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Teterboro City Zoning Code

ARTICLE II

Terminology

§ 185-3 Word usage; interpretation and application.

A. 
Construction.
(1) 
In the construction and interpretation of these regulations, the following provisions and rules shall be applied, except when the context clearly requires otherwise:
(a) 
Words used in the present tense shall include the future.
(b) 
Words in the singular number include the plural number, and words in the plural number include the singular number.
(c) 
The phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
(d) 
The word "shall" is mandatory.
(e) 
The word "may" is permissive.
(f) 
The word "person" includes individuals, firms, corporations, associations, governmental bodies and agencies and all other legal entities.
(g) 
Unless otherwise specified, all distances shall be measured horizontally.
(2) 
Any word or phrase which is defined in this subsection or elsewhere in these regulations shall have the meaning as so defined whenever the word or phrase is used in these regulations, unless such definition is expressly limited in its meaning or scope.
(3) 
Whenever a term is used in this chapter which is defined in Chapter 291 of the Laws of New Jersey, 1975 (N.J.S.A. 40:55D-1 et seq.), such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
[Added 7-13-1999 by Ord. No. 408]
B. 
Minimum requirements. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the promotion of the public health, safety, morals and welfare.
C. 
Overlapping or contradictory regulations. Where the conditions or regulations imposed by any provisions of these regulations upon the use of land or structures are either more restrictive or less restrictive than comparable conditions or regulations imposed by other provisions of these regulations, the conditions or regulations which are more restrictive shall govern.
D. 
Private agreements.
(1) 
These regulations are not intended to abrogate, annul or otherwise interfere with any existing easement, covenant or other legal relationship; provided, however, that where these regulations are more restrictive or impose higher standards or requirements than such easements, covenants or other private agreements or legal relationships, these regulations shall govern.
(2) 
No person shall hereafter create any easement, covenant or any other private agreement or legal relationship which is in conflict with these regulations.
E. 
Not a licensing regulation. Nothing contained in these regulations shall be deemed to be a consent, license or permit to use any property or to locate, construct or maintain any structure or facility or to carry on any trade, industry, occupations or activity.
F. 
Separability. It is hereby declared to be the intention of the Borough of Teterboro that several provisions of these regulations are separable, in accordance with the following rules:
(1) 
If any court of competent jurisdiction shall adjudge any provision of these regulations to be invalid, such judgment shall not affect any other provisions of these regulations.
(2) 
If any court of competent jurisdiction shall adjudge invalid the application of any provisions of these regulations to a particular property or structure, such judgment shall not affect the application of said provisions to any other property or structure.

§ 185-4 Definitions.

The following definitions shall be used in the construction and interpretation of these regulations:
ALLEY
A public way, other than a street, along the side of or in the rear of lots, that provides a secondary means of access to and from streets and such lots.
AUTOMOBILE SERVICE STATION
A structure and surrounding land used for the storage and sale of petroleum fuel primarily to motor vehicles and for accessory uses such as the sale of lubricants, accessories or supplies, the incidental washing of motor vehicles and the performing of minor repairs.
AWNING
A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements.
BUILDING
Any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind and which is permanently affixed to the land.
BUILDING AREA
The total ground area covered by enclosed building space, including covered parking spaces.
BUSINESS AND PROFESSIONAL OFFICE
The office of an engineer, doctor, dentist, attorney, real estate broker, insurance broker, architect or other similar professional person.
CANOPY
Any structure, movable or stationery, attached to and deriving its support from framework or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop or sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.
CAPACITY IN PERSONS
The maximum number of persons that can avail themselves of the services or goods of an establishment, at any one time, with reasonable comfort and safety.
DISTRICT
Any specially planned area or zone.
DUPLEX
A residential building containing two semidetached dwelling units.
DWELLING
A building or portion thereof, but not a mobile home, designed or used for residential occupancy.
DWELLING, SINGLE-FAMILY
A residential building containing one dwelling unit only.
DWELLING, TWO-FAMILY
A residential building containing two dwelling units only.
DWELLING UNIT
One or more rooms in a residential building or residential portion of a building which are arranged, designed or used or intended for use by one family and which includes cooking space and lawful sanitary facilities reserved for the occupants thereof.
FAMILY
Either an individual or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; or a group of not more than four persons who need not be related by blood, marriage or adoption, living together as a single housekeeping unit in a dwelling unit; plus, in either case, usual domestic servants. A family may include any number of gratuitous guests or minor children not related by blood, marriage or adoption.
FLOOR AREA
The sum of the horizontal areas on the several floors of a building or buildings, measured from the faces of the exterior walls.
FLOOR AREA RATIO (FAR)
The floor area ratio of the building or other structure on any lot is determined by dividing the floor area of such building or structure by the area of the lot on which such building or structure is located. When more than one building or structure is located on the lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot. The floor area ratio requirements, as set forth under each district, shall determine the maximum floor area allowable for a building or other structure (including both principal and accessory buildings) in direct ratio to the gross area of the lot.
GOVERNMENTAL USES
Uses operated by any governmental instrumentality having jurisdiction within the Borough of Teterboro.
INSTITUTIONAL USES
Public and private schools of any kind.
LANDSCAPING
The improvement of a lot, parcel or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds and ornamental objects such as fountains, statuary and other similar natural and artificial objects, designed and arranged to produce an aesthetically pleasing effect.
LOT
Land in any zone that is designated by its owner or developer which is to be used, developed or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:
A. 
A single lot of record;
B. 
A portion of a lot of record; or
C. 
A combination of complete lots of record, complete lots and portions of lots of record or portions of lots of record.
LOT AREA
The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT, CORNER
A lot having two or more front lot lines.
LOT COVERAGE
That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.
LOT DEPTH
The shortest line between any front and rear yard lot line.
LOT LINE
Lot boundary line. (See "lot line, front"; "lot line, rear"; and "lot line, side.")
LOT LINE, FRONT
A street, road or highway right-of-way line forming the boundary of a lot.
LOT LINE, REAR
The lot line that is most distant from and is, or is most nearly, parallel with the front lot line. If a rear lot line is less than 15 feet in length, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet in length, lying wholly within the lot, and parallel with the front lot line. If a lot has two or more front lot lines, the owner or developer shall designate the yard which is to be the rear yard.
LOT LINE, SIDE
A lot line which is neither a front lot line nor a rear lot line.
LOT SIZE REQUIREMENTS
Restrictions on the dimensions of lots, including minimum lot area, width and depth, which establish the size of the lot on which a structure or use, or two or more structures or uses, may be constructed or established in the zone.
LOTS OF RECORD
A lot which is part of a subdivision the plat of which has been recorded or a parcel of land the deed to which was recorded prior to the effective date of these regulations.
LOT WIDTH
The shortest line between any two side lot lines.
MAINTENANCE MOTOR FREIGHT TERMINAL
A building or area in which the semitrailers, including tractor and/or trailer units, and other trucks are parked, stored or serviced and where there is also the assembly and/or storage of materials and goods.
OUTDOOR STORAGE
The storage of goods and materials outside of any building or structure.
PARCEL
Where land has not been subdivided, an area designated in the site plan and upon which one use is located.
PLANNING BOARD
A board constituted according to the laws of New Jersey to ensure orderly community development.
PRINCIPAL STRUCTURE
A structure in which the principal use of the lot on which the structure is located is conducted.
PRINCIPAL USE
The main use of land or structures as distinguished from a subordinate or accessory use.
PUBLIC SEWER AND WATER SYSTEM
Any system, other than an individual septic tank or tile field, or individual well operated by a municipality or other governmental agency or a public utility for the disposal of wastes and the furnishing of water.
PUBLIC UTILITY USES, LIGHT
The following uses operated by any public utility authorized to do business in New Jersey: electric and telephone substations and distributional centers, gas regulator and meter stations and pumping stations.
REMODELING
Any change in a structure (other than incidental repairs and normal maintenance) which may prolong its useful life or the useful life of its supporting members, such as bearing walls or partitions, columns, beams, girders or foundations; or the removal of any portion of a structure.
REOCCUPIED USE
The commencement of a use which has been discontinued for at least six months.
RESIDENCE DISTRICT
Any district containing conforming residential uses.
RETAIL SALES
The sale of goods, merchandise and commodities for use or consumption.
SCREENING
Decorative fencing or evergreen or other vegetation maintained for the purpose of concealing from view the area behind such structures or evergreen or other vegetation. When fencing is used for screening, it shall not be less than six nor more than eight feet in height.
STRUCTURE
Anything built, constructed or erected with a fixed location on or below the ground or attached to something having a fixed location on the ground, including but not limited to buildings, radio towers, electric transmission towers or poles, fences and signs, but excluding walks, walkways, parking areas, driveways, streets and roads.
TRUCK DEPOT
Any facility or property where the storage, parking or garaging, whether indoors or outdoors, of trucks or other commercially used motor vehicles, is the principal use, with or without associated truck maintenance.
[Added 12-23-2019 by Ord. No. 605; amended 1-29-2020 by Ord. No. 605A]
USE
Any purpose for which a structure or a tract of land may be designed, arranged, intended, maintained or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a structure or on a tract of land.
VEHICULAR AREA
The total uncovered residential/commercial land area used for vehicular movement, transportation systems, parking and loading in the specially planned areas and the uncovered lot used for vehicular movement, parking and loading in the zones. Landscaping within the screening around parking and loading areas shall be considered part of the vehicular area.
WAREHOUSE
A building in which materials and goods are stored and/or assembled.
YARD
Open space on a lot which is unoccupied and unobstructed from its lowest level to the sky, except for the permitted obstructions listed in § 185-8G(1)(a).
YARD, FRONT
A yard extending along the full length of a front lot line and back to a line paralleling the front lot line and intersecting the front of the building at its farthest point from the front lot line. On a corner lot, each yard that abuts a front lot line shall be considered a front yard.
YARD, REAR
A yard extending along the full length of the rear lot line and forward to a line drawn parallel with the rear lot line and intersecting the back of the building at its farthest point from the rear lot line.
YARD, SIDE
A yard extending along a side lot line and to a line drawn parallel with the side lot line and intersecting the side of the building at its farthest point from the side lot line, but excluding any area encompassed within a front yard or rear yard.
ZONING MAP
The Official Zoning Map of the Borough of Teterboro.