[Amended 5-25-1994 by Ord. No. 1994:669; 9-25-1996 by Ord. No. 1996:726; 10-11-2000 by Ord. No. 2000:837]
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.
[Amended 3-12-2003 by Ord. No. 2003:893]
In the Business 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.
