[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]
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.
F.
The sale of marijuana and paraphernalia associated with all marijuana
use is hereby prohibited within the Borough of Cresskill.
[Added 6-16-2021 by Ord. No. 21-23-1573]
In an R-40, R-15, and R-10 One-Family Residence Zone, the operation
of medicinal and retail marijuana establishments, which includes retail
marijuana and/or marijuana paraphernalia stores, marijuana cultivation
facilities, marijuana products manufacturing facilities, and marijuana
testing facilities, and the operation of retail marijuana social clubs
are prohibited in the R-40, R-15, and R-10 One-Family Residence Zones
within the Borough of Cresskill and, therefore, all activities related
to the above-mentioned retail uses such as, but not limited to, cultivation,
extraction, manufacturing, processing, storing, laboratory testing,
labeling, transporting, delivering, dispensing, transferring and distributing
are expressly prohibited in any zone within the Borough of Cresskill.
Site development plan approval, in accordance with Chapter 218, Site Development Plan, shall be required prior to the issuance of building permits for the erection or enlargement of all structures and related accessory structures. Such approval shall also be required prior to the issuance of a certificate of occupancy for a change of use.
No person in a residence zone shall store, place,
deposit or permit the continuation of storage, placement or deposit
upon any premises any unregistered motor vehicle or any machinery,
equipment, lumber, building materials or supplies or parts thereof;
provided, however, that unless otherwise prohibited, it shall not
be unlawful to store, place or deposit the foregoing items in a fully
enclosed structure upon such premises. Nothing herein contained shall
be deemed to authorize the erection of a structure or structures not
otherwise authorized to be so erected.
[Added 10-16-1984 by Ord. No. 84-18-884]
A tennis court in residential districts shall
meet the following requirements:
A.
A tennis court shall be permitted only in connection
with a dwelling unit or units erected on the same lot or lots. A tennis
court shall be further permitted on any lot adjoining a lot containing
a dwelling, provided that both lots are in common ownership.
B.
A tennis court, as authorized herein, shall not be
used for commercial purposes.
C.
A tennis court shall be located behind the front setback
line of such dwelling to which it is accessory. When a tennis court
is lighted, side and rear property line minimums shall be 25 feet,
both inclusive of fencing. When a tennis court is not lighted, side
and rear property line minimums shall be 15 feet, inclusive of fencing.
[Amended 1-1-1989 by Ord. No. 88-24-1001]
D.
In all instances or corner lots, the tennis court
shall not be located any closer than 35 feet from either street.
E.
All fences installed in connection with such tennis
court shall be open chain-link cyclone-type fencing or equal type
of permanent fencing and shall not exceed 10 feet in height as measured
from the surface of the tennis court.
(1)
There shall be no material inserted in or attached
to such fencing, such as wind screening, so as to obscure the tennis
court.
F.
Lighting fixtures for a tennis court must comply with
the following regulations:
(1)
Such fixtures shall be a minimum of 20 feet
from the rear and side lot lines.
(2)
Lighting intensity at property lines shall be
a maximum of 0.6 footcandle and shall be conducted in accordance with
generally accepted engineering standards, and the measurement of such
lighting shall include and be the sum of the combined illumination
of the tennis court lighting, other lighting on the premises and lighting
from any natural light sources.
(3)
Lighting of a tennis court is prohibited after
10:00 p.m., except on Friday and Saturday evenings when such lighting
shall be permitted until 11:00 p.m.
(4)
Lighting fixtures shall not exceed 25 feet in
height and shall be mounted and shielded in such a manner as to prevent
the light source being visible off the property.
G.
All applications for permits to install a tennis court
shall be made to the Planning Board for approval and shall include
a detailed plot plan of the entire property showing existing buildings
and proposed tennis court, drawn to scale, with pertinent dimensions
and grade elevations shown in figures at the court, building and property
lines. The plot plan shall be signed by a duly licensed engineer,
registered architect or land surveyor of New Jersey. In addition,
a drainage plan shall be submitted for approval of the Borough Engineer.
Prior to the issuance of any building permit for installation of a
tennis court, the Construction Code Official shall be satisfied that
there has been full compliance with all of the requirements pertaining
to building permits.
I.
As used herein, the term "tennis courts" shall include
paddle ball courts, handball courts and similar areas for recreation.
