No structure commonly known as a "roadstand"
which is used for the sale of foodstuffs, beverages, confections,
cigars, cigarettes or tobacco in any form or any other products shall
be permitted in the Borough of Closter. This restriction shall not
apply to stands selling farm products which have been raised or produced
on the premises.
The Board of Adjustment, as created herein,
may authorize the issuance of permits to build a hospital for other
than contagious diseases, philanthropic and eleemosynary institutions,
public or private, but not treating contagious diseases and not for
the care of epileptic, insane, feebleminded, drug or liquor patients.
Said Board of Adjustment shall not issue said permits in any case
where the premises are contained in Residence Area A. Before any permit
shall be issued, proof shall be furnished that the building or places
to be used shall be located at least 50 feet from the nearest adjoining
premises and that parking facilities for visitors, employees and the
staffs of such institutions or establishments are available and arranged
for such use on the premises so as to avoid congestion of traffic
on the public streets. Proof shall also be furnished, to be evidenced
by a certificate from the Board of Health of the Borough of Closter,
that the use will comply with all state and local health regulations.
Proof shall also be furnished to the satisfaction of the Board of
Adjustment that such use will not constitute a nuisance and be prejudicial
to the public welfare or be detrimental to the preservation of the
general character of the neighborhood.
The Board of Adjustment, as created herein,
shall also authorize the issuance of permits for undertaking or mortuary
parlors. Said permits shall not be issued in any case where the premises
are contained in Residence Area A. Before said permit shall be issued,
proof shall be furnished that the building or place to be used shall
be located at least 50 feet from the nearest adjoining premises. Further
proof shall be furnished that parking facilities shall be available
on the premises in order to avoid congestion of traffic on the public
streets.
[Amended 8-11-1980 by Ord. No. 1980:387; 9-9-1992 by Ord. No. 1992:633]
A.
All permits for the use of premises for amusement
parks, circuses or carnivals shall be issued by the Mayor and Council
of the Borough of Closter, but no permit shall be issued for any said
purpose for any lands, premises or buildings in Residence Area A or
Residence Area B.
B.
The provisions of this chapter which prohibit the
use of premises for an amusement park, carnival or circus shall not
apply to any charitable organization requesting a permit, provided
that:
(1)
Such activities are conducted on property owned by
such charitable organization.
(2)
Such activities are in compliance with N.J.S.A. 5:8-1
et seq. and the rules and regulations as promulgated by the Legalized
Games of Chance Control Commission.
(3)
Approval of said permit is granted by resolution of
the Mayor and Council of the Borough of Closter
The provisions, restrictions, prohibitions and
requirements hereinafter set forth shall apply to all districts set
forth and designated in this chapter.
A.
No building, structure, premises or lot of land shall
be used for any trade, industry, business or purpose which is or may
reasonably be expected to be noxious, obnoxious or offensive by reason
of causing or emitting odors, smoke, vapor, gas, dust, refuse matter,
noise or vibration, radioactivity or electronic interference or is
dangerous to the public health, safety, morals or welfare of the Borough.
B.
No building, structure or premises or part thereof
shall be used as a trailer camp or for the parking, storage or sale
of trailers. The word "trailer" herein means any mobile or portable
structure designed, intended or suitable for use as a dwelling.
C.
No building, structure, premises or part thereof may
be used for a motor court, motel, motor hotel, hotel or use of a similar
nature or for any drive-in restaurant, refreshment stand or ice cream
parlor or establishment.
D.
No building, structure or premises shall be used for
or in conjunction with the outdoor sale of automobiles or for the
sale of more than one used car or for the following purposes:
(1)
Sale of used or secondhand materials or parts.
(2)
Outdoor storage of motor vehicles or other power equipment
not in operating condition.
(3)
Storage or sale of surplus materials or junk, including
wrecked or junked automobiles.
(4)
Outdoor storage of contractor's power-operated or
power-actuated equipment.
(5)
Drive-in theaters.
(6)
Outdoor or drive-in food markets.
(7)
Outdoor storage of supplies, parts, components, raw
materials, goods in process or finished goods, except, however, trees,
shrubs, plants or other garden supply products.
E.
No building shall be erected, constructed or altered for any nonresidential use or purpose unless the provisions of Article IX shall have been followed and until the site plan, as therein set forth, shall have been approved by the Planning Board and by the Mayor and Council.
F.
Temporary permits may be issued for a use permitted in a zone for
a duration of no longer than one month (30 days), up to a maximum
of three temporary permits per vendor in any twelve-month period.
The duration of the temporary permit may be waived and/or revised
by the Mayor and Council. To obtain a waiver/revision, the applicant
must submit a written appeal to the Mayor and Council, via the Borough
Clerk. Thereafter, the appeal shall be heard as soon as practicable
at a public meeting.
[Added 9-14-2016 by Ord.
No. 2016:1210]
G.
All classes of cannabis establishments or cannabis distributors or
cannabis delivery services, as said terms are defined in Section 3
of P.L. 2021, c. 16,[1] are hereby prohibited in all zones. Additionally, all
medical cannabis establishments, as established in N.J.S.A. 24:6I-1
et seq. or any amended or supplemented statutory guidelines authorized
by the Cannabis Regulatory Commission, are hereby prohibited in all
zones. However, the delivery of cannabis items and related supplies
by a delivery service is not prohibited.
[Added 5-12-2021 by Ord.
No. 2021:1279; amended 1-26-2022 by Ord. No. 2022:1289]
[1]
Editor's Note: See N.J.S.A. 24:6I-33.
The provisions, restrictions, prohibitions and
requirements hereinafter set forth shall apply to District Nos.1 and
2 set forth and designated in this chapter.
A.
The owner or occupant of residential premises may
store his or her own boat or a boat for his or her own use, provided
that:
[Amended 12-11-1985 by Ord. No. 1985:519]
(1)
The boat is stored so that no portion of the boat
is between the building setback line and the front property line.
On corner lots, each adjoining street frontage shall be considered
to have a building setback line and a front property line.
(2)
No boat shall be stored closer than five feet to any
property line.
B.
Every principal building shall be built upon a lot
with frontage upon a public street improved to meet the Borough's
standards and accepted by the Borough for maintenance.
C.
A yard or other open space provided about any buildings
for the purpose of complying with the provisions of this chapter shall
not be considered as providing a yard or open space for any other
building, and a yard or other open space on another lot shall not
be considered as providing a yard or open space for a building on
any other lot.
D.
Accessory buildings in residential zones shall be
located within the setback line controlling principal buildings on
adjoining lots on the same side of the street within the same block.
E.
Commercial motor vehicles.
[Added 7-28-1976 by Ord. No. 1976:288]
(1)
Commercial motor vehicle defined. "Commercial motor
vehicle" shall mean and include every type of motor-driven vehicle
used for commercial purposes, including but not limited to the transportation
of goods, materials, wares, chattels and merchandise and motor vehicles
used for making service calls which have a gross registered vehicle
weight in excess of 7,000 pounds. An exception is made for recreational
vehicles which are registered as such.
(2)
No commercial vehicle, bus, truck or tractor shall
be parked in Residence District Nos. 1 or 2, except for commercial
vehicles during the course of services or repairs being rendered to
or at a residence at which such vehicle is parked.
F.
Front yard parking or standing of motor vehicles. No person shall park, stop or stand any motor vehicle or permit or suffer the same to be done for any extended period in any front yard, as defined in § 200-5, except on driveways constructed and installed in compliance with applicable Borough ordinances. For purposes of this subsection, "extended period" shall mean on a regular basis, not necessarily daily or continuous, so as to be a normal practice; it shall not include periods of time where, by way of example, a family member is home on school break or summer vacation.
[Added 12-9-1992 by Ord. No. 1992:642]
[Added 8-23-2000 by Ord. No. 2000:831]
Home office use, meaning an office activity
carried on for gain by a resident in a dwelling unit, shall be a permitted
accessory use in residential zone districts, provided:
A.
The use is limited solely to office use;
B.
The use is operated by or employs in the residence
only a resident or residents who are permanent full-time residents
of the dwelling unit, and no other persons;
C.
No nonresident employees, customers, or business invitees
or guests shall visit the dwelling unit for business purposes;
D.
The use shall be located in only one room of the dwelling
unit, which shall not be served by an entrance separate from the household;
E.
Interior storage of materials shall only consist of
office supplies;
F.
There shall be no change to the exterior of buildings
or structures because of the use, and no outside apearance of a business
use, including, but not limited to parking, storage, signs, or lights.
G.
The use operates no equipment or process that creates
noise, vibration, glare, fumes, odors, or electrical or electronic
interference, including interference with telephone, radio or television
reception, detectable by neighboring residents;
H.
The use does not require any increased or enhanced
electrical or water supply;
I.
The quantity and type of solid waste disposal is the
same as other residential uses in the zone district;
J.
The capacity and quality of effluent is typical of
normal residential use, and creates no potential or actual detriment
to the sanitary sewer system or its components;
K.
Delivery trucks shall be limited to United States
Postal Service, United Parcel Service, Federal Express, and other
delivery services providing regular service to residential uses in
the zone district;
L.
All vehicular traffic to and from the home office
use shall be limited in volume, type and frequency to what is normally
associated with other residential uses in the zone district.
