Closter City Zoning Code
ARTICLE V
District No. 2, Residence Area B
§ 200-9 Uses.
In Residence Area B, no building or premises shall be used and no building or part of a building shall be erected, constructed or altered which shall be arranged, intended or designed to be used for any purpose other than the following uses:
A.
Any use permitted in Residence Area A.
B.
Single detached homes used for not more than two families per structure and a double house used as a two-family residence; provided, however, that the same shall be permissible only in the conversion of a residential structure existing upon the effective date of this chapter and only where said structure and land upon which it is existing complies with the provisions of this chapter and with the provisions of all other municipal ordinances and codes.
C.
Affordable accessory apartment.
[Added 12-20-2018 by Ord. No. 2018:1246]
(1)
Accessory apartments are permitted accessory uses, provided the units are affordable to low- and moderate-income households, for those properties that are located in the District No. 2, Residence Area B and:
(a)
Are located in the Closter Historic District pursuant to the April 6, 2011 Closter Historic Preservation Plan; or
(b)
Have frontage on a Bergen County Road (listed below): Knickerbocker Ave., Schraalenburgh Road, Harrington Ave., County Road, Old Closter Dock Road, High Street, Durie Ave., Demarest Ave., Piermont Road and Old Hook Road.
(2)
Accessory apartments shall comply with all applicable statutes and regulations of the State of New Jersey in addition to all building codes.
(3)
Accessory apartments shall be subject to Uniform Housing Affordability Control (U.H.A.C.) requirements, including marketing and rental prices, but are exempt from the bedroom mix requirements. Accessory apartments shall be affordable to low- or moderate-income households as per U.H.A.C. requirements.
(4)
At the time of initial occupancy of the unit and for at least 10 years thereafter, the accessory apartment shall be rented only to a household that is either a low- or moderate-income household. There shall be a recorded deed or declaration of covenants and restrictions running with the land for 10 years that is applied to the property upon which the accessory apartment is located. This deed restriction shall limit its subsequent rental or sale of the unit and the accessory apartment. A copy of the recorded deed shall be provided to the zoning officer of the Borough of Closter prior to the issuance of a certificate of occupancy.
(5)
At the conclusion of the ten-year time period, the deed restriction may be extended. If the deed restriction is not extended, the homeowner shall apply for the requisite municipal approvals to maintain the accessory apartment.
(6)
The Borough shall provide $20,000 per unit to subsidize the creation of each accessory apartment unit.
(7)
The appropriate utility authority must certify that there is water and sewer infrastructure with sufficient capacity to serve the proposed accessory apartment.
(8)
There is no bedroom distribution requirement for accessory apartments.
(9)
The maximum permitted square footage for an accessory apartment shall be 1,200 square feet.
(10)
Property owners wishing to apply to create an accessory apartment shall submit to the Construction Code Official and the Zoning Officer the following:
(a)
A floor plan(s) showing the location, size and relationship of both the accessory apartment and the primary dwelling within the building. Said plan shall be prepared by a professional licensed in the State of New Jersey, such as a licensed architect, surveyor, engineer or planner.
(b)
Elevations showing the modifications of any exterior building facade to which changes are proposed.
(c)
A plan showing the location of the existing dwelling and other existing buildings; all property lines; proposed addition, if any, along with the minimum building setback lines; the required parking spaces for both dwelling units; and any man-made conditions which might affect construction. The plan should confirm that the dwelling unit with the accessory apartment meets all required bulk regulations and setbacks for the zone district in which it is located.
§ 200-9.1 Conditional uses.
§ 200-10 Space requirements.
No single-family residence area hereafter erected shall contain less than 900 square feet for floor area, exclusive of porches and garages, where all living spaces are located on one floor and less than 1,200 square feet where living spaces are divided on two floors. In computing the square feet area of the second floor, 75% of said floor area shall have a ceiling height of not less than seven feet six inches. Finished living spaces in basements or attics shall not constitute any part of the required area.