(a) Zoning districts. For purposes of this chapter, the township is hereby divided into zoning districts as follows:
(b) Zoning Map. The boundaries of the zone districts are established on the map entitled "Zoning Map," dated May 1979, revised May 1980, which accompanies and is made part of this chapter.'
(c) Interpretation of zone district boundaries.
(1) Zone district boundary lines are intended to follow street center lines, streams and lot or property lines unless otherwise indicated by dimensions on the zoning map. Any dimensions shown shall be in feet, measured horizontally and measured from the street right-of-way line even if the center line of that street serves as a zone district line. The location of any disputed zone district line shall be determined by the Board of Adjustment, pursuant to N.J.S.A. 40:55D-70b. Zone district lines extend vertically in both directions from ground level.
(2) Where a street or public way serves as the zone district line and it is lawfully vacated, the former center line shall be considered the zone district line,
(3) Where such boundaries are not fixed by dimensions and where they approximately follow lot lines and where they do not scale more than twenty-five feet distant therefrom, such lot lines shall be construed to be such boundaries unless specifically shown otherwise. (Ord. No. 1811, § 23: Ord. No. 1859, 5-27-1980, § 6; Ord. No. 2042, 7-9-1984, § 4.)
(a) Prohibited uses. All uses not expressly permitted in this chapter are prohibited, notwithstanding the enumeration of prohibited uses in section 33-26 hereof.
(b) Nonconforming uses, lots and structures.
(1) Continuance. Except as otherwise provided herein, the lawful use of land or buildings existing at the date of the adoption or amendment of this chapter may be continued, although such use or building does not conform to the regulations specified by this chapter for the zone in which such land or building is located; provided, however, that:
a. Nonconforming lots shall not be further reduced.
b. Nonconforming buildings shall not be enlarged, extended or increased, but may be repaired or maintained, subject to the limitations of Subsection (4) herein.
c. Nonconforming uses may not be expanded.
d. Nonconforming two-family dwellings located within the R-S Single-Family Residential Zone District shall be considered permitted principal uses, provided that all of the following conditions are met:
1. The property has been carried on the Tax Assessor's records and the property owner has been paying taxes as a two-family dwelling continuously, prior to January 1, 1977.
2. There are separate entrances to the dwelling units and no direct access between the dwelling units.
3. There are separate kitchens and at least one full bathroom for each dwelling unit.
4. There are separate water, gas for cooking and electric utilities for each dwelling unit.
5. Neither dwelling unit is a basement unit.
(2) Reversion. No nonconforming use shall, if once changed into a conforming use, be changed back to a nonconforming use.
(3) Abandonment. A nonconforming use shall be adjudged abandoned when there occurs a cessation of any such use or activity for a continuous period of one year. Such use shall not thereafter be reinstated, and the structure shall not be reoccupied except in conformance with this chapter.
(4) Restoration, replacement or reconstruction.
a. Any nonconforming building may be restored or repaired in the event of partial destruction by reason of windstorm, fire, explosion or other act of God or the public enemy. However, if any nonconforming building shall be destroyed by reason of windstorm, fire, explosion or other act of God or the public enemy to the extent that such destruction is deemed to be complete destruction, then such structure may not be rebuilt, restored or repaired, except in conformity with the regulations of this chapter. The Township Construction Official shall apply the laws of the State of New Jersey, including relevant case law, in determining whether such destruction is partial or complete.
b. If any nonconforming building shall be demolished, removed or altered to effectuate a proposed construction project to an extent of more than 50% of its gross building square foot floor area or more than 50% of the total building volume, then the structure may not be rebuilt, restored or altered except in conformity with the regulations of this chapter.
c. For purposes of this section, gross building square foot floor area shall include all floor areas excluding unfinished basements, crawlspaces, nonhabitable attics and detached garages. For purposes of this section, total building volume shall not include the volume of crawlspaces, nonhabitable attics and detached garages.
(5) Certain additions to nonconforming lots and structures. Except as set forth in Section 33-23 (b)(4)b herein, any existing structure on a nonconforming lot, or any existing structure on a conforming lot which violates any yard requirements, may have additions to the principal building and/or construct an accessory structure without an appeal for a variance, provided that the total permitted building coverage is not exceeded and the accessory building and/or addition to the principal building does not create any additional deficiencies.
A gabled extension of a second story room, through a sloping roof, to allow for a vertical window opening into the room (also known as a " dormer") shall be permitted if it does not extend beyond the building line, even if the existing building has a deficient rear yard, front yard or side yard.
On a corner lot, an air conditioner compressor or similar structure furnishing central air conditioning to a single-family dwelling or two- family dwelling may be installed in the side yard abutting the intersecting street, if it cannot be installed at any other location without violating minimum side yard requirements, but only if it exhausts vertically. On an interior lot, an air conditioner compressor as aforesaid may be installed in the front yard, subject to the foregoing provisions and further provision that it be screened in accordance with section 33-15, subsection (s).
(6) Building lots of record in R-S district. In cases where an owner of a lot in the R-S district, approved as a building lot subdivision under the Planning Act of 1953, can utilize the lot for the uses permitted and comply with all district requirements except area and frontage, and the merger provisions hereinafter set forth do not apply, and nothing has been done by the owner or predecessors in title to destroy the distinct identity of the lot as a building site, the lot may be utilized without obtaining a variance; provided, however, that no lot of less than five thousand square feet in area or fifty-foot frontage shall be so used.
(7) Merger. In the case of any lot which is deficient in area or width by the terms of this chapter, the rights acquired or existing therein to use the lot as a building site shall terminate and become nonexistent and void should the deficient lot merge in fee with any adjoining vacant lot abutting on the same street. A merger shall be deemed to have occurred if the same person or persons have equitable or legal ownership of both lots.
**Webmasters Note: Sections 33-23(1) through the previous subsection has been amended as per Supplement No. 90.
(c) Principal use; frontage upon an improved street. Not more than one principal building shall be located on a lot, except those buildings that comprise a planned development, as in the redevelopment districts. No lot may be developed unless it fronts upon an improved public street, except for lots in a planned development, as in the redevelopment districts.
(d) Enforcement, zoning permit; violations and penalties.
(1) It shall be the duty of the Zoning Officer to administer and enforce the provisions of this Zoning Ordinance, and no building permit or zoning permit shall be issued unless the proposed structure, use, awning, canopy, temporary activity or construction activity complies with this chapter.
(2) In case any building or structure is erected, altered, converted or maintained or any building, structure or land is used in violation of this chapter, the township or an interested party, in addition to other remedies, may institute appropriate action to prevent such unlawful erection, alteration, conversion, maintenance or use; to restrain, correct or abate such violation; to prevent the occupancy of said building, structure or land; and to prevent any illegal act, conduct, business or use in or about such premises. Any person convicted of such violations before a court of competent jurisdiction shall be subject to a penalty not to exceed five hundred dollars ($500.) and/or ninety (90) days in jail. Each act shall be deemed a separate violation.
(3) Zoning permit.
a. A zoning permit shall be required as a condition precedent to the commencement of a use, or change of use, or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building, excluding fences. As used herein, "change of use" shall be deemed to include any change in the utilization of a building or lot or part thereof where the resulting use is subject to bulk. dimensional, special or other zoning regulations which are different than those impressed upon the prior use.
b. A zoning permit shall be issued by the Zoning Officer when all requirements of the Zoning Ordinance have been met. After a change of use has been made on a lot or in a building or structure, a zoning permit shall be required and no certificate of occupancy shall be issued without the required zoning permit.
c. A written application for a zoning permit shall be filed with the Zoning Officer by the owner or his agent. The application shall include the following.
1. The name and address of the owner or his agent.
3. The existing or last prior and proposed uses of the building or property.
4. The number of occupants or employees, maximum number of parking spaces available, number of tenants (if the building is to be multi tenanted) and the total square footage of the building or lot, if there is no building.
d. When a building, structure or lot is entitled to a zoning permit, the Zoning Officer shall cause it to be issued within ten (10) days after written application therefor. A zoning permit shall certify the purpose for which the building, structure or lot may be used. It shall specify the permitted use category, the date of issuance and any special stipulations and conditions of the permit. The Zoning Officer shall affix his signature thereto and shall certify that such use, structure or building complies with the provisions of the Zoning Ordinance or any variance therefrom duly authorized by a municipal approving authority.
e. The Zoning Officer may revoke a zoning permit whenever a condition of the permit has been violated.
f. A zoning permit shall always be subject to the following conditions:
1. That the use, building or structure to which it relates meets the conditions of all building permits, approved drawings and any prior approvals granted by the township.
2. That all required fees have been paid in full.
3. That all necessary inspections have been completed and that the completed project meets the requirements of the Development Regulations Ordinance,
4. That all violations have been corrected and that any assessed penalties have been paid.
(e) Issuance of permits; official map. For the purpose of preserving the integrity of the Official Map, no permit shall be issued for any building or structure in the bed of any street or public drainageway, flood control basin or public area reserved pursuant to law as shown on the Official Map, except as provided in N.J.S.A. 40:55D-34.
(f) General rules for interpretation and application of dimensional requirements.
(1) Street block. A street block shall be deemed to include both sides of the street, from the center line of one street intersection to the next nearest street intersection, except that:
a. In the case of an entering street which does not continue through the opposite side, the street block shall include both sides of the street measured from the center line of the entering street to the center line of the next street intersection.
b. In the case of a lot located between two entering streets, the street block shall include both sides of the street between the center lines of the two entering streets.
(2) Corner lots.
a. Yard width or setback requirements. Except in the redevelopment districts which are subject to special criteria set forth in this chapter, a principal building shall meet the minimum front yard setback requirements of the district from both streets, and, if the lot is in the R-S, B-2 or L-I District and the street block includes another district with greater front setback requirements, the principal building shall also comply with the greater setback requirement. The remaining property lines shall be considered side yard lines and the building shall comply with the minimum side yard requirements for the district in which the lot is located with respect to those side yards.
b. Establishing frontage and front yards. The following rules shall pertain in the following districts:
1. R-S District. The developer shall have the option of designating which street line shall be the front line of the lot, at the time application is made for a building permit. Failing said designation, the Zoning Officer shall establish the front line.
2. R-M District. If the street lines of the corner lot vary in length, the lot shall be deemed to front upon the street line of greater length. If the street lines are of equal length, the developer shall have the option of designating which street line shall be the front line of the lot, at the time application is made for a building permit. Failing said designation, the Zoning Officer shall establish the front line.
3. B-1, B-2, B-R and L-I Districts. The front line shall be on the street whereon over 50% of the lots on the street block are in the same zoning district as the subject corner lot. If both streets so comply, the front line shall be on the street designated on the Official Map as a secondary arterial street, or failing same, as a collector street. If both streets are so designated, the developer shall have the option of designating which street line shall be the front line of the lot, at the time application is made for a building permit. Failing said designation, the Zoning Officer shall establish the front line.
4. U, H, RR-M, RC-1, RC-2 and RC-3 Districts. Not applicable.
(3) Yard areas.
a. No building other than a single-family detached dwelling shall be constructed, altered or moved nearer than 40 feet to the center line of any street or streets upon which its lot may abut or front.
b. A roofed-over but unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the front wall of the building, shall be exempt from the requirements of this section when the building otherwise complies with the regulations of this section. In computing the average setback, the presence of such entries and porticos shall be ignored. Chimneys extending not more than 18 inches into the existing side yard shall be exempt from the requirements of this section.
c. Hackensack River setback requirements. No building, structure, parking area, driveway or other paved area for use by motor vehicles shall be erected on or placed upon any lands abutting the Hackensack River with a setback of less than 50 feet from:
1. The pier and bulkhead line as established on the current maps of the United States Army Corp of Engineers, or, where same does not exist,
2. The mean high waterline as noted on the current tax assessment map of the Township of Teaneck (elevation 3.17 feet).
(4) Height.
a. Residential dwellings except in the RR-M District. At least 51% of the length of the roof ridge must have at least a twenty-two-foot height above the average ground level on three sides of the building. Where the ridge height of a split-level dwelling is measured from the ground level, the dwelling shall have a second floor ceiling with a minimum height of seven (7) feet six (6) inches.
b. Exceptions in all districts. The height limitations of this chapter shall not apply to silos, church spires, belfries, cupolas, mechanical penthouses and domes not used for human occupancy; nor to chimneys, ventilators, skylights, water tanks, bulkheads, television antennas and, except as hereinafter limited, necessary mechanical appurtenances usually carried above the roof level. Such features, however, shall be erected only to such height as is necessary to accomplish the purpose they are to serve. The provisions of this chapter shall not apply to prevent the erection of a parapet wall above the building height limit, provided that the same does not exceed 42 inches and is without windows. All appurtenances shall be screened in accordance with the standards and specifications of Section 33-15(s). Necessary mechanical appurtenances either in excess of 100 square feet on any side or greater than eight feet in height shall not be exempt from the height limitations of this chapter, except that elevator penthouses and stair bulkheads are exempt notwithstanding their size, and except for necessary mechanical appurtenances in the RC-1, RC-2 and RC-3 Districts.
(5) Awnings and canopies. Awnings and canopies are permitted in all districts as accessory structures, accessory to the building to which they are affixed, in accordance with the following criteria:
a. They shall be permitted only on building walls that front on a public street.
b. They shall be limited in size and placement as follows:
1. Total area shall not exceed four square feet for each square foot of front wall width.
2. They shall not project more than three feet from the building wall.
3. They shall not project past the property line, except for nonresidential uses in B-1, B-2 and BR Districts.
4. The bottom of the awning and the bottom of the horizontal plane of the canopy shall be not less than eight feet above grade, and the top of the awning or canopy shall be no higher than 12 feet above grade.
5. They shall be mounted below any sign and above the storefront.
c. They shall be constructed of weather-resistant, matte acrylic material that will not readily tear and shall be securely affixed so that they will not readily become detached from the structure to which they are accessory.
d. They shall not interfere with any window, fire escape or opening designed to provide light and air or ingress to or egress from any building.
e. Awnings and canopies for each occupant in a single building with multiple occupants shall be uniform in color, height and design.
f. Awnings shall be retractable and must be retracted daily at the close of business.
g. The following solid colors are permitted: burgundy/maroon, dark green, dark blue, dark brown and black.
h. No sign may be drawn or otherwise inscribed upon awnings or canopies.
(g) Waiver or modification of accessory use and conditional use criteria; distinction.
(1) Accessory uses. A condition qualifying the location or operation of a permitted accessory use may be waived or modified by variance. This shall not be deemed to allow an accessory use in a district which does not permit same.
(2) Conditional uses. A condition qualifying the location or operation of a permitted conditional use may be waived or modified by the Planning Board, if permitted by law, based upon the following determination:
a. The condition or conditions that cannot be adhered to can be waived or modified without adverse effect to the surrounding neighborhood and without substantial impairment or interference with the proposed use; and
b. The literal enforcement of one or more of the conditions is impracticable or will impose undue hardship because of peculiar conditions pertaining to the land in question.
The foregoing shall not be deemed to allow a conditional use in a district which does not permit same. (Ord. No. 1811, § 24; Ord. No. 1833, § 1; Ord. No. 1859, 5-27-1980, § 7; Ord. No. 1941, 2-2-1982, § 3; Ord. No. 2042, 7-9-1984, § 5; Ord. No. 3268, 6-26-1990, § 1; Ord. No. 3363, 7-6-1993, § 2; Ord. No. 3472, 10-8-1996, § 1; Ord. No. 3473, 10-8-1996, § 1; Ord. No. 3654, 12-19-2000, §§ 3, 4, 5.)
(a) R-S Residential Single-Family Detached District.
**Webmasters Note: Sections 33-23(g)(2)a. through the previous subsection have been amended as per Supplement No. 90.
(1) Permitted principal uses. Single-family detached dwellings.
(2) Permitted accessory uses.
a. Home occupation, provided that no more than three (3) business invitees shall be on the premises at any one (1) time, except in the case of a day-care facility; that shipments and deliveries to and from the home are limited to no more than two (2) times per calendar week by vehicles whose maximum cargo load shall not exceed five thousand (5,000) pounds (i.e., cube, vans or box vans); and that the business is restricted to one (1) room of the house in the principal living space.
b. Home professional office, provided that the office shall employ no more than two (2) persons other than the resident professional.
c. Swimming pool installed and used in accordance with Chapter 34 of the Township Code and all other health, safety and development ordinances which relate to water filtration, circulation and treatment; fencing-, noise control; and lighting.
d. Private garage, with space for not more than three (3) motor vehicles.
e. Boarders or roomers, in accordance with the following regulations:
1. There shall be no display or advertising on the premises in connection with such use.
2. The dwelling shall be owner-occupied, and the use of the premises by the boarders or roomers
shall be of a permanent and domestic character, not transient.
3. No more than two (2) boarders and/or roomers, in any one (1) dwelling.
4. The accommodations for said boarders or roomers shall not include food storage or food preparation facilities.
5. The accommodations for said boarders or roomers shall not be structurally separated from the living quarters of the owner-occupant by a separate outside entranceway or by an internal partition, other than a door separating the sleeping accommodations of the roomer or boarder from the rest of the dwelling.
f. Tennis courts, in accordance with the following regulations:
1. They shall not be used for commercial purposes.
2. They shall not be erected in the front yard.
3. They shall be set back from side and rear property lines a minimum of the height of backstops and sidestops, but not less than eight (8) feet. Said backstops and sidestops shall not exceed twelve (12) feet in height.
4. A buffer area shall be provided between the tennis court or courts and any adjoining residential properties, in accordance with the standards and specifications of Section 33-15(s).
5. No artificial lighting shall be maintained or operated in connection with any tennis court after 10:00 p.m., and loud and unnecessary noises shall be prohibited and enforced under the Health and Sanitation Code, Section 21-15, and any other appropriate ordinances.
g. One (1) storage shed and one (1) storage bin, in accordance with the following regulations:
1. Storage sheds shall not exceed one hundred twenty (120) square feet in area and eight (8) feet four (4) inches in height.
2. Storage bins shall not exceed forty (40) square feet in area and four (4) feet in height.
3. Storage sheds and bins shall not be used for human occupancy.
h. Satellite antennas, subject to the following conditions:
1. The satellite antenna shall be used for receiving signals only; transmission is prohibited. The installation shall be for the benefit of the residents of the dwelling and not for the benefit of off-site users.
2. There shall be no more than one (1) satellite antenna per lot, regardless of the number of dwelling units on the lot.
3. Installation may be either on the roof or on the ground. In both cases, the installation shall be adequately screened to minimize visibility from adjacent properties. If ground-mounted, the apparatus shall not be located in any front yard or side yard and shall not exceed the height of the principal building located on the lot. The permit application shall be accompanied by a screening plan and, for roof-mounted antennas, written certification from a structural professional engineer that the installation will be resistant to a one hundred-mile-per-hour wind.
4. The height of the apparatus (including antenna supports) shall not exceed nine feet. The surface area of the reflective dish shall not exceed 50 square feet, and the diameter of the reflective dish shall not exceed eight feet.
i. Other accessory uses customarily associated with single-family dwellings, provided that such uses are subordinate to the principal use, do not change the character of the principal use and serve only the principal use.
(3) Conditional uses.
a. Home professional offices employing two persons but no more than six persons other than the resident professional, subject to the provisions of Section 33-25 of this chapter.
b. Public and private nursery, elementary and secondary schools, but not trade or business schools, subject to the provisions of Section 33-25 of this chapter.
c. Quasi-public buildings and recreation areas, subject to the provisions of Section 33-25 of this chapter.
d. Houses of religious worship, subject to the provisions of Section 33-25 of this chapter.
e. Group-care housing for more than six persons, excluding resident staff, subject to the provisions of Section 33-25 of this chapter.
(4) Dimensional, density and other bulk restrictions.
a. Minimums.
