Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings as herein defined. Any words not defined in this chapter shall have the meaning as defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Any words not defined in either this chapter or the Municipal Land Use Law shall have the meaning as set forth in "The Complete Illustrated Book of Development Definitions, Fourth Edition" by Harvey S. Moscowitz, Carl G. Lindbloom, David Listokin, Richard Preiss and and Dwight H. Merriam (published by Transaction Publishers, a Center for Urban Policy Research Book, 2015, as updated from time to time). The words set forth herein shall be defined as follows:
ABANDONMENTThe relinquishment of property, or a cessation of the use of property for more than 12 months, by the owner, with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property.
ACCESSORY BUILDINGA subordinate structure on the same lot as the principal or main building or use occupied or devoted to an accessory use (See "use, accessory").
ACCESSORY DWELLINGA dwelling unit attached to or within a single-family principal dwelling or located on the same lot as such principal dwelling, but in any case having independent means of access and independent cooking, bathing, dining, and living facilities from the principal dwelling.
ACCESSORY STRUCTUREA structure, the use of which is incidental and subordinate to that of the main building, that is located on the same lot as the main building.
ADDITIONAn extension or increase in floor area or height of a building or structure.
ADMINISTRATIVE OFFICERThe Zoning Officer of the City of Hackensack unless a different official or officials are designated by ordinance.
ADULT DAY-CARE CENTERA community based program designed to meet the needs of functionally or cognitively impaired adults over the age of 21 through an individual plan of care structured to provide a variety of health, social and related support services in a protective setting during any part of a day but less than 24 hours.
ALTERATIONAs applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending a side or by increasing the height; or the moving from one location or position to another.
AMUSEMENT GAME MACHINEA machine or device typically, but not necessarily, activated by payment, whether mechanical, electrical, or electronic, that is ready for play and operated by the public for use as a game, entertainment, or amusement.
AMUSEMENT MACHINE COMPLEXA group of more than five amusement games or amusement machines in the same place, location or premises constituting a principal use.
AMUSEMENT MACHINE, OTHERAny automatic or mechanical machine or device or entertainment or music vending machine, except an amusement game machine, which is or are operated or set in motion by the form of payment including physical tokens, digital credits, cash and coins, or electronic payment.
ANIMAL BOARDINGAny establishment, building, structure or premises in which pet animals are temporarily boarded for pay, barter, commission, or other remuneration. Other services may be provided for animals boarded at these facilities, including training, grooming, feeding, and the like but excluding veterinary services.
ANIMAL HOSPITALA place where animals or pets are given medical or surgical treatment. Boarding shall be limited to animals hospitalized for medical or surgical treatment.
ANTENNAAny exterior transmitting or receiving device mounted on a tower, building or structure and use in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals) wireless telecommunication signals or other communication signals.
APARTMENTOne or more rooms with private sleeping space as well as bath and kitchen facilities constituting an independent, self-contained dwelling unit in a building containing three or more dwelling units, and which is occupied by one household or family for a minimum of three consecutive months in any twelve-month period.
APARTMENT HOUSEAny house or building which is rented, leased, let or hired out to be occupied or is occupied as the home or residence of three or more households living in separate apartments.
APPLICANTA developer submitting an application for development.
APPLICATION FOR DEVELOPMENTThe application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.
AREA, BUILDINGThe area contained within surrounding exterior walls (or exterior walls and fire walls), exclusive of vent shafts and courts. Areas of the building not contained within surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.
ART GALLERYA room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public.
ASSEMBLAGEThe merger of separate properties into a single tract of land. See also "lot consolidation" and "reverse subdivision."
ASSEMBLYA use, building, or a portion of a building used for gathering for such purposes as deliberation, worship, auditorium, church, or chapel, dance floor, lodge rooms, conference rooms, dining rooms, drinking establishments, exhibit rooms, lounges, community centers, clubs, social halls, meeting halls, fraternal organizations, social recreation buildings affiliated with a national or international organization and similar uses.
ASSISTED LIVINGA facility licensed by the New Jersey Department of Health and Senior Services 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 and that offers units containing, at a minimum, one unfurnished room, a private bedroom, a kitchenette and a lockable door on the unit entrance.
ATTICThe space between the ceiling beams of the top story and the roof rafters.
AUTOMOBILE PARTS RETAILERSEstablishments devoted to the sale and/or installation of automotive supplies, including tires, brakes, shock absorbers, mufflers, seat covers and radios.
AUTOMOBILE SALESThe use of any building, land area or other premises for the display and sale of new automobiles, panel trucks or vans, trailers, or recreation vehicles and including minor mechanical repair service conducted as an accessory use and the scale of used cars which have been traded in. The sale of used cars shall function as an accessory use to the principal use of selling new automobiles and vehicles.
AUTOMOBILE SERVICE STATION OR GASOLINE STATIONA 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 minor repair service is rendered and to establishments providing "quick oil changes." May include a convenience store as an accessory use.
AWNINGA roof-like cover that is comprised of fabric or similar removable/replaceable material and projects from any part of a building for the purpose of shielding a doorway or window from the elements and is so erected as to permit it being raised to a position flat against the building when not in use.
BAKERYAn establishment primarily engaged in the retail sale of baked food products for consumption on or off site. The products may be prepared either on or off site, but are served directly to consumers on the premises or by way of delivery service.
BANNERAny temporary sign applied to paper, plastic or fabric of any kind which shall be permitted by the Mayor and Council by permit, above a public right-of-way.
BARA business establishment, section of a restaurant establishment, or a temporary or permanent facility within an assembly or hotel establishment, at which alcoholic beverages are served for on-site consumption.
BARBER SHOPAny establishment or place of business within which the practice of barbering is engaged in or carried on by one or more licensed barbers.
BASE FLOOD ELEVATIONThe highest elevation, expressed in feet above sea level, of the level of floodwaters occurring in the regulatory base flood.
BASEMENTA story partly above grade level, having more than 1/2 its floor-to-ceiling height above the average level of the adjoining ground. No basement or portion thereof shall be used as a dwelling unit, commercial workplace or habitable area. It may be counted as a story in determining the height of a building. See definition of "story."
BASIN, DETENTIONAn impoundment area made by constructing an embankment or excavating a pit or both, for the purpose of temporarily storing stormwater.
BASIN, RETENTIONA facility that provides permanent storage of excessive surface runoff, such as a pond, pool or basin.
BEAUTY SERVICESCommercial services primarily concerned with the temporarily improving the physical appearance of persons or pets through nonsurgical or medical means. Such businesses include, but are not limited to, nail salons, hair salons, barber shops, spas, pet grooming, tattoo parlors, piercing shops, wig shops, and the like. They do not include massage establishments, health clubs, or gyms. These uses may also include accessory retail sales of products related to the services provided, such as specialty hair care products, treatments or ointments for piercing or tattoo areas, and the like.
BEDROOMA private room planned and intended for sleeping, separable from other rooms by a door.
BOARDERAn individual other than a member of the family or household occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration. A boarder shall have full access to the dwelling unit and its cooking, bathing, and living facilities, including those used by the primary family or household occupants. An individual occupying a space meeting the definition of an "accessory dwelling" shall not be considered a boarder for enforcement and compliance purposes.
BOARDINGHOUSEAny dwelling or part of any dwelling which has space that is let by the owner or operator to more than three persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator, for a fee, and where services such as personal and financial assistance may be provided. This shall not include group homes, special needs facilities or other facilities in which special care is provided for persons with special needs.
BREW PUB or MICROBREWERYA restaurant that serves beers or fermented malt beverages that are brewed on-site (as an accessory use) intended for consumption on the premises.
BREWERYAn industrial use that brews ales, beers, meads, and/or similar beverages on site. Breweries are classified as a use that manufactures more than stores and/or small breweries operated in conjunction with a bar or restaurant defined herein as an accessory use.
BRIDGEA structure having a clear span of more than 20 feet designed to convey vehicles and/or pedestrians over a watercourse, railroad, public or private right-of-way, or any depression.
BROOKA small stream or creek.
BUFFER ZONELand area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances elements and to insure privacy.
BUILDABLE AREAThe area of a lot remaining available for improvement after subtracting out the minimum required yards, open space, and other limiting conditions established in the Zoning Ordinance or dictated by federal or state regulations.
BUILDINGA combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.
BUILDING HEIGHTThe vertical distance of a building measured from the average elevation of the finished grade measured six feet from the foundation of the structure to the highest roof beams of a flat roof or the mean level of the highest gable or slope of a hip roof.
BUILDING LINEAn imaginary line running between two lot lines, tangentially and parallel to an outer wall of a building. For example, a "rear building line" is an imaginary line, extending from one side lot line to another (or, on a corner lot, from the secondary front lot line to the side lot line or between two secondary front lot lines) parallel to and touching the rear wall of a building.
BUILDING SERVICE EQUIPMENTThe mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories, which provides sanitation, lighting, heating, ventilation, firefighting and transportation facilities essential for the habitable occupancy of the building or structure for its designated use and occupancy.
BUILDING, EXISTINGAny building erected prior to the later of the adoption of the appropriate code or an application to alter or remove such building, or one for which a legal building permit has been issued.
BUILDING, PRINCIPALA building in which is conducted the principal use of the lot on which it is located.
BUS TERMINAL OR STATIONAny premises for the storage or parking of motor-driven buses and the loading and unloading of passengers. May include ticket-purchase facilities, toilets, restaurants, and stores, which, for the purpose of this chapter and enforcement thereof, shall be considered accessory uses.
BUSINESS SERVICESEstablishments primarily engaged in rendering services to business establishments on a fee or contract basis, specifically advertising and mailing; building maintenance; employment service; management and consulting services; protective services; commercial research; development and testing; photo finishing; copying and reproduction services and personal supply services.
CAMPUSThe grounds and building of a public or private college, university, hospital or school.
CANNABISAll parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16, for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters
35, 35A, and
36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
CANNABIS CULTIVATORAny licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis cultivators, or usable cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
CANNABIS DELIVERY SERVICEAny licensed person or entity that provides courier services for consumer purchases of cannabis items and related supplies fulfilled by a cannabis retailer in order to make deliveries of the cannabis items and related supplies to that consumer, and which services include the ability of a consumer to purchase the cannabis items directly through the cannabis delivery service, which after presenting the purchase order to the cannabis retailer for fulfillment, is delivered to that consumer.
CANNABIS DISTRIBUTORAny licensed person or entity that transports cannabis in bulk intrastate from one licensed cannabis cultivator to another licensed cannabis cultivator, or transports cannabis items in bulk intrastate from any one class of licensed cannabis establishment to another class of licensed cannabis establishment, and may engage in the temporary storage of cannabis or cannabis items as necessary to carry out transportation activities.
CANNABIS ESTABLISHMENTA cannabis cultivator, a cannabis manufacturer, a cannabis wholesaler, or a cannabis retailer.
CANNABIS GROWERAny licensed person or entity that grows, cultivates, or produces cannabis in this state, and sells, and may transport, this cannabis to other cannabis growers, cannabis processors, cannabis wholesalers, or cannabis retailers, but not to consumers. This person or entity shall hold a Class 1 Cannabis Grower license. A cannabis grower may also be referred to as a "cannabis cultivation facility."
CANNABIS ITEMAny usable cannabis, cannabis product, cannabis extract, and any other cannabis resin. "Cannabis item" does not include: any form of medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
CANNABIS LEAFThe leaf of the plant Cannabis sativa L. within the plant family Cannabaceae.
CANNABIS MANUFACTURERAny licensed person or entity that processes cannabis items in this state by purchasing or otherwise obtaining usable cannabis, manufacturing, preparing, and packaging cannabis items, and selling, and optionally transporting, these items to other cannabis manufacturers, cannabis wholesalers, or cannabis retailers, but not to consumers.
CANNABIS MANUFACTURINGThe drying, processing, compounding, or conversion of usable cannabis into cannabis products or cannabis resins. "Manufacture" with respect to cannabis does not include packaging or labeling.
CANNABIS PARAPHERNALIAAny equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter
35 or
36 of Title 2C of the New Jersey Statutes.
CANNABIS PRODUCTA product containing usable cannabis, cannabis extract, or any other cannabis resin and other ingredients intended for human consumption or use, including a product intended to be applied to the skin or hair, edible cannabis products, ointments, and tinctures. "Cannabis product" does not include: (1) usable cannabis by itself; or (2) cannabis extract by itself; or (3) any other cannabis resin by itself.
CANNABIS RETAILERAny licensed person or entity that purchases or otherwise obtains usable cannabis from cannabis cultivators and cannabis items from cannabis manufacturers or cannabis wholesalers, and sells these to consumers from a retail store, and may use a cannabis delivery service or a certified cannabis handler for the off-premises delivery of cannabis items and related supplies to consumers. A cannabis retailer shall also accept consumer purchases to be fulfilled from its retail store that are presented by a cannabis delivery service which will be delivered by the cannabis delivery service to that consumer.
CANNABIS WHOLESALERAny licensed person or entity that purchases or otherwise obtains, stores, sells or otherwise transfers, and may transport cannabis items for the purpose of resale or other transfer to either another cannabis wholesaler or to a cannabis retailer, but not to consumers.
CANNABIS, USABLEThe dried leaves and flowers of the female plant Cannabis sativa L., and does not include the seedlings, seeds, stems, stalks, or roots of the plant.
CANOPYAny structure, supported or unsupported, other than an awning, made of cloth or metal with metal frames attached to a building or structure and carried by a frame supported by the ground or sidewalk.
CARPORTA roofed structure providing space for the parking of motor vehicles and enclosed on not more than three sides.
CELLARA story partly above grade level, having more than 1/2 its floor-to-ceiling height below the average level of the adjoining ground. No "cellar" or portion thereof shall be used as a dwelling unit, commercial workplace or habitable area. It shall not be counted as a story in determining the height of a building.
CERTIFICATE OF OCCUPANCY (CO)The certificate issued by the code official which permits the use of a building or for land in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulation or conditions of the building permit.
CHIMNEYA primary vertical enclosure containing one or more passageways.
CHURCH or PLACE OF WORSHIPA building or structure, or group of buildings or structures, which by design and construction are intended for the conducting of organized religious services and accessory uses associated therewith. Except where otherwise stated in this chapter, "Places of worship" shall include rectory and parish houses or other dwellings for a clergy person, except where otherwise stated, but shall not include missions, district offices or regional headquarters of a religious group.
CLUBA group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.
COMMERCIAL MOTOR VEHICLEA licensed motor vehicle manufactured as a truck, bus, taxi, tractor or trailer, other than a recreational vehicle, which meets any of the following criteria:
A. The vehicle is licensed for commercial purposes.
B. The vehicle contains a sign, advertisement or other graphics indicating that its use is for commercial purposes.
C. The vehicle has a gross weight in excess of 3/4 ton.
D. A van-type vehicle not having windows of at least two square feet in area in both rear side panels. A pickup-type truck with a cap not having windows of at least two square feet in area in both sides of such cap. (A pickup-type truck with a cap having windows of at least two square feet in area in both sides of the cap shall not be deemed a commercial motor vehicle, provided that it complies with Subsections
A,
B and
C above. A pickup-type truck with a cap not having windows of at least two square feet in area in both sides of such cap as well as a pickup-type truck with a cap camper shall be deemed a recreational vehicle as defined in §§
175-2.2,
175-13.1 and shall be subject to the provisions of §
175-13.1 when located in a residential district.)
E. A pickup truck without a cap.
COMMUNITY ASSOCIATIONA homeowners' association or organization designed to own, maintain, and operate common facilities and to enhance and protect their common interests.
COMMUNITY CENTERA building used for recreational, social, educational and cultural activities, usually owned and operated by a public or nonprofit group or agency.
COMMUNITY DROP-IN SERVICES/FACILITIESA social service typically associated with a religious, charitable, or eleemosynary organization which provides meals and services to homeless persons, mentally ill persons, transient teenagers, endangered persons, or other needy persons on an as-needed or "drop-in" basis.
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIESA community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter, and personal guidance under such supervision as required assistance, temporary or presently in order to live in the community and shall include but not be limited to halfway houses, group homes, supervised apartment living arrangements and hotels. Such a residence shall not be considered a "health care facility" within the meaning of the Health Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-26 et seq.).
COMMUNITY RESIDENCE FOR THE TERMINALLY ILLAny community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services under such supervision as required to not more than 15 terminally ill persons.
COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLEDAny community residential facility licensed pursuant to P.L. 1977, c. 448 (N.J.S.A. 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, halfway houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a "health care facility" within the meaning of the Health Care Facilities Planning Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-26 et seq.). In the case of such a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and hospitals of the Department of Human Services. As used herein, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2. of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal change.
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCEAny shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
COMPACT CARAny motor vehicle that does not exceed 15 feet in length, bumper to bumper, and five feet nine inches in width.
COMPLETE APPLICATIONAn application form completed as specified by ordinance and the rules and regulations of the Planning Board or Zoning Board of Adjustment, and all accompanying documents required by Ordinance for approval of the application for development including, where applicable, but not limited to, a site plan or subdivision plat; provided, that the Planning Board or the Zoning Board of Adjustment may require such additional information not specified by ordinance or any information not specified by ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board or Zoning Board of Adjustment, unless the same are listed on the checklist of required items provided to the applicant upon the making of the application. An application shall be certified as complete immediately upon the meeting of all requirements established by ordinance and the rules and regulations of the Planning Board or the Zoning Board of Adjustment and shall be deemed complete as of the date it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Approving Authority.
CONDOMINIUMThe form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.
CONDOMINIUM ASSOCIATIONThe entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.
CONSTRUCTION MATERIAL SALES AND SERVICESEstablishments or places of business primarily engaged in retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures, but specifically excluding automobile or equipment supplies otherwise classified herein. Typical uses include building material stores and home supply establishments.
CONTRACTING BUSINESS, GENERALA contractor engaged in the construction or modification of buildings and structures, whose business facilities include offices, enclosed storage, shop areas, and outdoor storage except where specifically prohibited and generally in conformance with outdoor storage regulations in this chapter.
CONTRACTING BUSINESS, HOME IMPROVEMENTContractors who undertake trades of a type that are specialized to assist in home improvement and remodeling. This definition includes but is not limited to heating, air conditioning, painting, plumbing, electrical, carpenter, roofing, and similar trades. Does not include outdoor storage.
CONVENIENCE STOREA retail establishment having a gross floor area of less than 4,000 square feet and which sells a limited line of groceries, household items, tobacco and alcohol products, periodicals, over-the-counter medicines, and the like. Convenience stores may be found as standalone operations, but are often operated as accessory uses to gasoline stations or within hotels, office complexes, and other uses.
COURTAn open, uncovered and unoccupied space on the same lot as a building where such space is enclosed wholly or partly by buildings, walls or other enclosing devices.
COVERAGE, BUILDINGThe percentage of the horizontal area, measured from the exterior surface of the exterior walls of the ground floor, of all principal and accessory buildings on a lot to the total lot area, but not including other areas of impervious surfaces such as walkways, driveways, patios and open parking lots. See the table entitled "Building Coverage vs. Impervious Coverage."
Building Coverage vs. Impervious Coverage |
|---|
Building Coverage | Impervious Coverage |
|---|
Buildings (e.g., houses, garages, sheds, etc.), excluding eaves projecting less than two feet from the building wall | All surfaces considered building coverage |
Porches, decks, terraces, patios, balconies, and the like attached to buildings and higher than six inches above grade at two or more corners | Driveways (except that concrete tire channels narrower than two feet shall not count toward coverage) |
| Walkways |
Steps from building entrances or attached porches, decks, terraces, patios, balconies, and the like | Pavers (80% impervious) |
| Permeable pavement (50% impervious) |
| Decks, terraces, and patios less than six inches above grade at two or more corners |
Permanent projections and overhangs projecting more than two feet from the building wall including canopies, permanent awnings, carport shelters, and the like | Swimming pools (in-ground or above-ground) |
| Walls (i.e., retaining walls) wider than 18 inches |
| Gravel, except that crushed stone or base gravels consisting of stones at least one to two inches in diameter shall be only 50% impervious |
| Any other man-made improvement, including retention, detention and water quality basins |
COVERAGE, IMPERVIOUSThe percentage of lot area which is improved with principal and accessory buildings, structures and uses, including all impervious surface areas such as buildings, driveways, parking lots and garages and other man-made improvements, including retention, detention and water quality basins. For the purpose of calculations, pavers areas shall be considered 80% impervious cover. Permeable pavement shall be considered 50% impervious cover, provided they are maintained to ensure that pores are clear of obstructive debris. See the table entitled "Building Coverage vs. Impervious Coverage."
CURB STRIPA strip of grass and/or other plantings within a street right-of-way, generally between the curb of a cartway and a sidewalk.
DECIBELA unit of sound pressure level.
DECIDUOUSPlants that drop their leaves before becoming dormant in winter.
DENSITYA measure of the number of residential dwelling units allowed or existing over an area of land which may be expressed in this chapter as one of the following:
A. The permitted number of dwelling units per gross area of land to be developed; or
B. The required gross land area per dwelling unit permitted on a lot to be developed.
DENSITY, GROSSThe total number of dwelling units on the tract divided by the total area of the tract, including environmentally sensitive or restricted areas. The result is expressed as dwelling units per acre (du/ac).
DENSITY, NETThe total number of dwelling units within a designated residential land use parcel divided by the total land area of the designated residential land use parcel less major recreational facilities, streets, aboveground retention, detention, and water quality basins, and public facilities within the parcel. The result is expressed as dwelling units per acre (du/ac).
DEVELOPERThe legal or beneficial owner or owners of a lot or of any land to be included in a proposed development, including the holder of an option or contract to purchase or other person having an enforceable proprietary interest in such land.
DEVELOPMENTOne of the following:
A. The division of a parcel of land into two or more parcels;
B. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; or
C. Any use or change in the use of any building or other structure or land or extension of use of land, for which permission may be required.
DEVELOPMENTALLY DISABLEDExperiencing a disability which originates before 18 years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap and which is attributable to mental retardation, cerebral palsy, epilepsy, autism or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.
DISTILLERYA licensed business establishment that produces distilled alcohol and spirits or similar beverages from the processes of crushing and fermenting fruits, and aging, storing, and bottling the resulting product, and subject to the restrictions and regulations of the State of New Jersey.
DISTRICT or ZONEAny portion of the territory of the City of Hackensack within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DISTRICT, NONRESIDENTIALAny zone district which does not fit the definition of a residential zone, and where permitted principal uses include nonresidential uses such as commercial, office, or manufacturing. Nonresidential zone districts may still permit residential uses.
DISTRICT, RESIDENTIALAny zone district where the only principal permitted uses are single-family, two-family, or multifamily dwellings, and where nonresidential uses are only permitted with conditions.
DORMITORYA building other than an apartment, hotel or motel containing units or rooms for the housing of nontransient persons attending or employed by a college or university.
DRAINAGEThe removal of surface water or groundwater from land by drains, grading or other means including control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen nonpoint pollution, to maintain the integrity of stream channels for their biological functions as well as drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.
DRIVEWAYA private roadway within a property used for internal circulation or parking purposes.
DRUG STOREA store where the primary business is the filling of medical prescriptions, providing medical devices and supplies, and nonprescription medicines and where nonmedical products are sold as well.
DRY CLEANINGCleaning textiles, fabrics, garments or other articles by the use of solvents other than water, extracting the solvents therefrom and drying the same.
DWELLINGAny permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons. Dwellings and dwelling units (see definition) shall not include hotel rooms or other short-term living spaces that are rented for occupancy for periods of one month or less.
DWELLING UNITOne or more rooms, occupied or intended for occupancy as separate living quarters by one family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof. Occupancy by more than one family or household within a single dwelling unit shall constitute a violation of this chapter. Dwellings (see definition) and dwelling units shall not include hotel rooms or other short-term living spaces that are rented for occupancy for periods of one month or less.
DWELLING, ATTACHEDA one-family dwelling attached to one or more one-family dwellings by common vertical walls.
DWELLING, EFFICIENCYA dwelling unit within a multifamily building consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
DWELLING, MULTIFAMILYA principal structure or building occupied or intended for occupancy as separate living quarters for more than two families or households, and provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit. For the purposes of this chapter, this term shall not include the stacked flat (two-over-two) dwellings, townhouses, or any other complexes, rows, or blocks of single-family attached dwellings as defined herein.
DWELLING, ONE-FAMILY OR SINGLE-FAMILYA building occupied or intended for occupancy exclusively by one family or one household, and provided with cooking, sleeping and sanitary facilities for the use of the occupants of the unit. Also referred to as a "single-family dwelling."
DWELLING, STACKED FLAT OR TWO-OVER-TWOAttached housing type in which two units are stacked vertically, with each unit occupying one or more full or partial floors and where each unit has its own entry.
DWELLING, TWO-FAMILYA building occupied or intended for occupancy as separate living quarters for no more than two families or two households, and provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to and through the roof or by horizontal floors: also referred to as a "duplex dwelling."
EATING AND DRINKING ESTABLISHMENTSIncludes restaurants, bakeries, delicatessens, bars, cafes, coffee houses, and any other business establishments where the primary business is the sale of alcohol for consumption on site (except for clubs or other drinking establishments with dance floors), or the sale of freshly made food for consumption either on-site or off site (except for convenience stores, corner stores, or bodegas where more than 40% of the customer-accessible floor area is used for display and storage of prepackaged goods and/or non-food items). Does not include drive-through establishments.
EAVEThe projecting lower edges of a roof overhanging the wall of a building.
ENCROACHMENTThe unauthorized placement, erection, projection, obstruction, or displacement of a structure, surface, object, or person into a property, right-of-way, easement, floodway, wetland, yard or setback area.
ENLARGEMENTAn increase in the size of an existing structure.
ENVIRONMENTThe sum of all external conditions and influences affecting the life, development and, ultimately, the survival of an organism.
ENVIRONMENTAL COMMISSIONThe City of Hackensack Environmental Commission created pursuant to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and gravity.
EXTENDED-CARE FACILITIESA long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. (See "long-term care facility" and "nursing home.")
FAAThe Federal Aviation Administration.
FAMILYA group of persons functioning as a single housekeeping unit and whose relationship is of a permanent, stable and domestic character as distinguished from nonfamilial institutional use, boarding homes, fraternities, sororities, clubs, associations, transient housing or other similar forms of housing. For the purpose of this chapter, a "family" shall include foster children placed with a family in such dwelling by the New Jersey State Board of Child Welfare or a duly incorporated child care agency.
FAMILY DAY-CARE CENTERA private establishment enrolling no more than five children between two years and six years of age and where tuition, fees, or other forms of compensation for the care of children is charged and which is licensed by the State of New Jersey and approved by the City of Hackensack to operate as a family day-care center. [See §
175-8.2C(9).]
FARMERS' MARKETAn occasional or periodic market held in an open area or in a structure where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages (but not to include secondhand goods) dispensed from booths located on-site. The premises may include parking lots, parks, public rights-of-way (as authorized by the necessary permits), and other open-air or sheltered locations that have other, unrelated year-round uses that are suspended when the market is operational. Farmers' markets shall not include supermarkets, nor may they operate year-round.
FARMING, ROOFTOP (ROOFTOP FARMING)A vertical farm operated on a building roof as a principal business roof separate from the other principal use(s) within the building, and carried out as a profit-making or nonprofit operation by persons with agricultural or agriculture-adjacent occupations. Does not include rooftop gardening facilities or activities that are operated or maintained by building residents/tenants as a voluntary or recreational activity.
FARMING, VERTICAL (VERTICAL FARMING)The practice of producing food or agricultural products on one or more floors of a building or structure within an urban area including on the roof a building that is otherwise used for nonagricultural purposes. Typically reliant upon hydroponic systems, artificial sunlight, and other technologies meant to compensate for the absence of natural resources such as natural sunlight and hydrology. Also referenced in this document as "hydroponic farming," "indoor farming," "cultivation," or "urban farming."
FCCThe Federal Communication Commission.
FENCEAn artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land, but not including walls.
FENCE, OPENA fence, including gates, constructed with openings between the solid materials used in its construction, such that less than 25% of the area of any section of fence is comprised of solid material. Examples include chain link without mesh screens.
FENCE, SOLIDA fence, including gates, constructed of solid material such that nothing can be seen through at least 50% of any section of fence.
FLOODThe temporary overflowing of water onto land which is usually devoid of surface water.
FLOOD-FRINGE AREAThat portion of the flood hazard area outside of the floodway based on the total area inundated during the 100-year flood (regulatory base flood) plus 25% of the regulatory base flood discharge.
FLOOD HAZARD AREAThat floodplain consisting of the floodway and the flood-fringe area.
FLOOD HAZARD DESIGN ELEVATIONThe highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood-fringe area.
FLOOD INSURANCE RATE MAP (FIRM)The Official Map on which the Federal Emergency Management Agency, its component offices, or its successor(s) has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.
FLOOD OF RECORDA flood which has occurred for which there are accurate local records available and that is used as the reference flood.
FLOODPLAINThe channel and the relatively flat area adjoining the channel of a natural stream or river, or other natural or man-made body of water which has been or may be covered by floodwater during a storm.
FLOODPROOFINGA combination of structural provisions, changes or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to properties, water and sanitary facilities and other utilities, structures and the contents of buildings.
FLOODWAYThe channel of a natural stream, brook or river and portions of the floodplain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream, brook or river.
FLOOR AREAThe sum of the gross horizontal areas of each floor in a building measured from the exterior face of exterior walls, or from the center line of a wall separating two buildings including exterior balconies and mezzanines, but not including interior parking spaces, or any space where the floor-to-ceiling height shall be less than seven feet six inches.
FLOOR AREA RATIOThe sum of the gross floor area of all of the floors of buildings or structures compared to the total area of the lot or tract on which the building(s) or structure(s) are located.
FLOOR AREA, GROSSThe floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.
FLOOR AREA, NETThe actual occupied area, not including accessory unoccupied areas or thickness of walls.
FRONTAGEThe side of a lot abutting on a street. See also "lot line, front" and "street line."
GARAGE, PRIVATEAn accessory building designed for storage of one or more motor vehicles in which no business, service or industry is conducted or rendered and which garage shall have solid exterior walls and roof, all openings being enclosed either with doors or windows, or both. Carports shall not be considered a private garage.
GARAGE, PUBLICAny structure or part thereof other than a private garage in which a business or service connected with motor vehicles is conducted or rendered, including storage, rental, repair, servicing, adjusting or equipping automobiles or other motor vehicles. The term "public garage" shall not be interpreted to permit the principal use of any lot as an auto laundry or used automobile sales lot, which uses are only permitted in conjunction with a duly authorized new car agency and located on the same lot therewith. The term "public garage" shall not apply to an automobile salesroom conducted exclusively for the exhibition of such vehicles. The term "motor vehicle" shall include passenger automobiles, station wagons, motor scooters, tractors, truck tractors or similar types of conveyances for persons or goods.
GLAREThe effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GRADEThe reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six feet from the building, between the building and a point six feet from the building.
GROSS LEASABLE AREAThe total floor area designed for tenant occupancy and exclusive use. The area of tenant occupancy is measured from the center lines of joint partitions to the outside of the tenant walls.
GROUND COVERGrasses or other plants grown to keep soil from being blown or washed away.
HABITABLE SPACE/AREASpace in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable spaces/areas. Storage space, cellars, garage areas or any area where the floor-to-ceiling height is less than seven feet six inches are also not considered habitable spaces/areas.
HEALTH CARE FACILITYA facility, institution, or medical center, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, public health center, diagnostic center, treatment center, physical therapy/rehabilitation, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary of prescribed medications or medical equipment, home health care agency, home for sheltered care, and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer, but excluding inpatient or outpatient rehabilitation centers for substance abuse, alcohol abuse, or behavioral or mental disorders.
[Amended 3-19-2024 by Ord. No. 13-2024]
HEALTH CLUBA facility where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building. Access may be limited to paying members or to the public. May include auxiliary facilities and services such as locker rooms, showers, massage services, saunas, and related accessory uses.
HEIGHT TO YARD RATIOA ratio representing the required yard depth in relation to the building height, expressed as height to yard, such that a ratio of 4:1 requires the yard depth to equal at least 1/4 of the building height.
HEREAFTERAfter the time this chapter becomes effective.
HEREINAFTERWithin this chapter and starting from the point at which this word is used.
HERETOFOREBefore the time this chapter becomes effective.
HOME OCCUPATIONA use consisting of the office of a practitioner of a recognized and NJ State-licensed profession and contained within, or storage on, the same property as a dwelling, that does not occupy more than 1/3 of the area of one floor or more than 1/3 of the area of the same property as the dwelling located thereupon, and that is carried on by the inhabitants of the dwelling and which is incidental to the use of the dwelling for dwelling purposes and the operation of which does not change the character of the dwelling.
Where a home occupation is legally established, there shall be no depository of goods or advertising on the premises, except for the resident-professional's nameplate, which may appear on the outside of the premises, and provided that the professional person resides at the location. A resident professional is restricted to no more than two assistants other than members of his family and provided further that no colleagues shall be allowed to practice within said structure. |
HOMELESS SHELTERA facility providing temporary housing to indigent, needy, or homeless persons.
HOMEOWNERS' ASSOCIATIONA community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.
HOSPITAL or MEDICAL CENTERAn institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
HOTELA building consisting of at least two stories above ground level, which building provides sleeping accommodations to the general public and which building contains a central entrance leading to a common lobby. Access to sleeping rooms shall be only through hallways extending from said common lobby areas, and no sleeping room shall contain doors providing entrance or exit to sleeping rooms other than from said common hallway except as may be required by other ordinances or regulations for safety purposes.
HOTEL, EXTENDED STAYA building containing guest rooms for lodging, offered to the public for compensation, which are advertised, designed, intended, marketed or routinely utilized for weekly or monthly occupancy, or alternatively, in which at least 30% of the guest rooms have facilities for the refrigeration and preparation of food by guests, such as a refrigerator and cooktop/stove (or a refrigerator, a microwave, and a dishwasher or kitchenette sink), and a self-serve laundry facility is available for guest use.
HOUSE PETSFor the purpose of this chapter, house pets shall be limited to domesticated species of cats and dogs, as defined in §
52-17A of the City Code.
HOUSEHOLDAll of the persons occupying a housing unit. Consistent with the definition utilized by the U.S. Census Bureau, a household includes the related family members and all the unrelated people, if any, such as lodgers, foster children, wards, or employees who share the housing unit. A person living alone in a housing unit, or a group of unrelated people sharing a housing unit such as partners or roomers, also constitute a household.
HOUSING, LOW-INCOMEFor the purpose of this chapter, "low-income housing" shall be housing that is designed for a household earning between 30 and 50% of the area median income, adjusted by household size.
HOUSING, MODERATE INCOMEFor the purpose of this chapter, "moderate-income housing" shall be housing that is designed for a household earning between 50% and 80% of the area median income as adjusted for household size.
HOUSING, VERY-LOW-INCOMEFor the purpose of this chapter, "low-income housing" shall be housing that is designed for a household earning less than 30% of the area median income, adjusted by household size.
IMPERVIOUS SURFACEAny surface covered with a material which by its own nature and/or level of compactness reduces and prevents absorption/infiltration of water.
INCLUSIONARY ZONINGRegulations which increase housing choice by providing the opportunity to construct affordable, diverse and economic housing to meet the needs of low- and moderate-income families.
INDOOR AMUSEMENT AND RECREATIONEstablishments providing and maintaining indoor facilities where the public may engage in or enjoy amusement or recreational activities, such as dance halls; studios; bowling alleys; commercial facilities such as arenas, rings, and rinks; go-carting; indoor driving ranges or miniature golf; archery; sports and health clubs; arcades; expositions; swimming pools; tennis courts; and other athletic, performance, and recreational activities that may be safely enjoyed within a building.
INSTITUTION, CHARITABLE OR CHARITABLE ORGANIZATIONA nonprofit or eleemosynary organization that provides a service beneficial to the general public or to a significant portion of the public for a fee or at a fee recognized as being less than that charged by profit-making organizations.
INSTITUTION, ELEEMONSYNARY OR PHILANTHROPICA private or nonprivate organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any individual.
INSTITUTIONAL BUILDINGA building in which persons are harbored to receive medical, charitable or other care or treatment or in which persons are held or detained by reasons of public or civic duty or for correctional purposes, including, among others, hospitals, asylums, sanatoriums, firehouses, police stations and jails.
INTERESTED PARTYA. In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and
B. In the case of a civil proceeding in any court or in an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right to use, acquire, or enjoy property is or may be affected by any action taken under this chapter, or whose rights to use, acquire, or enjoy property under this chapter, or under any other law of the State of New Jersey or of the United States have been denied, violated or infringed by an action or a failure to act under the Municipal Land Use Law.
INTERMEDIATE CARE FACILITYA facility which provides, on a regular basis, health-related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide, but who, because of their mental or physical condition, require care and services which can be made available to them only through institutional facilities such as these.
JUNKYARDAn area of land, with or without buildings, used for or occupied by the deposit, collection or storage outside of a completely enclosed building of used and discarded materials, such as wastepaper, rags or sheet metal, used building materials, house furnishings, machinery, vehicles or parts thereof, etc., with or without the dismantling, processing, salvage, sale or use or disposition of the same. The deposit or storage on a lot of one or more wrecked or broken-down vehicles or parts of one or more such vehicles for one month or more shall be deemed a "junkyard."
KIOSKA freestanding structure upon which temporary information and/or posters, notices and announcements are posted.
KITCHEN AREAA portion of a dwelling unit designed or used for cooking and eating. A stove, or refrigerator, or sink or cabinets, or combination thereof must occupy at least 16 square feet of said "kitchen area."
LANDGround, soil or earth including improvements and fixtures on, above or below the surface.
LAND DISTURBANCEAny activity involving the cleaning, cutting, excavating, filling, or grading of land or any other activity which alters land topography or vegetative cover.
LAUNDROMAT or WET-WASH LAUNDRYAn establishment only for the washing and drying of clothing brought in by the customer and in which such washing and drying is performed with the use of mechanical equipment and for which a fee is charged.
LIGHT MANUFACTURINGGeneral manufacturing plants or establishments for processing, fabricating or assembly, provided that there is no resulting noxious or offensive odor, dust, smoke, gas, noise, vibration, heat, vapor or glare beyond the boundary line of the lot on which use is located, and provided further that such use is not expressly prohibited by this chapter. These uses must meet the performance standards, use regulations, bulk controls, and other requirements established in this chapter.
LIMOUSINES and LIMOUSINE SERVICEAny for-hire driver service with a capacity of not more than 14 passengers, which shall be regulated by Chapter
108 of the Code of the City of Hackensack and applicable sections of the New Jersey State Administrative Code or New Jersey statutes concerning limousine services and for-hire driver services.
LIVE ENTERTAINMENTEstablishments or accessory uses which provide live entertainment consisting of vocalist, instrumental music or dancers or similar entertainment where patrons are entertained for a fee, whether such fee shall be direct or indirect through a charge for other products or services, but not including halls, auditoriums, rooms or playhouses or religious, civic or fraternal organizations.
LIVE/WORK SPACEA single residential unit, which unit is designed for and occupied as a combination of living and working spaces, with or without retail and display space for sale of art or other hand-crafted goods produced in the working space, occupied year-round as primary residence of not more than two persons who are at least 18 years of age, of which at least one of whom is the artist or craftsman in residence, and by not more than two children of said persons who are under 22 years of age.
LONG-TERM CARE FACILITYAn institution which is licensed or approved by the State of New Jersey to provide health care under medical supervision for 24 or more consecutive hours to patients who are not related to the governing authority or its members by marriage, blood or adoption.
LOTA 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.
LOT AREAThe computed areas contained within the lot lines, excluding any street rights-of-way. Where no lot line is designated on the Tax Map, the boundary of the public right-of-way shall determine the limits of the boundary of the lot.
LOT CONSOLIDATIONLegal merging of two or more lots under common ownership and, typically, common use, into a single lot.
LOT DEPTHA horizontal distance between the front lot line and rear lot line, measured perpendicular or radial to the front lot line at the midpoint of the lot frontage to the farthest distance thereof or taken as the average of three measurements at each corner and the midpoint for irregularly shaped parcels.
LOT FRONTAGEThe length of the front lot line measured at the street right-of-way line.
LOT LINEA line of record bounding the lot. Where an area does not have a lot line indicated on a Tax Map, the boundary of the public right-of-way shall determine the boundary of the lot line.
LOT LINE, FRONTAny lot line separating the lot from the street right-of-way, also referred to as a "street line."
LOT LINE, REARThe lot line opposite and most distant from the front lot line. All lots shall have one rear lot line.
LOT LINE, SECONDARY FRONTWhere a lot has more than one front lot line, the secondary front lot line shall be the one that meets one or more of the following criteria:
A. The longer of the two lot lines;
B. The lot line fronting on the narrower street;
C. Where a building exists, the lot line fronting on the street which is not that of the building address of record;
D. Where a building exists, the lot line fronting on the street which does not have the pedestrian building entrance.
LOT WIDTHThe horizontal distance between the side lines of a lot measured parallel to the front lot line at the required front yard setback line.
LOT, CORNERA parcel of land with having two or more street frontages.
LOT, MINIMUM AREA OFThe smallest lot area established by the Zoning Ordinance on which a use or structure may be located in a particular district.
LOT, THREE-SIDEDA parcel of land located at the junction of and abutting on three intersecting streets.
LOT, THROUGHA parcel of land which extends through from one street to another.
MANUFACTUREThe converting or processing of raw, unfinished or finished materials or products, into an article or articles or substance of a different character or for use for a different purpose.
MARQUEEAny hood, canopy, awning or permanent construction which projects from a wall of a building usually above an entrance.
MEDICAL OFFICEAn establishment from which a licensed medical professional and their staff provide outpatient medical services including checkups, diagnosis, consultation, treatment, and other outpatient services that are customarily and typically provided in doctor and dentist offices. Medical offices shall not include hospitals, nursing homes, convalescent homes, rehabilitation centers, or in-patient medical services involving overnight stays, nor shall they include establishments providing group-based counseling or treatment for substance abuse or addiction.
[Amended 3-19-2024 by Ord. No. 13-2024]
MEZZANINEAn intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 33% of the floor area of the story in which the level or levels are located.
MINI-WAREHOUSEA structure containing separate storage space of varying size leased or rented on an individual basis.
MINIATURE GOLFA novelty version of golf played with a putter and a golf ball on a miniature course, typically with artificial playing surfaces, and including obstacles such as bridges and tunnels.
MIXED COMMERCIAL/RESIDENTIAL BUILDINGSBuildings with one or more permitted commercial uses within or below the first above-grade story and apartments only above the first above-grade story. For the purposes of regulating mixed commercial/residential buildings, "first above-grade story" shall be the first full building story above the elevation of the street that is closest to the principal building entrance.
MIXED HOTEL/MULTIFAMILYA building containing a hotel use as well as permanent residential dwelling units. The portion of the building containing residential dwelling units shall be located above or adjacent to the portion of the building used as a hotel and shall have separate entrances from the street or from within the lobby (i.e., separate elevators), as well as separate hallways. Entry into the residential section of the building from the hotel section or vice versa shall be permitted only as needed for emergency egress, building maintenance and cleaning, and public safety purposes.
MOBILE HOMEAny commercially manufactured vehicle, or combination thereof, used, designed or intended for use, for permanent occupancy as living quarters for one family or household, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, propelled by the power of another vehicle to which it may be attached, whether the axle or carriage to which the wheels may be affixed is detachable or detached.
MOTELA building or a group of detached, semi-attached or attached buildings containing guest rooms or dwelling units, each of which, or each pair of which, has a separate entrance leading directly to the outside of the building with garage or parking space conveniently located to each unit, and which are designed, used or intended to be used primarily for the accommodation of motor vehicle transients, but not including hotels, boarding or rooming houses or trailer camps. This definition does not include an "extended stay motel," which is a separate and distinct use, and is defined elsewhere in this section.
MOTOR VEHICLE BODY REPAIR SHOPA place of business within a principal building where the bodies of motor vehicles are repaired and or rehabilitated. Motor vehicles shall be limited to passenger cars, vans and small trucks not exceeding two tons in weight classification. Permitted activities include metal fabricating and refinishing, sanding and painting and other related mechanical activities necessary to repair auto bodies.
NATIONAL FLOOD INSURANCE PROGRAMA federal program which authorizes the sale of federally subsidized flood insurance in communities where such flood insurance is not available privately.
NATIONAL HISTORIC PRESERVATION ACTA 1966 federal law that established a National Register of Historic Places, the Advisory Council on Historic Preservation and authorizing grants in aid for historic properties preservation.
NATIONAL REGISTER OF HISTORIC PLACESThe official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the nation's history or whose artistic or architectural value is unique.
NON-POINT RUNOFFSurface water entering a channel from no definable discharge source.
NONCONFORMING LOTA lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, 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 SIGNAny sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.
NONCONFORMING STRUCTUREA structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter 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.
NUISANCEAn interference with the enjoyment and use of property.
NUISANCE ELEMENTAny environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.
NURSING HOMEAn extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, but not to include mental patients or persons afflicted with contagious or infectious disease or liquor or drug addiction.
OFF-SITELocated outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or within a contiguous portion of a street or right-of-way.
OFF-TRACTNot located on the property which is the subject of a development application, nor located on a contiguous portion of a street or right-of-way.
OFFICEPlaces where office business is conducted relating to the internal functions of the immediate establishment or with other off-site businesses. Includes business conducted with the public by certified, licensed, registered, or trained professionals such as insurance agents, lawyers, architects, real estate agents, accountants, and tax return preparation.
OFFICE BUILDINGA building used for conducting the affairs of a business, profession, service, industry or government, or like activity, but not for manufacture, storage or sale of goods except by sample.
OFFICE PARKA development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.
OFFICE, ADMINISTRATIVEAn establishment primarily engaged in management and general administrative functions such as executive, personnel, finance and sales activities performed centrally for other facilities of the same company.
OFFICE, PROFESSIONAL AND BUSINESSA use or uses conducted entirely within a structure for the purpose of providing a professional service or conducting a business office therein, restricted solely to administrative office activities, specifically excluding the sale or transfer of any physical products or goods from the site.
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
OPEN SPACE, COMMON OR PRIVATEAs part of a private development, an open space area within or related to such development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain complementary structures and improvements as are necessary and appropriate for the use and enjoyment of the residents and owners of the development.
OUTDOOR STORAGEThe keeping, in an unroofed area OR a roofed area with walls on fewer than four sides, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours.
PARAPETThe extension of the main walls of a building above the roof level.
PARKING AREAAny public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.
PARKING AREA, PRIVATEAny open area being part of the same lot or tract on which is erected a building or structure used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants thereof to which such use is accessory.
PARKING AREA, PUBLICAny open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation, or as an accommodation for clients, customers or employees.
PARKING SPACE, OFF-STREETA parking space for a motor vehicle that is directly accessible to an access aisle, and which is not located within a street right-of-way.
PENNANTAny lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.
PENTHOUSEAn enclosed structure above the roof of a building, other than a roof structure or bulkhead, occupying not more than 33 1/3% of the roof area.
PERFORMANCE STANDARDSStandards adopted by this chapter regulating noise level, glare, earth-borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the City of Hackensack, or standards required by applicable federal, state or interstate law or municipal ordinance.
PERMITTED USEAny use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSONAny individual, association, partnership, corporation or cooperative group.
PERSON WITH HEAD INJURYA person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which result in a temporary or permanent psychobiological decrease of mental cognitive behavioral social or physical functioning which causes partial or total disability.
PERSONAL SERVICE ESTABLISHMENTSEstablishments providing services, other than medical or beauty services, to individual consumers. Such uses include, but are not limited to: clothing rental; funeral parlors and undertaking establishments; dry-cleaning pickup stores; psychic readers; shoe repair shops; travel agencies.
PLANThe provisions for development of a planned development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, public or private streets, ways and parking facilities, open space and public facilities. The phrase "provisions of the plan," when used in this chapter, shall mean the written and graphic materials referred to in this development.
PLANNED COMMERCIAL DEVELOPMENT OR SHOPPING CENTERAn area of a minimum contiguous size as specified in this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate commercial or office uses, or both.
PLANNED DEVELOPMENTIncludes planned unit development, planned residential development, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENTAn area of minimum contiguous size as specified in this chapter to be developed according to a plan as a single entity containing one or more structures with appurtenant common areas to accommodate industrial uses.
PLANNED RESIDENTIAL DEVELOPMENTAn area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development.
PLATA map or maps of a subdivision or a site plan.
PLAZAAn open space which may be improved and landscaped usually surrounded by streets and buildings. (See "court.")
POOL HALL or BILLIARD HALLA group of more than two pool tables or billiard tables available for use by the public in the same place, location or premises constituting a principal or accessory use, with or without sale of beverages and food. Establishments selling or displaying for sale pool tables or billiard tables shall not be considered a pool hall or billiard hall if such are not available for use by the public.
PORCHA roofed open area, which may be glazed or screened, attached to or part of and with direct access to or from a building.
PRIMARY STREETThe street faced by the main entrance of a principal building.
PROCESSINGA series of operations, usually in a contiguous and regular action or succession of actions, taking place or carried on in a definite manner.
PROCESSING (industrial or manufacturing contexts)To subject to some special process or treatment, as in the course of manufacture; change in the physical state or chemical composition of matter; the second step in use of a natural resource; examples include petroleum refining, oil shale crushing, retorting and refining, ore smelting, coal crushing and cleaning, saw mill, alfalfa pellet mills, food canning or packing, creation of glass, ceramic, or plastic materials, gravel crushing, cement manufacture, concrete batch plants.
PROFESSIONAL, RESIDENTIncludes the following: architect, accountant, dentist, surgeon or physician, engineer, land surveyor, lawyer, real estate agent, or professional planner, provided that the professional person owns and makes the premises his or her principal residence and domicile and the professional use does not exceed 30% of the floor area.
PSYCHIC READERA reader who advises clients by professing to tell past, present or future events through extraordinary spiritual insight or by perceiving another's thought. The term "psychic reader" includes the term "card reader," "crystal gazer," "fortune teller," "mind reader," "palmist" and "tea-leaf reader."
PUBLIC AREASIncludes public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC DRAINAGEWAYThe land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen nonpoint pollution.
PUBLIC OPEN SPACEAn open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.
PUBLIC UTILITY FACILITIESTelephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.
PUBLIC WAYAny street, alley or other parcel of land open to the outside air leading to a public street, which has been deeded, dedicated or otherwise permanently appropriated to the public for public use that has a clear width and height of not less than 10 feet.
RECHARGEThe process of renewing underground water by infiltration during wet seasons.
RECREATIONAL FACILITY, PERSONALA recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.
RECREATIONAL FACILITY, PRIVATEA recreation facility operated by a nonprofit organization, and open only to bona fide members and guests of such nonprofit organization.
RECREATIONAL VEHICLEA transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck or panel truck, of such size and weight not to require any special highway movement permits and primarily designed or constructed to provide temporary, movable, living quarters for recreational, camping or travel use, but not while so parked, stored or garages in the City of Hackensack and not for any commercial purposes or for profit. The term "recreational vehicle" shall be limited to the following:
A. Travel trailers or fifth-wheel trailers which are defined as portable structures built on a chassis with wheels as an integral part to make them mobile and intended to be towed, above or forward of the tow vehicle's rear axle, by passenger cars, station wagons and/or light pickup trucks or panel trucks, but not including truck tractors of any type. The maximum length of any travel trailer or fifth-wheel trailer which may be parked or stored unenclosed in the rear yard of any residential lot is 28 feet.
B. Camping trailers which are trailers, the walls of which are so constricted as to be collapsible and made of either canvas or similar cloth or rigid material such as fiberglass, plastic or metal. Camping trailers defined as trailers that are mounted on wheels and designed for travel and recreation use, and which may be constructed with collapsible partial side walls that fold for towing and unfold for use.
C. Pickup campers or truck caps which are recreational structures designed to be mounted in the bed of light pickup trucks and are designed for travel, storage or recreational use.
D. Motor homes which are constructed with a truck or motor-van chassis and incapable of being separated therefrom. The maximum length of any motor home which may be parked or stored unclosed in the rear yard of any residential lot is 28 feet.
E. A boat or snowmobile, or boat or snowmobile trailer. A boat or snowmobile trailer is a vehicle on which a boat or snowmobile may be transported and which is towable by a passenger car, station wagon, light pickup or panel truck or mobile home. The maximum length of any boat which may be parked or stored unenclosed in the rear yard of any residential lot is 28 feet.
RECYCLABLEA waste product capable of being reused or transformed into a new product.
RECYCLINGThe process by which waste products are reduced to raw materials and transformed into new and often different products. From an operations standpoint, "Recycling" may also include activities such as collection, separation, and storage of materials.
RECYCLING CENTERA lot or parcel of land, with or without buildings, upon which recyclable materials are separated and processed for shipment and eventual reuse in new products.
RECYCLING PLANTA facility in which recyclables are recycled, reprocessed, and treated, so as to return such products to a condition in which they may be used again in new products.
REHABILITATION CLINIC or REHABILITATION CENTERA facility and the lands thereon used for the short- or long-term treatment of victims of alcohol or drug use or addiction, which may either be in-patient clinics providing care, meals, and lodging, or outpatient clinic, where treatment is provided but meals and lodging is not.
[Amended 3-19-2024 by Ord. No. 13-2024]
REPAIRThe reconstruction or renewal of any part of an existing building for the purpose of its maintenance.
RESEARCH LABORATORYAn establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.
RESIDENTIAL CLUSTERAn area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.
RESIDENTIAL DENSITYThe number of dwelling units per gross acre of residential land area, including streets, easements, detention, retention and water quality basins and open space portions of a planned development.
RESTAURANTA building or structure designed, used or intended for use in which food and beverage are sold and consumed primarily within the confines of an enclosed structure on the site. A "restaurant" shall not include refreshment stands commonly called "snack" or "dairy" bars where consumption takes place outside of the structure or in automobiles parked upon the premises, whether brought to said automobile by the customer or by employees of the establishment. A "restaurant" shall also include pickup, takeout, or delivery services wherein food is prepared on the premises for off-premises consumption, but which is distinct from a restaurant having a drive-through component unless otherwise stated. Cafes and coffeehouses are restaurants.
RESTAURANT, DRIVE-THROUGH (or DRIVE-THRU)A restaurant use or building, a portion of which is dedicated to the sale and serving of food and beverage directly to customers in their personal vehicles. A drive-through is customarily distinct from other types of restaurants in that it includes driveways, windows, and signage specifically designed and oriented to allow customers to conduct the entire exchange of payment for food and drink without leaving their cars, and typically permits customers to consume such food and drink in the surrounding parking area.
RESTORATIONThe replication or reconstruction of a building's original architectural features.
RESUBDIVISIONEither:
A. The further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or
B. The alteration of any streets or the establishment of any new streets within any subdivision previously made and as to combine existing lots by deed or other instrument.
RETAIL STOREA store where goods are sold directly to the consumer for personal or household use, with or without incidental processing on the premises. Any establishment which requires a club membership or fee payment to permit entry to the establishment for the sale of goods or services shall be considered a retail establishment, whether or not the words "wholesale" or "warehouse" appear in the name of the establishment.
RETAIL, GENERALRetail stores other than neighborhood retail, auto-parts retailers, or automobile sales.
RETAIL, NEIGHBORHOODA retail establishment having a gross leasable floor area of not more than 10,000 square feet and which is engaged in the retail sale of commodities that satisfy the daily needs of residents in surrounding residential neighborhoods, such as but not limited to pharmacies, florists, convenience stores, general stores, and liquor stores. Neighborhood retail establishments specifically exclude the following:
A. Establishments having a gross leasable floor area in excess of 10,000 square feet;
F. Clothing stores, except for tailoring establishments or thrift shops where clothing sales is incidental to the use;
G. Electronics stores, except electronics repair stores where electronics retail is incidental to the repair service;
H. Bulk or warehouse style retailers; and
RETAINING WALLA structure constructed to hold back or support an earthen bank.
REVIEWING BOARDEither the Planning Board of the City of Hackensack or the Zoning Board of Adjustment, depending upon which agency has jurisdiction over the application under consideration.
RIGHT-OF-WAY (ROW or R.O.W.)A strip of land acquired by reservation, dedication, easement, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses. A "public right-of-way" shall be assumed to be a public street, path, or walkway.
RINGELMANN CHARTA device used to measure the opacity of smoke emitted from smoke stacks and other sources.
ROOMING HOUSEA house in which lodgers rent one or more rooms for one or more nights, and sometimes for extended periods of time, and in which common areas or services, such as laundry, cleaning, and dining may be provided.
SCHOOLIncludes public and parochial (religious) institutions of learning for grades kindergarten through 12th grade, but shall not include institutions of higher learning, colleges, trade schools, vocational schools or nursery schools, nor shall it include schools for specialized training because of the mental or physical status of the prospective students. Except where otherwise specified, school uses shall be presumed to include auditoriums, athletic fields and gymnasiums accessory thereto.
SENIOR LIVINGMultifamily housing designed for older persons, one of whom must minimally be 62 years of age or older.
SERVICE, BEAUTY OR HAIRAny commercial establishment, place, or event wherein cosmetology is offered or practiced on a regular basis for compensation; may include the training of apprentices as may be permitted by state regulations. Does not include cosmetology schools or establishments where the principal mission is to educate hair stylists, beauticians, or the like.
SETBACKThe distance between the street right-of-way line or any other lot/property line and any part of a building, structure, or projecting features thereof as may be regulated by this chapter.
SETBACK LINEThe line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which buildings or structures must be erected or placed.
SHOPPING CENTERA group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements. Tenants may include neighborhood retail, general retail, restaurants, personal services, beauty services, indoor recreation, and business services, as defined in this chapter.
SIDEWALKA paved, surfaced or leveled area used as a pedestrian walkway.
SIGHT TRIANGLEA triangular shaped portion of land established at street intersections or intersections of driveways and streets in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.
SIGNIncludes any device, either freestanding or attached to a building or structure or erected, painted or represented or reproduced upon or in (to the extent provided herein) any building or structure which displays, reproduces or includes any letter, word, name, number, model, insignia, emblem, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or part of the premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. In no event shall the word "sign" be construed to mean any sign in the interior of any structure except as specifically set forth in this chapter.
SITEAny plot or parcel of land or combination of contiguous lots or parcels of land.
SITE PLANA development plan of one or more lots on which is shown:
A. The existing and proposed condition of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways;
B. The location of all existing and proposed buildings, drives, parking spaces, landscaping, structures and signs, lighting, screening devices; and
C. Any other information that may be reasonably required in order to make an informed determination.
SLEEPING ROOMA fully enclosed portion of a building, designed or intended to be used for sleeping purposes. For purposes of measurement, where a sleeping room contains more than two beds, every unit of two beds or fraction thereof shall be counted as a separate sleeping room.
SLOPEThe degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.
SMOKESolid particles generated as a result of the incomplete combustion of materials containing carbon.
SOILAll unconsolidated mineral and organic material of whatever origin that overlies bedrock and can be readily excavated.
SOLAR ACCESSA property owner's right to have the sunlight shine on the owner's land.
SOLAR COLLECTORA device or combination of devices, structure, or part of a device or structure that transforms direct solar energy into thermal, chemical, or electrical energy and that contributes significantly to a structure's energy supply.
SOLAR ENERGY SYSTEMA solar collector or other device or structural design feature of a structure that relies upon sunshine as an energy source and is capable of collecting, distributing, and storing (if appropriate to the technology) the sun's radiant energy for a beneficial use.
STORAGEThe storing or keeping of an item in a fixed location for a specific or unspecified period of time.
STORMWATER DETENTIONAny storm drainage technique that retards or detains runoff, such as a detention or retention basin, dry wells or any combination thereof.
STORYThat portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STREETAny 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 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 of 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.
STREET LINEThe dividing line between a street right-of-way and a lot. See also "frontage" and "lot line, front."
STRUCTUREA 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.
STUDIOA workshop or space in which art, music, or films are produced and recorded, and which may or may not broadcast live the music, film, or performances to radio, television, and internet mediums.
SUBDIVISIONThe 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.
A. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created:
(1) 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;
(2) Divisions of property by testamentary or interstate provisions;
(3) Divisions of property upon court order, including but not limited to judgments of foreclosure;
(4) Consolidation of existing lots by deed or other recorded instrument; and
(5) 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 atlas of the municipality.
B. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MINORA 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:
C. The extension of any off-tract improvement, the cost of which is to be prorated pursuant to Section 30 of the Municipal Land Use Law.
SUPERMARKETA retail establishment primarily selling food as well as other convenience and household goods.
SWIMMING POOLAny structure having a depth greater than two feet and a water surface area in excess of 250 square feet which is used for swimming, bathing or wading purposes.
TATTOO PARLORAn establishment operating in compliance with N.J.A.C. 8:27-1 et seq., also known as the Body Art Procedures section of the New Jersey State Sanitary Code, in which body art services are provided.
THEATERA building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.
TOPOGRAPHYThe configuration of a surface area showing relative elevations.
TOWNHOUSEA building or structure designed for or occupied by no more than one family or household and attached to other similar buildings or structures by not more than two party walls extending from the foundation to the roof and providing two direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse. For the purpose of this chapter, a townhouse may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof. See also "dwelling, attached."
TRAILERA trailer is defined as a vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle.
TRAILER, COMMERCIALA trailer shall be considered a "commercial" trailer if it is used for the transport of goods or persons for commercial purposes.
UNIQUE NATURAL FEATURESThat part of the natural environment which is rare or not duplicated in the community or region.
USEThe specific purpose for which land or a building, structure or facilities is designed, arranged or intended or for which it is or may be occupied or maintained.
USE, ACCESSORYA use subordinate to the principal use located on the same zone lot and serving a purpose customarily incidental to the principal use.
USE, CHANGE OFAny use which differs from the previous use of a building or land.
USE, CONDITIONALA use permitted in a particular zoning district only upon a showing that the use 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 therefore by the relevant board.
USE, NONCONFORMINGA use or activity which was lawful prior to the adoption, revision or amendment of this chapter 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.
USE, TEMPORARYA use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
UTILITYThe erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health, safety or general welfare.
VAPE SHOP/VAPE SALESA business that sells "vape," vapor cigarettes, electronic cigarettes involving the vaporization of a fluid containing nicotine as opposed to burning tobacco, or similar devices, and/or vapor cartridges or other vessels and cigarette devices components containing the vapor fluid. For the purposes of this definition, devices in which tobacco is burned and the smoke is subsequently cooled by a liquid shall not be considered a vape or vapor cigarette product.
VARIANCEPermission to depart from the literal requirements of this Zoning Ordinance pursuant to the Municipal Land Use Law.
VEGETATIVE PROTECTIONStabilization of erosive or sediment producing areas by covering the soil with permanent or short-term seeding, mulching, or sodding.
WADING POOLAn aboveground or in-ground structure containing less than 24 inches of water.
WALLA constructed solid barrier of concrete, stone, brick, tile, wood, or similar type of material that closes, marks, or borders a field, yard, or lot, and that limits visibility and restricts the flow of air and light.
WAREHOUSEA building used primarily for the storage of goods and materials.
WAREHOUSINGTerminal facilities for handling and storing freight without the maintenance of vehicles.
WATERWAYAny body of water, including any creek, lagoon, canal, river, bay, or any other body of water, but not including a swimming pool.
WINDOWIncludes any opening in the exterior wall or roof of any structure for the purpose of admitting air or light, whether or not covered with glass, plastic or other covering.
WINDOW AREAIncludes the aggregate square footage of all windows on any given story of any structure, regardless of the angle or angles at which they are set. In computing window space, there shall be included all portions of any door which contains a window.
WINERYA business that produces wines or similar beverages from the processes of crushing and fermenting fruits, and aging, storing, and bottling the resulting product. Within the City of Hackensack, wineries shall not include fields for growing fruits. Additionally, to the extent allowed by the State of New Jersey, wineries may include rooms for the consumption of the beverages produced on the site along with sale of snacks, and may also include facilities for the purchase of beverages bottled on site, provided that the floor area of the consumption and purchasing spaces is not more than 30% of the total building floor area.
YARDAn open space which lies between the principal or accessory building or buildings and the nearest lot line which is unoccupied and unobstructed from the ground upward except as herein permitted. The depth of all yards shall be measured parallel to and at right angles from their respective lot lines.
YARD, FRONTA yard extending across the full width or length of the lot between the front lot line and the principal building. A lot with more than one front lot line or "street line" shall have more than one front yard.
YARD, REARA yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building.
YARD, SECONDARY FRONTWhere a lot has more than one front yard, the secondary front yard shall be the one between the secondary front lot line and the nearest line of the principal building.
YARD, SECONDARY STREET SIDESee "yard, secondary front."
 Image 1 Yard Locations. Source: The Complete Illustrated Book of Development Definitions, Fourth Edition, Moskowitz et al |
YARD, SIDEAn open, unoccupied space between the side line of the lot and the nearest line of the principal building extending from the front to the rear yard.
ZERO LOT LINEThe location of a building on a lot in such a manner that one or more of the buildings side rests directly on a lot line.
ZONEA specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings. (See "district.")
ZONINGThe division of a municipality into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.
ZONING BOARDThe Board of Adjustment of the City of Hackensack as continued under this chapter.
ZONING MAPThe current Zoning Map on file with the Clerk of the City of Hackensack.
ZONING OFFICERThe Zoning Officer of the City or his designee or other authorized agency.
ZONING PERMITA document signed by the Administrative Officer:
A. Which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure of building; and
B. Which acknowledges that such use, structure, building complies with the provisions of this chapter or variance there from duly authorized by the Planning Board, Board of Adjustment, or the governing body, as the case may be.