[Added 11-26-2001 by Ord. No. 1767[1]]
The use of boardinghouses and lodging houses
is prohibited throughout the Borough of Ridgefield.
[1]
Editor's Note: This ordinance also repealed
former § 390-15, Special exceptions.
[Added 1-27-2014 by Ord. No. 2247]
A.
Purpose.
(1)
The purpose of this section is to provide for reasonable control
of development within slope areas of the Borough in order to minimize
the adverse impact caused by such development. These adverse impacts
include, but are not limited to, erosion, siltation, flooding, surface
water runoff, pollution of potable water supplies from point and nonpoint
sources, as well as the degrading of natural features and aesthetics.
(2)
In addition, the Borough determines that the removal of vegetation,
disturbance of soil and construction of structures in slope areas
of the Borough tends to increase surface water runoff, soil erosion
and siltation resulting in pollution of streams, increased risk of
flooding and improper water drainage. Thus, unregulated development
in slope areas has the potential to endanger public and private property
and the public welfare. Left unchecked, development in slope areas
tends also to result in fragmentation of natural features, thereby
causing harm to the aesthetics of such areas.
(3)
Therefore, the Borough of Ridgefield determines that the public interest
justifies the regulation of property containing slope areas as defined
by this statute, for the protection of persons and property, and for
the preservation of the public health, safety and welfare.
B.
Applicability.
(1)
Applicants for site plan or subdivision approval shall submit all
information required under this section to the appropriate reviewing
authority, which shall not approve the application unless the approval
requirements of this section are met.
(2)
Applicants for construction permits, including the construction of
buildings, walls, driveways or other structures or the clearing of
land, shall submit an application with the information required in
this section, to the Construction Official, where development is proposed
in any steep slope area to insure that the proposed development of
the lot will respect the natural features of the tract and minimize
adverse impacts associated with such clearing and/or construction.
This information shall be referred to the Engineer.
(3)
Applicants for subdivision or site plan review shall submit information
required in this section so the approving authority can render a decision
concerning the land's suitability to accommodate the proposed project
without negatively impacting the community health or welfare. The
Board shall use this information to evaluate the appropriateness of
the project.
C.
AMOUNT OF PERMITTED SOIL DISTURBANCE
SLOPE
SOIL DISTURBANCE
STEEP SLOPE AREAS
Definitions.
Soil disturbance in slope areas shall be permitted as indicated
in the chart below:
|
Slope Category
|
Allowable Amount of Soil Disturbance
| |
|---|---|---|
|
0% to 9.99%
|
100%
| |
|
10% to 14.99%
|
40%
| |
|
15% to 19.99%
|
15%
| |
|
20% to 24.99%
|
10%
| |
|
25%+
|
0%
|
The deviation of the land surface from the horizontal expressed
in terms of a percentage. Slope shall be calculated by dividing the
vertical distance by the horizontal difference times 100, resulting
in a percentage figure of the slope.
The displacement of soil from its natural or original state.
Those areas on a property where 500 or more contiguous square
feet of property have slopes of 10% or greater as measured over a
minimum of three consecutive contour lines (six feet) horizontally.
D.
Slope regulations. The following regulations apply to any construction
or development in a steep slope area:
(1)
Proposed soil disturbance or the construction of buildings or structures
shall be conducted in such a manner as to provide the least alteration
necessary to the existing grade, vegetation, natural soils and features.
(2)
Proposed excavation, removal, depositing or disturbance of soil shall
be for purposes consistent with the intention of this section and
shall be executed in a manner that will not cause excessive erosion
or other unstable conditions.
(3)
Provision shall be made for the proper disposition of surface water
runoff so that it will not create unstable conditions. Appropriate
storm drainage facilities shall be constructed as deemed necessary,
and adequate protective measures shall be provided for downstream
properties.
(4)
Provisions shall be made for any structures or protective measures
that may be required for the protection of the public safety, including
but not limited to retaining walls, headwalls and fences. See Ordinance
No. 2224 for regulations for retaining walls.[1]
(5)
Proper facilities have been or will be provided for a safe water
supply and for the disposal of sanitary sewage as approved by the
Ridgefield Borough Board of Health.
(7)
Proposed finished grades shall not exceed 3.1.
(8)
New roads and improvements to existing roads should be designed within
the existing contours of the land to the extent possible.
(9)
Natural features to include visual quality shall be preserved to
the extent possible.
E.
Slope disturbance required documentation. Where it is determined
that any construction or development will take place in a steep slope
area, the following shall be required:
(1)
A legibly drawn plan, at a scale no smaller than one inch equals
50 feet and no larger than one inch equals 10 feet shall be submitted
by a New Jersey-licensed engineer, land surveyor or architect which
provides sufficient on-site detail to evaluate the proposed development.
(2)
The slope disturbance plan shall contain, at a minimum, the following
items:
(a)
Existing and proposed topographic information using two-foot
contour intervals for all slopes as defined and categorized above
and within all areas contemplated for clearing and/or construction
as described above.
(b)
Existing and proposed drainage patterns within 100 feet of the
proposed lot under development.
(c)
Details concerning architectural design and how the proposed
construction will relate to, complement and minimize adverse impacts
upon the existing natural features of the lot.
(d)
Location of trees in excess of eight inches in diameter at the
point of measurement, which shall be four feet above ground level.
(e)
Soil types contained on the lot with specific reference to highly
erodible soils as defined by the United States Department of Agriculture
Soil Conservation Service.
(f)
All driveway locations, paved areas and details.
F.
Slope disturbance application procedures.
(1)
Applicants for building permits, and applicants for site plan or subdivision approval, shall be required, as part of the application process, to set forth whether or not the construction or development involves the disturbance of any soil or vegetation within a steep slope area as defined herein. Where an applicant determines that its construction or development will involve soil or vegetation disturbance in a steep slope area, then the applicant shall submit the information and documents required by Subsection E.
(2)
Notwithstanding the above, in those instances where the applicant for a construction permit, or the applicant for site plan or subdivision approval, has indicated that the construction and development does not involve the disturbance of any soil or vegetation within a steep slope area, and the Construction Official, as regards building permits, or the Planning Board Engineer, as regards site plan or subdivision application, determines, based on a visual inspection of the property, that the application appears to contain disturbance of soil or vegetation within a steep slope area, then the applicant shall be required to provide the documentation set forth in Subsection E.
(3)
Prior to the issuance of a construction permit for any structure
or the disturbance of any soil or vegetation within any slope area
as herein defined, an applicant for building permit shall submit a
slope disturbance application to the Planning Department for review
and approval.
(4)
Applicants for site plan or subdivision approval involving the disturbance
of slopes shall submit information regarding steep slope conditions
to the appropriate reviewing authority as part of the required submission,
which shall be examined within the appropriate site plan or subdivision
review context.
A.
This section has for its primary purpose the establishment
of performance standards applying to the operation of industrial uses
in District F. These standards are designed to limit the impacts (e.g.,
noise, smoke, glare, etc.) of industrial uses on each other and on
adjacent and nearby property, including existing and planned development.
B.
To ensure that the uses in District F shall be in harmony with the appropriate and orderly development of District F as a special industrial district as described in § 390-16 of this Part 1, no use shall hereafter be established or conducted in District F that in any manner violates any of the following performance standards.
C.
Although this section has for its primary purpose
the establishment of performance standards applying to the operation
of industrial uses in District F, it shall also be applicable to all
uses in District E, except all nonresidential uses permitted in District
D.
D.
Specific standards.
(1)
No activity shall cause or permit the generation of any noise which is not in conformity with the provisions of Chapter 275, Noise, of the Code of the Borough of Ridgefield.
[Amended 7-23-2001 by Ord. No. 1749]
(2)
Vibration.
(a)
No activity shall cause or create a vibration
at any point on or beyond the lot line which exceeds the maximum earth
displacement for the designated frequency as set forth in Table III
for steady state vibrations and Table IV for impact vibrations.
|
TABLE III
Maximum Permitted Steady-State Vibration
Displacement
| ||
|---|---|---|
|
Frequency Band
(cycles per second)
|
Peak-to-Peak Earth Displacement
(inches)
| |
|
10 and under
|
0.0005
| |
|
10 - 20
|
.0004
| |
|
20 - 30
|
.0003
| |
|
30 - 40
|
.0002
| |
|
40 - 50
|
.0001
| |
|
50 - 60
|
.0001
| |
|
60 and over
|
.0001
| |
|
TABLE IV
Maximum Permitted Impact Vibration Displacement
| ||
|---|---|---|
|
Frequency
(cycles per second)
|
Displacement
(inches)
| |
|
10 and under
|
0.0010
| |
|
10 - 20
|
.0008
| |
|
20 - 30
|
.0006
| |
|
30 - 40
|
.0004
| |
|
40 - 50
|
.0002
| |
|
50 - 60
|
.0002
| |
|
60 and over
|
.0002
| |
(b)
Vibration shall be measured by a three-component
measuring system. In no case shall a total acceleration greater than
0.2g be produced. "Total acceleration" is defined as the vector sum
of the three measured components.
(c)
The maximum displacements specified shall not
be exceeded in any one of three mutually perpendicular directions.
(3)
Smoke.[1]
(a)
No activity shall cause or permit the emission
of visible smoke into the atmosphere at a density as measured on or
beyond the lot line, which is equal to or exceeds the shade of gray
of Ringelmann No. 2.
(b)
Smoke shall be measured by a Ringelmann Chart,
which shows graduated shades of gray for use in estimating the light-obscuring
capacity of smoke. The Ringelmann Chart is published by the United
States Bureau of Mines (Information Circular 6888).
(4)
Fly ash, dust, dirt or other pollution. No activity
shall cause or permit the emission of fly ash, dust, dirt or other
forms of air pollution which can cause any damage to health, animals
or vegetation or other forms of property or which can cause any excessive
soiling at any point on or beyond the lot line. In no case shall any
such emission from any chimney or otherwise be in concentrations exceeding
0.3 grain per cubic foot of conveying gas or air. For measurement
of the concentration of such emission, standard corrections shall
be applied to a stack temperature of 500° F. and 50% excess air.
(A suggested means of measuring such emission shall be by the use
of a low-level radioactive tracer and radiation measurement instrument.)
(5)
Odor.
(a)
No activity shall cause or permit the emission
into the atmosphere of odorous gas or other odorous matter in such
quantities as to be offensive at or beyond the lot line. Any process
which may cause or permit the emission of any odors shall be provided
with a safeguard system to prevent such emission of odors from reaching
the concentrations necessary to pass the threshold of smell.
(b)
As a means of determining objectively the maximum
permitted concentrations of odorous matter for each odorous material,
there is hereby established as a guide the most current edition of
the Air Pollution Abatement Manual, by the Manufacturing Chemists'
Association, Inc., Washington, D.C. It is intended that the minimum
concentrations listed in Table III, Chapter 5, of such Air Pollution
Abatement Manual, shall be established as the thresholds of smell
for all odorous materials listed in such table.
(c)
Chemical tests may be made from time to time,
at the discretion of the Planning Board, of the atmosphere at or beyond
the lot line to determine whether the maximum permitted concentrations
of odorous material in the air have been exceeded.
(6)
Radiation.
(a)
There shall be no radioactive emission that
would be dangerous to health. All use of radioactive materials and
other sources of radiation shall conform to the practices recommended
by the National Committee on Radiation Protection as set forth in
Handbook 61 of the National Bureau of Standards, entitled "Regulation
of Radiation Exposure by Legislative Means."
(b)
In no case shall an activity involving ionizing
radiation cause or create radiation at any point on or beyond the
lot line in excess of 10 millirems per week or 0.8 millirem per hour.
(c)
Suggested tests for radiation shall be made
by means of a radiation measurement meter or sensitized film.
(7)
Electrical disturbance. No activity shall cause or
permit electrical disturbance adversely affecting the operation at
any point outside the lot of any equipment other than that of the
occupant of such lot.
(8)
Heat, glare and humidity. No activity shall cause
or permit heat and/or glare, direct or sky-reflected, from high-temperature
processes (such as combustion or welding) or floodlights or excessive
humidity in the form of steam or moist air so as to be objectionable
at any point at or beyond the lot line.
(9)
Fire and explosion hazard.
(a)
For the purpose of classification, materials
are divided into the following four categories, based upon the degree
of fire and explosion hazard:
[1]
Category A: slow-burning to moderate-burning
materials. This includes all liquids with a closed cup flash point
of 187° F. or higher.
[2]
Category B: free-burning to intense-burning
materials. This includes all liquids with a closed cup flash point
of between 105° F. and 186° F.
[3]
Category C: materials which produce flammable
or explosive vapors or gases under ordinary weather temperature. This
includes all liquids with a closed cup flash point of less than 105°
F.
[4]
Category D: materials which decompose by detonation,
high explosives, propellants and their components, pyrotechnics and
fireworks, blasting explosives, unstable organic compounds and strong
oxidizing agents.
(b)
Storage, manufacturing and utilization,
[1]
Category A materials or products may be stored,
manufactured or utilized in manufacturing processes or other production.
[2]
Category B materials or products may not be
stored, manufactured or utilized in manufacturing processes or other
production unless such storage, manufacture or utilization is carried
on within buildings or other structures which are completely enclosed
by noncombustible exterior walls and such buildings or other structures
are set back at least 50 feet from any lot line and storage above
ground of such materials or products is limited to 50,000 gallons.
[3]
Category C materials or products may not be
stored, manufactured or utilized in manufacturing processes or other
production unless such storage, manufacture or utilization is carried
on within buildings or other structures which are completely enclosed
by noncombustible exterior walls and such buildings or other structures
are set back at least 60 feet from any lot line and storage aboveground
of such materials is limited to 30,000 gallons.
[4]
Category D materials or products may not be
stored, manufactured or utilized in manufacturing processes or other
production unless specifically authorized by special permit, for a
specified period of time, granted by vote of the Mayor and Council
upon the advice of the Board of Health and the Fire Department of
the Borough of Ridgefield.
[Amended 10-23-1989 by Ord. No. 1384; 12-11-1995 by Ord. No. 1545; 1-13-1997 by Ord. No. 1579; 9-27-2010 by Ord. No. 2142; 11-8-2010 by Ord. No.
2149; 2-13-2012 by Ord. No. 2192]
The following regulations shall apply to all stationary signs
and outdoor advertising and shall be in addition to other regulations
for specific uses elsewhere in this chapter. For the protection of
property values and the character and stability of the various residential,
business and industrial districts and for the protection and enhancement
of the Borough as a prospective place of residence, employment and
commercial, industrial and civic activity and investment, the following
requirements are set forth regulating signs in the Borough of Ridgefield:
A.
SIGN
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any object, device, display or structure or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event, location, idea, issue
or point of view by any means, including words, letters, figures,
designs, symbols, fixtures, colors, illumination or projected images,
but excluding seasonal holiday displays, the American flag or other
governmental flags, athletic scoreboards on school premises, or official
announcements and signs of government.
B.
The following general provisions are applicable to all zones:
(1)
Unless otherwise provided for, all signs shall relate to the premises
on which they are erected.
(2)
Any signs not specifically permitted are hereby prohibited.
(3)
No sign shall be located within the Borough right-of-way unless no
other placement location is feasible to the property owner due to
the size and shape of the lot or the existence of previously existing
structures on the property. In the case where no other placement is
feasible, notice must be given to the Building Department of the Borough
so that an alternate location for the sign may be set. This shall
not apply to traffic signs and/or other signs installed by governmental
agencies.
(4)
No sign shall exceed 20 feet in height above ground level, except
signs erected against the side of a building, which signs shall not
extend above the height of the vertical wall or cornice to which they
are attached.
(5)
Signs may be double-faced, in which case the maximum sign area will
apply to only one side.
(6)
The area of a sign shall include every part of the sign, including
moldings, frames, posts, pylons or other supporting members.
(7)
Where the face of a sign has openings or is of an irregular shape,
the area of the sign, exclusive of supporting members, shall be considered
as the total area of the smallest rectangle that can enclose the sign.
(8)
Freestanding signs shall be supported by posts or pylons of durable
materials, which may include concrete, steel, treated wood or other
suitable material, and shall be set securely in the ground or concrete
so that the sign will be capable of withstanding high winds.
(9)
Any sign attached flat against the surface of a building shall be
constructed of durable material and attached securely to the building
with nonrusting hardware. The use of wood or fiber plugs is prohibited.
(10)
Advertising or identification of an establishment painted on
the surface of a building shall be considered part of the total allowable
sign area and shall be subject to the regulation of this article.
(11)
Signs attached to the side of the building shall not exceed
more than 12 inches from the face of the building.
(12)
Building permits for signs.
(a)
As per the provisions of N.J.A.C. 5:23-2.14(b)(6), a sign that
meets the following conditions shall not require a building permit
to be erected:
(b)
All signs not meeting the above criteria shall require a building
permit. In addition, signs not meeting the above criteria shall also
require a zoning permit.
(13)
Whenever a sign becomes structurally unsafe or endangers the
safety of the building or the public, the Zoning Officer shall order
such sign to be made safe or removed. Such order shall be complied
with within 10 days of the receipt thereof by the person, firm or
corporation owning or using the sign or the owner of the building
or premises on which such unsafe sign is affixed or erected.
(14)
Signs shall not be painted on or affixed to water towers, storage
tanks, smokestacks or similar structures.
(15)
The area surrounding ground signs shall be kept neat, clean
and landscaped. The owner of the property upon which the sign is located
shall be responsible for maintaining the condition of the area.
(16)
Facade signs and freestanding signs for office, commercial and
industrial uses, as permitted in this article, may be internally illuminated.
(17)
Temporary signs advertising public functions, fund-raising events
other than a building fund for charitable, nonprofit or religious
organizations, or political signs as permitted by this article shall
be subject to the following conditions:
(a)
A temporary sign may be placed not more than 60 days prior to
the function, event, or election to which it applies; and
(b)
A temporary sign must be removed not more than seven days after
the function, event, or election to which it applies; and
(c)
The owner of the property on which the temporary sign is placed
shall be responsible for its removal; and
(d)
The temporary sign must comply with all other regulations related
to signs; and
(e)
The temporary sign advertising a building fund for a charitable
nonprofit or religious extension organization may be placed for not
more than 10 days from its erection.
(18)
No person shall erect a sign on or over any public property
or public right-of-way other than traffic directional signs or signs
erected by a governmental entity.
C.
The following signs are prohibited:
(1)
Moving or revolving signs and signs using waving, blinking, flashing,
vibrating, flickering, tracer or sequential lighting except for a
movie theater or Borough property.
(2)
Signs using words such as "stop," "look" or "danger" or any other
sign which in the judgment of the Police Chief of the Borough constitutes
a traffic hazard or otherwise interferes with the free flow of traffic.
(3)
Roof signs.
(4)
Signs advertising a product or service not sold on the premises,
signs advertising or directing attention to another premises and any
other sign not related to the premises on which the sign is erected,
except for approved signs on Borough property.
(5)
Signs causing interference with radio or television reception.
(6)
Signs obstructing doors, fire escapes or stairways or keeping light
or air from windows used for living quarters.
(7)
Signs placed in awnings, trees, fences, utility poles or signs attached
to other signs.
(8)
Temporary mobile message signs.
D.
The following signs are permitted in residential districts:
(1)
Nonilluminated directional signs identifying parking areas, entrances,
loading zones, exits and similar locations and not exceeding three
square feet in area.
(2)
Name and number plates identifying residences and affixed to a house,
apartment or mailbox and not exceeding 50 square inches in area.
(3)
Lawn signs identifying residents and not exceeding 1 1/2 square
feet in area.
(4)
Nonilluminated real estate signs announcing the sale, lease or rental
of the premises on which the sign is located. Such signs shall not
exceed six square feet in area in a residential zone.
(5)
Temporary and permanent traffic signs and signals or other signs
installed by a government agency.
(6)
Temporary signs advertising public functions or fund-raising events
for charitable, nonprofit or religious organizations, the combined
total area of all such signs not exceeding an area of 32 square feet
in total on one premises.
(7)
Religious institutions, hospitals, nursing homes, private schools
and service organizations may have one freestanding or wall sign not
exceeding 20 square feet in area.
(8)
Housing developments or garden apartment developments may place one
temporary sign at each entrance to the project and at the rental or
sales office during the course of the development. One sign shall
not exceed 20 square feet in area or six feet in height. Other signs
shall not exceed 15 square feet in area or five feet in height.
(9)
One nonflashing sign identifying farms, public and private parks
and recreation areas, and not exceeding 30 square feet in area on
any one side, and further provided that such sign shall not be closer
than five feet to any street or curbline.
(10)
Temporary political signs shall be permitted under this section,
pursuant to the regulations set forth herein:
(a)
"Temporary political signs" shall be defined as signs pertaining
to federal, state, county or local candidates or questions to be voted
upon by the residents of the Township at an upcoming election and
shall be subject to the following conditions:
[1]
Temporary political signs shall be placed not more than 60 days
prior to the function, event or election to which it applies; and
[2]
Temporary political signs must be removed not more than seven
days after the function, event, or election to which it applies; and
[3]
If any temporary political signs are placed on residential properties,
consent of the property owners must be obtained; and
[4]
No temporary political signs may be placed within a distance
of five feet from the curb of any street or, if there be no curb on
a given street, five feet from the edge of the pavement of any street;
and
[5]
The combined total area of all such temporary political signs
shall not exceed a total of 50 square feet on any one tax lot where
such temporary signs are placed and shall not exceed 32 square feet
for any individual temporary political sign; and
[6]
On or in the rights-of-way on any state highway or county road,
temporary political signs shall not be located or placed closer than
within 50 linear feet of any other sign of the same candidate or campaign
on any one tax lot; and
[7]
No temporary political signs shall be permitted on Borough property,
except as allowed by Subsection D(10)(e) of this section; and
[8]
The owner of the tax lots, and/or the registrant for the signs,
on which a temporary political sign is placed shall be responsible
for its removal; and
[9]
The temporary political sign must comply with all other regulations
related to signs.
E.
The following are permitted signs in nonresidential districts:
(1)
Nonilluminated directional signs identifying parking areas, entrances,
loading zones, exits and similar locations and not exceeding three
square feet in area.
(2)
Nonilluminated real estate signs announcing the sale, lease or rental
of the premises on which the sign is located. Such signs shall not
exceed 20 square feet in area for commercial and office uses and 50
square feet in area for industrial properties.
(3)
Temporary signs advertising public functions or fund-raising events
for charitable, nonprofit or religious organizations or political
signs and not exceeding a combined total area of all such signs of
32 square feet in total on one premises.
(4)
Temporary and permanent traffic signs and signals or other signs
installed by a government agency.
(5)
No person shall erect a sign on or over any public property or public
right-of-way other than traffic directional signs or signs erected
by a governmental entity.
(6)
Religious institutions, hospitals, nursing homes, private schools
and service organizations may have one freestanding or wall sign not
exceeding 20 square feet in area.
(7)
Each office, commercial use or industry not exceeding two stories
in height may have one or more exterior signs identifying or advertising
the names of tenants or uses occupying the premises, provided that
such sign(s) shall not exceed 10% of the front facade area of the
building.
(8)
Freestanding signs.
(a)
Any office, commercial or industrial building over two stories
in height having a gross floor area of less than 10,000 square feet
shall be permitted one freestanding sign, provided that the area of
such sign shall not exceed 40 square feet. Any office, commercial
or industrial building having a gross floor area of at least 10,000
square feet shall be permitted one freestanding sign, provided that
the area of such sign shall not exceed 50 square feet. Where more
than one use is conducted in a building or attached buildings on the
same lot, only one freestanding sign shall be permitted.
(b)
Freestanding signs for office, commercial and industrial buildings
in excess of 10,000 square feet of gross floor area shall be in accordance
with the following schedule:
|
Gross Floor Area
(square feet)
|
Maximum Size of Sign Face
(square feet)
| |
|---|---|---|
|
10,000 to 15,000
|
50
| |
|
15,000 to 30,000
|
75
| |
|
30,000 to 50,000
|
100
| |
|
Over 50,000
|
150
|
(c)
Any office, commercial or industrial building having over 100,000
square feet of gross floor area may have two freestanding signs. The
total area of both signs shall not exceed the maximum size sign face
of 150 square feet.
(d)
One nonflashing sign identifying farms, public and private parks
and recreation areas and not exceeding 30 square feet in area on any
one side, and further provided that such sign shall not be closer
than five feet to any street or curbline.
[Added 9-27-2010 by Ord. No. 2142]
Any violation of § 390-18 shall, upon conviction thereof, be punishable by a fine of not less than $100 and not to exceed $2,000 or by imprisonment for a term not to exceed 90 days, or both, for each violation committed hereunder. Every day that a violation continues after service of written notice by ordinary mail on the owner of the subject property or the sign registrant or a posting of a copy of said notice on the subject property shall be deemed a separate offense hereunder.
[Amended 5-23-1983 by Ord. No. 1233; 10-22-1984 by Ord. No.
1269; 10-23-1989 by Ord. No. 1384; 2-26-1990 by Ord. No. 1396; 2-24-2003 by Ord. No. 1801; 3-8-2004 by Ord. No. 1861; 5-29-2012 by Ord. No.
2205]
It is the purpose of this section that all structures and land uses shall have a sufficient amount of off-street automobile parking to meet the needs of persons residing in, employed at or making use of such structures or land uses. No permit for the erection or substantial alteration of a structure or for the development of a land use shall be issued unless off-street automobile parking has been provided in accordance with the minimum requirements set forth in Subsection B of this section. All parking spaces provided pursuant to the requirements of this Part 1 shall be on the same lot with the structure or use.
A.
Existing uses and structures exempted. Structures and land uses in existence on the date of adoption or amendment of this Part 1 or structures and uses for which building permits have been issued at the time of adoption or amendment of this Part 1 shall not be subject to the requirements set forth in Subsection B of this section, provided that any parking facilities now existing to serve such structures or uses shall not, in the future, be reduced, except where they exceed such requirements, in which case they may not be reduced below such requirements. No such exempted structure or land use may be extended or enlarged after the effective date of adoption or amendment of this Part 1 unless the structure or land use, taking into account the existing structure or use and the extension or enlargement of the same, will meet the parking requirements established herein.
B.
Schedule of off-street parking requirements. Off-street
parking shall be provided for structures and uses as indicated in
Table V below. For other structures or uses not listed in Table V,
off-street parking requirements shall be determined by the Planning
Board of the Borough of Ridgefield.
|
TABLE V
| ||
|---|---|---|
|
Off-Street Parking Requirements
| ||
|
Structure or Use
|
Required Parking Spaces
| |
|
Single-family structure
|
1
| |
|
2-family structure
|
4
| |
|
Structure for 3 or more families on same lot
|
1 1/4 per housing unit
| |
|
Restaurant, tavern or similar establishment
|
1 per 100 square feet of floor area devoted
to patron use
| |
|
Theater, auditorium or other place of public
assembly
|
1 per 3 seats
| |
|
All professional offices; professional buildings;
retail-business or consumer-service establishments; wholesale, storage,
utility, assembly or industrial establishments; telephone exchanges;
office buildings; or laboratories
|
1 for each 500 square feet of gross floor area,
which parking must be contained in the rear of the building, with
2 driveways at least 9 feet wide provided for both ingress and egress
at opposite sides of said building, provided that in no event shall
there be less than 1 parking place per employee
| |
C.
Joint use of facilities by more than one structure
or use. Where two or more different uses occur on a single lot, the
total amount of parking facilities to be provided shall be the sum
of the requirements for each individual use on the lot, except that
the Board of Adjustment may approve the joint use of parking space
by two or more structures or uses on the same or on contiguous lots,
the total capacity of which space is less than the sum of the spaces
required for each, provided that the Board of Adjustment finds that
the capacity to be provided will substantially meet the intent of
the off-street parking requirements by reason of variation in probable
time of maximum use by residents, patrons or employees of such structures
or uses.
D.
In all residential districts, there shall be parking
permitted for no more than one commercial vehicle per household. Such
commercial vehicle shall not exceed 3/4 ton in weight capacity, as
is defined by the regulations of the Department of Motor Vehicles,
and must be garaged at all times when parked at the household or must
otherwise be parked in the rear of the household and screened from
view from adjoining properties.
E.
In all residential districts, there shall be permitted
no more than one unregistered vehicle per lot. Two or more unregistered
vehicles shall constitute a junkyard. Any and all unregistered vehicles
must be removed from the premises within 60 days of the expiration
or other loss of vehicle registration.
F.
It shall be unlawful for the owner, tenant or other
person in control of property to take any action which effectively
precludes, prohibits, obstructs or otherwise has the effect of substantially
diminishing the use and availability of the off-street parking which
is required under this section or which is provided pursuant to approval
of any development by the Planning Board or Zoning Board of Adjustment.
G.
In all residential zoning districts, motor vehicles
may only be parked on impervious surfaces. No motor vehicle may be
parked on surfaces without impervious coverage, such as grass areas
on any residential property.
A.
Off-street loading space shall be required for all
industrial uses in District F. Such off-street loading space shall
be provided at the ratio of one loading space for each 5,000 square
feet of floor area or fraction thereof, except that one space shall
be provided for each 10,000 square feet of floor area in excess of
the first 7,500 square feet of floor area.
B.
Paving required for off-street parking and loading
zones.
(1)
In Districts A, B and C, off-street parking and loading
zones shall be paved with a minimum pavement of four-inch asphalt
penetration macadam.
(2)
In Districts D, E and F, off-street parking and loading
zones shall be paved with a minimum pavement consisting of a six-inch
penetration macadam base with a one-and-one-half-inch bituminous-concrete
surface.
A.
Required area and yards may not be counted more than
once. No lot area, yard or other open space provided about any structure
or use for the purpose of complying with the requirements of this
Part 1 shall be counted as any part of the lot area, yard or open
space required for any other structure or use. No lot area, yard or
other open space on one lot shall be counted as the lot area, yard
or open space for a structure or use on any other lot.
B.
Area. No lot shall be so reduced in area that any
required yards or open spaces will be smaller than that prescribed
in the regulations for the district in which such lot is located.
D.
Yards.
(1)
Terraces. A paved terrace shall not be considered
in the determination of yard sizes or lot coverage; provided, however,
that such terrace is unroofed and without walls, parapets or other
forms of enclosure. Such terrace, however, may have an open guardrailing
not over three feet in height and shall not project into any yard
to a point closer than four feet from any lot line.
(2)
Porches. Any open or enclosed porch shall be considered
a part of the building in the determination of the size of yard or
lot coverage.
(3)
Projecting architectural feature. The space in any
required yard shall be open and unobstructed, except for the ordinary
projection of windowsills, belt courses, cornices, eaves, chimneys,
ornamental light fixtures and other architectural fixtures; provided,
however, that such fixtures shall not project more than two feet into
any required yard, or steps necessary for access to a building, provided
that such steps shall not project more than four feet in any presently
required side or rear yard or five feet in a required front yard.
This subsection shall not be interpreted to permit the construction,
alteration, extension or addition of steps four feet in width where
the building to which they are to be constructed, altered, extended
or added has side yards of less than four feet and seven feet respectively.
(4)
Bay windows. Bay windows, including their cornices
and eaves, may project into any required yard not more than two feet;
provided, however, that the sum of such projections on any wall does
not exceed 1/3 the length of said wall.
(5)
Fire escapes. Open fire escapes may extend into any
required yard not more than four feet six inches.
(6)
Front yard depth. In any residence district, each
newly erected structure shall have a front yard depth of at least
25 feet. With respect to improvements made to preexisting structures,
each structure shall have a front yard equal in depth to the average
depth of the front yards of the lots immediately adjacent thereto
on either side, but no yard shall be less than 15 feet, nor need any
front yard have a greater depth than 25 feet.
[Amended 9-27-1999 by Ord. No. 1673]
(7)
Reduction in rear yards. When a lot is less than 100
feet deep at the time this Part 1 is adopted or amended, the rear
yard may be decreased one-fourth (1/4) of the distance that the lot
depth is less than 100 feet; provided, however, that no rear yard
shall be less than 10 feet in depth.
(8)
Decks. Decks in all residential districts shall be
required to comply with all maximum coverage and setback requirements
when they are more than three feet in height. Decks that are three
feet or less but more than eight inches in height off the ground shall
not be included in the maximum coverage requirement, but rear and
side yard setback requirements shall apply. When decks are eight inches
or less in height, they shall not be included in maximum coverage
requirements and side yard setback requirements but shall be required
to comply with all other setback requirements. Notwithstanding any
of the above, a deck which is no more than 200 square feet in size
and has no side which is greater than 20 feet in length shall not
be required to meet maximum coverage requirements.
[Added 10-23-1989 by Ord. No. 1384]
E.
Height exceptions.
(1)
In Zones A, B, C and D, the height limitations shall
strictly apply.
(2)
In Zones E and F, the height limitations of this Part 1 shall not apply to church spires, belfries, cupolas, chimneys, smokestacks, water towers, flagpoles, transmission towers, transmitting or receiving antennas and standpipes; provided, however, that construction, erection or alteration of a structure in Zones E and F in excess of the applicable height limitation shall be considered a special exception and shall be treated in accordance with the provisions of Article VIII, § 390-33, of this Part 1.
(3)
Nothing in this Part 1 shall prevent the erection
above an applicable height limitation of a parapet wall or cornice
extending above such height limitation not more than three feet.
F.
Building height. Building height shall be measured
from the average curb height and shall apply from the front setback
line. Where, however, the land slopes upward from the front curbline
to the rear, the difference in height from the front curbline to the
setback line shall be added to the permissible height of the finished
building when measured from the curbline. It shall be unlawful to
regrade the property so as to increase the height above the curbline.
[Added 10-22-1984 by Ord. No. 1269;
amended 7-8-1985 by Ord. No. 1285]
G.
Basement. The basement shall be that portion of a
building included between the upper surface of a floor and the upper
surface of the floor or roof above which is partly or completely below
grade; provided, however, that a basement shall be considered a story
when the distance from grade to the finished surface of the floor
above the basement is more than four feet for more than 50% of the
total perimeter or more than 12 feet at any point.
[Added 10-22-1984 by Ord. No. 1269;
amended 7-8-1985 by Ord. No. 1285; 5-29-1990 by Ord. No. 1406; 8-10-1992 by Ord. No.
1479; 12-28-1992 by Ord. No. 1484]
H.
Story. A story is defined as that portion of a building
included between the upper surface of a floor and the upper surface
of the floor or roof next above; provided, however, that a basement
shall be considered a story when the distance from grade to the finished
surface of the floor above the basement is more than four feet for
more than 50% of the total perimeter or more than 12 feet at any point.
[Added 10-22-1984 by Ord. No. 1269;
amended 7-8-1985 by Ord. No. 1285; 5-29-1990 by Ord. No. 1406; 8-10-1992 by Ord. No.
1479; 12-28-1992 by Ord. No. 1484]
I.
One-half story. A one-half story is defined as that
portion of a building having an average clear height of not more than
six feet which shall only be used as an attic or for storage and shall
not be habitable.
[Added 5-29-1990 by Ord. No. 1406; amended 8-10-1992 by Ord. No. 1479; 12-28-1992 by Ord. No. 1484]
A.
Access driveways and walkways to uses prohibited in
Districts A and B. In Districts A and B, no driveway or walkway shall
be permitted which provides access to any use or structure not permitted
in Districts A and B. This section shall be interpreted to prohibit
in Districts A and B any driveway or walkway providing access to uses
or structures situated in any adjacent districts which, though permitted
in such adjacent district, are not permitted in Districts A and B.
B.
Side yard and rear yard transition. Where a lot in
a business or industrial district abuts a lot in a residential district,
there shall be provided in the lot in a business or industrial district
along such abutting lines a yard no smaller in width or depth than
that required in the residential district.
C.
Front yard transition. Where the frontage on one side
of a street between two intersecting streets is zoned partly as residential
and partly as business or industrial, the front yard depth in the
business or industrial district shall be no smaller than the required
front yard depth of the residential district.
D.
Corner lots transition. A building erected on a corner
lot shall be required to comply with the setback line on only its
narrow street front. In cases where the two frontages of a corner
lot vary in length, the lot shall be deemed to be situated on the
street containing the narrower frontage, in computing the average
setback line. Where the two street frontages of a corner lot are of
the same length, the owner may elect which street is to govern the
setback line of the building.
[Amended 10-23-1989 by Ord. No. 1384]
[Amended 5-12-1986 by Ord. No. 1303; 10-23-1989 by Ord. No. 1384]
No fence, wall or structure or planting used
as a fence shall be permitted in any residential district, except
as permitted by the Ridgefield Swimming Pool Ordinance[1] and except as follows:
A.
No fence, wall or structure or planting used as a
fence which is more than six feet in height shall be permitted in
a rear or side yard.
B.
No fence or structure or planting used as a fence which is more than four feet in height shall be permitted in a front yard; provided, however, that for corner lots, the front yard shall be determined in accordance with § 390-22D so that the narrower side of the lot shall constitute the front yard. In cases where the two street frontages of a corner lot are of the same length, the owner may elect which side of the lot shall constitute a front yard for purposes of this Part 1.
[Amended 8-5-1991 by Ord. No. 1448]
C.
No solid masonry wall which is more than three feet
in height shall be permitted in a front yard.
D.
No solid board fence shall be permitted.
E.
No fence shall be permitted with the finished side
facing toward the homeowner's property, except:
(1)
When the fence abuts property used for commercial
purposes;
(2)
When the fence abuts Borough-owned property;
(3)
When the fence abuts Wolf Creek;
(4)
When the fence abuts an area which contains vegetation
or landscaping which substantially prevents the fence from being seen
from the adjoining property; or
(5)
When the fence abuts an opaque fence.
F.
No stockade fence shall be permitted in the front
yard.
[Amended 11-20-1995 by Ord. No. 1541]
G.
Visibility at intersections. On a corner lot in any
residential district, no fence, wall, hedge or other structure or
planting more than three and one-half (3 1/2) feet in height
shall be erected, placed or maintained within the triangular area
formed by the intersecting street lines and a straight line joining
said street lines at points which are 30 feet distant from the point
of intersection measured along said street lines.
[Added 4-22-2013 by Ord. No. 2224; amended 9-9-2013 by Ord. No.
2233]
A.
ARCHITECTURAL WALL
LANDSCAPE RETAINING WALL
RETAINING WALL
RETAINING WALL HEIGHT
STRUCTURAL RETAINING WALL
TOE OF THE WALL
TOP OF THE WALL
WALL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A wall that is purely decorative in nature and does not stabilize
any surface, prevent erosion, or protect a structure.
A wall that is constructed between lands of different elevations
to stabilize the surfaces, prevent erosion, and/or protect structures,
but does not exceed 18 inches in height.
A wall that is constructed between lands of different elevations
to stabilize the surfaces, prevent erosion, and/or protect structures.
The height of a wall shall be measured from the toe of the
wall to the top of the wall.
A wall that is constructed between lands of different elevations
to stabilize the surfaces, prevent erosion, and/or protect structures,
and is greater than 18 inches and less than four feet in height.
The intersection of the face of a wall and the adjacent ground
at the base of the wall.
The highest elevation of any part of the wall.
Any permanent upright structure having a length at least
three times greater than its thickness and presenting a continuous
vertical surface.
B.
Regulations applicable to all architectural and retaining walls.
C.
Regulations pertaining to architectural walls.
(1)
Maximum height. Architectural walls shall not exceed a height
of three feet.
(2)
Fencing, as permitted in residential use, may be placed on top
of architectural walls. The use of barbed wire or wire on which barbs
or points are strung is prohibited.
(3)
Architectural walls may be constructed of brick, stone, or other
durable materials, but may not be constructed of cinderblock.
(4)
Any architectural wall facing on a street or property line shall
have the finished surface exposed to said street or property line.
D.
Regulations pertaining to retaining walls.
(1)
Landscape retaining walls.
(a)
Landscape retaining walls shall not be located closer to a property
line than twice the height of the wall, provided that if the grade
shall be raised, said wall shall be no closer than five feet from
the property line.
(b)
Landscape retaining walls shall be constructed of stone, brick,
or other materials, with the exception of cinderblock.
(2)
Structural retaining walls.
(a)
Construction of all structural retaining walls shall require the issuance of a construction and zoning permit, other than when constructed as a component of an approved site plan. For structural retaining wall projects not requiring lot grading plans per § 390-136B(13), the Zoning Officer, upon review of the construction/zoning permit application, shall forward the permit and application to the Construction Official who, upon completion of his/her review thereof, may require that the applicant obtain a lot grading plan approval pursuant to the requirements of § 390-136B(13).
(b)
All structural retaining walls shall be designed by a New Jersey
licensed design professional engineer or architect with signed and
sealed plans submitted to the Engineer for review and approval if
a lot grading plan is required; otherwise, if no lot grading plan
is required, then the same shall be submitted to the Construction
Official for verification that the structural retaining wall was designed
by the specified professional.
(c)
The construction of all structural retaining walls shall be
inspected by a New Jersey licensed design professional engineer or
architect, and a signed and sealed certification that the wall has
been properly constructed shall be submitted to the Engineer upon
completion of the wall.
(3)
Height of retaining walls in any residential district.
(a)
The maximum height of any retaining wall, section of retaining
wall, or tier of a retaining wall shall be four feet.
(b)
Multiple, staggered or tiered walls shall be considered single
walls, provided there is a minimum horizontal distance between the
top of any single section or tier and the base (toe) of the next higher
section or tier equal to at least 1 1/2 times the height of the
lower section or tier. If there are more than three single sections
or tiers, the minimum horizontal distance between the top of any single
section or tier and the base (toe) of the next higher section or tier
shall be at least two times the height of the lower section or tier.
(c)
Structural retaining walls which are generally parallel to and
within 10 feet of a sidewalk are limited to a height of 30 inches.
(4)
Location of structural retaining walls.
(a)
No portion of a structural retaining wall shall be located within
10 feet of a dwelling, unless the structural retaining wall is an
extension of a building foundation wall.
(b)
No portion of a structural retaining wall shall be located within
15 feet of any aboveground structure, such as a deck, unless the structural
retaining wall is an extension of a building foundation wall.
(c)
A structural retaining wall shall be located no closer than
five feet to a property, or twice the height of the wall or wall segment,
whichever is greater. The applicant must demonstrate that a structural
failure of the retaining wall will not have an adverse impact on any
adjoining property.
(5)
Design of structural retaining walls.
(a)
Plans for structural retaining walls shall demonstrate how all
segments of the structural retaining wall, including any area located
between two tiered wall sections, commonly known as the bench area,
will be maintained.
(b)
Plans shall demonstrate how the structural retaining wall will
be replaced at the end of the wall's useful life.
(c)
The bench, or area between the top of one tier and the bottom
(toe) of the next higher tier, shall have a minimum grade of 2% to
allow for positive drainage.
(d)
Structural retaining walls may be constructed of stone, brick,
or other durable materials, with the exception of cinderblock.
(e)
No landscaping shall be installed in the vicinity of any structural
retaining wall with a root system of such magnitude to exert lateral
pressure, or otherwise cause damage to the wall assembly.
[Added 10-23-1989 by Ord. No. 1384]
All exterior mechanical equipment in residential
zones, including but not limited to air-conditioning units, heat pumps
and swimming pool pumps, shall not be located within 10 feet of any
property line and shall not be located within 15 feet of any residential
structure on an adjoining property and shall not be permitted within
either the front or side yard of the premises.
[Added 10-23-1989 by Ord. No. 1384; amended 3-8-2004 by Ord. No. 1857; 9-19-2018 by Ord. No. 2344]
For all lots on which there are structures used for one- and
two-family residential purposes, the following regulations shall apply:
A.
CURB OPENING (CURB CUT/DROP CURB)
DRIVEWAY APRON
DRIVEWAY
The following definitions shall apply to this section:
The opening along the curbline at which point vehicles may
enter or leave the roadway.
Driveway area extending from the curb to the sidewalk. Whenever
there is no sidewalk or curb, the driveway apron shall extend from
the gutter line of the pavement to the street line.
A paved area used for ingress or egress of vehicles and allowing
access from a street to a lot, building or other structure or facility.
B.
The width of driveways in front yards shall not exceed 12 feet per
building lot, except that properties with garage openings of two cars
or more, driveway widths may be 23 feet.
C.
There shall be no more than a single driveway and curb opening for
each lot to which the section applies. Contiguous lots that are used
jointly in connection with a single residential structure are to be
considered a single lot for purposes of this section.
D.
Automobiles may be parked only on the impervious area of a driveway
and not on any other part of a front yard.
E.
Driveway aprons, at the point where the apron meets the sidewalk
or driveway, shall be no wider than the width of the driveway in the
front yard. Curb openings may be no wider than 1.25 times the width
of the driveway apron, and aprons may be angled so that the opening
at the curb is wider than the opening where the apron meets the sidewalk
or driveway.
F.
Whenever new sidewalks shall be constructed or existing sidewalks
shall be reconstructed, and whenever there is an existing curb, or
a curb is to be constructed in conjunction with the sidewalk driveway,
aprons shall be of concrete. All concrete driveway aprons shall extend
from the curb to the sidewalk.
G.
Driveway widths shall be measured from the two widest points of the
driveway irrespective of whether the area within those points is fully
paved.
H.
Driveways shall be constructed of either macadam, concrete, or concrete
or clay pavers. For purposes of this section, concrete or clay pavers,
once installed, are to be considered an impervious surface.
[Added 9-21-2016 by Ord.
No. 2310]
Notwithstanding any other contrary provisions as contained in
this chapter, the renting or leasing of a dwelling unit for residential
occupancy for a period of 30 days or less is not a permitted use by
or within the Borough of Ridgefield as more specifically provided
in Ordinance No. 2310-2016, as appears in the Ridgefield Code, the
terms and provisions of which are incorporated into this provision
of the Zoning Ordinance.
[Added 10-23-1989 by Ord. No. 1384]
All dog runs in residential districts shall
be located a minimum of 10 feet away from the property line.
