A 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. It is intended but not by way of limitation to include permanent and/or temporary swimming pools as accessory uses to residential structures for the purposes of this definition.

The New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (approved January 18, 2010), codified at N.J.S.A. 24:6I-1 et seq.

The vehicular access to a parking space.

Any change in the supporting members of a building such as walls, columns, beams or girders.

A developer submitting an application for development.

The application form for 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.

A story having more than 25% of its clear height below the average level of the adjoining ground.

Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted therein, or the products primarily sold or manufactured therein.

An area of specified width adjacent to a lot line which may include but be limited to an area planted with trees, shrubs, ground covers or other vegetation which is designed to screen the view, noise and glare of cars or buildings from adjacent properties or roads. Buffer strips in all nonresidential districts shall comply with the requirements of Subsection 22-5.11a.

A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

The State Uniform Construction Code.

The square footage or other area measurement by which a primary or accessory building or structure occupies the land as measured at the grade line around the foundation.

The vertical distance measured from the average elevation of the finished grade five feet away from the front of the building to the top of the roof surface for mansard and flat roofs and to the vertical mid-point between the base of the roof and its peak for peaked roofs.

A public building for civic, social, education, cultural or recreational activities of a neighborhood or community not operated primarily for monetary gain.

A structure in which is conducted the principal use of the site on which it is situated.

A story having more than 25% of its clear height below the average level of the adjoining ground.

A licensed motor vehicle which meets any one of the following criteria:

An application form completed as specified by ordinance and the rules and regulations of the municipal agency and all accompanying documents required by ordinance for approval of the application for development, including where applicable but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in the ordinance or any revisions in the accompanying documents, as are reasonably necessary to make an informed decision as to whether the requirements necessary for the approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the municipal agency. An application shall be certified as complete immediately upon the meeting of all requirements specified in the ordinance and in the rules and regulations of the municipal agency, and shall be deemed complete as of the day it is so certified by the administrative officer for purposes of commencement of the time period for action by the municipal agency.

The county planning board as defined in Section 1 of P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1) of the county in which the land or development is located.

The elevation, established by existing curbs or Borough Code of the street grade at the point that is opposite the center of the wall nearest to and facing the street line. Where a building is on a corner lot the curb level is the average of such elevations on the two intersecting streets.

The Department of Health and Senior Services.

Any part of the territory of the Borough defined on the Zoning Map within which certain uniform regulations and requirements of this chapter apply.

A building which is designed or used exclusively as the living quarters for one or more families.

A building occupied or intended to be occupied for residence purposes by one family. A mobile home shall not be considered as a one-family dwelling.

A building containing not more than two dwelling units and intended for residential occupancy by not more than two families living independent of the other and each with its own separate sleeping, cooking and sanitary facilities, but not including mobile homes.

Any number of persons related by blood, marriage or adoption or a group of not more than three persons not so related who are living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. A family may also include foster children placed by the New Jersey State Board of Child Welfare or a duly incorporated child care agency. This definition is intended to be construed in accordance with the developing concepts enunciated by the public policies of this state.

A building used for the parking and storage of motor vehicles.

A detached accessory building or portion of a main residential building for the parking of vehicles of the occupants of the main building to which the garage is accessory.

A building or part thereof, other than a private garage, used for the sale, lease, storage, service or repair of motor vehicles and automotive accessories.

The sum of the horizontal areas formed by using the outside dimensions of the building, excluding, in dwellings, the area of an attached garage, open porch or patio and further excluding the area used as a cellar. Only those floor areas which have a ceiling height of seven feet or more shall be eligible for inclusion in the gross floor area. The gross floor area shall include kitchens, closets, bathrooms, and hallways within the dwelling unit in addition to the area of all other rooms within the dwelling unit.

One or more buildings erected within an area or tract as part of an integrated and comprehensively planned total unit whether or not the buildings are erected simultaneously or over a period of time.

Any area of open land, with or without buildings, regardless of size, devoted to the storage, keeping or abandonment of junk or debris. It shall include but not be limited by, abandoned automobiles, tires, automobile parts, paper, rags, metal, glass or plastic containers, old household appliances, wood, lumber, brush, and any stumps or any other debris of any material whatsoever.

The floor area within a residential structure to be used for habitation excluding cellars, attics, utility (heating and cooling) rooms, and garages and open porches.

An off-street space or berth on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading material.

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.

The area contained within the lot lines of a lot but shall not include any portion of a street right-of-way.

The horizontal distance between the front and rear lot lines measured from the mid-point of the front line to the mid-point of the rear lot line.

A line of record bounding the lot.

The horizontal distance between side lot lines measured at the required front yard setback line.

All parts of the plant genus Cannabis L., whether growing or not; the seeds thereof; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant; but shall not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks, fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination as defined by the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-2).

An organization approved by the Department to perform activities necessary to provide registered qualifying patients with usable marijuana and related paraphernalia in accordance with the provisions of the New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.). This term shall include the organization's officers, directors, board members, and employees.

An entity permitted by a state agency to sell marijuana and marijuana products to registered qualifying patients directly or through the patients' registered primary caregivers pursuant to the New Jersey Compassionate Use Medical Marijuana Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.).

A commercial entity licensed under the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq., that cultivates, dries, trims, or cures marijuana for sale to marijuana product manufacturing facilities, and to other marijuana cultivation facilities, but not to consumers. This entity shall hold all required state licenses and permits.

A commercial facility licensed under a commercial entity licensed under the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A.24:6I-1 et seq., that receives marijuana from a licensed cultivation facility and extracts resin from the marijuana or creates a marijuana-infused product for sale and transfer in packaged form to a medical marijuana center. This entity shall hold all required state licenses and permits.

A commercial facility licensed under the New Jersey Compassionate Use Medical Marijuana Act, N.J.S.A. 24:6I-1 et seq., that receives marijuana from a licensed cultivation facility, licensed processing facility, or licensed caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marijuana to the marijuana facility.

The acquisition, possession, transport, or use of marijuana or paraphernalia by a registered qualifying patient as authorized by the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-2).

Any commercially manufactured vehicle, or combination thereof, used, designed or intended for use, for permanent occupancy as living quarters for one-family, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, propelled by the power of another vehicle to which it may be attached, whether the axle or carriage to which the wheels may be affixed is detachable or detached.

One or more parcels of land under single ownership which have been planned for the placement of two or more mobile homes, appurtenant structures or additions provided that mobile homes shall not be stacked one on top of the other.

A building or group of buildings providing guest rooms, and may have outside entrances, a public lobby, and one or more public dining rooms.

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 to the zoning district in which it is located by reason of such adoption, revision or amendment.

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.

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.

The owner or tenant of a single lot in the Borough of Moonachie;

Any area including parking stalls and maneuvering aisles 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.

Any 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.

An area of not less than nine feet wide by 20 feet in length either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for one family dwellings from being considered off-street parking areas provided that no portion of the private driveway within the right-of-way line of the street intersected by the driveway shall be considered off-street parking space. The nine feet by 20 feet area is intended to be sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space.

An area not less than 12 feet wide and 20 feet long for the parking of one motor vehicle. A minimum width of 22 feet is required for the parking of two motor vehicles.

Portable on-site demand storage.

The offices of a dentist, physician, artist, planner, surgeon, teacher, attorney, clergyman, accountant, engineer, architect, insurance or real estate agent or any other recognized professional licensed as such by the State of New Jersey.

An enclosed building designed primarily for service of food and beverages for consumption by customers within the building, and the term restaurant shall not be interpreted to include, and is defined to exclude, any facility where customers can purchase food or beverages without physically entering a fully enclosed building, and any facility which serves food or beverages without adequate seating facilities for consumption thereof within the confines of the building in which the business is conducted; provided, however, that this provision shall not be construed to prohibit a restaurant as hereinabove defined, from providing an ancillary or accessory function, which is not its primary function, of "take out" or delivery service of food or beverages for consumption at some other location away from the restaurant premises.

A restaurant whose primary, normal and usual method of operation consists of the sale (over the counter or in a similar manner) of food or beverages wrapped in paper or other disposable container, to a customer who is required to carry such wrapped or packaged food or beverage from the place where he or she receives same to some other location for consumption.

Land and building designated and used for providing for the sale of fuel, lubricants and automotive accessories and for providing maintenance and minor repairs for motor vehicles, but not including body repairs or, under any circumstances, the storage of inoperable or wrecked vehicles.

A line drawn parallel to a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required front yard setback" shall mean a line that is established a minimum distance from the existing or the future street right-of-way or front lot line within which a building or part of a building is not permitted to extend toward the street in order to provide the required yards.

The accessory use of a dwelling unit for occupancy by someone other than the unit's owner or permanent resident for a period of less than 180 consecutive days.

Standards:

A receptacle or container that is less than 1,500 cubic feet or any aggregate of that total (if multiple PODS^®), that is suitable for the depositing of household furnishing, clothing and similar materials for the purpose of storage of same by the owner on a temporary basis when moving, construction or renovation is on-going by the owner on his/her lot in the Borough. PODS^®, a registered trademark, are included within this definition of a storage container, of which the POD or storage container must also be in good condition.

That portion of a building included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. The first story of any building shall be where more than 75% of the story is above the average level of the adjoining ground.

Any street, avenue, boulevard, road, parkway, viaduct, drive or other way:

The dividing line between the existing or future street right-of-way and a lot. Where title to land extends into or to the center of a street, the edge of the present right-of-way of the street including any drainage ditch shall nevertheless be deemed to be the street line.

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 including, but not limited to, buildings, fences, tanks, towers, signs and advertising devices.

Portable pools shall not be subject to the requirements of this chapter and are those pools which are not otherwise permanently installed, do not require water filtration, circulation and purification, do not exceed two feet of water depth, do not exceed a water surface area of 80 square feet, and do not require braces or supports.

Includes artificially constructed swimming pools or tanks, plastic or otherwise permanently established or maintained upon any premises by any individual for his own or his family's use or guests of his household.

Includes either outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, bathing, or wading.

Includes artificially constructed pools not designed or used for swimming and having a maximum depth of two feet.

A typed or printed verbatim record of proceedings or reproduction thereof.

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.

The Board of Adjustment's or Planning Board's authorized departure from the literal requirements and terms of this chapter in accordance with the procedures contained herein.

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.

The Zoning Map of the Borough, dated May 10, 1979, together with all amendments subsequently adopted.