Borough of Closter, NJ Article XVII Heights and Open Spaces

§ 200-69 Restrictions; schedule.

A. All buildings hereafter erected, constructed or altered within the Borough of Closter shall be placed and designed in conformity with certain restrictions, which restrictions are set forth in Limiting Schedules A and B in this chapter and made a direct part of this section.[1]

[Amended 7-13-1994 by Ord. No. 1994:671]

[1] Editor's Note: Schedules A and B are included at the end of this chapter.

B. Said schedules shall contain requirements, including but not limited to the height of buildings, the size of lot area, lot width, lot depth, street frontage, number of families, building coverage impervious area coverage, yard setbacks, open space and parking spaces.

[Amended 7-13-1994 by Ord. No. 1994:671]

C. The Mayor and Council of the Borough of Closter deem these requirements as set forth herein and the schedule made a part of this chapter to be necessary for the best public interest and health, comfort, convenience and protection of property values and the preservation of public peace, safety, morals, order and general welfare of the Borough of Closter.

D. Schedules.

[Amended 7-13-1994 by Ord. No. 1994:671]

(1) Schedule A, Limiting Schedule, sets forth the limiting schedule for permitted uses in all Borough districts and for conditional uses in all districts excepting No. 1 Residence Area A and No. 2 Residence Area B.[2]

[2] Editor's Note: Schedule A is included at the end of this chapter.

(2) Schedule B, Limiting Schedule for Group Gathering Uses.[3]

(a) This schedule sets forth the limiting schedule for churches or places of worship as a conditional use and other group gathering uses, only if approved by use variance, in residential zones.

(b) The requirements of Limiting Schedule B are the requirements for all group gathering uses in the Borough's residential districts, notwithstanding the provisions of § 200-70A and B and § 200-71, which regulate residential uses only.

(c) All group gathering uses in residential districts shall also be subject to the conditions imposed upon churches and houses of worship as set forth in § 200-6.1, Conditional uses.

[3] Editor's Note: Schedule B is included at the end of this chapter.

E. Number of uses and buildings per lot.

[Amended 4-21-1980 by Ord. No. 1980:372; 6-10-2015 by Ord. No. 2015:1186]

(1) Number of uses on lot. There shall be no more than one principal use on each lot, with the exception of the Business Area (Zone 3).

(2) Number of principal buildings on a lot. There shall be no more than one principal building on each lot, with the exception of the Business Area (Zone 3).

F. Where there presently exists a building which was in conformity with the zoning regulations of the Zoning Code of the Borough of Closter in District No. 1, Residence Area A, or District No. 2, Residence Area B, at the time of the original construction but which is not in conformity at the time an application is filed with the Construction Official for alteration or addition, the Construction Official shall review the survey showing the proposed construction, and if said survey indicates that the alteration or addition does not violate any currently existing limiting schedule requirement (excepting minimum size of lot and lot width at the building setback line), then a building permit shall be issued without the need of a variance.

[Added 7-24-1985 by Ord. No. 1985:512; amended 4-10-1991 by Ord. No. 1991:609; 11-13-1991 by Ord. No. 1991:616]

G. Floor area ratios.

[Added 12-14-2005 by Ord. No. 2005: 953[4]]

(1) Residential development and construction shall be subject to the maximum floor area ratios contained herein. The maximum floor area ratio that is applicable to a lot(s) is as follows:

(a) For lot(s) with a lot area of 5,000 square feet or less, there shall be no maximum floor area ratio.

(b) For lot(s) with a lot area greater than 5,000 square feet and up to and including 7,500 square feet, the floor area ratio shall not exceed 0.45.

(c) For lot(s) with a lot area greater than 7,500 square feet and less than 10,000 square feet, the floor area ratio shall not exceed 0.40.

(d) For lot(s) with a lot area of 10,000 square feet and less than 25,000 square feet, the floor area ratio shall not exceed 0.35.

(e) For lot(s) with a lot area greater than 25,000 square feet, the floor area ratio shall not exceed 0.30.

(2) Nothing herein shall be construed to alter the minimum lot area requirements of the Limiting Schedule.

[4] Section 4 of this ordinance provided in part as follows: Any and all applications for zoning approval submitted on or before October 26, 2005, and approved within the statutory period shall not be subject to the FAR Ordinance restrictions, and any and all construction projects for which building permits have been issued on or before October 26, 2005, shall not be subject to the FAR Ordinance restrictions.

§ 200-70 Setbacks.

Setbacks shall be in accordance with the following:

A. District No. 1, Residence Area A.

(1) Average setback of existing buildings on the same side of the street between intersecting streets. The maximum requirements in any case shall be 50 feet. Where no buildings exist in the same block, the minimum depth of the front yard shall be 35 feet.

(2) Dwellings on corner lots shall have the required front setback upon the street which the residence faces. The other street frontage shall comply with the average setback of existing buildings on the same side of the street between intersecting streets. The maximum requirements in any case shall be 50 feet. Where no buildings exist in the same block, the minimum depth of the front yard shall be 35 feet.

B. District No. 2, Residence Area B.

(1) Average setback of existing buildings on the same side of the street between intersecting streets. The maximum requirement in any case shall be 40 feet. Where no buildings exist in the same block, the minimum depth of the front yard shall be 25 feet.

(2) Dwellings on corner lots shall have the required front setback upon the street which the residence faces. The other street frontage shall comply with the average setback of existing buildings on the same side of the street between intersecting streets. The maximum requirement in any case shall be 40 feet. Where no buildings exist in the same block, the minimum depth of the front yard shall be 25 feet.

C. District No. 3, Business Area.

(1) A minimum depth or setback which shall be equal to the average setback of the two nearest adjacent buildings or structures permitted in the Business Area or a distance of 10 feet from the front property line, whichever is the lesser.

(2) Wherever there is an existing residential structure erected upon a lot in the Business Area, upon which lot it is desired to erect a structure permitted in this district, said new structure shall be assessed to the existing residential structure and, thereafter, the first floor of said residential structure shall be used only for a use permitted in said area, exclusive of a use permitted in Residential Area A or Residential Area B where the same is situate.

D. District No. 4, Commercial Area.

(1) A minimum depth or setback which shall be equal to the average setback of the two nearest adjacent buildings or structures permitted in the Commercial Area or a distance of 10 feet from the property line, whichever is the lesser.

(2) Wherever there is an existing residential structure erected upon a lot in the Commercial Area, upon which lot it is desired to erect a structure permitted in this district, said new structure shall be assessed to the existing residential structure, and thereafter, the first floor of said residential structure shall be used only for a use permitted in said area, exclusive of a use permitted in Residential Area A or Residential Area B where the same is situate.

E. District No. 5, Industrial Area. Wherever there is an existing residential structure erected upon a lot in the Industrial Area, upon which lot it is desired to erect a structure permitted in this district, said new structure shall be assessed to the existing residential structure, and thereafter, the first floor of said residential structure shall be used only for a use permitted in said area, exclusive of a use permitted in Residential Area A or Residential Area B where the same is situate.

[Amended 12-12-1979 by Ord. No. 1979:368; 6-23-1980 by Ord. No. 1980:381; 6-24-1981 by Ord. No. 1981:408]

§ 200-71 Exceptions to limiting schedule.

A. Any plot 50 feet or more in width existing as a separate parcel and not complying with the requirement at the time of passage of this chapter (December 19, 1940) may, notwithstanding such fact, be improved with a building in accordance with the other regulations of its district, provided that the owner owns no adjacent land which may be included as part of the lot in question. This exception is limited to the erection of one-family dwellings and applies only to parcels located in District No. 2, Residence Area B.

B. Any plot 60 feet or more in width existing as a separate parcel prior to July 21, 1943, and not complying with the requirements of the limiting schedule for District No. 2, Residence Area B, under frontage width, as amended, may, notwithstanding such fact, be improved with a building in accordance with the other regulations of its district, provided that the owner owns no adjacent land which may be included as part of the lot in question. This exception is limited to the erection of one-family dwellings and applies only to parcels located in District No. 2, Residence Area B.

C. Any plot 75 feet or more in width existing as a separate parcel prior to July 21, 1948, and not complying with the requirements of the Limiting Schedule, District No. 1, Residence Area A, under frontage width, as amended may, notwithstanding such fact, be improved with a building in accordance with other regulations of its district, provided that the owner owns no adjacent land which may be included as part of the lot in question. This exception shall apply only to parcels of land situated in District No. 1, Residence Area A.

D. Improvements.

(1) Any plot, either in District No. 1, Residence Area A, or District No. 2, Residence Area B, may be improved with a building in accordance with other regulations of its district, provided that such plot or parcel shall, prior to the date of the passage of this chapter, fulfill either of the following requirements:

(a) Said parcel shall have existed as a separate parcel and shall have constituted a legal building plot prior to the passage of this chapter, provided that the owner thereof owns no adjacent land which may be included as part of the plot in question; or

(b) Said plot was included as part of a subdivision heretofore approved by the Planning Board of the Borough of Closter and constituted a legal building plot in said subdivision prior to the passage of this chapter.

(c) To allow for no more than a twenty-four-inch-by-seventy-eight-inch extension for a chimney structure to the side yard limitations of this chapter.

[Added 9-8-1999 by Ord. No. 1999:807]

(d) To allow for no more than a twenty-four-inch soffit.

[Added 9-12-2001 by Ord. No. 2001:848]

(2) This exception shall be limited to the erection of one-family dwellings upon any such plot.

§ 200-72 Flag lots.

[Added 4-29-1987 by Ord. No. 1987:538]

Flag lots shall not be permitted in any district in the Borough of Closter.

§ 200-73 Drainage rights-of-way.

A. No building, structure or any part thereof and no fence or other structure shall be constructed, altered, located or placed nearer to the center line of any drainage canal, stream or brook than as hereinafter specified:

(1) Tenakill Brook (also known as "Tenakill Drainage Canal"). For that section of Tenakill Brook from the boundary between the Borough of Norwood and the Borough of Closter to Durie Avenue: 55 feet; for that section of Tenakill Brook from Durie Avenue to the boundary between the Borough of Closter and the Borough of Demarest: 50 feet.

B. No bridges, culverts, viaducts, watersheds or drainage structures or any structures shall be constructed over, under or in the bed or across any brook, drainage canal or stream unless the same shall have been designed by a licensed professional engineer of the State of New Jersey and reviewed and approved by the Borough Engineer and approved by the Mayor and Council of the Borough of Closter. Such approval shall be denied if, in the opinion of the Borough Engineer, the proposed bridge, culvert, viaduct, watershed or drainage structure or other structure shall obstruct the flow of water in said drainage canal, brook or stream to such an extent as to be liable to cause flooding in the area.

C. Nothing hereinafter provided shall be construed so as to prohibit the construction of a bridge, culvert, viaduct, watershed or drainage structure by any governmental agency authorized so to do.