Closter City Zoning Code
ARTICLE XIII
General Regulations
§ 200-59 Roadstands prohibited.
No structure commonly known as a "roadstand" which is used for the sale of foodstuffs, beverages, confections, cigars, cigarettes or tobacco in any form or any other products shall be permitted in the Borough of Closter. This restriction shall not apply to stands selling farm products which have been raised or produced on the premises.
§ 200-60 Permits for hospitals; data required.
The Board of Adjustment, as created herein, may authorize the issuance of permits to build a hospital for other than contagious diseases, philanthropic and eleemosynary institutions, public or private, but not treating contagious diseases and not for the care of epileptic, insane, feebleminded, drug or liquor patients. Said Board of Adjustment shall not issue said permits in any case where the premises are contained in Residence Area A. Before any permit shall be issued, proof shall be furnished that the building or places to be used shall be located at least 50 feet from the nearest adjoining premises and that parking facilities for visitors, employees and the staffs of such institutions or establishments are available and arranged for such use on the premises so as to avoid congestion of traffic on the public streets. Proof shall also be furnished, to be evidenced by a certificate from the Board of Health of the Borough of Closter, that the use will comply with all state and local health regulations. Proof shall also be furnished to the satisfaction of the Board of Adjustment that such use will not constitute a nuisance and be prejudicial to the public welfare or be detrimental to the preservation of the general character of the neighborhood.
§ 200-61 Permits for mortuary parlors; data required.
The Board of Adjustment, as created herein, shall also authorize the issuance of permits for undertaking or mortuary parlors. Said permits shall not be issued in any case where the premises are contained in Residence Area A. Before said permit shall be issued, proof shall be furnished that the building or place to be used shall be located at least 50 feet from the nearest adjoining premises. Further proof shall be furnished that parking facilities shall be available on the premises in order to avoid congestion of traffic on the public streets.
§ 200-62 Permits for amusement parks, etc; restrictions.
[Amended 8-11-1980 by Ord. No. 1980:387; 9-9-1992 by Ord. No. 1992:633]
A.
All permits for the use of premises for amusement parks, circuses or carnivals shall be issued by the Mayor and Council of the Borough of Closter, but no permit shall be issued for any said purpose for any lands, premises or buildings in Residence Area A or Residence Area B.
B.
The provisions of this chapter which prohibit the use of premises for an amusement park, carnival or circus shall not apply to any charitable organization requesting a permit, provided that:
(1)
Such activities are conducted on property owned by such charitable organization.
(2)
Such activities are in compliance with N.J.S.A. 5:8-1 et seq. and the rules and regulations as promulgated by the Legalized Games of Chance Control Commission.
(3)
Approval of said permit is granted by resolution of the Mayor and Council of the Borough of Closter
§ 200-63 Specific use regulations for all districts.
The provisions, restrictions, prohibitions and requirements hereinafter set forth shall apply to all districts set forth and designated in this chapter.
A.
No building, structure, premises or lot of land shall be used for any trade, industry, business or purpose which is or may reasonably be expected to be noxious, obnoxious or offensive by reason of causing or emitting odors, smoke, vapor, gas, dust, refuse matter, noise or vibration, radioactivity or electronic interference or is dangerous to the public health, safety, morals or welfare of the Borough.
B.
No building, structure or premises or part thereof shall be used as a trailer camp or for the parking, storage or sale of trailers. The word "trailer" herein means any mobile or portable structure designed, intended or suitable for use as a dwelling.
C.
No building, structure, premises or part thereof may be used for a motor court, motel, motor hotel, hotel or use of a similar nature or for any drive-in restaurant, refreshment stand or ice cream parlor or establishment.
D.
No building, structure or premises shall be used for or in conjunction with the outdoor sale of automobiles or for the sale of more than one used car or for the following purposes:
(1)
Sale of used or secondhand materials or parts.
(2)
Outdoor storage of motor vehicles or other power equipment not in operating condition.
(3)
Storage or sale of surplus materials or junk, including wrecked or junked automobiles.
(4)
Outdoor storage of contractor's power-operated or power-actuated equipment.
(5)
Drive-in theaters.
(6)
Outdoor or drive-in food markets.
(7)
Outdoor storage of supplies, parts, components, raw materials, goods in process or finished goods, except, however, trees, shrubs, plants or other garden supply products.
E.
No building shall be erected, constructed or altered for any nonresidential use or purpose unless the provisions of Article IX shall have been followed and until the site plan, as therein set forth, shall have been approved by the Planning Board and by the Mayor and Council.
F.
Temporary permits may be issued for a use permitted in a zone for a duration of no longer than one month (30 days), up to a maximum of three temporary permits per vendor in any twelve-month period. The duration of the temporary permit may be waived and/or revised by the Mayor and Council. To obtain a waiver/revision, the applicant must submit a written appeal to the Mayor and Council, via the Borough Clerk. Thereafter, the appeal shall be heard as soon as practicable at a public meeting.
[Added 9-14-2016 by Ord. No. 2016:1210]
G.
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,[1] are hereby prohibited in all zones. Additionally, all medical cannabis establishments, as established in N.J.S.A. 24:6I-1 et seq. or any amended or supplemented statutory guidelines authorized by the Cannabis Regulatory Commission, are hereby prohibited in all zones. However, the delivery of cannabis items and related supplies by a delivery service is not prohibited.
[Added 5-12-2021 by Ord. No. 2021:1279; amended 1-26-2022 by Ord. No. 2022:1289]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
§ 200-64 Specific use regulations for District Nos. 1 and 2.
The provisions, restrictions, prohibitions and requirements hereinafter set forth shall apply to District Nos.1 and 2 set forth and designated in this chapter.
A.
The owner or occupant of residential premises may store his or her own boat or a boat for his or her own use, provided that:
[Amended 12-11-1985 by Ord. No. 1985:519]
(1)
The boat is stored so that no portion of the boat is between the building setback line and the front property line. On corner lots, each adjoining street frontage shall be considered to have a building setback line and a front property line.
(2)
No boat shall be stored closer than five feet to any property line.
B.
Every principal building shall be built upon a lot with frontage upon a public street improved to meet the Borough's standards and accepted by the Borough for maintenance.
C.
A yard or other open space provided about any buildings for the purpose of complying with the provisions of this chapter shall not be considered as providing a yard or open space for any other building, and a yard or other open space on another lot shall not be considered as providing a yard or open space for a building on any other lot.
D.
Accessory buildings in residential zones shall be located within the setback line controlling principal buildings on adjoining lots on the same side of the street within the same block.
E.
Commercial motor vehicles.
[Added 7-28-1976 by Ord. No. 1976:288]
(1)
Commercial motor vehicle defined. "Commercial motor vehicle" shall mean and include every type of motor-driven vehicle used for commercial purposes, including but not limited to the transportation of goods, materials, wares, chattels and merchandise and motor vehicles used for making service calls which have a gross registered vehicle weight in excess of 7,000 pounds. An exception is made for recreational vehicles which are registered as such.
(2)
No commercial vehicle, bus, truck or tractor shall be parked in Residence District Nos. 1 or 2, except for commercial vehicles during the course of services or repairs being rendered to or at a residence at which such vehicle is parked.
F.
Front yard parking or standing of motor vehicles. No person shall park, stop or stand any motor vehicle or permit or suffer the same to be done for any extended period in any front yard, as defined in § 200-5, except on driveways constructed and installed in compliance with applicable Borough ordinances. For purposes of this subsection, "extended period" shall mean on a regular basis, not necessarily daily or continuous, so as to be a normal practice; it shall not include periods of time where, by way of example, a family member is home on school break or summer vacation.
[Added 12-9-1992 by Ord. No. 1992:642]
§ 200-64.1 Home office uses in residential zones.
[Added 8-23-2000 by Ord. No. 2000:831]
Home office use, meaning an office activity carried on for gain by a resident in a dwelling unit, shall be a permitted accessory use in residential zone districts, provided:
A.
The use is limited solely to office use;
B.
The use is operated by or employs in the residence only a resident or residents who are permanent full-time residents of the dwelling unit, and no other persons;
C.
No nonresident employees, customers, or business invitees or guests shall visit the dwelling unit for business purposes;
D.
The use shall be located in only one room of the dwelling unit, which shall not be served by an entrance separate from the household;
E.
Interior storage of materials shall only consist of office supplies;
F.
There shall be no change to the exterior of buildings or structures because of the use, and no outside apearance of a business use, including, but not limited to parking, storage, signs, or lights.
G.
The use operates no equipment or process that creates noise, vibration, glare, fumes, odors, or electrical or electronic interference, including interference with telephone, radio or television reception, detectable by neighboring residents;
H.
The use does not require any increased or enhanced electrical or water supply;
I.
The quantity and type of solid waste disposal is the same as other residential uses in the zone district;
J.
The capacity and quality of effluent is typical of normal residential use, and creates no potential or actual detriment to the sanitary sewer system or its components;
K.
Delivery trucks shall be limited to United States Postal Service, United Parcel Service, Federal Express, and other delivery services providing regular service to residential uses in the zone district;
L.
All vehicular traffic to and from the home office use shall be limited in volume, type and frequency to what is normally associated with other residential uses in the zone district.