Closter City Zoning Code
ARTICLE VI
District No. 3, Business and Residential Area
§ 200-11 Uses.
In the Business Zone, 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 and Residence Area B.
B.
Offices of a lawyer, accountant, medical doctor or similar professional offices, bank, corporation, mortgage loan association, real estate or insurance agent or broker.
C.
Shops or stores for retail merchandise, provided that there is no fabricating, manufacturing, converting, altering or assembling of articles except as incidental to the particular retail trade to be conducted. By way of illustration the following retail uses are permitted: Appliance stores, art galleries, antique shops, bakeries, book and stationary stores, butchers, candy and confectionery stores, computer, telephone and other electronic equipment sales and rentals, delicatessens, department stores, drug stores, dry cleaning and laundry establishments, electrical repairs and sales stores, florists and garden supply shops, food and grocery stores, furniture stores, hardware stores, hobby and crafts stores, office equipment stores, package liquor stores, painting, plumbing and wallpaper stores, pet shops, photographic equipment and supply stores, shoe repair shops, supermarkets, travel agencies, undertaker and funeral parlor, videotapes and equipment sales, rentals and repairs, wearing apparel shops.
D.
Movie theaters, restaurants, taverns or bars, ice cream and soft drink parlors.
E.
Service establishments, including barber shops, manicure shops, beauty parlors, hairdressers, health and fitness spas, tailor, milliner and dressmakers.
F.
Outdoor cafes either on private property or within the public sidewalk right-of-way as accessory uses to an eating establishment, provided that the same meets the licensing requirements of Chapter 141, Outdoor Cafes.
G.
Cooperative sober living residences.
§ 200-12 Conditional uses.
In the Business and Residential Area District, until such time that the Borough of Closter has addressed its 1987-1999 housing obligation, the following use may be granted as a conditional USC by the Planning Board. Accessory apartment, defined as a self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created for occupancy by a low- or a moderate-income household, as defined by the Council on Affordable Housing; and subject to the following conditions:
A.
The apartment is located above the first floor within an existing permitted principal or accessory building
B.
The building containing the apartment conforms to the height limitations and yard requirements established within the zoning district;
C.
The apartment shall be in full compliance with all applicable health and construction codes;
D.
Each apartment shall have a minimum of two rooms (excluding bathrooms);
E.
Each apartment shall have a separate door with direct access to the outside or to a hall with direct access to the outside;
F.
The potable water supply and sewage disposal system for the accessory apartment shall be adequate;
G.
The household occupying the unit must meet the income limitations established by the Council on Affordable Housing (COAH) for the Bergen-Passaic-Hudson-Sussex Housing Region;
H.
Affordability controls of at least 10 years shall be imposed on the accessory apartment via a deed restriction acceptable to the Borough's attorney;
I.
Rents of accessory apartments shall be affordable to low- or moderate-income households as per COAH regulations and shall include a utility allowance. If more than one apartment is proposed for any property, at least 50% of all apartments shall be affordable to low-income households; and
J.
The owner of the accessory apartment(s) shall submit an affidavit of continuing use every two years.