A.Â
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.Â
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.Â
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.Â
Schedules.
[Amended 7-13-1994 by Ord. No. 1994:671]
(1)Â
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)Â
Schedule B, Limiting Schedule for Group Gathering
Uses.[3]
(a)Â
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.
[3]
Editor's Note: Schedule B is included at the end of this chapter.
E.Â
Number of uses and buildings per lot.
[Amended 4-21-1980 by Ord. No. 1980:372; 6-10-2015 by Ord. No.
2015:1186]
F.Â
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.Â
Floor area ratios.
[Added 12-14-2005 by Ord. No. 2005: 953[4]]
(1)Â
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)Â
For lot(s) with a lot area of 5,000 square feet
or less, there shall be no maximum floor area ratio.
(b)Â
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)Â
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)Â
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)Â
For lot(s) with a lot area greater than 25,000
square feet, the floor area ratio shall not exceed 0.30.
(2)Â
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.
Setbacks shall be in accordance with the following:
A.Â
District No. 1, Residence Area A.
(1)Â
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)Â
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.Â
District No. 2, Residence Area B.
(1)Â
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)Â
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.Â
District No. 3, Business Area.
(1)Â
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)Â
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.Â
District No. 4, Commercial Area.
(1)Â
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)Â
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.Â
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]
A.Â
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.Â
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.Â
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.Â
Improvements.
(1)Â
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)Â
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)Â
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)Â
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)Â
To allow for no more than a twenty-four-inch
soffit.
[Added 9-12-2001 by Ord. No. 2001:848]
(2)Â
This exception shall be limited to the erection of
one-family dwellings upon any such plot.
[Added 4-29-1987 by Ord. No. 1987:538]
Flag lots shall not be permitted in any district
in the Borough of Closter.
A.Â
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)Â
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.Â
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.Â
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.