North Caldwell City Zoning Code
§ 107-22
R-1E 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 or 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.
B.
Accessory uses are as follows:
(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 Building Inspector, 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 Building Inspector 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 Building Inspector.
[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.
(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)
The minimum buildable lot size is two acres or 87,120 square feet.
(2)
The principal dwelling shall be set back a minimum depth of 75 feet from the center line of the street or private drive servicing the property.
(3)
The principal dwelling shall be constructed no closer than 50 feet to any property line.
(4)
The minimum frontage at the front lot line shall be 200 feet and minimum lot width measured along the front setback line shall be 200 feet.
[Amended 4-16-2024 by Ord. No. O-5-2024]
(5)
The principal dwelling may be constructed in an R-1E Residence Zone on the street other than a public thoroughfare; provided, however, that ingress and egress to the dwelling must be shown on a plat approved by the Planning Board, and no building permit shall be issued unless the street shall have been certified to be suitably improved to the satisfaction of the governing body or such suitable improvements shall have been assured by means of a performance guaranty, in accordance with standards and specifications for road improvements approved by the governing body as adequate with respect to the public safety and general welfare of the special circumstances of the particular street in accordance with the requirements of N.J.S.A. 40:55D-35.
(6)
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]
(7)
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]
E.
Whenever in the Code of the Borough of North Caldwell, other than in this article, reference is made to the R-1 Residential Zone, such reference shall be deemed to include the R-1E Residential District.