As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING, STRUCTURE AND USEThat which is customarily associated with and is subordinate to and incidental to the principal building, structure or use and is located on the same lot. An accessory building or structure attached to a principal building or structure shall comply in all respects with the requirements applicable to the principal building or structure.
ACTN.J.S.A. 40:55D-1 et seq. (the Municipal Land Use Law).
ADMINISTRATIVE OFFICERThe secretary of the Planning Board, in the case of application to such Board; the secretary to the Board of Adjustment, in case of application or appeal to such Board; and the Clerk of the governing body, in case of appeal to such body.
APARTMENT UNITSA portion of a building designed or used exclusively as the residence or sleeping place of one or more persons, constituting one family and shall include cooking and plumbing facilities.
APPLICANTA developer submitting an application for development.
BASEMENTA story below first floor level when the first floor level is up to but not including four feet above ground level.
BILLBOARDAny structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its ground 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.
BLOCKThe area bounded by local, secondary or major streets sufficiently large enough to accommodate a lot or lots of the minimum size required in this zoning chapter.
BUFFERThat area of land as defined in Article
IV, §
168-23, of this chapter.
BUILDINGAny structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property.
BUILDING COVERAGEThe square footage or other area measurement by which all buildings occupy a lot as measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns.
BUILDING HEIGHTThe vertical distance measured to the highest point from the plan elevation of the finished grade five feet away from the foundation along the side(s) of the building facing a street or to the street line, whichever is closer to the foundation. On a corner lot, the height shall be measured on the street having the greatest slope.
CANNABIS TESTING FACILITYAn independent, third-party entity meeting accreditation requirements established by the Cannabis Regulatory Commission that is licensed to analyze and certify cannabis items and medical cannabis for compliance with applicable health, safety, and potency standards.
CELLARThe area below first floor level, when the first floor level is at ground level.
CIRCULATIONThe provision for the movement of goods, people, water and sewage or power by means of streets, highways, railways, waterways, airways, pipes, conduits or other means and including facilities for transportation, transit and communication.
COMMERCIAL INDOOR RECREATIONIndoor facilities for sport-type uses such as bowling, soccer, ice skating, wrestling, batting cages, golf driving ranges, trampoline or similar uses.
COMMON PROPERTYLand and improvements designed and intended for the ownership, use and enjoyment by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.
CONDITIONAL USEA use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this zoning chapter and upon the issuance of an authorization therefor by the municipal agency.
CONDOMINIUMAn apartment or townhouse building(s) where each dwelling unit is individually owned while common property is collectively owned and maintained by all residents of the building(s).
DEAD-END STREETA street used primarily for access to abutting properties whose entrance and exit is the same.
DEVELOPERThe 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.
DEVELOPMENTThe division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure or any mining, excavation of 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 pursuant to this chapter.
DEVELOPMENT REGULATIONA zoning ordinance, subdivision ordinance, site plan ordinance, official map ordinance or other municipal regulation of the use and development of land or amendment thereto adopted and filed pursuant to this chapter.
DRAINAGEThe removal of surface water or groundwater from land by drains, storm sewers, grading or other means and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.
DRAINAGE RIGHT-OF-WAYThe land required for the installation of stormwater sewers or drainage ditches or those lands required along a natural stream or watercourse for preserving the channel and providing for the flow of water herein to safeguard the public against flood damage.
DWELLING, DETACHEDA building physically detached from other buildings or portions of buildings which is occupied or intended to be occupied for residential purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities.
DWELLING UNITA room or series of connected rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit.
EROSIONThe detachment and movement of soil or rock fragments by water, wind, ice and/or gravity.
FAMILYOne or more persons related by blood, marriage or legal adoption and shall include foster children, or two persons of the same sex, living and cooking together as a single housekeeping unit.
FILING DATEThe date a development proposal shall be deemed to be complete and received for filing by formal action of the municipal agency. All time restrictions for taking action upon development proposals or otherwise rendering a decision provided for by this chapter shall thereupon commence.
FINAL APPROVALThe official action of the municipal agency taken on a preliminary approved major subdivision or site plan after all conditions, engineering plans and other requirements have been completed or fulfilled and the required improvements have been installed or guaranties properly posted for their completion or approval conditioned upon the posting of such guaranties.
FINAL PLATThe final map of all or a portion of the subdivision which is presented for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.
FLOOR AREAThe residential portion of a dwelling unit, excluding basement, attics, porches, terraces, breezeways, carports, heating rooms, unheated areas and garages, measured by using the area within the outside of exterior walls. In nonresidential uses, areas used for storage space shall be included in the gross floor area. The gross floor area of a townhouse, apartment or other attached structure shall be measured from the center of interior walls and the outside of exterior walls. In residential uses, the ceiling height of 75% of the area must be at least seven feet six inches, with a permanent fixed access.
GARAGE SALESIncludes all sales entitled "garage sale," "lawn sale," "attic sale," "rummage sale," "yard sale," "craft sale" or "flea market sale" or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large is or can be made aware of such sale.
HEALTH-CARE FACILITIESInstitutions containing beds for four or more patients where the sick or injured are given medical or surgical care, limited to the diagnosis and treatment of human beings only. For purposes of this chapter, health-care facilities are limited to hospitals, rest homes, nursing homes and convalescent homes.
HOMEOWNERS' ASSOCIATIONAn incorporated nonprofit organization operating in a planned unit residential development (PURD) under recorded land agreements through which each lot owner, apartment owner or dwelling unit owner is automatically a member, each occupied dwelling unit or apartment unit is automatically subject to a charge for a proportionate share of the expenses for the organization's activities and maintenance, including any maintenance costs levied against the association by the Borough, and each owner and tenant has the right to use the common property.
HOUSEKEEPING UNITOne or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
INDUSTRIAL PARKAn area wherein one or more buildings are erected for industrial purposes in relation to one another as part of an integrated and comprehensively planned total unit, whether or not the buildings are erected simultaneously or over a period of time.
LANDIncludes improvements and fixtures on, above or below the surface.
LOADING SPACEAn 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.
LOTAny parcel of land separated from other parcels or portions as by a lawful subdivision or deed of record, survey, map or by metes and bounds and occupied or intended to be occupied by a principal building or a series of buildings and accessory buildings, including such open spaces as provided herein, and fronting on a public street, except that for purposes of this chapter, contiguous undersized lots under one ownership shall be considered one lot; and except further that no portion of a street shall be included in calculating the lot boundaries or areas.
LOT AREAThe area contained within the lot lines of a lot but shall not include any portion of a street right-of-way.
LOT, CORNERA lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°.
LOT, DEPTHThe shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
LOT FRONTAGEThe horizontal distance between side lot lines measured along a street line which actually provides access to an existing or proposed building or structure. Frontage requirements must be met by showing that the proposed frontage is upon a street or road from which access is physically possible and legally permissible. The minimum lot frontage shall be the same as the lot width, except that on curved alignments with an outside radius of less than 500 feet, the minimum horizontal distance between the side lot lines measured at the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.
LOT LINEAny line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.
LOT WIDTHThe straight and horizontal distance between side lot lines at setback points on each side lot line measured an equal distance back from the street line. The minimum lot width shall be measured at the minimum required building setback line. Where side lot lines are not parallel, the minimum lot width at the street line shall not be less than 75% of the minimum lot width for the zoning district in which the lot is located.
MAINTENANCE GUARANTYAny security, other than cash, which may be accepted for the maintenance of any improvements required by this chapter.
MASTER PLANA composite of one or more written or graphic proposals for the development of the municipality as adopted pursuant to law.
MIDRISE APARTMENTA multifamily residential building having more than 2 1/2 stories in height but less than six stories in height, excluding basements or cellars.
MINIMUM LIVING FLOOR AREAThe number of square feet as measured from the interior of an apartment, including all walls, toilets, closets, etc.
MINOR SUBDIVISIONA subdivision of land that does not involve the creation of more than three lots, planned development, any new street or extension of any off-tract or off-site improvement by either the developer or the Borough. There shall be only one minor subdivision of a parcel of land within a period of five years. All subsequent subdivisions shall be classed major subdivisions.
MUNICIPAL AGENCYThe Municipal Planning Board or Board of Adjustment or governing body of the Borough when acting pursuant to this chapter.
NONCONFORMING BUILDING OR STRUCTUREA building or structure which, in its location upon a lot or in its dimensions or in its size does not conform to the regulations of this chapter for the zone in which it is located, but which was lawful prior to the adoption, revision or amendment to this chapter.
NONCONFORMING LOTA 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 STRUCTUREA 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 requirement of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USEA 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.
OFF-SITELocated 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-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
ON-SITELocated on the lot in question.
ON-TRACTLocated on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.
OPEN SPACEAny parcel or area of land or water essentially unimproved and set aside, dedicated, designated 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 designated to be incidental to the natural openness of the land.
PARKING SPACEAn area of not less than nine feet wide by 18 feet in length, either within a structure, provided that the structure is devoted exclusively to parking, 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 detached dwelling units from being considered off-street parking areas, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient 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. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
PERFORMANCE GUARANTYAny security which may be accepted, including cash, provided that the Borough shall not require more than 10% of the total performance guaranty in cash.
PERMITTED USEAny use of land or buildings as permitted by this chapter.
PLANNED DEVELOPMENTPlanned unit development, planned unit residential development, residential cluster, planned commercial development or planned industrial development, all as more fully defined by N.J.S.A. 40:55D-6 and whether or not such development shall be permitted within the Borough of Riverdale.
PLANNING BOARDThe Municipal Planning Board established pursuant to this chapter.
PLATA map or maps of a subdivision or site plan.
PRELIMINARY APPROVALThe conferral of certain rights pursuant to Sections 34, 36 and 37 of the Municipal Land Use Law prior to final approval after specific elements of a development plan have been agreed upon by the municipal agency and the applicant.
PRINCIPAL USEThe main purpose for which a lot or building is used.
PROFESSIONAL HOME OFFICEAn office maintained in a residential district incidental to and part of the residential detached dwelling on the lot. Such office shall be conducted solely by resident occupants of the detached dwelling except that no more than two persons not residents of the building may be employed and provided also that not more than 1/2 of the first floor area of such building shall be used for such purpose; that the gross floor areas for the residence shall remain at least as large as that required for a detached dwelling; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the professional office does not reduce the parking and yard requirements of the detached dwelling; and that there is no exterior evidence of the professional office other than one unlighted nameplate sign identifying the home office. (See §
168-27 for additional sign requirements.) For purposes of this chapter, professional home offices shall be limited to those of a doctor, dentist, architect, engineer, lawyer, real estate agent, insurance broker or accountant. Site plan review and approval shall be required.
PUBLIC AREAPublic parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.
PUBLIC DRAINAGEWAYThe land reserved or dedicated for the installation of stormwater sewers or drainage ditches or required along a natural stream or watercourse for preserving the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACEAn 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.
PUBLIC PURPOSE USESThe use of land or buildings by the governing body of the Borough of any officially created authority or agency thereof.
RESIDENTIAL DENSITYThe number of dwelling units per gross acre of residential land and area, including streets, easements and open space portions of a development.
RESTAURANTAny establishment, however designated, at which food is sold for consumption on the premises. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a restaurant.
RESTAURANT, DRIVE-INAny fast-food restaurant which also provides drive-in facilities which allow customers to be served directly from the building without leaving their automobiles.
RESTAURANT, FAST-FOODAny restaurant, refreshment stand, snack bar, dairy bar, hamburger stand or hot dog stand where food is served for consumption at counters, stools or bars inside or outside the building or for consumption in automobiles parked on the premises, whether brought to said automobiles by the customer or by employees of the restaurant, regardless of whether or not additional seats or other accommodations are provided for customers inside the building.
RESUBDIVISIONThe further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law; or the alteration of any streets or the establishment of any new streets within any subdivision previously made and approved or recorded according to law, but does not include conveyances so as to combine existing lots by deed or other instrument.
SCHOOLSAny nonprofit educational facility, including private schools, nursery schools, day-care facilities, elementary schools and high schools.
SERVICE STATIONLand and buildings providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs or painting or the storage of inoperable or wrecked vehicles shall be permitted.
SETBACK LINEA line drawn parallel with 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 setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line.
SIGNAny building, structure or device or portion thereof on which any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed in view of the general public, including flags and pennants.
SITE PLANA development plan of one or more lots on which is shown the existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, floodplains, marshes and waterways; the location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and any other information that may reasonably be required in order to make an informed determination pursuant to the Act.
SITE PLAN REVIEWThe examination of the specific development plan for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or the Board of Adjustment.
STORAGE SHED, PRIVATEAn accessory building or structure only for the storage of tools, implements, appliances and other items incidental to the care and upkeep of the dwelling unit or structure on the lot. Such sheds shall be constructed with a foundation to keep the building stationary and intact and shall be limited in size by the accessory building requirements of the individual districts.
STORYThat portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the space between the floor and the ceiling next above it. For the purposes of this chapter, the interior of the roof shall not be considered a ceiling. A half-story is the area under a pitched roof at the top of a building, the floor of which is at least four feet, but no more than six feet, below the plate.
STREETAny street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Planning Act (N.J.S.A. 40:55-1.1 et seq., as amended), or a street or way 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 to 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, sidewalks, park areas and other areas within the street lines.
STREET LINEThe edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
STRUCTUREAnything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including buildings, fences, tanks, towers, signs, advertising devices, swimming pools and tennis courts.
SWIMMING POOL, PORTABLEAny above-surface type of swimming pool constructed of canvas, rubber, plastic or other material, not designed or intended to be stationary or permanently fixed but designed and intended to be removed and stored.
SWIMMING POOL, PRIVATEAny private pool, whether permanently constructed or of the portable type, having a depth of more than 18 inches below the level of the surrounding land, or any above-surface pool having a depth of more than 18 inches, and in each case a surface area exceeding 100 square feet, designed, used and maintained for swimming or bathing purposes by an individual for use by members of his household and guests and located on the same lot as the residential structure to which it is accessory, including all buildings, structures, equipment and appurtenances thereto.
TRACTAn area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The land area may be divided by one existing public street and still be considered one tract.
VEHICLE, RECREATIONALA vehicular type of portable structure which may be towed, hauled or driven and which is primarily designed as a temporary living accommodation for recreational camping and travel, including, but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes. For purposes of regulating use, boats, motorcycles, ATVs, snow mobiles, and similar equipment, including the trailers used transport same, shall also be included. Recreational vehicles shall not exceed a gross weight of 15,000 pounds, or have a bumper-to-bumper length of 24 feet or a height (including trailer) of 10 feet measured to the top of the roof.
VEHICLES, COMMERCIALAny vehicle used or designed to be used for commercial purposes on the highways, roadways or in construction, whether or not said vehicle is registered as or bears commercial-type license plates. However, certain sedan delivery trucks or motor truck and certain commercial vehicles may be deemed passenger vehicles if such vehicles are commercial only because they are licensed as a commercial vehicle but otherwise would qualify as a passenger vehicle without reservation.
VEHICLES, MAJOR REPAIRIncludes rebuilding of engines and/or transmissions, installing axles, body work and vehicle painting. Typically not completed in a single day.
VEHICLES, MINOR REPAIRIncludes battery replacement, small part changes, tire repair, brake servicing, oil change, lubrication, engine tune-ups and minor routine maintenance. Typically same-day repair.
WADING POOLAny shallow pool or man-made body of water, not included under the definition of "private swimming pool."
YARD, FRONTAn open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally from a line drawn parallel to the center line of the street, said line being no closer at any point than 40 feet from the center line of an arterial street; 33 feet from the center line of a collector street; 28 feet from the center line of a primary local street; and 25 feet from the center line of a secondary local street. The minimum required front yard shall be the same as the required setback.
YARD, REARAn open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the point of tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required rear setback.
YARD, SIDEAn open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the point of tangent of curved lot lines.