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Little Ferry City Zoning Code

§ 35-103

TERMINOLOGY AND DEFINITIONS.

[1982 Code § 134-3; New; Ord. No. 1362-17-12 § 2; Ord. No. 1377-06-13; Ord. No. 1412-20-14. Additional amendments noted where applicable.]
a. 
Use of Terms. Unless otherwise specified, all distances shall be measured horizontally. The word "building" includes the word "structure;" the word "lot" includes the word "plot;" the word "used" shall be deemed also to include "designed, intended or arranged to be used;" the term "erected" shall be deemed also to include "constructed, reconstructed, altered or moved."
b. 
Definitions. As used in this article, the following terms shall have the meanings indicated:
ACTIVE ADULT RESIDENTIAL/INDEPENDENT LIVING SENIOR UNITS
Shall mean residential units with at least one (1) member of the household residing therein being at least fifty-five (55) years of age. All such dwelling units shall be deed restricted for occupancy by households having at least one (1) member aged fifty-five (55) years of age or older and having no person less than nineteen (19) years of age as a permanent resident.
ADULT DAY CARE
Shall mean a use providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24 hour day.
[Ord. No. 1412-20-14]
ART STUDIOS
Shall mean a use providing work space for one or more artists or artisans and may also include sale of art on premises, assembly uses and art instruction.
[Ord. No. 1412-20-14]
ASSEMBLY
Shall mean a use which is a permanent facility, building, structure, or installation which is providing for civic, educational, political, religious or social assemblage purposes. This term shall include nonprofit or for-profit facilities and shall include, but may not be limited to, houses of worship, banquet facilities, lodges, fraternal organizations, civic organizations and funeral homes.
[Ord. No. 1412-20-14]
ASSISTED LIVING FACILITY
Shall mean a facility licensed by the New Jersey Department of Health and Senior Services which is designed and operated to provide apartment-style housing and congregate dining while assuring that assisted-living services are available, as needed, to adult persons unrelated by blood, marriage or adoption to the proprietor or governing authority. Each assisted living unit in such facility shall offer, at a minimum, one (1) unfurnished room, a private bathroom, a kitchenette and a lockable door on the unit entrance. Assisted living facilities may include dementia care facilities, which are facilities designed in such a way as to accommodate the special needs of frail elderly persons afflicted with Alzheimer's Disease or other dementia. Dementia care facilities within an assisted living facility are not required to have a kitchenette and a lockable door.
BREWERY/WINERY/DISTILLERY
Shall mean a light industrial use where beer, wine, liquor or other alcoholic beverage is manufactured, packaged and distributed. A tasting room or restaurant shall occupy not less than 20% of the floor area.
[Ord. No. 1412-20-14]
BUILDING
Shall mean a structure having a roof supported by two or more walls, whether portable, fixed, temporary or permanent, to provide shelter for persons, animals, equipment or property of any kind.
[Ord. No. 1412-20-14]
BUILDING, ACCESSORY
Shall mean a building the use of which is customarily incidental to that of the main or principal building and which is located in the same lot as the principal building. In residential districts, "building, accessory" shall additionally mean a building the aggregate ground area of which shall not exceed forty (40%) percent of the rear yard or six hundred (600) square feet, whichever is less; the building height of which does not exceed twelve (12) feet; and for which the height of the doors measured from the ground to the highest point of the door opening does not exceed eight (8) feet.
BUILDING, COMPLETELY ENCLOSED
Shall mean a building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls pierced only by windows or normal entrance or exit doors.
BUILDING, DETACHED
Shall mean a building surrounded by open space on the same lot.
BUILDING HEIGHT
Shall mean the vertical distance from the base flood elevation plus one (1) foot to the level of the highest point of the roof surface, exclusive of any parapet, fixtures or screening carried on or above the roof surface, if the roof is flat, or in the case of sloping roofs, to a point one-half (1/2) the distance between the plates and the top of the uppermost point of the roof. This specified height shall not apply to church steeples, chimneys, cupolas, flagpoles, or solar panels. The height limitations shall not preclude the placement of heating, air conditioning and water supply apparatus nor elevator housings on the surface of the roof, provided that not more than twenty-five (25%) percent of the roof surface shall be devoted to such appurtenances and provided further that provision is made for architectural screening in harmony with the architecture of the building so that such equipment is not visible from the surrounding properties and streets.
BUILDING LINE
Shall mean a line parallel to a street right-of-way at a point where the building is closest to said right-of-way.
[Ord. No. 1412-20-14]
BUILDING, PRINCIPAL
Shall mean a building in which is conducted the principal use of the lot on which it is situated.
CONDITIONAL USE
Shall mean a use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use, as contained in Article 100 Zoning, and upon the issuance of an authorization therefor by the Planning Board.
CONDOMINIUM HOTEL UNIT
Shall mean a unit within a building or group of buildings that is/are constructed, maintained, operated and managed as a hotel, as defined herein, but that is available for individual ownership and that has full in-room or in-suite kitchen facilities, including cooking burners and an oven. A condominium hotel unit shall have no limitation on the duration of occupancy.
CONTINUING CARE RETIREMENT COMMUNITY (CCRC)
Shall mean an age-restricted development that provides a continuum of accommodations and care, from independent living and/or assisted living units to residential health care units to nursing home/long-term care facility, all as defined below, in which the proprietor or governing authority enters into contracts with prospective residents to provide lifelong care and accommodations in exchange for the payment of entrance fees and monthly fees. CCRCs may contain related social, recreational and dining facilities and a health-care center, which may include an outpatient clinic and therapy areas in addition to State-mandated facilities for each of its components.
CORNER LOT
Shall mean a lot or parcel or land abutting upon two (2) or more streets at the intersection or upon two (2) parts of the same street forming an interior angle of less than one hundred thirty-five (135°) degrees. On corner lots, a front yard shall be provided on each adjoining street frontage.
CONTRACTOR'S YARD OR FACILITY
Shall mean a use engaged in construction contracting services including, but not limited to, general or specialty construction trades. A contractor's yard may include office, workshop, storage of materials, storage of vehicles and storage of equipment as accessory uses. The use shall not include sale or manufacturing of materials or merchandise.
[Ord. No. 1412-20-14]
COURT
Shall mean an unoccupied space on a lot other than a yard.
COVERAGE
Shall mean the percentage of the plot or lot area covered by the building area.
CUSTOMARY HOME OCCUPATION
Shall mean any use customarily conducted entirely within a dwelling and carried on solely by the inhabitants, which use is clearly secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. Customary Home Occupation shall also mean the operation of a limousine service provided the limousine meets the definition set forth in Chapter 4, Section 4-51 and is limited to one (1) limousine per residence. The conducting of a business or office, clinic, hospital, barbershop, beauty parlor, tearoom, animal hospital, nursery school or any similar use shall not be deemed to be a "home occupation."
[Ord. No. 1377-06-13]
DBA
Shall mean the abbreviation designating both the unit of measured sound level (the decibel) and the mode of measurement that uses the A-weighting of a sound-level meter.
DATA CENTER
Shall mean a use providing data storage, internet distribution and similar services. The use may also be referred to as, and shall include, a telecom hotel, carrier hotel, co-location center or Internet datacenter.
[Ord. No. 1412-20-14]
DECIBEL (DB)
Shall mean the practical unit of measurement for sound-pressure level. The number of decibels is of a measured sound is equal to twenty (20) times the logarithm to the base 10 of the ratio of the sound pressure of the measured sound to the sound pressure of a standard sound [twenty (20) micro-pascals]. It is abbreviated "dB."
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
Shall mean in the following listing each district shall be deemed to be more restricted than the districts the symbols for which follow it: R-A, R-B, R-M, P, B-N, B-H, B-G, I-R, I-G. Individual uses shall be deemed to be more restricted or less restricted in accordance with their classification in the foregoing list of districts.
DRIVE-THROUGH
Shall mean a constellation of building/site elements for the dispensing of products or services to patrons who remain in their vehicles. Drive-through facilities are a component of the principal use/structure.
[Ord. No. 1412-20-14]
DWELLING
Shall mean a building containing only dwelling units. The term "dwelling," "one-family dwelling," "two-family dwelling," "multifamily dwelling" or "dwelling group" shall not be deemed to include hotel or other accommodations used for more or less transient occupancy.
DWELLING, DUPLEX
Shall mean a structure on a single lot containing two (2) dwelling units, located side-by-side and separated by a vertical party wall with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
[Amended 5-14-2024 by Ord. No. 1620-8-24]
DWELLING, MULTIFAMILY
Shall mean a building, or portion thereof, containing three (3) or more dwelling units, including townhouses and garden apartments, but not including hotels, motels or automobile courts.
DWELLING, SINGLE-FAMILY
Shall mean a detached building containing one (1) dwelling unit only.
DWELLING, TOWNHOUSE
Shall mean a one-family dwelling, in a row of at least three (3) such units, in which no unit is located over another unit and which is designed for or occupied by no more than one (1) family or household and attached to other similar buildings or structures by not more than two (2) party walls extending from the foundation to the roof and providing two (2) 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 purposes of this article, a townhouse may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.
DWELLING, TWO-FAMILY
Shall mean a structure on a single lot containing two (2) dwelling units, each of which has an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units, with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
[Amended 5-14-2024 by Ord. No. 1620-8-24]
DWELLING UNIT OR APARTMENT
Shall mean one (1) room, or suite of two (2) or more rooms, occupied or intended for occupancy as separate living quarters by one (1) family, 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 (1) family within a single-dwelling unit or apartment shall constitute a violation of this chapter.
EDUCATION AND INSTRUCTION
Shall mean a use for teaching professional, artistic and/or physical activity and skills. This term shall include, but not be limited to, tutoring, career training, teaching music and teaching martial arts. The term does not include school uses.
[Ord. No. 1412-20-14]
FAMILY
Shall mean a group of individuals bearing the generic character of a relatively permanent household; a single, nonprofit housekeeping unit.
FITNESS CENTER
Shall mean an establishment that provides apparatus and/or instruction in various aerobic and athletic exercises, including, but not by way of limitation, dance, yoga, martial arts and weight training, and that may include facilities and uses such as but not limited to, spa tubs, pools, steam rooms, and/or saunas, and shower and locker rooms.
FLOOR AREA
Shall mean the sum of the gross horizontal areas under a roof of a permanent structure. Floor area shall not include areas under a roof overhang of three (3) feet or less, areas devoted to mechanical equipment serving the building, areas devoted exclusively to off-street parking for motor vehicles, and truck loading and unloading spaces, open or roofed spaces designed for pedestrian movement from parking/loading areas, nor any space where the floor-to-ceiling height is less than 6 1/2 feet.
[Ord. No. 1412-20-14]
FLOOR AREA RATIO
Shall mean the sum of the floor area of building or structures compared to the total area of the site.
[Ord. No. 1412-20-14]
FRONT ELEVATION
Shall mean the vertical projection showing the front view of a structure.
GARAGE, PRIVATE
Shall mean an enclosed space for the storage of one (1) or more motor vehicles, provided that no business, occupation or service is conducted for profit nor space therein for more than one (1) car is rented to a nonresident of the premises.
GARAGE, PUBLIC
Shall mean any garage other than a private garage, available to the public, operated for gain, which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping automobiles or other motor vehicles.
GARDEN APARTMENT
Shall mean one (1) or more multiple family buildings not exceeding two and one-half (2 1/2) stories or thirty-five (35) feet in height, containing off street parking, outdoor recreation facilities and as more fully required herein. Each dwelling unit therein shall contain two (2) separate direct means of access to the outside.
GASOLINE STATION
Shall mean an area of land, including structures thereon, that is used primarily for the retail sale and direct delivery to motor vehicles of gasoline and lubricating oil as well as facilities that provide both gasoline and repair such as a motor vehicle service station, but not auto body work, welding, painting or major repair work or the same of used cars or car washing except where it is incidental to the general servicing of the vehicle. Gasoline station shall include any facility which sells any type of fuel for an internal combustion engine other than compressed natural gas.
HABITABLE FLOOR AREA
Shall mean the enclosed floor area of a dwelling used or intended to be used for living, sleeping, cooking or eating purposes, excluding unfinished basements and cellars, rooms for heating equipment, garages, porches, closets, bathrooms, water closet compartments, laundry, breezeways and other unheated areas, and including only such floor area under a sloping ceiling for which the headroom is not less than five (5) feet six (6) inches and then only if at least seventy-five (75%) percent of such floor area has a ceiling height of seven (7) feet six (6) inches and if any such floor that is situated above another story has access to the floor below by a permanent built-in stairway.
HOTEL
Shall mean a building or group of buildings containing at least eight (8) stories and also containing a minimum of one hundred (100) guest rooms that are intended or designed to be used, or which are used, rented or occupied for sleeping purposes to transient guests limited to not more than thirty (30) days' stay and that may also contain condominium hotel units as defined above. Guest rooms shall contain a minimum of one (1) bathroom for each sleeping room or suite and may also include a refrigerator, extra sink and microwave oven but not cooking burners and not an oven. A hotel may also include retail shops and services; banks; travel agencies; concierge and ticketing services and the like; restaurants, provided that any restaurant accessible directly to the out-of-doors shall provide indoor table service and, in season, shall provide outdoor (sidewalk) table service; fitness centers; spas; theaters; meeting and banquet rooms; entertainment facilities; and indoor and/or outdoor recreational facilities.
HOTEL, BOUTIQUE
Shall mean a use that is rented or occupied for sleeping purposes to transient guests limited to not more than thirty (30) days' stay and may also contain condominium hotel units as defined above.
[Ord. No. 1412-20-14]
IMPERVIOUS COVERAGE
Land surface areas that do not allow rainwater to be directly absorbed by the ground. These surfaces shall include:
[Added 4-9-2019 by Ord. No. 1512-02-19]
1. 
Building coverage.
2. 
Driveways or other paved areas.
3. 
Patios and walkways.
4. 
Tennis courts.
5. 
Water surface area of swimming pools.
6. 
Decks which do not allow free drainage of rainwater through to the ground underneath. Decks must have gravel underneath to allow for the free drainage of rainwater.
INDOOR ENTERTAINMENT AND RECREATION
Shall mean an indoor use for the public or private presentation of and/or participation in performing arts, sports and other recreation activities. This term shall include but not be limited to skating rinks, carnivals, bowling alleys, movie theaters, and basketball courts.
[Ord. No. 1412-20-14]
JUNKYARD
Shall mean the use of more than one hundred (100) square feet of the area of any lot for the storage, keeping or abandonment of automobiles not in operating condition or other vehicles or machinery or parts thereof.
LABORATORY
Shall mean a use for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory. This term shall include, but shall not be limited to, the above activities involving the following: biotechnology and pharmaceuticals.
[Ord. No. 1412-20-14]
LOADING SPACE
Shall mean any off-street space not less than ten (10) feet wide and twenty-five (25) feet long, surfaced to be available in all weather, suitable for the loading or unloading of goods and having direct access to a street or alley.
LOT
Shall mean one (1) or more contiguous parcels of land united by a common interest or use, considered as a unit, occupied by a principal building or use and its accessory buildings and uses, if any, including the open spaces on such unit of land. It may or may not coincide with the deed description thereof or the boundaries of the same as shown on the Tax Assessment Map of the Borough or a map filed for record or otherwise.
LOT AREA PER DWELLING UNIT
Shall mean the area of the lot in square feet required for each dwelling unit erected or intended to be erected upon the lot. In calculating the maximum number of dwelling units which may be erected upon the lot, the total area of the lot in square feet shall be divided by the required minimum "lot area per dwelling unit."
LOT COVERAGE
Shall mean the percentage of lot areas which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking lots, garages and other man-made improvements such as swimming pools and tennis courts. This exempts a deck or impervious patio up to 200 square feet in size in the RA zone.
[Amended 4-14-2020 by Ord. No. 1534-05-20]
LOT DEPTH
Shall mean the mean horizontal distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
LOT FRONTAGE
Shall mean the horizontal distance measured along the full length of the front lot line.
LOT LINE, FRONT
Shall mean that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. Within a residential district, a corner lot or lot abutting two (2) or more streets or roads shall be considered to front on the street or road on which it has the least frontage. When a corner lot or lot abutting two (2) or more streets or roads shall have equal frontage on both streets or roads or shall have more than the required lot depths on both streets or roads, the owner may elect which street or road he desires to front on.
LOT LINE, REAR
Shall mean that boundary of a lot which is most distant from and is most nearly parallel to the front lot line.
LOT LINE, SIDE
Shall mean any boundary of a lot which is not a front lot line or a rear lot line.
LOT OF RECORD
Shall mean a lot which is part of a subdivision recorded in the office of the county recording officer, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT WIDTH
Shall mean the horizontal distance between side lot lines measured along a line parallel to the front lot line and lying at a distance therefrom equal to the required front yard on the lot.
MACHINE REPAIR AND SERVICE
Shall mean a use engaged in the repair of industrial equipment, construction equipment, aeronautical equipment, agricultural equipment or vehicles, and similar heavy equipment. This shall not include motor vehicle repair, service or painting.
[Ord. No. 1412-20-14]
MANUFACTURING, HEAVY
Shall mean a use engaged in the manufacture of products from extracted or raw materials or the manufacture, assembly, fabrication, packaging or other processing of such products or an outdoor use engaged in the manufacture, assembly, fabrication, packaging or other processing of finished or partially finished parts or products from previously prepared materials. This term shall include, but shall not be limited to, the above activities involving the following: chemicals, stone work or concrete product manufacturing, crude oil or similar petroleum products and tanning.
[Ord. No. 1412-20-14]
MANUFACTURING, LIGHT
Shall mean an indoor use engaged in the manufacture, assembly, fabrication, packaging or other processing of finished or partially finished parts or products from previously prepared materials. This term shall include, but shall not be limited to, the above activities involving the following: food, textiles, wood, paper, pharmaceuticals, plastic or metal products. This term shall exclude any use which meets the definition of Heavy Manufacturing.
[Ord. No. 1412-20-14]
MEDICAL OFFICE
Shall mean a use engaged in providing services for health maintenance, diagnosis (including testing) and treatment of human diseases, pain or other physical or mental condition of patients solely on an outpatient basis. Example medical offices shall include but are not limited to general physicians, dentists, chiropractors, psychologists, cardiologists and other various specialties. Urgent care centers and hospitals shall not be included.
[Ord. No. 1412-20-14]
MOTEL
Shall mean a building or group of buildings used primarily to provide overnight shelter for transient automobile travelers.
NONCONFORMING LOT
Shall mean a lot or parcel which does not have the minimum width, depth or contain the minimum area for the district in which it is located.
NONCONFORMING USES
Shall mean a use which lawfully occupied a building or land as of April 13, 1964, and which does not conform to the use regulations of the district in which it is located.
NURSING HOME/LONG TERM CARE FACILITY
Shall mean an institution or distinct portion thereof that is licensed or approved to provide health care under medical supervision for twenty-four (24) or more consecutive hours to more than two (2) residents who are not related to the proprietor or governing authority by marriage, blood or adoption. Such facility shall be serviced twenty-four (24) hours per day by a registered nurse and shall provide medical services and facilities, meals, housekeeping, social services and physical therapy to its residents.
OFF-STREET LOADING
Shall mean no off-street loading or unloading shall be permitted in the front or side yard of any lot. No access to loading areas shall be permitted on corner lots from the front yard in which the main entrance to the principal structure is located. In such case, access to loading and unloading areas shall be permitted only in the front yard in which the main entrance to the principal structure is not located and at a point located to the rear of any principal structure.
OFFICE
Shall mean a use principally engaged in conducting the affairs of a business, profession, service industry, or government. Offices may include accessory uses serving office workers and visitors such as a café or newspaper stand. Example office uses include but are not limited to real estate agencies, architecture firms, accounting firms, financial advising firms and insurance companies. The use shall not include manufacturing, assembly or productions of goods on the premises, banks or the sale of goods or products from the premises, except for accessory sales and banking services intended primarily as a convenience to office personnel and office visitors.
[Ord. No. 1412-20-14]
OPEN SPACE
Shall mean any landscaped area, including any uses required to be conducted within the open space, but not including vehicular parking or loading areas or driveway. It is the land area minus building area, and vehicular area includes usable roof area.
OUTDOOR ENTERTAINMENT AND RECREATION
Shall mean an outdoor use for the public or private presentation of and/or participation in performing arts, sports and other recreation activities. This term shall include but not be limited to amphitheaters and volley ball. The term shall not include parks and associated recreation facilities.
[Ord. No. 1412-20-14]
OUTDOOR SALES DISPLAY
Shall mean an outdoor area, not within a building, used for the display of merchandise available for sale.
[Ord. No. 1412-20-14]
OUTDOOR STORAGE
Shall mean the storage of materials, supplies, vehicles or equipment used in the conducting of a business outside of a building. This excludes cars, vans and pick-up trucks (one or two axle vehicles).
[Ord. No. 1412-20-14]
PARKING SPACE
Shall mean an off-street space accessible and usable for the parking of one (1) motor vehicle and having an area of not less than two hundred (200) square feet exclusive of passageways and aisles appurtenant thereto, with a minimum length of twenty (20) feet.
PERFORMANCE STANDARD
Shall mean a criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosive hazards and glare or heat generated by or inherent in uses of land or buildings.
PERMITTED USE
Shall mean a use or building which is allowed or permitted within a zoning district.
PERVIOUS COVERAGE
Includes:
[Added 4-9-2019 by Ord. No. 1512-02-19]
1. 
Gravel or loose stone areas that allow water to pass through to the ground below.
2. 
Fences, playground equipment, arbors or outdoor furniture.
3. 
Pervious pavers, of which the foundation must allow for free drainage of rainwater to be directly absorbed by the ground. Cement foundation is prohibited.
4. 
Honeycomb pavers shall be the only permitted pervious use for overnight parking per § 18-1.11 and shall not extend the width of an existing driveway per § 35-108.8.
[Added 6-30-2021 by Ord. No. 1552-10-21]
PLACE OF PUBLIC ASSEMBLY
Shall mean meeting hall, clubhouse, auditorium, church, synagogue or other structure or portion of a structure accommodating fifty (50) or more persons and used at regular or periodic intervals as a gathering place for purposes of conference, deliberation, worship, entertainment, amusement, recreation, education or performance of social, athletic or cultural programs.
PROFESSIONAL PRACTICE
Shall mean the practice of a member of recognized profession, including but not limited to attorneys, medical practitioners, engineers and architects.
RESIDENTIAL HEALTH CARE FACILITY
Shall mean an institution or distinct portion thereof that is licensed by the State of New Jersey Department of Health and Senior Services to provide health care under medical supervision to two (2) or more patients unrelated to the proprietor or governing authority by marriage, blood or adoption. The facility provides independent living units but also offers meals, social services, medical and/or personal services and emergency medical care, as needed.
RETAIL SALES
Shall mean a use engaged in the sale of goods directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
[Ord. No. 1412-20-14]
RETAIL SERVICES
Shall mean a use engaged in providing services to the general public for personal or household use, including but not limited to, those related to beauty, dry cleaning, laundromats, shoe repair, and tanning. This shall not include medical or office uses such as, but not limited to, real estate, financial advising or insurance companies.
[Ord. No. 1412-20-14]
ROOF RIDGE
Shall mean the highest portion of the roof as measured from the first-floor elevation where two (2) or more portions of one (1) roof join. In the case of a flat roof, the "roof ridge" is the highest portion of that roof as measured from the first-floor elevation.
ROOMING HOUSE
Shall mean any building or portion thereof or any single-dwelling unit containing sleeping accommodations for at least two (2) but not more than ten (10) persons who are not members of a family as defined in this section. The term "rooming house" shall be deemed to include lodging house but not hotel or other accommodations used for more or less transient occupancy.
SCHOOL
Shall mean a use that provides teaching of children or adults a complete education curriculum and may include primary and secondary schools, colleges, professional schools, business schools, trade schools, and similar facilities. Public and private uses are included.
[Ord. No. 1412-20-14]
SELF-STORAGE
Shall mean a use that provides separate compartments for self-service storage of personal property by individuals and businesses and where the owner of the personal property is responsible for the movement of their property, rather than the facility owner. This may include climate-controlled and refrigerated facilities. The term shall also include private security vaults.
[Ord. No. 1412-20-14]
SERVICE ESTABLISHMENT
Shall mean a business conducted to render a personal service, including shoe repair shops, dry-cleaning shops and laundries, or conducted to render a household service, including the repair of watches, clocks, locks, furniture, radios, television sets and other household appliances, but not including the repair of furnaces and boilers, refrigerators, air conditioners and other articles of similar bulk and weight.
SEXUALLY ORIENTED BUSINESS
Shall mean (1) a commercial establishment which as one of its principal business purposes offers for sale, rental, or display any of the following: books, magazines, periodicals or other printed material, or photographs, films, motion pictures, video cassettes, slides or other visual representations which depict or describe a specified sexual activity or specified anatomical area; or still or motion picture machines, projectors or other image-producing devices which show images to one person per machine at any one time, and where the images so displayed are characterized by the depiction of a specified sexual activity or specified anatomical area; or instruments, devices, or paraphernalia which are designed for use in connection with a specified sexual activity; or (2) a commercial establishment which regularly features live performances characterized by the exposure of a specified anatomical area or by a specified sexual activity, or which regularly shows films, motion pictures, video cassettes, slides, or other photographic representations which depict or describe a specified sexual activity or specified anatomical area.
[Ord. No. 1412-20-14]
SIDEWALK AREA
Shall mean that portion of the right-of-way that lies between the curbline and right-of-way line and within the limits of the extended property lines; this area varies greatly in width whether improved or unimproved and is considered and controlled as "sidewalk area."
SIGN
Shall mean any structure or part thereof or device attached thereto or painted or represented thereon which shall display or include any letter, work, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement. The word "sign" includes the word "billboard" but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
1. 
Advertising Sign:
(a) 
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises or not exclusively related to the premises.
(b) 
A sign which directs attention to a permitted profession, office, business, commercial enterprise or industry conducted upon the premises, which sign shall be deemed an integral part of that profession, office, business, commercial enterprise or industry.
2. 
Projecting Sign shall mean any sign which is attached to a building or other structure and extends beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached.
3. 
Ground Sign shall mean any sign supported by uprights or braces placed upon the ground and not attached to any building.
SMOKE SHOP
Shall mean any premises dedicated as a principal business to the display, sale, distribution, delivery, offering, furnishing, or marketing of smoking products, or smoking paraphernalia, including providing an area for smoking products, but excluding any grocery store, supermarket, convenience store that sells smoking products, shall not be included within the definition of smoke shop. An area for “smoking” shall mean the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains any matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
[Added 1-24-2023 by Ord. No. 1587-1-23]
SOLAR ENERGY FACILITY
Shall mean a structure, and all associated equipment, that generates electrical energy or heat or hot water produced from solar radiation or photovoltaic technologies. This shall not include solar reflective or concentrating technology.
[Ord. No. 1412-20-14]
SOLAR ENERGY FACILITY, GROUND-MOUNTED
Shall refer to solar energy facility mounted on land.
[Ord. No. 1412-20-14]
SOLAR ENERGY FACILITY, PARKING CANOPY
Shall refer to solar energy facility mounted on a surface parking lot such that vehicles may park and/or drive beneath.
[Ord. No. 1412-20-14]
SOLAR ENERGY FACILITY, ROOF-MOUNTED
Shall refer to a solar energy facility mounted to the roof of a building, roof or top level of a parking garage, carport or other structure that provides protection from weather or provides habitable or storage space. This shall not include facilities mounted above surface parking lots.
[Ord. No. 1412-20-14]
SOUND LEVEL
Shall mean the sound-pressure level measured in decibels with a sound-level meter set for A-weighting; "sound level" is expressed in dBa.
SOUND LEVEL METER
Shall mean an instrument for the measurement of sound levels as specified in N.J.A.C. 7:29B, which provisions are incorporated herein by reference.
SPA
Shall mean an establishment that offers a combination of personal grooming and medical or nonmedical therapeutic services and facilities such as hair, nail and skin care or treatment and other services typically found in a beauty shop; massage therapy and similar therapeutic treatments for the human body; and that may also include facilities and uses such as, but not limited to, spa tubs, pools, steam rooms and/or saunas, and shower and locker rooms.
SPECIAL EXCEPTION
Shall mean a use that would not be appropriate generally or without restriction throughout the zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity or general welfare. Such use may be permitted within such zoning district as a "special exception" by action of the Zoning Board of Adjustment upon a finding that such use conforms to the controls and standards as set forth.
SPECIFIED ANATOMICAL AREA
Shall mean (1) less than completely and opaquely covered human genitals, pubic region, buttock or female breasts below a point immediately above the top of the areola; or (2) human male genitals in a discernibly turgid state, even if covered.
[Ord. No. 1412-20-14]
SPECIFIED SEXUAL ACTIVITY
Shall mean (1) the fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or (2) any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
[Ord. No. 1412-20-14]
STORY
Shall mean that portion of a building included between the surface of any floor and the surface of the floor next above or, if there is no floor above, the space between the floor and the ceiling next above. A basement shall be counted as a "story" for the purposes of this chapter when more than one-half (1/2) of such basement height is above the average established curb level or above the average finished grade level at the foundation where curb level has not been established.
STREET
Shall mean an existing state, county or municipal road, or a street shown upon a plat approved by the Planning Board, or a street on a plat duly filed and recorded in the office of the County Clerk prior to the creation of the Planning Board and the grant to the Planning Board of the power to approve plats.
STRUCTURE
Shall mean any combination of materials to form a construction for occupancy, use or ornamentation whether installed on, above, or partially below the surface of a parcel of land.
[Ord. No. 1412-20-14]
SWIMMING POOL
Shall mean any structure having a depth greater than two (2) feet and a water surface area in excess of two hundred fifty (250) square feet, which is used for swimming, bathing or wading purposes.
URGENT CARE CENTERS
Shall mean a use engaged in providing walk-in, extended hour access for acute illness and injury care that is either beyond the scope or availability of the typical primary care practice or medical clinic. No overnight patients shall be kept on the premises. Medical offices and hospitals shall not be included.
[Ord. No. 1412-20-14]
USE
Shall mean the purpose for which land or a building is arranged, designed or intended or for which either land or a building is or may be occupied or maintained.
USE, ACCESSORY
Shall mean a use which is customarily incidental and subordinate to the principal use of a lot or a building and which is located on the same lot.
USE OR STRUCTURE, PRINCIPAL
Shall mean the primary or predominate use of any lot, or structure devoted to the principal use.
USE, SPECIFICALLY PROHIBITED
Shall mean a use or building which is not allowed or permitted within a zoning district. The schedule of district regulations sets forth the uses or buildings which are permitted within each district. Those uses or buildings not permitted are prohibited. Those uses listed as uses specifically prohibited reiterate this prohibition regarding those particular uses to avoid confusion.
VAPE SHOP
Shall mean any premises dedicated as a principal business to the display, sale, distribution, delivery, offering, furnishing, or marketing of electronic smoking devices, liquid nicotine containers or vapor product as defined by N.J.S.A. 26:3D-57, N.J.S.A. 2A:170-51.9(a)(2), N.J.S.A. 2A:170-51.9(a)(3), N.J.S.A. 2A:170-51-9(a)(4), and Chapter 4, § 4-22 of the Ordinances of the Borough of Little Ferry, including an area for vaping. An area for “vaping” shall mean the inhaling or exhaling of smoke or vapor from any electronic smoking device.
[Added 1-24-2023 by Ord. No. 1587-1-23]
VETERINARY OFFICE
Shall mean a use engaged in providing services for health maintenance, diagnosis (including testing) and treatment of animal diseases, pain or other physical or mental condition of animals.
[Ord. No. 1412-20-14]
WAREHOUSING AND DISTRIBUTION
Shall mean a use for the storage, loading, unloading and/or distribution of goods, products or materials which may include consolidation, transfer, repacking and value-added services.
[Ord. No. 1412-20-14]
WHOLESALE
Shall mean a use engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This shall not include retail sales.
[Ord. No. 1412-20-14]
YARD
Shall mean an open space other than a court on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward.
YARD, FRONT
Shall mean a required open, unoccupied space within and extending the full width of the lot between the front property line and the main front wall of the building, structure or projection of more than twenty-four (24) inches therefrom. On corner lots, a "front yard" shall be provided on each adjoining street frontage.
YARD, REAR
Shall mean an open space, except for permitted accessory buildings on the same lot with the main building, situate between the rear wall of the building or structure or any projection therefrom in excess of twenty-four (24) inches extended to the side lines of the lot and the rear line of the lot. In the case of corner lots, the "rear yard" shall be opposite the lot line contiguous to an arterial street. In the event that the streets being contiguous to the lot lines of a parcel are of the same classification, then the "rear yard" shall be opposite the main entrance of the structure facing either of such streets.
YARD, SIDE
Shall mean an open space, except for permitted accessory buildings on the same lot with the main building, situate between a side wall, structure or projection in excess of twenty-four (24) inches extended to the side lines of the lot and extending from the front yard to the rear yard.