership. For three lots in common ownership,
the minimum frontage for each lot shall be 60 feet. The use of more
than three lots in common ownership shall be in conformity with the
provisions of this chapter governing the district in which the lots
are located.
No lot, yard, parking area or other space shall
be so reduced in area or dimension as to make the area or dimension
less than the minimum required under this chapter. If already less
than the minimum required under this chapter, such area or dimension
shall not be further reduced.
[Amended 2-14-1983 by Ord. No. 993]
A.
In all residence districts, there shall be at least
one enclosed garage for each dwelling unit hereafter erected. The
total cubic foot content of any garageless dwelling shall not be enlarged
nor shall any structural addition be made to such dwelling until a
garage is first built. An existing garage shall not be reduced in
interior dimensions to a clear width of less than 10 feet nor be converted
to another usage unless prior thereto it is replaced with another
enclosed garage for use of the residence on the same lot, meeting
the minimum requirements of this subsection. These provisions shall
be of no force and have no effect nor apply to properties located
in the A-2MF districts.
[Amended 11-24-2003 by Ord. No. 1456; 12-16-2009 by Ord. No.
1613; 12-9-2020 by Ord. No. 1832; 12-9-2020 by Ord. No. 1834]
B.
Only one commercial vehicle owned or leased by a resident
on the premises shall be permitted to be kept on the premises and
only when kept within a garage at all times. Such vehicle shall not
exceed a capacity of 1 1/2 tons.
No permit shall be granted for a building, structure
or use if the design or construction of the same involves or is likely
to involve exceptional risks of traffic congestion, public safety
or hazard. If the use, design or construction of any building or structure
is so markedly incongruous with the character of the neighborhood
as to materially and adversely affect the value of the adjacent or
nearby property, the Building Inspector shall deny the permit and
refer the applicant to the Board of Adjustment.
[Amended 4-26-2000 by Ord. No. 1345]
No part of any principal building may project
into any yard required under this chapter, nor shall any structure
attached to the principal building project into any required yard
setback except as hereinafter provided:
A.
Cornices, eaves and roof overhangs may project no
more than three feet into the required yard.
B.
Sills, leaders, belt courses and similar ornamental
or structural features may project not more than six inches into any
required yard.
C.
Foundationless bay windows or chimneys may project
not more than two feet into any required yard, except in the case
of side yards, where they may project no closer than 10 feet into
the A-1 Zone and six feet into the A-2 Zone.
D.
Unenclosed entrances, porches or steps, not to exceed
seven feet in width, may project not more than five feet into any
required yard, provided that such projection may not be closer than
10 feet to a side property line in the A-1 Zone or six feet in the
A-2 Zone. Open roof assemblies may be constructed over unenclosed
entrances, porches and step/landing assemblies, provided that they
conform to the width, depth and set back regulations as herein specified.
E.
Building cantilevers may project no more than two
feet into a required front or rear yard setback. Building cantilevers
may project no more than two feet into the required side yard setback,
but in no event closer than ten feet in the A-1 Zone or six feet in
the A-2 Zone.
Chimneys and antennas extending from a roof
may exceed the height limitations of this chapter by not more than
10 feet.
[Amended 2-14-1983 by Ord. No. 993]
Where a residential lot is bounded by more than
one street, the setback from each street shall be determined as follows:
A.
The owner or his or her agent shall determine which
of the two or more intersecting streets adjoining the boundaries of
his or her lot he or she intends to consider as his or her front,
and he or she shall then conform to the requirements of this chapter
in accordance with such election. Once such a determination and election
has been made as to any lot as recorded on the records of the Borough
and the principal building is constructed, such determination shall
be deemed to be a final election and cannot thereafter be altered.
B.
The setback on the side street shall be not less than
3/4 of the depth of the front yard as required, and in no case shall
the setback from either street be less than 35 feet.
C.
For additions to existing buildings, the side street
setback requirements may be reduced to 20 feet in all instances where
the proposed construction is limited to an addition of a second-story
dormer or dormers to permit the use of the second story to the full
limits of the exterior walls of the first floor if such exterior walls
were extended upwards to the height of the second story.
Temporary permits may be authorized by the Board
of Adjustment for a period not to exceed one year for all structures
and uses incidental to construction projects on the same premises
and including such uses as storage of building supplies and machinery
or the assembly of building materials, except that the issuance of
such permits shall be conditional upon agreement by the owner to remove
any structure or structures erected thereunder and/or to discontinue
such uses upon the expiration of the permit. Such permits may be renewed
for additional periods of one year each upon application made to the
Board of Adjustment for good cause shown. In no event, however, may
temporary permits be renewed beyond a period of three years in the
aggregate.
Where a nonresidential zone adjoins a residential
zone, no exterior wall of a building or structure in the nonresidential
zone located within a distance of 25 feet from the residential zone
shall have an opening or loading or unloading facility, except for
emergency doors.
The control and regulation of the uses of buildings
and structures as herein provided shall equally apply to the nature
and extent of the use of the land.
No property, article or material shall be kept, stored or displayed outside the confines of a building in other than the C-1, C-2, C-3 and D Districts, and then only if the same is so screened by legally erected fences or walls that it cannot be visible from an adjacent property or from an adjacent public street. In addition, such area devoted to outdoor storage shall not exceed the ground floor area of the principal building, and such storage area shall further be subject to the provisions of § 230-27.
[Amended 2-14-1983 by Ord. No. 993]
A.
The yard requirements in each zone district and accessory building structure requirements under § 230-14 shall not apply to any fence, freestanding wall, arbor or trellis.
B.
Except as herein otherwise indicated, fences and freestanding walls shall not exceed four feet in height. Nothing herein contained is intended to regulate fencing of tennis courts or fencing of screened parking areas, which shall continue to be controlled under § 230-14C and Article VI hereof, or swimming pools, which shall continue to be regulated under Chapter 196, Swimming Pools, § 196-4A(4) of the Code of the Borough of Glen Rock.
C.
Whenever residential property abuts an existing commercial
zone, a fence not to exceed six feet in height shall be permitted
to be located by either property owner along the boundary line separating
the residential zone from the commercial zone. A property owner may
be further entitled to erect a fence to a height not to exceed six
feet in such instances where a residential use abuts a nonconforming
use, provided that such fence is located along the boundary line separating
the residential use from the nonconforming use; and provided, further,
that in all foregoing instances no such fence shall exceed four feet
in height within any front yard or corner side yard.
D.
For the purposes of this subsection, a "corner side
yard" is defined as that space on the same lot with the principal
building situated between the side line of the building and the side
lot line extending from the front yard to the rear lot line.
E.
Fence posts and gates may extend not more than six
inches beyond the permitted height limits.
F.
Where a fence or freestanding wall is erected on uneven
ground, the height limit may be increased by not more than one foot
at any point of depression.
G.
A trellis or arbor constructed within six feet of a property line or within a front yard shall conform to the requirements for fences. The finished side of any fence, wall or trellis shall face toward the adjoining property, and all such fences, walls, arbors and trellises shall be maintained in accordance with the provisions of Chapter 162, Property Maintenance, Article II, General Standards, of this Code.
[Amended 2-14-1983 by Ord. No. 993]
A.
On any corner lot within the triangular area determined
as provided in this section, no fence, freestanding wall or other
structure shall be erected to a height in excess of 2 1/2 feet
above the crown of the road, and no vehicle, object or other obstruction
of a height in excess of 2 1/2 feet shall be parked or placed,
and no hedge, shrub or other growth shall be maintained at a height
in excess of 2 1/2 feet, except that trees whose branches are
trimmed away to a height at least seven feet above the road level
shall be permitted. Such triangular area shall be determined by the
center line of the cross street and the line of sight in both directions
from a point 35 feet back from the intersection of the center lines
of the approach and cross streets. As shown in Exhibit A,[1] the distance measured from the intersection for a secondary
or interior cross street shall be 250 feet. As shown in Exhibit B,[2] the distance measured from the intersection for a county
road or collector street shall be 400 feet.
[Amended 2-14-1983 by Ord. No. 993]
A.
In all cases where variances are granted from this
chapter for one-family dwellings, the successful applicant shall be
required to make application for a building permit to the Building
Inspector in conformity with the terms of the variance as granted
within six months from the effective date of the grant of variance.
The applicant shall be further required thereafter to complete construction
of the dwelling within one year following the issuance of the building
permit. The Board of Adjustment or the Planning Board, whichever authority
was the original grantor, shall be authorized to extend the six-month
provision established hereunder for application for said building
permit for good cause shown for additional periods of one year each.
In no event, however, shall said extensions be renewed beyond a period
of three years in the aggregate.
B.
In all cases where variances are granted from the
provisions of this chapter for commercial or industrial buildings
requiring Planning Board approval before construction may be commenced,
the successful applicant shall be required to make application for
the Planning Board approval within six months from the effective date
of the grant of the variance.
C.
In the event that the applicant further obtains the
requisite Planning Board approval, he or she shall thereafter be required
to make application for a building permit to the Building Inspector
in conformity with the terms of the variance as granted within one
year from the effective date of the Planning Board approval. The applicant
shall be further required thereafter to complete construction of the
commercial or industrial building within one year following the issuance
of the building permit. The Planning Board shall be authorized to
extend the one-year provision established hereunder for application
for the building permit for good cause shown for additional periods
of one year each. In no event, however, may such extension be renewed
beyond a period of three years in the aggregate.
