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Ramsey City Zoning Code

34-3 DEFINITIONS

[Ord. No. 443; Ord. No. 526; Ord. No. 656 § 1; Ord. No. 717 § 1; Ord. No. 849 § 1; Ord. No. 851 § 2; Ord. No. 865 § 1; Ord. No. 871; Ord. No. 873; Ord. No. 908; Ord. No. 950 §§ 2-3; Ord. No. 973 § 1; Ord. No. 981 § 1; Ord. No. 947A § 1; Ord. No. 1012 § 1; Ord. No. 1018 §§ 1-2; Ord. No. 1030 § 1; Ord. No. 1098-A §§ 1-2; Ord. No. 1199 § 1; Ord. No. 7-1998 § 1; Ord. No. 11-2001 § 1; Ord. No. 46-2004 § 1]
As used in this chapter:
ACCESSORY BUILDING
A subordinate building or structure on the same lot with the principal or main building devoted exclusively to an accessory use.
ACCESSORY USE
A use naturally and normally incident and subordinate to the main use of the premises or lot.
ALTERATION OF BUILDING
A change in the supporting members of a building, an addition to or diminution of a building, conversion of a building or a part thereof, or removal of a building from one location to another.
BASEMENT
The floor in a house or other building next below the principal floor.
BOARDER
An individual other than a member of the family occupying the dwelling unit or a part thereof, who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services, as part of the consideration.
BOARDINGHOME FOR SHELTERED CARE
A profit or nonprofit boardinghome, rest home or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond food, shelter and laundry.
BOARDINGHOUSE
A dwelling or part thereof in which lodging is provided by the owner or operator to boarders.
[Amended 8-27-2008 by Ord. No. 10-2008]
BUFFER ZONE
An area or strip of property around a site zoned or occupied by a commercial, industrial, business, apartment or townhouse use that abuts a residential zone or use or a public use such as Borough parkland and Green Acres. The purpose of the "buffer zone" shall be to minimize adverse impact, to insure privacy, to afford protection from noise, and to promote and encourage aesthetic and harmonious conditions between diverse adjoining land use. Such area, if wooded, shall remain wooded, and whether or not wooded shall be provided with closely spaced plantings or, if determined to be appropriate by the Planning Board, solid fencing to form a visual screen. No clear-cutting shall be done prior to approval by the Planning Board and Shade Tree Commission.
CABARET
An establishment which features topless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, wherein beverages sold under the regulations of N.J.S.A. 33:1-1 et seq. are sold or are available for sale.
CAR WASH AND CONVENIENCE LUBRICATION STATION
Any building, premises, or land in or upon which there is an establishment devoted primarily to the business of washing automobiles or providing rapid lubrication and oil changing service.
COMMON OWNERSHIP
Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly, as tenants by the entirety, or as tenants in common.
CORNER LOT
A lot at the junction of, and having frontage on, two or more intersecting streets, or a lot bounded on two or more sides by the same street.
DORMITORY
Any building or portion thereof, designed or converted to contain living quarters which are provided as residences or for overnight sleeping for individuals or groups, operated as an accessory use to a school, college, university, boarding school, convent, monastery, nonprofit educational institution, religious order, church, hospital, library or other.
[Added 5-10-2017 by Ord. No. 04-2017]
DWELLING
A building or portion thereof designed or used as the residence or sleeping place of one or more persons, including one-family, two-family and multiple dwellings, apartment-hotels, boardinghomes for sheltered care and boardinghouses but not including motels, tourist cabins, trailers or trailer courts.
DWELLING UNIT
A single unit providing complete independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation.
FACADE
Entire building exterior wall face, including grade to the top of the eaves and entire width of the building elevation.
[Added 3-9-2011 by Ord. No. 05-2011]
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping facility.
FAST-FOOD ESTABLISHMENT
A restaurant having a limited menu and serving food to the general public for consumption either on or off the premises.
FAST-FOOD RESTAURANT
A restaurant that sells prepared food, either indoors or outdoors in disposable containers (i.e., paper or plastic) and does not have waiter service.
[Added 3-9-2011 by Ord. No. 05-2011]
FINISHED GRADE
That level of soil on a property, as established at the end of construction. Finished grade, at any point within the area for measurement of the height of a building (footprint plus 10 feet), shall not be greater than 18 inches higher than the original grade that existed prior to construction.
[Added 10-25-2006 by Ord. No. 39-2006]
FLOOR AREA
The area of all floors computed by measuring the dimensions of the outside walls of a building, excluding attic and basement floors, porches, patios, terraces or breezeways, and carports, verandas and garages, provided those excluded areas are not used to enlarge the permitted use or are used only for storage or utilities. All areas or portions of areas of the enumerated exclusions used for any other use than those set forth above shall be included in computing floor area.
GARDEN APARTMENTS
A building or buildings of not over 2 1/2 stories at building entrances (total height can be three stories on sloping sites), containing four or more dwelling units, with the habitable floor area of each being on a single level.
HEIGHT OF BUILDING
The vertical distance from the finished grade elevation along a line as measured by a distance of 10 feet from all points along the foundation (footprint) of the structure to the level of the highest point of the roof surface. In making a measurement to determine the height of a building, no vertical distance along this line, to the highest point of the roof surface, shall exceed the height requirements as contained within the Zoning Code. The averaging of vertical distances between the finished grade elevations along this line and the highest point of the roof surface shall not be permitted.
[Amended 10-25-2006 by Ord. No. 39-2006]
INSTITUTIONAL USES
Nonprofit institutions such as churches, schools teaching academic subjects, hospitals and libraries.
JUICE BARS
An establishment which features topless or topless and bottomless dancers, go-go dancers, exotic dancers, strippers, male or female impersonators or similar entertainers, and where beverages other than beverages sold under the provisions of N.J.S.A. 33:1-1 et seq. are sold or are available for sale.
LOT
A parcel of land exclusive of any adjoining street, the location, dimensions and boundary of which are determined by description as on a subdivision map of record, an official map or by metes and bounds, which is occupied or intended to be occupied by one building and, if any, its accessory buildings; or by a group of buildings as permitted by this chapter and including such open spaces appurtenant to such building or groups of buildings required by this chapter. In the event that more than one plot or lot as set forth on any map filed in the Office of the Clerk of the County of Bergen or on present or future assessment maps of the Borough of Ramsey is used in part or in full with one or more other such plot or lots for the erection of a building and its accessory buildings including yards, the aggregate of all such plots or lots shall, for the purpose of this chapter, be deemed to be one lot.
LOT DEPTH
The average distance between the front lot line and the rear lot line. Lot depth shall be measured along a line connecting the midpoint of the front lot line and the midpoint of the rear lot line, and along lines drawn parallel to said line at ten-foot intervals from said line throughout the width of the lot, provided that only those said lines which are located entirely within the lot shall be used for measuring the lot depth. The average of the above measurements shall be the lot depth.
MAXIMUM BUILDING COVERAGE
The maximum horizontal projected area of the principal building including garages, enclosed porches, breezeways, steps and any other attached or detached structures.
MAXIMUM IMPERVIOUS AREA
The maximum building coverage plus any impervious area including but not limited to pools, driveways, walks, decks, patios and detached structures.
MAXIMUM LIVING SPACE
The total area of the dwelling excluding garages, attics and basements. Maximum living space shall be measured by the outside dimensions of the first and second floor.
[Added 3-9-2011 by Ord. No. 05-2011]
NONCONFORMING USE
A use which is lawfully exercised within a structure or on land at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the regulations of the zone district in which it is located.
NURSING HOME
A privately or publicly operated licensed health facility where four or more persons are housed and provided continued nursing care due to advanced age, illness, or infirmity, under the general supervision of a licensed physician or registered nurse; such term shall not be construed to imply or permit the practice of general hospital functions, assisted living, or sheltered care of adult persons.
ONE-HALF STORY
The area of the attic or one-half story space where the ceiling height is seven feet or greater and does not exceed 60% of the floor below.
[Added 3-9-2011 by Ord. No. 05-2011]
OPEN SPACE ZONING
A permitted reduction in lot sizes and lot area requirements in major subdivisions in the R-1 Residence District Zone in which the density requirement (dwelling units per acre) is maintained and where all resulting undeveloped land within the subdivision is deeded to the Borough of Ramsey for public purposes.
PARAPET
That portion of a wall that extends above the roofline.
[Added 3-9-2011 by Ord. No. 05-2011]
PARKING AREA
An open area, other than a street or other public way, used for the parking of motor vehicles and available for public or private use whether for a fee or as a service or privilege for clients, customers, suppliers or residents.
PRINCIPAL USE
The primary or predominant use of the premises.
PRIVATE GARAGE
A detached accessory building or portion of a main building, used only for the storage of passenger vehicles or a commercial vehicle as permitted by Subsection 34-4.8.
PRIVATE SWIMMING POOL
Any artificially constructed basin or other structure for the holding of water for use by the possessor, his family or guests, for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground holding less than 1,000 gallons of water and/or less than 18 inches in depth.
PUBLIC GARAGE OR SERVICE STATION
Any building, premises or land in or upon which there is an establishment devoted primarily to the business of supplying and selling motor fuel or other petroleum products, supplies or equipment for use in and upon motor vehicles and repairing, storing or reconditioning of motor vehicles.
SATELLITE TELEVISION ANTENNA
An antenna, the purpose of which is to receive television or radio signals from orbiting satellites.
SEXUALLY ORIENTED BUSINESS
As follows:
a. 
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
b. 
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."
1. 
PERSONAn individual, proprietorship, partnership, corporation, association or other legal entity.
2. 
SPECIFIED ANATOMICAL AREA(1) less than completely and opaquely covered human genitals, pubic region, buttock or female breasts; or (2) human male genitals.
3. 
SPECIFIED SEXUAL ACTIVITY(1) the fondling or other erotic touching of covered or uncovered human genitals, pubic region, buttock or female breasts or (2) any actual or simulated act of human masturbation or sexual intercourse.
SIGNS
Any publicly displayed notice or device, freestanding or attached to a building or structure, or painted or reproduced on any building or structure which displays, reproduces or includes any letter, word, name, number, model, insignia, design, device or reproduction, used for one or more of the following purposes: to identify the premises or occupant or owner thereof; to identify any trade, business, professional, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or any part of any premises, including that upon which it is displayed; to direct vehicular traffic or pedestrian traffic, other than national, state, county, or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person, or which attracts or is intended to attract attention to itself, when the same is placed outdoors in view of the general public. The term "Sign" shall include billboard, plaque, or ground, wall, roof, illuminated, projecting or temporary sign and portable signs which shall be deemed to be any sign attached to or displayed on a vehicle or trailer that is used solely for the purpose of advertising a business establishment, product, service or entertainment, when that vehicle or trailer is regularly parked so as to attract the attention of motor or pedestrian traffic.
For the purpose of this chapter, the area of a sign is the area within the perimeter drawn around the surface of a sign, including all decorations, excluding, however, any supports; in computing sign area, the area of all surfaces used or employed or designed for use as a sign or for sign purposes shall be included and totaled. Where signs are back to back, however, then each side may be allowed the maximum square foot area allowed in any zone or district.
SINGLE-FAMILY DWELLING
A building containing one dwelling unit.
SINGLE OWNERSHIP
Ownership by one person or by two or more persons whether jointly, as tenants by the entirety, or as tenants in common, of a separate parcel of real property.
STORY
That portion of a building included between the surface of any floor above the average elevation of ground at the foundation wall and the surface of the next floor above, or if there is no floor above it, then the space between the floor and ceiling next above it.
STRUCTURE
Anything constructed or erected, whether portable, prefabricated, sectional or otherwise, which is permanent or temporary, located on and/or under the ground or attached to something so located.
TERMS
That the present tense shall include the future; the singular number shall include the plural; and the plural the singular. The word "shall" is always mandatory. The words "zone" and "district" are the same.
TOWNHOUSE
A structure, or dwelling unit in a structure, containing three or more dwelling units arranged side by side or in clusters, so that one dwelling unit is not above or below another dwelling unit.
TURRET
An architectural element that extends above the parapet.
[Added 3-9-2011 by Ord. No. 05-2011]
YARDS
a. 
FRONT YARDAn open unoccupied space unless occupied by a use as hereinafter specifically permitted, extending across the full width of the lot and lying between the front street property line and the nearest line of the building. Front steps shall not be construed as part of the building unless enclosed.
b. 
SIDE YARDAn open unoccupied space unless occupied by a use as hereinafter specifically permitted, on the same lot with the building between the building and the side lot line, extending from the front yard to the rear yard.
c. 
REAR YARDA space unoccupied except by an accessory building or use as hereinafter specifically permitted, extending across the full width of the lot between the rear line of any building, other than an accessory building, and the rear lot line.