Exceptions to the requirements of this chapter
are permitted under the following terms and conditions:
A.
Height. The height limitations of this chapter shall
not apply to church spires, belfries, cupolas, domes, chimneys or
flagpoles, provided that the same shall not exceed the prescribed
height for the district in which located by more than 50%.
(1)
The height limitations of this chapter shall not apply
to radio and television antennas, provided that no such antennas shall
exceed the height of the principal building upon which located by
more than 15 feet.
(2)
Elevator enclosures, condensers, exhaust fans or other
similar structures constructed upon the roof of a building and occupying
in the aggregate 20% or less of the area of the roof upon which the
same are located shall not be included as part of the height of the
building for the purposes of the regulations and restrictions of this
chapter. Such structure or device shall in no event have a height
greater than is necessary to accomplish the purpose it is designed
to serve.
(3)
Parapet walls may extend not more than four feet above
the height limit.
(4)
A basement shall not be included as a story in determining
the height in stories of a one-family or two-family dwelling if the
basement is not used as a dwelling unit. Such basement area of a one-
or two-family dwelling may be improved with a room or rooms supplementing
a dwelling unit located in above stories, but such improved rooms
in a basement shall not constitute a separate and distinct dwelling
unit, provided that the construction does not violate any other section
of this chapter.
B.
Existing lots of record. Any lawfully created lot
having an area or width less than that prescribed for a lot in the
district in which such lot is located may nevertheless be used as
a lot for a permitted purpose in that district, provided that:
(1)
The owner owns no adjoining land nor owned any adjoining
land at the date of adoption of this chapter.
(2)
The lot has not less than 80% of the area and not
less than 80% of the frontage required in the district in which located.
(3)
The required side yard for a lot having less than
the minimum width may be reduced to not less than 80% of the required
side yard and required total of both side yards required for the district.
(4)
In any district where residences are permitted, such
undersized existing lot of record may be used for not more than one
single-family dwelling.
C.
Projections into required yards.
(1)
Cornices, gutters and eaves may project into any required
yard not to exceed two feet six inches.
(2)
Leaders, sills or similar structural features may
project not more than one foot into any required yard.
(3)
Awnings serving a door or window may project into
a required yard not to exceed three feet.
(4)
Bow or bay windows may project into a required yard
not to exceed two feet.
(5)
A chimney, smokestack or flue may project into a required
rear yard not to exceed five feet.
(6)
Open fire escapes may project four feet into any required
side or rear yard.
(7)
Unenclosed balconies, porches, steps and decks.
(a)
Unenclosed balconies, unenclosed porches and
unenclosed steps are not to exceed the sizes listed:
|
Yard
|
Maximum Projection
(feet)
|
Maximum Area
(square feet)
| |
|---|---|---|---|
|
Front
|
4
|
50
| |
|
Side (at least 7 feet)
|
4
|
40
| |
|
Rear
|
4
|
50
|
(b)
An unenclosed deck may project into a required
rear yard for a depth of 10 feet and a total area of 150 square feet,
provided that such deck is not located closer than 10 feet to any
other building or accessory building.
(8)
Patios may be located in the side or rear yard, provided
that such patio is located no closer than three feet to a property
line.
Every principal building shall be built upon
a lot which has frontage upon a public street.
Fences may be located in any required yard subject to the requirements of Chapter 135, Fences, of the Code of the Borough of Palisades Park.
Notwithstanding any other requirement of this
chapter, for the purpose of minimizing traffic hazards at street intersections,
on any corner lot, no hedge, fence, wall or other obstruction to vision
between a height of 21/2 feet and 10 feet above the adjacent center
line elevation shall be located within the triangular area formed
by the intersecting street right-of-way lines and a line joining points
each 25 feet distant from said intersection along said street right-of-way
lines. Such requirement shall not pertain to street name signs.
A.
An accessory building attached to the principal building shall comply in all respects with the requirements of this chapter applicable to the principal building except underground parking facilities as permitted in Article IV.
B.
An accessory building or use shall not be located
in the front yard on any lot nor shall an accessory building be located
within the side yard abutting a street in the case of a corner lot.
C.
An accessory building shall not be located closer
than 10 feet to a principal building nor within six feet of another
accessory building.
D.
No accessory building shall be used for dwelling purposes.
E.
Within any district designated as an AA District,
an accessory building or use to a one- or two-family dwelling may
be located in the required rear yard. No accessory building shall
exceed a height of 11/2 stories. An accessory building to a one- or
two-family dwelling shall not be located closer than four feet to
any side or rear lot line except that this jurisdiction shall not
prevent the building of common or joint private garages upon adjoining
lots. An accessory building to a one- or two-family dwelling exceeding
a height of 12 feet shall not be located closer than six feet to any
side or rear lot line. Accessory buildings accessory to nonresidential
uses in the AA District shall not encroach upon any required yard.
F.
Within any district designated as AA District, in
the case of a through lot, no accessory building shall be erected
or altered so as to encroach upon that 1/4 of the lot depth nearest
each and every street.
G.
With any district designated AA District, no accessory
building shall be located within five feet of the rear lot line or
the side lot line when such line forms part of the front half of the
side line of an adjacent interior lot or the front quarter of an adjacent
through lot.
H.
Within any zoning district, no accessory building
shall exceed a height of 11/2 stories in any district.
I.
Within the AA District, no swimming pool accessory
to a one-family or two-family dwelling shall be placed nearer than
six feet to any side or rear lot line or in any case nearer to a street
than the principal building to which it is accessory.
J.
All accessory buildings or structures shall be computed
with the principal building in determining the coverage of the land.
Accessory structures accessory to a one-family or two-family dwelling
shall not occupy more than 30% of the required rear yard.
K.
In any nonresidential district, no accessory building
shall be located closer to any lot line than is required for the principal
building on such lot.
L.
No accessory use shall be operated and no accessory
building or structure shall be erected on any lot prior to the time
of operation of the principal use or of the construction of the main
building to which it is accessory, as the case may be.
M.
Any accessory use or accessory building or structure
shall be located on the same lot with the principal use or building
to which it is accessory, except that off-street parking may be located
on another lot when specifically permitted by this chapter.
A.
All awnings and canopies attached to the ground or
to a building shall be thoroughly and rigidly secured and shall be
repaired and maintained as necessary to keep them secure, safe and
free from causing any danger or damage to persons or property.
B.
No awning or canopy shall be erected or maintained
so as to obstruct access to any fire escape, window, door, exit or
standpipe or obstruct passage by either vehicular or pedestrian traffic
on any public or quasi-public right-of-way.
C.
All canopies and awnings shall have a minimum clearance
of seven feet, measured from the bottom of canopy or awning, and shall
not project more than 18 inches in front of the building facade.
D.
A maximum of one awning may be placed upon the front
facade of the building.
E.
A maximum of one canopy may be placed over the principal
entrance to the building, provided that no awning is placed upon the
front facade of said building.
A.
Where the rear and/or side lot line of premises in
B-1, B-2, M-1 or M-C Districts abut premises in a residential district,
a buffer strip of at least 25 feet in width shall be maintained along
such side and/or rear lot line in the B-1, B-2, M-1 or M-C District.
Such buffer strip shall not be devoted to buildings or storage and
shall be landscaped. Such buffer strip may be used for off-street
parking, provided that no parking space is located within 10 feet
of a lot in a residential district, and a fence, hedge or decorative
wall is provided. Such 10 feet shall then be devoted to landscaping.
B.
In any case the Planning Board may require a fence,
hedge or decorative wall along any side and/or rear lot line of premises
in the B-1, B-2, M-1 or M-C District where such district abuts residential
premises as part of its site plan review, when, in the opinion of
the Planning Board, such fence, hedge or wall will afford protection
and/or privacy to the residential premises.
Community residences for the developmentally
disabled and community shelters for victims of domestic violence shall
be a permitted use in all residential districts, subject to the following:
Child-care centers shall be governed by the
following:
A.
Outdoor space requirements shall be as follows: For
children in attendance for three or more consecutive hours, the center
shall provide a minimum of 150 square feet of net outdoor space. When
more than five children are using such a space at one time, there
shall be 30 square feet of net outdoor space for each additional child
in addition to the required minimum of 150 square feet.
B.
The proposed outdoor play area shall be designed with
sufficient dimensions and orientation to enable its conversion to
a parking area which would serve the building if it were occupied
for an alternative permitted use. An applicant for a day-care facility
shall be required to submit a sketch layout indicating the prospective
conversion of play area to parking use, including the location of
access aisles, stall dimensions, location of parking spaces and provision
of an area for perimeter landscaping, as provided by ordinance.
C.
One off-street parking space shall be provided for
every five children for which the center is designed to accommodate.
D.
Such facility shall comply with all applicable governmental
requirements and shall be licensed by the New Jersey Department of
Human Services.
E.
A child-care facility may be permitted to occupy an
entire building or a portion of an existing building which is partially
occupied by other uses, irrespective of any other ordinance limitations
on the number of principal permitted uses allowed on a lot.
Security gates shall be permitted within the
B-1, B-2, M-1 and M-C Zones, provided that they are installed on the
interior of the windows and/or doors of a structure.
The building area shall include the aggregate
of the areas of all enclosed and roofed spaces of the principal building
and accessory buildings. Such area shall be computed by using outside
building dimensions measured on a horizontal plane. Unroofed patios
shall not be considered as building area.
A.
Purpose. It is the purpose of this section to protect
the health, safety and welfare of the people and property within the
Borough from improper construction, building and development in areas
of poor environmental conditions.
B.
Applicability. This section shall apply to all applications
for major site plan and subdivision approval.
C.
Critical environmental conditions. The following environmental
conditions shall be considered to have a significant negative impact,
and development densities shall be adjusted in accordance with the
formulas which follow:
(1)
Flood hazard area: the stream or river channel and
the predominantly level area abutting the channel as identified within
the one-hundred-year floodplain line shown on the latest map prepared
by the United States Department of Housing and Urban Development or
any other stream corridor which meets the one-hundred-year floodplain
design criteria as currently promulgated by the State of New Jersey
Department of Environmental Protection.
(2)
Wetlands: any area identified on the maps prepared
by the United States Army Corps of Engineers as a wetland or any area
which exhibits soil and vegetation types which would require classification
as a wetland using the criteria established by the United States Army
Corps of Engineers.
(3)
Ponds or lakes: any body of water with a surface area
exceeding 1/2 acre with a mean depth exceeding three feet.
(4)
Critical soils: all areas identified in the most recent
edition of the Soil Survey of Bergen County. Where a discrepancy may
exist between soil survey mapping and actual field conditions, a site-specific
soils report certified by a soils engineer may be substituted, if
said report is approved by the Borough Engineer.
(5)
Steep slopes: all areas which have a slope of 20%
or more, measured between two-foot contour intervals on a recent topographic
map of the site prepared by field survey, photogrammetric interpretations
or other acceptable method at a scale of not less than one inch equals
100 feet.
D.
Density computations.
(1)
Residential zones. The minimum lot size and bulk requirements
shall be as listed in the Schedule of Area, Yard and Bulk Requirements.[1] The permitted density of development shall be reduced
for all areas of a development site containing any of the critical
environmental conditions enumerated above in accordance with the following
table. In cases where certain areas of the site have two or more of
the conditions listed above, the reductions shall be governed by the
most restrictive condition.
|
Critical Conditions
|
Density Adjustment1
(percent)
| |
|---|---|---|
|
Flood hazard area
|
100%
| |
|
Wetland
|
100%
| |
|
Pond or lakes
|
100%
| |
|
Critical soil
|
50%
| |
|
Steep slope, 20% to 29%
|
60%
| |
|
Steep slope, 30% or more
|
80%
|
|
NOTES:
| |
|---|---|
|
1 Apply the density
adjustment factor to that portion of the site containing the above-noted
environmentally sensitive features.
|
[1]
Editor's Note: See Schedule II at the end
of this chapter.
(2)
Nonresidential zones. The percentage of maximum lot
coverage permitted for each zone shall be applied against the net
lot area for any specific site calculated by reducing the gross lot
area by percentages listed in the following table:
|
Critical Conditions
|
Density Adjustment1
(percent)
| |
|---|---|---|
|
Flood hazard area
|
50%
| |
|
Wetland
|
80%
| |
|
Pond or lakes
|
80%
| |
|
Critical soil
|
50%
| |
|
Steep slope, 20% to 29%
|
60%
| |
|
Steep slope, 30% or more
|
80%
|
|
NOTES:
| |
|---|---|
|
1 Apply the density
adjustment factor to that portion of the site containing the above-noted
environmentally sensitive features.
|
[Added 12-18-2012 by Ord. No. 1586]
A.
Landscaping
gravel and stone should be confined to planting/landscaping beds and
is not for general use for complete yard coverage.
B.
Landscaping
gravel and stone shall be maintained by the property owner.
C.
Landscaping
gravel and stone shall be utilized and constructed in a manner that
allows stormwater to permeate the ground, thus not increasing impervious
surface coverage.
[1]
Editor's Note: Former § 300-24.1,
Duplex buildings prohibited, added 5-16-1996 by Ord. No. 1239, was
repealed 5-20-1997 by Ord. No. 1272.
[1]
Editor's Note: Former § 300-24.2,
Number of retail uses per tax lot, added 5-16-1996 by Ord. No. 1239,
was repealed 4-19-2005 by Ord. No. 1443.
[Added 3-16-2004 by Ord. No. 1426; amended 4-19-2005 by Ord. No.
1443]
Duplexes shall be allowed in District AA as
permitted uses, providing the following provisions are met:
A.
The lot must have a minimum fifty-foot frontage and
a minimum lot area of 5,000 square feet.
B.
The minimum front yard setback shall be 25 feet, or
the front yard setback may be the average of the existing setback
of residences on the same side of the street within the same block,
except that the setback in no case need exceed 35 feet nor shall be
less than 20 feet.
C.
The minimum rear yard setback shall be not less than
25 feet.
D.
The minimum side yards must total no less than 12
feet and each side yard not be less than six feet. On any lot in excess
of 50 feet in width, each side yard shall be increased by 1/3 of such
excess.
E.
The maximum building height shall not exceed 28 feet
measured from the grade plane to the average height of the highest
roof surface. A foundation location survey prepared by a land surveyor
licensed in the State of New Jersey shall be submitted to the Construction
Official prior to backfilling and shall show all building corners
of the foundation along with the surveyor's certification as to the
total square foot area of the foundation footprint.
F.
In no case may the foundation footprint of a duplex exceed 2,500 square feet regardless of the size of the building lot. Cantilevers and/or building projections other than those listed in the Code of the Borough of Palisades Park, Chapter 300, Article III, § 300-11C are to be considered as an integral part of the foundation footprint.
G.
The duplex home must contain a minimum of two two-car
garages for a total of four-car parking in enclosed garages.
H.
The driveway to all garages must be constructed to
accommodate additional off-street parking spaces measuring not less
than nine feet wide by 18 feet long for each car so as to total eight
off street parking spaces when combined with the enclosed garages.
I.
Prior to the issuance of a building permit, the applicant
shall remit a nonrefundable fee of $1,000, payable to the Palisades
Park Tree Preservation Fund, which is to be specifically earmarked
for the planting of a new tree or trees or the removal of an old tree
or trees at a location or locations so determined by the Environmental
Commission, which location may or may not be in the location of the
duplex homes, within the sole discretion of the Environmental Commission.
J.
Duplex homes shall be permitted to be constructed
on corner lots subject to the following conditions:
(1)
The lot frontage shall be established as the
street side of the shorter lot dimension regardless of the location
of the main entrance.
(2)
The lot must have a minimum of fifty-foot frontage
and a minimum lot area of 5,000 square feet.
(3)
The minimum front yard setback shall be 25 feet,
or the front yard setback may be an average of the existing setbacks
of the residences on the same side of the street within the same block,
except that the setback in no case need exceed 35 feet nor shall it
be less than 20 feet.
(4)
The minimum rear yard setback shall be not less
than 25 feet.
(5)
The maximum building height shall not exceed
28 feet measured from the grade plane to the average height of the
highest roof surface.
(6)
In no case may the foundation footprint of a
duplex built on a corner lot exceed 2,500 square feet.
(7)
The side yards shall be set back 15 feet on
the street side and five feet on the opposite side.
(8)
The driveways shall measure not less than nine
feet in width and 18 feet in length per each car.
(9)
Each corner lot shall establish and maintain
a "sight triangle" measuring 25 feet in both directions along the
public right-of-way lines for both streets. There shall be no construction,
including but not limited to fences, hedges, plantings or obstructions,
within "sight triangles" of any kind which exceed 18 inches in height
when measured from the level of the center of the streets.
K.
Unenclosed balconies, unenclosed porches and/or unenclosed
steps may project into a required side yard not to exceed three feet
on all duplexes, except no projection shall be permitted on the five-foot
side yards of duplexes situated on corner lots.
L.
Each individual dwelling unit shall have separate
facilities, such as water, sewer, gas, fire, alarm systems and/or
electric, and may not be connected to, tied into or joined with the
adjacent dwelling unit at any point from the building to the point
of origin of such facility in the street or wherever.
M.
Site drainage. All on-site stormwater runoff whether
from driveways, roofs, surface water, roof leaders or any other on-site
sources shall be directed by underground piping to such stormwater
facilities as may be located in the street or other public rights-of-way.
If no such public facilities are available, then all such on-site
stormwater runoff shall be directed by underground piping into seepage
pits installed onsite for that sole purpose. The size, capacity, location
and construction of all such seepage pits shall be designed by a New
Jersey registered architect or New Jersey licensed engineer and shall
be submitted to the Borough Engineer for approval as a condition precedent
to the issuance of a building permit, In no case may on-site stormwater
be directed onto any neighboring or adjacent properties. The applicant
for a construction permit shall be required, in addition to any other
permit fee, to pay the sum of $250 to the Building Department for
such review and inspection of all such seepage pits.
N.
Retaining walls. Retaining walls where needed to raise
the adjacent grade shall not be permitted to exceed four feet above
the low side. In the event said retaining wall when constructed to
a point four feet above the low side proves insufficient in height
to establish the required grade, a second retaining wall may be constructed
to a point three feet above the low side and parallel to the first
retaining wall but the space between said walls shall not be less
than six feet.
O.
Guards. Where retaining walls with difference in grade
level on either side of the wall in excess of three feet are located
closer than two feet to a walk, path, parking area or driveway on
the high side, such retaining walls shall be provided with appropriate
guards measuring not less than three feet in height.
P.
Fences. Where fences are constructed along or close
to property lines, such fences shall be situated so that the finished
side shall face neighboring or adjacent properties. In the case of
chain link fencing, the fabric side shall face neighboring or adjacent
properties and, in the case of wood fencing, the supporting posts
and back rails shall not face the neighboring or adjacent properties.
Agricultural-type fencing materials (barbed or mesh wire, etc.) shall
not be allowed anywhere.
