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Closter City Zoning Code

ARTICLE III

Definitions and Word Usage

§ 200-4 Word usage.

For the purposes of this chapter, the following words and terms shall have the meanings hereafter indicated. Words used in the present tense shall include the future. Words used in the singular include the plural number and in the plural include the singular. The word "person" shall include a partnership or a corporation. The word "lot" includes the word "plot." The word "building" includes the word "structure." The word "shall" is mandatory and not discretionary. The word "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied."

§ 200-5 Definitions.

[Amended 4-21-1980 by Ord. No. 1980:372; 2-23-1983 by Ord. No. 1983:443; 4-29-1987 by Ord. No. 1987:538; 2-10-1988 by Ord. No. 1988:557; 3-9-1988 by Ord. No. 1988:558; 4-8-1992 by Ord. No. 1992:619; 9-9-1992 by Ord. No. 1992-633; 7-13-1994 by Ord. No. 1994:671; 8-13-1997 by Ord. No. 1997:740; 1-28-1998 by Ord. No. 1998:757; 10-28-1998 by Ord. No. 1998:778; 9-12-2001 by Ord. No. 2001:848; 10-8-2003 by Ord. No. 2000:906; 12-14-2005 by Ord. No. 2005:953; 12-20-2018 by Ord. No. 2018:1246; 12-20-2018 by Ord. No. 2018:1251; 10-7-2019 by Ord. No. 2019:1263; 4-24-2024 by Ord. No. 2024-1332; 12-11-2024 by Ord. No. 2024-1347]
As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY APARTMENT
A self-contained residential dwelling unit with a kitchen, sanitary facilities, sleeping quarters and a private entrance, which is created within an existing single-family dwelling or by addition to an existing single-family dwelling. The dwelling unit, including the accessory apartment, shall meet all required bulk regulations and setbacks for the zone district in which it is located.
ACCESSORY BUILDING
A single building, the use of which is customarily incidental to that of the main or principal building and which is located in the same lot as is occupied by the principal building. Such building(s) shall not occupy an area greater than 30% of the ground area occupied by the principal building. There shall only be two accessory buildings or structures permitted on the lot or combined lots upon which the principal building is located. However, a single additional structure occupying a footprint of less than 10 square feet in area shall not be deemed an accessory building for the purpose of calculating a number of accessory buildings allowed on a lot or combined lots.
ACCESSORY RETAIL SALES
A use occupying not more than 10% of the total floor area of the building's floor area but not exceeding 1,500 square feet, and not more than 10% of the floor area of any space for which there is a certificate of occupancy, and engaged in the selling to the general public of goods or merchandise manufactured, fabricated, converted, altered, finished, assembled or warehoused in that building.
ACCESSORY USE
A use customarily incidental to the principal use of a building, such as the office of a professional person, customary home occupations or a garage.
ALTERING
To make a change in, to modify, to vary in some degree or to change some of the elements, ingredients or details without substituting an entirely new sign or components or destroying the identity of the sign being changed.
AREA OF SIGN
The area enclosed by the perimeter of the sign, including its background, if any, but excluding the structure of the sign, its supports and ornamentation, if any. For wall signs having no background, an imaginary rectangle shall be calculated surrounding each letter or symbol. The summed area of each said rectangle shall be considered the total "area of the sign." For parallel double-faced ground signs, erected as a single or joined units, the maximum area permitted shall be calculated on one (the largest) side only.
AWNING
A shelter projecting from and supported by the exterior wall of a building constructed of either cloth or metal on a supporting framework.
BASEMENT
That portion of a building which is partly above and partly below grade and having at least 1/2 its entire height above grade.
BLOCK
An area bounded by streets or by streets and streams or by streets and Borough boundary lines.
BOCA CODE
Refers to the Building Officials and Code Administrators International Basic Building Code of 1993 and/or any subsequent amendments.
BUILDING
Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind.
BUILDING HEIGHT
The vertical distance between the average elevation (calculated by taking the four corner elevations and the four midpoint elevations and dividing them by eight) of the existing grade or the finished grade, whichever is lower, around the foundation of the building to an elevation of the highest point of the roof surface, inclusive of any parapet, fixtures or screening carried on or above the roof surface if the roof is flat or, in the case of sloping roofs, to a point 1/2 the distance between the plates and the top of the uppermost point of the roof; except that this specified height shall not apply to church steeples, chimneys and flagpoles. Upon application, the municipal agency shall permit a deviation from the height limitations specified where reasonably necessary to accommodate heating, air-conditioning and water-supply apparatus carried on the surface of the roof, upon a finding that not more than 25% of the roof area is devoted to such appurtenances and provision is made for architectural screening in harmony with the architecture of the building so that such equipment is not visible from the surrounding properties or streets.
BUILDING SETBACK LINE
A line drawn parallel to a street line and, if for an existing building, drawn through the point of a building nearest to the street line or, if for a proposed building, drawn through the point of the proposed building nearest to the street located in accordance with Borough of Closter Code § 200-70.
BUILDING UTILITY LINES
Utility wires providing electric, telephone, cable or similar service to a single building from overhead distribution wires that provide electric, telephone, cable or similar service to multiple buildings or lots.
CELLAR
That portion of a building which is partly above and partly below grade and having at least 1/2 its entire height below grade.
CENTER LINE OF STREET
A line midway between and parallel to the property lines or as established by filed maps.
CHARITABLE ORGANIZATIONS
Any group, association, corporation or entity organized for any lawful purpose other than for pecuniary profit, including, without being limited to, any one or more of the following purposes: benevolent; eleemosynary; educational; cemetery; civic; patriotic; political; religious; social; fraternal; literary; cultural; athletic; scientific; agricultural; horticultural; animal husbandry; volunteer fire company; ambulance, first aid or rescue; professional, commercial, industrial or trade association; and labor union and cooperative purposes.
COOPERATIVE SOBER LIVING RESIDENCES
A residential setting that serves solely as a home for individuals who are recovering from drug or alcohol addiction and is intended to provide an environment where the residents can support each other's sobriety and recovery. In addition, such residences shall satisfy the criteria outlined in N.J.A.C. 5:27-2.1 as well as all applicable state and federal laws.
CORNER LOT
A lot which has a frontage contiguous to more than one street or other public open space through which there is a permanent access to the lot.
COURT
An unoccupied open space other than a yard. An "outer court" is one which extends to the street or to the front or rear yard. An "inner court" is any other court.
CURB LEVEL
The permanently established grade of the street in front of the midpoint of the lot. Where a lot level is higher than the curb level, the average elevation of the former along the building line may be taken as a base for measuring the height of a building, side yard or court. Where a lot fronts on two or more streets of different levels, the curb level of the higher street may be taken as the base for measuring the height of a building or open spaces to a distance of 100 feet back from the street with the higher curb level.
DISTRICT
One of any zones or use districts as designated in this chapter.
ERECT
To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of wall signs.
FAMILY
Includes any number of individuals living and cooking together as a single housekeeping unit.
FLAG LOT
A lot that does not have a continuous width from the street to the building setback line at least equal to the minimum street frontage required. For purposes of this definition, the portion of the lot abutting an improved street shall not be declared to be a private road or private street so as to defeat the intent and purpose of this chapter.
FLOOR AREA
The sum of the gross horizontal habitable areas of every floor(s) of a residential building measured from the exterior face of the exterior walls. Floor area shall include basements and attics where 60% or more of the ceiling height is a minimum of seven feet, enclosed porches, mezzanines, lofts, breezeways, roofed balconies, garages and roofed carports and other accessory structures. Floor area shall not include cellars or open porches.
FLOOR AREA RATIO
The sum of the floor area of all residential buildings and accessory structures compared to the total area of the lot(s).
FRONT YARD
A required open, unoccupied space within and extending the full width of the lot between the front property line and the main front wall of the building or projection of more than 18 inches therefrom. On corner lots, a front yard shall be provided on each adjoining street frontage.
GROUND SIGN
A sign supported directly on the ground by a footing, base and pedestal or by pole(s) or upright(s) set in or on a footing and/or base.
GROUP GATHERING USES
A nonprofit or quasi-public use or institutional use, including but not limited to a church, place of worship, public school or other educational institution, public library, museum, art gallery, community center building and clubhouse of an incorporated fraternal, educational or philanthropic organization.
IMPERVIOUS SURFACE
Any material that prevents absorption of stormwater into the ground.
HOTEL
A building used for the shelter of transient guests with at least five sleeping rooms and whose average restaurant service to other than overnight guests does not exceed 25% of the gross restaurant receipts.
LOT
A parcel of land occupied or which may be occupied by a building and accessory buildings and including the open spaces required by this chapter.
LOT DEPTH
The distance measured from the street frontage to the rear lot line. Where the lot is irregular, the lot depth shall be the distance from the street frontage to a line 25 feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
LOW-INCOME HOUSING
Housing affordable according to New Jersey Council on Affordable Housing and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
MAINTENANCE; MAINTENANCE OF SIGNS
Replacement without substantial change of any parts or supports of any signs and repainting without change of text, design or size of any sign, without removal of the sign from the wall or structure supporting it.
MANSARD
A sloped roof or roof-like facade, architecturally comparable to a building wall.
MEDIAN INCOME
The median income for the PSMA in which Bergen County is located, using the most recent calculations of the United States Department of Housing and Urban Development for each appropriate household.
MODERATE-INCOME HOUSING
Housing affordable according to New Jersey Council on Affordable Housing and occupied or reserved for occupancy by households with a gross household income equal to or more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
MULTIFAMILY DWELLING
A structure containing more than two dwellings.
NONCONFORMING SIGN
A. 
A sign legally erected but not presently complying with a subsequently enacted sign ordinance.
B. 
A sign not conforming to the current Sign Ordinance[1] but for which a special permit or variance was previously granted.
OFF-STREET LOADING
No off-street loading or unloading shall be permitted in the front or side yard of any lot. No access to loading areas shall be permitted on corner lots from the front yard in which the main entrance to the principal structure is located. In such case, access to loading and unloading areas shall be permitted only in the front yard in which the main entrance to the principal structure is not located and at a point located to the rear of any principal structure.
OPEN SPACE
A landscaped open area not occupied by any structures or impervious surfaces.
OWNER
A person recorded as such on official public records. For the purposes of Article XXIII, Signs, the owner of the property on which a sign is located is presumed to be the owner of the sign, unless facts to the contrary are officially recorded or otherwise brought to the attention of the Construction Official.
PARAPET
The extension of a false front or wall above a roofline.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PMSA
Primary metropolitan statistical area.
PRINCIPAL USE OR STRUCTURE
A "principal use" is the primary or predominate use of any lot. A "principal structure" is one devoted to the principal use.
PRIVATE GARAGE
A compartment or structure appurtenant to the principal building on the same lot, designed to house not more than four motor vehicles for purpose of storage only. All vehicles stored in such garage must be the property of the owner or lessee of the premises, except that space for the storage of not more than one noncommercial vehicle may be rented.
PUBLIC GARAGE
A structure used for the housing for rental of two or more motor vehicles or for the repair of motor vehicles or for the sale and hire of motor vehicles.
REAR LOT LINE
The lot line opposite to the street line. In the case of a corner lot, the "rear lot line" may be elected by the owner as either of the two interior lot lines. On any plans filed with the Building Inspector, the owner shall designate the rear lot line.
REAR YARD
An open space, except for permitted accessory buildings, on the same lot with the main building and situate between the rear wall of the building or projection therefrom in excess of 18 inches extended to the side lines of the lot and the rear line of the lot. In the case of corner lots, the "rear yard" shall be opposite the lot line contiguous to an arterial street. In the event that the streets being contiguous to the lot lines of a parcel are of the same classification, then in such event the "rear yard" shall be opposite the main entrance of the structure facing either of such streets.
RELETTERING
To change the lettering or descriptive symbols on a sign without changing any of the structural parts or components of the sign.
RESIDENTIAL QUADRUPLEX
A multifamily building type that contains no more than four separate residential units that are architecturally presented as a large single-family house consistent with residential uses located to the east and north of the zone. There are no specific requirements relating to vertical or horizontal separations of the units within the building (i.e., units may overlap in either or both the vertical or horizontal plane).
ROOFLINE
The top edge of a roof or building parapet, whichever is higher, excluding any minor decorative details or projections.
SENIOR CITIZEN
A head of a household who is 62 years of age or older.
SIDE YARD
An open, unobstructed space on the same lot with a building, situated between the building and the side line of the lot and extending through from the front yard or from the street to the rear yard.
SIGN
Any device, structure, fixture or placard, made of combustible or incombustible materials, using electronic, stationary, lighted, painted or printed symbols and/or written copy for the purpose of informing or directing members of the public or advertising, promoting or identifying any institution, establishment, product, goods, services or person.
SOFFIT
An overhang or projection from the roofline.
STORY
That part of a building between a floor and the floor above or, in its absence, the ceiling or roof above. A story extending less than three feet above the curb level shall not be counted in determining the number of stories. A story, the floor of which is below the curb level and which extends to more than three feet above the curb level, shall be counted as that fraction of a story that the section above the curb level bears to the height of the entire story. Any story under a pitched roof, at the top of a building, the floor of which is not more than two feet below the plate, shall be counted as a half story when not more than 60% of the floor area is used for rooms; otherwise, it shall be counted as that fraction of a story which its floor area in rooms bears to the entire floor area of that floor.
STREET
Includes any highway, road or avenue dedicated to public use.
STREET, ACCESS
The lowest order of residential streets. An access street provides frontage for access to lots and carries traffic having destination or origin on the street itself. It is designed to carry the least amount of traffic at the lowest speed. All, or the maximum number of housing units, shall front on this class of street.
STREET, COLLECTOR
The highest order of residential streets. A collector street conducts and distributes traffic between lower-order residential streets and higher-order streets (e.g., county roads) and carries the largest volume of traffic at higher speeds. Its function is to promote free traffic flow. Collectors should not be used as shortcuts by nonneighborhood traffic.
STREET, CUL-DE-SAC
A street with a single common ingress and egress and with a turnaround at the end.
STREET, DEAD-END
A street with a single common ingress and egress.
STREET FRONTAGE
The lot line separating a lot from a street right-of-way.
STREET, LOCAL
A street designed to provide vehicles access to abutting property and to discourage through traffic. A "local street" includes access streets, culs-de-sac, loop streets, subcollector streets and dead-end streets. A "local street" does not include collector streets or county roads.
STREET, SUBCOLLECTOR
The middle order of residential streets. A subcollector street provides frontage for access to lots and carries traffic of adjoining residential access streets. It is designed to carry somewhat higher traffic volumes with traffic limited to motorists having origin or destination within the immediate neighborhood. It is not intended to interconnect adjoining neighborhoods or subdivisions and should not carry regional through traffic.
STRUCTURAL ALTERATION
Any change in the size or heights of a building or a change in its position on the lot.
TEMPORARY SIGN
A sign not intended for use for more than 60 days. This shall include any sign, banner, pennant, flag, valance or advertising display constructed of cloth, canvas, cardboard, wallboard or other light materials, with or without frames.
UNLAWFUL SIGN
Any sign not meeting the requirements of this chapter and which has not received legal nonconforming status.
WALL SIGN
A sign attached on the exterior surface of a structure, parallel to and not extending more than 12 inches from the wall of said structure nor projecting beyond the ends of the top of the wall to which it is attached and at least eight feet above the sidewalk or ground beneath it. This definition includes individual letter, painted and cabinet-mounted signs and signs on a mansard.
WINDOW SIGNS
A sign installed only by painted lettering, without a contrasting background, inside a window or glazed door and intended to be viewed from the outside. Said lettering may not occupy more than 15% of the glazed area of any such window or door panel.
ZONING OFFICER
The principal enforcement and administrative agent of the Borough of Closter under this chapter.
[1]
Editor's Note: See Art. XXIII, Signs, of this chapter.