North Caldwell City Zoning Code
§ 107-21
R-1 Residence District.
A.
Permitted principal uses are as follows:
(1)
Single-family detached dwellings used as a residence by not more than one family.
(2)
A church or any place of worship, including the parish house and Sunday school building, being used exclusively for religious purposes and not for residential purposes.
(3)
Public or parochial school, including playgrounds and accessory buildings, but not a private school operated for profit.
(4)
Municipal buildings and facilities of the Borough of North Caldwell, including the installation thereon of private cellular telephone communication antennas, radio transmitting and receiving facilities, and associated equipment and improvements in connection with wireless communications.
[Ord. No. 11-02]
B.
Accessory uses.
(2)
Permitted accessory uses are as follows:
(a)
A private swimming pool on any residence plot, provided that swimming pools containing more than 750 gallons of water shall comply with the following requirements:
[1]
Application shall be filed with the Zoning Officer, showing the size and location of the pool and distance from all side and rear lot lines and from the dwelling on the lot, and installation or construction shall be subject to the approval of the Construction Official and Board of Health of the Borough of North Caldwell.
[2]
The swimming pool shall be constructed in the rear yard, as that term is defined in the definition section of this Zoning and Land Use Chapter, and the area of the swimming pool shall not exceed 10% of said rear yard.
[3]
The pool shall have adequate filtering, circulation, clarification and chlorination systems on the lot.
[4]
The swimming pool shall be enclosed with a wooden or wire mesh fence, having a minimum height of four feet and a maximum height of five feet, preventing access to the pool, except when in use under the supervision of the resident of the premises or by his permission.
[Ord. No. 12-00]
[5]
Said pool shall be constructed at least 20 feet from each side lot line and the rear lot line.
[6]
Well water or water from the Borough water supply shall be permitted, provided that when restrictions shall be enacted against the use of water for any purpose other than normal domestic use, no water shall thereafter be used from the Borough water supply system, except in accordance with the regulations promulgated by the Borough.
[7]
Adequate and suitable provisions shall be made for disposal of all wastewater in a manner approved by the Board of Health and Construction Official.
[8]
Lights, if any, shall be restricted to such lights as shall not become a nuisance to adjoining property owners and shall be extinguished at 10:30 p.m.
(b)
A private tennis court on any residential lot, provided that it shall comply with the following requirements:
[1]
Said tennis court, including the fence built around it, shall be constructed in the rear yard at least 30 feet from each side lot line and the rear lot line and shall be at least 10 feet from the building line of the principal building.
[2]
Any fence built around a tennis court shall not exceed 10 feet in height, notwithstanding the provisions of § 107-32A(1) of this chapter to which this subsection is an exception.
[3]
The installation or use of artificial lighting for the purpose of illuminating the tennis court for play during non-daylight hours is prohibited.
(c)
Home-based business operation. A home-based business operation may be an accessory use, not requiring a use variance pursuant to section 57 of P.L. 1975, c.291 (N.J.S.A. 40:55D-70), which is permitted in all residential zones of the Borough provided that:
[Ord. No. 1-2010]
[1]
The activity is comparable with the residential use of the property and surrounding residential uses;
[2]
The activity employs no employees other than individuals actually residing in the dwelling or unit;
[3]
Clients, customers, or other business associates shall not visit the residential dwelling or unit;
[4]
There is no outside appearance of a business operation including, but not limited to, parking, signs or lights;
[5]
The volume of deliveries or truck and other vehicular traffic is not in excess of what is normally associated with residential use in the neighborhood;
[6]
The activity uses no equipment or process that creates noise, vibration, glare, fumes, odors or electrical or electronic interference, including interference with radio or television reception, detectable by any neighbors;
[7]
The activity does not generate any solid waste or sewage discharge, in volume or type, that is not normally associated with residential use in the neighborhood;
[8]
The activity does not involve any illegal activity, use, or storage of any hazardous materials except these consistent with the residential use in kind and quantity;
[9]
The activity does not involve manufacturing, warehousing or retailing within or from the dwelling unit or its appurtenant or accessory structures; and
[10]
In the case of a dwelling unit that is part of a common interest ownership community, which is a community in which at least some of the property is owned in common by all of the residents, the provisions of this section shall not be deemed to supersede any deed restriction, covenant, agreement, master deed, by-laws or other documents that prohibit such activity within a dwelling unit.
(3)
Accessory buildings. No accessory building shall be built upon any lot on which there is no principal building or structure. No accessory building shall exceed the height of the principal building or structure or 14 feet, whichever results in a lesser height. Accessory buildings shall be located at least 15 feet from any side or rear lot line and shall be at least 10 feet from the rear building line of the principal building. Every accessory building shall be everywhere distant at least 70 feet from the street line. The maximum percentage of lot that may be covered or occupied by accessory buildings, exclusive of a swimming pool and/or tennis court, shall not exceed 5% of the rear yard.
[Ord. No. 3-90]
C.
Height restrictions. No dwelling shall exceed 32 feet in height; provided, however, that this limitation shall not apply to churches and public buildings. This limitation shall not apply to flagpoles, domes, cupolas and chimneys, provided that no such flagpoles, domes, cupolas and chimneys, when constructed or erected on any lot on which there is a principal dwelling, shall exceed the height of the main building by 1/2 of the height of such main building.
[Ord. No. 10-88)]
D.
Area, yard and building requirements are as follows:
(1)
Minimum lot size: 21,875 square feet within the first 175 feet of depth.
(2)
Minimum lot width: not less than 125 feet as measured along the setback line.
(3)
Minimum depth: 150 feet.
(4)
Front yard.
(a)
A front yard is required on every lot, which shall have a minimum depth of not less than 50 feet from the street right-of-way line.
(b)
Corner lots shall have one front yard of 50 feet and one facing yard of 50 feet.
(c)
Nothing in this subsection shall justify the violation of any existing ordinance, contract or deed which prescribes a building line, although such building line would create a front yard or equivalent open space of a greater mean depth than that specified in this subsection.
(5)
Rear yard. The depth of the rear yard shall be 50 feet.
(6)
Side yards. The side yards for each dwelling shall be a minimum of 25 feet along each side lot line. Where any residential zone abuts a nonresidential zone, a buffer shall be provided in the residential zone, which shall be a minimum of 30 feet from any lot line of the residential zone for the entire length of the abutting zones. Within the 30 feet of the buffer provided herein, the Planning Board shall require appropriate plantings, landscaping and fencing.
[Ord. No. 12-86)]
(7)
Minimum size. Every one-story dwelling hereafter erected or placed in an R-1 Residence District shall have a minimum living floor space, as herein defined, of not less than 1,600 square feet. In a one-and-one-half-story dwelling, there shall be a finished minimum living floor space of 1,200 square feet on the first floor and a minimum of 600 square feet on the second floor. The second floor area may be left unfinished; provided, however, that rough facilities shall be extended to the second floor and that a permanent stairway to the second story is constructed and the second floor plan for the structure is filed with the Building Inspector at the time of the making of the application for the building permit. In a two-story dwelling, there shall be a minimum living floor space of 1,100 square feet on the first floor and a minimum living floor space of 800 square feet on the second floor.
(8)
Minimum frontage: not less than 50 feet at the front lot line.
(9)
Maximum lot coverage. The total percentage of a lot that can be covered by impervious surfaces shall be no greater than 30%, including a reserve minimum of 5% of the lot area designated for rear yard amenities and improvements, or in side yards for comer lots. Nothing contained herein shall prohibit the repair of existing impervious surfaces, provided the area of impervious coverage being repaired is not expanded.
[Ord. No. 14-05; Ord. No. 21-05; Ord. No. 15-06; amended 4-16-2024 by Ord. No. O-5-2024]
(10)
Maximum building coverage. The total percentage of a lot that can be covered by principal and accessory buildings, including accessory structures such as garages, porches, decks, pergolas, gazebos, sheds and similar features, shall be no greater than 15%.
[Added 4-16-2024 by Ord. No. O-5-2024]