[Amended 12-21-1982 by Ord. No. 82-22-835; 12-15-1993 by Ord. No. 93-19-1099; 12-18-1996 by Ord. No. 96-21-1156; 5-5-2010 by Ord. No. 10-11-1390; 10-3-2018 by Ord. No. 18-17-1529; 6-16-2021 by Ord. No. 21-23-1573; 1-7-2026 by Ord. No. 25-28-1684]
No building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:
A.
One-family detached dwellings, not to exceed one such dwelling on each lot. A minimum of 50% of the primary use of such dwelling (exclusive of basement and garage areas) shall be utilized as living space. For such calculation, “living space” shall be defined as the space within the dwelling utilized for living, sleeping, eating, cooking, bathing, washing and sanitation purposes. Indoor recreation areas, including, but not limited to, swimming pools, tennis and/or basketball courts, shall not be included in such calculation.
B.
Public buildings, structures and uses owned and operated by the Borough, the Board of Education or a higher governmental authority, except dumps.
C.
The raising of field and garden crops, vineyards and orchard farming and the maintenance of nurseries, provided that there are no sales of the products thereof and no building is erected.
D.
The following uses are permitted, conditional upon the approval of the Planning Board in accordance with the procedures and subject to the general objectives set forth in Chapter 218 of this Code, Site Development Plan, and to any specific requirements set forth below:
(1)
Places of worship, including parish houses; schools; and philanthropic and eleemosynary institutions, subject to the following requirements:
(a)
Any school permitted under this subsection shall be a nonprofit organization within the meaning of the Internal Revenue Code of 1954 and shall be registered effectively as such thereunder.
(b)
No such building or part thereof shall be erected nearer than 50 feet to any street or property line.
(c)
The sum of all areas covered by all principal and accessory buildings shall not exceed the lot coverage permitted in the zone in which it is located.
(2)
Railroad and public utility rights-of-way and structures necessary to serve areas within the Borough, subject to such conditions as the Planning Board may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
(3)
Catering facilities.
(a)
Any catering facility shall be required to have a minimum lot area of 250,000 square feet of lot area.
(b)
A minimum principal building setback of 60 feet shall be provided from all property lines.
(c)
A maximum building coverage of 10% shall be permitted.
(d)
A maximum impervious coverage of 50% shall be permitted.
(e)
A maximum floor area ratio of 0.20 FAR shall be permitted.
(f)
A maximum building height of 2.5 stories and 30 feet shall be permitted.
E.
Accessory uses, limited to the following:
(1)
Professional office or studio of a lawyer, architect, insurance agent, notary public, artist, dentist, musician, teacher, physician, osteopath or chiropractor, but not including veterinarians, provided that:
(a)
Such office or studio is incidental to the residential use of the premises and is carried on by a resident thereon, with not more than one nonresident assistant.
(b)
Such office or studio shall occupy not more than 50% of the area of one floor of the main building.
(c)
Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.
(d)
Medical centers, barbershops, beauty parlors, real estate offices, funeral homes or similar uses shall not be considered permitted accessory uses.
(3)
Private garage, provided that in the case of a one-family dwelling such garage shall have the capacity of not more than three passenger automobiles. In an R-40 Zone, such capacity shall not exceed four automobiles. No more than one such space may be leased to a person not resident on the premises.
(4)
Keeping domestic animals for individual domestic purposes or as pets only.
(5)
Signs, limited as set forth in Article XIV and as follows:
(a)
One nonilluminated nameplate or professional sign, with an area of not over two square feet.
(b)
One temporary nonilluminated sign advertising the sale or rental of the home or lot on which such sign is situated, with an area of not over four square feet, provided that such sign is located-on the front wall of a building or, if freestanding, then not nearer than 20 feet, to any street line and 15 feet to any property line.
(c)
One indirectly illuminated bulletin board or other announcement sign for educational or religious institutions permitted in Subsection D(1) of this section, with an area of not over 12 square feet, provided that such sign is located not nearer than 20 feet to any front lot line or to any street line or 15 feet to any rear or side lines or attached to the building, if closer.
(d)
One temporary nonilluminated sign advertising the sale of homes or lots in a subdivision on which the sign is located, provided that it does not have an area greater than 12 square feet and is not nearer than 20 feet to any front lot line or 15 feet to rear and side yards.
(e)
Exemptions. All Borough property within the R-40, R-15 and R-10 One-Family Residence Zones is specifically exempted from the regulations and restrictions contained in this section.
(6)
Stationary generators, air-conditioner and compressor units.
(a)
Exterior stationary generators, air-conditioner compressors units are permitted as accessory uses but are required to be located within the side or rear yards.
(b)
The footprint of stationary generators, air-conditioner compressors units may not exceed 15 square feet each and must be located no more than three feet from the residential dwelling and shall be set back a minimum of five feet from any operable window, door and meet manufacturer specifications for installation requirements. Stationary generators, air-conditioner compressors, or units cannot be located within the required front yard and must be located a minimum of 10 feet from the property line.
(c)
Stationary generators, air-conditioner compressor units must be maintained in good working order consistent with manufacturer specifications, may only be powered by natural gas, propane, or gasoline/diesel fuel, and shall not exceed a noise level of 85 dba at the source and 50 dba at the property line. Decibel levels should not be enforced during periods of power outages.
(d)
Stationary generators, air-conditioner compressors units are required to meet all applicable accessory structure setback requirements. Stationary generators, air-conditioner compressors or units are not considered a second or third accessory structure under this subsection.
(e)
Stationary generators, air-conditioner compressor units are subject to applicable local and state noise ordinance regulations.
F.
The sale of marijuana and paraphernalia associated with all marijuana use is hereby prohibited within the Borough of Cresskill.