Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the following meanings. Any and all terms not specifically listed within shall be directed to the most current edition of Moskowitz, Lindbloom, Listokin, Preiss and Merriam Book of Land Use definitions entitled: "The Complete Illustrated Book of Development Definitions."
ACCESSORY BUILDINGA building or use clearly incidental or subordinate to and customary in connection with the principal building or use on the same lot.
ASSISTED-LIVING RESIDENCE (ALR)A facility as defined in the New Jersey Department of Health Regulations which is licensed by the State Department of Health to provide apartment-style housing and congregate dining and to assure that assisted-living services are available when needed for four or more adults unrelated to the proprietor. Apartment units offer, at a minimum, one unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance.
AWNINGA shelter projecting from and supported by the exterior wall of a building constructed of either cloth or metal on a supporting framework.
BASEMENTA story in a building having a floor below the finished grade at any point on the periphery of the building and having a structural ceiling level at least three feet above the average finished grade along any side of the building. See also "cellar" and "story."
BILLBOARDSA sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing at some other site or only incidentally upon the same site or lot. See also sign.
BUILDING Any combination of materials forming a construction. The term "building" is not intended to include underground construction which permits the use of the ground above as if no construction existed. The term "building" shall include the term "structure" as well as the following
(3) Walls, except retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level.
(4) Communication equipment, radio and television antennas, except for:
(a) Antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.
(b) Any antenna or communication equipment owned or leased by the Borough and used in connection with and delivery of any Borough services.
(5) Porches, carports, bins and other similar structures.
BUILDING COVERAGEAll land areas covered by buildings or other structures. These areas shall include but is not limited to residences, garages, sheds, porches, cabanas, uncovered decks which are larger than 150 square feet, covered decks and buildings or other structures with roofed areas.
CELLARA space in a building with a structural ceiling level less than four feet above the average finished grade along any side of the building facing a street.
CONGREGATE HOUSINGSpecially planned, designed and managed multi-unit rental housing with self-contained apartments. These retirement communities are designed to provide supportive environments but also to accommodate a relatively independent lifestyle. A limited number of support services such as meals, laundry, housekeeping, transportation and social and recreation activities are usually provided. Health services available 24 hours a day are not part of congregate housing.
COURT, INNERAny open space enclosed on all sides by exterior walls of a building.
COURT, OUTERAn open space enclosed on three sides by exterior walls of a building.
DWELLING, ONE-FAMILY(1) A detached building containing one dwelling unit only.
(2) A semi-attached or fully attached building containing separate dwelling units; each dwelling unit separated by a rated fire wall, e.g., a townhouse.
DWELLING, TWO-FAMILYA detached, semi-attached or fully attached building containing two dwelling units, each unit consisting of one or more rooms designed, occupied or intended for occupancy as separate living quarters with cooking, sleeping and sanitary facilities therein. Exception: a detached building containing two dwelling units shall be considered a one-family dwelling, provided that one of the dwelling units is intended for the use of and is in fact occupied by domestic help.
DWELLING UNITSOne or more rooms designed or occupied, or intended for occupancy, as separate living quarters, with cooking, sleeping and sanitary facilities therein, for the exclusive use of a single family and domestic help.
FAMILYOne or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption shall not be considered to constitute one family.
FENCE, CLOSEDIncludes solid fences of the types commonly known as "cedar picket," "stockade" and "louvered," also masonry or other types of solid construction which substantially obstruct the view or interfere with light or circulation of air, etc.
FENCE, OPENIncludes fences of the type commonly known as "rail," "split rail," "anchor" or "chain link" which do not substantially obstruct the view or interfere with light or circulation of air, etc.
FLOOR AREAThe sum of the gross horizontal areas of the several floors of the building or buildings on a lot, measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.
FLOOR AREA, LIVABLEAll spaces within the exterior walls of a dwelling unit, exclusive of garages, cellars, heater rooms and basements having a window area of less than 20% of the square foot area of the room and of unheated porches and breezeways, but shall include all spaces not otherwise excluded, such as principal rooms, utility rooms, bathrooms and all closets and hallways opening directly into and appurtenant to any rooms within the dwelling unit, and all attic space having a clear height of six feet from finish floor level to pitch of roof rafter and a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.
FLOOR AREA RATIO (FAR)The sum of the area of all floors of buildings or structures defined by the gross building area, compared to the total area of the site, expressed as a percentage.
GROSS BUILDING AREAThe gross building floor area of the buildings on the property. The gross building area shall include all enclosed floor areas on all floors for residences, accessory buildings, or garages measured by using the outside dimensions. The gross building area shall not include open porches, unfinished attics, basements, decks or porches. Up to 440 square feet of space may be excluded for garage use if a garage is constructed in the R-10 or R-15 zones and up to 880 square feet in the R-40 zone.
HANDICAPPED PERSONA person who has a physical impairment which is expected to be of long, continued and inordinate duration and substantially impairs his or her ability to live independently and is of such nature that the disability could be ameliorated by suitable housing conditions.
HEIGHTA dimension calculated by measuring the proposed finished grade along the perimeter of the building or structure at points 10 feet apart with the beginning point being the lowest finished grade adjacent to the building or structure, and adding all of said measurements and then dividing the total arrived by the number of measurements taken.
IMPERVIOUS AREALand surface area that does not allow rain water to be directly absorbed by the ground. These surfaces shall include by way of illustration and not limitation:
(2) Driveways or other paved areas, including paving stones.
(5) Decks which do not allow free drainage of rainwater through to the ground underneath.
LOTAny parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory building, if any, or by a group of buildings having any land in common and the buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.
LOT AREAThe actual land area of the property or lot including easements or rights-of-way.
LOT, CORNERA lot which occupies the interior angle at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°. 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 Construction Official. Upon initial designation by an owner, the selected front line shall remain as the front line for all subsequent owners. However, each side of a corner lot abutting on a street line shall meet the minimum district requirements for front yard and lot width at the street line. Each yard abutting a street shall be a front yard for purposes of setting a setback.
LOT DEPTHThe minimum distance from the street line of a lot to the rear lot line of such lot.
LOT LINEAny boundary of a lot other than a street line.
LOT WIDTHThe average distance between side lot lines, measured along two lines parallel to a line connecting the end points of the front lot line and drawn through those two points of the principal building closest to and farthest from the street.
MAIN FLOORThe largest area, found by the projection of a horizontal plane through the livable floor area, which is enclosed by the exterior walls of the building.
MAINTENANCE; MAINTENANCE OF AWNINGReplacement 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.
MANUFACTURINGAny process whereby the nature, size or shape of articles or raw materials are changed or where articles are assembled or packaged in quantity.
NEW CONSTRUCTIONConstruction of a building on a vacant lot or the renovation of an existing building where 50% or more of the perimeter wall structure at the first-floor level thereof has been removed at any point during the course of construction.
NONCONFORMING AWNINGAn awning legally erected but not complying with a subsequently enacted Awning Ordinance or an awning which does not conform to the Awning Ordinance but for which a special permit or variance was granted.
NONCONFORMING BUILDING OR USEA building or use which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the regulations prescribed for the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONIMPERVIOUS AREAIncludes by way of illustration and not limitation the following:
(1) Gravel or loose stone areas that allow water to pass through to the ground below.
(2) Fences, playground equipment, arbors or outdoor furniture.
(3) Rock naturally existing on the premises.
(4) Permanent pools including the water surface area of permanent swimming pools.
PARTIAL DESTRUCTIONThe destruction or demolition of less than 1/2 of the building or structure.
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PURD)An area with a minimum contiguous or noncontiguous acreage of 18 acres or more to be developed as a single entity according to a plan containing one or more residential clusters which may include congregate housing and assisted-living residences, commercial or public or quasi-public uses all primarily for the benefit of the residential development.
POOLAny permanent basin/structure/container, above or below ground, that contains water in excess of three inches in depth and used for any purpose including, by way of illustration and not limitation, swimming, fishing, fountain, wading, ice rink and planting.
PROJECTIONA part of a building or structure which projects from a wall of a building.
RELETTERINGTo change the lettering or descriptive symbols on a sign without changing any of the structural parts or components of the sign.
ROOFLINEThe top edge of a roof or building parapet, whichever is higher, excluding any minor decorative details or projections.
SATELLITE ANTENNAAny apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television antennas.
SETBACKThe distance between the street line and the setback line.
SIDE YARD SETBACKThe minimum dimension between a building or structure and the side property line.
SIGNAny structure or part thereof or device attached thereto or painted or represented thereon which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement to promote the interests of any person or group of persons. It shall include every type of sign, i.e., ground sign, wall sign, roof sign, pylon or pole sign, marquee, canopy, awning or street clock.
SIGN AREA - Includes all faces of a sign measured as follows(1) When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.
(2) When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall or roof, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
SIGN AWNINGAny awning, 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.
STEEP SLOPESAny land areas with a topographic slope 15% or greater in grade shall be considered steep sloped areas in the Borough of Cresskill, and such steep sloped areas shall be deemed to be critical areas for the purpose of this chapter.
STORYThat part of any building, exclusive of cellars but inclusive of basements, comprised between the level of one finished floor and the level of the next higher finished floor or, if there be 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.
STORY, HALFAny space partially within the roof framing where the clear height of not more than 50% of such space between the top of the floor beams and the structural ceiling level is seven feet six inches or more.
STREETA street shown on the Official Map of the Borough and improved to the satisfaction of the Planning Board.
STREET LEVELThe established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
STREET LINEThe dividing line between a lot and a street.
TOWNHOUSEA townhouse dwelling as used in this chapter shall mean a building structure designed for occupancy by no more than one family or household and attached by not more than two party walls extending from the foundation to the roof and providing two direct means of access, one to the front and one to the rear or side.
TRAILER, HOUSEAny vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "house trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.
UNLAWFUL AWNINGA sign not meeting the requirements of this chapter and which has not received legal nonconforming status.
USABLE OPEN SPACEAn unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, the minimum dimension of which is 40 feet and which is available and accessible to all occupants of the building or buildings on the lot for purposes of active or passive outdoor recreation. Accessory building roof space may be substituted for ground space, provided that such space is available and accessible to all the occupants by means of access other than stairs.
USEThe specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
YARD, FRONTAn unoccupied ground area fully open to the sky between the street line and a line drawn parallel from the street line towards the main structure thereto touching the frontmost portion of the building. In the event a lot runs from one street to another, the Planning Board, at the time it grants subdivision approval, will designate which yard is a front yard and which is a rear yard. In the event that the Planning Board has already granted subdivision approval, the front yard will be the same as the majority of residences on that street.
YARD, REARAn unoccupied ground area fully open to the sky between the rear lot line and a line drawn parallel thereto.
YARD, SIDEAn unoccupied ground area fully open to the sky between any property line, other than a street or rear lot line, and a line drawn parallel thereto and between the front and rear yards. However, this shall not include any area closer to the street than the front of the building.