Demarest City Zoning Code
ARTICLE VII
Terminology
§ 175-26 Interpretation of certain terms.
A.
Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the plural includes the singular; the word "shall" is mandatory; the word "building" includes the word "structure;" "occupied" or "used" shall be construed to include the words "intended, arranged or designed to be used or occupied."
B.
Whenever a term is used in this chapter which is defined in the Municipal Land Use Law, as amended and supplemented, such term is intended to have the meaning set forth in the definition of such term as found in the applicable statute, unless a contrary intention is clearly expressed from the context of this chapter.
§ 175-27 Definitions.
A.
Definitions. N.J.S.A. 40:55D-3, Municipal Land Use Law, and its amendments shall also become part of this Article VII.
B. ACCESSORY BUILDING ACCESSORY USE ALTERATION ATTIC AVERAGE NATURAL GRADE BASEMENT BUILDING BUILDING, HEIGHT OF BUILDING, PRINCIPAL BULK (ZONING ENVELOPE) CELLULAR TELECOMMUNICATIONS TOWER AND ANTENNA(1) (2) CHIMNEY CLUB FACILITIES ACCESSORY TO A CLUBHOUSE CLUB FACILITIES ACCESSORY TO SECONDARY SOCIAL FACILITY CLUBHOUSE COMPLETE APPLICATION COUNTY PLANNING BOARD COVERAGE, MAXIMUM DECK DEMOLITION/NEW CONSTRUCTION(1) (2) DWELLING DWELLING UNIT FAMILY FENCE FLOOR AREA GARAGE, PRIVATE GOLF COURSE GOLF COURSE WITH CLUB FACILITIES IMPERVIOUS SURFACE IMPROVED LOT COVERAGE IMPROVEMENT LIMITING SCHEDULE FOOTNOTE "D" LIVABLE FLOOR AREA LIVING FENCE LOT FRONTAGE LOT LINE LOT LINE, REAR LOT LINE, SIDE LOT or PLOT LOT, CORNER LOT, DEPTH OF LOT, WIDTH OF MINOR SUBDIVISION MUNICIPAL LAND USE LAW NATURAL GRADE NONCONFORMING LOT NONCONFORMING STRUCTURE NONCONFORMING USE PARKING SPACE PLATFORM PORCH PROFESSIONAL OR BUSINESS PRACTICES RIGHT-OF-WAY LINE SATELLITE EARTH STATION SECONDARY SOCIAL FACILITY SIGN SIGN AREA SIGN, ADVERTISING SIGN, BUSINESS STORY STREET STRUCTURE SUBDIVISION(1) (2) SUBDIVISION APPLICATION SUBDIVISION, MAJOR SUBDIVISION, MINOR SWIMMING POOL TRANSCRIPT UNDERGROUND UTILITY USE, ACCESSORY (BUILDING, STRUCTURE) USE, PRINCIPAL WALL, RETAINING YARD YARD, FRONT YARD, REAR YARD, SIDE
The following terms or words used herein shall be interpreted or defined as follows:
A subordinate building or structure which is located on the same zoning lot as the principal building or structure, whose use is clearly incidental and subordinate to the principal use and which use is customary in connection with the principal use; for example, but not by way of limitation, sheds, gazebos, decks, detached garages and structures attendant to accessory uses.
[Amended 4-17-1989 by Ord. No. 662]
Either a subordinate use or a building, structure or land whose use is clearly incidental to the principal use and which is customary in connection with the principal use and which is located on the same zoning lot as the principal use; for example, but not by way of limitation, swimming pools, tennis courts and other active recreational areas.
As applied to a building or structure, a 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, or the moving from one location or position to another.
The unheated space between the ceiling beams of the top story and the roof rafters, provided it is not on the same level as the living space.
[Added 4-17-1989 by Ord. No. 662; amended 4-15-1996 by Ord. No. 774; 8-22-2002 by Ord. No. 862]
An average of a natural grade adjacent to the perimeter of a building measured at points 10 feet apart starting at the lowest elevation.
[Added 8-22-2002 by Ord. No. 862]
The lowest level of a building which is partly or completely below grade.
[Added 4-17-1989 by Ord. No. 662; amended 4-15-1996 by Ord. No. 774]
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
The vertical distance measured from the average natural grade all around the building to the highest point of the roof.
[Amended 4-17-1989 by Ord. No. 662; 4-15-1996 by Ord. No. 774; 8-22-2002 by Ord. No. 862]
A nonaccessory building in which the principal use of the lot on which it is located is conducted.
The three-dimensional space within which a structure is permitted to be built on a lot and that is defined by maximum height regulations and minimum yard setbacks, and sky exposure plane regulations when applicable.
[Amended 4-15-1996 by Ord. No. 774]
[Added 7-7-1997 by Ord. No. 791]
An antenna that is intended for commercial transmission or reception of personal wireless telephone services communications and including commercial mobile services communications and licensed wireless communications and common carrier wireless exchange access services and also including any tower or other supporting structures and equipment necessary for such transmission or reception.
Expressly omitted from this definition are those antennas intended for personal private use.
A structure containing one or more flues for drawing off emissions from stationary sources of combustion. The height shall not exceed five feet, including all appendages above the highest point of the roof that the chimney penetrates or is adjacent to, except that the chimney outlet shall be a minimum of two feet higher than any portion of the building within 10 feet.
[Added 4-15-1996 by Ord. No. 774]
Parking facilities, tennis court(s); swimming pool(s); children recreation areas; paddle tennis court(s); putting greens; driving range; shuffleboard or bocci court(s); cabana(s); pump rooms; storage facilities; maintenance facilities; golf cart buildings; snack bar(s); and the full panoply of typical uses associated with a golf club.
[Added 8-20-2001 by Ord. No. 840]
Parking facilities, putting green(s), driving range(s), golf cart/storage building, and maintenance buildings.
[Added 8-20-2001 by Ord. No. 840]
A golf course facility with dining room(s); banquet facilities; grill room(s); bar(s); a pro shop; golf bag room(s); locker room, shower and lavatory facilities; club offices; card room(s); and the full panoply of typical uses associated with such a facility.
[Added 8-20-2001 by Ord. No. 840]
An application which, for purposes of commencing applicable time periods for action by the municipal agency, has been certified to be complete or is deemed complete pursuant to N.J.S.A. 40:55D-10.3.
[Amended 4-15-1996 by Ord. No. 774]
The Bergen County Planning Board.
That percentage of the plot or lot area covered by the principal building and the accessory use building and/or structure.
[Amended 4-15-1996 by Ord. No. 774]
A structure assembled with level walking surface(s), with or without railings, any part of which, including railings, is on, above or below grade.
[Added 4-17-1989 by Ord. No. 662]
An altered structure shall be deemed new construction for all development, building and zoning purposes if:
[Added 6-22-2015 by Ord. No. 1025]
The square footage of the foundation of the altered structure is increased by 50% or more when compared to the square footage of the foundation of the structure prior to alteration; or
The floor area of the altered structure (meaning the livable floor area plus basements, garages and other unheated areas) is increased by more than 50% of the floor area (meaning the livable floor area plus basements, garages and other unheated areas) of the structure prior to alteration.
A structure or portion thereof that is used exclusively for human habitation.
[Amended 4-15-1996 by Ord. No. 774]
A building or part of a building containing a complete housekeeping unit for one family.
[Amended 4-15-1996 by Ord. No. 774]
A group bearing a generic character of a single-family housekeeping unit as a permanent household; a single, nonprofit housekeeping unit.
[Amended 4-15-1996 by Ord. No. 774]
Any substantially vertical structure, wall, or barrier, regardless of material composition, but excluding vegetation and living fences, whether supported by a foundation, footing, piling, stake, post, aboveground member, or whether self-supporting, to prevent escape or intrusion, to mark a boundary or the proximity thereof to ensure privacy, or to act as a support for vegetation.
[Added 6-22-2015 by Ord. No. 1025]
The aggregate area of all floors within the outer surface of a building's exterior walls, excluding attics, garages and basements or cellars that are at least 70% below average grade.
[Added 8-22-2002 by Ord. No. 862]
A compartment in or on an enclosed structure, appurtenant to a residence building on the same lot, designed to house not more than four motor vehicles for the purpose of storage only. A private garage shall exclude carports or stalls for vehicles.
A tract of land for playing golf with 18 holes consisting of tees, greens, fairways and hazards.
[Added 8-20-2001 by Ord. No. 840]
A golf course with any of the facilities comprising club facilities accessory to a clubhouse and may include secondary social facility and club facilities accessory to a secondary social facility.
[Added 8-20-2001 by Ord. No. 840]
A surface covered with a layer of material that is highly resistant to water infiltration. Examples of impervious surfaces include asphalt, brick, pavers, compacted surfaces, including stone roadways, driveways, parking areas, walkways, patios' buildings, concrete, metal and most structures.
[Added 4-15-1996 by Ord. No. 774; amended 6-22-2015 by Ord. No. 1025]
The part of the site that is covered by buildings or accessory buildings; impervious or pervious tennis courts, basketball courts, decks, swimming pool decks, patios, firepits, hot tubs or other recreational structures or improvements; impervious or pervious parking areas, driveways, walls, walkways, pavers or similar improvements; and any other structures or impervious surfaces. Total improved lot coverage shall not exceed 30% of the lot area. The percentage of the lot to be used for the principal residential use and all vehicle access and parking areas shall be not greater than 25%. Any portion of the 30% of lot coverage not devoted to the residence proper, parking and vehicular access may be used for outdoor appurtenances such as patio, deck, swimming pool or other recreational uses. This limitation shall apply to all residential districts and zones regulating single-family homes.
[Added 6-22-2015 by Ord. No. 1025; amended 10-26-2020 by Ord. No. 1083-20]
Development, construction, alteration, addition or relocation of a principal building, accessory building or accessory use, including landscaping, paving, porous and nonporous, and fencing, but not including normal maintenance of the above in whole or its components.
Measured from the average natural grade around the perimeter of the proposed structure.
[Added 8-22-2002 by Ord. No. 862]
The aggregate area of all floors included within the outer walls of a building, excluding basements, garages and other unheated areas, and including only such floor area under a sloping ceiling for which the headroom is not less than five feet six inches, and then only if at least 75% of such floor area has a ceiling height of not less than seven feet six inches and if any such floor that is situated above another story has access to the floor below by a permanent built-in stairway and has a permanent, complete floor and a means of heating to 70° F. at all times.
[Amended 4-17-1989 by Ord. No. 662; 4-15-1996 by Ord. No. 774]
Plantings created by human effort consisting of the growth or placement of hedges, trees, bushes, or any other plants, or any combination thereof, creating a vision-impairing barrier or boundary between properties.
[Added 6-22-2015 by Ord. No. 1025]
The horizontal distance measured along the full length of the front lot line.
Any boundary line of a lot.
Any lot line which is opposite and/or does not intersect a front lot line, except in the case of a triangular corner lot or otherwise irregularly shaped lots.
[Amended 4-15-1996 by Ord. No. 774]
Any lot line not a front lot line or a rear lot line.
[Amended 4-15-1996 by Ord. No. 774]
A single parcel of land occupied by a principal use or used or designed for occupancy by one principal building and accessory use buildings and/or structure and including the open spaces required by this chapter, which parcel of land has its principal frontage on a public street or on a private street of record at the time of the effective date of this chapter.
[Amended 4-15-1996 by Ord. No. 774]
A lot or parcel of land abutting upon two or more streets at their intersection or upon two parts of the same street, forming an interior angle of less than 135°. The minimum frontage is to be maintained on all streets. The approving authority is to designate the front of the building, and then the yard opposite the designated front of the building shall meet rear yard minimum requirements.
[Added 4-15-1996 by Ord. No. 774]
The mean horizontal distance between the front and rear lot lines.
The straight line distance between points on opposite side lot lines where the boundary between the front yard and the street meet said side lot lines.
A subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is not be wholly borne by the developer.
Laws of 1975, Chapter 291 (N.J.S.A. 40:55D-1 et seq.), as supplemented and amended from time to time.
The existing topographical elevation of a zoned lot that exists as of the adoption of this definition.
[Added 8-22-2002 by Ord. No. 862]
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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 reasons of such adoption, revision or amendment.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
A use or activity 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 reasons of such adoption, revision or amendment.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
An off-street space accessible to and usable for the parking of one motor vehicle and having an area of not less than 180 square feet, exclusive of passageways and aisles appurtenant thereto, with a minimum length of 20 feet and contiguous with the principal use driveway.[1]
[Amended 4-15-1996 by Ord. No. 774]
A walk or approach to a doorway and attached to and a part of the main building.
[Added 4-17-1989 by Ord. No. 662]
A covered walk or approach to a doorway and attached to and a part of the main building.
An accessory use of a service character, customarily conducted within a dwelling by residents thereof, which is clearly incidental and secondary to the use of a dwelling for living purposes and which does not change the character thereof or have any exterior evidence other than a professional sign, as provided in § 175-17C.
The boundary between the total width of property owned by the public body, whether or not it is dedicated as a street, road or roadway and over which the public has the right of passage, and a property border.
Any apparatus, building, or structure which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals in connection with what is commonly referred to as a dish-type antenna.
An additional building other than the clubhouse with sit down eating areas and kitchen(s) and bar(s) for serving breakfast and lunch and snacks; locker rooms and showers and lavatory facilities; card room(s); pro shop; bag room; storage space; and the full panoply of typical uses associated with such a facility. Banquet facilities are expressly prohibited. Supper is specifically excluded, excepting for sporadic barbecues and special events occurring not more than three times a month between May 1 and September 30.[2]
[Added 8-20-2001 by Ord. No. 840]
Any structure or part thereof or device attached or painted or represented thereon or painted or represented on any part of a building, which shall display or include any letter, work, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or another political unit or of any political, educational, charitable, philanthropic, civic, professional or religious or like campaign, drive, movement or event.
The area within the shortest line that can be drawn around the outside perimeter of a sign, including all decoration but excluding supports, if any, unless the same are illuminated.
A sign which directs attention to a business commodity, service or entertainment conducted, sold or offered elsewhere than on the premises where the sign is displayed.
A sign to make known to the public the nature of a business commodity, service or entertainment, and/or the name of the proprietor of the business, conducted at the premises to which such sign is attached.
That portion of a building included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between any floor and the ceiling next above it.
Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway; or which is shown upon a plat heretofore approved pursuant to law; or which is approved by official action as provided by this chapter; or 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 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.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
[Amended 4-15-1996 by Ord. No. 774]
The division of a lot, tract or parcel of land into two 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 chapter if no new streets are created: divisions of land found by the Planning Board or Subdivision Committee thereof appointed by the Chairman to be for agricultural purposes, where all resulting parcels are five acres or larger in size; divisions of property testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instruments; and the conveyance of one 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 Official Map of the Borough.
Also includes the term "resubdivision."
The application for approval of a subdivision review pursuant to the Municipal Land Use Law, as amended and supplemented in Chapter 153, Subdivision and Site Plan Review, of the Code of the Borough of Demarest.
[Amended 4-15-1996 by Ord. No. 774]
A subdivision not classified as a minor subdivision.
[Added 4-15-1996 by Ord. No. 774]
A subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to N.J.S.A. 40:55D-42.
[Added 4-15-1996 by Ord. No. 774]
A water-filled enclosure, permanently constructed or portable, having a depth of more than 24 inches below the level of the surrounding land, or an above-surface pool having a depth of more than 24 inches, designed, used, and maintained for swimming and bathing.
[Amended 4-15-1996 by Ord. No. 774]
A typed or printed verbatim record of the proceedings, or reproduction thereof.
Any property dedicated to the public use and public service which is regulated by the Public Utilities Commissioners and which is located below the ground surface.
A building, structure or use detached from the principal use, building or structure which is located on the same zoning lot and customarily incidental and subordinate to the principal use, building or structure.
[Added 4-15-1996 by Ord. No. 774]
The specific purpose for which land or a building is designed, arranged, intended or for which it is, or may be, occupied or maintained.
A structure forming a change of grade with or without footing that is two feet or greater in height from the lowest adjacent grade elevation.
[Added 4-15-1996 by Ord. No. 774]
The space on a lot extending along a lot line between such lot line and a principal building or buildings or a nonbuilding use occupying such lot.
A yard extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the "front yard" shall be between the front line of the building and the street line.
[Amended 4-15-1996 by Ord. No. 774]
A yard extending the full width of the lot and situated between the rear line of the building and the rear line of the lot.
A yard situated between the building and the side line of the lot and extending from the front yard to the rear yard.