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North Caldwell City Zoning Code

§ 107-13

General zoning requirements.

[Amended 4-16-2024 by Ord. No. O-5-2024]
A. 
Location of building to be used as dwelling. No building to be used as a dwelling shall be constructed, altered or moved in or to the rear of a building situated on the same lot nor shall any building be constructed in front of or moved to the front of a dwelling situated on the same lot.
B. 
Corner lots.
(1) 
The principal building may face either street so long as the setback requirements provided in this chapter are satisfied.
(2) 
For the purposes of establishing setback requirements for corner lots, any yard which abuts a street shall be considered a front yard and all other yards shall be considered side yards.
(3) 
For corner lots, lot width shall mean the distance between side lot lines and the most nearly opposite street right-of-way lines measured along each required front yard setback line.
C. 
Neighborhood average calculations. Neighborhood average calculations shall only apply to detached single- and two-family dwellings as follows:
(1) 
In conducting neighborhood average calculations, the neighborhood shall consist of the three nearest lots on both sides of the subject property and three nearest lots across the street from the property having common street frontage(s) and located in the same zone. In cases where there are fewer than three lots on one or both sides of the subject property, or three lots across the street, the neighborhood average calculation shall be based on the greatest number of applicable lots up to an intervening street or street terminus. Corner lots, through lots and other lots with more than one street frontage shall provide neighborhood average calculations for each street frontage.
(2) 
The lot width and lot area of all remainder lots and any new lot created from a subdivision shall not be less than the applicable minimum lot requirements for that zone and shall also comply with the applicable minimum neighborhood lot average calculations.
(3) 
The minimum front yard setback for new lots resulting from a subdivision shall be the front yard setback required by the applicable zone or the neighborhood average front yard setback, whichever is greater.
(4) 
The minimum front yard setback for new dwellings shall be the front yard setback required by the applicable zone or the neighborhood average front yard setback, whichever is greater, but in no case shall be set back more than two times the minimum front yard setback of the zone.
D. 
Lot requirements
(1) 
Purpose. North Caldwell is a nearly fully developed community comprised of mature, well-established residential neighborhoods. It is the Borough's intent to preserve these neighborhoods and minimize impacts from new development and subdivisions which are deemed to be inconsistent with the existing land use patterns and residential character of the Borough by discouraging the following:
(a) 
Intrusion of new subdivisions which result in irregular or nonrectangular lot configurations;
(b) 
The placement of new buildings and site features in conflict with existing buildings and surrounding properties;
(c) 
The creation of new roads which convert existing internal parcels to corner or through lots, or otherwise nonconforming lots;
(d) 
The creation of lots where the effective or functional front yard of the new lot directly abuts the side or rear yard of an adjacent property;
(e) 
Impacts to light, air and open space, privacy and stormwater drainage; and
(f) 
Excessive land disturbance, lot coverage and building coverage relative to surrounding development and as permitted by ordinance.
(2) 
Neighborhood average calculations. New lots created from a subdivision application shall comply with the neighborhood average calculations in Subsection C.
(3) 
Lot lines. In all rectangular lots, and so far as possible in all other lots, the side lot lines shall be at right angles to the street on which the lots face or radial to curved street lines. These side lines shall remain perpendicular or radial to the street for an uninterrupted length of 100 feet.
(4) 
Through lots. Through lots, or lots other than a corner lot with more than one street frontage, created from the subdivision of one or more lots are prohibited.
(5) 
Irregularly shaped lots. For all new lots created from a subdivision, all side lot lines shall intersect the street. The creation of flag, "T"-shaped, "L"-shaped, or other similar irregularly shaped lots from the subdivision of one or more lots is prohibited.
(6) 
Subdividing front yard area prohibited. A lot shall not be created or subdivided within the front yard area between the entire front facade of an existing building and the front lot line(s). This provision shall not apply where the existing building will be removed as a result of the proposed subdivision.
(7) 
Change in off-site yard classifications. New roads as part of a subdivision application shall be prohibited when the creation of a road changes the yard classification(s) of an adjacent off-site parcel (e.g., side or rear yard to front yard). This includes, but is not limited to, the conversion of inline parcels to corner or through lots.
(8) 
Creation of off-site nonconforming conditions. Subdivisions which result in the creation of new or exacerbation of existing nonconforming conditions for adjacent off-site parcels shall be prohibited.
E. 
Street requirements.
(1) 
Street setbacks. New streets created from a subdivision application shall have a minimum setback of 50 feet from adjacent off-site parcels as measured from the shared property line to the nearest street curb, or edge of pavement where there is no curb.