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Woodcliff Lake City Zoning Code

ARTICLE II

Terminology

§ 380-4 Word usage.

For purposes of this chapter, unless the context clearly requires a different meaning, the following general terms shall be construed as follows:
A. 
The term "shall" has a mandatory connotation and the term "may" has a permissive connotation.
B. 
A term in the singular number includes the plural, and vice versa.
C. 
A term in the present, past or future tense includes either of the other two tenses.
D. 
The verb "use" includes the phrase "or designed, intended or arranged to be used."
E. 
The noun "use" shall include the actual intended occupancy or other employment of land or of a structure.
F. 
The term "person" shall include individual, firm, joint venture, association, partnership, syndicate, limited partnership, corporation, trust fiduciary and any form of business organization.

§ 380-5 Undefined terms.

Whenever in the administration of this chapter it shall be necessary or desirable to define a term that has not hereinbefore been defined, reference shall be made to the definition (if any) of such term in:
A. 
The Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
B. 
The State Uniform Construction Code Act and regulations promulgated thereunder.
C. 
The Code of the Borough of Woodcliff Lake, as amended from time to time.
D. 
The State of New Jersey Revised Statutes, Cumulative Supplement and New Jersey statutes.

§ 380-6 Definitions.

Wherever used in this chapter, the following terms shall have the respective meanings hereinafter set forth or indicated, unless the context otherwise requires:
ACCESSORY STRUCTURE
A subordinate building or structure on the same lot with the principal building or structure, occupied or devoted exclusively to a use customarily incidental to the principal use of the principal building or structure. Where an accessory structure is attached to a principal structure by a wall or roof, such accessory structure shall be considered part of the principal structure.
ACCESSORY USE
A use naturally and normally incident and subordinate to the principal use of the structure or lot.
AFFORDABLE HOUSING
Any housing unit with an acquisition price or rent level not exceeding the maximum resale or rent level for low- and moderate-income housing as set forth in N.J.A.C. 5:92-1.2.
[Added 11-15-1993 by Ord. No. 93-13]
AGE-RESTRICTED MULTIUNIT HOUSING
A building occupied, or intended to be occupied, as separate living quarters for a maximum of 12 dwelling units with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit. Each dwelling unit must be restricted in occupancy by bylaws, rules, regulations and restrictions of record for use only by permanent residents 55 years of age or older with the following exceptions:
[Added 9-6-2005 by Ord. No. 05-10]
A. 
A husband or wife under the age of 55 years who is residing with a spouse who is 55 years of age or over.
B. 
Unemancipated children 18 years old or over residing with their parents or parent where one of the parents with whom the child or children are residing is 55 years of age or over.
C. 
One adult under 55 years of age will be admitted as a permanent resident if it is established that the presence of such person is essential to the physical care of one of the adult occupants who shall be 55 years of age or older.
ALTERATION
As applied to a building or structure, any change, rearrangement, enlargement, reconstruction or extension of any part or exit facility or removal of a building from one location to another or change of use from one zoning classification to another.
BASEMENT
Any portion of a building, the floor of which at any point is below the finished grade of the lot, whether or not occupied.
BLOCK
That property abutting on one side of a street and lying between the two nearest intersecting or intercepting streets or nearest intersecting or intercepting street and railroad right-of-way, parking boundary or waterway.
BOARDINGHOUSE and ROOMING HOUSE
A. 
BOARDINGHOUSEAny building, together with any related structure, accessory building, any land appurtenant thereto and any part thereof which contains:
[Amended 11-4-2009 by Ord. No. 09-16; 7-11-2016 by Ord. No. 16-11]
(1) 
Two or more units of dwelling space arranged or intended for single-room occupancy, exclusive of any such unit occupied by an owner or operator, and wherein personal or financial services are provided to the residents, including any residential hotel or congregate living arrangement, but excluding any hotel, motel or established guesthouse wherein a minimum of 85% of the units of dwelling space are regularly offered to the general public for limited tenure only.
(2) 
Any resource home as defined in Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1).
(3) 
Any community residence for the developmentally disabled as defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).
(4) 
Any dormitory owned or operated on behalf of any private corporation.
(5) 
Any dormitory owned or operated on behalf of any nonprofit institution.
(6) 
Any dormitory owned or operated on behalf of any nonprofit institution of primary, secondary, higher or other education for the use of its students.
(7) 
Any building arranged for single-room occupancy wherein the units of dwelling space are occupied exclusively by students enrolled in a full-time course of study at an institution of higher education approved by the Department of Higher Education.
(8) 
Any facility or living arrangement operated by or under contract with any state department or agency, upon the written authorization of the Commissioner.
B. 
ROOMING HOUSEA boardinghouse wherein no personal or financial services are provided to the residents.
BUFFER AREA
An area consisting of either fencing or evergreens or other landscaping elements, or both, determined suitable by the Board having jurisdiction over the application to screen a property containing nonresidential use from a property containing a residential use or located in a residential zone. Buffer areas shall not contain any building, driveway or parking areas.
BUILDING
Any temporary or permanent structure, finished wall or enclosure built either above or below the ground. When such structure is divided into separate parts by unpierced walls extending from the ground upward, each part is deemed to be a separate building. Building shall also include any structure having a roof supported by columns, piers or walls, including tents, trailers or other structures on wheels or having other supports, or any unroofed platform, terrace, deck, patio or porch.
[Amended 1-2-2001 by Ord. No. 00-7]
BUILDING AREA
The maximum horizontal projected area of the building, including roofed-over porches or similar extensions of a building. Any eave or similar projection in excess of four inches shall be considered as part of the building for computation of front, side and rear yards and building coverage and total surface coverage.
BUILDING HEIGHT, RESIDENTIAL AND NONRESIDENTIAL
The vertical distance from the average natural grade of the lot adjacent to the perimeter of the building to the highest point of the building. Natural grade of a lot shall be determined by averaging the natural grade adjacent to the perimeter of the building at points 10 feet apart starting at the lowest elevation. Chimneys shall not be considered the highest point of a building unless they extend greater than four feet higher than the highest point of a building, in which event they shall be considered the highest point of a building.
[Amended 7-1-1996 by Ord. No. 96-3]
BUILDING LINE
A line extended from any wall of a structure and parallel with that wall and shall include the entire wall. If projections occur along the wall, then the projection shall be included within the building line.
CENTER LINE
A line midway between the property lines on opposite sides of the street.
CHILD DAY-CARE CENTER
A facility providing limited daytime care for children during regular hours of employment.
[Added 9-15-1997 by Ord. No. 97-3]
COAH
The New Jersey Council on Affordable Housing.
[Added 11-15-1993 by Ord. No. 93-13]
CONDITIONAL USE
A 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 chapter and upon the issuance of an authorization therefor by the Planning Board.
CORNER LOT
Any lot at the junction of and fronting on two or more intersecting streets.
COVERAGE
A. 
BUILDINGThe percentage of lot area covered by the aggregate of the principal and all accessory building areas.
B. 
TOTAL SURFACEThe percentage of lot area covered by the aggregate of building coverage and all surfaced areas, including tennis courts, swimming pools or any other recreational structures, whether or not any of the foregoing have an impervious surface. For purposes of determining total surface coverage, driveways, patios, decks and driveways, whether or not paved by way of macadam, concrete, bricks or other types of paving stones or blocks or surfaced with stones or gravel or left in a natural state, shall be included in such computation.
CURB LEVEL
The mean level of the existing curb or of the lot at the street line.
DENSITY
Density shall be defined in the ARHO District as the permitted number of dwelling units per gross area of land to be developed. The provisions of § 380-10 of this chapter shall apply in computing lot area for the purpose of calculating density.
[Added 9-6-2005 by Ord. No. 05-10]
DEVELOPMENT FEES
Money paid by an individual, person, partnership, association, company or corporation for the improvement of property as permitted in COAH's rules.
[Added 11-15-1993 by Ord. No. 93-13]
DRIVEWAY
An area leading from a public or private street into any property used especially by automobiles.
DWELLING (SINGLE-FAMILY)
A detached building designed for and occupied by one family.
EQUALIZED ASSESSED VALUE
The value of a property determined by the Municipal Tax Assessor through a process designed to ensure that all property in the municipality is assessed at the same assessment ratio or ratios required by law. Estimates at the time of building permit may be obtained by the Tax Assessor utilizing estimates for construction cost. Final equalized assessed value will be determined at project completion by the Municipal Tax Assessor.
[Added 11-15-1993 by Ord. No. 93-13]
FAMILY
Persons occupying a single-family dwelling, who are either related by blood or marriage or living as a single, nonprofit housekeeping unit. Servants or other household employees, a condition of whose employment is that they reside with their employer, shall be considered to be a member of the family, provided that such employees' living quarters do not have separate housekeeping provisions.
FARM
The use of land or premises for the commercial cultivation of agricultural foods, plants, flowers, trees and shrubs or the commercial husbandry of horses, dairy cows or cattle or sheep, provided that such operations do not involve, in any manner, animal boarding or rental of such animals.
FLOOR AREA
A. 
GROSSThe total floor area of a building measured to outside of the exterior walls.
B. 
NETThe floor area within a building, exclusive of corridors, storage rooms, mechanical equipment areas such as furnace and air conditioning areas, washrooms, basements which are not occupied, porches, breezeways and garages, measured to the inside of all walls.
FLOOR AREA RATIO (FAR)
The sum of the area of all floors of all buildings and structures (except those portions of parking structures used solely for parking purposes) compared to the total area of the site.
[Added 4-18-2005 by Ord. No. 05-04]
FRONT YARD
That unoccupied portion of a lot, tract or parcel of land which fronts upon a public street between the street line and the parts of the principal building nearest thereto measured parallel to and at right angles to the front lot line. In the event that such lot, tract or parcel is bounded by a public street on more than one side, the front yard shall be deemed to be the street on which the building faces, whether or not containing the front entrance to such building, and if none, then, the side of such public street which shall have the longest length.
FULL-SERVICE KITCHEN
An indoor area for food preparation containing any one of the following: dishwasher, stove, or range.
[Added 5-3-2021 by Ord. No. 21-08]
GARAGE, ACCESSORY
An accessory building or part of a main building used for the storage of not more than four motor vehicles.
GASOLINE SERVICE STATION
A business establishment which conducts any one or more of the following activities: sale or supply of motor fuel and/or lubricants directly to motor vehicles from a pump or pumps located outside of a building; service and/or repair of licensed or registered vehicles; inspections, as required by law; and/or the sale of tires, batteries and/or other automobile parts and accessories.
GRADE
A reference plane at the curb level on a level lot, and where any portion of a lot is higher or lower than the curb level, the natural lot level at the time of application.
GRADE, AVERAGE, NATURAL AND FINISHED
[Amended 7-1-1996 by Ord. No. 96-3]
A. 
AVERAGE NATURAL GRADEAverage natural grade of a residential or nonresidential lot shall be determined by averaging the natural grade adjacent to the perimeter of the building at points 10 feet apart, with the beginning point being the lowest elevation of grade as of January 1, 1996, or, in the event that a lower elevation of grade prior to January 1, 1996, is known by topographical survey or documentation on file, the prior elevation shall be used.
B. 
NATURAL GRADEThe existing grade as of January 1, 1996, or, in the event that a lower elevation of grade prior to January 1, 1996, is known by topographical survey or documentation on file, the prior elevation shall be used.
C. 
FINISHED GRADEThe grade after completion of all improvements.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the several floors of a building or structure from the exterior face of exterior walls or from the center line of a wall separating two buildings.
[Added 4-18-2005 by Ord. No. 05-04]
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which have been formally designated in the Master Plan as being of historical, archaeological, cultural, scenic or architectural significance.
HOTEL
A building used for the shelter and accommodation of more than two transient or permanent guests for profit.
INCIDENTAL HOME PROFESSION OR OCCUPATION
Any use conducted entirely within a dwelling and carried on by the occupants thereof as a conditional use, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes; and subject to the conditional use requirements set forth in § 380-13.
INTERIOR LOT
Any lot other than a corner lot.
INTERSECTING STREET
A street which crosses another street.
JUDGMENT OF REPOSE
A judgment issued by the Superior Court approving a municipality's plan to satisfy its fair share obligation.
[Added 11-15-1993 by Ord. No. 93-13]
LOT
A separate parcel of land, the location, dimensions and boundaries of which are established as permitted by law as reflected by the latest official records, to be used, developed or built upon as a unit. The word "lot" is synonymous with "plot."
LOT AREA
The total square footage included within the lot lines.
LOT DEPTH
A mean distance between the front and the rear lot lines, measured in the general direction of its side lot lines.
LOT FRONTAGE
The width of a lot, measured from point to point where the side lines meet the abutting street and if on a curve, measured at the chord distance. In the event that the frontage of a lot is on a cul-de-sac, the frontage shall be determined as the chord distance measured at the setback line.
LOT LINE
A boundary line of a lot other than the street line.
LOT WIDTH
The width of a lot measured at right angles to the depth of a lot at the building setback line.
NONCONFORMING LOT
A lot, the area, dimension or location of which was permitted by ordinance prior to the adoption, revision or amendment of this chapter or currently fails in any way to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was permitted by ordinance prior to the adoption, revision or amendment of this chapter or 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 USE
A use or activity which was not prohibited by ordinance prior to the adoption, revision or amendment of this chapter or which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NURSERY SCHOOL
An organization, the function and purpose of which is to provide a structured educational or supervisory program for children of preelementary school age, which is staffed and equipped therefor in compliance with applicable requirements of law and which maintains a regular schedule of attendance for enrollees.
NURSING HOME
A facility for medical or convalescent care of patients or the elderly with full supervision and meeting the State of New Jersey requirements for nursing homes.
OCCUPIED or USED
As applied to any building or structure, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
OPEN SPACE
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public use or enjoyment, provided that such areas may be improved with only those buildings, structures, streets and off-street parking and other improvements that are designed to be incidental to the natural openness of the land.
PARKING SPACE
A mandatory off-street space required for the parking of one motor vehicle and having dimensions of not less than 10 feet by 20 feet, exclusive of passageways and driveways appurtenant thereto, giving access thereto and having access to a street.
PARKING STRUCTURE
A building or structure detached or a portion of a principal building, consisting of one or more level(s) or a portion of any level, designated to be used for the parking and storage of motor vehicles, and in which no business, occupation or other use may be conducted except in such portion of any level as may be approved by the Planning Board.
[Added 4-18-2005 by Ord. No. 05-04]
PERSON
Includes an individual, firm, joint venture, partnership, fiduciary, corporation, association, trust, syndicate or any other form of business organization.
PLANNED OFFICE DEVELOPMENT
An area comprised of a minimum contiguous size of 80 acres, to be planned, developed, operated and maintained as a single entity, and containing one or more structures to accommodate office uses and appurtenant common areas and accessory uses incidental to the predominant use. Special attention shall be given to off-site traffic and circulation, site ingress and egress, on-site parking and circulation, utilities, stormwater management, landscaping, lighting, signage, architectural design and aesthetics, and overall site development compatibility with the surrounding area.
[Added 4-18-2005 by Ord. No. 05-04]
RETAIL ESTABLISHMENT
An establishment selling goods or equipment in small parcels or quantities directly to consumers.
SATELLITE EARTH STATION ANTENNA
Any apparatus which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals, with the exception of conventional television or radio antennas, as regulated by the provisions of Chapter 275, Satellite Earth Station Antennas, of the Code of the Borough of Woodcliff Lake.[1]
SERVICE ESTABLISHMENT
An establishment which renders a service to another not involving the use of mechanical or other related equipment on the premises.
SETBACK
That area of a lot in which a building or structure is prohibited or in which a building, structure or a use is restricted or conditioned.
SINGLE USER
A business entity or related business entities occupying an office building or structure or group of buildings and structures.
STORY
That part of a building included between any floor and the floor or ceiling next above. A basement which extends to a height of less than four feet above grade shall not be counted in determining the number of stories. A "half story" is that portion of a building situated above a full story and having at least two opposite exterior walls meeting a sloping roof at a level not higher above the floor than five feet; or a portion of a building below a full story and at least more than halfway below grade. Where one or more walls are completely below grade, the area will not be counted as a story.
STREET
Any road, avenue, lane or other way commonly used by the public for vehicular and/or pedestrian purposes.
STREET LINE
The dividing line between a lot and a street.
STRUCTURE
Any combination of materials to form a construction for occupancy, use or ornamentation, either permanent or temporary, and whether installed on, above or below the surface of a lot or attached to an object so located, including but not limited to private tennis courts, paddle ball courts, platform tennis courts, swimming pools, patios and decks and other recreational facilities accessory to the principal use of the lot; provided, however, that retaining walls without attachments or lighting, sidewalks, curbs, mailboxes and mailbox support structures, entrance piers, to a maximum of 48 inches in height, and landscaping normally and customarily incidental to the principal use of the lot shall not be deemed structures.
[Amended 1-2-2001 by Ord. No. 00-7; 12-2-2002 by Ord. No. 02-15; 10-16-2006 by Ord. No. 06-08]
SUBSTANTIVE CERTIFICATION
A determination by the Council approving a municipality's housing element and fair share plan in accordance with the provisions of the Act and the rules and criteria as set forth herein. A grant of substantive certification shall be valid for a period of six years in accordance with the terms and conditions contained therein.
[Added 11-15-1993 by Ord. No. 93-13]
USE
A specific purpose for which a lot or a building is designed, arranged or intended or for which it is or may be occupied or maintained.
USE, PRINCIPAL
The specific purpose for which a lot or building is designed, arranged or intended or for which it is or may be occupied or maintained.
WHOLESALE
The sale of goods or equipment in large parcels or quantities generally to retailers who in turn sell to consumers.
YARD, FRONT
The unoccupied area extending across the width of the lot and lying between the street line of the lot and parts of the principal building and/or structure nearest thereto, measured parallel to the front property line.
[Amended 12-2-2002 by Ord. No. 02-15]
YARD, REAR
The area extending across the width of the lot and lying between the rear line of the lot and the parts of the principal building and/or structure nearest thereto, measured parallel to the rear property line.
[Amended 1-2-2001 by Ord. No. 00-7; 12-2-2002 by Ord. No. 02-15]
YARD, SIDE
The unoccupied area between the side line of the lot and the parts of the building and/or structure nearest thereto extending from the front yard to the rear yard or, in the absence of either such yard, to the front rear lot line, as may be appropriate, measured parallel to the side lot line.
[Amended 12-2-2002 by Ord. No. 02-15]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).