This chapter shall apply to the construction, nature and extent of the use of all buildings and to the nature and extent of the use of all land. Except as previously or hereinafter provided, no building, structure or land, or any part thereof, shall be used or occupied, and no building or structure shall be erected, constructed, relocated, repaired, enlarged, converted or structurally altered, unless in conformity with all of the regulations of this chapter specified for the district in which it is located.

All regulations set by this chapter within each of the districts shall be minimum regulations and shall apply uniformly to each class or kind of structure or land except as hereinafter provided.

Second dwelling prohibited. In no case shall there be permitted more than one residential building on each subdivision lot of record.

All principal buildings shall be built upon a lot with frontage on a public street or on a private street approved by the Planning Board.

Location.

Accessory structure as part of principal building. Nothing contained herein shall prevent the construction of a private garage as a structural part of a main dwelling, provided that when so constructed the garage walls shall be regarded as the walls of the main dwelling in applying the front, rear and side yard regulations of this chapter.

Area restriction. In any residence zone, accessory buildings and one-story rear appendages may occupy, in the aggregate, not more than 50% of the required rear yard area.

Distance from adjacent buildings. The minimum distance of any detached accessory structure from the adjacent main building shall be five feet.

Height restrictions. In any residence district, no accessory building shall exceed 15 feet in height.

Distance from street line. On through lots (any lot running from one street to another), no accessory building erected in the rear yard shall be nearer the street line than the minimum distance specified for a front yard setback on that part of the street which the yard abuts.

Accessory building not to be resided in. No accessory building erected in a required yard on any lot within any zone shall be used for residential dwelling or rooming unit purposes.

On any lot running through from one street to another, the front of the lot shall, for the purposes of this chapter, be considered that frontage upon which the majority of the buildings in the same block front; but in case there has been no clearly defined building frontage established, the owner may, when applying for a building permit, specify which lot line shall be considered the front lot line.

In the case of lots fronting on the turnaround of a cul-de-sac street or fronting upon any other curved street, lot frontage (as distinguished from lot width) may equal but shall be no less than 2/3 of the required lot width as set forth in the Schedule of Area, Yard and Building Requirements, located at the end of this chapter.

All front yards must face on a dedicated public street or on a private street.

Where a building lot has frontage upon a street which on the Master Plan or Official Map of the Borough of Caldwell is contemplated for right-of-way widening, the required front yard area shall be measured from such proposed future right-of-way line.

No yard or any other open space required about or in connection with any building or buildings for the purpose of complying with this chapter shall be included as part of a yard or open space similarly required for any other building.

No existing yard or existing lot shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet or exceed the minimum requirements established herein.

Except as hereinafter specified in this subsection, every part of a required yard shall be open to the sky, unobstructed except for the following man-made structures:

The requirements of this subsection respecting yards and courts shall not apply to any necessary retaining wall or steps nor to any fence or wall which is less than four feet high.

Vision clearance on corner lots. In any district, on any corner lot, within the triangular area determined as provided in this subsection, no wall, fence, sign or other structure shall be erected to a height in excess of three feet above curb level, and no vehicle, object or any other obstruction of a height in excess of three feet shall be parked or placed; and no hedge, shrub or other growth shall be maintained at a height in excess of three feet, except that trees whose branches are trimmed away to a height of at least 10 feet above curb level shall be permitted. Such triangular area shall be determined by the intersecting street lot lines and by the diagonal line connecting a point on each street lot line, each at a distance of 25 feet from the intersection of such lot lines.

Adjustment of yard sizes in districts adjoining more restricted districts. Along and adjacent to any boundary line between two different kinds of districts, yards or courts required in the less restricted district shall be at least equal in depth or width, respectively, to the depths or widths required for yards or courts in the more restricted district.

No fence or other man-made structure in a rear yard shall exceed six feet in height at any point. No fence or other man-made structure in a side yard shall exceed four feet in height at any point. No fence or other man-made structure in a front yard shall exceed three feet in height at any point. Fence height shall be measured from existing ground levels.

No fence shall be placed within 10 feet of a front lot line.

No fence within 25 feet of a corner of two intersecting streets shall exceed 36 inches in height, as measured from existing ground levels.

All fences shall be installed or erected as close to the ground as possible. The height of a fence may exceed the permissible height to conform to existing ground heights; provided, however, that 80% of the fence shall not exceed the maximum height allowed.

Decorative-type structural posts may extend no more than six inches above the top of the fence.

Fences shall be constructed with the face or finished side away from the property on which the fence is constructed and the structural side toward the interior of said property.

No fences or other enclosures shall be installed within six inches of the property line.

Fences shall be erected so as to permit the flow of natural drainage and shall not cause surface water to be dammed or to create ponding.

Fences shall be maintained to assure the structural integrity of the fence and to prevent all or portions of the fence from encroaching over the property line and shall be maintained so as to prohibit an unsightly appearance to adjoining property owners. "Unsightly appearance" shall include the following:

The following fences and fence materials are specifically prohibited: barbed wire; chicken wire; pointed iron slats or pickets; canvas; cloth; fiberglass; poultry netting; temporary fences such as snow fences, except where necessary for active construction; and collapsible fences, except during active construction.

Despite anything contained herein to the contrary, no fence shall be erected that interferes with the public right-of-way or interferes with the visibility of vehicular and pedestrian traffic proceeding along any public right-of-way.

Where commercial and/or business property abuts residential property, chain-link fences shall include privacy inserts.

No private swimming pool or wading pool shall be constructed or installed on any lot unless upon such lot there exists a residence building. No private swimming pool or wading pool or part thereof shall be constructed or installed:

Bathhouses, sun decks, buildings or structures to house mechanical equipment or for storage purposes shall be considered as accessory buildings and located in accordance with this chapter. When attached to the main building, they shall be considered as part of such and located in accordance with this chapter.

The minimum rear yard area of any lot, as required by this chapter, shall not be occupied or have built upon it any swimming pool or any accessory buildings or structures in excess of 30% of the required yard area.

In areas with slopes greater than 35%, no disturbance shall be permitted.

In areas with slopes greater than 25% to 35%, no more than 30% of such area shall be disturbed.

In areas with slopes greater than 15% to 25%, no more than 60% of such area shall be disturbed.

In areas with slopes of 15% to 0%, unlimited disturbance shall be permitted, provided it is in compliance with other provisions of the ordinance.

The use is accessory to one of the following principal uses: beauty shop, salon, spa, municipal community center or sports facility.

All persons employed, or to be employed, by the establishment for the purpose of conducting massage, bodywork or somatic therapy shall be certified by the State of New Jersey pursuant to the Massage, Bodywork and Somatic Therapist Certification Act,[3] as may be amended from time to time, and such certification shall remain current.

The name, permanent address, and local address of both the owner of the business and of those employed in connection with the providing of massage, bodywork or somatic therapy shall be on file with the Zoning Enforcement Officer.

A zoning permit specifically related to the accessory use shall be obtained prior to the start of any such accessory use. Prior to the issuance of such zoning permit, the Board of Health of the Borough of Caldwell shall review the facility for compliance with the Massage, Bodywork and Somatic Therapist Certification Act and the regulations promulgated pursuant thereto. The Board of Health shall issue a report to the Zoning Enforcement Officer with reference to such compliance. No zoning permit shall be issued if the Board of Health advises the Zoning Enforcement Officer of a violation of the statute or regulations or if the Zoning Enforcement Officer finds that the applicant is not in compliance with all of the requirements of this section of the chapter.

Copies of all certifications issued pursuant to the Massage, Bodywork and Somatic Therapist Certification Act shall be on file with the Zoning Enforcement Officer.

The use shall obtain a renewal of the zoning permit by no later than March 1 of every year. Prior to the issuance of such zoning permit, the Board of Health of the Borough of Caldwell shall review the facility for compliance with the Massage, Bodywork and Somatic Therapist Certification Act, and the regulations promulgated pursuant thereto. The Board of Health shall issue a report to the Zoning Enforcement Officer with reference to such compliance. No zoning permit shall be issued if the Board of Health advises the Zoning Enforcement Officer of a violation of the statute or regulations, or if the Zoning Enforcement Officer finds that the applicant is not in compliance with all of the requirements of this section of the chapter.

There shall be no violations of the Massage, Bodywork and Somatic Therapist Certification Act or the regulations promulgated thereunder, as may be amended from time to time. Any such violation shall result in an automatic rescission of the zoning permit.

The accessory use shall not operate in an area in excess of 25% of the area designated for the principal use.

There shall be no more than two rooms designated for massage, bodywork and somatic therapy for every 1,000 square feet of space occupied by the principal use. There shall be no separate entrance to those rooms, and access shall be through the access to the principal use.

Rooms where massage, bodywork and somatic therapy shall be performed shall measure a minimum of 100 square feet.

The accessory use shall only operate during the business hours of the principal use.

Any sign advertising the accessory use shall be limited to no more than two square feet and be nonilluminated. Such square footage shall be included in the calculation of total sign area and not in addition to the total permitted.

Mobile temporary storage units shall be permitted on private property, provided that:

The Building Code Enforcement Officer shall dictate the location of a temporary storage unit on a property, taking into account accessibility, safety and aesthetics.

All classes of cannabis establishments or cannabis distributors or cannabis delivery services as said terms are defined in section 3 of P.L. 2021, c. 16,[4] but not the delivery of cannabis items and related supplies by a delivery service.