§ 150-19. R-1 and R-2 Residence Districts., Article V. Supplementary Regulations, Chapter 150. Zoning, Part II. General Legislation, Code of Ordinances, Upper Saddle River

Minimum livable floor area. No dwelling shall be erected in the R-1 and R-2 Residence Districts unless the dwelling has a minimum livable floor area, as defined in this chapter, as follows:

(1)

A one-story ranch-type dwelling shall have a minimum livable floor area of 1,800 square feet.

(2)

A two-story dwelling shall have a minimum livable floor area of 1,800 square feet, with not less than 1,000 square feet on the first floor.

(3)

A split-level, raised ranch or bilevel dwelling shall have a minimum livable floor area of 1,800 square feet, with not less than 1,500 square feet of foundation area inclusive of garage.

(4)

A one-and-one-half-story or Cape Cod dwelling shall have a minimum livable floor area of 1,800 square feet, with not less than 1,200 square feet on the first floor.

Accessory buildings. As referred to herein, accessory buildings shall include, but not be limited to, private detached garages, stables and sheds regulated elsewhere in this section. There shall be permitted no more than one accessory building on a lot, exclusive of a shed. One shed shall be permitted on a lot. An accessory building shall be located only in the required rear yard. Unless otherwise regulated in this section, an accessory building shall meet all of the following requirements:

[Amended 5-13-1998 by Ord. No. 10-98]

(1)

The building shall be set back a minimum distance of 100 feet from the street property line. As used herein, the street property line shall refer to the street parallel to the front of the residence.

(2)

The building shall have a maximum height of 20 feet.

(3)

All buildings in the aggregate shall not occupy more than 10% of the area of the required rear yard.

(4)

The building shall otherwise conform to the minimum setbacks applicable to the main building as set forth in § 150-15.

Private garage. A detached accessory building located upon a lot developed with a residential dwelling or a portion of a main residential dwelling used by the occupant's resident upon the premises principally for the storage of passenger vehicles and equipment shall be permitted to be located upon a lot. In no case shall such private garage located in a detached accessory building or a portion of the main residential building or a combination thereof have the capacity to contain more than four standard-sized automobiles utilized for noncommercial passenger vehicles, except as permitted pursuant to § 150-25. Within the residential zone, the renting of a garage or garage space for the storage of other than a motor vehicle classified as an automobile is prohibited.

[Amended 11-3-1992 by Ord. No. 11-92]

Private swimming pool.

(1)

A private swimming pool meeting the requirements of the Board of Health shall be permitted as an accessory use in a rear yard, provided that:

(a)

Every private swimming pool constructed or installed below ground or installed above ground level with a wall height less than four feet above grade at any point shall be completely enclosed with a permanent substantial fence (with gate) no less than four feet in height above the ground level. No opening in the fence or gate shall be more than four inches in width. The gate shall have self-closing and self-latching devices and shall be securely locked when the pool is not in use. Any access ladder or steps used in connection with an above-surface-type pool shall be removed when the pool is not in use or such access steps or entry area shall be completely enclosed by a fence meeting the provisions of this section.

(b)

The pool shall be located at least 35 feet from any side or rear lot line, measured from the edge of the water area of the pool.

(c)

Installation of any lighting of the pool shall be such that there shall be no glare of direct lighting into adjacent properties.

(d)

Swimming pools, including railings and other devices attached to the pool structure, excluding diving boards and slides, shall not exceed a maximum height above finished ground level of six feet. On exposed sides facing adjacent property owners, the pool shall be shrubbed with evergreens equal in height to the exposed portion of the pool which is over two feet and not enclosed by fencing.

(2)

The foregoing restrictions shall not apply to movable wading pools.

(3)

The owner of an existing private swimming pool not meeting the requirements of the above subsections shall comply within 90 days of March 13, 1969.

Corner lots.

(1)

Visibility at intersections. At all street intersections, no obstructions to vision exceeding 30 inches in height above street level shall be erected or maintained on any lot within the triangle formed by the intersecting street lines or their projections where corners are rounded and a straight line drawn between points along such street lines 25 feet distant from the point of intersection.

(2)

Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yard. The minimum zone requirements for each shall be complied with.

Exceptions to yard requirements; permitted obstructions.

(1)

Permitted fences; requirements.

[Amended 4-13-1994 by Ord. No. 3-94; 7-9-1997 by Ord. No. 12-97]

(a)

Except as set forth in Subsection E above, wooden and vinyl fences at least 50% open and three feet or less in height or stone walls three feet or less in height are permitted anywhere on the property. Wooden and vinyl fences at 50% open must be constructed to be nonflexible laterally. Specifically excluded are fences commonly referred to as "storm fences" and "flexible construction fencing." All wooden and vinyl fences must be either white, gray, natural or dark green in color. Wooden and vinyl post and rail fences not more than three feet high as measured from the mean natural grade to the top of the top rail are permitted anywhere on the property. The post shall not be more than six inches higher than the top of the top rail.

(b)

Steel, aluminum, vinyl and wooden stockade fences up to six feet high are permitted only to the rear of the main building line applicable to the principal structure located on the lot whereon the fence is to be erected or the immediate adjacent rear main building line whereon it is further removed from the abutting street. Chain link fences shall only be permitted around the perimeter of swimming pools, tennis courts and enclosures for animals. The posts on vinyl, aluminum and wooden fences up to six feet shall not be more than six inches higher than the actual fence.

(c)

Any fence which is considered to have a face or front side shall be erected so that such face or front side is placed outward from the area being enclosed. All posts supporting any fence are to be placed inward to the area being enclosed.

(d)

Deer fence. It shall be lawful to install a deer fence up to a total of 8.5 feet. Deer fences must be dark green or black in color and may not exceed 8.5 feet in height, including any fence upon which it may have been installed. Deer fences shall not be installed within 15 feet of the property line adjacent to any roadway. Deer fences shall not be installed within the front yard setback.

[Amended 4-6-2017 by Ord. No. 5-17]

(e)

Any fence of a type not specifically mentioned in this section shall be considered not permitted.

[Added 4-6-2017 by Ord. No. 5-17]

(2)

A house on property which bounds on more than one street and is not a corner lot shall be deemed, for purposes of this section, to have its front yard between the street and the main entranceway to the residence and its rear yard abutting the street bordering the rear, minor or secondary entrance to the premises. Lots of this type shall not be permitted to erect a rear yard fence within 10 feet of the rear property line abutting a street or in excess of four feet in height. Any such fence shall be completely screened on the side abutting a street with natural shrubbery. All provisions contained in Subsection F(1)(a) through (d), to the extent not inconsistent herewith, shall apply to this section.

[Added 5-13-1982; amended 7-9-1997 by Ord. No. 12-97]

(3)

Piers. As used herein, the term "pier" shall mean a post, column, monument or similar structure erected for ornamentation purposes and being located on one or both sides of a driveway access. The following requirements shall be applicable to such structures:

[Added 2-14-1996 by Ord. No. 24-95; amended 7-9-1997 by Ord. No. 14-97]

(a)

A pier shall have maximum height of four feet, measured from the lowest average grade to the top of the monument, upon which may be located a decorative fixture which shall not extend more than 30 inches from the top of the pier.

(b)

There shall be a limit of two piers for any property, provided that, in the event of a circular driveway, four piers shall be permitted.

(c)

The total square footage of each pier shall not exceed 6.25 square feet with maximum dimensions of 32 inches. The footprint shall not exceed 32 inches regardless of shape.

(d)

Each pier shall be set back not less than two feet from the adjacent road right-of-way and shall be required to be entirely within the property lines. In cases where the right-of-way is less than the minimum established by applicable regulations, piers shall be located at least 10 feet from the edge of the pavement.

(e)

The pier shall be constructed with a permanent material which shall be aesthetically consistent with the principal building on the property.

Keeping of pets. The keeping of customary household pets is permitted in the R-1 and R-2 Residence Districts; provided, however, that the total number of such pets which have attained the age of seven months or which possess a set of permanent teeth within any dwelling unit shall not exceed four. The care or breeding of the same for commercial purposes is prohibited.

[Amended 8-13-1987 by Ord. No. 11-87; 9-10-1987 by Ord. No. 15-87]

(Reserved)

Editor's Note: Former Subsection H, Stables, added 12-28-1976, was repealed 11-5-2015 by Ord. No. 17-15.

Tennis courts. Tennis courts, when used exclusively for private purposes only, shall be permitted as an accessory use in a residence district, provided that such tennis court shall be set back a minimum distance of 100 feet from the street property line and located to the rear of the principal dwelling and shall be a minimum distance of 10 feet from the rear and side lot lines. Fences may be erected around the perimeter of a tennis court in connection with the use thereof, but in no case more than 10 feet in height, and further provided that no illuminating lights permitting night playing shall be allowed. Any fence used in connection with a tennis court shall be of the chain link variety.

[Added 12-28-1976]

Sheds. As used herein, a shed is hereby defined as a nonpermanent accessory structure situated on a residential lot. The following requirements shall be applicable to the placement of sheds in residential districts:

[Added 7-14-1995 by Ord. No. 11-95]

(1)

A shed shall have a maximum area of 100 square feet and a maximum height of 10 feet measured from the lowest grade to the height of the peak of the roof at its highest point.

(2)

The placement of a shed shall provide for a minimum distance of 35 feet from the side and rear property lines, which distance shall be measured from the roof overhang, if any.

(3)

No lot shall contain more than one shed.

(4)

The placement of a shed shall be limited to the rear yard only; provided, however, that in the case of a corner lot, the shed shall be located in that corner of the property which is the most distant from the two intersecting streets.

(5)

A shed, together with other accessory buildings permitted in this section, shall not occupy more than 10% of the area of the required rear yard.

(6)

Appropriate screening shall be provided so as to obstruct the vision of the walls that face the rear and side yards. Prior to the installation of the shed, the walls that face the rear and side yard shall be screened with conifers at least four feet high at the time of planting and not more than four feet on center.

Light Stanchions.

[Added 8-4-2016 by Ord. No. 7-16]

(1)

Light stanchions shall be permitted on recreation sites in the R-1A Zone, provided that:

(a)

A maximum of six light stanchions may be 90 feet in height.

(b)

A maximum four light stanchions may be 60 feet in height.

(c)

All sports field lighting shall be shielded and also shall be turned off by 10:00 p.m.

(d)

All sports field lighting shall be designed to provide fifty-footcandle lighting levels throughout play areas.

(2)

A minimum twenty-foot buffer shall be required to be provided where any recreation or other public use or amenity physically abuts a residentially zoned property.