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Mahwah City Zoning Code

§ 24-1.5

Definitions and Word Usage.

[Amended 10-15-2020 by Ord. No. 1916; 3-10-2022 by Ord. No. 1958]
a. 
Word Usage. Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of this chapter. Words used in the present tense include the future; the singular number shall include the plural and the plural, the singular; the word "structure" shall include the word "building"; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot"; the word "occupies" includes the words "designated or intended to be occupied"; the word "used" shall include the words "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; the word "shall" is mandatory and not optional, and the word "may" is permissive.
b. 
Definitions. As used in this chapter:
ACCESSORY USE OR STRUCTURE
Shall mean use or structure subordinate to the principal use of a building or structure on the same zone lot and serving a purpose customarily incidental to the principal use of the principal building. Examples of accessory structures shall include, but not be limited to, a detached garage, shed, in-ground or above-ground pools, pool equipment, pool cabana, gazebo, decorative fountains, children's play structures, tree houses, sports courts, residential decks, pavilion, pergola, solar powered structures, generators and HVAC units.
ADULT HOMES
Shall mean housing intended exclusively for persons fifty-five (55) years of age or older and the spouses of such persons; when necessary for the care of persons fifty-five (55) years of age or older, one (1) person other than a spouse under fifty-five (55) years of age is permitted in each household.
ANIMAL HOSPITAL
Shall mean a place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to hospital use and treatment.
ANIMAL KENNEL
Shall mean any building, structure or premises in which animals are kept, boarded or trained for commercial gain.
APPLICANT
Shall mean a developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
Shall mean the 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.
AUCTION HOUSE
Shall mean a place where objects of art, furniture, and other goods are offered for sale to persons who bid on the object in competition with each other.
AUTOMOBILE SERVICE STATION OR GASOLINE STATION
Shall mean a 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.
BASEMENT
Shall mean a space, partly above grade level, having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground.
BOARD
Shall mean the Planning Board or Board of Adjustment of the Township.
BUILDING
Shall mean any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.
BUILDING HEIGHT
Shall mean the vertical distance from the average point of the finished grade to the mean level of the roof.
BUILDING, PRINCIPAL
Shall mean a structure in which is conducted the principal use of the site on which it is situated.
CARPORT
Shall mean a single-story roofed structure providing space for the parking of motor vehicles and enclosed on not more than three (3) sides.
CELLAR
Shall mean a space partly above grade level, having more than one half of 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.
CHARGING STATION
Shall mean the physical device that provides a connection from a power source to an electric vehicle. Also known as an Electric Vehicle Charging Station.
COLLEGE
Shall mean an educational institution authorized by the State to award associate, baccalaureate, or higher degrees.
COMMON OPEN SPACE
Shall mean an open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. "Common open space" may contain such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.
CONVENIENCE STORE
Shall mean a retail establishment selling primarily food products, household items, newspapers and magazines, candy, and beverages, and a limited amount of freshly prepared foods such as sandwiches and salads for off-premises consumption.
COURT
Shall mean any open space area, unobstructed from the ground to the sky, which is bounded by three (3) or more attached building walls on the same lot.
CRITICAL LAND USE
Shall mean land use that, if located in the vicinity of an Oil and Hazardous Substance Pipeline, represents an unusually high risk to life in the event of a pipeline failure due to the characteristics of the inhabitants or functions of the use. Critical Land Uses include without limitation:
1. 
Child care;
2. 
Places of assembly;
3. 
Hospitals;
4. 
High-rise buildings, including hotels, dormitories, apartment complexes, and office buildings, which may not lend themselves to a timely evacuation;
5. 
Open space uses, including Green Acres and Township of Mahwah-owned lands designated as open space preservation areas, farmland preservation areas, historic preservation areas, Blue Acres preservation areas, active recreation areas, and passive recreation areas;
6. 
National Park Service designated National Natural Landmarks;
7. 
New Jersey Department of Environmental Protection ("NJDEP") designated New Jersey Natural Areas and Natural Heritage Priority Sites;
8. 
Senior and residential care facilities;
9. 
Institutional uses, including schools, day-care facilities, and public or public buildings;
10. 
Land traversing sole source aquifers.
DECK
Shall mean an unroofed platform, either freestanding or attached to a building, located above the finished grade and is usually supported by pillars or posts.
DEVELOPER
Shall mean the legal or beneficial owner or owners of a lot or of any land proposed 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.
DEVELOPMENT
Shall mean the division of a parcel of land into two (2) or more parcels; the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or of any mining, excavation or landfill; and 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.
DISTRIBUTION CENTER
Shall mean an establishment engaged in the receipt, storage, and distribution of goods, products, cargo, and materials, including transshipment by boat, rail, air, or motor vehicle. Retail sales are not considered part of the distribution process.
DISTRICT OR ZONE
Shall mean any portion of the territory of the Township within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DORMITORY
Shall mean a building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery, or similar institutional use.
DWELLING
Shall mean any permanent building or portion thereof designed or used exclusively for human habitation, which include individual cooking, sleeping and sanitary facilities for the occupants of the household:
1. 
DWELLING, ONE-FAMILY DETACHEDShall mean a building containing one (1) dwelling unit and that is not attached to any other dwelling by any means and is surrounded by open space or yards. Also referred to as a "single-family dwelling".
2. 
DWELLING, ONE-FAMILY SEMIDETACHEDShall mean a building attached to one other one-family dwelling by a common vertical wall, with each dwelling located on a separate lot. Also known as a patio home.
3. 
DWELLING, TOWNHOUSEShall mean a one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more vertical common fire-resistant walls.
4. 
DWELLING, TWO-FAMILYShall mean a building on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
5. 
DWELLING, MULTIFAMILYShall mean a building containing three (3) or more dwelling units that share common horizontal and vertical separations.
6. 
DWELLING, GARDEN APARTMENTShall 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 recreational facilities and as more fully required herein.
7. 
DWELLING, TRIPLEXShall mean a building containing three (3) dwelling units, each of which has direct access to the outside or to a common hall.
8. 
DWELLING, QUADRUPLEXShall mean four (4) attached dwellings in one (1) building in which each unit has two (2) open-space exposures and shares one (1) or two (2) walls with adjoining unit or units.
DWELLING UNIT
Shall mean one (1) or more rooms, occupied or intended for occupancy as separate living quarters, with cooking, sleeping and sanitary facilities provided within the dwelling for the exclusive use of a single family maintaining a household.
ESSENTIAL PUBLIC FACILITIES
Shall mean those public facilities which provide basic health and safety services to residents and visitors of Township of Mahwah, including, without limitation, water sanitation plants, water treatment plants, sewer treatment plants, water storage facilities, municipal telecommunication towers, police stations, fire stations, jails, courthouses, public health facilities, and emergency operations centers.
ESSENTIAL SERVICE
Shall mean the 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 or for the public health, safety or general welfare.
FAMILY
Shall mean a group of persons functioning as a single housekeeping unit and whose relationship is of a permanent, stable and domestic character as distinguished from non-familial institutional uses, boarding homes, fraternities, sororities, clubs, associations, transient housing or other similar forms of housing.
FAMILY DAY CARE HOME
Shall mean an establishment which is registered with the State of New Jersey pursuant to the Family Day Care Provider Registration Act, P.L. 1987, c.27 (C: 30:5B-16 et seq.) and provides for the care, supervision, and protection of children for five (5) or fewer children below thirteen (13) years of age in the private residence of the provider at any one time for no fewer than 15 hours per week. The limitation on the number of children for whom day-care service is provided shall not include children who are legally related to the service provider, being cared for as part of an employment agreement between the family day care provider and an assistant or substitute provider where no payment for the care is being provided, or children who are part of a cooperative agreement between parents for the care of their children by one or more of the parents and where no payment for the care is being provided.
FARM
Shall mean an area of land which is actively devoted to agricultural or horticultural use which occupies no less than five (5) acres, exclusive of the land upon which the farmhouse is located and such additional land, in conformance with the minimum lot size of the residential zone in which the farm is located, as may actually be used in connection with the farmhouse as provided in N.J.S.A. 54:4-23.3, 54:4-23.4, 54:4-23.5 and 54:4-23.11.
FINANCE, INSURANCE AND REAL ESTATE
Shall mean establishments such as banks and financial institutions, credit agencies, investment companies, brokers of and dealers in securities and commodities, security and commodity exchanges, insurance agents, lessors, lessees, buyers, sellers, agents, and developers of real estate.
FITNESS AND HEALTH CLUB
Shall mean a private recreation facility where all uses and activities are completely located within an enclosed building.
FLAG LOT
See Lot, Flag.
FLOOR AREA
Shall mean the sum of the gross horizontal area of the several floors of a building measured from the exterior walls in a building. "Floor area" shall not include the area devoted to mechanical equipment serving the building, areas devoted exclusively to off-street parking and loading space for motor vehicles or to any space where the floor-to-ceiling height shall be less than six (6') feet six (6") inches.
FLOOR AREA RATIO
Shall mean the ratio of floor area to land area.
GARAGE
Shall mean a deck, building, or parking structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
GARAGE, PRIVATE RESIDENTIAL
Shall mean a structure that is accessory to a single- or two-family dwelling, is used for the parking and storage of vehicles owned and operated by the residents thereof, and is not a separate commercial enterprise available to the general public.
GARAGE, PUBLIC
Shall mean a structure or portion thereof, other than a private customer and employee garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GARAGE, REPAIR
Shall mean any building, premises, and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair, or painting of vehicles is conducted or rendered.
GARAGE, SHARED RESIDENTIAL
Shall mean a garage used exclusively for the parking and storage of vehicles owned or operated by residents of nearby dwelling units and their guests, which is not available to the general public.
GASOLINE STATION AND CONVENIENCE CENTER
Shall mean a type of gasoline station containing a convenience store on the same lot and planned, operated, and maintained as an integrated planned development.
GRADE, FINISHED
Shall mean a reference plane representing the average of finished ground level adjoining the building at the four (4) building corners of the structure.
GRADE, NATURAL
Shall mean the elevation of the ground level in its natural state, before construction, filling, or excavation.
GROSS DENSITY
Shall mean the 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).
HABITABLE SPACE
Shall mean living space and rooms other than common hallways, cellar, storage space, and garage.
HAZARDOUS SUBSTANCE
Shall mean any substance designated under 40 CFR 116 pursuant to Section 311 of the Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act, Public Law 92-500; 33 U.S.C. § 1251 et seq.), the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11 et seq., or Section 4 of the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-4 et seq., including without limitation petroleum, petroleum products, pesticides, solvents and other substances.
HEALTH AND WELLNESS CENTER
Shall mean a hospital sponsored establishment that provides services, facilities and education to promote health, healthcare, wellness, fitness and health maintenance. Such services and facilities include exercise and fitness facilities, fitness training and education, restorative health services, physical, speech and occupational therapy, cardiovascular wellness training and similar facilities and services to enhance health, fitness, wellness and well-being. Such services, facilities and education to be provided by professional training, health, nutrition and medical personnel to the general public.
HEALTH CARE FACILITY
Shall mean a facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.
HEIGHT, BUILDING
Shall mean the vertical distance from the average point of the finished grade to the mean level of the roof.
HEIGHT, COURT
Shall mean the vertical distance from the lowest level of the court to the mean height of the top of the enclosing walls.
HEIGHT, STORY
Shall mean the vertical distance from top to top of two (2) successive tiers of beams or finished floor surfaces; and, for the topmost story, from the top of the floor finish to the top of the ceiling joists, or, when there is not a ceiling, to the top of the roof rafters.
HEIGHT, WALLS
Shall mean the vertical distance from the foundation wall or other immediate support of such wall to the top of the wall.
HISTORIC SITE
Shall mean any building, structure, area or property that is significant in the history, architecture, archeology or culture of this State, its communities or the nation and has been so designated.
HOME OCCUPATION
Shall mean any activity carried out for gain by a resident and conducted in the resident's dwelling unit and is clearly incidental and secondary to the residential use of the premises.
HOME OFFICE
Shall mean the use of a portion of a residential dwelling as an office area for use only by members of the household residing on the premises.
HOOFED ANIMALS
Shall mean any animal which is a solid-hoofed or cleft-hoofed quadruped, including but not limited to horses, ponies, sheep, goats, cows, donkeys and mules, but excluding swine and pigs, whether mature animals or their young.
HOTEL
Shall mean a facility offering transient lodging accommodations to the general public and which may include additional facilities and services, such as restaurants, meeting rooms, entertainment, personal services, and recreational facilities.
HOUSEHOLD
Shall mean all the people who occupy a housing unit.
HOUSEHOLD, LOW OR MODERATE INCOME
A household whose income level is categorized as low or moderate income in accordance with the Township of Mahwah Housing Element and Fair Share Plan.
IMPROVED LOT COVERAGE
See Lot Coverage, Improved.
INDUSTRIAL PARK
Shall mean a contiguous tract of land or ten (10) acres or more upon which the principal use shall be one (1) or more industrial uses, which shall be developed or subdivided as a single planned entity and shall meet the requirements of this chapter.
LICENSED CHILD CARE CENTER
Shall mean an establishment providing for the care, supervision, and protection for six (6) or more children below thirteen (13) years of age who attend less than 24 hours a day and is licensed by the State of New Jersey. For a facility that is located in a sponsor's or sponsor representative's home, the State shall not count the children residing in the sponsor's or sponsor representative's home in determining whether the facility is serving the minimum number of children that would require it to be licensed as a center.
LOT
Shall mean a designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.
1. 
LOT, CORNERShall mean a parcel of land at the junction of and abutting on two (2) or more intersecting streets.
2. 
LOT, FLAGShall mean a lot not meeting minimum frontage requirements and where access to the public road is by a private right-of-way or driveway.
3. 
LOT, INTERIORShall mean a parcel of land other than a corner lot.
4. 
LOT, THROUGHShall mean a parcel of land which fronts on two (2) parallel streets or that fronts on two (2) streets that do not intersect at the boundaries of the lot.
LOT AREA
Shall mean the computed area contained within the lot lines.
LOT COVERAGE
Shall mean that portion of a lot which is occupied by buildings and accessory structures but not including walkways, driveways, patios and open parking lots.
LOT COVERAGE, IMPROVED
Shall mean the percentage of lot area which is improved with principal and accessory buildings, structures and uses, including but not limited to driveways, parking lots, patios, and garages and other man-made improvements. The use of gravel or other type of stone for the paving of driveways or parking lots shall not be exempt from the calculation of improved lot coverage.
LOT DEPTH
Shall mean the mean horizontal distance between the front lot line and rear lot line, measured at the following points: (1) at the midpoint of the front lot line to the midpoint of the rear lot line, and (2) at a point where the two opposing side lines are closest to each other, draw a straight line along each side of the lot that extends as close to perpendicular as possible from the front lot line, to the rear lot line. In the case of a triangular shaped lot, wherein there is no discernible rear lot line, the lot depth measurement shall be taken from the midpoint of the front lot line to the intersection of the side lot lines where that occurs most distant from the front lot line.
LOT FRONTAGE
Shall mean the length of the front lot line.
LOT LINE
Shall mean a line of record bounding the lot.
1. 
LOT LINE, FRONTShall mean the lot line separating the lot from the street right-of-way; also referred to as a "street line." In the event of a corner lot, or lot fronting on multiple streets, the determination of the front lot line will be based on the front yard designated on all maps and official record, or absent a map of official record, at the option of the owner or developer.
2. 
LOT LINE, REARShall mean the lot line opposite and most distant from the front lot line.
3. 
LOT LINE, SIDEShall mean any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT WIDTH
Shall mean the distance between the side lines, measured parallel to the front lot line at the required front yard setback line.
MANUFACTURED HOME
Shall mean a factory-built, single-family structure that meets the Federal Manufactured Home Construction Safety Standards Act (42 U.S.C. Sec. 5401), commonly known as the HUD (U.S. Department of Housing and Urban Development) Code. Manufactured homes include structures previously referred to as mobile homes, which are structures built prior to enactment of the Federal Manufactured Home Construction and Safety Standards Act. A manufactured home shall not include "recreational vehicles."
MANUFACTURED HOME PARK OR MANUFACTURED HOUSING COMMUNITY
Shall mean one (1) or more parcels of land which have been planned for the placement of two (2) or more manufactured homes, appurtenant structures or additions.
MOTOR VEHICLE BODY REPAIR SHOP
Shall mean a 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 five (5) tons in weight classification. Permitted activities include metal fabricating and refinishing, sanding and painting and other related mechanical activities necessary to repair auto bodies.
MULTI-FAMILY HOUSING
See Dwelling, Multifamily.
NET DENSITY
Shall mean the total number of dwelling units within a designated parcel divided by the total land area of the designated parcel less the acreage on which residential building is prohibited. The result is expressed as dwelling units per acre (du/ac).
NONCONFORMING LOT
Shall mean a 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 STRUCTURE
Shall mean a 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.
NONCONFORMING USE
Shall mean a 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.
NUISANCE
Shall mean any unlawful use or uses which are unreasonable under all circumstances or which will endanger the health or welfare of the adjacent properties.
OFF-SITE
Shall mean located 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 contiguous portion of a street or right-of-way.
OFF-TRACT
Shall mean not 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.
OIL AND HAZARDOUS SUBSTANCE PIPELINE
Shall mean a pipeline, whether above or below ground, which transports or is designed to transport oil or other hazardous substance. As used herein, a pipeline includes all parts of those physical facilities through which oil or a hazardous substance moves or is meant to move in transportation, including pipes, valves, and other appurtenances attached to pipes, compressor units, pumping stations, metering stations, regulator stations, delivery stations, emergency response terminals, holders, breakout tanks, fabricated assemblies, and other surface pipeline appurtenances.
ON-SITE
Shall mean located on the lot in question.
ON-TRACT
Shall mean located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACE
Shall mean any parcel or area of land or water essentially unimproved and set aside, dedicated, designed 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.
OUTDOOR STORAGE
Shall mean the keeping, in an unenclosed area, of any goods, junk, material, merchandise, or vehicles in the same place for more than 24 hours.
PARKING AREA, PRIVATE
Shall mean any open area 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, PUBLIC
Shall mean any 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.
PATIO
See Terrace.
PERSON
Shall mean any individual, association, partnership, corporation or cooperative group.
PIPELINE OPERATOR
Shall mean the company, entity, or person(s) responsible for the operation, maintenance and management of an oil and hazardous substance pipeline.
PIPELINE OWNER
Shall mean the company, entity, or person(s) that owns an oil and hazardous substance pipeline.
PLACE OF ASSEMBLY
Shall mean any structure or building devoted to the gathering together of persons for a common reason, such as legislative, religious, civic, educational, recreational or social purposes and that is used as the regular site for traditional services, meetings and/or gatherings of an organized body or community, which services, meetings or gatherings are presided over by the ordained or otherwise officially recognized leader of that body or community. Exempted are incidental, temporary or sporadic meetings attended by a small number of persons such that the character of the zone district in which it is located is not compromised for occupants of properties in that area.
PLAN
Shall mean the 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 definition.
PLANNED COMMERCIAL DEVELOPMENT OR SHOPPING CENTER
Shall mean an area of a minimum contiguous size as specified in this chapter to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses, or both.
PLANNED DEVELOPMENT
Shall mean planned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development.
PLANNED INDUSTRIAL DEVELOPMENT
Shall mean an area of a minimum contiguous size as specified in this chapter to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses.
PLANNED RESIDENTIAL DEVELOPMENT
Shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNED UNIT DEVELOPMENT
Shall mean an area with a specified minimum contiguous acreage to be developed as a single entity according to a plan, containing one (1) or more residential clusters or planned unit residential development and one (1) or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified in this chapter.
PLANNING BOARD
Shall mean the Planning Board of the Township.
PORTABLE ON DEMAND STORAGE UNIT
Shall mean a storage container not exceeding twenty (20') feet in length, often known as a POD, which is intended for the temporary storage of non-disposable household items during a period of home repair, construction, renovation or relocation.
PROFESSIONAL AND BUSINESS OFFICE
Shall mean a 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.
PUBLIC AREAS
Shall mean public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for public buildings and structures.
PUBLIC FACILITIES
Shall mean any building used exclusively for public purposes by any department or branch of government.
PUBLIC OPEN SPACE
Shall mean an 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.
RECREATION FACILITY
Shall mean a place designed and equipped for the conduct of sports and leisure-time activities.
RECREATION FACILITY, PERSONAL
Shall mean a 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. A personal recreation facility may include, but is not limited to, such outdoor facilities as sports courts and tennis courts, as well as indoor recreation facilities.
RECREATION FACILITY, PRIVATE
Shall mean a recreation facility open to the public for a fee or to bona fide members and guests.
RECREATION FACILITY, PUBLIC
Shall mean a recreation facility open to the general public.
RECREATIONAL VEHICLE
Shall mean a vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and is primarily designed as a temporary living accommodation for recreational and camping purposes.
RESIDENTIAL CLUSTER
Shall mean an 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 DENSITY
Shall mean the number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a planned development.
RESTAURANT
Shall mean a building or structure designed, used or intended for use in which either food or beverage or both are sold and consumed primarily within the confines of an enclosed structure on the site.
RESTAURANT, FAST FOOD
Shall mean an establishment whose emphasis is on convenience and speed of service, that are generally part of a restaurant chain or franchise, and that provide a limited menu and minimal table or fast counter service, and whose meals are typically inexpensive and made from standardized ingredients that are partially or fully cooked in bulk in advance and kept hot and then finished and packaged to order. Ordering and pickup of food may take place from an automobile.
RESTAURANT, TAKE-OUT
Shall mean an establishment where food and/or beverages are sold in a form ready for consumption, where all or a significant part of the consumption takes place outside the confines of the restaurant.
RETAIL SALES
Shall mean an establishment engaged in the selling or rental of goods or merchandise (usually to the general public for personal use or household consumption, although they may also serve business and institutional clients) and in rendering services incidental to the sale of such goods.
RETAIL SERVICES
Shall mean establishments providing services or entertainment, as opposed to products, to the general public for personal or household use, including eating and drinking places; finance, real estate, and insurance offices; personal services; theatres; amusement and recreation services; health, educational, and social services; museums; and galleries.
SCHOOL, ELEMENTARY AND HIGH SCHOOL
Shall mean public and private nonprofit day schools accredited by the State Department of Education, per the New Jersey Municipal Land Use Law (N.J.S.A. 40:55D-66.b).
SELF STORAGE FACILITY
Shall mean a building or group of buildings containing separate, individual, and private storage spaces of varying sizes available for lease or rent for varying periods of time.
SEXUALLY ORIENTED BUSINESS
Shall mean a commercial established, as defined by the state of New Jersey per N.J.S.A. 2C:34-6 as follows:
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." As used in this definition of sexually oriented business, "specified anatomical area" means:
As used in this definition of sexually oriented business, "specified anatomical area" means: (a) 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 (b) Human male genitals in a discernibly turgid state, even if covered, and "specified sexual activity" means: (a) The fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breast; or (b) Any actual or simulated act of human masturbation, sexual intercourse or deviate sexual intercourse.
SHOPPING CENTER
See Planned Commercial Development.
SIGN
Shall mean any device for visual communication that is used for the purpose of bringing the subject thereof to the attention of the public.
SIGN AREA, AGGREGATE
Shall mean the sum total of the area of all identification signs on a property.
SIGN HEIGHT
Shall mean the measurement of a free-standing sign from the base of the sign to the highest point of the sign structure.
SIGN, ADVERTISING
Shall mean a sign which directs attention to an individual, business, product or service conducted, sold, leased or offered elsewhere than on the premises where the sign is located. For the purpose of this chapter, a billboard shall be considered an advertising sign.
SIGN, AREA OF
Shall mean that area included within the frame or edge of the sign, including all accompanying lettering, wording, designs, logos, and symbols. Sign area shall not include any supporting framework, bracing, or trim which is incidental to the display, provided it does not contain any lettering, wording, or symbols. Where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four (4) sided (straight side) geometric shape which most clearly outlines the said sign. For signs that are visible on multiple sides, the area of the sign is computed by adding together the area of all sign faces visible from any one point. For double sided identical signs, only one side constitutes total sign area.
SIGN, BANNER
Shall mean a sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.
SIGN, FLASHING
Shall mean an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.
SIGN, FREE-STANDING
Shall mean a sign which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or structure whether portable or stationary. Freestanding signs include ground signs and pylon signs.
SIGN, GROUND
Shall mean a freestanding sign that is permanently affixed to the ground at its base, supported entirely by a base structure, and not mounted on a pole or attached to any part of a building.
SIGN, IDENTIFICATION
Shall mean a sign used to identify a single business or use conducted on the site, or a group of structures,, such as residential subdivisions, apartment complexes, industrial parks, manufactured home parks, or shopping centers; located at the entrance or entrances of the area or building.
SIGN, INCIDENTAL
Shall mean a sign that provides information or directions that are necessary for the physical use of the site, including but not limited to signs that provide warnings, parking rules or wayfinding information.
SIGN, MOVING
Shall mean a sign which rotates or shifts, or appears to rotate or shift position.
SIGN, PORTABLE OR "A" FRAME
Shall mean an advertising device which is ordinarily in the shape of an "A" or some variation thereof, located on the ground, easily movable and not permanently attached thereto and which is usually two-sided.
SIGN, PROJECTING
Shall mean any sign that is affixed at an angle or perpendicular to the wall or facade upon which it is mounted, projects more than twelve (12") inches from the wall or facade upon which it is mounted or projects above the top or beyond either side of the wall or facade upon which it is mounted.
SIGN, PYLON
Shall mean a freestanding sign which is permanently supported in a fixed location by a structure of one or more poles, posts, uprights, or braces from the ground and not supported by a building or base structure.
SIGN, ROOF TOP
Shall mean any sign wholly erected, constructed or maintained on the roof or parapet of a structure.
SIGN, TEMPORARY
Shall mean a non-permanent, non-illuminated wall or free-standing sign that may easily be moved or removed and that can feasibly be displayed for a limited period of time in any one location.
SIGN, WALL
Shall mean a sign affixed to or painted on and parallel with the surface of a wall or facade. A sign affixed to or painted on an awning, marquee or canopy shall be considered a wall sign.
SIGN, WINDOW
Shall mean any permanent or temporary sign, including any decal, that is legible from the outside, including plazas, public streets, and parking lots, and that is placed on the outside or inside face of a window or mounted within two (2') feet of the inside face of the window.
SITE PLAN
Shall mean a representation of the proposed development, redevelopment, expansion or improvement of one (1) or more parcels of land and/or buildings in accordance with the rules and procedures of Chapter 22, Mahwah Township Site Plan Ordinance.
SNACK BAR
Shall mean a food establishment where service is provided from a counter and consumption takes place outside of the structure or in a common food court area.
SOLAR ENERGY SYSTEM — ACCESSORY USE
Shall mean one (1) or more photovoltaic, concentrated solar thermal, or solar hot water devices either free-standing ground, building integrated or roof mounted, as well as related equipment which is intended for the purpose of reducing or meeting the energy needs of the property's principal use.
SOLAR ENERGY SYSTEM — PRINCIPAL USE
Shall mean an area of land or other area (e.g. parking lot canopy, landfill, brownfield, etc.) used for a solar collection system principally used to capture solar energy, convert it to electrical energy or thermal power and supply electrical or thermal power primarily for off-site use. Principal solar energy systems consist of one (1) or more free-standing ground, or roof mounted solar collector devices, solar related equipment and other accessory structures and buildings including light reflectors, concentrators, and heat exchangers, substations, electrical infrastructure, transmission lines and other appurtenant structures.
SOLAR ENERGY SYSTEM, GROUND MOUNTED
Shall mean a solar energy system that is directly installed on solar racking systems, which are attached to an anchor in the ground and wired to connect to an adjacent home or building. Ground-mounted systems may be appropriate when insufficient space, structural and shading issues, or other restrictions prohibit rooftop solar.
SOLAR FARM OR SOLAR GARDEN
Shall mean a set of solar collection devices designed to capture sunlight and convert it to electricity primarily for offsite consumption and use; some electricity may be used by an onsite building or structure.
STANDARDS OF PERFORMANCE
Shall mean standards adopted by ordinance regulating noise levels, glare, earth borne or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matter, 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 Township, or standards required by applicable Federal, State or interstate law.
STORY
Shall mean that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. Basements shall be included as a story for height measurements if the distance from grade to the finished surface of the floor above the basement is more than six (6') feet (1829 mm) for more than fifty (50%) percent of the total perimeter or more than twelve (12') feet (3658 mm) at any point.
STORY, HALF
Shall mean a space under a sloping roof that has the line of intersection of the roof and wall face not more than three (3') feet above the floor level and in which space the possible floor area with headroom of five (5') feet or less occupies at least forty (40%) percent of the total floor area of the story directly beneath.
STREET
Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing State, County or Municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which is 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.
STRUCTURE
Shall mean a combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above, or below the surface of a parcel of land.
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.
TERRACE
Shall mean a level, landscaped, and/or surfaced area, also referred to as a patio, directly adjacent to a principal building at the finished grade and not covered by a permanent roof.
TOWNHOUSE
See Dwelling, Townhouse.
UNIVERSITY
See College.
USE
Shall mean the specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
VARIANCE
Shall mean the Board's authorized departure from the literal requirements and terms of this chapter in accordance with the procedures contained herein.
WAREHOUSE
Shall mean a building used primarily for the storage of goods and materials.
YARD
Shall mean an open space which lies between the principal or accessory building or buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted:
1. 
YARD, FRONTShall mean an open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured parallel to and at right angles to the front lot line. Lots that front on multiple streets shall be considered to have multiple front yards.
2. 
YARD, REARShall mean a 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 or accessory building. The depth of the rear yard shall be measured parallel to the rear property line.
3. 
YARD, SIDEShall mean a space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
ZONING BOARD
Shall mean the Board of Adjustment as continued under this chapter.
ZONING MAP
Shall mean the Zoning Map of the Township of Mahwah, New Jersey prepared by Master Consulting, P.A. dated July 28, 2020 together with all amendments subsequently adopted.
Editor's Note: The Zoning Map adopted with Ord. No. 1916 and Ord. No. 1958 is dated October 15, 2020.
ZONING OFFICER
Shall mean the Municipal official designated to enforce the provisions of the zoning ordinance, and to whom an application for a zoning permit is made and by whom such permits are issued.
ZONING PERMIT
Shall mean a document signed by the Zoning Officer 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 or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized by the Board or the Township Council.