Borough of North Haledon, NJ Article IV Residential Districts

§ 600-11 Permitted uses.

No building, structure, area, lot or land shall be used, in whole or in part, for other than one or more of the following specified uses in all residential districts:

A. A one-family dwelling used as a residence, but not more than one such dwelling on any one lot.

B. Any customary home occupation.

C. Churches, similar places of worship, parish houses, convents, church schools and libraries, subject to the following limitations and requirements:

[Amended 3-18-2020 by Ord. No. 4-2020]

(1) The minimum lot size shall be five acres for each such building and accessory buildings. One parish house, convent, church school limited solely to religious instruction and church library may be constructed as part of a building used as a church or similar place of worship or in combination or singly as accessory buildings.

(2) The minimum front yard depth shall be 100 feet.

(3) The minimum side yard shall be 75 feet on either side.

(4) The minimum rear yard depth shall be 75 feet.

(5) The minimum street frontage shall be 200 feet.

(6) The maximum building coverage, including, accessory buildings, shall be 10% of the lot area.

(7) The maximum building height shall be two stories, not to exceed 40 feet to the highest point of any building, exclusive of chimneys, steeples and similar items.

(8) Parking areas shall be located only in the side yards and rear yard and not in the buffer strips required by Subsection C(9) below.

(9) Buffer strips 25 feet in width with planting, as indicated by the location and existing trees and undergrowth, shall be maintained all along the sidelines and rear line. No trees shall be removed in the buffer strip unless approved by the Planning Board.

(10) There shall be a minimum of one separate entrance and one separate exit from and to a public street.

(11) The Planning Board may require reasonable performance and maintenance guaranties as provided for in Chapter 490, Site Plan Review.

D. Public parks and playgrounds, public libraries, municipal buildings, public schools and public institutions of higher education.

E. Publicly owned and operated swimming pools situated within a public park or playground.

F. Recreation areas and clubhouses operated by nonprofit membership organizations, subject to approval by the Mayor and Council upon recommendation of the Planning Board. In making its recommendation, the Planning Board shall be guided by the following principles:

(1) The proposed area or building is to be operated for the benefit of members, the majority of whom are residents of North Haledon.

(2) The major activity will be one not customarily conducted or classed as a commercial recreation.

(3) No undue traffic will be created thereby on local residential streets.

(4) The plot plan indicates sufficient setback and screen planting to insulate surrounding residential properties from undue noise.

G. Customary agricultural operations, subject to the following regulations:

(1) Such operations shall be conducted principally in the open.

(2) The raising and breeding of homing and racing pigeons is subject to the limitation that the same are properly housed and not left to fly at large.

(3) Manure, fertilizer, hay, feed and other odor- or dust-producing substances are stored at least 50 feet from the property line of any adjoining property owner and at least 150 feet from any and all public streets.

(4) The raising, breeding or keeping of all farm animals of any kind and in any number, including fur- and hair-bearing animals or livestock, poultry or fowl, is prohibited, but excluding domestic animals such as dogs and cats and those that may be allowed in Subsection G(5) below, except that genus equus shall be regulated as hereinafter provided.

(5) The raising and breeding or keeping of poultry or fowl is subject, however, to the limitation that no poultry farm hereafter established shall occupy an area consisting of less than 10 acres and the further restriction that all buildings used in the raising or breeding of poultry or fowl must be at least 50 feet from all property lines of said farm and a minimum of 150 feet from any and all public streets.[1]

[Amended 12-29-2011 by Ord. No. 34-2011]

[1] Editor's Note: Original § 180-11H of the 1990 Code, pertaining to nursing homes, which immediately followed this subsection, was repealed 6-17-2009 by Ord. No. 18-2009.

H. Nursery schools, preschools, and day-care facilities.

[Added 5-18-2016 by Ord. No. 8-2016]

§ 600-12 Improvement of noncomplying parcels.

Any plot existing as a separate parcel in a residential district and not complying with the minimum lot, size, frontage or area on January 1, 1979, may, notwithstanding such fact, be improved with a building in accordance with all other regulations of this chapter, provided that the owner owns no adjacent land which may be used as a part of the plot, and provided further that, notwithstanding any provision above to the contrary, any plot existing as a separate parcel by virtue of a subdivision prior to January 1, 1979, may be improved with a building by compliance with all other regulations of this chapter and the requirements of the Planning Board.

§ 600-13 Accessory uses.

Within any residential district, the following accessory uses shall be permitted:

A. Garages, private.

(1) Private garages are permitted.

(2) The renting of garage space for the storage of a commercial vehicle or for any use other than the storage of a passenger car shall be prohibited.

(3) No commercial vehicle shall be stored or parked in a space that is unenclosed or uncovered.

B. Private open swimming pools accessory to a one-family dwelling for the use of the owner of the dwelling and his/her family and guests.

C. Greenhouses, private.

D. Signs, professional and real estate, pursuant to the provisions of Article XII.

§ 600-14 Prohibited uses.

Within a residential district, no person shall use any lot, building or accessory building for any commercial and/or industrial enterprise. The use of any lot or premises for the storing of wood, coal, fuel of any kind or any other materials, equipment, machinery, vehicles, passenger or commercial, or for any business whatever is prohibited.

§ 600-15 Building regulations.

A. Every building, structure or area hereafter used in any residential district shall conform to the requirements set forth in the accompanying Zoning Area and Limiting Schedule.[1]

[1] Editor's Note: Said schedule is included as an attachment to this chapter.

B. No permit shall be issued for construction of any building permitted in this district unless:

(1) The principal building, not counting the space for accessory uses, such as garage, etc., has a minimum floor area of:

[Amended 5-9-1990 by Ord. No. 5-1990]

(a) One thousand five hundred square feet in RA-1 Districts.

(b) One thousand two hundred square feet in RA-2 Districts.

(c) Nine hundred square feet in RA-3 Districts.

(2) The section of the road adjacent to the plot for which a permit is sought is an improved street or has been certified by the Council as suitably improved and until written certification has been issued by the Board of Health of the Borough approving the plans and specifications for the type and method of disposal for sewage and/or other wastes, where required by law, to be used in conjunction with the building or buildings proposed to be constructed.

§ 600-15.1 Senior residential group homes.

[Added 3-20-2019 by Ord. No. 5-2019]

A. Purpose. Provisions to permit senior residential group home as a principal permitted use in the RA-2 Residential Zoning District are intended to provide a group living environment with limited medical management support for individuals 65 and over. Both social and recreational amenities shall also be provided. It is the intention that such senior residential group homes be provided on a limited basis within specified residential neighborhoods and which will be limited in the total number of occupants permitted to reside in the residence as further described herein.

B. Principal permitted use requirements. A senior residential group home is permitted as a principal permitted use in limited locations within the RA-2 Zone in the Borough of North Haledon. In order for the use to be permitted, all of the following requirements shall be complied with:

(1) Compliance with Department of Consumer Affairs (DCA) N.J.A.C. 5:27. In addition to the following municipal requirements, senior residential group homes classified as Class C boarding homes shall comply with all DCA requirements.

(2) Location. Senior group residences shall be limited to properties located in the RA-2 Zone with frontage on a county road. Senior group residences shall not be located within 200 feet of a school.

(3) Minimum Lot, Area, Bulk and Use Requirements.

(a) Minimum lot area: 30,000 square feet.

(b) Maximum number of residents: 13.

(c) Maximum building coverage: 14%.

(d) Maximum building height: 35 feet/2 1/2 stories.

(e) Minimum lot width: 130 feet.

(f) Required front yard: 40 feet.

(g) Required side yard: one, 20 feet; both, 50 feet; rear yard, 100 feet.

(h) On-site parking requirements: One parking space per bedroom shall be provided, plus one space for each employee.

(i) Transportation to health and recreational services shall be provided in accordance with Department of Consumer Affairs N.J.A.C. § 5:27-10.4.

(j) Each senior group residence shall be served by public water and sewer facilities.

(k) A densely planted buffer five feet in width shall be provided along the rear yard and both side yards.

(l) The rear yard shall be fully enclosed with a fence six feet in height in accordance with provisions related to fences in § 600-63 of the Borough Code.

(m) Minimum required gross floor area per resident: 450 square feet.

(n) Each bedroom shall have a minimum floor area of 150 square feet.

(o) Residents shall not be allowed to have personal vehicles on site.

(p) Senior residential group homes shall be licensed annually by the Borough of North Haledon, subject to Borough Police security inspection, health and fire inspections.