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DIVISION 3. MISCELLANEOUS REGULATIONS

Subdivision 1. Occupancy of Single Family and Semi-detached Houses.

Sec. 10B-273. Roomers. In any single-family house or semi-detached house, one or more rooms may be occupied by roomers under the following terms and conditions: (a) The owner of the house shall reside therein; (b) Such occupancy shall be for a rent or other valuable consideration paid to such owner; (c) The number of roomers shall not exceed two. (d) The room or rooms shall be furnished but shall not contain any cooking facilities. (e) A bathroom containing a flush toilet, wash basin and bathtub or shower shall be provided for the use of every roomer and it shall be accessible to a room occupied by such roomer without having to pass through a room, other than a common hall, not occupied by the roomer. (f) No bathroom assigned for the use of a roomer shall be assigned for use pr used by more than five persons in all. (g) Off-street parking shall be provided as required by section 10B-282. (h) Occupancy shall be authorized by a valid and subsisting certificate issued by the health officer is accordance with chapter 10 of this Code and upon the health officer's determination that such occupancy complies with paragraphs (a) through (g) of this section. (Ord. No. 856, § 2.) Sec. 10B-274. Flats. Any single-family house or semi-detached house may contain not more than one flat and such flat may be occupied under the following terms and conditions: (a) The flat shall have living and sleeping space, cooking facilities, a kitchen sink and complete sanitary facilities for the exclusive use of its occupants. It shall consist of not less than two rooms, one of which shall be a bathroom containing a flush toilet, wash basin and bathtub or shower. All rooms shall have access to one another within the flat. (b) The flat shall have direct access to the outdoors or to a hall from which there is direct access to the outdoors. If the flat is located above the second floor, there shall be at least two such means of access to the outdoors and they shall be approved by the building inspector. No flat shall be located above the third floor. (c) The net floor area of the flat shall be at least four hundred square feet. The sizes of bedrooms in the flat shall comply with the standards of the "New Jersey State Housing Code," adopted in w section 10-2 of this Code, but no bedroom shall have a net floor area of less than eighty square feet. The net floor area of the flat shall not exceed the following percentage of the area of the single family house in which the flat is located, or the following fixed amount, as the case may be: If the area of the house is: The net floor area of the, flat shall not exceed: Under 2,000 sq. ft. . . . . . . . . . . . . . . . 50% 2,000 or more but less than 3,000 sq. ft. . . . . . . .. . . . 40%, or 1,000 sq. ft., whichever is greater 3,000 or more but less than , 5,000 sq, ft . ... ..... ....... .. . 30%, or 1,200 sq. ft., whichever is greater Over 5,000 sq. ft. . 20%, or 1,500 sq. ft., whichever is greater.

For the purposes of this subsection, the area of the single family house shall be the total area of all of the stories of the house, measured from the outside faces of the exterior walls, including the areas of enclosures and additions to the house that are proposed to be made for the purpose of a flat. It shall also include the area of basements. The area of the single family house shall not include roofed but unenclosed areas, such as porches and carports. Also for the purposes of this subsection, the net floor area of the flat shall not include any hail providing the flat. with access to the outdoors, as set forth in subsection (b) of this section.

(d) Off-street parking shall be provided as required by section 1OB-282.

(e) No flat shall be occupied unless the owner of the house at all times shall reside in the flat or in the other part of the house or have the right to immediate possession thereof. Notwithstanding the foregoing, the premises so reserved for the owner's residency may be occupied by a tenant of the owner for a continuous term not exceeding eighteen months. However, no such tenancy shall commence within three years after the termination of the preceding such tenancy nor shall the first such tenancy as to any owner commence until the owner shall have resided in. the house or shall have had the right to immediate possession thereof for a continuous period of at least three years.

(f) No flat shall be constructed or established in any existing or future house unless first authorized by a permit issued to the owner by the development enforcement officer upon the owner's submitting an application containing such information as will enable the development enforcement officer to determine whether the proposed flat complies with the provisions of subsections (a) through (d) of this section. As used above in this. subsection (f), "owner" means:

(1) The owner of an existing house who resides therein, or

(2) The owner of the property upon which a house is proposed to be constructed who intends to reside in such house immediately upon completion thereof.

No such permit shall be issued for any house that is proposed to be built by, or through direct or indirect arrangement with, the owner, subdivider or developer of the subdivision or site plan in which the house is to be located.

Nothing in this subsection (f) shall affect, change or enlarge the rights of the owner, subdivider or developer of any subdivision or site plan that was the subject of a development application specifically involving flats that was pending before the planning board or board of adjustment on or before January 18, 1978, as said rights existed under the provisions of this section 1OB-274 on said date.

(g) No flat shall be occupied unless such occupancy is authorized by a valid and subsisting certificate issued to and upon application of the owner of the house containing the flat, by the health officer, in accordance with chapter 10 of this Code, and upon the health officer's determination that such occupancy complies with subsection (e) of this section. (Ord. No. 856, § 2; Ord. No. 899, §§ 1, 2.)

Sec. 10B-276. Domestic employees.
Occupancy by fulltime domestic employees, who are employed on the premises, is permitted in single-family houses and semi-detached houses. (Ord. No. 856, § 2.)

Subdivision II Number of Dwellings Per Lot.

Sec. 10B-276. More than one dwelling per lot prohibited; exceptions.
No dwelling shall be put on the same lot with the main dwelling, except, that tenant houses, guest houses, separate structures for employees and similar structures susceptible to human occupancy and auxiliary to a single-family house may be put on the same lot as a single-family house; provided, that each stricture is properly placed on its separate zoning lot. Farm buildings such as chicken houses and stables and barns, and educational buildings such as classrooms and laboratories which are difficult to convert to dwellings may be so placed without zoning lots. This section shall not apply to residential clusters. (Ord. No. 856, § 2; Ord. No. 1020, § 9.)

Sec. 10B-276.1. More than one principal nonresidential structure per lot prohibited
No more than one principal nonresidential structure shall be permitted on any lot (Ord. No. 92-28, § 2.)

Subdivision III. Required Floor Area for Dwelling Units.

Sec. 10B-277. Single-family houses.
Every dwelling unit in a single-family house shall have the following minimum total net floor area:

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