A.
Word usage. Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the meanings herein indicated.
Words used in the present tense include the future; the singular number
includes the plural, and the plural the singular; the word "person"
includes a corporation as well as an individual; the word "lot" includes
the word "plot"; the word "dwelling" includes the word "residence."
The term "occupied" or "used" as applied to any building shall be
construed as though followed by the words "or intended, arranged,
constructed, altered, converted, rented, leased or designed to be
occupied or used." The word "shall" is mandatory and not discretionary.
B.
ACCESSORY BUILDING
ACCESSORY STRUCTURE
ACCESSORY USE
ADVERTISE
ALTERATION
ATTIC
AWNING
BASEMENT
BEDROOM
BILLBOARD
BUFFER AREA
BUILDING
BUILDING AREA
BUILDING HEIGHT
BUILDING HEIGHT, ACCESSORY
BUILDING HEIGHT, PRINCIPAL
BUILDING LINE
BUILDING, PRINCIPAL
BUSINESS
CANOPY or MARQUEE
CELLAR
CERTIFICATE OF OCCUPANCY
CLUB
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
CONDITIONAL USE
CONDITIONAL USE PERMIT
COVERAGE, LOT
DELICATESSEN
DEVELOPMENTALLY DISABLED PERSON
DIRECTIONAL SIGN
DISTRICT
DRIVEWAY
DWELLING
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNIT
ELECTRONIC PET CONTAINMENT SYSTEM
ERECT
FAMILY
FAST-FOOD RESTAURANT
FENCE
FENCE HEIGHT
FLOOD HAZARD AREA
FLOOR AREA, GROSS
FLOOR AREA, LIVABLE
FLOOR AREA RATIO
FRONT YARD
GARAGE, PRIVATE
GOURMET/SPECIALTY FOOD STORE
HEALTH CLUB
HOME OCCUPATION
IMPROVED LOT COVERAGE
KITCHEN, FULL-SERVICE
LOADING SPACE
LOT AREA
LOT, CORNER
LOT, DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT WIDTH
MENTALLY ILL PERSON
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
NONSOLID FENCE
NORMAL GROUND LEVEL
OFFICE
OUTDOOR CAFE
PARKING AREA
PARKING SPACE
PERMITTED USES
PERSON
PERSON WITH HEAD INJURY
PORCH
PREMISES
RECREATIONAL VEHICLE
(1)
(2)
(3)
(4)
RESTAURANT, DRIVE-IN
RESTAURANT, QUICK-SERVICE
RESTAURANTS
SATELLITE ANTENNA OR DISH
SERVICE STATION
SETBACK LINE
SIGN
SIGN, OFF-PREMISES
SITE PLAN
SOLAR PANEL
SOLID FENCE
STABLE
STORY
STORY, HALF
STREET
(1)
(2)
(3)
(4)
(5)
STREET LINE
STRUCTURE
SWIMMING POOL, PARTLY ARTIFICIAL POOL
SWIMMING POOL, PRIVATE
SWIMMING POOL, WADING
TEMPORARY SIGN
TOWNHOUSE
TURNING AREA
USE
WALL SIGN
WINDOW
WINDOW SPACE
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONES
ZONING PERMIT
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
A subordinate building, whether temporary or permanent, on
the same lot with a principal building, occupied or devoted exclusively
for an accessory use and under the same ownership and control as the
principal building. No portion of an accessory building shall be used
as a bedroom. Where an accessory building is attached to a principal
building, such accessory building shall be considered part of the
principal building.
[Amended 3-22-2005 by Ord. No. 897]
A subordinate structure, whether temporary or permanent,
on the same lot with a principal structure, occupied or devoted exclusively
for an accessory use and under the same ownership and control as the
principal structure. No portion of an accessory structure shall be
used as a bedroom. Where an accessory structure is attached to a principal
structure, such accessory structure shall be considered part of the
principal structure.
[Amended 3-22-2005 by Ord. No. 897]
A use customarily incidental and subordinate to the principal
use of a building or lot.
Giving or attempting to give or intending to give any notice
or information, or any activity which gives, or attempts to give or
intends to give notice, information or warning.
[Added 12-21-2021 by Ord. No. 2021-63]
As applied to a building, a structure or use, any change
in supporting or nonsupporting members of a building or structure,
any addition to or diminution of a building or structure, or change
in use from that of one district classification to another, or any
removal of a building or structure, or part thereof, from one location
to another.
The open, nonhabitable space between the ceiling beams of
a top habitable story and the roof rafters in any building.
Any structure of any material with an extendable or retractable
frame attached to a building or structure and projecting over a public
or quasi-public right-of-way or sidewalk which is so constructed as
to rest against the building when not in use.
[Added 7-25-1995 by Ord. No. 749]
A story partly underground but having at least 1/2 of its
height above the average level of the adjoining ground. A basement
shall be counted as a story for the purposes of height measurement
if the vertical distance between the ceiling and the average level
of the adjoining ground is more than five feet and if used for business
or dwelling purposes.
An area reserved primarily for sleeping, wherein is located
beds or sleeping sofa apparatus with a door, screen or partition separating
the sleeping area from other areas of the house.
[Added 7-27-1999 by Ord. No. 819]
See definition for "sign, off-premises."
[Added 12-21-2021 by Ord. No. 2021-63]
A continuous planting area or strip of trees and/or shrubs
densely planted so as to restrict a clear view beyond said area. The
area shall be maintained and protected by the owner on whose property
it is located.
A structure enclosed within exterior walls or fire walls,
built, erected and framed of component structural parts and designed
for the housing, shelter, enclosure and support of persons, animals
or property of any kind.
The total area within outside dimensions or on horizontal
plane at average grade level of the principal building and all accessory
buildings exclusive of platforms, terraces or steps.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof.
[Added 3-22-2005 by Ord. No. 897]
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs; to the deck line of mansard
roofs; and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
[Added 3-22-2005 by Ord. No. 897]
The line of the face of the building nearest the front line
of the lot. This face includes cantilevered sections of buildings
and covered porches, whether enclosed or unenclosed, and steps and
landings. All yard requirements shall be measured to the building
line.
[Amended 12-16-2003 by Ord. No. 881]
A building within which is conducted the main or principal
use of the lot on which said building is situated.
Any mercantile or service activity, pursuit, occupation or
employment conducted for compensation, either wholesale or retail.
Any structure of any material of a permanent or fixed construction
which is attached to a building or structure and which permanently
extends over a public or quasi-public right-of-way or sidewalk.
[Added 7-25-1995 by Ord. No. 749]
A story partly or completely underground having more than
1/2 of its clear height below the average level of the finished grade
at the perimeter of the building. A cellar shall not be considered
in determining the permissible number of stories.
A certificate issued upon completion of construction, alteration
or change in occupancy of a building. The certificate shall acknowledge
compliance with all requirements of this chapter and/or all other
applicable requirements.
A voluntary organization of persons on an annual membership
basis for social, religious, benevolent, recreational, literary, scientific,
athletic or political purposes, which are not conducted primarily
for gain, provided that there are not any vending stands, merchandising
or commercial activities except as required generally for the membership
and purposes of such club.
A community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 persons with head
injuries, who require assistance, temporarily or permanently, in order
to live in the community, and shall include, but not be limited to,
group homes, halfway houses, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a health care
facility within the meaning of the Health Care Facilities Planning
Act, N.J.S.A. 26:2H-1 et seq.
[Added 7-27-1999 by Ord. No. 819]
Any community residential facility licensed pursuant to N.J.S.A.
30:11B-1 et seq., providing food, shelter and personal guidance, under
such supervision as required, to not more than 15 developmentally
disabled or mentally ill persons, who require assistance, temporarily
or permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, intermediate care
facilities, supervised apartment living arrangements and hostels.
Such a residence shall not be considered a health care facility within
the meaning of the Health Care Facilities Planning Act, N.J.S.A. 26:2H-1
et seq. In the case of such a community residence housing mentally
ill persons, such residence shall have been approved for a purchase
of service contract or an affiliation agreement pursuant to such procedures
as shall be established by regulation of the Division of Mental Health
and Hospitals of the Department of Human Services.
[Added 7-27-1999 by Ord. No. 819]
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
[Added 7-27-1999 by Ord. No. 819]
Any shelter approved for a purchase of service contract and
certified pursuant to the standards and procedures established by
regulation of the Department of Human Services pursuant to 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 of
such victims, who temporarily require shelter and assistance in order
to protect their physical or psychological welfare.
[Added 7-27-1999 by Ord. No. 819]
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 a special permit
therefor by the Planning Board.
Authorization of the Planning Board issued in accordance with Article VIII which is required as a condition precedent to the commencement of a use for the erection, construction, reconstruction, alteration, conversion or installation of a structure or building for the conditional use as so designated in this chapter.
That percentage of the plot or lot area covered by the principal
building and all accessory buildings, and exclusive of accessory structures.
A retail use in a fixed facility for the selling of delicacies,
including various types of meats, fish, cheeses and salads, cut or
packaged to order and may provide an accessory use to sell sandwiches
prepared from these primary items, usually sold for off-site consumption.
[Added 3-23-2010 by Ord. No. 960]
A person who is developmentally disabled as defined in N.J.S.A.
30:11B-2.
[Added 7-27-1999 by Ord. No. 819]
A sign providing directional information whose purpose it
is to regulate and control the flow of vehicular and pedestrian traffic.
[Added 12-21-2021 by Ord. No. 2021-63]
Any part of the territory of the Borough of Ho-Ho-Kus defined
on the Zoning Map[1] within which certain uniform regulations and requirements
of this chapter apply.
An open area of land constructed in accordance with this
chapter, used as a means to provide vehicular ingress and egress to
a property or lot to and from a street.
[Added 12-16-2003 by Ord. No. 882]
A building designed or used exclusively as the living quarters
for one or more families, but not including campers, mobile homes
or trailers.
A detached building designed for or occupied exclusively
by not more than one family.
A detached building designed for or occupied by two families
living independently of each other.
A building or entirely self-contained portion thereof having
cooking, sleeping and sanitary facilities providing complete housekeeping
facilities for only one family.
A device which emits electric signals and operates as a barrier
to control and contain pets and domestic animals on a residential
lot.
[Added 12-20-2005 by Ord. No. 902]
To build, construct, attach, hang, place, reface, suspend
or affix, and shall also include the painting of wall signs.
[Added 12-21-2021 by Ord. No. 2021-63]
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
An establishment whose principal business is the sale of
rapidly prepared food directly to the customer, such as food cooked
or prepared in bulk, in advance for quick assembly and ready to purchase,
in a ready-to-consume state for consumption within the restaurant
building, in cars on the premises or off premises.
[Added 3-23-2010 by Ord. No. 960]
An artificially constructed barrier of wood, masonry, stone,
wire, metal or other manufactured or natural material or combination
of materials. A fence shall not be considered a structure as defined
in this section unless it requires a footing or foundation to be erected
or constructed. Fences requiring a footing or foundation are considered
to be a combination of materials which form a construction for use
or ornamentation and, therefore, are determined to be a structure.
Fence posts which are below 18 inches from normal ground level or
more than eight inches in width or diameter are also considered to
be structures for the purposes of adherence to this chapter.
[Added 12-16-2003 by Ord. No. 881]
The distance measured from the normal ground level to the
highest point of the fence at any point along the fence, with the
measurement being taken directly from the grade below to the point
of measurement. Any decorative feature must be included in the overall
height measurement.
[Added 12-16-2003 by Ord. No. 882]
The area composed of the channel, floodway and flood hazard area as defined by the United States Department Of Housing And Urban Development Flood Insurance Study and shown on the Flood Insurance Rate Maps and Flood Boundary-Floodway Maps, as amended and supplemented, adopted by the Borough and set forth in Chapter 27, Floodplain Management, of this Code.
The sum of the area of all floors of a building within a
lot measured from the exterior faces of the exterior walls or from
the center line of walls separating two buildings, including basement
or any other floor area below grade when used for residential, office,
business, storage, industrial or other purposes but not including
basements or other floor area below grade when used for the housing
of heating or other mechanical equipment.
[Amended 8-27-1985 by Ord. No. 586]
The floor area within a residential structure to be used
for habitation, excluding cellars, attics, utility (heating and cooling)
rooms, garages and open porches, and, in two-family housing, excluding
common hallways.
The total gross floor area divided by the total lot area.
[Added 8-27-1985 by Ord. No. 586]
The area extending the full width of the lot, situated between
a street line and the front line of the building and projected to
the side lines of the lot.
[Added 12-16-2003 by Ord. No. 881]
A building, or part thereof, used as an accessory building
to the main building which provides for the storage of motor vehicles.
A private garage that is accessory to a single-family or two-family
dwelling may contain a workshop area for the exclusive private, noncommercial
use of the dwelling’s occupant.
[Amended 3-22-2005 by Ord. No. 897]
Any fixed retail facility where gourmet/specialty cuisine
is prepared on the premises, not by quick production as is defined
as a "fast-food restaurant," and sold in a form ready for consumption
or cooked off premises.
[Added 3-23-2010 by Ord. No. 960]
Any premises, either open to the general public or to members
only, for the purpose of providing exercise programs, exercise equipment,
swimming pools, saunas, martial arts training, etc., for the purpose
of promoting physical fitness.
[Added 6-27-2000 by Ord. No. 829]
An occupation or activity, excepting manufacturing, warehousing
and/or industrial activities, carried out for gain by a resident which
is conducted as an accessory use entirely within a dwelling unit in
one- or two-family dwellings, provided that no article is sold or
offered for sale except as may be produced by only a member of the
immediate family residing on the premises and which use is clearly
incidental to the use of the dwelling for dwelling purposes and does
not change the character thereof, and which shall in no way adversely
affect the safe, comfortable enjoyment of property rights of the zone
in which it is located.
[Added 7-27-1999 by Ord. No. 818]
The percentage of lot area which is improved with principal
and accessory buildings, structures and uses, including, but not limited
to, patios, decks, sheds, parking lots, driveways, sidewalks and garages
and other man-made improvements.
[Added 2-28-1989 by Ord. No. 625; amended 7-16-2013 by Ord. No.
1024]
A full-service kitchen includes an indoor area for food preparation
containing a stove or range.
[Added 4-27-2021 by Ord.
No. 2021-47; amended 7-20-2021 by Ord. No. 2021-54]
An 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 material.
An area of land which is determined by the limits of the
lot lines bounding that area.
A plot or parcel of land at the junction of and fronting
on two or more intersecting streets or a lot bounded on two or more
sides by the same street. The rear lot line on a corner lot shall
be the lot line most distant from the front lot lines or opposite
the narrower front lot line. The remaining non-front lot lines shall
be the side lot lines. Where a lot or tract contains two non-front
lot lines that are equidistant from the front lot lines, then one
of the non-front lot lines shall be designated as the rear lot line
for purposes of identifying the rear yard setback requirement of the
zone. The owner or their agent shall determine which of the equidistant
non-front lot lines they intend to consider as their rear yard, and
they shall then conform to the requirements of this chapter in accordance
with such election. Once such a determination and election has been
made as to any lot as recorded on the records of the Borough and the
principal building is constructed, such determination shall be deemed
to be a final election and cannot thereafter be altered.
[Amended 4-26-2022 by Ord. No. 2022-67]
The average horizontal distance between the front and rear
lot lines, measured from the midpoint of the front lot line, at right
angles or radially to the street line, to the rear lot line.
A lot line, or portion thereof, which is coexistent with
a street line. In the case of a street of undefined width, the lot
line shall be assumed to be parallel to the center line of the street
at a distance of 25 feet therefrom. 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.
[Amended 1-27-1987 by Ord. No. 601]
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot according to maps and plots of record filed with the Office of
the County Clerk, in the County of Bergen, State of New Jersey.
The shortest straight line distance between the two side
lines of any lot. If a lot shall not have parallel side lines, the
average of such widths taken at ten-foot intervals and parallel to
the front street line throughout the depth of the lot shall constitute
the width of the lot.
A person who is afflicted with a mental illness as defined
in N.J.S.A. 30:4-23,[2] but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
[Added 7-27-1999 by Ord. No. 819]
A building or 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 requirements of the
zoning district in which it is located by reason of such adoption,
revision or amendment.
A lot 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.
A 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.
Any fence which has more than 50% of its vertical composition
open to the air.
[Added 12-16-2003 by Ord. No. 881]
The newly established grade after construction, exclusive
of any fill, berm, mound, excavation or curbing, which alters the
grade at the base of the fence from the grade in the general vicinity
of the fence.
[Added 12-16-2003 by Ord. No. 881]
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government and generally
furnished with desks, tables, files and communications equipment.
[Added 10-27-2015 by Ord.
No. 1041]
Any eating establishment where food and other refreshments
are served upon the public right-of-way, namely the sidewalks immediately
in front of any restaurant, cafe, cafeteria or place of business where
food and/or other refreshments are served.
[3]
[Added 3-24-1998 by Ord. No. 796]
An open area, other than a street or other public road or
way, used for the parking of motor vehicles, including access drives
or aisles for ingress and egress thereto and therefrom. Access drives
or aisles shall not be included when calculating required off-street
parking.
[Amended 7-26-2011 by Ord. No. 993]
An off-street rectangular space available for the parking
of a motor vehicle, either within a structure or in the open, exclusive
of driveways or access drives. Private driveways for one- and two-family
dwellings may be considered off-street parking areas, provided that
no portion of such private driveway is within the street right-of-way
line. Each space shall have direct access to a street, driveway or
aisle.
Any use of land or buildings as permitted by this chapter.
Includes any individual, firm, corporation, association or
partnership, business entity or organization of any kind or nature.
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which results
in a temporary or permanent physiobiological decrease of mental, cognitive,
behavioral, social or physical functioning which causes partial or
total disability.
[Added 7-27-1999 by Ord. No. 819]
A covered entrance to a building, either enclosed or open.
Such structure shall be considered part of the building.
A building or structure, or a piece or tract of land or real
estate, vacant or otherwise.
[Added 12-21-2021 by Ord. No. 2021-63]
A portable structure or wheel-based structure built on a
chassis, which is either self-propelled or designed to be transported
by traction, which is intended by its manufacturer to be used as a
temporary dwelling for travel, camping or vacation purposes. Recreational
vehicle shall include camping trailers, motorized homes, travel trailers
and boat and snowmobile trailers, which are defined as follows:
CAMPING TRAILERA type of trailer that is designed and constructed with collapsible walls. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
TRAVEL TRAILERA wheel-based vehicle built on a chassis designed to be hauled by traction.
BOAT AND SNOWMOBILE TRAILERA wheel-based vehicle on a chassis designed to be hauled by traction, which is specifically designed for transporting boats or snowmobiles.
An establishment where prepared food, soft drinks, ice cream
and/or similar confections are sold to patrons for consumption outside
the confines of the principal building or in an automobile parked
upon the premises, regardless of whether or not, in addition thereto,
seats or other accommodations are provided within the principal building
for the patrons.
An establishment which is engaged in the sale of a limited
line of foods and beverages which are prepared and packaged in paper
or other types of disposable containers and which sale therefor contemplates
the consumption of food while standing or sitting on the premises,
in cars on the parking lot of said premises or at some location entirely
off the premises.
[Amended 7-26-2011 by Ord. No. 993]
Eating places consisting of enclosed, permanent buildings
with seating and service capacity for not less than 25 persons and
having a floor area for seating patrons of not less than 600 square
feet.
Any apparatus which is designed for the purpose of receiving
telephone, radio, microwave, satellite or similar signals, but not
including the conventional television antennas.
[Added 8-27-1985 by Ord. No. 586]
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline, oil or other fuel
for the propulsion of motor vehicles, and which may include facilities
used or designed to be used for greasing, washing or otherwise cleaning
or servicing such motor vehicles or supplying accessory parts thereto.
A line drawn parallel to a street line or lot line and drawn
through the point of a building nearest to the street or lot line.
The term "required setback" means a line that is established a minimum
distance from a street line or lot line and within which a building
or part of a building is not permitted to extend toward the street
or lot line in order to provide the required yard.
Includes every wall sign, ground sign, card, poster or painted
bulletin, sale sign, sign printed or painted on the outside of a building
or structure, illuminated sign, temporary sign, banner sign, commercial
banner sign, public interest sign, awning banner and canopy with writing
or figures thereon, and shall include any announcement, declaration,
demonstration, illustration or insignia, whether used to advertise
or promote the interests of any person, product or event or otherwise
when the same is placed in view of the general public.
[Amended 9-27-2011 by Ord. No. 997; 3-20-2012 by Ord. No. 1006]
A sign structure advertising an establishment, merchandise,
service or entertainment, which is not sold, produced, manufactured
or furnished at the property on which said sign is located, e.g.,
billboards or outdoor advertising. Off-premises signs are considered
a principal use.
[Added 12-21-2021 by Ord. No. 2021-63]
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, flood hazard
areas, 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; and any other information
that may be reasonably required in order to make an informed determination
pursuant to the site plan review requirements set forth in this Code.
A solar photovoltaic panel or solar hot air or water panel
collector device or system which relies upon solar radiation as an
energy source for the generation of electricity or transfer of stored
heat.
[Added 6-27-2006 by Ord. No. 914]
Any fence which has more than 50% of composition of solid
material.
[Added 12-16-2003 by Ord. No. 881]
An accessory building in which horses are kept for private
use and not for hire, remuneration or sale.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it.
That portion of a building situated above a full story and
having at least two opposite walls meeting a sloping roof at a level
not higher above the floor than a distance equal to 1/2 the floor
to ceiling height of the story below.
Any avenue, boulevard, road, parkway, viaduct, drive or other
way which is an existing state, county or municipal roadway; or which
is shown upon a plat heretofore approved pursuant to law; or which
is approved by official action as provided by the Municipal Land Use
Law;[4] or which is shown on a plat duly filed and recorded in
the office of the county recording officer prior of 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, curbs,
sidewalks, parking areas within the street lines. For the purpose
of this chapter, streets shall be classified as follows:
[Amended 12-16-2003 by Ord. No. 882]
ARTERIALThose streets which are used primarily for fast or heavy traffic.
COLLECTORThose streets 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 development.
MINORThose streets which are used primarily for access to the abutting properties.
MARGINAL ACCESSThose streets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
ALLEYSMinor roads which are used primarily for vehicular service access to the back or side of the properties otherwise abutting on a street.
The dividing line as shown on the Official Tax Map of the
Borough between the street and the lot.
Anything constructed or erected, whether portable, prefabricated,
sectional or otherwise, which is permanent or temporary, located on,
above and/or under the ground or attached to something so located,
including but not limited to private tennis courts, paddle ball courts,
platform tennis courts, swimming pools and similar recreational facilities
designed to serve the residence on the premises.
A pool formed from a natural body of water which has either
so limited a flow or such an inadequate size that the quantity or
quality of water must be maintained by artificial means. The term
"artificial pool" shall mean a pool composed entirely of artificial
construction.
Any pool designed, used and maintained for swimming purposes
by an individual for use by his household and guests and located on
a lot as an accessory use to a residence. Unless otherwise qualified,
the term "private swimming pool" shall be construed as including both
artificial and partly artificial pools.
Any artificially constructed wading pool, not designed or
used for swimming, with a maximum area of 120 square feet and a maximum
water depth of 24 inches.
A sign which is intended to advertise community or civic
projects, real estate for sale or lease, or other sale or special
events on a temporary basis or time frame.
[Added 12-21-2021 by Ord. No. 2021-63]
A building or structure designed for or occupied by no more
than one family and attached to other similar buildings or structures
by not more than two party walls extending from the foundation to
the roof and providing two direct means of access from the outside;
provided, further, that said townhouse unit shall be designed so that
no portion of any unit is oriented horizontally over any other unit,
and each such unit shall be serviced and equipped with independent
cooking, sleeping, heating and sanitary facilities. In addition, for
the purposes of this chapter, a townhouse may be part of a townhouse
development where in individual unit owners own a portion of the building
and land or it may be held in condominium ownership or cooperative
ownership.
[Added 12-11-1985 by Ord. No. 589]
The area necessary in a parking lot for maneuvering vehicles
into and out of parking spaces, and in other areas the space provided
for vehicles to turn around.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
All flat signs of solid-face construction which are placed
against a building or other structure and attached to the exterior
front, rear or side wall of any building or other structure so that
the display surface is parallel with the plane of the wall. Signs
painted on an exterior or a wall shall be deemed to be wall signs
subject to this chapter.
[Added 12-21-2021 by Ord. No. 2021-63]
Any opening in the exterior wall or roof of any structure
for the purpose of admitting air or light whether or not covered with
glass, plastic or other covering.
[Added 12-21-2021 by Ord. No. 2021-63]
The aggregate square footage of all windows on any given
side and any given story of any structure regardless of the angle
or angles at which they are set. In computing window space, there
shall be included all portions of any door which if part of a wall
would constitute a window.
[Added 12-21-2021 by Ord. No. 2021-63]
The space on the same lot with a main building, extending
the full width of the lot and situated between the street line and
the front or street side line of the building projected to the side
lines of the lot. The depth of the front yard shall be measured horizontally
at right angles from the street line or radially on a curved street
to the building line.
The space on the same lot with a main building, extending
the full width of the lot and situated between the rear line of the
building projected to the side lines of the lot. The depth of the
rear yard shall be measured horizontally at right angles from the
nearest point on the rear lot line toward the nearest part of the
principal building.
The space on the same lot with a main building, situated
between the side line of the building and the adjacent side line of
the lot and extending from the rear line of the front yard to the
front line of the rear yard. The width of the required side yard shall
be measured horizontally at right angles from the nearest point on
the side lot line toward the nearest part of the principal building.
The zones designated and described in this chapter.
[Added 12-16-2003 by Ord. No. 882]
A document signed by the Zoning Administrator which is required
by this chapter as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, alteration, conveyance
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of this chapter or variance therefrom duly authorized as provided
herein.
