A. Accessory structures which are not attached to a principal structure may be erected in one-half () of the required side yard setback or within the rear yard, except on the street side of a corner lot, provided that:

(1) Accessory structures shall maintain the minimum yard requirements of the principal structure.

(2) No accessory structure shall be located closer to the street right-of-way line than the required front yard setback of the principal structure.

(3) No portion of an accessory structure shall be used for living quarters.

(4) Accessory structures below grade shall have a minimum rear or side yard, when not abutting a street, of five (5) feet.

B. When an accessory structure is attached to the principal building, it shall comply in all respects with the requirements of this ordinance applicable to the principal building, including lot coverage.

C. No accessory building or structure shall be constructed or placed on any lot unless the principal building is first constructed or placed upon said lot.

D. No accessory structure shall be placed nearer than ten (10) feet from any principal building.

E. In all residential districts the height of an accessory building shall not exceed the one and one-half stories or a height of fifteen (15) feet.

F. Accessory buildings in the R-3 zone shall not exceed three (3) stories even if the principal building is in excess of five (5) stories. In no event shall the height of an accessory building in the R-3 zone exceed the height of the principal building.

G. In the R-3 District, the minimum height of a multiple-family dwelling shall be five (5) stories above grade and, for non-residential structures, a minimum of three (3) stories above grade, except that churches, synagogues and similar houses of worship need not exceed one (1) story in height above grade.

A. In any nonresidential district, no accessory structure or use shall be located closer to any lot line than five (5) feet. Said requirements shall not apply to retaining and decorative walls and fences, provided same do not exceed seven (7) feet in height.

B. Accessory structures below grade shall have a minimum rear or side yard when not abutting a street, of five (5) feet.

C. In any nonresidential district, no accessory structure shall be located closer to any lot line than is required for the principal building on such lot.

D. In any nonresidential district, the aggregate area covered by accessory structures shall not exceed twenty-five percent (25%) of the rear yard, exclusive of required buffer areas.

E. In any nonresidential district, all accessory structures shall be located no less than twelve (12) feet from the side or rear of the principal building.

F. In any nonresidential district, no accessory structure shall be located closer to the street right-of-way line than the required front yard setback of the principal structure.

G. When an accessory structure is attached to the principal building in all nonresidential districts, it shall comply in all respects with the requirements of this ordinance applicable to the principal building including lot coverage.

H. No portion of an accessory structure in any nonresidential district shall be used for living quarters.

I. In all non-residential districts, the height of the accessory structure shall not exceed two stories or twenty (20) feet.

J. Any garage structure whether attached to or detached from the principal building shall be treated as an accessory structure for purposes of building height.

A. The following accessory retail and service uses shall be permitted within hotels.

(1) Banks

(2) Barber and Beauty Shops

(3) Book and Stationery Stores

(4) Confectionery and Tobacco Sales

(5) Dry Cleaning Establishments

(6) Restaurants, Eating and Drinking Establishments

(7) Florist Shops

(8) Travel Agencies and Automobile Rental Services

B. All of the permitted accessory uses identified herein must be entirely contained within the hotel building. Direct access from the outside shall be prohibited. Such space shall have no exterior signs or other appurtenances of any kind whatsoever.

A. The following accessory retail and service uses shall be permitted within office buildings, provided that they are located only on the first floor.

(1) Banks

(2) Barber and Beauty Shops

(3) Book and Stationery Stores

(4) Confectionery and Tobacco Sales

(5) Newspaper Stands

(6) Restaurants, Eating and Drinking Establishments that shall not be limited to any floor location.

B. All of the permitted accessory uses identified herein must be entirely contained within the building. Direct access from the outside shall be prohibited. Such space shall have no exterior signs or other appurtenances of any kind whatsoever.

A. No fence or other manmade enclosure shall exceed six feet in height at any point, as measured from existing ground levels. In the case of commercial property that abuts a residential property, no fence or other manmade enclosure shall exceed seven feet in height except along the property line common to the residence, where the six-foot limit shall apply.

B. No fence coming within 15 feet of a corner at two intersecting streets shall exceed four feet in height, nor shall such fence be solid-surfaced.

C. No fence or enclosure shall exceed four feet in height on any portion of the front setback, as measured by a line extending from the front face of the prime structure to each side property line. Any property in question that borders on two streets, commonly known as a "corner property", shall also have the restriction of four feet as to the front yard setback, and, in addition, such restriction shall be applied to the street side setback up to a line extending from the rear face of the prime structure to the street side property line.

D. No fence or other enclosure shall be erected closer than 10 feet to the curbline of the property.

E. All fences shall be installed or erected as close to the ground as possible. The total height of the fence may exceed six feet where otherwise permissible to conform to existing ground heights; provided, however, that 80% of the fence does not exceed the maximum height of the six feet. Decorative type structural posts may extend no more than 6" above the top of the fence.

F. Fences must be constructed with the face or finished side away from the property and the structural side toward the interior of the property.

G. Fences or other manmade enclosures shall be installed no closer than three inches to the property line. Living fences or screens shall be planted no closer than 12 inches to the property line. These provisions can be amended by the application submitted and agreement by both adjoining property owners to construct the fence, man-made or living, closer to or upon the common property line.

H. Fences shall be erected in a manner so as to permit the flow of natural drainage and shall not cause surface water to be dammed so as to create ponding.

I. Fences or other enclosures shall be maintained in such a manner as to assure the structural integrity of the fence, to prevent all or portions of the fence from encroaching over the property line of adjoining owners, and shall be further maintained so as to prohibit an unsightly appearance to adjoining property owners. "Unsightly appearance" shall include the following:

1. Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from extending beyond the height limitations imposed under this chapter.

2. Living fences that are not neatly trimmed so as to prevent leaves, branches or trunks from growing beyond the property line over to the adjoining properties.

3. Painted fences or other enclosures whereon paint has chipped or peeled from more than 15% of the surface area of the fence.

4. Fence posts which have become loosened or which were installed in such a manner as to be leaning more than 5 degrees from the fence line.

5. In the case of picket fences, where more than 10% of the picket fences have fallen, been removed or rotted in any given ten-linear-foot section of such fence.

6. In the case of slatted or other solid-wall fences, where more than 10% of the surface of the fence has been removed, fallen or rotted in any given ten-linear-foot section of such fence.

J. The following fences and fence materials are specifically prohibited: barbed wire, chicken wire, pointed iron slats or pickets, canvas, cloth, fiberglass, poultry netting, electrically charged fences, temporary fences such as snow fences, except where necessary for active construction, and collapsible fences, except during active construction.

K. No fence shall be erected in such a manner so as to interfere with the public right-of-way or interfere with the visibility of vehicular and pedestrian traffic proceeding along any public right-of-way.

L. Masonry walls or enclosures shall not exceed four feet in height along any property line.

M. In the case of commercial property that abuts residential property, if cyclone fence construction is used along the common property line, the fence shall also include privacy inserted therein.

N. In business and manufacturing zoning districts cyclone-type fences surrounding nonresidential property may be erected to a height of seven feet on all property lines.

O. In all commercial districts, fences other than solid-surface fences, may be erected up to 14 feet in height when surrounding or upon lands of governmental facilities and buildings, public parks and playgrounds and public or parochial schools, including their accessory uses.

P. As provided under Section 175-7.11C a fence with a maximum height of ten (10) feet shall be permitted incidental to a tennis court.

A.garage or yard sale of goods and materials shall not be conducted more than once during any one (1) calendar year from the same residential premises, and any such garage or yard sale shall not exceed two (2) days in duration.

All signs advertising the sale must be removed within 24 hours of the completion of the sale.

A. Professional offices shall be permitted in multiple-family dwellings in multiple-family districts, provided that they meet the following requirements:

(1) Not more than five percent (5%) of the original dwelling units can be used for this purpose.

(2) No dwelling unit above the second floor level measured from grade shall be used for this purpose.

(3) Parking shall be provided at the rate of four (4) parking stalls for each one thousand (1,000) square feet of G.F.A. No office facility shall have less than four (4) designated parking stalls. Said parking stalls shall be designated with the name of the professional occupying the office space.

B. Commercial services such as laundry facilities, valet services and convenience vending facilities, which are designed for the exclusive use of the residents therein shall be permitted. Laundry facilities may be located in any part of the building. All other commercial services shall be located in the basement and must be entirely contained within the building. Such space shall have no exterior signs or other appurtenances of any kind whatsoever which would tend to attract non-residents to such facilities.

A. Outdoor storage uses, where permitted, shall not abut existing residential development, a residential street or any R District, and the operation thereof shall be governed by the following provisions:

(1) Flammable and Explosive Liquids

All flammable or explosive liquids, solids or gases shall be stored in appropriate containers as regulated by the Uniform Construction Code.

(2) Fencing and Setbacks

All outdoor storage facilities shall be enclosed by a fence or wall adequate to conceal such facilities and the contents thereof from adjacent property.

(3) Deposit of Wastes

No material or wastes which might cause fumes or dust or which might constitute a fire hazard or which may be edible by or otherwise attractive to animals or insects shall be stored outdoors unless in closed containers.

B. The outdoor storage of material or equipment accessory to a permitted use in the M-1 and M-2 Districts shall not be located in the front yard or the required side yard abutting a street unless screened from view of such streets by a wall, fence or hedge. Such wall, fence or hedge shall not be closer to a street than the required setback for the principal building.

A. Permanent and portable swimming pools accessory to a residential use shall be erected on the same zone lot as the principal structure. Said pool may be erected in the side or rear yard of the zone lot. The wall of the swimming pool shall be located no closer than six (6) feet to a side or rear yard line or closer to a street than the principal building to which it is accessory, or within 10 feet of the principal building. All such pools shall be suitably fenced in accordance with the City of Hackensack requirements.

B. These regulations shall not apply to portable swimming pools which are less than two (2) feet in height and pool regulations set forth and adopted by the UCC.

A. Private garages shall be deemed to be accessory uses to a permitted principal use if it is located on the same lot or parcel as the principal use.

B. Private garages shall be subject to regulations established herein.

C. In any townhouse development, the driveway providing access to a private garage may be counted as a parking space provided that a minimum area of 10 feet in width and 20 feet in length is provided in the driveway area.

D. Private garages shall only be utilized for the storage and security of motor driven vehicles. Private garages and carports shall not be utilized for the conduct of any business, service, or residency.

E. Private garages shall be permitted as accessory uses in all residential zones either as a detached structure or as a part of the main building for the storage of automobiles and other permitted items owned by the occupants of the main building. Not more than one commercial vehicle which shall not exceed 10,000 pounds in gross vehicular weight shall be stored in said garage.

A. Private tennis and basketball courts shall be permitted as an accessory use to a residential use provided it is constructed on the same lot or parcel as the principal use. Said courts may be erected only in the rear yard of the zone lot. No portion of the court or fence area surrounding the courts shall be located closer than ten (10) feet to any adjoining property.

B. No outdoor lighting shall be permitted in conjunction with said private courts unless it can be demonstrated that said lighting will be totally shielded from all surrounding residential land uses.

C. A fence with a maximum height of ten (10) feet shall be permitted incidental to the tennis or basketball court.

D. The court may be used only by the residents of the premises and their non-fee paying guests and shall not be used as a revenue generating operation.

E. Development of a private tennis or basketball court on any residential property shall be subject to site plan approval by the Planning Board.