In Residence A Districts, no lot, plot, parcel or tract of land shall be used and no building or other structure shall be used and no building or other structure shall be built, altered or erected to be used for any purpose other than that of
A. A single family dwelling, its customary accessory buildings and uses and private swimming pools. The sheltering or feeding for profit of people shall not be a permitted use in a Residence A District, except that any senior citizen who is the owner of a single-family dwelling, which is his/her primary residence, may rent or lease a room or rooms within that building together with general use associated with that dwelling, to one person. For purposes of this subparagraph, a "Senior Citizen" is any person who has attained the age of 62 years on the effective date of this amendment or the spouse of that person, or the surviving spouse of that person, if the surviving spouse is 55 years of age or older.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 20- 2005.
B. A municipal building or structure, firehouse or first-aid building, and a public park or playground [Amended 3-19-1980 by Ord. No. 14-1980; 8-24-1994 by Ord. No. 65-1994]
C. Any form of agriculture or horticulture except
(1) The keeping of hogs, unless as a part of a general farming operation on property of fifty (50) acres or more and provided that the number of hogs shall not exceed twelve (12), excluding the litters thereof until the litters shall have attained the age of three (3) months In no event, however, shall the hogs or the yard or building wherein they are kept be permitted within five hundred (500) feet of any property line or within two hundred (200) feet of any Dwelling on the same property
(2) The keeping of chickens or other fowl, unless on property of two (2) acres or more and provided that for a number up to twenty-five (25) they are kept in a building or yard no part of which is closer than twenty (20) feet to a Dwelling on the same plot nor less than fifty (50) feet from either side or rear property line and two hundred (200) feet from the front yard property line and, that for a number in excess of twenty-five (25), they are kept in a yard or building not more than two (2) stories high and no part of which building or yard is closer than fifty (50) feet to a Dwelling on the same plot nor within two hundred (200) feet of the front property line and one hundred (100) feet of any other property line The restrictions contained in this subsection shall not apply to the raising and breeding of homing pigeons, since it is hereby determined that they are not fowl
(3) The keeping of other farm livestock of any kind and in any number unless on a property of two (2) acres or more and in a building no part of which is closer than twenty (20) feet to any Dwelling on the same plot nor within one hundred (100) feet of any property line
(4) Commercial greenhouses, unless on a property of two (2) acres or more and placed one hundred (100) feet from the front property line and fifty (50) feet from any other property line.
(5) Storage of any landscaping or earthmoving equipment and/or machines, including, but not limited to lawn cutting equipment, trucks, trailers, tractors, leaf catchers, backhoes, etc., used for any purpose other than those used exclusively to support the agricultural and horticultural operations of the subject property.
(6) The use of the premises as a contractor's and/or landscaper's yard.
(7) Storage of any item, such as and including, but not limited to, mulch, fertilizer, top soil or animal feed of any nature, other than that which is solely used for and needed to support the agricultural and horticultural activities performed on the subject property.
(8) Any retail or wholesale sales of anything other than plants or animals that are or have been raised, grown and/or stored on the premises.
**Webmasters Note: The previous subsections, (5) through (8), have been added as per Ordinance No. 67-2004.
D. The sale of farm products an properties where produced, provided that stands built or erected for this purpose shall conform to the Building Code Ordinance of the Township of Wayne and provided that no such stand shall be placed closer to the center line of a street than seventy-five (75) feet or closer to a street line than fifty (50) feet, whichever may be greater
E. Signs, to include only the following:
(1) Real estate sign advertising the -sale or rental of the premises on which it is located, except residential development signs as set forth in Subsection E(4) of this section, and not more than eight (8) square feet in area and set back twenty-five (25) feet from the property line nor more than twenty (20) square feet when located on or in back of the required building setback line in-the district in which it is located
(2) Bulletin board or sign in connection with or identifying a building or use permitted under Subsection B of this section Any traffic directional sign shall conform to the following specifications white background, twelve (12) inches maximum in width, eighteen (18) inches maximum in height, blue, black or red lettering; house of worship symbols and arrows shall be permitted [Amended 5-1-1991 by Ord. No 23-1991]
(3) Agricultural or horticultural use signs on properties where such use is conducted, provided that such signs do not exceed forty-eight (48) square feet in area and are located on or in back of the required building setback line for the district in which they are located
(4) Residential development signs advertising real estate developments and located at the entrance or entrances to such developments and limited to twenty (20) square feet in area. The design, location and maintenance of such signs shall be in accordance with specifications and conditions determined by the Planning Board Such signs shall be removed by the developer within fifteen (15) days following the date of construction of all homes within such development
(5) Temporary signs shall be permitted for displaying political messages, subject to the following controls.
(a) No such signs shall be permitted unless they are no more than four and one-half (4 1/2) square feet in area. A maximum of three (3) signs shall be permitted on each given lot as defined in this chapter.
(b) Signs displaying political messages may be placed within the front or side yards of private property provided that no such sign shall be placed within the public right-of-way. Any sign displaying a political message that is placed within the public right-of-way shall be subject to removal by the Township.
**Webmasters Note: The previous subsection has been amended as per Ordinance No. 20- 2001.
(c) No such sign shall be illuminated
**Webmasters Note: The previous subsection 211-3(E)(5) has been amended as per Ord. No. 76-2000.
(6) Temporary signs shall be permitted during the time a building is under construction, in accordance with the following:
(a) In a residential district. on premises where a church, school (public or private) or a public building is being constructed
(b) In all other districts, subject to the following regulations
[1] No such sign shall have an area of more than fifty (50) square feet
[2] All such signs shall be set back at least twenty-five (25) feet from the street line
[3] No such sign shall be erected prior to the approval by the Planning Board of the location and appearance of the building, and all such signs must be removed from the premises before a certificate of occupancy is issued The time limit shall apply, provided that a building permit is issued within six (6) months of the approval of the intended building by the Planning Board
[4] No such sign shall be illuminated
F. (Reserved)'
G. Other buildings, structures and uses as provided by Article XIX of this chapter
H. Any recreational use or structure or the expansion or addition thereto, provided that the original use or structure was granted prior approval under § 211-114 or was committed to a recreational use or structure permitted under § 211-114 is limited to the following, all of which shall be subject to Planning Board approval as set forth in § 211-126 and public notice as set forth in § 182-13 of Chapter 182, Subdivision of Land.'
(1) Auxliary buildings or additions to structures shall not exceed four hundred (400) square feet of floor area each
(2) There shall be no more than one (1) such building or addition to any existing building within any one year period
(3) Recreational uses shall include but not be limited to tennis courts, baseball fields, basketball courts and swimming pools and any other uses of similar purpose
(4) Accessory parking shall be in amounts determined necessary by the Planning Board
(5) No building, structure or use may be constructed pursuant to this subsection which violates any buffer area, special condition or standard which was set forth as part of the original approval under § 211-114
(6) Buffer or screening as determined to be necessary by the Planning Board as part of its review under § 211-126A(6)
L. Residential fences and decorative walls, limited as follows
(1) Front yards No fence or decorative wall shall be erected to a height greater than four (4) feet Comer lots shall be considered as having two (2) front yards
(2) Rear and side yards No fence or decorative wall shall be erected to a height greater than six (6) feet except for tennis courts, where the maximum height will be ten (10) feet
(3) Setback requirements No tennis court fence shall be placed nearer to a side or rear property line than fifteen (15) feet
(4) All fence posts and supports shall face the owner's property
J. [Added 6-19-1985 by Ord. No. 30-1985] Satellite dishes, as herein defined, subject to the following provisions
(1) Those not exceeding three (3) feet in diameter [or seven (7) square feet in area)
(a) May be placed on the rear wall of the main structure without regard to rear yard setback, provided that the dish does not protrude above or beyond any roof line
(b) May be installed on the rear portion of a pitched roof, provided that the dish does not project above or beyond any roof line
(c) May be installed on the ground in the rear yard, provided that it is anchored to a concrete pad, is no closer to any side or rear property line than ten (10) feet and shall not have the lowest portion of the dish higher than two (2) feet off the ground Said two (2) feet shall be measured with the dish in a vertical position
(d) The color of the dish shall blend with its surroundings and, if on the ground, have an open mesh surface.
(e) Have all wiring to or from the dish placed underground
(f) Only one (1) such dish shall be permitted for each individual lot, and its use shall be for the sole use of that lot
(2) Those larger than three (3) feet in diameter for seven (7) square feet in area], but no larger than eight (8) feet in diameter for fifty (50) square feet in area], are permitted, subject to the standards as set forth in Article XIX, Conditional Uses, of this chapter
K. Community residences for the developmentally disabled, community shelters for victims of domestic violence, community residences for the terminally ill, and community residences for persons with head injuries as same are defined in N.J.S.A. 40:55D-66.2 shall be a permitted use in all residential districts and the requirements therefor shall be the same as for single family dwellings located within such residential district.
**Webmasters Note: The previous subsection K has been amended as per Ord. No. 13-1998.
A. No building or part of a building, exclusive of an open porch, steps and overhanging eaves and cornices, shall extend nearer to a front street line than the average distance of setback of the nearest buildings, other than accessory buildings, within one hundred (100) feet on each side of said building and fronting on the same side of the street
B. When only one (1) building exists on the same side of the street as the building to be erected and within one hundred (100) feet thereof, the building setback shall be the average of the setback of the existing building and the standard distance of setback specified below In no instance, however, shall a building be placed closer to a front street line than forty (40) feet nor be required by any of the foregoing provisions of this subsection to be placed more than twenty-five (25) feet back of the front wall of an adjacent existing building
C. When no building exists on the same side of the street as and within one hundred (100) feet of the building to be erected, the building setback at the front shall be
(1) Seventy-five (75) feet from the front street line or one hundred (100) feet from the center line of the street, whichever may be greater, for frontage on all main thoroughfares Such main thoroughfares in A Residence Districts shall include Paterson-Hamburg Turnpike, Berdan Avenue, Terhune Drive, Indian Road and Colfax Road
(2) Sixty-five (65) feet from the front street line or ninety (90) feet from the center line of the street, whichever may be greater, for frontage on all other streets and roads
D. In the case of a corner lot, no building may be placed within fifty (50) feet of the side street property line or seventy-five (75) feet of the center line of the side street, whichever may be greater, provided, however, that the front street setback shall be observed on the side street if the side street includes lots other than corner lots.
E. Building setbacks may be increased by the Planning Board incidental to plat map approval.
F. No private swimming pool, portable pool or wading pool shall be permitted in a front yard. (Added 6-4-69 by Ord No 35-1969]
G. No private swimming pool shall be nearer than ten (10) feet to any side or rear property lie [Added 6-4-69 by Ord. No 35-1969]
H. No temporary structure as defined by this Chapter may be placed within the required front yard. Nothing contained herein shall prohibit the placement of a temporary trailer in the front yard for use as a temporary dwelling while the primary residence is reconstructed due to substantial damage resulting from a fire and/or natural disaster.
**Webmasters Note: The previous subsection has been added as per Ordinance No. 33-2003.
A. There shall be a rear yard not less than sixty (60) feet deep When a lot extends through from street to street, front street setback provisions shall apply to both streets
B. There shall be two (2) side yards with a total width of not less than thirty percent (30%) of the width of the lot at the front street setback line The width of the narrower side yard shall not be less than ten percent (10%) of the width of the lot at the front street setback line or fifteen (15) feet, whichever is greater (Amended 7-26-67 by Ord No 451967]
C. No private swimming pools which are above-surface, portable or wading pools shall be permitted in side yards abutting the street on comer lots No pool or its appurtenances shall be permitted in any side yard [Added 64-69 by Ord No 35-1969, amended 8-6-75 by Ord No 701975]
D. Private swimming pools, portable pools or wading pools shall be permitted in rear yards [Added 6-4-69 by Ord. No. 35-1969]
The height of dwellings shall not exceed a height of 35 feet and two and a half stories as measured from the average finished grade. The measurement shall be taken at the centerline of the length of the building on all four sides.
Section 3. Chapter 211 (Zoning), Section 211-1.1 is hereby amended and supplemented to add the following thereto:
D. Floor Area Ratio Requirements. Residential development in the following residential zones shall not exceed and shall be governed by the following floor area ratio requirements:
E. For any substandard lot in the RAA, RA, RB, and RB-1 zones of 7,500 square feet or less the permitted Floor Area Ratio shall not exceed 0.33 and impervious coverage shall not exceed 40%.
F. In those situations where an addition is proposed to an existing dwelling, the required maximum Floor Area Ratio regulations shall not apply when all of the following conditions are met:
1. The existing principal structure (single family dwelling) meets all of the bulk requirements for the zone in which the property is located, and
2. The proposed expansion or new construction meets all of the bulk requirements for the zone in which the property is located, and
3. The subject lot meets all of the bulk requirements for the zone in which the property is located, and
4. The total square footage of the proposed floor area expansion constitutes less than 30 percent of the dwelling's existing (pre-expansion) building coverage.
5. The impervious coverage regulations shall apply to all proposed construction
If any of the above conditions are not met, the FAR regulations are applied to the proposed construction. The FAR regulations are always applied to those situations where a new single-family dwelling is proposed for a vacant lot.
**Webmasters Note: The previous subsection (211-6) has been amended as per Ordinance No. 45-2006
A. No lot shall be less than two hundred (200) feet in depth unless, due to special conditions, the Planning Board approves variation
B. No parcel or tract of land shall be subdivided into building lots having an area of less than thirty thousand (30,000) square feet and a width of less than one hundred fifty (150) feet [Amended 2-3-1965 by Ord. No. 2-1965]
C. Any subdivision prior to July 12, 1949, of any section or sections of lots through which no street has been constructed is hereby canceled with respect to such section or sections, and the owners thereof shall replat such section or sections and provide improvements in accordance with current requirements The revised plat shall be submitted to the Planning Board for approval
D. In the case of prefiled maps where the developer, by agreement with the Planning Board, files a revised map which substantially upgrades substandard lots, the Planning Board may, in its discretion, modify the applicable requirements of this Article
E. [Added 11-2-1994 by Ord. No 90-1994] Where a lot does not meet the area and width requirements for this district but has an existing Dwelling thereon, a lot area of at least ten thousand (10,000) square feet and a minimum lot width of at least one hundred (100) feet, the existing one-family Dwelling may be enlarged, subject to the following conditions
(1) Such addition shall not violate any of the yard requirements set forth for this district
(2) In those cases where the front setback is less than that required in this district (under the setback provisions which are not governed by existing buildings), the deficiency of the front setback shall be added to the required rear yard depth
(3) Nothing in Subsection E(2) of this section shall prevent, on lots having a depth of one hundred thirty-five (135) feet or less, the construction of an open porch or deck without a roof, up to two hundred twenty-five (225) square feet in area, in a rear yard, provided that in no case shall such open porch or deck be closer to a rear lot line than sixty (60) feet
