[Ord. #1007, A2; Ord. #1032, S1; Ord. #1041, S7; Ord. #1085, SI; Ord. #1087, SIV; Ord. #1129, S4; Ord. #1282, S6; Ord. #1288, S1; Ord. #1291, S1]
For the purpose of this chapter, certain words are defined as follows: Any work not defined herein shall be construed to have the meaning that is conferred upon it by standard usage for the context in which the word is used. However, if said word is defined by the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., that word shall have the same meaning conferred upon it by that statute unless a contrary intent is clearly expressed from the context of this chapter.
Words used in the present tense include the future; words in the singular number include the plural number and vice versa.
The words "used for" include "designed for" and vice versa.
The word "used" shall include arranged, designed, constructed, altered, converted, rented, leased, or intended to be used; the word "building" includes the word "structure;" the word "dwelling" includes the words "residence" and "housing unit;" the word "shall" is mandatory and not discretionary.
ACCESSORY BUILDING OR USEShall mean a use or structure customarily incidental and subordinate to the principal use of land or buildings, and located on the same lot with such principal use or building.
ADMINISTRATIVE OFFICERShall mean the borough's zoning official who shall be designated as the administrative officer for purposes of this chapter.
AGE-RESTRICTED HOUSINGShall mean housing designated for and occupied by at least one (1) person fifty-five (55) years of age or older per dwelling unit and which has significant facilities and services specifically designed to meet the physical or social needs of older persons.
ALLEYShall mean a minor way that is used primarily for vehicular service 'access to the rear or side of properties that otherwise abut on a street.
ALTERATIONShall mean any change or rearrangement in the structural parts or in the exit facilities; or an enlargement whether by extending on a side or by increasing in height; including work, other than repairs, that would affect safety or a vital element of an elevator, plumbing, gas piping, wiring, ventilating or heating installation; the term "alter" in its various moods and tenses and its principal forms, refers to the making of an alteration.
ANTENNAShall mean a conventional television or radio antenna or satellite dish antenna, as defined by this chapter.
APARTMENT HOUSEShall mean any multifamily dwelling for three (3) or more families, living independently of each other, and having separate cooking and sanitary facilities.
AUTO REPAIR SHOPSShall mean premises used for the mechanical repair or painting and bodywork of motor vehicles.
AUTOMOBILE SERVICE STATION or GASOLINE STATIONShall mean a building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade, and where mechanical repair but not body repair may be rendered as an accessory activity, provided that all mechanical repair may be rendered as an accessory activity, provided that all mechanical repair takes place within the confines of a building.
BASEMENTShall mean a space having less than half (1/2) of its clear height below finished grade.
BILLBOARDShall mean any outdoor advertising sign other than one related to a business conducted on the premises or lot.
BLOCKShall be considered as all those lots fronting on the same side of the street between and including corner lots. All those lots fronting on a cul-de-sac shall be construed as being included in one block.
BOROUGH ENGINEERShall mean a licensed professional engineer of the State of New Jersey hired by the governing body to provide professional services to the borough and its agencies.
BUILDINGShall mean any structure having a roof supported by columns, posts, or walls and intended for the shelter, housing or enclosing of persons, animals or property.
BUILDING AREAShall mean the total areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
BUILDING HEIGHT OFShall mean the vertical distance measured from the average elevation of the finished grade along the front of the building to the highest elevation of the roof surface.
BUILDING LINEShall mean a line, established by law, beyond which a building shall not extend, except as specifically provided law.
CARPORTShall mean an attached or detached accessory building to be considered an enclosed building, designed for the storage of motor vehicles and constructed primarily as an open building with only a roof and the necessary supporting columns and a minimum area of two hundred (200) square feet.
CELLARShall mean a space having more than half (1/2) of its clear height below finished grade.
COMMERCIAL VEHICLEShall mean any bus, taxi, truck, tractor, trailer, van or any type of motor vehicle that is not manufactured and designed as, or normally considered to be, a passenger car or station wagon, provided that a recreational vehicle shall not be considered a commercial vehicle.
COMMUNICATIONS ANTENNAShall mean any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
COMMUNICATION TOWERShall mean any structure that is designed and constructed primarily for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures, and similar structures. The term shall include the structure and any support thereof, together with other accessory structures and equipment associated therewith.
CONVENIENCE STOREShall mean a retail business or establishment engaged in the sale of consumer goods, having a floor area of less than five thousand (5,000) square feet and open for business sixteen (16) or more hours per day on a regular basis.
CROSSWALKShall mean a right of way, dedicated to public use, to facilitate pedestrian access through a paved public street.
DISPATCH SERVICESShall mean any use that primarily involves motor vehicles to provide transportation-related services, including, but not limited to taxis, buses, limousines, and ambulances, on an as-needed basis involving direct customer contact at the time the service is required.
DISTRICTShall mean any part of the territory of the borough to which certain uniform regulations and requirements of this chapter apply.
DONATION STORAGE BINShall mean any enclosed receptacle or container made of wood, metal, steel, or similar materials, or combination of materials, that is designed or intended for the deposit of and/or the temporary storage of clothing or other goods that are being donated or held for donation.
DRAINAGE RIGHT OF WAYShall mean the lands or interest in lands required for the installation of storm water sewers or drainage ditches, or land or interests therein required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein so as to safeguard the public against flood damage in accordance with N.J.S.A. 58:1-1 et seq.
DWELLING, ONE (1) FAMILYShall mean a detached building occupied and intended to be occupied exclusively for residence purposes by not more than one (1) family.
DWELLING UNITShall mean a building or part thereof having cooking, living and sanitary facilities for the exclusive use of one (1) family.
EASEMENTShall mean a use or burden imposed on real estate by deed or other legal means to permit the use of land by the public, a corporation or particular persons for specified use.
FAMILYShall mean one (1) or more persons living together as a single, nonprofit housekeeping unit whose relationship is of a permanent and domestic character, as distinguished from fraternities, sororities, societies, clubs, associations, lodges, combines, halfway houses, shelters, specialized housing and other forms of transient associations. Nothing herein contained shall be deemed to interfere with or restrict the placement of children in a group home pursuant to N.J.S.A. 40:55D-66, or any other use of a single family dwelling protected by State statute.
FAST SERVICE CARRY OUT ESTABLISHMENTShall mean a business or establishment engaged primarily in the sale of food, soft drinks, ice cream and similar confections, that are packaged or served in paper, plastic or other types of disposable wrappers and containers, and dispensed at service counters, either inside or outside the confines of a building, or to persons in motor vehicles, and sold for immediate consumption off premises.
FLOOR AREAShall mean the gross leasable floor area designed for tenant or owner occupancy and exclusive use, including basements, mezzanines and upper floors, if any, measured from center lines of joint partitions and exteriors of outside walls.
GARAGE, PRIVATEShall mean a detached accessory building or portion of a main building for the parking or temporary storage of automobiles owned by the occupants of the main building to which the garage is accessory, and wherein not more than one (1) commercial vehicle not to exceed six thousand five hundred (6,500) pounds G.V.W. in capacity may be parked or stored.
GOVERNING BODYShall mean the mayor and council of the Borough of Bogota, in the County of Bergen and the State of New Jersey.
HOME OCCUPATIONShall mean an occupation carried on in a dwelling by one (1) or more residents thereof, which occupation is incidental to the use of the dwelling for dwelling purposes, does not objectionably obtrude into the surrounding community and does not change the character of the dwelling. A home occupation shall not be construed as to include a tea room or restaurant, the conduct of an animal hospital or kennel, a stable, an automotive repair shop, a barber shop, a beauty parlor, a tavern, a mortuary, a store, a trade or business not herein permitted, or any similar use. In the event that a person desired to conduct an occupation that is not specifically prohibited herein, the zoning official shall direct the applicant to apply to the Planning Board/Zoning Board of Adjustment for a determination as to whether or not the contemplated use falls within the definition of a home occupation.
[Amended by Ord. No. 11-2]
HOUSE OF WORSHIPShall mean a building used primarily for worship but not including missions, district offices or regional headquarters of a religious group.
JOINT SUBDIVISION AND SITE PLAN REVIEW COMMITTEEShall consist of the zoning officer, as well as four Planning Board/Zoning Board of Adjustment members appointed by the chairman of the board, with the consent of a majority of the board. This committee shall review major development applications at the request of the chairman of the Planning Board/Zoning Board of Adjustment and perform such other duties as may be conferred on this committee by the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
LIGHT INDUSTRYShall mean a use engaged in the manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly and packaging.
LIVABLE FLOOR AREAShall mean the area of floors within a dwelling which area is finished and in which are retained elements, such as walls, ceilings and electrical wiring have been finished, and in which area the permanent heating system has been installed. The following shall be excluded from such area: cellars, porches, breezeways, the area immediately beneath the roof rafters between the finished ceiling height and less than four (4') feet above the finished floor under a pitches roof, or less than seven (7') feet under a flat roof. Notwithstanding anything herein to the contrary, the area of the second floor or story shall not be counted as livable floor area, despite the fact that the same is finished as aforesaid, unless the second floor or story is connected by a permanent built-in stair area with the floor below.
LOADING SPACEShall mean an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOTShall mean a place or parcel of land abutting on a street, whose area in addition to the parts thereof occupied or which may be hereafter occupied by a principal building and its accessory buildings, is sufficient to provide the yard space required in this chapter and conforming to minimum area requirements of this chapter.
LOT, CORNERShall mean a lot at the junction of and abutting on two (2) or more intersecting streets when the interior angle of intersection does not exceed one hundred thirty-five (135o) degrees. On a corner lot, the owner shall have the privilege of selecting any abutting street line as the front line, providing such designation is clearly shown on the building plans filed with and approved by the zoning official. However, each side of a corner lot abutting a street line shall meet the minimum requirements for front yard and lot width at the street line as set forth for the specific district involved in the Schedule of Limitations of this chapter.
LOT COVERAGEShall mean the area of the lot covered by structures and paved surfaces. For purposes of computing lot coverage only, a swimming pool shall not be considered a structure.
LOT DEPTHShall mean the average horizontal distance between the front and rear lot lines measured perpendicular to (or radial on curved streets) the front lot line.
LOT LINEShall mean the legal boundaries of a lot as determined by an accurate survey or in the records of the borough engineer.
LOT LINE, FRONTShall mean the right of way line of the street on which a lot fronts or abuts. The front lot line of all corner lots shall be determined by the owner. See "lot, corner."
LOT LINE, REARShall mean a lot line other than another front line on another street which is both opposite the front lot line and is the farthest rear boundary line from the street.
LOT LINE, SIDEShall mean any lot line not a front line or rear lot line, including a lot line of an offset portion of a lot which may be the rear line of an adjacent line.
LOT WIDTHShall mean the average horizontal distance between the side lot lines, measured along the front lot line.
MAIN BUILDINGShall mean a building situated on a lot in which the principal use is conducted.
MAINTENANCE GUARANTEEShall mean any security which may be accepted by a municipality for the maintenance of any improvements required by this act, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.5, and cash.
MASTER PLANShall mean a comprehensive plan consisting of mapped and written proposals for the future growth, protection and development of the Borough of Bogota, recommending standards for the promotion of the comfort, convenience, public health, safety and general welfare of the community, which plan was duly adopted by the Planning Board/Zoning Board of Adjustment.
[Amended by Ord. No. 11-2]
MULTI-FAMILY HOUSING DEVELOPMENTShall mean a building containing three (3) or more dwelling units occupied or intending to be occupied by persons living independently of each other or a group of such buildings.
NONCONFORMING LOTShall mean a lot the area, dimension or location of which was lawful prior the adoption, revision or amendment of this chapter, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTUREShall mean a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USEShall mean a use or activity that was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NUISANCEShall mean any unreasonable practice or thing that causes injury to the health or comfort of ordinary people to an unreasonable extent, especially a continuing or repeated invasion or disturbance of another's rights, including the actual or potential emanation of any physical characteristics of activity or use across a property line which can be perceived by or affects an ordinary person, or the generation of an excessive or concentrated movement of people or things such as, but not limited to: noise; dust; smoke; fumes; odor; glare; flashes; vibration; shock waves; heat; electronic or atomic radiation; objectionable effluent; noise of congregation of people, especially at night; passenger traffic; transportation of things by truck, rail or other means.
OBSCENE MATERIALShall mean any description, narrative account, display, or depiction of sexual activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means, of posing, composition, format or animated sensual details:
a. Depicts or describes in a patently offensive way, ultimate sexual acts, normal or perverted, actual or simulated, masturbation, excretory functions, or lewd exhibition of the genitals,
b. Lacks serious literary, artistic, political, or scientific value, when taken as a whole, and
c. Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.
OFFICIAL MAPShall mean a map adopted by ordinance pursuant to N.J.S.A. 40:55D-32 et seq. Such a map shall be deemed conclusive with respect to the location and width of streets, public parks and playgrounds, and drainage rights of way shown thereon.
OFFICIAL NOTICEShall mean notification of all property owners affected by the proposed development within the limits defined in this chapter by either registered mail or delivery in person to the owner, his agent or to a competent member of his household over fourteen (14) years of age, and the requirement to have a notice of the public hearing published in a newspaper of general circulation within the borough at least ten (10) days prior to the hearing.
OPEN SPACEShall mean any part of a lot with a building which is unbuilt upon and intended to meet the side, rear or front yard requirements of this chapter, or an open area of potentially developable use as park or active recreational area.
OWNERShall mean any person or legal entity having legal title to the lands sought to be developed or having written consent from the legal owner of said lands to act on his behalf.
PARKING AREA, PRIVATEShall mean a paved area, other than street, used for the parking of automobiles in the same manner as a private garage.
PARKING AREA, PUBLICShall mean a paved area, other than street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
PARKING SPACEShall mean an off street area of not less than one hundred sixty-two (162) square feet, nine (9') feet by eighteen (18') feet, either within a structure or garage or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle, and having direct access to a street or alley.
PERFORMANCE GUARANTEEShall mean any security, which may be accepted by a municipality, including but not limited to surety bonds, letters of credit under the circumstances specified in N.J.S.A. 40:55D-53.1 and cash.
PERMITTED USEShall mean any use of the land as permitted according to this chapter. The term "permitted use" or its equivalent shall not include any nonconforming use.
PERSONShall mean an individual, proprietorship, partnership, corporation, association, or other legal entity.
PLAT, PRELIMINARYShall mean the preliminary map indicating the proposed layout of the proposed development which is submitted to the secretary of the board for consideration and tentative approval.
PLAT, FINALShall mean the final map of all or a portion of the subdivision which is presented to the board for final approval in accordance with the regulations of this chapter, and which, if approved, shall be filed with the proper County Recording Officer.
PORTABLE SIGNShall mean any sign that permanently attaches to the ground or a building.
PROFESSIONAL OCCUPATIONShall mean a professional activity that is carried on as an accessory use of a residential lot by one (1) or more residents thereof who are duly licensed by the State of New Jersey and practicing as an architect, attorney at law, certified public accountant, dentist, licensed professional engineer, medical doctor, osteopath, chiropractor, optometrist, chiropodist, podiatrist, physical therapist or psychologist. Such a use must be carried on (a) wholly within a completely enclosed building, (b) in an area equal to or not more than one-half (1/2) of the area of the ground floor of the principal building, and (c) by not more than one (1) person other than members of the family residing on the premises shall be employed, and (d) no exterior sign for display shall be allowed for said use except as permitted by this chapter.
RECREATIONAL VEHICLEShall mean a vehicle, either self propelled or capable of being towed by a passenger car, station wagon or pickup truck, of such size and weight as not to require any special highway movement permits and primarily designed or constructed to provide temporary, movable, livable quarters for recreational, camping or travel use, or to carry such equipment but not for profit or commercial use. Included as "recreational vehicle," but not to the exclusion of any other types not herein mentioned are trailers, trailer coaches, camping trailers, motor homes, pickup (slide in) campers, chassis mounts, converted vans, chopped vans, mini motor homes, fifth-wheel trailers of "recreational vehicle" construction, design and intent (as opposed to commercial fifth-wheel trailers), boats and boat trailers, snowmobile and snowmobile trailers, and truck caps.
RECYCLING AREAShall mean space allocated for collection and storage of source-separated recyclable materials.
RESERVE STRIPShall mean that parcel of undeveloped land designated for dedication as a public or quasi public use.
RESTAURANTShall mean and include any restaurant, coffee shop, cafeteria, short order cafe, luncheonette, tavern, sandwich stand, and any other place in which food is sold for consumption on the premises.
RIGHT OF WAYShall mean the land and space required on the surface, subsurface and overhead for the construction and installation of materials necessary to provide passageway for vehicular traffic, pedestrians, utility lines, poles, conduits and mains, signs, trees and shrubbery and the proper amount of light and air as established by local authorities. Street rights of way shall be measured from lot line to lot line.
ROOMING HOUSEShall mean any building or portion thereof containing sleeping accommodations without individual cooking facilities and rented for compensation to people who are not members of the family as defined in this section. The term "rooming house" shall be deemed to include lodging house and boarding house.
SATELLITE DISH ANTENNAShall mean an apparatus capable of receiving signals from geostationary orbital satellites.
SEXUALLY ORIENTED BUSINESSShall mean:
a. A commercial establishment that, as one of its business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material; computer programs or software; or photographs, films, compact or video disks, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion picture machines, projectors, or other image-producing devices that show images to one (1) or more person per machine at any one (1) time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia that are designed for use in connection with a specified sexual activity; or
b. A commercial establishment that features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or that regularly shows films, motion pictures, video cassettes, slides, or any computer generated or electronically generated images or other photographic representations that depict or describe a specified sexual activity or specified anatomical area.
SIGNShall mean a structure that is arranged, intended, designed or used as an advertisement, announcement or directory. For the purpose of this chapter, the term "sign" shall mean and include every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, awning, banner or canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product when the same is placed in view of the general public.
SPECIFIED ANATOMICAL AREAShall mean:
a. Less than completely and opaquely covered human genitals, pubic region, buttock, or female breasts below a point immediately above the top of the areola; or
b. Human male genitals in a discernibly turgid state, even if covered.
SPECIFIED SEXUAL ACTIVITYShall mean:
a. The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock, or female breast; or
b. Any actual or simulated act of human masturbation, sexual intercourse, oral sex, or deviate sexual intercourse.
STORYShall mean that part of any building comprised between the level of one (1) finished floor and the level of the next higher finished floor, or if there is no higher finished floor, then that part of the building comprised between the level of the highest finished floor and the top of the roof beams.
STREETShall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (a) which is an existing State, County, or municipal roadway, or (b) which is shown upon a plat heretofore approved pursuant to law, or (c) which is approved by official action as provided by the Municipal Land Use Law, or (d) which is shown on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Planning Board/Zoning Board of Adjustment and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines. For the purpose of this chapter, streets shall be classified as follows:
[Amended by Ord. No. 11-2]
STREET, ARTERIALShall mean a street used primarily for fast or heavy volumes of traffic and used generally to proceed between major urban centers, or other large areas of development as commercial centers, industrial areas, and concentrated residential communities through or around the locality of the borough.
STREET, COLLECTORShall mean those which carry traffic from local streets to the arterial streets and designed to have considerable continuity and traffic capacity.
STREET, CUL-DE-SACShall mean a local dead end street terminating in a circular, or other turn around area generally not used for ingress and egress by more than twenty (20) abutting lots and not longer than five hundred (500) feet.
STREET, LOCALShall mean those streets which need to be entered only for stopping at a designation on that street and which need not be used for general traffic circulation through the borough.
STREET LINEShall mean the dividing line between the street right of way and a lot. Where title to land extends to the center of a road, easement, or right-of-way, the side line of such road, easement or right-of-way shall be deemed to be the street line of a street.
STRUCTUREShall mean anything constructed or erected which requires permanent location on the ground or attachment to something having such location.
SUBDIVISIONShall mean the division of a lot, tract, or parcel of land into two (2) or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: (a) divisions of land found by the Planning Board/Zoning Board of Adjustment subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are five (5) acres or larger in size, (b) divisions of property by testamentary or interstate provisions, (c) divisions of property upon court order, including but not limited to judgments of foreclosure, (d) consolidation of existing lots by deed or other recorded instrument and (e) the conveyance of one (1) or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MINORShall mean a subdivision of land for the creation of not more than two (2) lots provided that such subdivision does not involve (a) a planned development, (b) any new street or (c) the extension of any off tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
SWIMMING POOL, PRIVATE, RESIDENTIALShall mean a tank or basin of water, containing in excess of five hundred (500) gallons, to be used for private, recreational swimming by private families and their social guests on residential premises.
USEShall mean the specific purpose for which a parcel of land or a building or a portion of a building is designed, arranged, constructed, altered, converted, occupied, maintained, rented, leased or intended to be used.
WALKWAYShall mean a right of way, dedicated to public use, to facilitate pedestrian access through a subdivision.
YARDShall mean the space on a lot extending along a lot line between such lot line and a principal building, or nonbuilding use occupying such lot.
YARD, FRONTShall mean an open space extending across the full width of the lot, the depth of which is the minimum distance between the nearest point on the street line and the nearest part of the main or accessory building.