Englewood Cliffs City Zoning Code
§ 30-2
DEFINITIONS.
[Ord. #9306, A II; Ord. #9608, § 1; Ord. #9715, § 1; Ord. #9717; Ord. #9801, § 1; Ord. #9905; Ord. #9908; Ord. #9909, § 1; Ord. No. 2000-02, § 1; Ord. #2002-01; Ord. #2005-38]
a.
General. All words used in this chapter in the present tense include the future tense; all words in the plural number include the singular number and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. Unless otherwise specified, all distances shall be measured horizontally. The word "building" includes the word "structure"; the word "lot" includes the word "plot"; the word "used" shall be deemed also to include "designed, intended or arranged to be used"; the term "erected" shall be deemed also to include "constructed," "reconstructed," "altered," or "moved"; and the word "shall" is mandatory and not directory. The word "zone" includes the word "district"; the word "Borough" means the "Borough of Englewood Cliffs in the County of Bergen, State of New Jersey." The terms "Borough Council," "Board of Adjustment," "Planning Board," "Administrative Officer" and "Zoning Officer" mean the respective said boards and officers of said Borough.
b. AFFORDABLE AGENCY ALTERNATIVE TOWER STRUCTURE ANTENNA ASSISTED LIVING RESIDENCE ATTIC AUTHORITY AUTO SALES LOT AVAILABLE SITE BACKHAUL NETWORK BASEMENT BERM BLOCK BUFFER BUILDING BUILDING AREA BUILDING HEIGHT BUILDING LINE BUILDING, ACCESSORY BUILDING, MAIN OR PRINCIPAL CERTIFIED HOUSEHOLD CLUB COMMERCIAL VEHICLES COMMUNITY RESIDENCE - "COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED" CONDITIONAL USE COUNCIL COURT COVERAGE CURB LEVEL DECK, PARKING DECK, PORCH OR RAISED PLATFORM DISTRICT, MORE RESTRICTED OR LESS RESTRICTED DRIVEWAY DWELLING DWELLING UNIT DWELLING, DETACHED ENVIRONMENTAL IMPACT STATEMENTa. b. c. d. e. f. g. h. FAA FAIR MARKET VALUE FAIR SHARE PLAN FAMILY FCC FENCE FLOOR AREA GARAGE, ACCESSORY GARAGE, PRIVATE GASOLINE FILLING STATION GRADES GROUND FLOOR LOBBY HEIGHT INCLUSIONARY DEVELOPMENT LOADING SPACE LOT LOT COVERAGE LOT DEPTH LOT LINE LOT WIDTH LOT, CORNER LOT, FRONTAGE LOT, INTERIOR LOT, PARKING LOW INCOME HOUSING MARKET RATE UNITS MOBILE CELLULAR COMMUNICATIONS ANTENNA (SATELLITE ANTENNA) MOBILE CELLULAR COMMUNICATIONS TOWER (TOWER) MODERATE INCOME HOUSING NONCONFORMING STRUCTURE NONCONFORMING USE OFFICE, PROFESSIONAL PARKING AREA PARKING SPACE PERFORMANCE STANDARD PLACE OF PUBLIC ASSEMBLY PREEXISTING TOWERS AND PREEXISTING ANTENNAS REALISTIC DEVELOPMENT POTENTIAL RESIDENTIAL SINGLE FAMILY DWELLING RESTAURANT RESTAURANT, FAST-FOOD SCHOOL BUSINESS SCHOOL, PRIVATE SENDING MUNICIPALITY SERVICE AREAS SERVICE ESTABLISHMENT SET-ASIDE SETBACK (FRONT) SITE PLAN STORY STORY, HALF STREET STRUCTURAL ALTERATION STRUCTUREa. b. TENANT TOWER USE USE, ACCESSORY USE, PRINCIPAL YARD YARD, FRONT YARD, REAR YARD, SIDE
Specific Definitions. For the purposes of this chapter, certain words and terms used herein are defined as follows, unless the context clearly indicates a different meaning.
Shall mean a sale or rent within the means of low or moderate income households as defined in N.J.A.C. 5:93-7.4.
Shall mean the New Jersey Housing and Mortgage Finance Agency established by P.L. 1983, c. 530 (N.J.S.A. 55:14K-1 et seq.).
Shall mean man-made trees, clock towers, bell steeples, light poles and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.
Shall mean any structure, combination of materials or form of apparatus which is designed and used for the purpose of sending, transmitting, receiving or relaying low-power mobile radio waves for commercial communications systems or other similar technologies. Antenna shall not include conventional television antenna.
Shall mean, in accordance with N.J.A.C. 8:36-1 et seq., an assisted living residence shall be defined as a facility which is licensed by the 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 adult persons 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.
Shall mean a space directly below a pitched roof and located between the roof rafters and the ceiling beams of the story below, which space is not used for human occupancy.
Shall mean the entity designated by the Borough for the purpose of monitoring the occupancy, resale and rental restrictions of low and moderate income housing units.
Shall mean any area, where two or more vehicles in operating condition are offered for sale or lease or are displayed other than within a completely enclosed building.
Shall mean a site with a clear title, free of encumbrances which preclude development for low and moderate income housing.
Shall mean the lines that connect a provider's tower/cell site to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
Shall mean a story partly underground and having more than half of its clear height below the finished grade. A basement shall not be considered a story for purposes of height measurement in determining the permissible number of stories when used solely for incidental or accessory storage or for the housing of mechanical equipment which services the building. Computers are not permitted mechanical equipment.
Shall mean a mound of soil, either natural or man-made, used as a view obstruction.
Shall mean that property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street, parking boundary, or waterway.
Shall mean an area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural, existing vegetation or created by the use of trees, shrubs, fences and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties.
Shall mean a combination of materials to form a construction adapted to permanent, temporary, or continuous occupancy and having a roof.
Shall mean the total of interior areas measured on a horizontal plane to the exterior wall of all building levels of the principal building and all accessory buildings, inclusive of covered and uncovered porches, terraces, chimneys, steps, stairs and extensions.
Shall mean that in all zones except residential and the B-2 zone, the height of building shall be the vertical distance exclusive of chimneys and similar features measured from the mean curb level to the highest point of the building. In the B-2 zone, the height of the building shall be limited to 35 feet or less from the curb level immediately adjacent to the front of the building.
In residential zones building height shall be 30 feet (measured by taking the four corner elevations and the four midpoint elevations and dividing them by eight by utilizing the house box) of the existing grade or the finished grade, whichever is greater. In any event the height of the measure from the mean curb level to the highest point of the building shall not be more than 32 feet exclusive of chimneys.
Shall mean a line parallel to the front lot line or side lot line and removed from it by the depth or distance of the required front yard or side yard requirement.
Shall mean a one-story subordinate building, the use of which is customarily incidental to that of the main or principal building on the same lot. Cabanas, gazebos, prefabricated utility sheds and other structures of this type are considered accessory buildings.
Shall mean a building in which is conducted the principal use of the lot on which it is situated.
Shall mean a household determined to be income eligible for a low and moderate income housing unit by a municipal authority after the Authority has verified the household's gross annual income, credit history and compared the household's family size to the occupancy requirements delineated in N.J.A.C. 5:93-9.a(b)14.
Shall mean premises or building reserved for the exclusive use of members of an organization and their guests for civic, charitable, social or recreational purposes not conducted for gain, provided that there are no sales on the premises of any merchandise or service except to members and except for occasional sales, not more than four times per year for fund raising for club purposes.
Shall mean every type of vehicle used for commercial purposes, such as transportation of goods, wares, merchandise and passengers excepting vehicles of the passenger car type and the type commonly known as station wagons, but including trailers and construction equipment of every kind.
Shall mean any community residential facility licensed pursuant to P.L. 1977, c. 448 (C. 30:11B-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements and hostels.
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in the Zoning Ordinance, and upon the issuance of an authorization therefor by the Planning Board.
Shall mean the New Jersey Council on Affordable Housing established under the Fair Share Housing Act and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in the State.
Shall mean an unoccupied space on a lot other than a yard. An outer court is one that extends to a street line or to a front or rear yard. An inner court is any other court.
Shall mean the percentage of the lot covered by the principal and accessory building area.
Shall mean the mean level of the existing or proposed curb or in the absence of a curb, of the lot at the street line.
Shall mean a horizontal surface which forms a roof or platform supported on columns or walls.
Shall mean a horizontal surface extending or cantilevered from the main body of the dwelling, which may be supported on columns or footings, enclosed by an open railing extending around its perimeter.
In the following list each district shall be deemed to be more restricted than the districts the symbols for which follow it: R-A, R-B, R-B1, B-1, B-2, B-3, B-4, I. Individual uses shall be deemed to be more restricted or less restricted in accordance with their classification in the foregoing list of districts.
Shall mean an area leading from a public or private thoroughfare into any property used especially by automobiles and surfaced with macadam, concrete or crushed stone.
Shall mean a building containing a dwelling unit. The term "dwelling" or "one-family dwelling" shall not be deemed to include hotel or other accommodations used for more or less transient occupancy.
Shall mean a building or portion thereof having cooking and plumbing facilities for one family.
Shall mean a one-family dwelling which is completely surrounded by open space which constitutes yard standards as required by this chapter.
Shall mean a statement which shall provide information needed to evaluate the effects of a proposed project upon the environment of the Borough and the surrounding area and which shall include the following:
An inventory of existing environmental conditions at the project site and in the surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, zoning, aesthetics, history and archaeology.
A project description which shall specify what is to be done and how it is to be done, during construction and operation.
A listing of all licenses, permits or other approvals as required by law and the status of each.
An assessment of the probable impact of the project upon all topics described in paragraph a hereinabove.
A listing of adverse environmental impacts which cannot be avoided.
Steps to be taken to minimize adverse environmental impacts during the construction and operation, both at the project site and the surrounding region.
Alternatives to all or any part of the project with reasons for their acceptability or unacceptability.
A reference list of all pertinent published information relating to the project, the project site, and the surrounding region.
Shall mean the Federal Aviation Administration.
Shall mean the unrestricted price of a low or moderate income housing unit if sold at the current real estate market rate.
Shall mean that plan or proposal, which is in a form that may readily be converted into an ordinance, by which the Borough proposes to satisfy its obligation to create a realistic opportunity to meet its fair share of low and moderate income housing needs of its region and which details the affirmative measures the Borough proposes to undertake to achieve its fair share of low and moderate income housing, addresses the development regulations necessary to implement the housing element, and addresses the requirements of N.J.A.C. 5:93-7 through 11.
Shall mean one or more persons related by blood, adoption or marriage exclusive of household servants. A number of persons but not exceeding two living and cooking together as a single housekeeping unit although not related by blood, adoption or marriage shall also be deemed to constitute a family for purposes of this chapter. A family shall also include foster children placed with a family by the New Jersey Department of Institutions and Agencies, Division of Youth and Family Services or a duly incorporated child care agency and children placed pursuant to law in single family dwellings known as group homes.
Shall mean the Federal Communications Commission.
Shall mean an artificially constructed barrier made of wood, masonry, stone, wrought iron or wire.
Shall mean the entire floor area of each floor measured to the interior perimeter of the exterior walls of the building.
Shall mean a one-story accessory building or part of a main building used only for the storage of motor vehicles as an accessory use.
Shall mean a garage in which no business, commercial service or industry connected with motor vehicles is carried on.
Shall mean any establishment supplying and selling gasoline or other motor fuel or oil directly to motor vehicles from a pump located outside a building and on private property, and wherein the building establishment shall be permitted the sale of accessories; and also repair and service of passenger vehicles, within a part of the building limited in area to a space not exceeding that required to house three passenger vehicles, but not including auto body work, welding, spray painting or car washing, except where the car washing is incidental to the general servicing of the vehicles.
New grades may exceed up to 18 inches from the original grade of the subject lot for the purpose of height calculations if permitted by the Borough Engineer.
Shall mean space located on parking level (grade level) with offices above and shall be limited to stairwells and/or elevator. Reception area or areas which require occupancy by personnel are prohibited. Ground floor lobby area shall be excluded from gross area for parking requirements.
Shall mean, when referring to a tower, the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna. The height of the antenna shall not include any lightning rod mounted at the top of the tower.
Shall mean a development containing low and moderate income units. This term includes, but is not necessarily limited to, new construction, the conversion of a nonresidential structure to a residential structure and the creation of new low and moderate income units through the substantial rehabilitation of a vacant residential structure.
Shall mean any off-street space not less than 12 feet wide and 30 feet long or longer, surfaced to be available in all weather, suitable for the loading or unloading of goods and having direct access to a street or alley.
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit; and occupied by one building and accessory building incidental to it.
Shall mean that portion of a lot covered by the largest floor area of all structures, both principal and accessory.
Shall mean the mean distance between its mean front lot line and its mean rear lot line.
Shall mean the line of demarcation between public and private properties or adjoining private properties.
Shall mean the mean width of a lot measured at right angles to its mean depth.
Shall mean a lot at the junction of and abutting on two or more intersecting streets when the interior angle of intersection does not exceed 135°.
Shall mean the narrower side of the lot abutting a street, regardless of the location of the principal entrance of a building thereof. Where two lot lines abutting streets are of equal width, the owner shall have a choice in designating which shall be the lot frontage.
Shall mean a lot other than a corner lot.
Shall mean an area not within a building where passenger vehicles may be stored for the purpose of short-term, daily, or overnight off-street parking.
Shall mean housing affordable according to the Federal Department of Housing and Urban Development or the standards included in this chapter for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income level 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 which is subject to affordability controls promulgated by COAH.
Shall mean housing within an inclusionary development, not restricted to low and moderate income households, that may sell at any price determined by a willing seller and a willing buyer.
Shall mean any structure, combination of materials or form of apparatus which is designed and used for the purpose of sending, transmitting, receiving or relaying low-power mobile radio waves for commercial communications systems or other similar technologies. Satellite antenna shall not include conventional television antenna.
Shall mean a free standing structure of any type which is designed, intended or constructed for the installation of or on which is fixed a mobile cellular communications antenna or antennas.
Shall mean housing affordable according to the Federal Department of Housing and Urban Development or the standards in this chapter for home ownership and rental costs, occupied or reserved for occupancy by households with a gross household income in excess of 50% but less than 80% of the median gross income for households of the same size within the housing region in which the housing is located, and which is subject to the affordability controls promulgated by COAH.
Shall mean a structure, the size, dimension or location of which was lawful prior to the adoption, revision, or amendment of the 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.
Shall mean a use or activity which was lawful prior to the adoption, revision or amendment of the 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.
Shall mean that part of a building wherein the clerical and administrative functions of a business are conducted; or where professional services are provided to clients or patients; such as offices of physicians, dentists, lawyers, engineers, architects, accountants, professional planners and insurance agents.
Shall mean any open unoccupied space used or required for use for parking of private automobiles or other private vehicles exclusively and in which no gasoline or automobile accessories are sold and no other business is conducted.
Shall mean an off-street space (a) available for the parking of one motor vehicle, (b) being at least nine feet wide and 19 feet in length, exclusive of passageways and driveways appurtenant thereto, and (c) having direct usable access to a street or alley. All parking spaces, whether open or enclosed shall be paved in accordance with the Borough Engineer's specifications.
Shall mean a criterion established to control noise, air or water pollution, vibration, fire or explosion hazards, glare, heat or other condition harmful to the health, safety and comfort of humans, animals and plants which conditions are generated by or inherent in uses of land or buildings.
Shall mean a meeting hall, club house, auditorium, church, synagogue, or other structure or portion of a structure, accommodating 10 or more persons and used at regular or periodic intervals as a gathering place for purposes of conference, deliberation, worship, entertainment, amusement, recreation or education, or performance of social, athletic or cultural programs.
Shall mean any tower or antenna for which a building permit has been properly issued prior to the effective date of this ordinance,[1] including permitted towers that have not yet been constructed so long as such approval is current and not expired.
Shall mean the municipal obligation as calculated pursuant to N.J.A.C. 5:5:93-4.2(e).
Shall mean a separate building designated for, or occupied by, exclusively a one-family unit. A separate entrance, a separate kitchen and a separate bathroom shall be prima facie proof that it is the intention of the owner to create a multi-family dwelling and the same shall be prohibited in a single family residential district.
Shall mean an establishment serving food and/or beverages for consumption within the building in which the food is prepared.
Shall mean an establishment where orders are primarily taken and food is dispensed to the public at a take-out counter or drive-in window, whether for on-premises or off-premises consumption (excluding luncheonette, diner, tavern counter or bar service).
Shall mean a school limited to special instruction such as a business, art, music, trades, handicraft, dancing or riding.
Shall mean an elementary or intermediate school giving regular instruction capable of meeting the requirements of State compulsory education laws and approved as such and operating at least five days a week for a normal school year and supported by other than public funds.
Shall mean for purposes of an RCA, a Borough which transfers a portion of its fair share obligation to another willing municipality.
Shall mean areas used for corridors, washrooms, stairwells, elevators, electrical rooms and mechanical rooms.
Shall mean a business employing less than six employees and occupying less than 2,000 square feet of floor area conducted to render a personal service including shoe repair shops, dry cleaning shops, laundries or conducted to render a household service including the repair of watches, clocks, locks, furniture, radios, television sets and other household appliances, but not including the repair of furnaces and boilers, refrigerators, air conditioners and other articles of similar bulk and weight.
Shall mean the percentage of housing units devoted to low and moderate income households within an inclusionary development.
Shall mean the distance between the street right-of-way line and the front line of a building, or any projection thereof, excluding uncovered steps.
Shall mean a development plan of one or more lots on which is shown (a) the existing and proposed conditions of the lot including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (b) the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices, and (c) any other information that may be reasonably required in order to make an informed determination pursuant to this chapter requiring review and approval of site plans by the Planning Board or Board of Adjustment.
Shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it. When applying to the permissible height of a building, the term "story" shall not include a basement as defined in this section. In a structure having floors that do not extend across the entire length and width of the structure at one height, commonly known as split-level design, the number of stories shall be determined by counting the number of floors directly over each other at that side or end of the building having the greater number of floors or levels. For office buildings, ground level parking below an office floor shall not constitute a story. The overall building height limit in feet shall apply also.
Shall mean that portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than five feet.
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way (1) which is an existing State, County or municipal roadway, or (2) which is shown upon a plat heretofore approved pursuant to law, or (3) which is approved by official action as provided for by law, or (4) 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 to grant to such board 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.
Shall mean any change in or addition to the supporting members of a structure.
Shall mean 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 except:
Any area adjacent to a dwelling improved by pavement or other construction material to be used for outdoor dining or other recreational purposes commonly known as a "patio" provided that the surface of said improved area shall not be more than six inches above the ground level and that said improved area shall be without walls or railings of any kind and without a roof, canopy or other, similar permanently fixed coverages; and
Any permanently surfaced walkway or driveway installed at ground level shall not be deemed to be a "structure" within the meaning of the term as used in this chapter.
Shall mean an occupant of the building renting internal space and not renting any portion of the building for the sole purpose of erecting or affixing an antenna or tower upon the building.[2]
Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antenna 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 the like. The term includes the structure and any support thereto.
Shall mean the specific purpose for which land or a building is designed, arranged, intended, occupied or maintained. The term "permitted use" or its equivalent shall be deemed to include any nonconforming use.
Shall mean a use which is customarily incidental and subordinate to the principal use of a lot or a building and located on the same lot therewith.
Shall mean the specific purpose for which land or building is designed, arranged, intended, or for which it is or may be occupied or maintained.
Shall mean an open space of uniform width or depth on the same lot with a building, which open space lies between the building and the nearest lot line and is unoccupied and unobstructed from the ground upward except for certain features specified in Section 30-6.
Shall mean a yard extending across the full width of the lot and lying between the front line of the lot and the nearest point of the building.
Shall mean a yard extending across the full width of the lot and lying between the rear line of the lot and the nearest point of the building.
Shall mean a yard between the side line of the lot and the nearest point of the building or structure and extending from the front yard to the rear yard, or, in the absence of either of such yards, to the front or rear lot line, as may be.
Note: Any structure (retaining walls excluded) below grade shall conform to the side yard, rear yard and front yard requirements. |