B.
Word usage. All words used in the present tense include
the future tense; all words in the plural number include the singular
number, and all words in the singular number include the plural number,
unless the natural construction of the wording indicates otherwise.
Unless otherwise specified, all distances shall be measured horizontally.
The word "structure" includes the word "building"; the word "lot"
includes the word "plot"; the word "used" shall be deemed also to
include "occupied"; the term "erected" shall be deemed also to include
"constructed," "structurally altered," "enlarged" or "moved"; and
the word "shall" is mandatory and not directory. The word "Borough"
means the "Borough of Totowa, Passaic County, State of New Jersey."
The terms "Mayor and Council," "Board of Adjustment," "Planning Board"
and "Zoning Officer" mean the respective Boards and officers of said
Borough. The term "Board" shall refer to either the Planning Board
or the Zoning Board of Adjustment. The word "person" shall be deemed
to include "persons, corporations or partnerships," where appropriate.
As used in this chapter, the following terms
shall have the meanings indicated:
The term applied to a building, structure or use which is
clearly incidental or subordinate to the principal building or use
and located on the same lot with such principal building or use. Any
accessory building attached to a principal building is deemed to be
a part of such principal building in applying the bulk regulations
to such accessory building.
The Zoning Officer of the Borough of Totowa.
Housing subject to the regulations of the New Jersey Council
on Affordable Housing.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities; or an enlargement,
whether by extending on a side or by increasing in height; or the
moving from one location or position to another.
A building of not more than eight stories, nor fewer than
three stories, designed to house not fewer than four independent dwelling
units on each floor.
A developer submitting an application for development or
for a permit required in accordance with this chapter.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to N.J.S.A. 40:55D-34 or 40:55D-36.
The Municipal Planning Board unless a different agency is
designated by ordinance when acting pursuant to the authority of N.J.S.A.
40:55D-1 et seq.
The area directly under the roof where less than 25% of the
floor area has a clear height of at least seven feet, where windows
are lacking or where the area is otherwise considered uninhabitable
by state or local code.
A building or portion thereof where automobiles are washed
with the use of a chain conveyor and blower or steam cleaning device.
A story partly underground, but having at least 1/2 of its
clear height above the average level of the adjoining finished grade.
That property abutting on one side of a street and lying
between the two nearest intersecting and intercepting streets or railroad
rights-of-way, park boundaries or waterways.
The Planning Board or Board of Adjustment of the Borough
of Totowa.
Any dwelling or part of a dwelling occupied by five or more
unrelated persons not meeting the definition of "family."
[Amended 6-28-2005 by Ord. No. 19-2005]
A landscaped area containing vegetation, fences, walls, landforms
and such designed to separate and screen different types of uses.
Any 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.
The total of areas of outside dimensions on a horizontal
plane and ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces or steps having
vertical faces, which at all points are less than three feet above
the level of the ground.
A building separated on all sides from the adjacent open
space, or from other buildings or other structures, by a permanent
roof and by exterior walls or party walls, pierced only by windows
and normal entrance or exit doors.
A building surrounded by open space on the same lot.
The vertical distance from the mean grade measured 10 feet
from the front of the building to highest ridge or roof beams which
shall exclude built-up planters. For the purposes of measuring building
height on any lot that has been regraded to add fill to the predisturbed
grade at the building wall, the height of the building shall be measured
from the predisturbed grade. The building height measurement for sites
that have been lowered in grade from predisturbed grade at the building
wall shall be measured from the proposed grade.
[Amended 5-13-2014 by Ord. No. 08-2014]
A nonaccessory building in which a principal use of the lot
on which it is located is conducted.
The volume and the shape of a building or of a nonbuilding
use in relation to lot lines, center lines of streets, other buildings
and all open spaces appurtenant to a building or a nonbuilding use.
That part of a building or nonbuilding use which does not
conform to one or more of the applicable bulk regulations prescribing
the maximum floor area ratio, maximum height per foot of distance
from each lot line, length or height of a building or nonbuilding
use, or the minimum lot area per dwelling unit, lot frontage, yards,
courts, required spacing between detached buildings on the same lot
and usable open space on the lot for the district in which such building
or nonbuilding use is located.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining finished grade
or having less than four feet of its clear height above the average
level of the adjoining finished grade.
A certificate issued by the Construction Official upon completion
of construction and/or alteration of any building; or change in use
of any building; or change in occupancy of a nonresidential building.
Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Board of
Adjustment or Planning Board and/or all other applicable requirements.
The use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured and the like, including a change from one permitted
use to another kind of permitted use in the same zone, as well as
any change in activity which will change, alter, enlarge or affect
drainage, traffic, parking, sidewalks, paving, landscaping, fencing,
sanitary disposal or other similar considerations under the site plan
review requirements.
Any community residential facility housing no more than 15
developmentally disabled persons which provides food, shelter and
personal guidance for developmentally disabled persons who require
assistance, temporarily or permanently, in order to live independently
in the community. Such residences shall not be considered health-care
facilities within the meaning of the Health Care Facilities Planning
Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.).
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children to such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
The person appointed pursuant to that section of the Code
of the Borough of Totowa, New Jersey, establishing a State Uniform
Construction Code enforcing agency.
That percentage of the plot or lot area covered by the building
area.
The permitted number of dwelling units per gross acre of
land to be developed.
A man-made or natural water collection facility designed
to collect surface and subsurface water in order to impede its flow
and to release the same gradually at a rate not greater than that
prior to the development of the property, into natural or man-made
outlets.
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution to maintain the integrity of stream channels for
their biological functions as well as for drainage and the means necessary
for water supply preservation or prevention or alleviation of flooding.
Any component of the drainage system.
The lands required 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 therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1 et seq.
The system through which water flows from the land, including
all watercourses, water bodies and wetlands.
A building or portion thereof, but not an automobile house
trailer, designed or used exclusively for residential occupancy, including
one-family dwellings, two-family dwellings and multiple-family dwellings,
but not including hotels and motels.
A building or portion thereof containing three or more dwelling
units.
A building designed or used exclusively for occupancy by
one family, and includes one-family detached dwellings and group houses.
A building containing two or more dwelling units, each dwelling
unit separated by vertical party walls, separate and apart, each having
direct access to the outside and the street without use of a common
hall or passageway.
A building designed or used exclusively for occupancy by
two families.
A building or entirely self-contained portion thereof intended
or designed for the nontransient residential use of one family and
including complete, permanent and separate kitchen and bathroom facilities.
Evidence of self-containment will include complete physical separation
from other dwelling units; lockable doors; security separation from
other dwelling units; access directly to unit, not through other units;
payment of rental or utility costs; and separate service for utilities,
mail, telephone and cable television. No dwelling unit shall be allowed
which consists solely and totally of living space within the cellar,
basement or attic.
A right granted, but not dedicated, for the limited and defined
use of private land for a public or quasi-public purpose and within
which the owner of the property is restricted by the terms of the
easement.
A married couple, their children (natural or adopted) and
the mother and/or father of the married couple; a single person, his
or her children (natural or adopted) and his or her mother and/or
father; or two individuals whose relationship is of a permanent and
domestic character, their children (natural or adopted) and the mother
and/or father of either or both individuals.
[Amended 3-9-2004 by Ord. No. 03-2004]
Any artificially constructed barrier of wood, masonry, stone,
wire, plastic, metal or any other manufactured material or combination
of these materials, erected or planted for the enclosure of land and
dividing one piece from another.
Any use of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles, and which may include facilities
used or designed to be used for polishing, greasing, washing, dry
cleaning or otherwise cleaning or servicing such motor vehicles.
The official action of the Board 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 guarantees properly posted for
their completion, or approval conditioned upon the posting of such
guarantees.
The final map of all or a portion of the site plan or subdivision
which is presented to the Board for final approval in accordance with
the provisions of this chapter and which, if approved, shall be filed
with the proper county office.
The floodway and flood-fringe areas determined by the New
Jersey Department of Environmental Protection under § 4
of the Flood Hazard Areas Control Act (P.L. 1979, c. 359).[1]
The flood hazard areas of delineated streams and areas inundated
by the one-hundred-year flood in nondelineated areas.
The channel of a natural stream and portions of the flood
hazard areas adjoining the channel, which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream.
The sum of the gross horizontal areas of the several floors
of a building or buildings and its accessory building(s) on the same
lot, except that in residential buildings the cellar, basement and
attic floor area not devoted to residential use shall be excluded,
but the area of roofed porches and roofed terraces shall be included.
All dimensions shall be measured between exterior faces of walls.
The floor area of all buildings on a lot, divided by the
area of such lot.
An enclosed space for the storage of one or more motor vehicles,
provided that no business occupation or service is conducted for profit
therein nor space therein for more than one car is rented to a nonresident
of the premises.
Any garage other than a private garage, available to the
public, operated for gain, and which is used for storage, repair,
rental, greasing, washing, servicing, adjusting or equipping of automobiles
or other motor vehicles.
The completed surfaces of lawns, walks and roads brought
to grades as shown on approval plans relating thereto.
The receipt, modification, repackaging, storage or distribution
of items and materials which are or become corporate products.
[Added 1-28-1997 by Ord. No. 2-97]
A building which has a common entrance or entrances and contains
living and sleeping accommodations for 10 or more persons, for hire.
Any portable or mobile structure or vehicle used as a dwelling
unit or for sleeping purposes or for the conduct of business, whether
or not such vehicle or structure is attached to a foundation.
The percentage of the lot area which is improved or is proposed
to be improved, including but not limited to driveways, parking lots,
pedestrian walkways, patios, terraces, gravel pathways, pavers and
other man-made improvements that cover the ground surface and are
more impervious than the natural ground surface, exclusive of buildings
and structures.
[Added 5-9-2006 by Ord. No. 08-2006]
An area of land, with or without buildings, used for or occupied
by a deposit, collection or the storage, outside of a completely enclosed
building, of used and discarded materials such as wastepaper, rags
or scrap metal, used building materials, house furnishings, machinery,
vehicles or parts thereof, etc., with or without the dismantling,
processing, salvage sale or other use or disposition of the same.
A deposit or the storage on a lot of two or more wrecked or broken-down
vehicles or parts of two or more such vehicles for one month or more
in an residential district or for three months or more in any other
district in the Borough shall be deemed to be a junkyard.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials.
Such space must have clear means of ingress and egress to a public
street at all times.
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The mean horizontal distance between the front and rear lot
lines.
The horizontal distance measured along the full length of
the front lot line. In no case shall this distance be less than 50
feet in any district.
A boundary line of a lot.
That boundary of a lot which is along an existing or dedicated
public street or, where no public street exists, is along a public
way. The owner of a corner lot may select either street lot line as
the "front lot line."
That boundary of a lot which is most distant from and is
most nearly parallel to the front lot line.
Any boundary of a lot which is not a front lot line or a
rear lot line.
The straight-line distance between points on opposite side
lot lines measured at the front yard setback line.
Any security, other than cash, which may be accepted by the
Borough for the maintenance of any improvements required by N.J.S.A.
40:55D-1 et seq. and this chapter.
A development plan for one or more lots not classified as
a minor site plan.
All subdivisions not classified as minor subdivisions.
A composite of the mapped and written proposals recommending
the physical development of the Borough which shall have been duly
adopted by the Planning Board.
A development plan not involving any new buildings, any additions
to an existing building or any on-site improvements.
Any subdivision containing not more than three lots, including
the remaining land fronting on an existing minor street, not involving
any new street or road or the extension of municipal facilities and
not adversely affecting the development of the remainder of the parcel
or adjoining property and not in conflict with any provision or portion
of the Master Plan, Official Map, zoning or other provisions of this
chapter.
An area with a specified minimum contiguous acreage to be
developed as a single entity according to a plan containing one or
more residential clusters, which may include appropriate accessory
or public or quasi-public uses, all primarily for the benefit of the
residential development.
A use, generally a principal use of land, to which the buildings
on the lot, if any, are accessory, such as an open storage yard for
materials or equipment and on which the buildings, if any, may be
used:
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this Zoning Ordinance,
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.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this Zoning
Ordinance, 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.
Any use of land, buildings or structures which was lawful
prior to the adoption, revision or amendment of this Zoning Ordinance,
but which does not now comply with all of the regulations of this
chapter governing use for the zoning district in which such use is
located.
Any structure licensed by the State of New Jersey to operate
as a nursing home.
A school operated on a regular basis designed to provide
daytime care or instruction for two or more children too young to
enter public school.
A map adopted in accordance with N.J.S.A. 40:55D-32 through
40:55D-36. Such map shall be deemed to be conclusive with respect
to the location and width of the streets, public parks and playgrounds
and drainage rights-of-way shown thereon.
The keeping overnight of any item, not a structure, which is not in a completely enclosed building, except commercial vehicles as regulated by § 415-103C(6) and (7) and private passenger motor vehicles in operating condition and with license plates attached; as an accessory use to the residence only, toys, bicycles, garden equipment and similar customary appurtenances of residential living; as an accessory use to a residence, boats and similar waterborne vehicles.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
sought to be developed to commence and maintain proceedings to develop
the same under this chapter.
An off-street space accessible and usable for the parking
of one motor vehicle exclusive of passageways and aisles appurtenant
thereto.
A criterion established to control noise, odor, smoke, toxic
or noxious matter, vibration, fire and explosive hazards and glare
or heat generated by or inherent in uses of land or buildings.
Any security which may be accepted in lieu of a requirement
that certain improvements be made before the Board or other approving
body approves a plat, including performance bonds, escrow agreements
and other similar collateral or surety agreements.
The map of a subdivision or site plan.
The preliminary map indicating the proposed layout of the
subdivision which is submitted to the Borough for consideration and
approval and meeting the requirements of this chapter.
The replenishment of underground water reserves.
An establishment at which food and drink are sold for consumption
on the premises where patrons are seated within an enclosed building
and served by waiters/waitresses.
Any person 62 years of age or older.
A multifamily dwelling designed for occupancy by senior citizens.
As a conditional use in the B-2 Zone only, a group of at
least six stores or retail outlets which may be housed in one or more
structures on the same lot.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public
or attracting public attention to an establishment or premises. The
word "sign" includes the word "billboard," but does not include the
flag, pennant or the insignia of any nation, state, city or other
political unit or of any political, educational, charitable, philanthropic,
civic, professional, religious or like campaign, drive, movement or
event.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
on the premises and only incidentally on the premises, if at all.
The area within the shortest line that can be drawn around
the outside perimeter of a sign, including all decorations but excluding
supports, if any, unless said supports are illuminated. In computing
the area of a sign, the area of all faces of such sign shall be included.
A neon tube, a string of incandescent lights or similar device outlining
any part of a building or hung upon any part of a building or lot
shall be deemed to have a minimum dimension of one foot.
A sign which directs attention to a business or profession
conducted on the premises.
A 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
and screening devices.
Any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter.
The sketch map of a development of sufficient accuracy to
be used for the purpose of discussion and classification and meeting
the requirements of this chapter.
An establishment which serves food prepared to order for
consumption off the premises, having no facilities for on-site consumption
but may have a waiting area; including but not limited to Chinese
food, pizza, deli and bagel stores.
Flow on the surface of the ground resulting from precipitation.
That portion of a building included between the surface of
any floor and the surface of the floor next above or, if there is
no floor above the space between the floor and the ceiling next above.
A basement shall be counted as a "story" for the purposes of this
chapter.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or Borough roadway,
or a street or way shown upon a plat heretofore approved pursuant
to law or approved by official action; 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, parking areas and other areas
within the street lines. For the purpose of this chapter, "streets"
shall be classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
MINOR STREETSThose which are used primarily for access to the abutting properties.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor ways which are used primarily for vehicular service access to the back or the side of properties otherwise abutting on a street.
CULS-DE-SACAny street having only one point of ingress/egress, to be measured from that single access point to its furthest extreme end.
A boundary line of a dedicated street; a lot line coinciding
with such line.
Altered by any change in or addition to the supporting members
of a structure.
Any combination of materials forming any construction, the
use of which requires location on the ground or attachment to something
having location on the ground, excluding vehicles.
Any individual, firm, association, syndicate, copartnership,
corporation, trust or any other legal entity commencing proceedings
under this chapter to effect a subdivision of land hereunder for himself
or for another.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development.
The following shall not be considered "subdivision"
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate
provisions.
Division of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons and
all of which are found and certified to conform to the requirements
of the development regulations contained in this chapter for frontage
on an improved street, zoning district regulations and for design
standards and improvement specifications; and further provided that
each lot, tract or parcel of land is shown and designated as separate
lots, tracts or parcels of land shown on the official Tax Map of the
Borough which are owned by the same person or persons but which individually
do not conform to the zoning district regulations and/or which do
not meet the required frontage on an improved street shall be treated
under this chapter as a single parcel of land no portion of which
may be conveyed without subdivision approval as prescribed by this
chapter.
The term "subdivision" shall also include the
term "resubdivision."
A committee of at least three Planning Board members which
may be appointed by the Chairman of the Board for the purpose of classifying
subdivisions in accordance with the provisions of this chapter and
having such other duties relating to land subdivision as may be conferred
on this Committee by the Board.
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, designed and constructed for travel and recreational
purposes.[2]
Any premises where one or more trailers are parked or any
premises used or held out for the purpose of supplying to the public
a parking place for trailers.
Any use designated as allowed by right in this chapter shall
be permitted, and all required certificates and permits shall be issued
without any administrative discretion on the part of any elected or
appointed official or duly constituted board, provided that the use
complies with all requirements of this chapter.
The specified purpose for which land or a building is designed,
arranged or intended, or for which it is or may be occupied or maintained.
Space to be leased for the storage of items or materials
for separate entities.
[Added 1-28-1997 by Ord. No. 2-97]
The space on a lot extending along a lot line between such
lot line and a principal building or buildings or nonbuilding use
occupying such lot.
A yard extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of the lot. The depth of the front yard shall be measured
between the front line of the building and the street line. Covered
porches, whether enclosed or unenclosed, shall be considered as part
of the main building and shall not project into a required front yard.
A yard extending the full width of the lot and situated between
the rear line of the building and the rear line of the lot.
A yard situated between the building and the side line of
the lot extending from the front yard to the rear yard.
The administrative officer as defined by this chapter and
the Borough official responsible for the enforcement of this chapter.
The Zoning Officer shall be appointed by the Mayor and Council.
