Definitions. As used in this Part
1, the following terms shall have the meanings indicated:
ACCESSORY USE OR STRUCTUREA use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. The presence of motor vehicles, whether new or secondhand, on a platform, ramp, switching yard, carrier, trailer-truck, assembly yard or other area, awaiting transshipment or pickup and delivery, for a period exceeding 12 hours shall constitute storage and shall not be deemed an "accessory use" within the meaning of this Part
1.
ADJACENT; ADJOININGLands which are contiguous and are not separated by any street, road or public place.
ASSISTED-LIVING FACILITIESA facility licensed by the New Jersey Department of Health and Senior Services to provide apartment-style housing and congregate dining and to assure that assisted-living services are available when needed for four or more adult persons unrelated to the proprietor and that offers units containing, at a minimum, one unfurnished room, a private bedroom, a kitchenette and a lockable door on the unit entrance.
BOARD FENCEA fence composed of solid board or planks arranged or affixed in such a manner as to completely prevent view or vision through said fence.
BOARDINGHOUSEa private housing or dwelling unit, where the owner, tenant or occupant thereof is engaged in the business of keeping two or more borders not related to him by blood or marriage and in serving food to some or all of such lodgers, for part of the day or a longer period, under express contract or rate of payment.
BUILDING, ACCESSORYA building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of the main building.
BUILDING, FRONT OFThe side of a building most nearly parallel with and nearest to the front yard of the lot on which it is situated.
BUILDING, HEIGHT OFThe vertical dimension measured from the average elevation of the finished lot grade, computed by averaging the grade at the four corners of the principal structure of the four most extreme points on the north, south, east and west sides of a principal structure, or at four points 90° apart for a circular structure, to the highest point of the building, including roof structures, open and enclosed, but excluding chimneys, smokestacks and flagpoles.
BUILDING LINEA line formed by the intersection of an exterior wall of a building with the ground.
BUILDING LINE, FRONTA line parallel to the front yard line touching that part of a principal building closest to the front yard line, excluding the dimensions of unroofed steps or an unroofed terrace.
BUILDING, MAINA building in which is conducted the principal use of the lot on which it is situated.
BURNING, INTENSEMaterials which, by virtue of low ignition temperature, high rate of burning and large heat evolution, burn with great intensity.
BURNING, MODERATEMaterials which, in themselves, burn moderately and may contain small quantities of a higher grade of combustibility.
BURNING, SLOWMaterials which will not ignite or actively support combustion during an exposure for five minutes to a temperature of 1,200° F. and which, therefore, do not constitute an active fuel.
CLOSED CUP FLASH POINTTemperature at which a liquid sample produces sufficient vapor to flash but not ignite when in contact with a flame in a closed cup tester (Fenske-Martin, Tagliabue or other standard test equipment).
COURTAn unoccupied, open space other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNERA court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
COURT, OUTERA court enclosed on not more than three sides of exterior walls and lot lines on which walls are allowable, with one side or end open to a yard or street.
CUSTOMARY HOME OCCUPATION(1) An occupation or a profession which is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit and is carried on by a member of the family residing in the dwelling unit, is clearly incidental and secondary to the use of the dwelling unit for residential purposes and conforms to the following additional conditions:
(a) The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
(b) There shall be no exterior display, no exterior sign (except as permitted in Article
VII, §
390-18), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
(2) The office of a physician, surgeon, dentist, lawyer, engineer, architect, accountant, real estate broker or other professional person, including an instructor in violin, piano or other individual musical instrument limited to a single pupil at a time, who offers skilled services to clients and is not engaged in the purchase or sale of economic goods and whose practice or business operation conforms to the above restrictions, shall be deemed to be operating a home occupation. The occupations of dressmaker, seamstress or milliner shall be deemed to be home occupations. Dancing instruction, band or orchestra instrument instruction in groups, tearooms, tourist homes, beauty parlors, convalescent homes, mortuary establishments and stores, trades or businesses of any kind not herein excepted shall not be deemed to be "home occupations."
(3) Home occupation such as phone answering services, typing, sewing, child care, tutoring and individual music instruction, limousine services, carpenters, plumbers, electricians and similar tradesmen, customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof subject to the following conditions and limitations:
(a) No persons shall be employed or engaged in the operation of the home occupation on the premises other than the resident operator or resident operators.
(b) No merchandise shall be offered for sale upon the residential premises, nor shall there be any display of goods.
(c) No advertisement or sign shall be displayed on the exterior of the building, in any window or on the premises outside of the building.
(d) Not more than one student or any other person shall be served at one time.
(e) Not more than one motor vehicle used in connection with said home occupation including but not limited to a limousine, van, pickup truck or other similar vehicle, shall be stored on the premises, which said vehicle shall be stored in a fully enclosed garage except while actually in use.
(f) No exterior storage of any supplies, tools, merchandise, equipment or other materials used in connection with said home occupation shall be permitted.
(g) Except for the storage of one motor vehicle as specified in Subsection
(3)(e) above, no home occupation shall be conducted other than within the principal building.
(h) The home occupation shall not exceed 150 square feet in floor space nor more than 25% of the aggregate floor area of the principal building in which it is located, whichever is smaller.
DECIBELA unit of measurement of sound-intensity level, re two ten-thousandths (0.0002) microbar.
DISPLACEMENTTotal movement of the earth as measured peak to peak at the point of measurement due to a vibratory impact.
DUPLEXTwo separate dwelling units, side by side, with a fire wall separation, having direct access to the outside and sharing no interior facilities (such as hallways, vestibules, stairs or utilities) with any other dwelling unit.
DWELLING, MULTIPLE-FAMILYA residence designed for or occupied by three or more families, with separate housekeeping and cooking facilities for each.
DWELLING, TWO-FAMILYA residence designed for or occupied by two families only, with separate housekeeping and cooking facilities for each.
FAMILYOne or more persons occupying a single housekeeping unit and using common cooking facilities, provided that, unless all members are related by blood or marriage, no such family shall contain over five persons.
FLAMMABLE OR EXPLOSIVEMaterials which produce flammable or explosive vapors or gases under ordinary weather temperature, including liquids with a closed cup flash point of less than 105° F.
FREQUENCYNumber of oscillations per second of a vibration or sound.
FRONT FACADEThe exterior walls of a building exposed to public view and facing a public street.
GROSS FLOOR AREAAs applied to single- and two-family detached dwelling units, all habitable floor areas of all buildings and structures on the site, including, but not limited to, habitable basements, cellars or attics, but excluding open porches, crawl spaces, unenclosed decks, breezeways, imaginary/intermediate floor levels below cathedral ceilings, garage spaces and any other noninhabitable areas. The noninhabitable area shall be one that does not have a direct walk-in access and a minimal ceiling height of seven feet over an area (room) of at least 70 square feet, or which by reason of its construction is rendered nonhabitable.
HIGH EXPLOSIVEIncludes, but is not limited to, TNT, RDZ, HMX, PETN and picric acid.
HOTELA 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.
IMPACT VIBRATIONEarthborne oscillations occurring with a pause of more than 30 seconds between impulses.
IMPERVIOUS COVERAGEThe ratio of the lot area that is covered by a surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water (i.e., surface parking, driveways, access aisles, walkways, patios, artificial turf), but not including principal and accessory buildings to the lot area.
LOADING SPACEAny off-street space not less than 10 feet wide and 25 feet long with a fourteen-foot height clearance, permanently surfaced to be available in all weather, suitable for the loading and unloading of goods and having direct access to a street or alley.
LODGING HOUSEA private housing or dwelling unit, where the owner, tenant or occupant thereof is engaged in the business of keeping two or more borders not related to him by blood or marriage where no food is served to such persons on the premises.
LODGING UNITA rented room or group of rooms within a building, containing no cooking facilities, used for living purposes by a separate family or group of persons living together or by a person living alone.
LOTA parcel of land of sufficient size to meet minimum district requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.
LOT FRONTAGEThe front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of yards in this article.
LOT MEASUREMENTS(1) DEPTH OF A LOTShall be considered to be the mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot line.
(2) WIDTH OF LOTShall be considered to be the distance measured perpendicular to the side yards. Minimum lot width shall be the shortest horizontal distance between the points formed by the intersection of the front yard line of such lot with the side lot line of such lot, provided that, with respect to a corner lot, the lesser dimension of the length or width shall be deemed the width of such lot, unless the frontage, side or rear are otherwise defined in this Part
1.
LOT OF RECORDA lot which is part of a subdivision recorded in the office of the County Recording Officer of Bergen County, New Jersey, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES(1) CORNER LOTShall be considered to be a parcel of land at the junction of and fronting on two or more intersecting streets.
(2) INTERIOR LOTShall be considered to be a lot other than a corner lot, with only one frontage on a street.
(3) THROUGH LOTShall be considered to be a lot other than a corner lot, with frontage on two parallel or approximately parallel streets.
MILLIREMOne one-thousandth of a rem. A rem is a quantity of ionizing radiation which, when imparted to a biological system, has the same effect as an absorbed dose of one roentgen of X rays per gram of living matter.
OCTAVE BANDA division of the range of sound frequencies.
PARKING SPACE, OFF-STREETAn off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, being 10 feet wide and 20 feet long, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and halving direct access to a public street and permanently surfaced to be available in all weather with not less than 25 feet of backup space. Exempted from this definition shall be single-family and two-family structures.
PLACE OF ASSEMBLYA building, structure, or portion thereof, excluding a dwelling unit, but including auxiliary outdoor spaces, used or intended to be used for the gathering of a group of persons for purposes such as civic, social, or religious functions, recreation, food or drink consumption, educational or instructional purposes, or similar group activities which are not otherwise prohibited in the Borough or relevant zone district.
SIGNAny device designed to inform or attract the attention of persons not on the premises on which the "sign" is located; any structure or part thereof or device attached thereto or painted or represented thereon which displays or includes any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of, an announcement, direction or advertisement. For the purposes of this Part
1, the word "sign" includes billboard but does not include flag, pennant or insignia of any nation, state or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign drive, movement or event. The dimensions of a "sign" shall be considered as being the smallest rectangle enclosing all letters, symbols and other devices or the area of its background if distinguishable from a larger background such as the wall of a building.
(1) ADVERTISING SIGNA 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.
(2) BUSINESS SIGNA 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.
(3) FLAT SIGNAny sign of solid-face or open space construction which is placed against a building and attached to the exterior front, rear or side wall of any building. No part of any such sign shall extend above the top or beyond the ends of the wall surface to which it is attached.
(4) ROOF SIGNAny sign erected, constructed and maintained upon or over the roof of any building, with the principal support of the roof structure.
(5) PROJECTING SIGNAny sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached.
(6) GROUND SIGNAny sign supported by uprights or braces placed upon the ground and not attached to any building.
SMOKE SHOPAny retail, public assembly, or food and drink establishment in which more than 10% of the sales floor area is committed to the display, sampling, marketing, use, distribution, or sale of tobacco products, vapor tobacco or liquid nicotine products (as defined by N.J.S.A. 26:3D-57, 2A:170-51.9(a)(2), 2A:170-51.9(a)(3) and 2A:170-51-9(a)(4)), or paraphernalia for or relating to the consumption of tobacco, vapor tobacco, liquid nicotine, or cannabis products. "Paraphernalia" includes but is not limited to pipes, e-cigarettes, bongs, rolling papers, and similar devices and products. In all circumstances, such an establishment shall comply with the New Jersey Smoke-Free Air Act.
SPECIAL EXCEPTIONA use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals and general welfare. Such use may be permitted in said zoning district as a "special exception" only where specific provision for such use as a "special exception" is made in this Part
1.
STRONG OXIDIZING AGENTIncludes, but is not limited to, liquid oxygen, perchloric acid, perchlorates, chlorates and chlorites.
STRUCTUREAnything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, "structures" include buildings, mobile homes, walls, fences and ground signs.
VARIANCEA relaxation of the terms of this Part
1 where such "variance" will not be contrary to the public interest and where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Part
1 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property; provided, however, that such conditions were not the result of the actions of the applicant. As used in this Part
1, a "variance" is authorized only for the size of the lot, height, area and size of the structure or size of yards and open spaces; the establishment or expansion of a use or structure otherwise prohibited shall not be allowed by "variance," nor shall a "variance" be granted because of the presence of nonconformities adjoining the property, in a zoning district or in an adjoining zoning district.
YARDAn open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any "yard" subject to the height limitations contained in this Part
1 and that an accessory structure or use shall be permitted in a rear yard.
YARD, FRONTAn open, unoccupied space on the same lot with the building, situated between the street line and a line connecting the parts of the building setting back from and nearest to such street line and extending to the side lines of the lot.
YARD, REARAn open, unoccupied space on the same lot with the building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building; provided, however, that an accessory building or use shall be permitted in a "rear yard." The depth of the "rear yard" shall be measured between the rear line of the lot and the rear line of the building. In the case of through lots, there shall be no "rear yards."
YARD, SIDEAn open, unoccupied space on the same lot with the building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.