[Ord. No. 1811, § 23; Ord.
No. 1859, 5-27-1980, § 6; Ord. No. 2042, 7-9-1984, § 4; Ord.
No. 3747, 2-25-2003, § 3; Ord. No. 3963, 9-5-2006, § 2; Ord.
No. 4037A, 11-20-2007; § 1; Ord. No. 4038A, 11-20-2007, § 1; Ord.
No. 4130, 6-23-2009, § 1]
(a)
Zoning districts. For purposes of this chapter, the Township is hereby
divided into zoning districts as follows:
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R-S
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Residential Single-Family Detached
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R-M
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Residential Multifamily
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B-1
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Business - Retail
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B-2
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Business - Office
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B-R
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Special Business - Residential
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L-I
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Light Industry
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U
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University
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H
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Hospital
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RR-M
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Redevelopment Residential Multifamily
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RC-1
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Redevelopment Commercial - Office/Retail
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RC-2
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Redevelopment Commercial - Hotel/Motel
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RC-3
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Redevelopment Commercial - Hotel Accessory
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R-SCH
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Residential Senior Citizen Housing District
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R-TH
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Residential Townhouse District
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MX-1
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Mixed Use-1 District
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MX-2
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Mixed Use-2 District
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MH
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Medical and Health Facilities Overlay District
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Medical Office Residential Overlay District (MOR)
[Added by Ord. No. 4-2013, 4-23-2013] | ||
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Medical Office Business Overlay District (MOB)
[Added by Ord. No. 4-2013, 4-23-2013] | ||
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LI-2 Light Industry-2 District
[Added by Ord. No. 7-2014, 4-29-2014] | ||
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R-AH Residential-Affordable Housing
[Added by Ord. No. 8-2014, 4-29-2014] |
(b)
Zoning Map. The boundaries of the zone districts are established
on the map entitled "Zoning Map," dated May 1979, revised May 1980,
which accompanies and is made part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is on file in the office
of the Township Clerk and is available for inspection during regular
business hours. A list of Zoning Map amendments is included at the
end of this chapter.
(c)
Interpretation of zone district boundaries.
(1)
Zone district boundary lines are intended to follow street center
lines, streams and lot or property lines unless otherwise indicated
by dimensions on the Zoning Map. Any dimensions shown shall be in
feet, measured horizontally and measured from the street right-of-way
line even if the center line of that street serves as a zone district
line. The location of any disputed zone district line shall be determined
by the Board of Adjustment, pursuant to N.J.S.A. 40:55D-70b. Zone
district lines extend vertically in both directions from ground level.
(2)
Where a street or public way serves as the zone district line and
it is lawfully vacated, the former center line shall be considered
the zone district line,
(3)
Where such boundaries are not fixed by dimensions and where they
approximately follow lot lines and where they do not scale more than
25 feet distant therefrom, such lot lines shall be construed to be
such boundaries unless specifically shown otherwise.
(a)
Prohibited uses. All uses not expressly permitted in this chapter are prohibited, notwithstanding the enumeration of prohibited uses in Section 33-26 hereof.
(b)
Nonconforming uses, lots and structures.
(1)
Continuance. Except as otherwise provided herein, the lawful use
of land or buildings existing at the date of the adoption or amendment
of this chapter may be continued, although such use or building does
not conform to the regulations specified by this chapter for the zone
in which such land or building is located; provided, however, that:
a.
Nonconforming lots shall not be further reduced.
b.
Nonconforming buildings shall not be enlarged, extended or increased,
but may be repaired, maintained or replaced, subject to the limitations
of Subsection (4)b herein.
c.
Nonconforming uses may not be expanded.
d.
Nonconforming two-family dwellings located within the R-S Single-Family
Residential Zone District shall be considered permitted principal
uses, provided that all of the following conditions are met:
1.
The property has been described on the Township tax records
as a two-family dwelling continuously from a date prior to January
1, 1977, through and including the present time.
2.
There are separate entrances to the dwelling units and no direct
access between the dwelling units.
3.
There are separate kitchens and at least one full bathroom for
each dwelling unit.
4.
There are separate water, gas for cooking and electric utilities
for each dwelling unit.
5.
Neither dwelling unit is a basement unit.
e.
Nonconforming structures may not be enlarged, extended, increased
or removed and replaced except as otherwise provided herein.
1.
Nonconforming structures located on property within the R-S
Zone District and which contain a single-family detached dwelling
may be removed and replaced, provided that all of the following conditions
are met:
[i]
Verification of the nonconformity must be either through documentation
of the existing structure on the most recent tax assessment record
card dated on or before December 31, 2006, or by submission of a property
survey, indicating the existing structure, where such survey is dated
on or before December 31, 2006, and the nonconforming structure must
exist on the property at the time of application for removal and replacement.
[ii]
The size and location of the nonconforming structure
must be an exact replacement; except that the nonconforming structure
may be reduced in size, provided the resulting structure does not
further violate provisions of this chapter. No nonconforming structure,
if replaced at a reduced size, may then be changed back to the original
size which existed before the replacement.
[iii]
In the event of the destruction of a nonconforming
structure by reason of windstorm, fire, explosion or other act of
God or the public enemy, application to replace the structure must
be made within one year of the date of destruction. Verification of
the destruction of the nonconforming structure, in the form of a police
report, fire report, insurance claim or other document acceptable
to the Construction Official, must be submitted with the application
for removal and replacement.
[iv]
The nonconformity is a result of the existence,
location or size of one or more of the following structures:
[a]
Driveway.
[b]
Walkway.
[c]
Grade-level patio.
[d]
Air-conditioning condenser unit.
[e]
In-ground swimming pool.
[f]
Entry platform and steps.
[g]
Detached private garages.
[Added by Ord. No. 4281, 1-22-2013]
[h]
Retaining walls.
[Added by Ord. No. 4281, 1-22-2013]
[i]
Fences.
[Added by Ord. No. 4281, 1-22-2013]
(2)
Reversion. No nonconforming use shall, if once changed into a conforming
use, be changed back to a nonconforming use.
(3)
Abandonment. A nonconforming use shall be adjudged abandoned when
there occurs a cessation of any such use or activity for a continuous
period of one year. Such use shall not thereafter be reinstated, and
the structure shall not be reoccupied except in conformance with this
chapter.
(4)
Restoration, replacement or reconstruction.
[Amended by Ord. No. 4281, 1-22-2013]
a.
Any nonconforming building may be restored or repaired in the event
of partial destruction by reason of windstorm, fire, explosion or
other act of God or the public enemy. If any nonconforming building
erected prior to January 1, 2001, shall be destroyed by reason of
windstorm, fire, explosion or other act of God or the public enemy
to the extent that such destruction is deemed to be complete destruction,
then such building may be rebuilt, restored or repaired, provided
that proof of the existence and date of erection of such building
shall be by location on a survey dated prior to January 1, 2001, on
records of the Township of Teaneck or through the submission of an
affidavit by the property owner and at least one adjacent property
owner stating that the building existed prior to January 1, 2001,
and that they owned their respective properties prior to January 1,
2001. If any other nonconforming building shall be destroyed by reason
of windstorm, fire, explosion or other act of God or the public enemy
to the extent that such destruction is deemed to be complete destruction,
then such building may not be rebuilt, restored or repaired, except
in conformity with the regulations of this chapter. The Township Construction
Official shall apply the laws of the State of New Jersey, including
relevant case law, in determining whether such destruction is partial
or complete.
b.
If any nonconforming building shall be demolished or removed to effectuate
a proposed construction project to an extent of more than 60% of its
gross total building volume, then the building may not be rebuilt
or restored except in conformity with the regulations of this chapter.
c.
For purposes of this section, total building volume shall not include
the volume of nonhabitable crawlspaces located below the floor level
of the first habitable floor, the volume of nonhabitable attics measured
above the attic floor structure, and the volume of the nonhabitable
portion of detached garages.
(5)
Certain additions to nonconforming lots and structures. On a corner lot, an air-conditioner compressor or similar structure furnishing central air conditioning to a single-family dwelling or two-family dwelling may be installed in the side yard abutting the intersecting street, if it cannot be installed at any other location without violating minimum side yard requirements, but only if it exhausts vertically. On an interior lot, an air-conditioner compressor as aforesaid may be installed in the front yard, subject to the foregoing provisions and further provision that it be screened in accordance with Section 33-15, Subsection (s).
(6)
Building lots of record in R-S District. In cases where an owner
of a lot in the R-S District, approved as a building lot subdivision
under the Planning Act of 1953, can utilize the lot for the uses permitted
and comply with all district requirements except area and frontage,
and the merger provisions hereinafter set forth do not apply, and
nothing has been done by the owner or predecessors in title to destroy
the distinct identity of the lot as a building site, the lot may be
utilized without obtaining a variance; provided, however, that no
lot of less than 5,000 square feet in area or fifty-foot frontage
shall be so used.
(7)
Merger. In the case of any lot which is deficient in area or width
by the terms of this chapter, the rights acquired or existing therein
to use the lot as a building site shall terminate and become nonexistent
and void should the deficient lot merge in fee with any adjoining
vacant lot abutting on the same street. A merger shall be deemed to
have occurred if the same person or persons have equitable or legal
ownership of both lots.
(c)
Principal use; frontage upon an improved street. Not more than one
principal building shall be located on a lot, except those buildings
that comprise a planned development, as in the redevelopment districts.
No lot may be developed unless it fronts upon an improved public street,
except for lots in a planned development, as in the redevelopment
districts.
(d)
Enforcement; zoning permit; violations and penalties.
(1)
It shall be the duty of the Zoning Officer to administer and enforce
the provisions of this Zoning Ordinance, and no building permit or
zoning permit shall be issued unless the proposed structure, use,
awning, canopy, temporary activity or construction activity complies
with this chapter.
(2)
In case any building or structure is erected, altered, converted
or maintained or any building, structure or land is used in violation
of this chapter, the Township or an interested party, in addition
to other remedies, may institute appropriate action to prevent such
unlawful erection, alteration, conversion, maintenance or use; to
restrain, correct or abate such violation; to prevent the occupancy
of said building, structure or land; and to prevent any illegal act,
conduct, business or use in or about such premises. Any person convicted
of such violations before a court of competent jurisdiction shall
be subject to a penalty not to exceed the maximum amount permitted
under N.J.S.A. 40:49-5 and as amended hereafter, and/or 90 days in
jail. Each day that a violation of this section continues shall be
deemed a separate and distinct violation.
(3)
Zoning permit.
a.
A zoning permit shall be required as a condition precedent to the
commencement of a use, or change of use, or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building, excluding fences and sheds. As used herein, "change of
use" shall be deemed to include any change in the utilization of a
building or lot or part thereof where the resulting use is subject
to bulk, dimensional, special or other zoning regulations which are
different than those impressed upon the prior use.
[Amended by Ord. No. 4281, 1-22-2013]
b.
A zoning permit shall be issued by the Zoning Officer when all requirements
of the Zoning Ordinance have been met. After a change of use has been
made on a lot or in a building or structure, a zoning permit shall
be required and no certificate of occupancy shall be issued without
the required zoning permit.
c.
A written application for a zoning permit shall be filed with the
Zoning Officer by the owner or his agent. The application shall include
the following:
1.
The name and address of the owner or his agent.
2.
The location of the building, structure or lot.
3.
The existing or last prior and proposed uses of the building
or property.
4.
The number of occupants or employees, maximum number of parking
spaces available, number of tenants (if the building is to be multitenanted)
and the total square footage of the building or lot, if there is no
building.
d.
When a building, structure or lot is entitled to a zoning permit,
the Zoning Officer shall cause it to be issued within 10 days after
written application therefor. A zoning permit shall certify the purpose
for which the building, structure or lot may be used. It shall specify
the permitted use category, the date of issuance and any special stipulations
and conditions of the permit. The Zoning Officer shall affix his signature
thereto and shall certify that such use, structure or building complies
with the provisions of the Zoning Ordinance or any variance therefrom
duly authorized by a municipal approving authority.
e.
Should the Zoning Officer be in doubt as to the propriety of issuing
any permit in the particular case, he shall refer the matter to the
Zoning Board of Adjustment for interpretation and decision.
f.
The Zoning Officer may revoke a zoning permit whenever a condition
of the permit has been violated.
g.
A zoning permit shall always be subject to the following conditions:
1.
That the use, building or structure to which it relates meets
the conditions of all building permits, approved drawings and any
prior approvals granted by the Township.
2.
That all required fees have been paid in full.
3.
That all necessary inspections have been completed and that
the completed project meets the requirements of the Development Regulations
Ordinance,
4.
That all violations have been corrected and that any assessed
penalties have been paid.
(e)
Issuance of permits; official map. For the purpose of preserving
the integrity of the Official Map, no permit shall be issued for any
building or structure in the bed of any street or public drainageway,
flood control basin or public area reserved pursuant to law as shown
on the Official Map, except as provided in N.J.S.A. 40:55D-34.
(f)
General rules for interpretation and application of dimensional requirements.
(1)
Street block. A street block shall be deemed to include both sides
of the street, from the center line of one street intersection to
the next nearest street intersection, except that:
a.
In the case of an entering street which does not continue through
the opposite side, the street block shall include both sides of the
street measured from the center line of the entering street to the
center line of the next street intersection.
b.
In the case of a lot located between two entering streets, the street
block shall include both sides of the street between the center lines
of the two entering streets.
c.
For the purposes of determining permissible deviation from lot width
standards, in the case of an entering street which does not continue
through the opposite side and in the event that the center line of
the entering street intersects a lot on the opposite side, the lot
shall be deemed included within the street block on both sides of
the center line of the entering street.
(2)
Corner lots.
a.
Yard width or setback requirements. Except in the redevelopment districts
which are subject to special criteria set forth in this chapter, a
principal building shall meet the minimum front yard setback requirements
of the district from both streets, and, if the lot is in the R-S,
B-2 or L-I District and the street block includes another district
with greater front setback requirements, the principal building shall
also comply with the greater setback requirement. The remaining property
lines shall be considered side yard lines and the building shall comply
with the minimum side yard requirements for the district in which
the lot is located with respect to those side yards.
b.
Establishing frontage and front yards. The following rules shall
pertain in the following districts:
1.
R-S District. The developer shall have the option of designating
which street line shall be the front line of the lot, at the time
application is made for a building permit. Failing said designation,
the Zoning Officer shall establish the front line.
2.
R-M District. If the street lines of the corner lot vary in
length, the lot shall be deemed to front upon the street line of greater
length. If the street lines are of equal length, the developer shall
have the option of designating which street line shall be the front
line of the lot, at the time application is made for a building permit.
Failing said designation, the Zoning Officer shall establish the front
line.
3.
B-1, B-2, B-R and L-I Districts. The front line shall be on
the street whereon over 50% of the lots on the street block are in
the same zoning district as the subject corner lot. If both streets
so comply, the front line shall be on the street designated on the
Official Map as a secondary arterial street, or failing same, as a
collector street. If both streets are so designated, the developer
shall have the option of designating which street line shall be the
front line of the lot, at the time application is made for a building
permit. Failing said designation, the Zoning Officer shall establish
the front line.
4.
U, H, RR-M, RC-1, RC-2 and RC-3 Districts. Not applicable.
(3)
Yard areas.
a.
No building other than a single-family detached dwelling shall be
constructed, altered or moved nearer than 40 feet to the center line
of any street or streets upon which its lot may abut or front.
b.
An open platform or a roofed-over but unenclosed projection in the
nature of an entry or portico, not more than eight feet wide and extending
not more than six feet out from the front wall of the building and
front entry steps leading from the front door down to grade, shall
be exempt from the requirements of this section when the building
otherwise complies with the regulations of this section. In computing
the average setback, the presence of such entries, porticos and platforms
shall be ignored. Chimneys extending not more than 18 inches into
the existing side yard shall be exempt from the requirements of this
section.
c.
An open platform or a roofed-over but unenclosed projection in the
nature of an entry or portico, not more than four feet wide and extending
not more than four feet out from the side wall of the building and
side entry steps leading from the side door down to grade, shall be
exempt from the requirements of this section when the building otherwise
complies with the regulations of this section. The open platform may
be a maximum of 32 inches above the adjacent grade.
[Added by Ord. No. 4281, 1-22-2013]
d.
Safety railings, surrounding basement emergency escape and rescue
bulkhead enclosures, basement garage retaining walls and basement
access stairs, as accessory structures to one-family and two-family
detached dwellings, in accordance with the following provisions, may
be placed within any yard area:
[Added by Ord. No. 4281, 1-22-2013[1]]
1.
The safety railing may be a maximum of 36 inches high above
the upper adjacent grade.
2.
The safety railing must be made of metal and painted black,
dark brown or dark green.
3.
The balusters may be a maximum of one inch in width and a maximum
of four inches on center.
4.
The safety railing must contain an access gate that shall be
releasable or removable from the inside without the use of a key,
tool, special knowledge or force greater than that which is required
for normal operation of the escape and rescue opening.
[1]
Editor's Note: Pursuant to this amendment, former Subsection
(f)(3)(c), Hackensack River buffer, was renumbered to Subsection (f)(3)(e).
e.
Hackensack River buffer.
1.
Definition. The Hackensack River buffer is defined as all that
land a distance of 50 feet from the mean high water line as determined
by the United States Army Corps of Engineers. In the event the mean
high water mark has not been determined by the United States Army
Corps of Engineers, then the mean high water mark elevation as shown
upon the Township Tax Assessment Maps shall be used.
2.
Buffer area. Said buffer shall consist of:
[i]
Natural plant materials;
[ii]
No disturbance of established vegetation, unless
disturbance is required to remove nonnative species and reestablish
native plant materials or to install;
[iii]
A pathway, benches, lighting and waste receptacles
in accordance with standards established by the governing body.
3.
Documentation. Sufficient information to permit a determination
as to the mean high water mark shall be provided by an applicant for
development on any lot adjacent to the Hackensack River.
(4)
Height.
a.
Residential dwellings except in the RR-M District. At least 51% of
the length of the roof ridge must have at least a twenty-two-foot
height above the average ground level on three sides of the building.
Where the ridge height of a split-level dwelling is measured from
the ground level, the dwelling shall have a second floor ceiling with
a minimum height of seven feet six inches.
b.
Exceptions in all districts. The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas, mechanical penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, television antennas and, except as hereinafter limited, necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection of a parapet wall above the building height limit, provided that the same does not exceed 42 inches and is without windows. All appurtenances shall be screened in accordance with the standards and specifications of Section 33-15(s). Necessary mechanical appurtenances either in excess of 100 square feet on any side or greater than eight feet in height shall not be exempt from the height limitations of this chapter, except that elevator penthouses and stair bulkheads are exempt notwithstanding their size, and except for necessary mechanical appurtenances in the RC-1, RC-2 and RC-3 Districts.
(5)
Awnings and canopies. Awnings and canopies are permitted in all districts
as accessory structures, accessory to the building to which they are
affixed, in accordance with the following criteria:
a.
They shall be permitted only on building walls that front on a public
street.
b.
They shall be limited in size and placement as follows:
1.
Total area shall not exceed four square feet for each square
foot of front wall width.
2.
They shall not project more than three feet from the building
wall.
3.
They shall not project past the property line, except for nonresidential
uses in B-1, B-2 and BR Districts.
4.
The bottom of the awning and the bottom of the horizontal plane
of the canopy shall be not less than eight feet above grade, and the
top of the awning or canopy shall be no higher than 12 feet above
grade.
5.
They shall be mounted below any sign and above the storefront.
c.
They shall be constructed of weather-resistant, matte acrylic material
that will not readily tear and shall be securely affixed so that they
will not readily become detached from the structure to which they
are accessory.
d.
They shall not interfere with any window, fire escape or opening
designed to provide light and air or ingress to or egress from any
building.
e.
Awnings and canopies for each occupant in a single building with
multiple occupants shall be uniform in color, height and design.
f.
Awnings shall be retractable and must be retracted daily at the close
of business.
g.
The following solid colors are permitted: burgundy/maroon, dark green,
dark blue, dark brown and black.
h.
No sign may be drawn or otherwise inscribed upon awnings or canopies.
(g)
Waiver or modification of accessory use and conditional use criteria;
distinction.
(1)
Accessory uses. A condition qualifying the location or operation
of a permitted accessory use may be waived or modified by variance.
This shall not be deemed to allow an accessory use in a district which
does not permit same.
(2)
Conditional uses. A condition qualifying the location or operation
of a permitted conditional use may be waived or modified by the Planning
Board, if permitted by law, based upon the following determination:
a.
The condition or conditions that cannot be adhered to can be waived
or modified without adverse effect to the surrounding neighborhood
and without substantial impairment or interference with the proposed
use; and
b.
The literal enforcement of one or more of the conditions is impracticable
or will impose undue hardship because of peculiar conditions pertaining
to the land in question.
|
The foregoing shall not be deemed to allow a conditional use
in a district which does not permit same.
|
(h)
Handicapped ramps for wheelchair access.
(1)
Notwithstanding anything contained in this chapter to the contrary,
in the event a property owner of a single-family or two-family dwelling
requires the addition of a handicap ramp for wheelchair access to
the property owner's dwelling for use by a person(s) residing
therein, such property owner is required to obtain a zoning permit
and a building permit, as applicable. It is acknowledged that not
all such ramps would violate the bulk requirements of a zone and,
as such, not all such ramps would require a variance. However, where
such a proposed ramp does violate a bulk requirement of the zone,
in addition to the requirement of a building permit, the applicant
must also obtain a handicapped ramp license from the Building Department
and, in doing so, may be exempt from having to obtain a variance if
the following is provided with the application for the building permit:
a.
A certification of a licensed physician that the person must be in
a wheelchair during ingress and egress from the dwelling; and
b.
A certification from a licensed architect that there are no reasonable
means of access to and from the dwelling without the use of a handicap
ramp. For purposes of this section, "reasonable means" shall not be
deemed to include the installation of an outdoor wheelchair lift.
|
Upon approval of the plans and issuance of the building permit,
a handicapped ramp license for the ramp shall be issued, which license
shall expire one year from the date of issuance.
|
(2)
Prior to the expiration of any handicapped ramp license, the holder
of the license may apply to the Building Department for a renewal
of same, which application for renewal shall include an updated certification
from a licensed physician that the person must be in a wheelchair
during ingress and egress from the dwelling. The license may be annually
renewed until the ramp is no longer required by the property owner.
(3)
Notwithstanding anything contained to the contrary herein, upon the
change of occupancy of any building, a renewal license must be sought
by the new occupant regardless of any unexpired term of an existing
handicapped ramp license.
(4)
Upon the expiration of any handicap ramp license, the ramp shall
be removed.
(i)
Temporary toilet facility.
(1)
Permit required. No person, firm, partnership, corporation, association
or organization of any kind (hereinafter referred to as "person")
shall construct or install any temporary toilet facility upon any
property within the Township of Teaneck without first obtaining a
permit issued by the Zoning Officer, or his designee, as provided
herein.
(2)
Permit fees. All permit fees for temporary toilet facilities shall
be as set forth in Appendix III, Fees and Charges for Certain Township
Services, of this Code.
(3)
Application procedure.
a.
Before any temporary toilet facility shall be placed upon any property
within the Township of Teaneck, the person desiring to construct or
install the temporary toilet facility shall make application for a
permit, in writing, to the Building Department. The application shall
contain or have attached thereto the following information:
1.
The street address, block number and lot number of the subject
property.
2.
The name, address and telephone number of the applicant.
3.
The name, address and telephone number of the property owner,
if other than the applicant, together with a written consent of the
owner to the application.
4.
The name, address and telephone number of the company or firm
supplying the temporary toilet facility, the number of units to be
used on the property, the date ofconstruction or installation, the
frequency of servicing of the units and the proposed date of removal
of the temporary toilet facilities.
5.
A site plan indicating the proposed location of each temporary
toilet facility on the subject property. The site plan shall indicate
all improvements current at the time of application and the dimensional
setback from each temporary toilet facility to property lines. In
the case of a construction project, the site plan shall indicate all
proposed improvements.
b.
The Zoning Official, or his designee, will review the application
for completeness and conformance with the terms of this subsection
and will either approve or deny the application within 10 business
days from the date of submission of the application.
(4)
Rules and regulations.
a.
Location on property. All temporary toilet facilities shall be located
on the property in accordance with the following provisions:
1.
Temporary toilet facilities, utilized within the R-S Zone District,
shall not be located within any required side yard area.
2.
Temporary toilet facilities, utilized within the R-S Zone District
and located within a required front yard area, shall have a minimum
setback of five feet from the front property line and a minimum setback
of 10 feet from the side property lines.
3.
Temporary toilet facilities, utilized within the R-S Zone District
and located within a required rear yard area, shall have a minimum
setback of 10 feet from the rear and side property lines.
4.
Temporary toilet facilities, utilized within all zone districts
other than the R-S Zone District, shall be located within the required
rear yard area and shall conform to the setback requirements for accessory
structures.
5.
The door of each temporary toilet facility shall face towards
the interior of the lot and shall be directed away from adjacent properties
and the public right-of-way.
b.
Security.
c.
Maintenance.
1.
Each temporary toilet facility shall be maintained in a sanitary
condition so as not to create foul odors, attract flies or other insects,
or otherwise create a public health nuisance.
2.
Installation, servicing and removal of temporary toilet facilities
shall only occur Monday through Friday between the hours of 8:00 a.m.
and 6:00 p.m.
(5)
Administration and enforcement; revocation of permit; violations
and penalties.
a.
The Building Department of the Township of Teaneck is authorized
to administer the provisions of this subsection.
b.
The provisions of this subsection shall be enforced by the Zoning
Officer, or his designee, the Health Officer, or his designee, or
the Police Department of the Township of Teaneck.
c.
Any permit issued pursuant to this subsection may be revoked by the
Zoning Officer, at any time, if the conditions under which the permit
was issued have been violated.
d.
Any person who violates any provision of this subsection shall, upon
conviction thereof, be punished by a fine not to exceed $500. A separate
offense shall be deemed committed on each day during or on which a
violation occurs or continues.
[Ord. No. 1811, § 24; Ord.
No. 1833, § 1; Ord. No. 1859, 5-27-1980, § 7; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2042, 7-9-1984, § 5; Ord.
No. 3268, 6-26-1990, § 1; Ord. No. 3363, 7-6-1993, § 2; Ord.
No. 3472, 10-8-1996, § 1; Ord. No. 3473, 10-8-1996, § 1; Ord.
No. 3654, 12-19-2000, §§ 3,
4, 5; Ord. No. 3673, 5-8-2001, § 1; Ord. No. 3728, 8-20-2002, § 2; Ord. No. 3859, 3-8-2005, § 1; Ord. No. 3930, 1-10-2006, § 1; Ord.
No. 3949, 6-5-2006, § 1; Ord. No. 4035; 10-9-2007, § 1; Ord. No. 4051, 2-4-2008, §§ 1, 2, 3; Ord. No. 4062, 3-18-2008, §§ 5,
6, 7; Ord. No. 4071, 5-27-2008, § 1.]
[Ord. No. 1811, § 25; Ord.
No. 1821, § 1; Ord. No. 1859, 5-27-1980, § 8; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 1968, 10-19-1982, § 3; Ord.
No. 2042, 7-9-1984, §§ 6,
7; Ord. No. 2044, 7-9-1984, §§ 2, 3, 4, 5, 6, 7,
8, 9, 10: Ord. No. 2056, 9-18-1984, § 1; Ord. No. 2081, 5-7-1985, §§ 1, 2; Ord. No. 3025, 1-21-1986, § 1; Ord. No. 3059, 10-21-1986, § 1; Ord.
No. 3269, 6-26-1990, §§ 2,
3; Ord. No. 3346, 3-9-1993, § 2; Ord. No. 3373, 10-26-1993, § 1; Ord. No. 3387, 4-12-1994, § 1; Ord. No. 3438, 11-14-1995, § 2; Ord.
No. 3474, 10-8-1996, § 2; Ord. No. 3498, 5-13-1997, §§ 1, 2, 3, 4, 5, 6, 7, 8, 9 and 10; Ord. No. 3576, 12-15-1998, §§ 1, 2; Ord. No. 3590, 4-27-1999, §§ 1,
2; Ord. No. 3747, 2-25-2003, § 5; Ord. No. 3908, 10-6-2005, § 2; Ord. No. 3963, 9-5-2006, § 4; Ord. No. 4015, 8-21-2007, §§ 1, 2, 3; Ord. No. 4037A, 11-20-2007,
§ 3; Ord. No. 4038A, 11-20-2007, § 3; Ord. No. 4039, 12-3-2007, § 1; Ord.
No. 4044, 11-20-2007, § 1; Ord. No. 4072, 5-27-2008, §§ 1, 2, 4; Ord. No. 4130, 6-23-2009, § 3; Ord. No. 4135, 6-23-2009, § 1; Ord. No. 4181, 4-27-2010, § 1.]
(a)
R-S Residential Single-Family Detached District.
(1)
Permitted principal uses. Single-family detached dwellings.
(2)
Permitted accessory uses.
a.
Home occupation, provided that no more than three business invitees
shall be on the premises at any one time, except in the case of a
day-care facility; that shipments and deliveries to and from the home
are limited to no more than two times per calendar week by vehicles
whose maximum cargo load shall not exceed 5,000 pounds (i.e., cube
vans or box vans); and that the business is restricted to one room
of the house in the principal living space.
b.
Home professional office, provided that the office shall employ no
more than two persons other than the resident professional.
c.
Swimming pool installed and used in accordance with Chapter 34 of the Township Code and all other health, safety and development ordinances which relate to water filtration, circulation and treatment; fencing; noise control; and lighting.
d.
Private garage, with space for not more than three motor vehicles.
e.
Boarders or roomers, in accordance with the following regulations:
1.
There shall be no display or advertising on the premises in
connection with such use.
2.
The dwelling shall be owner-occupied, and the use of the premises
by the boarders or roomers shall be of a permanent and domestic character,
not transient.
3.
No more than two boarders and/or roomers in any one dwelling.
4.
The accommodations for said boarders or roomers shall not include
food storage or food preparation facilities.
5.
The accommodations for said boarders or roomers shall not be
structurally separated from the living quarters of the owner-occupant
by a separate outside entranceway or by an internal partition, other
than a door separating the sleeping accommodations of the roomer or
boarder from the rest of the dwelling.
f.
Tennis courts, in accordance with the following regulations:
1.
They shall not be used for commercial purposes.
2.
They shall not be erected in the front yard.
3.
They shall be set back from side and rear property lines a minimum
of the height of backstops and sidestops, but not less than eight
feet. Said backstops and sidestops shall not exceed 12 feet in height.
g.
One storage shed and one storage bin, in accordance with the following
regulations:
h.
Satellite antennas, subject to the following conditions:
1.
The satellite antenna shall be used for receiving signals only;
transmission is prohibited. The installation shall be for the benefit
of the residents of the dwelling and not for the benefit of off-site
users.
2.
There shall be no more than one satellite antenna per lot, regardless
of the number of dwelling units on the lot.
3.
Installation may be either on the roof or on the ground. In
both cases, the installation shall be adequately screened to minimize
visibility from adjacent properties. If ground-mounted, the apparatus
shall not be located in any front yard or side yard and shall not
exceed the height of the principal building located on the lot. The
permit application shall be accompanied by a screening plan and, for
roof-mounted antennas, written certification from a structural professional
engineer that the installation will be resistant to a one-hundred-mile-per-hour
wind.
4.
The height of the apparatus (including antenna supports) shall
not exceed nine feet. The surface area of the reflective dish shall
not exceed 50 square feet, and the diameter of the reflective dish
shall not exceed eight feet.
i.
Other accessory uses customarily associated with single-family dwellings,
provided that such uses are subordinate to the principal use, do not
change the character of the principal use and serve only the principal
use.
(3)
Conditional uses. None.
a.
Home professional offices employing two persons but no more than six persons other than the resident professional, subject to the provisions of Section 33-25 of this chapter.
b.
Public and private nursery, elementary and secondary schools, but not trade or business schools, subject to the provisions of Section 33-25 of this chapter.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Type
|
Minimum Requirement
| |
|---|---|---|
|
Lot area
|
7,500 square feet or the average of the areas of lots fronting
on both sides of the street to the nearest intersections, whichever
is greater
| |
|
Lot width
|
75 feet
| |
|
Front yard setback
|
25 feet, or the average of existing setbacks along the same
side of the street of two lots to the left and two lots to the right
of the property proposed to be developed, whichever is greater. In
the event that there are fewer than two lots to either side of the
lot to be developed, then a total of four lots shall be used in the
calculation of the average setback. In the event that there are fewer
than five lots along the street block, then all lots shall be used
in the calculation of the average setback.
| |
|
Side yard width
| ||
|
60-foot or greater lot width
|
10 feet or 15% of lot width, whichever is greater
| |
|
Less than 60-foot lot width
|
7 feet
| |
|
Side yard width, combined
|
30% of lot width
| |
|
Rear yard depth
|
25 feet
|
b.
Maximums.
|
Type
|
Maximum Requirement
| |
|---|---|---|
|
Building coverage
|
25%
| |
|
Lot coverage
|
40%
| |
|
Building height, principal building
|
35 feet
| |
|
Building height, accessory building
|
15 feet
|
c.
Permissible deviation from lot width standard. Notwithstanding the
foregoing, a lot width of less than 75 feet shall be sufficient for
a single-family detached dwelling, if:
1.
Two-thirds of the total building lots fronting on both sides
of the street on the street block in which the lot is located contain
lot widths not greater than the subject lot.
2.
Not more than one-third of the building lots fronting on both
sides of the street on the street block are vacant.
3.
The subject lot contains no less than a fifty-foot width and
a five-thousand-square-foot area.
4.
The subject lot is not a corner lot.
|
If the opposite side of the street contains a zone district
other than the R-S District, the lots to be considered in computing
the above percentages shall include only those in the R-S District.
|
d.
Permissible deviation from lot coverage standard. Notwithstanding
the foregoing, a lot with less than a sixty-foot frontage and containing
a lot area not exceeding 6,000 square feet and where there exists
a detached garage located within the rear yard, the lot coverage of
the driveway area only shall be calculated as follows:
1.
The square foot area of the driveway located within the front
yard shall be multiplied by a factor of 100%.
2.
The square foot area of the driveway located within the side
yard and rear yard shall be multiplied by a factor of 50%.
3.
The total driveway area, for the purpose of calculating lot
coverage, shall be the sum of the above areas.
4.
This provision shall not apply if the subject lot is a corner
lot.
e.
Accessory structures.
1.
In general.
[Amended by Ord. No. 4281, 1-22-2013]
[i]
Unless otherwise specified herein, an accessory structure which
is attached to a single-family dwelling shall comply with the yard
requirements for the principal dwelling. A detached accessory structure
shall be located behind the front building line of the principal dwelling.
[ii]
If located in a side yard, it shall conform to
the side yard requirements for the principal dwelling. If located
in a rear yard, it shall be located no closer to the rear property
line than the height of the accessory structure or 12 feet, whichever
is less, except that storage sheds and detached garages may be located
no closer than three feet to the rear and side property line. All
accessory structures, other than in-ground swimming pools, shall occupy
no more than 20% of the rear property area. If located in a side yard
of a corner lot, storage sheds and detached garages shall be set back
a minimum of 50% of the lot depth from each respective street line
and may be located no closer than three feet to either side property
line.
2.
Swimming pools. A swimming pool shall be located no closer than eight
feet to a rear or side property line, measured from the nearest waterline
of the pool to the respective property line of the property. It shall
be located no closer than five feet to the principal dwelling or any
accessory structure.
3.
Generators within the side yard shall be set back a minimum
of five feet from the side property line. Routine testing of such
generators shall only be conducted between the hours of 9:00 a.m.
and 5:00 p.m.
[Added by Ord. No. 14-2015, 3-24-2015]
(5)
Other provisions and requirements.
c.
Open and extended storage of recreational vehicles. The storage of
a recreational vehicle out of doors and for more than 72 hours in
the R-S District is prohibited, unless:
1.
The recreational vehicle is owned by a person who resides in
the dwelling or is an invitee of a resident and is owned for pleasure
and not for sale or other commercial purposes.
2.
The recreational vehicle does not exceed 45 feet in length,
including hitching device.
3.
The vehicle is not stored within a sight triangle.
4.
A zoning permit is obtained in accordance with Section 33-23 hereof. Site plan approval shall not be required.
5.
In addition to c1 through 4 above, for recreational vehicles
which do not exceed 25 feet:
[i]
The recreational vehicle is screened from adjoining properties so as not to be visible from ground level, in accordance with the standards and specifications of Section 33-15(s).
[ii]
The recreational vehicle is located no closer than two feet
to any building or structure or to any property line and, if a corner
lot, is located no closer to the secondary street than the required
building setback line from said secondary street.
6.
In addition to c1 though 4 above, for recreational vehicles which
exceed 25 feet but are no greater than 45 feet:
[i]
In addition to any screening requirements of Section 33-15(c), a six-foot-high privacy fence is installed for the length of the vehicle.
[ii]
A two-inch-caliper deciduous tree is installed between the vehicle
and the property line for each 13 feet of vehicle length or portion
thereof. This requirement may be waived by the Zoning Officer if the
Zoning Officer determines that existing trees satisfy the requirements
of this section.
[iii]
The recreational vehicle is located not less than seven feet
from the side or rear property line.
[iv]
The recreational vehicle is not parked in the front yard.
d.
Front yard parking or placement prohibited. No permanent pool, motor
vehicle or recreational vehicle shall be permitted in a front yard,
except that, subject to the extended parking requirements of Subsection
(a)(5)c above, motor vehicles and recreational vehicles which do not
exceed 25 feet in length may be parked in a driveway. Nothing herein
contained shall be deemed to permit open parking or placement of a
motor vehicle or recreational vehicle which is in a state of disrepair
or partial construction.
e.
Commercial vehicles. As used herein, "commercial vehicle" shall mean
a motor vehicle designed for and adapted to commercial purposes, regardless
of the use of such vehicle at any particular time. A vehicle bearing
a commercial legend, name or other form of advertising on its body
and/or displaying commercial plates shall be deemed to be a commercial
vehicle. No commercial vehicle greater than 20 feet in length or 6 1/2
feet in height shall be parked out of doors in the R-S District at
any time unless its operator is in the process of rendering the commercial
service and the vehicle is parked only for the duration of such service.
No more than one commercial vehicle of less than 6,500 pounds gross
vehicle weight in capacity may be garaged on a lot in the R-S District.
No commercial vehicle of 6,500 pounds gross vehicle weight in capacity
or greater rated capacity may be garaged in the R-S District. Commercial
vehicles 20 feet in length or less or 6 1/2 feet in height or
less, if not garaged or otherwise parked under cover or if not in
the process of rendering a commercial service and parked only for
the duration of such service may be parked out of doors in the R-S
District, provided that all commercial writing on the vehicle is covered
by an opaque, closely fitted screen, made of durable material, and
further provided that the vehicle is parked in the driveway.
f.
Limitations on side yard paving.
1.
Improved surfaces, including but not limited to asphalt, concrete
and concrete pavers, are prohibited in any side yard, except as a
walkway or driveway. Any such permitted driveway must provide ingress
to and egress from an attached garage, detached garage or parking
space in the rear yard and shall be no wider than 12 feet. Any such
permitted walkway shall be no wider than three feet. Only one such
driveway and one such walkway shall be permitted in a side yard. There
shall be a separation between any such driveway and walkway of two
feet of unimproved area or if placed adjacent to each other a height
difference of six inches.
2.
Improved surfaces, including but not limited to asphalt, concrete
and concrete pavers, in excess of 12 feet in width may be located
within a side yard, provided all of the following conditions are met:
[i]
The improved surface must be used as a vehicle maneuvering area
and lead to an enclosed garage space within the principal dwelling.
The enclosed garage space must accommodate a minimum of one vehicle
and a maximum of three vehicles.
[ii]
The maneuvering area adjacent to the enclosed
garage space(s) may be a maximum of 24 feet in depth, measured perpendicular
to the garage door(s).
[iii]
The maneuvering area adjacent to the enclosed
garage space(s) may be a maximum of 12 feet in width for each garaged
vehicle space, for a maximum width of 36 feet.
[iv]
The driveway leading to the maneuvering area may
be a maximum of 12 feet in width.
[v]
All portions of the maneuvering area must be a minimum of seven
feet from any side property line.
[vi]
A six-foot-high, solid fence shall be installed
along the side property line for the full length of the maneuvering
area. A native deciduous tree of a type approved by the Township,
minimum two-inch caliper, shall be planted between the maneuvering
area and the side property line for each garaged vehicle space. Any
tree installed as a requirement of this section shall be maintained
by the property owner for as long as the maneuvering area remains
in place.
[vii]
Only one such maneuvering space may be located
on a single property.
3.
On corner lots only, improved surfaces, including but not limited
to asphalt, concrete and concrete pavers, may be located within a
side yard. Except for driveways and walkways, such improved surfaces
must be set back a minimum of 50% of the lot depth from each respective
street line.
[Added by Ord. No. 4281, 1-22-2013]
(b)
R-M Residential Multifamily District.
(2)
Permitted accessory uses. The same as specified in the R-S District,
except that there shall be no more than one satellite antenna per
residential multifamily building, and not per lot, regardless of the
number of buildings per lot.
(4)
Dimensional, density and other bulk restrictions.
a.
For all uses permitted in the R-S District, the requirements shall
be the same as that district.
b.
Single-family attached dwellings; townhouses/row houses.
1.
Minimums.
|
Lot area
|
2,000 square feet
| |
|
Lot width
|
20 feet
| |
|
Front yard setback
|
20 feet
| |
|
Side yard width, end unit
|
10 feet
| |
|
Rear yard depth
|
25 feet
|
2.
Maximums.
|
Dwelling units per acre
|
8
| |
|
Building coverage, per lot
|
40%
| |
|
Lot coverage
|
70%
| |
|
Building height, principal building
|
35 feet
| |
|
Building height, accessory building
|
15 feet
|
c.
Two-family
dwellings.
1.
Minimums.
|
Lot area
|
6,000 square feet per family
| |
|
Lot width, semidetached
|
50 feet per lot
| |
|
Lot width, duplex
|
100 feet
| |
|
Front yard setback
|
25 feet
| |
|
Side yard width
|
10 feet
| |
|
Side yard width, total
|
20% of lot width
| |
|
Rear yard depth
|
25 feet
|
2.
Maximums.
|
Building coverage
|
30%
| |
|
Lot coverage
|
50%
| |
|
Building height, principal building
|
35 feet
| |
|
Building height, accessory building
|
15 feet
|
d.
Multifamily dwellings.
1.
Minimums.
|
Lot area
|
1 1/2 acres
| |
|
Lot width
|
150 feet
| |
|
Front yard setback
|
30 feet
| |
|
Side and rear yard setback
|
30 feet
| |
|
Distance between buildings, end-to-end
|
30 feet
| |
|
Distance between buildings, all other
|
40 feet
|
2.
Maximums.
|
Dwelling units per acre
|
12
| |
|
Building coverage
|
20%
| |
|
Lot coverage
|
65%
| |
|
Building height, principal building
|
35 feet
| |
|
Building height, accessory building
|
15 feet
|
(5)
Other provisions and requirements.
(c)
B-1 Business - Retail District.
(1)
Permitted principal uses.
a.
Retail sales of goods and services, except as specifically prohibited in Section 33-26 of this chapter.
b.
Offices, financial institutions and business schools; provided, however,
that offices and business schools shall not be permitted on the first
floor along Cedar Lane frontage between Elm Street and the railroad.
c.
Restaurants, including fast-food restaurants, but such fast-food
restaurants shall be limited to the following areas:
1.
The B-1 District which fronts upon Cedar Lane, between Elm Avenue
and the railroad right-of-way only.
2.
The B-1 District in the West Englewood Plaza, in its entirety.
3.
The B-1 District which fronts upon Queen Anne Road and/or DeGraw
Avenue.
|
In all other portions of the B-1 District, fast-food restaurants
shall be conditional uses.
|
d.
Funeral homes.
e.
Theaters, assembly halls and bowling alleys.
f.
Apartments over commercial uses.
g.
Single-family dwellings, detached or attached, with frontage on Beverly
Road.
(2)
Permitted accessory uses. Uses customarily incidental to the permitted
principal uses.
(3)
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Lot area
|
None
| |
|
Lot width
|
None
| |
|
Front yard setback
|
The average of existing setbacks along the same side of the
street to the nearest intersections
| |
|
Side yard width
|
None
| |
|
Rear yard depth
|
20 feet
|
b.
Maximums.
|
Building coverage
|
25%, unless off-street parking is not required under Section
33-28(b)(1), in which case maximum building coverage shall be 80%
| |
|
Lot coverage
|
80%, unless off-street parking is not required under Section
33-28(b)(1), in which case maximum lot coverage shall be 100%
| |
|
Building height, principal building
|
35 feet
| |
|
Building height, accessory building
|
15 feet
|
(5)
Other provisions and requirements.
c.
Frontage on Beverly Road. Within 100 feet of the street line of Beverly Road, between Garrison Avenue and Elm Avenue, the only nonresidential permitted use shall be off-street parking accessory to a building with frontage on Cedar Lane, and a buffer area and screening shall be provided in accordance with the standards and specifications of Section 33-15, Subsection (s).
(d)
B-2 Business - Office District.
(2)
Permitted accessory uses. Uses customarily incidental to the permitted
principal uses, including satellite antennas, subject to the following
conditions:
a.
Satellite antennas shall be used for receiving signals only; transmission
is prohibited. Reception may be for the benefit of off-site users.
b.
There shall be no more than two satellite antennas per lot.
c.
Installation may be either on the roof or on the ground. In both
cases, the installation shall be adequately screened to minimize visibility
from adjacent properties. If ground-mounted, the apparatus shall not
be located in any front yard or side yard and shall not exceed the
height of the principal building located on the lot. The permit application
shall be accompanied by a screening plan and, for roof-mounted antennas,
written certification from a structural professional engineer that
the installation will be resistant to a one-hundred-forty-mile-per-hour
wind.
d.
The height of the apparatus (including antenna supports) shall not
exceed 20 feet. The surface area of the reflective dish shall not
exceed 200 square feet, and the diameter of the reflective dish shall
not exceed 16 feet.
(3)
Conditional uses.
b.
Residential multifamily and single-family attached dwellings, subject
to the limitations set forth in the R-M District.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Lot area
|
15,000 square feet
| |
|
Lot width
|
100 feet
| |
|
Front yard setback
|
15 feet, except as hereinafter set forth
| |
|
Side yard width
|
10 feet
| |
|
Rear yard depth
|
20 feet, except as hereinafter set forth
|
b.
Maximums.
|
Building coverage
|
30%
| |
|
Lot coverage
|
65%
| |
|
Building height, principal building
|
44 feet
| |
|
Building height, accessory building
|
15 feet
|
(5)
Other provisions and requirements.
c.
The minimum front yard setback for a building up to 35 feet in height
shall be 2/3 of the height of the building, to the nearest foot. For
a building greater than 35 feet in height, the minimum front yard
setback shall be 23 feet plus one foot for each foot or fraction thereof
of building height in excess of 35 feet. In no case, however, shall
the front building line be closer to the street line than the average
of existing front yard setbacks along the same side of the street
to the nearest intersections.
d.
The minimum rear yard depth shall also correlate to the height of
the building, in the same proportions as set forth above for front
yard setback.
e.
If the subject property abuts a residential district, a buffer and screening shall be required, in accordance with Section 33-15(s).
f.
A minimum of 20% of the lot area shall be landscaped.
(e)
L-I Light Industry District.
(2)
Permitted accessory uses. Uses customarily incidental to the permitted
principal uses, including satellite antennas, subject to the following
conditions:
a.
Satellite antennas shall be used for receiving signals only; transmission
is prohibited. Reception may be for the benefit of off-site users.
b.
There shall be no more than two satellite antennas per lot.
c.
Installation may be either on the roof or on the ground. In both
cases, the installation shall be adequately screened to minimize visibility
from adjacent properties. If ground-mounted, the apparatus shall not
be located in any front yard or side yard and shall not exceed the
height of the principal building located on the lot. The permit application
shall be accompanied by a screening plan and, for roof-mounted antennas,
written certification from a structural professional engineer that
the installation will be resistant to a one-hundred-mile-per-hour
wind.
d.
The height of the apparatus (including antenna supports) shall not
exceed 20 feet. The surface area of the reflective dish shall not
exceed 200 square feet, and the diameter of the reflective dish shall
not exceed 16 feet.
(3)
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Lot area
|
15,000 square feet
| |
|
Lot width
|
100 feet
| |
|
Front yard setback
|
20 feet, except as hereinafter set forth
| |
|
Side yard width
|
6 feet
| |
|
Side yard width, combined
|
30 feet
| |
|
Rear yard depth
|
20 feet
|
b.
Maximums.
|
Building coverage
|
30%
| |
|
Lot coverage
|
70%
| |
|
Building height, principal building
|
44 feet
| |
|
Building height, accessory building
|
15 feet
|
(5)
Other provisions and requirements.
c.
All permitted commercial and industrial activities and processes shall take place within an enclosed building, except that receiving and shipping may be conducted from an unenclosed loading dock or platform. Incidental storage out-of-doors shall be buffered and screened from public streets and adjacent residential districts, if any, in accordance with the standards and specifications of Section 33-15(s).
d.
The minimum front yard setback for a building up to 35 feet in height
shall be 2/3 of the height of the building, to the nearest foot. For
a building greater than 35 feet in height, the minimum front yard
setback shall be 23 feet plus one foot for each foot or fraction thereof
of building height in excess of 35 feet. In no case, however, shall
the front building line be closer to the street line than the average
of existing front yard setbacks along the same side of the street
to the nearest intersections.
(f)
U University District.
(1)
Permitted principal uses. Colleges, universities and other institutions
of higher learning giving regular instruction at least five days a
week for eight or more months of the year.
(2)
Permitted accessory uses. Uses customarily incidental to the permitted
principal uses, including dormitories, athletic fields and libraries.
(5)
Other provisions and requirements.
(g)
H Hospital District.
(1)
Permitted principal uses. Hospitals.
(2)
Permitted accessory uses. Hospital-related facilities, including
chapels, training schools for professional personnel and trainees,
but excluding institutions exclusively for mental patients or drug
addicts and excluding medical and dental offices or clinics which
are operated, in whole or in part, for profit by medical or dental
practitioners.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Lot area
|
15 contiguous acres
| |
|
Distance between any building and any single-family dwelling
|
100 feet
| |
|
Setback from any property line and any street line, from which
parking shall be excluded
|
70 feet
|
b.
Maximums.
|
Building coverage
|
35%
| |
|
Lot coverage
|
70%
| |
|
Building height
|
95 feet from the elevation at the intersection of Teaneck Road
and Vandelinda Avenue, which is 33.67 feet above mean sea level based
on the United States Coast and Geodetic Survey, or 44 feet from the
average level of the finished grade along the wall or walls of the
subject building, whichever is less
|
(5)
Other provisions and requirements.
a.
Signs. Except as otherwise set forth herein, signs shall be governed in accordance with the provisions of Section 33-18(c) of this chapter. Notwithstanding the foregoing restriction, the following signs shall be permitted, subject to the terms and conditions hereinafter contained:
1.
Freestanding illuminated digital display ground signs, subject
to the following terms and conditions:
[i]
Maximum height of freestanding ground sign structure above grade:
120 inches.
[ii]
Maximum length of freestanding ground sign structure:
180 inches.
[iii]
Maximum area of freestanding ground sign: 150
square feet.
[iv]
Maximum height of illuminated digital display
sign: 60 inches, per side, double-sided.
[v]
Maximum length of illuminated digital display sign: 108 inches
per side, double-sided.
[vi]
Maximum area of illuminated digital display sign:
45 square feet, per side, double-sided.
[vii]
Maximum height of fixed lettering: 10 inches.
[viii]
No freestanding illuminated digital display
ground sign shall be located within 20 feet of the boundary line of
the property where it adjoins a public street or within 20 feet of
a public or private off-street parking area or interior driveway or
within 50 feet of the boundary of a residential district.
[ix]
No more than one freestanding illuminated digital
display ground sign shall be permitted on any premises.
[x]
A freestanding illuminated digital display ground sign shall
be used for the following purposes only:
[a]
To identify the premises, occupant or owner of
the premises.
[b]
To identify the trade, business, industry or profession
being conducted on the premises. Personal logos, not used to advertise
a product, are permissible.
[c]
To display services, programs and events offered
by the business on the premises and public service announcements.
Off-premises advertising is specifically prohibited.
[xi]
All messages shall be nonflashing except for an
emergency public service notification.
(h)
RR-M Redevelopment Residential Multifamily District.
(1)
Permitted principal uses: planned unit residential development.
(2)
Permitted accessory uses.
a.
Swimming pool or pools plus structures incidental to swimming pool
use for the use of the residents of the dwelling units and their guests
and not for commercial purposes.
b.
Off-street parking facilities and/or spaces for the use of residents,
their guests and employees.
c.
Off-street loading facilities serving the permitted use.
d.
Children's playgrounds, sauna and exercise rooms, boathouses,
landings and docks and recreational uses and structures, for the use
of the residents of the dwelling units and their guests and not for
commercial purposes.
f.
Open or enclosed pedestrian walkways and bikeways, parks, reflecting
pools, fountains and other landscape architecture.
g.
Exterior signs, in accordance with the following regulations:
1.
One nonilluminated residential nameplate sign for each dwelling
unit situated within the property lines, and not exceeding 72 square
inches in area on any one side and not posted higher than four feet
above finished grade.
2.
One sign for each accessory use displaying the name and function
thereof, not to exceed 10 square feet in area on any one side. The
area of the sign may be increased one square foot for every two feet
that the sign is set back from the street line, but in no case shall
the area of the sign exceed 50 square feet on any one side. Any sign
attached to a wall of a building shall be flat against the wall and
shall not project more than 12 inches from the wall nor project beyond
the end or above the roof of the building.
3.
Freestanding or building-mounted nonilluminated signs to control
the movement of traffic on the premises or to give directions to uses
in the RR-M, RC-1, RC-2 and RC-3 Districts. These signs shall provide
traffic directions only and shall not be used for advertising purposes.
They shall not exceed the height of four feet when building-mounted
or four feet above finished grade when freestanding. The area of the
sign shall not exceed four square feet on each of two sides.
4.
Any illuminated signs shall be shielded so as to prevent glare,
and no sign shall be illuminated by lighting of intermittent or varying
intensity, nor shall any sign be of any color light other than white.
No sign shall be moving or animated.
5.
In addition to the above, all signs shall be of a design, character
and placement approved by the Planning Board pursuant to a site plan
review.
h.
Common open space, provided that the maintenance of such common open
space shall be subject to such regulations as the Planning Board may
impose in connection with a site plan review.
i.
Satellite antennas, subject to the following conditions:
1.
The satellite antenna shall be used for receiving signals only;
transmission is prohibited. The installation shall be for the benefit
of on-site residents and not for the benefit of off-site users.
2.
There shall be no more than one satellite antenna per residential
structure, regardless of the number of dwelling units in the structure.
3.
Installation may be either on the roof or on the ground. In
both cases, the installation shall be adequately screened to minimize
visibility from adjacent properties. If ground-mounted, the apparatus
shall not be located in any front yard or side yard and shall not
exceed the height of the principal building located on the lot. The
permit application shall be accompanied by a screening plan and, for
roof-mounted antennas, written certification from a structural professional
engineer that the installation will be resistant to a one-hundred-mile-per-hour
wind.
4.
The height of the apparatus (including antenna supports) shall
not exceed nine feet. The surface area of the reflective dish shall
not exceed 50 square feet, and the diameter of the reflective dish
shall not exceed eight feet.
(3)
Conditional uses.
b.
Multifamily dwellings containing independent apartment units and/or
assisted living units as hereinafter defined, together with accessory
uses necessary for the operation of the facility or for the benefit
or the convenience of the residents and their guests, including, but
not limited to, kitchen and dining facilities, living rooms, places
of worship, indoor and outdoor recreational uses, retail and banking
facilities, beauty salons and barbershops, gift shops, classrooms,
exercise facilities, security facilities, conference rooms, common
areas, guests rooms, administration offices, medical offices, clinics,
therapy uses, bathing areas, postal center, pharmacy, maintenance
facilities, craft and music rooms, library and television rooms and
heating and cooling equipment structures, provided that any such accessory
uses are for the primary benefit of the residents of such development,
subject to the following conditions:
1.
Maximum building height: four stories and 60 feet above mean
sea level, measured from mean sea level to the eave line or, if the
roof is flat, to the roof line, or 45 feet above average grade from
the average grade along the perimeter of the entire building to the
eave line or, if the roof is flat, to the roof line, whichever is
less.
2.
Maximum gross density: 28 units per acre.
3.
Minimum number of parking spaces: .65 parking spaces per unit,
rounded to the next highest parking space.
4.
Minimum lot size: six acres.
5.
Maximum building coverage: 20% of lot area.
6.
Maximum zone district coverage: 50%.
7.
Minimum open space: 50%.
8.
Maximum floor area ratio (ratio of total floor area of all floors
of a building to total square footage of lot): 65%.
9.
Minimum living area: independent apartment units, 500 square
feet; assisted living units, 300 square feet.
10.
Minimum building setbacks from a public right-of-way, 25 feet;
from any premises zoned for single-family residential use, 50 feet,
from any property zoned for multifamily use, 20 feet; from any premises
used as park land, 20 feet.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Open space (hereinafter defined)
|
40% of the RR-M District
| |
|
Off-street parking
|
2 spaces for each dwelling unit, at least 1 of which shall be
a private garage
| |
|
Building setbacks
|
50 feet, except as follows:
|
1.
If the zone boundary abuts dedicated parklands, the minimum
distance between any structure and any boundary of the RR-M District
shall be 15 feet; or
2.
If the zone boundary abuts a dedicated street, the minimum distance
between any structure and any boundary of the RR-M District shall
be 25 feet; or
3.
If the Planning Board determines in connection with site plan
review that such distances are not required because of the buffer
to be provided or because the subject buildings have a functional
or aesthetic relationship which justifies the lack of adequate light
and air exposures.
b.
Maximums.
|
Zone district coverage (hereinafter defined)
|
60% of the RR-M District
| |
|
Gross density (hereinafter defined)
|
15 dwelling units per acre
| |
|
Building height
|
55 feet above sea level and 3 1/2 stories, measured from
sea level to the eve line or, if the roof is flat, to the roofline.
Any space between the eve line and the ridge line shall be 1/2 story.
|
(5)
Other provisions and requirements.
a.
As used herein, "open space" shall mean land not occupied by structures,
loading spaces, parking spaces, driveways and roadways. Land occupied
by sidewalks, open or enclosed walkways, fountains, atriums, reflecting
pools and landscaping shall be deemed to be "open space."
|
As used herein, "zone district coverage" shall mean that percentage
of the district covered by structures, loading spaces, parking spaces,
driveways and streets.
| |
|
As used herein, "gross density" shall be computed by dividing
the total number of dwelling units in the zone district by the total
land area, in acres. Said land area shall include both open space
and land occupied by buildings, structures, loading and parking spaces,
walkways, driveways and roadways.
| |
|
As used herein, an "independent apartment unit" shall mean a
dwelling unit containing a living area, bedroom area(s), a kitchen
area and bathroom(s), including studio-style apartments, that provides
a residential living environment for persons over the age of 60 in
a manner in which they may live independently while receiving one
of more meals per day in a congregate setting. As used herein, an
"assisted-living unit" shall be a dwelling unit licensed by the New
Jersey Department of Health pursuant to N.J.A.C. 8:36-1 et seq., that
provides a residential living environment accompanied by congregate
meals, housekeeping and personal services for persons aged 60 or older
who have temporary or periodic difficulties with one or more essential
activities of daily living such as feeding, bathing, dressing or mobility.
|
b.
Buildings shall be located with sufficient distances between them
or be designed so as to provide adequate light and air exposures.
c.
A residential building shall not contain more than 12 dwelling units.
Each dwelling unit shall have a separate entrance to the outside or
an entrance in common with not more than four other dwelling units.
d.
Exterior loading facilities shall be screened.
(i)
RC-1 Redevelopment Commercial-Office/Retail District.
(1)
Permitted principal uses. Planned commercial development, limited
to the following:
b.
Personal, business, governmental and utility service establishments.
c.
Professional, business, governmental and utility offices.
d.
Banks and other financial institutions.
e.
Business schools.
f.
Theaters.
g.
Medical and dental clinics.
h.
Restaurants, including fast-food restaurants, and other places serving
food and drink.
(2)
Permitted accessory uses.
a.
Off-street parking facilities and/or spaces for the use of owners,
tenants, patrons and employees of a principal use.
b.
Off-street loading and unloading facilities serving a principal use.
c.
Open or enclosed pedestrian walkways (including elevated walkways),
bikeways, parks, reflecting pools, fountains and other landscape architecture.
d.
Swimming pools, tennis courts and other recreational facilities enclosed
within or on a building.
e.
Exterior signs, in accordance with the following regulations:
1.
Signs must relate to the uses being conducted on the premises.
2.
One sign placed or inscribed upon any facade of a building for
each permitted use or activity which occurs therein. The sign may
be illuminated but shall not be of the flashing or animated type and
shall not project more than 12 inches in front of the facade nor extend
beyond the top or the end of the facade. The sign shall not exceed
an area of two square feet for each foot in width of the front of
the building or portion thereof devoted to such use or activity.
3.
One nonilluminated, temporary sign pertaining to the lease or
sale of the same lot or building upon which it is placed, situated
within the property lines of the premises to which it relates and
not exceeding the area of the permanent sign permitted under Subsection
(i)(2)e2 hereinabove. This sign must be removed from the premises
within two days after the property is leased or sold.
4.
Freestanding or building-mounted illuminated signs to control
the movement of traffic on the premises or to give directions to uses
in the RR-M, RC-1, RC-2 and RC-3 Districts. These signs shall provide
traffic directions only and shall not be used for advertising purposes.
They shall not exceed the height of six feet when building-mounted
or six feet above finished grade when freestanding. The sign shall
not exceed an area of four square feet on each of two sides.
5.
Any illuminated signs shall be shielded so as to prevent glare,
and no sign shall be illuminated by lighting of intermittent or varying
intensity, nor shall any sign be of any color light other than red,
white or blue. No sign shall be moving or animated.
6.
In addition to the above, all signs shall be of a design, character
and placement approved by the Planning Board, pursuant to a site plan
review.
(3)
Conditional uses.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Type
|
Minimum Requirement
| |
|---|---|---|
|
Open space (as defined in RR-M District Regulations)
|
15% of the RC-1 District; provided, however, that so long as
the total open space in the RC-1, RC-2 and RC-3 Districts is 15% or
greater, then less than 15% shall be permitted in the RC-1 District
| |
|
Off-street parking
|
3.3 spaces per 1,000 square feet of gross floor area of office
space or retail sales space, except that 1 space shall be provided
for each 5 seats in a theater
| |
|
Distances between buildings
|
No portion of any building having a height in excess of 60 feet
above sea level shall be located closer than 60 feet to any other
building having a height in excess of 60 feet above sea level, and
the vertical center line of the face of any such building shall be
no less than 120 feet from the vertical face of any other such building
| |
|
Building setback
|
300 feet from the northerly right-of-way line of DeGraw Avenue,
120 feet from the easterly boundary line of the RC-1 District and
200 feet from the northerly boundary line of the RC-1 District, except
that if a landscaped strip at least 15 feet wide is provided around
a parking structure and planted in a manner satisfactory to the approving
authority, a one-level accessory parking structure shall be located
no less than 50 feet from any residential zone, and each additional
level shall require an additional 25 feet of setback, except that
this setback shall not apply to elevator and stair cores. The foregoing
may be waived or modified by the approving authority if a satisfactory
natural or artificial screen of the parking structure can be created
or is existing
| |
|
Off-street loading
|
1 space for each 100,000 square feet of gross floor area
|
b.
Maximums.
|
Type
|
Maximum Requirement
| ||
|---|---|---|---|
|
Zone district coverage (as defined in RR-M district regulations)
|
85% of the RC-1 District; provided, however, that so long as
the total zone district coverage in RC-1, RC-2 and RC-3 Districts
is less than 85%, then 85% may be exceeded in the RC-1 District
| ||
|
Building height
|
100 feet above sea level, except where buildings are connected
by an atrium serving as a covered mall and the following conditions
are met:
| ||
|
1.
|
The height shall be no greater than 100 feet above the lobby
floor;
| ||
|
2.
|
No building shall contain more than 6 stories above the lobby;
and
| ||
|
3.
|
The lobby floor elevation shall be no higher than 15 feet above
sea level
| ||
|
Gross floor area
|
510,000 square feet of gross floor area for office use, 60,000
square feet of gross floor area for retail sales use
| ||
(5)
Other provisions and requirements. As used herein and as distinguished
from its general definition elsewhere in this chapter, "gross floor
area" shall mean the sum of the gross horizontal areas of the floor
or several floors of an enclosed building, measured between the inside
face of exterior walls or from the center line of walls separating
two buildings. Any equipment and mechanical areas, accessory building,
basement and cellar, atrium and other pedestrian walkways and garage
space is not to be included in computing gross floor area.
(j)
RC-2 Redevelopment Commercial - Hotel/Motel District.
(2)
Permitted accessory uses.
a.
The same as specified in the RC-1 District as permitted principal
and accessory uses, except that sign regulations shall be as hereinafter
set forth, that satellite antennas may be used for transmitting as
well as receiving signals and that swimming pools, tennis courts and
other recreational facilities may be within, on or outside of a building
if accessory to a hotel or motel.
b.
Convention and conference facilities, meeting rooms and entertainment
facilities.
(3)
Conditional uses: the same as specified in the RC-1 District.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Type
|
Minimum Requirement
| |
|---|---|---|
|
Open space (as defined in RR-M District regulations)
|
The same as specified in the RC-1 District
| |
|
Off-street parking
|
0.7 space per bedroom, plus 150 spaces for accessory uses other
than retail sales space; 3.3 spaces per 1,000 square feet of gross
floor area (as defined in RC-1 District regulations) of retail sales
space
| |
|
Distances between buildings
|
The same as specified in the RC-1 District
| |
|
Building setback
|
150 feet from the northerly right-of-way line of DeGraw Avenue;
150 feet from the westerly right-of-way line of Glenwood Avenue, as
said street lines are laid out on the effective date of this chapter;
vertical circulation elements servicing elevated pedestrian walkways
(e.g., elevator and stair towers) that do not exceed 60 feet above
sea level in height shall be set back a minimum of 10 feet from any
street or property line; the above setback requirements shall not
apply to elevated pedestrian walkways or their supporting columns
| |
|
Off-street loading
|
3 spaces per 300 hotel/motel bedrooms; 1 space per 100 hotel/motel
bedrooms, or part thereof, in excess of the first 300 bedrooms
|
b.
Maximums.
|
Type
|
Maximum Requirement
| |
|---|---|---|
|
Zone district coverage
|
The same as specified in the RC-1 District
| |
|
Building height
|
160 feet above sea level
| |
|
Number of hotel/motel bedrooms
|
350
|
(5)
Other provisions and requirements. Exterior signs shall conform to
the following regulations:
a.
All signs, except directional signs controlled by Subsection (j)(5)d
hereof, must relate to the activity being conducted on the premises.
b.
One sign on each of two facades of the hotel/motel as an architectural
feature of the building, having a height not greater than 10% of the
height of the building or 15 feet, whichever is greater. Such signs
shall contain only the name and/or logo of the hotel/motel, may be
illuminated but shall not be of the flashing or animated type and
shall not project more than 12 inches in front of the facade nor extend
beyond the top or end of the facade.
c.
One sign placed or inscribed upon any facade of a building for each
permitted or accessory use or activity which occurs therein. The sign
may be illuminated but shall not be of the flashing or animated type
and shall not project more than 12 inches in front of the facade nor
extend beyond the top or the end of the facade. The sign shall not
exceed an area of two square feet for each foot in width of the front
of the building or portion there of devoted to such use or activity.
d.
Freestanding or building-mounted illuminated signs to control traffic
on the premises or to give directions to uses in the RR-M, RC-1, RC-2
or RC-3 District. These signs shall provide traffic directions only
and shall not be used for advertising purposes. They shall not exceed
the height of six feet when building-mounted or six feet above finished
grade when freestanding. The area of the sign shall not exceed four
square feet on each of two sides.
e.
Any illuminated signs shall be shielded so as to prevent glare, and
no sign shall be illuminated by lighting of intermittent or varying
intensity, nor shall any sign be of any color light other than red,
white or blue. No sign shall be moving or animated.
f.
In addition to the above, all signs shall be of a design, character
and placement approved by the Planning Board pursuant to site plan
review.
(k)
RC-3 Redevelopment Commercial - Hotel Accessory District.
(1)
Permitted principal uses: the same principal uses and accessory uses
as specified in the RC-1 and RC-2 Districts as permitted principal
or accessory uses, excluding freestanding fast-food restaurants. The
air rights above a public street shall be limited to pedestrian circulation
(e.g., elevated pedestrian walkways).
(2)
Permitted accessory uses: not applicable.
(3)
Conditional uses: the same as specified in the RC-1 District.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Type
|
Minimum Requirement
| |
|---|---|---|
|
Open space (as defined in RR-M District regulations)
|
The same as specified in the RC-1 District
| |
|
Off-street parking
|
3.3 spaces per 1,000 square feet of gross floor area (as defined
in the RC-1 District regulations) of retail sales space; all other
uses, as set forth in the RC-1 and RC-2 District regulations; with
the exception of garage openings, service access and mechanical areas,
parkin g areas located within the footprint of buildings shall be
enclosed and clad in a manner similar to the remainder of the building;
landscaped buffer areas shall be provided adjacent to outdoor parking
areas
| |
|
Distances between buildings
|
The same as specified in the RC-1 District
| |
|
Building setbacks
|
20 feet from East Oakdene Avenue, 10 feet from Glenwood Avenue
and 15 feet from any other property line; the above setback requirements
shall not apply to elevated pedestrian walkways or their supporting
columns
| |
|
Off-street loading
|
The same as specified in the RC-1 District
| |
|
Height of an elevated pedestrian walkway above a public or private
street
|
In accordance with the requirements of the New Jersey Department
of Transportation
|
b.
Maximums.
[Amended by Ord. No. 35-2014, 11-12-2014]
|
Type
|
Maximum Requirement
| |
|---|---|---|
|
Zone district coverage
|
The same as specified in the RC-1 District
| |
|
Building height
|
160 feet above sea level
| |
|
Height of elevated pedestrian walkway
|
60 feet above sea level
|
(5)
Other provisions and requirements. Exterior signs shall conform to
the following requirements:
a.
Signs must relate to the activity being conducted in the RR-M, RC-1,
RC-2 or RC-3 District.
b.
One sign placed or inscribed upon any facade of a building for each
permitted use or activity which occurs therein. The sign may be illuminated
but shall not be of the flashing or animated type and shall not project
more than 12 inches in front of the facade nor extend beyond the top
or end of the facade. The sign shall not exceed an area of two square
feet for each foot in width of the facade upon which it is mounted
or portion thereof devoted to such use or activity. A sign identifying
the address of the building upon which it is located shall not be
considered a "sign" for the purposes of this section.
c.
One exterior illuminated temporary sign pertaining to the lease or
sale of the redevelopment project or any part thereof situated within
the property lines of the RC-3 District and not exceeding 1,000 square
feet in area on any one side. This sign must be removed from the premises
within 30 days after the property to which the sign pertains is leased
or sold.
d.
One exterior illuminated permanent sign pertaining to the activities
conducted in the redevelopment project or any part thereof situated
within the property lines of the RC-3 District and not exceeding 500
square feet in area on any one side. This sign can be erected only
when the temporary sign permitted by Subsection (k)(5)c has been removed.
e.
Freestanding or building-mounted illuminated signs to control traffic
on the premises or to give directions to uses in the RR-M, RC-1, RC-2
or RC-3 District. These signs shall provide traffic direction only
and shall not be used for advertising purposes. They shall not exceed
the height of six feet when building-mounted or six feet above finished
grade when freestanding. The area of the sign shall not exceed four
square feet on each of two sides.
f.
Freestanding signs necessary to control the movement of traffic on
the premises may be erected. These signs shall provide traffic directions
only and shall not be used for any advertising purpose. They shall
not exceed a height of six feet nor an area of four square feet on
each of two sides.
g.
Any illuminated signs shall be shielded so as to prevent glare, and
no sign shall be illuminated by lighting of intermittent or varying
intensity nor shall any sign be of any color light other than red,
white or blue. No sign shall be moving or animated.
h.
In addition to the above, all signs shall be of a design, character
and placement approved by the approving authority pursuant to a site
plan review.
(l)
Mixed Use Commercial Zone District.
(1)
Permitted principal uses. The same as specified in the B-1 District
and the B-2 District as permitted principal uses, and single-family
and multifamily residential uses above the ground floor story.
(2)
Permitted accessory uses. Uses customarily incidental to the permitted
principal uses.
(3)
Conditional uses. The same as specified in the B-1 District and the
B-2 District, except that single-family and multifamily residential
uses above the ground floor story are permitted, not conditional,
uses.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Lot area
|
None
| |
|
Lot width
|
None
| |
|
Front yard setback
|
The average of existing setbacks along the same side of the
street to the nearest intersections
| |
|
Side yard width
|
None
| |
|
Rear yard depth
|
None, except as hereinafter set forth for properties abutting
residential districts
|
b.
Maximums.
|
Building coverage
|
None
| ||
|
Lot coverage
|
None
| ||
|
Building height:
| |||
|
Principal building
|
35 feet
| ||
|
Accessory building
|
15 feet
| ||
(5)
Other provisions and requirements.
(m)
B-R Special Business -- Residential District.
(1)
Permitted principal uses. The following principal uses shall be permitted
in the B-R Zoning District:
a.
Single-family dwellings, detached;
b.
Single-family dwellings, attached;
c.
Two-family dwellings;
e.
Offices and business schools; provided, however, that said uses shall
not be permitted on the first floor along the Teaneck Road frontage;
f.
Restaurants, with the exception of fast-food drive-through restaurants;
g.
Funeral homes;
h.
Theaters and assembly halls;
j.
Public and private schools serving grades K-12; child-care centers and nursery schools, subject to the conditional uses provided by Section 33-25 of this chapter;
k.
Financial institutions.
(2)
Permitted accessory uses: uses customarily incidental to permitted
principal uses.
(3)
(4)
Prohibited uses as identified within Section 33-26 of this chapter as well as the following:
a.
Fast-food drive-through restaurants;
b.
Fortune-tellers and palm readers;
c.
Amusement centers and bowling alleys;
d.
Adult bookstores, tattoo parlors, massage parlors;
e.
Out-patient treatment and/or rehabilitation centers for alcoholics,
drug abusers, sex offenders, the mentally ill and parolees from federal,
state, county or municipal penal institutions or juvenile detention
centers and facilities;
f.
Bail bondsman, pawnshops;
g.
Businesses engaged in bill paying and/or check cashing as either
their principal or ancillary business;
h.
Car washes, tire distribution centers, auto body shops, and commercial
automobile service centers whose primary or ancillary business is
not the sale and refueling of gasoline for automotive use;
i.
Retail sale of alcoholic beverages under a plenary retail distribution
license;
j.
Bars, taverns, lounges, clubs operating for the sale of alcoholic
beverages where the preparation and consumption of food is not the
primary business;
k.
Wireless communication towers;
l.
Stand-alone public parking decks/garages; underground parking garages;
m.
Motels and/or hotels; and
n.
Mixed-use development containing retail/office and residential uses.
(5)
Dimensional, density and other bulk restrictions.
a.
Single-family detached dwellings: as set forth in the R-S Residential
Single-Family Detached District.
b.
Single-family attached and two-family dwellings: as set forth in
the R-M Residential Multifamily District.
c.
Office/Business/Retail/Mixed Use:
|
Front yard setback (minimum)
|
The average of existing setbacks along the same side of the
street between the nearest intersections
| |
|
Building coverage (maximum)
|
25% unless off-street parking is not required under Section
33-28(b)1, in which case maximum building coverage shall be 80%
| |
|
Lot coverage (maximum)
|
80% unless off-street parking is not required under Section
33-28(b)1, in which case maximum lot coverage shall be 100%
| |
|
Building height, principal building (maximum)
|
24 feet and two stories;
| |
|
Building height, accessory building (maximum)
|
15 feet
| |
|
Lot area (minimum)
|
None
| |
|
Lot width (minimum)
|
None
| |
|
Side yard width (minimum)
|
None
| |
|
Rear yard depth (minimum)
|
20 feet
|
(6)
Other provisions and requirements.
(n)
P Public Land District.
(1)
Purpose. The purpose of this district is to restrict development
on public lands which are in use as schools, administrative facilities,
parking lots, libraries and other public buildings and structures.
(2)
Permitted principal uses.
a.
Public schools.
b.
Administrative facilities.
c.
Parking lots.
d.
Libraries.
e.
Recreational facilities.
f.
Wireless communications towers and antennas, subject to the provisions of Section 33-25 of this chapter, except on property used for private or public school purposes.
g.
Other public buildings and structures.
(3)
Permitted accessory uses: uses customarily incidental to the permitted
principal uses.
(4)
Conditional uses: none.
(5)
Dimensional, density and other bulk restrictions: none.
(6)
Other provisions and requirements: none.
(o)
Senior Citizen Housing District - R-SCH.
(1)
Zoning regulations,
a.
Minimum lot size, area and dimensions.
|
Minimum lot area
|
5 acres
| |
|
Minimum frontage
|
150 feet
| |
|
Minimum depth
|
200 feet
|
b.
Minimum yard depths.
|
Front
|
25 feet
| |
|
Side (one)
|
25 feet
| |
|
Side (both)
|
50 feet
| |
|
Rear
|
25 feet
|
c.
Maximum building and structure height.
|
Principal and attached accessory building
|
2 stories, 35 feet
| |
|
Detached accessory buildings
|
1 story, 10 feet
|
d.
Minimum height, principal building: 1 story, 17 feet.
e.
Maximum allowable lot coverage: 30%.
f.
Minimum gross floor area.
|
1 bedroom
|
500 square feet
| |
|
2 bedrooms
|
550 square feet
|
(2)
Permitted use: garden apartment housing especially designed and constructed
for the use of senior citizens, persons with disabilities and their
families. For the purposes hereof, this shall include families in
which the head of the household or his or her spouse is a senior citizen
or an individual with disabilities, as well as single senior citizens
and individuals with disabilities.
(3)
Permitted accessory uses. Accessory buildings and uses customarily
incidental to the permitted use, and necessary or appropriate for
the benefit and well-being of the residents, including recreational
and cultural facilities and community cooking facilities sufficient
in size and scope to adequately provide for residents and their guests.
(4)
Parking. Parking spaces shall be provided in a ratio of 0.4 space
for the first bedroom and 0.4 space for each additional bedroom of
each dwelling unit, conveniently located with respect to dwelling
units.
(5)
Other provisions and requirements. All design and development shall
comply with applicable minimum standards as promulgated by the United
States Department of Housing and Urban Development, or any successor
agency, as well as with the rules and regulations set by any agency
or agencies of the State of New Jersey having jurisdiction thereof.
(6)
Dwelling requirements. At least 51% of the length of the roof ridge
must have at least a twenty-two-foot height above the average ground
level on three sides of the building, with a minimum height of 17
feet above the average ground level.
(7)
Density requirements. The total number of dwelling units shall not
exceed 21 per acre.
(p)
R-TH Residential Townhouse District.
(2)
Permitted accessory uses:
a.
Open space and accessory recreational structures for the use of residents
and their guests only, meeting the same requirements as those in the
R-S Zone.
(3)
Conditional uses: none.
(4)
Dimensional, density and other bulk restrictions.
b.
Maximums:
1.
Density: eight units per acre.
3.
Height: 35 feet or three stories, whichever is lesser, measured
from the lowest grade to the midpoint of any sloping roof with a pitch
of at least 6 on 12, or to the top of the roof in all other cases.
4.
Number of dwelling units per structure: six.
5.
No building shall exceed a length of 170 feet.
6.
No building shall contain more than two dwelling units in a
straight unbroken row, and the exterior wall of each such building
shall include a setback or break with a depth of not less than four
feet after every two dwelling units.
(5)
Other provisions and requirements.
a.
Off-street parking. Off-street parking shall be provided in accordance
with the requirements of New Jersey's Residential Site Improvement
Standards.
b.
Inclusionary affordable housing and in-lieu contributions.
1.
For each eight market-rate units provided, one affordable housing
unit, as said term is defined under FHA and COAH rules, shall be provided
within the development and, from the exterior, shall be no different
in appearance than a market-rate unit.
2.
Such units shall meet the affordability requirements per COAH's
rules and policies, including, but not limited to, phasing, bedroom
distribution, controls on affordability, range of affordability, affirmative
marketing, and income qualification.
3.
Where the number of units provided within the development is
not equal to eight or a number divisible by eight, the following shall
apply:
[i]
When a project provides a minimum of five units or, after dividing
the total number of units by eight, leaves a remainder of five or
more units, an additional inclusionary affordable housing unit shall
be provided. In the case where the number of units is four or less,
or if the total number of units divided by eight leaves a remainder
of four or less, a pro-rata contribution in lieu of providing such
a unit shall be paid into the Township's Affordable Housing Trust
Fund, for the purposes of providing affordable housing either elsewhere
in Teaneck or for other affordable housing purposes.
(6)
Design guidelines. The design of all townhouse developments in the
R-TH District shall adhere to the residential design guidelines as
hereinbelow set forth:
a.
Entries.
1.
Elevation. The primary entry and first floor of living space
is encouraged to be elevated at least 24 inches above grade by use
of a base foundation, or a basement level.
2.
Articulation.
[i]
The primary entry to a dwelling should be emphasized through
stairs and a porch, crown, overhang, projecting bay, or other element
that provides shelter at the doorway. Unadorned entries that are flush
and "punched out" of the facade are discouraged. Examples of methods
to highlight an entry are:
[a]
Doorway in bay projecting at least three feet from
the primary facade plane with a prominent cross gable, usually steeply
pitched.
[b]
Doorway accentuated by a stoop with decorative
crown surrounded by pilasters, or extended forward and supported by
slender columns to form a modest entry porch.
[c]
Doorway accentuated by a wide front porch extending
at least halfway across the front facade width.
[ii]
Standalone full-height columns flanking an entry
are only appropriate in combination with symmetrical facade design,
vertically proportioned windows with shutters, and an entry porch
spanning the full height and/or the full width of the building. Such
columns should not be of brick.
3.
Pattern and glazing.
[i]
The number and spacing of columns, pilasters, fanlights, or
sidelights framing front doors should be symmetrical, placed evenly
on both sides of door.
[ii]
Front doors should be paneled, with or without
glazing.
[iii]
Front doors should be single. Double or French-door
style front doors are strongly discouraged.
b.
Windows.
1.
Proportions.
[i]
Each window should be rectangular and vertically proportioned
(height greater than width), and double-hung.
[ii]
Palladian windows, rounded top windows, or round-top
arches over windows are permitted only if the entire window is contained
within one story. Such windows may not project into the eave or cornice
line of the roof, or into the floors above.
[iii]
Horizontally proportioned windows are discouraged.
To create a wider expanse of windows, vertically proportioned windows
may be paired or tripled side-by-side, but only with a dividing structural
member between each window.
2.
Articulation.
[i]
If shutters are used, they should be of correct width to cover
the window if closed. Shutters should not be used for paired or tripled
window clusters.
[ii]
Windows with multipane glazing are encouraged,
but only with true divided panes with mullions and muntins that cast
a shadow on the glass. Panes may be either on both the top and bottom
half, or just on the top half of window.
[iii]
Single-pane or plate glass picture windows are
strongly discouraged.
3.
Placement and spacing.
[i]
The pattern of windows should be symmetrically spaced on the
front facade of the building and any street-facing elevations, not
randomly placed.
[ii]
Windows on upper and lower stories should be vertically
aligned atop each other and should not be staggered or randomly placed.
[iii]
Window placement may be more random on the interior
of the lot, that is, not facing the street or adjacent property, and
at rear of buildings.
[iv]
Windows should not project above the cornice line
of each story or into the gabled roof line. An extension of windows
into the floor above, mimicking a dormer window, is strongly discouraged
because this implies one tall loft-style floor rather than a separate
floor or attic space. Distinct dormer windows that suggest a separate
(typically third) floor are encouraged.
c.
Materials.
1.
Finished materials should extend around all sides of the relevant
element of a building. Applications such as a short return around
corners give the appearance of pasted-on veneer and shall be avoided.
For example, a brick veneer should not be pasted onto a building with
wood sides.
2.
A change in materials should be used to reflect or highlight
different massing elements; for example, a projection or a cross-gabled
bay may have a different material. Materials should not change between
floors without an intervening cornice, belt course, projecting eave,
or porch.
3.
Preferred primary building facing materials are dark red brick,
wood stick, and stucco.
4.
Stonework should only be used in limited quantities to highlight
building bases or entries, and should appear to be load-bearing.
5.
EIFS material is strongly discouraged.
6.
No more than two primary materials should be used per building.
7.
For brick facades, decorative or varied brickwork around entries
and windows is encouraged.
8.
Sheets or panels of brick or stone facing should have carefully
grooved seams to avoid obvious seams and a pasted-on appearance.
d.
Roof lines.
1.
Cross-gabled, center gable, and hipped roofs are encouraged.
2.
The slope of pitched portions of gabled, gambrel, or hipped
roofs should be between 5V:12H and 12V:12H.
3.
If street-facing building mass is more than 50 feet wide, the
roof line shall be broken up using cross gables, a hipped roof, and/or
dormer windows.
e.
Chimneys. No exterior chimneys should be located on the front facade.
Exterior chimneys must be in middle of the side facade, or at the
rear facade.
f.
Garages.
1.
The placement of a garage must be secondary to the building
entry, using one or both of the following two methods:
[i]
The garage entry and any building mass above it shall be recessed
at least three feet from the primary facade plane of the residence
and from primary entry; or
[ii]
The garage entry shall be flush with the primary
facade plane, but recessed at least halfway below grade (that is,
the garage floor shall be at least four feet below grade), with a
sloping driveway.
2.
Rear garages, whether separate or attached, driveway or alley-accessed,
are encouraged.
3.
Side-loading garages (which do not face the street) are also
encouraged, provided they meet the placement requirements described
above.
4.
Each garage bay shall not exceed 11 feet in width, and garage
doors may not exceed 10 feet in width.
5.
Each garage bay shall have its own door and doorway; double-wide
garage doors are strongly discouraged.
6.
Garage doors should be paneled, with or without glazing. Stable-style
side-hinged doors and glazing are encouraged.
(q)
MX-1 Mixed Use - 1 District.
(1)
Permitted principal uses. The MX Zoning District is intended to encourage
retail sales and personal services and commercial offices, including
medical offices, oriented to pedestrian access and shopping on the
ground floor and residential uses on the upper floors. The following
principal uses shall be permitted in the MX-1 Zoning District:
[Amended by Ord. No. 30-2013, 10-22-2013]
a.
Retail sales of goods and services, except as specifically prohibited within this section as well as Section 33-26 of this chapter;
b.
Offices, including medical offices, financial institutions and business
schools;
c.
Restaurants, with the exception of fast-food, drive-through restaurants;
d.
Theaters, assembly halls and bowling alleys;
e.
Apartments over commercial uses, provided said uses shall not be
located on the first floor along Cedar Lane frontage; and
f.
Off-street parking facilities; provided, however, that said uses
shall not be permitted to have frontage on Cedar Lane.
(2)
Permitted accessory uses: uses customarily incidental to permitted
principal uses.
(5)
Dimensional, density and other bulk restrictions.
b.
Maximums:
1.
Front yard setback: zero feet.
2.
Building coverage: 25% unless off-street parking is not required
under Section 33-28(b)1, in which case maximum building coverage shall
be 80%.
3.
Lot coverage: 80% unless off-street parking is not required
under Section 33-28(b)1, in which case maximum lot coverage shall
be 100%.
4.
Building height, principal building: 45 feet and three stories;
where a building or structure is immediately adjacent to a single-family
residential dwelling unit the maximum building height shall not exceed
35 feet and three stories.
5.
Building height, accessory building: 15 feet.
(6)
Other provisions and requirements.
(r)
MX-2 Mixed Use - 2 District.
(1)
Permitted principal uses. The MX Zoning District is intended to encourage
retail sales and personal services oriented to pedestrian shopping
on the ground floor, and other commercial activity and residential
uses on the upper floors. The following principal uses shall be permitted
in the MX - 2 Zoning District:
a.
Retail sales of goods and services except as specifically prohibited within this section as well as Section 33-26 of this chapter;
b.
Offices, financial institutions and business schools; provided, however,
that said uses shall not be permitted on the first floor along the
Queen Anne Road or DeGraw Avenue frontage;
c.
Restaurants, with the exception of fast-food drive-through restaurants;
d.
Theaters, assembly halls and bowling alleys; and
e.
Apartments over commercial uses, provided said uses shall not be
located on the first floor along the Queen Anne Road or DeGraw Avenue
frontage.
(2)
Permitted accessory uses: uses customarily incidental to permitted
principal uses.
(5)
Dimensional, density and other bulk restrictions.
b.
Maximums:
1.
Front yard setback: zero feet.
2.
Building coverage: 25% unless off-street parking is not required
under Section 33-28(b)1, in which case maximum building coverage shall
be 80%.
3.
Lot coverage: 80% unless off-street parking is not required
under Section 33-28(b)1, in which case maximum lot coverage shall
be 100%.
4.
Building height, principal building: 35 feet and three stories.
5.
Building height, accessory building: 15 feet.
(6)
Other provisions and requirements.
(s)
(Reserved)
(t)
MH Medical
and Health Facilities Overlay Zoning District.
(1)
Permitted
principal uses. The following principal uses shall be permitted in
the MH Medical and Health Facilities Overlay Zoning District:
a.
Facilities
for out-patient treatment and care, including urgent medical care.
b.
Medical
support facilities, such as medical laboratories, clinics, surgical
facilities, diagnostic testing, physical therapy and pharmaceutical
facilities.
c.
Offices
for doctors, health care practitioners and administrative offices
related thereto.
d.
Indoor
lifestyle health facilities, health clubs and health and beauty spas.
(3)
Conditional
uses: none.
(4)
Dimensional,
density and other bulk restrictions. Except as otherwise provided
herein, principal and accessory uses permitted within the MH Medical
and Health Facilities Overlay Zoning District shall comply with the
requirements and regulations governing the underlying zoning district.
(u)
Medical Office Residential Overlay District (MOR).
[Added by Ord. No. 4-2013, 4-23-2013]
(1)
Permitted principal uses. The following principal uses shall be permitted
in the Medical Office Residential Overlay District (MOR), in addition
to those permitted in the underlying district:
a.
Medical offices, which may include diagnostic treatment and medical
procedure facilities for private physicians, other health care professionals
and their employees.
b.
Hospital-related uses, including:
1.
Patient rooms, for outpatient treatment and care.
2.
Support facilities, such as medical laboratories, medical clinics,
surgical facilities, diagnostic testing, physical therapy and pharmaceutical
facilities.
3.
Offices for hospital administration and hospital employees.
4.
Medical educational, training and conference facilities.
(3)
Conditional uses: none.
(4)
Dimensional, density and other bulk restrictions.
a.
Minimums:
1.
Lot area: 7,500 square feet.
2.
Lot width: 75 feet.
3.
Front yard setback: 25 feet, or the average of existing setbacks
along the same side of the street within the block of two lots to
the left and two lots to the right of the property proposed to be
developed, whichever is greater. In the event that there are fewer
than two lots to either side of the lot to be developed within the
street block, then a total of four lots along the street block shall
be used in the calculation of the average setback. In the event that
there are fewer than four lots along the street block, then all lots
along the street block shall be used in the calculation of the average
setback.
5.
Side yard width (combined): 30% of lot width.
6.
Rear yard depth: 15 feet.
c.
Other. In all other respects, the requirements for development In
the MOR Medical Office Residential Overlay Zone shall be the same
as those required for the R-S Residential Single-Family Detached District.
(v)
Medical Office Business Overlay District (MOB).
[Added by Ord. No. 4-2013, 4-23-2013]
(1)
Permitted principal uses. The principal uses permitted in this district,
in addition to those permitted in the underlying district, shall be
the same as those permitted in the Medical Office Residential Overlay
District (MOR).
(2)
Permitted accessory uses: the same as the accessory uses permitted
in the Medical Office Residential Overlay District.
(3)
Conditional uses: none.
(4)
Dimensional, density and other bulk restrictions.
b.
c.
Other. In all other respects, the requirements for development in
the Medical Office Building Overlay District (MOB) shall be the same
as those required by the underlying business zone.
(w)
LI-2 Light Industry-2 District.
[Added by Ord. No. 7-2014, 4-29-2014]
(2)
Permitted accessory uses: uses customarily incidental to the permitted
principal uses, including satellite antennas, subject to the following
conditions:
a.
Satellite antennas shall be used for receiving signals only; transmission
is prohibited. Reception may be for the benefit of off-site users.
b.
There shall be no more than two satellite antennas per lot.
c.
Installation may be either on the roof or on the ground. In both
cases, the installation shall be adequately screened to minimize visibility
from adjacent properties. If ground-mounted, the apparatus shall not
be located in any front yard or side yard and shall not exceed the
height of the principal building located on the lot. The permit application
shall be accompanied by a screening plan and, for roof-mounted antennas,
written certification from a structural professional engineer that
the installation will be resistant to a one-hundred-mile-per-hour
wind.
d.
The height of the apparatus (including antenna supports) shall not
exceed 20 feet. The surface area of the reflective dish shall not
exceed 200 square feet, and the diameter of the reflective dish shall
not exceed 16 feet.
(3)
(4)
Dimensional, density and other bulk restrictions.
b.
Maximums:
1.
Building coverage: 30%.
2.
Lot coverage: 70%.
3.
Building height, principal building: 44 feet.
4.
A maximum of 10% of the total building area on the site may
extend to a height of 80 feet, provided that any portion of the building
which exceeds 44 feet in height is set back a minimum distance of
125 feet from any adjoining lot line.
5.
Building height, accessory building: 15 feet.
(5)
Other provisions and requirements.
c.
All permitted commercial and industrial activities and processes shall take place within an enclosed building, except that receiving and shipping may be conducted from an unenclosed loading dock or platform. Incidental storage out-of-doors shall be buffered and screened from public streets and adjacent residential districts, if any, in accordance with the standards and specifications of Section 33-15(s).
d.
The minimum front yard setback for a building up to 35 feet in height
shall be 2/3 of the height of the building, to the nearest foot. For
a building greater than 35 feet in height, the minimum front yard
setback shall be 23 feet plus one foot for each foot or fraction thereof
of building height in excess of 35 feet. In no case, however, shall
the front building line be closer to the street line than the average
of existing front yard setbacks along the same side of the street
to the nearest intersections.
(x)
R-AH Residential-Affordable Housing District.
[Added by Ord. No. 8-2014, 4-29-2014]
(2)
Permitted accessory uses: accessory uses and structures customarily
incidental to the permitted use.
(3)
(4)
Other provisions and requirements:
a.
No less than 20% of the total units shall be set aside for low- and
moderate-income households, with the income and bedroom distribution
in accordance with the Uniform Housing Affordability Controls (N.J.A.C.
5:80-26.1 et seq.).
b.
Off-street parking shall be provided in accordance with the Residential
Site Improvement Standards, except that the Planning Board may grant
a de minimis exception to such standards upon a showing by the applicant
that fewer off-street parking spaces are required to meet the needs
of residents of this development. Such off-street parking may be provided
at grade with residential units on the second, third and fourth floors.
c.
One two-sided monument sign, no greater than six feet in height,
and with a sign face of no greater than 16 square feet, with the name
of the project and the street number displayed, shall be permitted,
provided such sign is set back at least five feet from the front property
line.
d.
A six-foot-high board-on-board fence of wood, simulated wood or PVC
shall be provided along all property lines bounded by residential
development. A four-foot-high board-on-board fence of the same material
and color as the aforementioned six-foot-high fence shall be provided
immediately adjacent to those off-street parking spaces which front
on Teaneck Road or Fort Lee Road.
e.
A double row of evergreen trees shall be planted within 15 feet of
the side yard opposite Fort Lee Road, and within 10 feet of the side
yard opposite Teaneck Road, to further screen the project from the
adjacent properties. Trees shall be a minimum of six feet in height
upon planting and shall be planted 15 feet on center. An outdoor play
area or patio area for sitting shall be provided on site with a minimum
area of 500 square feet. The remainder of the lot which is not covered
by impervious paving shall be attractively landscaped with lawn, shrubs
and trees, including the front yard.
[Ord. No. 1811, § 26; Ord.
No. 1821, §§ 2, 3, 4, 5; Ord. No. 1859, 5-27-1980, § 9; Ord.
No. 1904, 4-7-1981, § 1; Ord. No. 1941, 2-2-1982, § 3; Ord. No, 2019, 1-3-1984, § 1; Ord. No. 2042, 7-9-1984, § 8; Ord.
No. 3498, 5-13-1997, § 11; Ord. No. 3550, 4-7-1998, § 1; Ord.
No. 3623, 2-8-2000, § 2; Ord. No. 3908, 10-6-2005, § 3; Ord.
No. 3953, 7-25-2006, § 1; Ord. No. 4005, 5-8-2007, § 1; Ord.
No. 4015, 8-21-2007, §§ 4,
5]
(a)
Public utility installations. The following specifications and standards
shall apply to the development of a public utility installation in
a district which permits the same as a conditional use:
(1)
A "public utility" shall be those activities and operations enumerated
in N.J.S.A. 48:2-13, under privileges granted by the State of New
Jersey or by any political subdivision thereof. Said public utilities
include but are not necessarily limited to transportation systems,
such as railroad and bus, gas, electric, water and sewer service,
solid waste collection and/or disposal, telephone and telegraph systems
and radio and television transmitting and receiving stations.
(2)
Open storage yards in the L-I District shall be screened.
(3)
The approving authority shall determine that the proposed installation
is necessary and convenient for the efficiency of the public utility
system in the proposed location and that all other alternative locations
have been fully investigated and rejected.
(4)
Any adverse effects to the safety and aesthetics of the surrounding
neighborhood shall be effectively minimized by mechanical devices
and procedures and by sufficient fencing, landscaping and setbacks.
(b)
Child-care centers, public nursery schools and public and private
elementary and secondary schools. The following specifications and
standards shall apply to the development of child-care centers, public
nursery schools and public, parochial and private elementary and secondary
schools in a district which permits the same as a conditional use:
(1)
They shall be certified by the appropriate licensing authority of
the State of New Jersey.
(2)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Lot area
| |||
|
Child-care centers and public nursery schools
|
1/2 acre
| ||
|
Elementary schools
|
5 acres, plus 1 additional acre for each 100 pupils
| ||
|
Secondary schools
|
10 acres, plus 1 additional acre for each 100 pupils
| ||
|
Lot width
| |||
|
Child-care centers and public nursery schools
|
None
| ||
|
Elementary schools
|
150 feet
| ||
|
Secondary schools
|
400 feet
| ||
|
Front yard setback
| |||
|
Child-care centers and public nursery schools
|
25 feet or a distance equal to the height of the building, whichever
is greater
| ||
|
Elementary schools and secondary schools
|
100 feet
| ||
|
Rear yard setback
| |||
|
Child-care centers and public nursery schools
|
25 feet or a distance equal to the height of the building, whichever
is greater
| ||
|
Elementary schools
|
100 feet
| ||
|
Side yard width
| |||
|
Child-care centers and public nursery schools
|
15 feet or a distance equal to 1/2 the height of the building,
whichever is greater, for either side yard, for both side yards of
30 feet or a distance equal to the height of the building, whichever
is greater
| ||
|
Elementary schools and secondary schools
|
100 feet for either side yard, and a combined width for both
side yards of 200 feet
| ||
b.
Maximums.
|
Building coverage:
| |||
|
Child-care centers and public nursery schools
|
30%
| ||
|
Elementary schools
|
35%
| ||
|
Lot coverage:
| |||
|
Child-care centers and public nursery schools
|
60%
| ||
|
Building height:
| |||
|
Child-care centers and public nursery schools
|
35 feet
| ||
(3)
On-tract parking shall be provided in the following ratios:
|
Child-care centers and public nursery schools
|
1 parking space per staff member or employee, plus 3 spaces,
but no less than a total of 5 parking spaces
| |
|
Elementary schools and junior high schools
|
1 parking space per staff member or employee, plus 1 parking
space for each 10 pupils
| |
|
High schools
|
1 parking space per staff member or employee, plus 1 parking
space for each 5 pupils
|
|
The foregoing requirements are deemed to be minimum requirements
and may be increased by the approving authority based upon the unavailability
of public transportation, the distances to be traveled by the student
population and, in the case of high school students, the percentage
of students driving their own motor vehicles.
|
(4)
On-site loading and unloading areas for buses and delivery vehicles
shall be provided no closer than one hundred fifty feet to any intersecting
public street.
(5)
No driveway shall open onto a public street within one hundred fifty
feet of an intersecting public street, measured from the intersection
of the tangents of the adjacent curblines.
(6)
Development shall be barred if any lot line of the proposed development
would be either within a one-thousand-foot linear zone or within a
two-hundred-fifty-foot perimeter zone, in which the lot line of an
existing child-care center, school, house of religious worship, nonprofit
recreational facility, public or private meeting hall or other place
of public assembly is also within said linear zone or perimeter zone.
|
As used herein, "linear zone shall mean both sides of the street
on which the proposed development will front, and, if the street terminates
less than one thousand feet in either direction, then the linear zone
shall include the balance of one thousand feet along the same street
course as if it were extended. If the street right-of-way changes
course and/or becomes another named street, the linear zone shall
continue into the new course or new street for the balance of the
linear distance.
| |
|
As used herein, "perimeter zone" shall mean the area surrounding
the proposed development lot and parallel to the lot lines of the
proposed development.
|
(7)
For a child-care center, a landscaped buffer of not less than 25
feet in width from which parking is excluded shall be provided along
the rear boundary of the property, and a similar buffer of not less
than 15 feet in width, parking excluded, shall be provided along the
side yard boundaries.
(c)
Recreational facilities. The following specifications and standards
shall apply to the development of non-profit recreational facilities
in a district which permits same as a conditional use:
(1)
The term "non-profit recreational facilities" shall mean buildings
and/or vacant lands either owned or operated by a nonprofit membership
organization and used for recreational purposes, such as a swim club,
tennis club, golf club, playground or park.
(2)
No building, structure or active recreational use shall be located
within seventy-five feet of a residential lot line.
(4)
One on-tract parking space shall be provided for every two anticipated
family memberships or for every four anticipated members, whichever
is greater.
(5)
Any adverse effects to the safety and aesthetics of the surrounding
neighborhood shall be effectively mined by the appropriate use of
artificial or natural landscaping, screening and fencing.
(6)
Development shall be barred if any lot line of the proposed development
would be either within a on-thousand-foot linear zone or within a
two-hundred-fifty-foot perimeter zone, in which the lot line of an
existing child-care center, school, house of religious worship, nonprofit
recreational facility, public or private meeting hall or other place
of public assembly is also within said linear zone or perimeter zone.
|
As used herein, "linear zone" shall mean both sides of the street
on which the proposed development will front, and, if the street terminates
less than one thousand feet in either direction, then the linear zone
shall include the balance of one thousand feet along the same street
course as if it were extended. If the street right-of-way changes
course and/or becomes another named street, the linear zone shall
continue into the new course or new street for the balance of the
linear distance.
| |
|
As used herein, "perimeter zone" shall mean the area surrounding
the proposed development lot and parallel to the lot lines of the
proposed development.
|
(7)
No driveway shall open onto a public street within 150 feet of an
intersecting public street, measured from the intersection of the
tangents of the adjacent curblines.
(d)
Houses of religious worship. The following specifications and standards
shall apply to the development of houses of worship in a district
which permits same as a conditional use:
(1)
(Reserved)
(2)
Dimensional, density and other bulk restrictions.
a.
Minimums.
|
Lot area
|
1/2 acre
| |
|
Side yard width
|
15 feet or a distance equal to 1/2 of the height of the building,
whichever is greater
| |
|
Side yard width, combined
|
30 feet or a distance equal to the height of the building, whichever
is greater
| |
|
Front yard setback
|
25 feet or a distance equal to the height of the building, whichever
is greater
| |
|
Rear yard setback
|
25 feet or a distance equal to the height of the building, whichever
is greater
|
b.
Maximums.
|
Building coverage
|
30%
| |
|
Lot coverage
|
60%
| |
|
Building height
|
35 feet
|
(3)
Off-street parking shall be provided as follows: One on-tract parking
space shall be provided for every 100 square feet of public assembly
area up to 3,000 square feet. In excess of 3,000 square feet of public
assembly area, 30 on-tract parking spaces shall be provided, plus
one on-tract parking space for every 200 square feet of public assembly
area in excess of 3,000 square feet of public assembly space.
(4)
No driveway shall open onto a public street within seventy-five feet
of an intersecting public street, measured from the intersection of
the tangents of the adjacent curblines.
(5)
A landscaped buffer of not less than twenty-five feet in width, from
which parking shall be excluded, shall be provided along the rear
boundary of the property, and a similar buffer of not less than fifteen
feet in width, parking excluded, shall be provided along the side
yard boundaries of the property.
(6)
The exterior design of any structure used in connection with such
facility shall conform to the general character of the area.
(e)
Group-care housing. The following specifications and standards shall
apply to the development of group-care housing in a district which
permits same as a conditional use:
(1)
No more than fifteen persons shall be housed in the dwelling, excluding
resident staff.
(2)
Development shall be barred if any lot line of the proposed development
is within 1,500 feet of any lot line of another group-care housing
facility.
(3)
With respect to residences for the developmentally disabled (as defined
in N.J.S.A. 30:11B-2) and mentally ill (as defined in N.J.S.A. 30:4-23),
a conditional use permit may be denied if the number of developmentally
disabled and mentally ill persons resident in existing group care
housing in the Township exceeds fifty persons or five-tenths percent
of the population of the Township, at the time of the application.
(4)
In the case of group-care housing for the elderly, such residence
shall be sponsored by a nonprofit private or public entity responsible
for the maintenance of the house and its inhabitants.
(5)
In the case of group-care housing for the mentally ill, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by the Division of Mental Health and Hospitals of the New Jersey Department
of Human Services.
(6)
All such group care housing shall comply with the zoning requirements
in the district in which it is located and for the type of housing
that it is, either single-family detached or single-family attached.
(7)
If such housing is not limited to persons residing in the Township,
the applicant shall so state to the approving authority and furnish
proof that residency in the facility cannot be limited to such persons.
(8)
One on-site parking space shall be provided for each three beds,
plus one space for each staff member, whether or not a resident.
(9)
No driveway shall open onto a public street within 75 feet of an
intersecting public street, measured from the intersection of the
tangents of the adjacent curblines.
(10)
Any adverse effects to the safety and aesthetics of the surrounding
neighborhood shall be effectively minimized by the appropriate use
of artificial or natural landscaping, screening and fencing.
(f)
Nursing homes. The following specifications and standards shall apply
to the development of a nursing home in a district which permits same
as a conditional use:
(1)
On-site parking shall be provided in a ratio of one space for every
three beds, plus one on-tract space for each staff member.
(2)
Dimensional, density and other bulk restrictions. The provisions
in the R-M district for multifamily dwellings shall apply, except
as hereinafter set forth.
a.
Minimums.
|
Front yard setback Side yard setback and Rear yard setback
|
As set forth in the R-M district, except that the yard shall
be increased 1 foot for each foot by which the building exceeds 35
feet in height
|
b.
Maximums.
|
Building height principal building
|
44 feet in the B-1 and B-2 districts, 35 feet in the R-M district
|
(3)
A landscaped buffer of no less than 25 feet in width, from which
parking shall be excluded, shall be provided along all boundaries
of the property.
(4)
No driveway shall open onto a public street within 150 feet of an
intersecting public street, measured from the intersection of the
tangents of the adjacent curblines.
(g)
Motor vehicle service stations and public garages. The following
specifications and standards shall apply to the development of motor
vehicle service stations and public garages in a district which permits
same as a conditional use:
(1)
Fuel pumps shall be located not less than twenty-five feet from any
street line or property line.
(2)
The entire area of the site traversed by motor vehicles shall be
hard-surfaced.
(3)
Driveways shall cross the sidewalk at right angles and shall not
be more than thirty feet wide. Driveways shall be no less than ten
feet from any side lot line and no less than fifty feet from intersecting
street lines. No more than two driveways shall be permitted for each
one hundred feet of street frontage.
(4)
Motor vehicle repairs shall be performed in a fully enclosed building.
No parts or partially dismantled motor vehicles shall be stored out
of doors.
(5)
If the proposed development abuts a residential use or district,
a landscaped buffer of not less than 25 feet in width, from which
parking shall be excluded, shall be provided along each boundary that
abuts a residential use or district.
(6)
The use of a motor vehicle service station or public garage for overnight
parking of vehicles, other than vehicles owned by the proprietor or
employees thereof, shall be permitted, subject to the following requirements:
a.
No vehicle in excess of one ton manufacturer's rated capacity
may be parked overnight.
b.
Each space to be used for overnight parking shall be striped and
numbered.
c.
No interior building space of the service station shall be so used,
except to store customers' vehicles under repair.
d.
A zoning permit shall be obtained as provided in Section 33-23 hereof, except that the zoning permit shall expire every 12 months and shall be renewable annually. The Zoning Officer may decline to renew the zoning permit if he determines that a condition of the permit has been violated. Site plan approval shall not be required for the use of an existing motor vehicle service station or public garage for overnight parking of vehicles.
(7)
On-site parking shall be provided in a ratio of one space per 1,000
square feet of lot area.
(h)
Home professional office. The following specifications and standards
shall apply to the development of a home professional office which
employs more than two persons other than the resident professional,
but no more than six such employees. If no more than two persons other
than the resident professional are employed, the use is a permitted
accessory use in the R.S and R-M Districts, and these criteria do
not apply. If more than six persons other than the resident professional
are employed, the use is prohibited.
(1)
One on-tract parking space shall be provided for each nonresident
employee, plus three spaces for clients or patients of the professional.
In addition, on-site spaces for the dwelling unit shall be provided
as set forth in Section 33-28(b)(3). The approving authority may reduce
the required number of off-street parking spaces if on-street parking
is available and preferred to blacktopping the subject property or
municipal or other off-street parking is accessible in the immediate
area.
(2)
The office shall occupy no more than the equivalent of 1/2 of the
gross floor area of the building in which it is located.
(3)
Any adverse effects to the safety and aesthetics of the surrounding
neighborhood shall be effectively minimized by the appropriate use
of artificial or natural landscaping, screening and fencing.
(i)
Fast-food restaurant. The following specifications and standards
shall apply to the development of a fast-food restaurant in a district
which permits same as a conditional use:
(1)
No drive-in or drive-through facilities are permitted.
(2)
No driveway shall open upon a public street within 150 feet of an
intersecting public street, measured from the intersection of the
tangents of the adjacent curblines.
(3)
No more than two driveways shall be permitted for each 100 feet of
street frontage.
(4)
One on-site parking space shall be provided for every two seats,
plus 10% of the required spaces for employee parking.
(5)
No lot line or portion thereof shall be within 1,500 feet of the
lot line or portion thereof of another fast-food restaurant, car wash
or tire distribution center.
(j)
Car wash. The following specifications and standards shall apply
to the development of a car wash in a district which permits same
as a conditional use:
(1)
No driveway shall open upon a public street within 150 feet of an
intersecting public street, measured from the intersection of the
tangents of the adjacent curblines.
(2)
No more than two driveways shall be permitted for each 100 feet of
street frontage.
(3)
No lot line or portion thereof shall be within 1,500 feet of the
lot line or portion thereof of another car wash, fast-food restaurant
or tire distribution center.
(k)
Tire distribution center. The following specifications and standards
shall apply to the development of tire distribution centers in a district
which permits same as a conditional use:
(1)
No driveway shall open upon a public street within 150 feet of an
intersecting public street, measured from the intersection of the
tangents of the adjacent curblines.
(2)
No more than two driveways shall be permitted for each 100 feet of
street frontage.
(3)
No lot line or portion thereof shall be within one thousand five
hundred feet of the lot line or portion thereof of another tire distribution
center, fast-food restaurant or car wash.
(l)
Retail alcoholic beverage distributor. The following specifications
and standards shall apply to premises used, in whole or in part, for
the retail sale of alcoholic beverages under a plenary retail distribution
license, in a district which permits same as a conditional use:
(1)
No lot line or portion thereof shall be within 1,500 feet of the
lot line or portion thereof of another retail liquor distributor.
(m)
Wireless communications towers and antennas.
(1)
Purpose. The purpose of this subsection is to establish general guidelines
for the siting of wireless communications towers and antennas. The
goals of this subsection are to protect residential areas and land
uses from potential adverse impacts of towers and antennas; encourage
the location of towers in nonresidential areas; minimize the total
number of towers throughout the community; strongly encourage the
joint use of new and existing tower sites as a primary option rather
than construction of additional single-use towers; encourage users
of towers and antennas to locate them, to the extent possible, in
areas where the adverse impact on the community is minimal; encourage
users of towers and antennas to configure them in a way that minimizes
the adverse visual impact of the towers and antennas through careful
design, siting, landscape screening and innovative camouflaging techniques;
enhance the ability of the providers of telecommunications services
to provide such services to the community quickly, effectively and
efficiently; consider the public health and safety of communication
towers; and avoid potential damage to adjacent properties from tower
failure through engineering and careful siting of tower structures.
In furtherance of these goals, the Township of Teaneck shall give
due consideration to the Township of Teaneck's Master Plan, Zoning
Map, existing land uses and environmentally sensitive areas in approving
sites for the location of towers and antennas.
(2)
Definitions. As used in this subsection, the following terms shall
have the meanings set forth below:
- ALTERNATIVE TOWER STRUCTURE
- Man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
- ANTENNA
- Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals. Antennas shall further be classified as whip-type, rectangular- or box-type, metal spine-type or dish-type.
- BACKHAUL NETWORK
- The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices and/or long distance providers or the public switched telephone network.
- FAA
- The Federal Aviation Administration.
- FCC
- The Federal Communications Commission.
- HEIGHT
- When referring to a tower, antenna or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna attached thereto.
- PREEXISTING TOWERS AND PREEXISTING ANTENNAS
- Any tower or antenna for which a building permit or zoning permit has been properly issued prior to the effective date of this subsection, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.
- TOWER
- Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communications purposes, including but not limited to self-supporting lattice towers, guyed towers or monopole towers. The term also includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.
(3)
Applicability.
a.
New towers and antennas. All new towers or antennas in the Township
of Teaneck shall be subject to these regulations, except as provided
in Subsection (m)(3)b through d, inclusive.
b.
Amateur radio station operators. This subsection shall not govern
any tower, or the installation of any antenna, that is under 35 feet
in height and is owned and operated by a federally-licensed amateur
radio station operator.
c.
Preexisting towers or antennas. Preexisting towers and preexisting
antennas shall not be required to meet the requirements of this subsection,
other than the requirements of Subsection (m)(4)f and g.
d.
AM array. For purposes of implementing this subsection, an AM array,
consisting of one or more tower units and supporting ground system
which functions as one AM broadcasting antenna, shall be considered
one tower. Measurements for setbacks and separation distances shall
be measured from the outer perimeter of the towers included in the
AM array. Additional tower units may be added within the perimeter
of the AM array by right.
(4)
General requirements.
a.
Conditional use. Antennas and towers shall be considered conditional
uses in those zone districts which permit towers and antennas as conditional
uses. A different existing use of an existing structure on the same
lot shall not preclude the installation of an antenna or tower on
such lot.
b.
Lot size. For purposes of determining whether the installation of
a tower or antenna complies with district development regulations,
including but not limited to setback requirements, lot coverage requirements
and other such requirements, the dimensions of the entire lot shall
control, even though the antennas or towers may be located on leased
parcels within such lot.
c.
Aesthetics. Towers and antennas shall meet the following requirements:
1.
Towers and antennas shall be painted a neutral color so as to
reduce visual obtrusiveness, subject to any applicable standards of
the FAA.
2.
At a tower and/or antenna installation site, the design of the
buildings and related structures shall, to the extent possible, use
materials, colors, textures, screening and landscaping that will blend
them into the natural setting and surrounding buildings.
3.
If an antenna is installed on a structure other than a tower,
the antenna and supporting electrical and mechanical equipment must
be of a neutral color that is identical to, or closely compatible
with, the color of the supporting structure so as to make the antenna
and related equipment as visually unobtrusive as possible. In addition,
the antenna and supporting electrical and mechanical equipment must
be screened from view from adjacent properties. The height of such
screening must equal the height of the installed antenna.
4.
All towers erected within the P Public Land Zone District shall
be of the monopole-type design. Antennas mounted on these towers shall
be fully enclosed within the skin of the pole structure.
d.
Lighting. Towers and antennas shall not be artificially lighted,
unless required by the FAA or other applicable authority. If lighting
is required, the lighting alternatives and design chosen must cause
the least disturbance to the surrounding views.
e.
State or federal requirements. All towers must meet or exceed current
standards and regulations of the FAA, the FCC and any other agency
of the state or federal government with the authority to regulate
towers and antennas. If such standards and regulations are changed,
then the owners of the towers and antennas governed by this subsection
shall bring such towers and antennas into compliance with such revised
standards and regulations within six months of the effective date
of such standards and regulations, unless a different compliance schedule
is mandated by the controlling state or federal agency. Failure to
bring towers and antennas into compliance with such revised standards
and regulations shall constitute grounds for the removal of the tower
or antenna at the owner's expense.
f.
Building codes; safety standards. To ensure the structural integrity
of towers, the owner of a tower shall ensure that it is maintained
in compliance with standards contained in the New Jersey Uniform Construction
Code (N.J.S.A. 52:27D-119 et seq.), the applicable standards for towers
that are published by the Electronic Industries Association, latest
edition, and the National Electrical Safety Code for clearance of
utility lines.
1.
All antennas used for the transmission of signals where the
height of the path of the transmission beam is less than 10 feet above
an adjacent walking surface shall be installed with a safety interruption
device capable of stopping the antenna transmissions if any object
comes within the signal path for longer than 0.20 seconds.
g.
Measurement. For purposes of measurement, tower setbacks and separation
distances shall be calculated and applied to facilities located in
the Township of Teaneck irrespective of municipal and county jurisdictional
boundaries.
h.
Not essential services. Towers and antennas shall be regulated and
permitted pursuant to this subsection and shall not be regulated or
permitted as essential services, public utilities or private utilities.
i.
Franchises. Owners and/or operators of towers or antennas shall certify
that all franchises required by law for the construction and/or operation
of a wireless communication system in the Township of Teaneck have
been obtained and shall file a copy of all required franchises with
the Construction Official.
j.
Signs. No signs shall be allowed on an antenna or tower.
k.
Buildings and support equipment. Buildings and support equipment
associated with antennas or towers shall comply with the requirements
of Subsection (m)(7). No building or support equipment shall be used
for human occupancy other than for routine maintenance of equipment
contained therein.
l.
Cable microcell networks. If a cable microcell network is proposed,
all cables, wires and equipment shall be located so that they do not
interfere with the municipal fire alarm equipment and cable system.
Applications for cable microcell network systems must be reviewed
and approved by the Fire Department and Engineering Department of
the Township of Teaneck as prior approvals before issuance of required
construction permits.
(5)
Where permitted.
a.
General. Wireless telecommunications towers, antennas and related
equipment may be located in the following areas only:
1.
Antennas located on towers. Antennas, for the reception and/or
transmission of signals, located on towers, the tower structures and
equipment cabinets and buildings may be located within the L-I Light
Industry Zone District and within the P Public Land Zone District,
except on property used for private or public school purposes.
2.
Antennas located on utility and light poles. Antennas, for the
reception and/or transmission of signals, mounted on utility and light
poles may be located on any existing utility or lighting pole within
the street right-of-way under the control of the Township of Teaneck
where such street right-of-way is within or adjacent to a nonresidential
zoning district. Whip-type or box-type antennas may be located on
utility and light poles. Dish-type antennas are not permitted to be
mounted on utility or light poles within the street right-of-way.
All equipment cabinets and buildings must be located outside the street
right-of-way and within a nonresidential zoning district, in accordance
with Subsection (m)(7) herein.
3.
Antennas located on buildings. Antennas, for the reception and/or
transmission of signals, mounted on buildings, may be located on any
nonresidential use building within the H Hospital District, L-I Light
Industrial District, U University District, RC-1 Redevelopment Commercial
- Office/Retail District, RC-2 Redevelopment Commercial - Hotel-Motel
District, RC-3 Redevelopment Commercial - Hotel Accessory District
and P Public Land District.
b.
Availability of suitable existing towers, other structures, or alternative
technology. No new tower shall be permitted unless the applicant demonstrates
to the reasonable satisfaction of the municipal board having jurisdiction
that no existing tower, structure or alternative technology that does
not require the use of towers or structures can accommodate the applicant's
proposed antenna. An applicant shall submit information requested
by the municipal board having jurisdiction related to the availability
of suitable existing towers, other structures or alternative technology.
Evidence submitted to demonstrate that no existing tower, structure
or alternative technology can accommodate the applicant's proposed
antenna may consist of any of the following:
1.
No existing towers or structures are located within the geographic
area which meet the applicant's engineering requirements.
2.
Existing towers or structures are not of sufficient height to
meet the applicant's engineering requirements.
3.
Existing towers or structures do not have sufficient structural
strength to support the applicant's proposed antenna and related
equipment.
4.
The applicant's proposed antenna would cause electromagnetic
interference with the antenna on the existing towers or structures,
or the antenna on the existing towers or structures would cause interference
with the applicant's proposed antenna.
5.
The fees, costs or contractual provisions required by the owner
in order to share an existing tower or structure or to adapt an existing
tower or structure for sharing are unreasonable. Costs exceeding new
tower development are presumed to be unreasonable.
6.
The applicant demonstrates that there are other limiting factors
that render existing towers and structures unsuitable.
7.
The applicant demonstrates that an alternative technology that
does not require the use of towers or structures, such as a cable
microcell network using multiple low-powered transmitters/receivers
attached to a wireline system, is unsuitable. Costs of alternative
technology that exceed new tower or antenna development shall not
be presumed to render the technology unsuitable.
c.
Prohibited locations. No antennas, for the reception and/or transmission
of signals, tower structures and equipment cabinets and buildings
may be located within any of the following:
1.
Within any road, street or highway right-of-way under federal
or state jurisdiction.
2.
Upon any property used for rail transportation or services.
3.
Within any R-S Residential Single-Family District, R-M Residential
Multifamily District, B-1 Business - Retail District, B-2 Business
- Office District, B-R Special Business - Residential District and
RR-M Redevelopment Residential Multifamily District Zones.
4.
Upon any property used for private or public school purposes.
(6)
Dimensional and bulk requirements. All dimensional and bulk requirements
of the zone district in which the wireless communications tower or
antenna is located shall apply except as otherwise provided in Subsections
(m)(6)a through e, inclusive.
a.
Height. The maximum height of any tower erected within the Township
of Teaneck shall be 150 feet in all districts as allowable by law.
b.
Setbacks. The following setback requirements shall apply to all towers.
1.
Towers located within the L-I Light Industry Zone District must
be set back a distance equal to at least 125% of the height of the
tower from any adjoining lot line.
2.
Towers located within the P Public Land Zone District must be
set back a minimum of 25 feet from any street line, a minimum of 15
feet from side and rear property lines and 90 feet from any lot within
the R-S Residential Single-Family Detached Zone District which contains
a single-family detached dwelling.
3.
Guys must satisfy the minimum zoning district setback requirements.
c.
Separation. The following separation requirements shall apply to
all towers and antennas located within the L-I Light Industry Zone
District:
1.
Separation from off-site uses/designated areas.
[i]
Tower separation shall be measured from the base of the tower
to the lot line of the off-site uses and/or designated areas as specified
in Table 1, except as otherwise provided in Table 1.
[ii]
Separation requirements for towers shall comply
with the minimum standards established in Table 1.
|
Table 1
| |
|---|---|
|
Off-site Use/Designated Area
|
Separation Distance
|
|
Residential zone districts
|
200 feet or 300% of the height of the tower, whichever is greater
|
|
Residential uses in non- residential zone districts
|
100 feet or 125% of the height of the tower, whichever is greater
|
2.
Separation distances between towers.
[i]
Minimum separation distances between towers located within the
L-I Light Industry Zone District shall be applicable for and measured
between the proposed tower and preexisting towers. The separation
distances shall be measured by drawing or following a straight line
between the base of the existing tower and the proposed base, pursuant
to a site plan, of the proposed tower. The minimum separation distances
(listed in linear feet) shall be as shown in Table 2.
|
Table 2
| |||
|---|---|---|---|
|
Existing Towers - Types
| |||
|
Lattice
(linear feet)
|
Guyed
(linear feet)
|
Monopole Less Than 70 Feet in Height
(linear feet)
| |
|
Lattice
|
5,000
|
5,000
|
1,000
|
|
Guyed
|
5,000
|
5,000
|
1,000
|
|
Monopole less than 70 feet in height
|
1,000
|
1,000
|
1,000
|
d.
Security fencing. Towers shall be enclosed by security fencing not
less than six feet in height and shall also be equipped with an appropriate
anti-climbing device; provided, however, that the municipal board
having jurisdiction may waive such requirements, as it deems appropriate.
e.
Landscaping. The following requirements shall govern the landscaping
surrounding towers and support equipment.
1.
Existing mature tree growth and natural land forms on the site
shall be preserved to the maximum extent possible.
2.
A landscape buffer, in accordance with Section 33-15(s), shall be provided around all tower facilities. Required buffers within the L-I Light Industry Zone District shall not be less than 25 feet in width. Required buffers within the P Public Land Zone District shall not be less than 15 feet in width.
(7)
Buildings or other equipment storage.
a.
Antennas mounted on structures or rooftops. The equipment cabinet
or stricture used in association with antennas shall comply with the
following:
1.
The cabinet or structure shall not contain more than 120 square
feet of gross floor area or be more than eight feet in height. In
addition, the cabinet or structure shall not exceed the maximum allowable
height for principal buildings of the zone district in which the antenna
is located.
2.
If the equipment structure is located on the roof of a building,
the area of the equipment structure, other equipment and structures
and required screening of the antenna and equipment, whether associated
with the antennas or for other purposes, shall not occupy more than
50% of the roof area.
3.
All screening, equipment structures and antennas must be set
back from the face of the building a minimum of 10 feet or the height
of the screening, whichever is greater.
4.
Equipment storage buildings or cabinets shall comply with all
applicable construction codes.
5.
Access to all building-mounted antennas and supporting equipment
shall be secured from the general public. The applicant shall install
and maintain alarms or locks on access hatches and doors providing
access to the antennas, equipment storage buildings and cabinets,
as directed by the Construction Official.
b.
Antennas mounted on utility poles or light poles. The equipment cabinet
or structure used in association with antennas shall be located in
accordance with the following:
1.
The equipment cabinet or structure shall not be located within
any right-of-way under the control of the Township of Teaneck.
2.
The structure or cabinet shall not be located in any required
front yard setback.
3.
The equipment cabinet or structure shall be no greater than
eight feet in height or 120 square feet in gross floor area.
4.
The structure or cabinet shall be screened by an evergreen hedge
with an ultimate height of eight feet and a planted height of at least
five feet.
c.
Antennas located on towers. The equipment cabinet or structure shall
not contain more than 200 square feet of gross floor area or be more
than 10 feet in height. When located within the L-I Light Industry
Zone District, all equipment cabinets or structures shall be located
in accordance with the minimum yard requirements of the zoning district
in which located. When located within the P Public Land Zone District,
all equipment cabinets or structures shall be located a minimum of
25 feet from any street line and 15 feet from any side or rear property
line.
(8)
Removal of abandoned antennas and towers. Any antenna or tower that
is not operated for a continuous period of 12 months shall be considered
abandoned, and the owner of such antenna or tower shall remove the
same within 90 days of receipt of notice from the Township of Teaneck
notifying the owner of such abandonment. Failure to remove an abandoned
antenna or tower within said 90 days shall be grounds to remove the
tower or antenna at the owner's expense. If there are two or
more users of a single tower, then this provision shall not become
effective until all users cease using the tower.
(9)
Nonconforming uses.
a.
Not expansion of nonconforming use. Towers that are constructed and
antennas that are installed in accordance with the provisions of this
subsection shall not be deemed to constitute the expansion of a nonconforming
use or structure.
b.
Preexisting towers. Preexisting towers shall be allowed to continue
their usage as they presently exist. Routine maintenance (including
replacement with a new tower of construction and height) shall be
permitted on such preexisting towers. New construction other than
routine maintenance on a preexisting tower shall comply with the requirements
of this subsection.
c.
Rebuilding damaged or destroyed nonconforming towers or antennas.
If any nonconforming antenna or towershall be destroyed by reason
of windstorm, fire, explosion or other act of God or the public enemy
or be altered through construction activities to an extent of more
than 75% of its value, then such destruction or alteration shall be
deemed complete and the structure may not be altered, rebuilt, restored
or repaired except in conformity with the regulations of this chapter.
Construction permits to rebuild a facility shall comply with the then
applicable New Jersey State Uniform Construction Code (N.J.S.A. 52:27D-119
et seq.) and shall be obtained within 180 days from the date the facility
is damaged, destroyed or altered. If no permit is obtained or if said
permit expires, the tower or antenna shall be deemed abandoned as
specified in Subsection (m)(8).
(n)
Assisted living facility. The following specifications and standards shall apply to the development of assisted living facilities which are allowed as a conditional use in all zone districts pursuant to this Subsection (n) except for the L-I Light Industry Zone and the RRM Redevelopment Residential Multifamily Zone:
(1)
All assisted-living facilities shall contain lot frontage upon a
secondary arterial street. Secondary arterial streets shall be defined
in the Township of Teaneck Master Plan.
(2)
Dimensional, density and other bulk restrictions.
(3)
Off-street parking, loading and driveways.
a.
A minimum of 0.5 space shall be provided for each bed. All fractional
spaces shall be rounded up to the next whole space.
b.
A minimum of one twelve-foot-by-thirty-foot loading space shall be
provided per building.
c.
All parking, loading and driveway areas, when located within any
side yard or front yard, shall be no closer than 15 feet to a property
line. All parking, loading and driveway areas, when located within
any rear yard, shall be no closer than 25 feet to a property line.
(4)
All driveways shall open onto the secondary arterial street. No driveway
shall open onto a public street within 100 feet of an intersecting
street, measured from the tangents of the adjacent curblines.
(5)
A landscape buffer of not less than 25 feet in width shall be provided
along the rear property line and, a similar buffer of not less than
15 feet in width shall be provided along the side property lines.
All landscape buffers shall be installed in accordance with the standards
and specifications as set forth in Section 33-15(s)(2) of this chapter.
(6)
The exterior design of any structure used in connection with such
a facility shall conform to the general character of the area. All
buildings shall be constructed with sloping roofs, whose roof pitch
shall be a minimum roof slope equal to five inch rise for each one
foot of run.
(a)
Prohibited uses generally. Any use of any building or premises in such a manner that the health, safety, morals or welfare of the community may be endangered is prohibited. The use of a recreational vehicle for human habitation is prohibited, except on the site of a residence rendered uninhabitable by fire or other casualty and for a limited duration of six months from the date of such casualty. In such event, the recreational vehicle shall be inhabited only by the persons displaced by the casualty, after a temporary zoning permit has been issued by the building department pursuant to Chapter 11 of this Code. Travel trailers may be used for construction purposes on construction sites, but no sooner than 30 days prior to commencement of construction and no later than seven days after completion of construction, as determined by the Zoning Officer. A temporary zoning permit shall also be required pursuant to Chapter 11 of this Code.
(b)
Commercial uses prohibited in all districts. The following uses are
prohibited:
(1)
Uses not conducted within an enclosed building, except walk-up and
drive-in bank facilities, motor vehicle service stations, commercial
parking lots, outdoor table service facilities accessory to a restaurant
and outdoor display areas accessory to an enclosed landscape -- garden
center.
(2)
Billboards, signboards, advertising signs and devices not related
to a business being conducted in the premises upon which it is displayed.
(3)
Auction markets.
(4)
Massage parlors.
(5)
Outdoor display of new or used motor vehicles, except as incidental
to a new car dealership.
(6)
Amusement rides and outdoor commercial recreational facilities, such
as miniature golf and golf driving ranges.
(7)
(Reserved)
(8)
Auto body shops.
(9)
Heavy commercial trucking depots or garages.
(10)
The sale of drug paraphernalia.
(c)
Industrial uses prohibited in all districts. Any use which is noxious
or offensive by reason of odor, dust, noise, smoke, gas, fumes, radiation
or similar conditions, such as the following:
(1)
Slaughterhouses.
(2)
Acetylene gas manufacture.
(3)
Airport or heliport.
(4)
Ammonia, chlorine and bleaching powder manufacture.
(5)
Animal black, lampblack, stove blacking, carbon graphite and bone-black
manufacture.
(6)
Blast furnaces and boiler works.
(7)
Broadcast towers for radio and television.
(8)
Concrete and glass manufacture.
(9)
Extraction and processing of radioactive material.
(10)
Creosote treatment and manufacture.
(11)
Crematory.
(12)
Disinfectant, insecticide and poison manufacture.
(13)
Distillation of coal, petroleum, refuse, grain, wood and bone.
(14)
Dye manufacture.
(15)
Manufacture or storage of explosives, fireworks, matches and
similar products.
(16)
Fertilizer manufacture and potash refinishing.
(17)
Fish smoking and canning.
(18)
Glue and gelatin manufacture, where the process includes refining
and recovery of products from fish, animal, refuse or offal.
(19)
Grease, lard, fat and tallow rendering and refining.
(20)
Grain drying and feed manufacture from refuse, mash or grain.
(21)
Illuminating gas manufacture.
(22)
Incineration, reduction, storage and dumping of slaughterhouse
refuse, rancid fats, garbage, dead animals or offal.
(23)
Manufacture and storage of antipersonnel gases, such as tear
gas or poison gas.
(24)
Metal foundries,
(25)
Paint, oil, varnish, turpentine, shellac and enamel manufacture.
(26)
Printing ink manufacture.
(27)
Pyroxylin plastic manufacture or manufacture of articles therefrom.
(28)
Storage, coloring, cleaning, curing and tanning of raw or green
salted hides or skins.
(29)
Rubber manufacture or treatment.
(30)
Storage of volatile oils or liquids above ground in tanks of
greater than one-thousand-gallon capacity.
(31)
Yards for scrapped or junked motor vehicles, vehicle parts,
tires, metal, lumber, paper, rags and similar materials.
[Ord. No. 1811, § 27; Ord.
No. 2042, 7-9-1984, § 9.]
[Ord. No. 4049, 1-8-2008, § 3; Ord. No. 4176, 3-9-2010, § 2.]
Signs respecting one- or two-family residential dwellings, not otherwise requiring site plan review, shall be governed by the following provisions. All other signs shall be subject to the provisions of Section 33-18(c), except as noted therein.
(a)
Residential nameplate. No more than one nameplate per dwelling unit
shall be permitted, which may be illuminated, must be situated within
the property lines and shall not exceed 72 square inches in area on
any one side.
(b)
"For sale," "for rent" and "open house" signs.
(1)
In the case of "for sale" and "for rent" signs, the following criteria
shall apply:
a.
Not more than one nonilluminated temporary sign per lot may be placed
on the lot for sale or for rent and on no other place, and such sign
may contain the word "owner" and the telephone number or, alternatively,
it may identify by name and up to two telephone numbers the New Jersey
licensed real estate broker, if any, given the right to sell or lease
the property and/or use the word "broker."
b.
If relating to a residential lot or building, the sign shall not
exceed four square feet in area on any one side.
c.
The "for sale" or "for rent" sign shall be removed from the premises
within two days after a contract for sale or lease of the premises
has been executed, whether or not contingent upon the happening of
a future event such as a mortgage commitment or subdivision approval.
d.
No signs are permitted advertising the property as having been sold
or leased; provided, however, that signs advertising that the property
is under contract are permitted up to the date of closing.
(2)
In the case of "open house" signs, the following criteria shall apply:
a.
In
addition to a "for sale" or "for rent" sign, not more than four temporary
"open house" real estate signs may be displayed on the day of the
open house from 11:00 a.m. to 6:00 p.m.
b.
"Open
house" signs may be located within the public right-of way, but not
upon or within the travel portion of any street or sidewalk, within
a required sight triangle as outlined and defined in Section 33-15(n)(1),
(2) and (3) hereof, or on any pole, tree, fire hydrant, traffic or
parking sign, public waste receptacle, bus shelter or other structure
located within the public right-of-way.
c.
"Open
house" signs must be of a sound construction such as metal "A" frame
design, or metal staked sign, with maximum face size of two feet by
two feet. The signs must identify the real estate broker sponsoring
the open house and include the broker's address and telephone number.
d.
The
real estate broker sponsoring the open house shall be responsible
for complying with the provisions of this subparagraph, particularly
the installation and removal of the sign at the designated times provided
for above.
e.
The
real estate broker sponsoring the open house shall file with the Township
Clerk, prior to the placement of any "open house" signs upon the public
right-of-way, a certificate of insurance evidencing that liability
insurance is in effect in an amount of not less than $1,000,000 and
naming the Township as an additional insured, issued by an insurance
company authorized to do business within the State of New Jersey.
In addition, such broker shall sign and file with the Clerk an indemnification
and hold-harmless agreement, of a form acceptable to the Township
Attorney, agreeing to indemnify and hold harmless the Township of
Teaneck, its officers, elected officials, agents, employees and assigns,
from any and all claims, suits, or causes of action for damages or
injuries resulting from the placement of such open house signs upon
the public right-of-way.
f.
Any
violation of the provisions of this subparagraph shall be punishable
under the general violation provisions of this Code (Sec. 1-6).
(c)
Political signs. Notwithstanding anything to the contrary contained
in this or any other section of this Code, there shall not be any
restrictions on the use or placing of political signs on residential
property.
(d)
Home professional office signs. No more than one sign per dwelling
identifying the name and profession of the resident shall be permitted,
provided that any such sign shall be affixed to the building, may
only be externally illuminated, may not exceed one square foot in
area on any one side nor exceed 1 1/2 feet in length on any one
side. No other sign or display relating to a home occupation, which
is visible from the outside of the building, is permitted.
[1]
Editor's Note: Former § 33-27, Signs, as amended,
was repealed by Ord. No. 3474, 10-8-1996, § 3.
[Ord. No. 1859, 5-27-1980, § 11; Ord. No. 1941, 2-2-1982, § 3; Ord.
No. 2052, 9-4-1984, § 2; Ord. No. 3059, 10-21-1986, § 2; Ord.
No. 3149, 5-17-1988, §§ 1,
2; Ord. No. 3171, 9-27-1988, § 1; Ord. No. 3191, 1-24-1989, § 1; Ord. No. 3358, 5-25-1993, § 2; Ord. No. 3572, 10-13-1998; § 1; Ord.
No. 4037A, 11-20-2007, § 5; Ord. No. 4052, 2-4-2008, § 1; Ord.
No. 4062, 3-18-2008, § 8; Ord. No. 4169, 1-12-2010, § 1.]
(a)
Purpose. The purpose of this section is to require off-street facilities
for parking motor vehicles and loading and unloading motor vehicles
in recognition of the fact that the primary function of the public
streets is to move vehicular traffic safely and conveniently, and
that parking, loading and delivery functions performed within the
public street are in conflict with that function. Therefore, this
section requires off-street parking and related facilities for new
development, changes in use and/or occupancy of existing buildings
and expansion of existing buildings, with certain enumerated exceptions
where existing development renders such requirements impractical,
and the close proximity of municipal parking obviates the need for
on-site facilities.
(b)
Minimum requirements for off-street parking and loading and unloading.
All off-street parking areas, including driveways, shall be paved
with a dustless, durable, all-weather pavement and shall be adequately
drained. All off-street parking areas, including driveways, accessory
to a one-family or two-family detached dwelling, may be paved with
commercially available unit pavers and shall be adequately drained.
All parking areas, except when accessory to a one-family or two-family
detached dwelling, shall be clearly marked for parking spaces.
(1)
Excluded areas.
a.
Off-street parking and loading and unloading shall not be required
in the following portions of B-1, MX-1 and MX-2 Districts:
b.
In other portions of B-1, MX-1 and MX-2 Districts, the approving
authority shall consider the nearby location of public parking lots
or other parking facilities as a basis for waiving or reducing the
amount of parking to be provided.
(2)
Rules of construction.
a.
Multiple uses. Where a particular function contains more than one
use, the minimum parking and loading and unloading requirements shall
be the sum of the component parts.
b.
Expanded uses. Where an existing use is expanded, the minimum parking
and loading and unloading requirements shall be applied to both the
existing use and the expansion thereof.
c.
Fractional count. When the computation to determine the number of
off-street parking spaces or loading spaces results in a fractional
number, the fractional number shall be rounded upward to the next
whole number.
d.
Unspecified uses. Any use not specified in this section shall comply with the requirement which is applicable to the most similar use, except that the conditional use categories and their criteria, set forth in Section 33-25, contain the minimum requirements for off-street parking and loading and unloading.
e.
Handicap spaces. Spaces mandated by law for handicapped persons shall
not be considered in the computation to determine the number of existing
or proposed off-street spaces.
(3)
Minimum off-street parking requirements.
|
Use of Principal Building or Lot
|
Minimum Required Parking Spaces
| |
|---|---|---|
|
Single-family detached or attached dwelling
| ||
|
Lot frontage of 60 feet or less
|
1 (on site)
| |
|
Lot frontage greater than 60 feet
|
2 (on site)
| |
|
Home occupation and professional office
| ||
|
(See special rules for conditional use category.)
|
1 for each nonresident employee, plus the number required for
the dwelling unit. (on site)
| |
|
Boarders, roomers and persons not related by blood, adoption
or marriage
| ||
|
Boarders and roomers
|
1 per boarder or roomer, plus the number required for the dwelling
unit (on site)
| |
|
Persons not related by blood, adoption, marriage and not roomers
or boarders
|
1 per person in excess of 3 such persons, plus the number required
for the dwelling unit (on site)
| |
|
Two-family dwelling
|
2 per dwelling unit (on site)
| |
|
Multifamily dwelling
| ||
|
Efficiency or one bedroom
|
2 per dwelling unit
| |
|
Two bedrooms or more
|
3 per dwelling unit
| |
|
University
| ||
|
The total of:
|
The total of (all on-site):
| |
|
Dormitory
|
1 per bedroom
| |
|
Administrative/office
|
1 per 400 square feet of gross floor area
| |
|
Classroom space
|
1 per 1,000 square feet of gross floor area
| |
|
Places of public assembly
| ||
|
Such as theater, community center, library, museum, bowling
alley, club, tavern, discotheque
|
1 for every 4 allowable occupants in the largest place of assembly. "Allowable occupants" shall mean the occupancy load established under the uniform construction code (Chapter 11 of this Code).
| |
|
Business-retail
| ||
|
Retail store or personal service establishment, except as more
specifically referenced herein
|
1 per 200 square feet of gross floor area, less bulk storage
area
| |
|
Coin-operated dry-cleaning establishment
|
1 per 2 machines, plus 1 per full-time employee
| |
|
Coin-operated laundromat
|
1 per 2 machines, plus 1 per full-time employee
| |
|
Restaurant
|
1 per 4 seats, plus 10% of required spaces for employee parking
| |
|
Restaurant, fast-food
|
1 per 2 seats, plus 10% of required spaces for employee parking
| |
|
Business-office
| ||
|
General office use, without counter or similar facility designed
to service customers
|
1 per 400 square feet of gross floor area
| |
|
General office use, with or without counter or similar facility
designed to service customers
|
1 per 250 square feet of gross floor area
| |
|
General office use, with counter or similar facility designed
to service customers
|
1 per 250 square feet of gross floor area
| |
|
Office or clinic of physician or dentist
|
1 per 200 square feet of gross floor area
| |
|
Financial institution
|
1 per 300 square feet of gross floor area
| |
|
Veterinary office or animal clinic
|
1 per 250 square feet of gross floor area
| |
|
Funeral home
|
1 per 100 square feet of gross floor area
| |
|
Hospital
|
5 per every 3 beds (on site)
| |
|
Business or trade school
|
1 per 100 square feet of gross floor area
| |
|
Light industrial
| ||
|
The total of:
|
The total of:
| |
|
Research activities
|
1 per 750 square feet of gross floor area
| |
|
Warehouse activities
|
1 per 1,000 square feet of gross floor area
| |
|
Manufacturing activities
|
1 per 800 square feet of gross floor area
| |
|
Assembly activities
|
1 per 800 square feet of gross floor area
| |
|
Receiving and shipping
|
1 per 5,000 square feet of gross floor area
| |
|
Offices
|
1 per 400 square feet of gross floor area
|
(4)
Minimum on-site loading and unloading requirements. The minimum number
of spaces set forth below shall prevail for uses that have not attained
the gross floor area required for the first space. Uses not listed
shall provide sufficient spaces, as determined by the approving authority:
|
Use Category
|
Minimum Number of Spaces
|
GFA at Which First Berth Is Required
|
GFA at Which Second Berth Is Required
|
Number of Ad- ditional Square Feet for Each Ad- ditional
Berth
|
|---|---|---|---|---|
|
Motor vehicle sales
|
1
|
10,000
|
40,000
|
40,000
|
|
Financial insti- tution
|
O
|
10,000
|
100,000
|
100,000
|
|
Hospital
|
1
|
10,000
|
100,000
|
100,000
|
|
Light industrial
|
1
|
5,000
|
40,000
|
30,000
|
|
Business, office
|
1
|
10,000
|
100,000
|
100,000
|
|
Business, retail
|
1
|
10,000
|
20,000
|
20,000
|
|
Restaurant
|
1
|
10,000
|
25,000
|
20,000
|
|
University
|
1
|
10,000
|
100,000
|
100,000
|
(5)
Off-tract parking facilities. In the B-1 District only, the off-street
parking requirements of this chapter may be satisfied by providing
the required number of parking spaces in an off-street facility which
is reasonably and conveniently located and not more than three hundred
linear feet from the entrance to the building or use to be served.
Off-street parking in all other districts shall be at least on tract
and may be required to be on site if so stated herein.
(6)
Prohibited parking and driveway locations.
a.
Front yards and side yards. In the R-S and R-M Districts, no off-street
parking shall be permitted in a front yard or a side yard except in
a paved driveway providing ingress to and egress from an attached
garage, detached garage or parking space; provided, further, that
no such paved driveway shall be wider than 20 feet in the front yard
and 12 feet in the side yards.
b.
Buffer areas. No off-street parking or loading and unloading area
spaces shall be permitted in a buffer area.
c.
Driveways. Not more than two driveways, each of not more than 30
feet nor less than 20 feet in width, shall be permitted for each 300
feet of frontage on a public street. Driveway width in residential
zones shall be a maximum of 12 feet for a single driveway leading
from the curb cut to a single-car garage or single off-street parking
space for a one-family dwelling. Driveway width in residential zones
shall be a maximum of 20 feet for a driveway leading from the curb
cut to two or more car garages or off-street parking spaces for a
one-family dwelling. No driveway shall be located closer than 50 feet
to astreet intersection. No public street shall be used to provide
direct access to parking spaces.
[Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2022, 2-7-1984, § 1; Ord.
No. 3168, 9-27-1988, § 1; Ord. No. 3654, 12-19-2000, § 2; Ord.
No. 3900, 9-6-2005, § 1; Ord. No. 4062, 3-18-2008, § 9.]
(a)
Locations of fences and retaining walls.
(1)
No fence or wall hereafter erected, altered or reconstructed in the
R-S or R-M Zone District or on lots in any other zone districts on
which buildings occupied for residential purposes are erected (except
in the RR-M Zone) shall exceed four feet in height above ground level
when located in any required front yard area or shall exceed six feet
in height when located in any side or rear yard.
(2)
No fence hereafter erected, altered or reconstructed in the L-I Zone
District shall exceed a height of eight feet above ground level.
(3)
No fence hereafter erected, altered or reconstructed in any zone
district other than these in Subsection (a)(1) or (2) above shall
exceed a height of six feet above ground level.
(4)
No retaining wall hereafter erected, altered or reconstructed in
any zone district shall exceed four feet in height for each 12 feet
of horizontal distance from a front property line when located within
any required front yard area.
(5)
No retaining wail hereafter erected, altered or reconstructed in
any zone district shall exceed six feet in height for each 12 feet
of horizontal distance from a side or rear property line when located
within any required side or rear yard area.
(6)
The foregoing restrictions shall not be applied to prevent the erection
of a chain link fence not exceeding eight feet in height above ground
level anywhere within a public park or school playground.
(b)
Dimensional and other bulk restrictions.
(1)
No fence or retaining wall hereafter erected, altered or reconstructed
in any zoning district of the Township shall be located within 25
feet of the intersection of two street lines or within a required
sight triangle as outlined and defined in Section 33-15(n)(1), (2)
and (3).
(2)
The cumulative height of fences and retaining walls in any zone district
except the L-I Zone District may be a maximum of six feet in height
for each 12 feet of horizontal distance from a property line. The
cumulative height of fences and retaining walls in the L-I Zone District
may be a maximum of eight feet in height for each 12 feet of horizontal
distance from a property line.
(3)
In all zone districts, fences erected in the front yard or a side
and/or rear yard shall have at least one finished side and shall be
erected so that the finished side is facing outward. Fences over two
feet in height located in any front yard area shall be at least 50%
open.
(4)
The use of barbed wire or wire on which barbs or metal points are
strung or fastened is prohibited in all zone districts except the
L-I Zone.
(5)
No fence or wall existing or hereafter erected, altered or reconstructed
in any zoning district of the Township shall be electrified or capable
of giving an electric charge or shock such that it will cause harm,
damage or injury to a person, animal or property.
(6)
The use of canvas or cloth for fences is prohibited.
(7)
Support posts and any applied decorative post top treatments may
not exceed the permitted height of the fence by more than eight inches.
(c)
Other provisions and requirements.
(2)
A guard or dense landscape buffer, a minimum of three feet in height,
shall be provided at the top of all retaining walls, or portions of
walls, which are in excess of four feet in height. The guard or dense
landscape buffer shall separate the top of the wall from any sidewalk,
driveway, path or lawn area which could be used for pedestrian or
vehicular traffic.
(3)
All fences must be erected within property lines unless the owners
of adjoining properties mutually agree that a fence may be erected
on their common property line and a maintenance easement agreement
has been filed with the Building Department. No fence shall encroach
on any public right-of-way without approval of such encroachment by
the Township Council.
(4)
All fences shall be maintained in a sound, safe and upright condition.
Fencing which violates this section shall be repaired or removed within
15 days of written notification from the Construction Official, which
notice shall state the Construction Official's findings and state
the reasons for such a removal or repair order.
(5)
All retaining walls shall be maintained in a sound, safe and upright
condition. Retaining walls which violate this section shall be repaired
or removed within 30 days of written notification from the Construction
Official, which notice shall state the Construction Official's
findings and state the reasons for such a removal or repair order.
(a)
Private organization to manage undedicated common open space. In the event that land is to be developed for multifamily housing, or existing multifamily housing is to be converted into condominium or cooperative ownership, resulting in a planned unit residential development or residential cluster which would generate common open space (as defined in Section 33-3), or which would generate common property incidental thereto (such as private streets, parking areas and recreational facilities), and such common open space and/or improvements will not be dedicated to the Township, the developer shall provide for an organization for the ownership and maintenance of such land for the benefit of owners of properties within the development.
(b)
Bar on disposition of common open space. The organization shall not
be dissolved and shall not dispose of any common open space or property
incidental thereto by sale or otherwise, except to an organization
conceived and established to own and maintain such common open space
and property for the benefit of such development. Therefore, such
organization shall not be dissolved or dispose of any of its common
open space or property without first offering to dedicate the same
to the Township of Teaneck.
(c)
Default in management of common open space.
(1)
Notice. In the event that such organization shall fall to maintain
the common open space and property in reasonable order and condition,
the Township Council may serve written notice upon such organization
or upon the owners of the development setting forth the manner in
which the organization has failed to maintain the common open space
and property in reasonable condition, and said notice shall include
a demand that such deficiencies of maintenance be cured within 35
days thereof, and shall state the date and place of a hearing thereon,
which shall be held within 15 days of the notice.
(2)
Hearing; municipal intervention. At such hearing, the Township Council
may modify the terms of the original notice as to deficiencies and
may give a reasonable extension of time not to exceed 65 days within
which the deficiencies shall be cured. If the deficiencies set forth
in the original notice or in the modification thereof shall not be
cured within 35 days or any permitted extension thereof, the Township
may enter upon and maintain such land in order to preserve the common
open space and properties and maintain the same for a period of one
year. Said entry and maintenance shall not vest in the public any
rights to use the common open space or property, except when the same
is voluntarily dedicated to the public by the owners.
(3)
Extension of Township maintenance. Before the expiration of said
year, the Township Council shall, upon its initiative or upon the
request of the organization theretofore responsible for the maintenance
of the common open space or property, call a public hearing upon 15
days' written notice to such organization and to the owners of
the development, to be held by the Township Council, at which hearing
such organization and the owners of the development shall show cause
why such maintenance by the Township shall not, at the election of
the Township, continue for a succeeding year. If the Township Council
shall determine that such organization is ready and able to maintain
said open space or property in reasonable order and condition, the
municipality shall cease to maintain said open space or property at
the end of said year. If the Township Council shall determine that
such organization is not ready and able to maintain said common open
space and property in a reasonable condition, the Township may, in
its discretion, continue to maintain said common open space during
the next succeeding year, subject to a similar hearing and determination,
in each year thereafter. The decision of the Township Council in any
such case shall constitute a final decision, subject to judicial review.
(d)
Assessing the cost of maintenance. The cost of such maintenance by
the Township shall be assessed pro rata against the properties within
the development that have a right of enjoyment of the common open
space, in accordance with assessed value at the time of imposition
of the lien, and shall become a lien and tax on said properties and
shall be added to and shall be a part of the taxes to be levied and
assessed thereon and shall be enforced and collected with interest
by the same officers and in the same manner as other municipal taxes.
(e)
Removal of brush, weeds, filth, etc., by Township when organization
fails to do so.
(1)
Applicability of Sections 19-16 and 19-17 of Township Code. The provisions of Sections 19-16 and 19-17 of the Township Code are hereby made applicable to the undedicated common open space, property and improvements managed, owned and maintained by the organization provided for by the developer as required by this chapter in Section 33-30(a) above.
[Ord. No. 1962, 9-21-1982, § 1]
[1]
Editor's Note: Former Section 33-31, Low- and moderate-income
housing, derived from Ord. No. 3170, § 1, was repealed 11-9-1999
by Ord. No. 3614.
[Ord. No. 3425, 6-13-1995, § 1; Ord. No. 3697, 11-27-2001, § 1; Ord.
No. 3938, 3-7-2006, § 1; Ord. No. 4009, 6-12-2007, § 1]
(a)
Purposes. The purposes of this section are to:
(1)
Promote economic growth and employment within the Cedar Lane business
district.
(2)
Foster and encourage self-help programs to enhance the local business
and investment climate.
(3)
Create a self-financing Special Improvement District to fund an ongoing
program of promotions, design, economic restructuring and organization
consistent with the New Jersey Main Street Program.
(4)
Designate the Teaneck Economic Development Corporation to act as
the district management corporation to administer the funds collected
for the Special Improvement District and implement the Main Street
Program.
(b)
Findings. The Township Council hereby makes the following findings:
(1)
The Cedar Lane area from Palisade Avenue to Catalpa Avenue (as more
particularly set forth on Schedule A annexed hereto and made part
hereof)[1] has become the most concentrated center of commercial
activity within Teaneck and is the heart of the central business district.
[Amended by Ord. No. 10-2014, 5-20-2014]
[1]
Editor's Note: Schedule A is on file in the Township
offices.
(2)
Revitalization of Cedar Lane is a primary goal of the Township Council.
(3)
The retail area along Cedar Lane has certain special needs requiring
additional services not otherwise provided throughout the community,
such as daily litter patrol, the funding of facade improvements, including
signs and awnings, seasonal events attracting shoppers to the area,
holiday lighting and other business attraction activities.
(4)
In order to meet these special needs, a strong cooperative public
and private participation in redevelopment, rehabilitation and beautification
is required.
(5)
To these ends the Teaneck Economic Development Corporation has recommended
the establishment of a Special Improvement District to assist in meeting
the aforesaid needs, goals and objectives and to be a benefit to the
areas of the Township so designated and set forth in Subsection (c)
hereof,
(6)
The designation of a District Management Corporation, as set forth
in Subsection (d) hereof, will provide administrative and other services
to benefit the businesses, employees, residents, property owners and
consumers in the Special Improvement District.
(7)
The imposition and collection of special assessments on properties
within the Special Improvement District will help defray the cost
of providing needed additional municipal services not provided elsewhere
throughout the Township and will enable the District Management Corporation
to carry out its functions and duties.
(8)
The creation of a Special Improvement District and the designation
of a District Management Corporation will promote economic growth
and employment, foster and encourage self-help programs, enhance the
local business climate and otherwise be in the best interests of the
Township of Teaneck.
(c)
Establishment. There is hereby established and designated a Special
Improvement District within the Township, as more particularly described
in Schedule A annexed hereto and made part hereof, which schedule
lists and describes, by lot and block numbers, all properties in the
Special Improvement District.[2]
[Amended by Ord. No. 10-2014, 5-20-2014]
[2]
Editor's Note: Schedule A is on file in the Township
offices.
(d)
Designation of District Management Corporation.
(1)
There is hereby established the Cedar Lane Management Group (hereinafter
referred to as the "Management Group"), which is hereby designated
as the district management corporation, as that term is defined in
N.J.S.A. 40:56-66, to receive funds collected from special assessments
and/or annual license fees and to assist in the management of the
Special Improvement District designated herein.
(2)
The Management Group shall consist of 11 members as follows:
[Amended by Ord. No. 4276, 10-30-2012]
a.
One member of the Township Council appointed by the Township Council
for a term of two years or until the expiration of such member's
term on the Teaneck Council, whichever first occurs.
b.
The Municipal Manager or his/her designee, to serve at the pleasure
of the Municipal Manager.
c.
Four representatives who either: (i) own a business located within
the Special Improvement District, or who are either officers, directors
or managing employees of a business within the Special Improvement
District; or (ii) own real estate in the Special Improvement District,
or who are officers, directors or managing employees of a holding
company which owns real estate in the Special Improvement District;
appointed by the Township Council for a term of two years; provided,
however, that terms of the initial appointments shall be staggered
so that two terms shall be for years and two terms shall be for three
years.
d.
Three residents of the Township of Teaneck, not otherwise eligible
in categories a through c above, appointed by the Township Council
for a term of two years; provided, however, that the initial appointments
shall be staggered so that one term shall be for one year, one term
shall be for two years and one term shall be for three years.
e.
Two ) representatives who either: (i) own a business located within
the Special Improvement District, or who are either officers, directors
or managing employees of a business within the Special Improvement
District; or (ii) own real estate in the Special Improvement District,
or who are either officers, directors or managing employees of a holding
company which owns real estate in the Special Improvement District;
appointed by the members of the Management Group for a term of two
years; provided, however, that terms of the initial appointments shall
be staggered so that one term shall be for two years and the other
term shall be for three years. Appointments by the Management Group
under this subsection shall take effect 30 days following receipt
of notification of their appointment by the Township Clerk unless,
within said thirty-day period, the Township Council votes to reject
such appointment.
f.
Vacancies within each category of members shall be filled for the
unexpired term by the appointing authority for such category.
g.
In the event any member shall no longer be eligible to serve within
the category to which appointed, the term of such member shall automatically
cease, and a vacancy shall be deemed to exist.
h.
Except as otherwise provided, all terms shall commence upon appointment
and shall expire on July 1 of the last year of the term of the appointment,
provided that members shall serve until the appointment and qualification
of their successors.
i.
Any member of the Management Group may be removed by the Township
Council for cause.
(3)
The District Management Corporation shall have the following powers
in addition to such other powers that may be provided by law:
a.
Adopt bylaws for the regulation of its affairs and the conduct of
its business and to prescribe rules, regulations and policies in connection
with the performance of its functions and duties, subject to the approval
thereof by the Township Council. Notwithstanding the foregoing, the
Township Council may adopt bylaws for the District Management Corporation.
b.
Employ such persons as may be required and fix and pay their compensation
from funds available to the Corporation.
c.
Apply for, accept, administer and comply with the requirements respecting
an appropriation of funds or a gift, grant or donation of property
or money.
d.
Make and execute agreements with other persons, firms, corporations,
government agencies or other entities.
e.
Administer and manage its own funds.
f.
Borrow money from private lenders for periods of not more than 180
days and from governmental entities for that or longer periods subject
to the approval of the Township Council.
g.
Fund the improvement of exterior improvements of private properties
in the District through a grant or loan program.
h.
Fund the rehabilitation of private properties in the district through
a grant or loan program.
i.
Accept, purchase, rehabilitate, sell, lease or manage property in
the district.
j.
Enforce the conditions of any loan, grant, sale or lease made by
the Corporation.
k.
Provide security, sanitation and other services to the district supplemental
to those provided normally by the municipality.
l.
Undertake improvements designed to increase the safety or attractiveness
of the district to businesses which may wish to locate there or to
visitors to the district, including but not limited to litter cleanup
and control, landscaping, parking areas and facilities, recreational
and rest areas and facilities and those improvements generally permitted
for pedestrian malls under Section 2 of P.L. 1972, c. 134 (N.J.S.A.
40:56-66). pursuant to pertinent regulations of the governing body.
m.
Publicize the district and the businesses included within the district
boundaries.
n.
Recruit new businesses to fill vacancies in and to balance the mix
of the district.
o.
Organize special events in the district.
p.
Provide special parking arrangements in the district.
q.
Provide temporary decorative lighting in the district.
(e)
Exercise of police powers.
(1)
Notwithstanding the designation of the Special Improvement District
or the District Management Corporation, the Township of Teaneck shall
retain its powers and other rights and powers relating to the streets
or parts thereof included within the Special Improvement District.
(2)
Nothing contained herein shall be interpreted or construed to be
a vacating, in whole or in part, of any Township street or part thereof.
(3)
The District Management Corporation shall not make or enter into
any improvements or maintenance services within the Special Improvement
District nor adopt any regulations pertaining to such district without
the approval of the Council of the Township of Teaneck.
(4)
The District Management Corporation shall comply with all applicable
ordinances of the Township of Teaneck.
(f)
Special assessments. The Council may, by separate ordinance or amendment
hereto, provide that the costs of improvements and facilities within
the Special Improvement District may be financed and specially assessed
or taxed to the properties specially benefitted thereby within the
Special Improvement District, as provided by law.
(g)
Annual report; budget; audit.
(1)
The Township Manager, with the assistance of the District Management
Corporation, shall, in January of each year, report to the Council
an estimate of the cost of operating and maintaining and annually
improving the Special Improvement District for the next fiscal year.
The projected budget for the initial year has been filed with the
Township Manager prior to introduction of this section.
(2)
In addition to the foregoing, for each year, the District Management
Corporation shall submit a budget for review to the Township Manager
in November of each year; and thereafter, as set forth in Subsection
(g)(1) above, the Township Manager shall forward such budget, together
with his own review and recommendations, to the Council, for the review
and approval of the Council.
(3)
The annual report and budget shall be reviewed, amended or approved
by the Council, in accordance with law.
(4)
Annual costs with respect to the Special Improvement District, as
approved in the report and budget, may be specially assessed or taxed
to benefitted properties or businesses within the Special Improvement
District, as provided by law.
(5)
The District Management Corporation shall, within 60 days after the
close of its fiscal year, make an annual report of its activities
for the preceding fiscal year to the Council.
(6)
The District Management Corporation shall cause an annual audit of
its books, accounts and financial transactions to be made and filed
with the governing body of the municipality within four months after
the close of the fiscal year of the corporation, and a duplicate of
the report shall be filed with the Director of the Division of Local
Government Services in the Department of Community Affairs within
five days of the filing of the audit with the governing body of the
municipality.
(7)
The fiscal year shall commence on January 1 and end on December 31
of the same year.
(8)
Total administrative costs of all kinds shall not exceed 35% of the
total annual budget of the District Management Corporation for any
one fiscal year.
(h)
Annual assessments.
[Amended by Ord. No. 10-2014, 5-20-2014]
(1)
In order to fund the operations of the Special Improvement District
not otherwise provided for by special assessments pursuant to Subsection
(f) hereof, there is hereby established an annual assessment for any
property (excluding residential Class 2 and 4C properties as shown
on the tax assessment records of the Township of Teaneck and properties
owned by the Township of Teaneck) within the Special Improvement District
at a rate per $100 of assessed valuation of all nonexcluded properties
within the Special Improvement District calculated by dividing the
annual Special Improvement District budget by the assessed valuation
of the nonexcluded properties within the Special Improvement District.
(2)
The aforesaid annual assessment shall be on a calendar-year basis
and shall be recalculated following a hearing on the annual Special
Improvement District budget and the adoption thereof by resolution
of the Township Council.
(i)
Delegation of work.
(1)
The Township of Teaneck may, by resolution of the Council, delegate
to the District Management Corporation the contracting of work to
be done on any street or streets or other City-owned property included
within the Special Improvement District.
(3)
The plans and specifications for the work to be contracted shall
be approved by the Township Manager and any other staff that the Manager
and Council deem necessary for approval prior to any action for the
awarding of any contract hereunder.
(j)
No limitation of powers.
(1)
Nothing contained herein shall prevent the Council at any time subsequent
to the adoption of this section, by ordinance, from abandoning the
operation of the Special Improvement District, changing the extent
of the Special Improvement District, supplementing or amending the
description of the Special Improvement District to be specifically
assessed or taxed for annual costs of the Special Improvement District,
changing or repealing any plan, rules, regulations or limitations
adopted for the operation of the Special Improvement District or rescinding
the designation of or redesignating a District Management Corporation.
(2)
Nothing contained herein shall preclude or prohibit the Township
of Teaneck from including the Special Improvement District within
the bounds of any area, district or zone, established pursuant to
law, which has as one of its purposes the encouragement or the concentration
of improvements or the rehabilitation of properties located within
those bounds or the inducement of private enterprise to locate within
those bounds.
[Ord. No. 3594, 5-11-1999, §§ 1, 2]
(a)
The purpose of this section is to promote economic growth and employment
within the business district and in particular the Special (Business)
Improvement District; foster and encourage self-help programs to enhance
the local business climate; and authorize, permit and facilitate the
Township of Teaneck's Special (Business) Improvement District
and the designated District Management Corporation of the district
to apply for and accept funds or loans from the State of New Jersey,
Department of Community Affairs, for the public improvements as contemplated
and defined by P.L. 1998, c. 115.[1]
[1]
Editor's Note: See N.J.S.A. 40:56-71.1 et seq.
(b)
There is hereby created and designated within the Township of Teaneck
a Downtown Business Improvement Zone, which is within the bounds of
the Special (Business) Improvement District as more particularly described
in Schedule A annexed hereto and made part hereof, which schedule
lists and describes by lot and block numbers all properties in the
Downtown Business Improvement Zone.[2]
[Amended by Ord. No. 10-2014, 5-20-2014]
[2]
Editor's Note: Schedule A is on file in the Township
offices.
