The short form by which this chapter shall be known shall be
the "Zoning Ordinance of the Borough of Wallington."
The purpose of this chapter is to establish a pattern for the
use of land and buildings in the Borough of Wallington based on the
Master Plan for the Borough, and it is enacted in order to promote
the following:
A.
To encourage municipal action to guide the appropriate use or development
of all lands in this Borough in a manner which will promote the public
health, safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of individual municipalities does
not conflict with the development and general welfare of neighboring
municipalities, the county and the state as a whole.
E.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and preservation of the environment.
F.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens.
H.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging the location
of such facilities and routes which result in congestion or blight.
I.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
J.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
K.
To encourage planned unit developments which incorporate the best
features of design and relate the type, design and layout of residential,
commercial, industrial and recreational development to the particular
site.
L.
To encourage senior citizen community housing construction.
M.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view to lessening the
cost of such development and to the more efficient use of land.
N.
To promote the conservation of energy through the use of planning
practices designed to reduce energy consumption and to provide for
maximum utilization of renewable energy sources.
O.
To encourage development of a balanced housing supply.
A.
The provisions of this chapter shall be held to be minimum requirements.
Where this chapter imposes a greater restriction than is imposed or
required by other provisions of law or by other rules or regulations
or resolutions, the provisions of this chapter shall control. Where
other laws, rules, regulations or resolutions require greater restrictions
than are imposed or required by this chapter, the provisions of such
laws, rules, regulations or resolutions shall control.
B.
In the interpretation and the application of the provisions of this
chapter, they shall be held to be the minimum requirements for the
promotion of the health, safety, morals and general welfare. It is
not intended to interfere with or abrogate or annul other rules, regulations
or ordinances, provided that where this chapter imposes greater restrictions,
the provisions of this chapter shall apply.
All applications for development made and filed prior to the
effective date of this chapter may be construed in accordance with
a prior law, but any appeals arising out of decisions made on any
such application shall be governed by this chapter.
A.
The Borough Council may from time to time amend or change, by ordinance,
the number, shape or area of districts established on the Zoning Map[1] and the regulations set forth in this chapter in accordance
with N.J.S.A. 40:55D-1 et seq., and any amendments thereto.
[1]
Editor's Note: The Zoning Map of the Borough of Wallington
is on file at the Borough offices, where it is available for inspection.
B.
Governing body may amend. All amendments of this chapter shall be
adopted in accordance with the provisions of New Jersey law.
Immediately upon adoption of this chapter, the Municipal Clerk shall file a copy of this chapter with the Bergen County Planning Board as required by law. The Clerk shall also file with said Bergen County Planning Board copies of all the ordinances of the municipality relating to land use, such as Chapter 330, Subdivision of Land and Site Plan Review, of the Code of the Borough of Wallington.
A.
Whenever a term is used in this chapter which is defined in P.L.
1975, c. 291,[1] 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.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
B.
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of this chapter.
Words used in the present tense include the future; the singular number
shall include the plural, and the plural the singular; the word "structure"
shall include the word "building"; the word "person" includes a corporation
as well as an individual; the word "lot" includes the word "plot";
the word "occupies" includes the words "designed or intended to be
occupied"; the word "used" shall include the words "arranged, designed,
constructed, altered, converted, rented, leased or intended to be
used"; the word "shall" is mandatory and not optional, and the word
"may" is permissive.
C.
ACCESSORY APARTMENT
ACCESSORY USE OR STRUCTURE
ACT
AFFORDABLE
AISLE
ALTERATION, STRUCTURAL
APPLICANT
APPLICATION FOR DEVELOPMENT
BASEMENT
BILLBOARD
BUFFER STRIP
BUILDING
BUILDING CODE
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING, COMMUNITY
BUILDING, PRINCIPAL
CELLAR
COMPLETE APPLICATION
COMMERCIAL VEHICLE
(1)
(2)
(3)
(4)
COUNCIL
COUNTY PLANNING BOARD
DISTRICT or ZONE
DWELLING
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
FAIR SHARE PLAN
FAMILY
FARM ANIMAL
FLOOR AREA
(1)
(2)
(3)
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GARAGE, PUBLIC
GROSS DENSITY
INDUSTRIAL PARK
JUDGMENT OF REPOSE
LOADING SPACE
LOT
(1)
(2)
(3)
LOT AREA
LOT DEPTH
LOT LINE
(1)
(2)
(3)
LOT WIDTH
LOW-INCOME HOUSING
MOBILE HOME
MOBILE HOME PARK
MODERATE-INCOME HOUSING
MOTEL
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
PARKING AREA, PRIVATE
PARKING AREA, PUBLIC
PARKING SPACE
PETITION FOR SUBSTANTIVE CERTIFICATION
PROFESSIONAL OFFICE
SATELLITE EARTH STATION
SERVICE STATION
SETBACK LINE
STANDARDS OF PERFORMANCE
STORY
STREET
STREET LINE
STRUCTURE
SUBSTANTIALLY DESTROYED
SWIMMING POOL, PORTABLE
SWIMMING POOL, PRIVATE RESIDENTIAL
SWIMMING POOL, PUBLIC OR PRIVATE CLUB
TRANSCRIPT
USE
UTILITY ALLOWANCE
VARIANCE
YARD
(1)
(2)
(3)
ZONING MAP
Certain words and phrases used in this chapter are defined for the
purpose hereof as follows:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters, and a private entrance, which
is created within an existing home or through the conversion of an
existing attached accessory structure on the same site or by an addition
to an existing home or accessory building.
[Added 2-26-2009 by Ord. No. 2009-04]
A use or structure subordinate to the principal use of a
building or structure on the same zone lot and serving a purpose customarily
incidental to the principal use of the principal building. It is intended,
but not by way of limitation, to include private residential swimming
pools as accessory uses to residential structures for the purpose
of this definition.
The Fair Housing Act of 1985, P.L. 1985, c. 222 (N.J.S.A.
52:27D-301 et seq.).
[Added 2-26-2009 by Ord. No. 2009-04]
A sales price or rent within the means of a low- or moderate-income
household as defined in N.J.A.C. 5:93-7.4.
[Added 2-26-2009 by Ord. No. 2009-04]
The vehicular access to a parking space.
Any change in the supporting members of a building such as
walls, columns, beams or girders.
A developer submitting an application for development.
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 for the
issuance of a permit pursuant to law.
A story having an average of more than 75% of its clear height
above the average level of the adjoining ground for at least 50% of
its perimeter.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than that on a
building or its grounds giving the name and occupation of the user
of the premises, the nature of the business conducted therein or the
products primarily sold or manufactured therein.
An area of specified width adjacent to a lot line, which
may include but not be limited to an area planted with trees, shrubs,
ground cover or other vegetation which is designed to screen the view,
noise and glare of cars or buildings from adjacent properties or roads.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The Uniform Construction Code of the State of New Jersey
(N.J.S.A. 52:27D-119 et seq.).[2]
The square footage or other area measurement by which a primary
or accessory building or structure occupies the land as measured at
the grade line around the foundation.
The vertical distance measured from the average elevation
of the finished grade to the top of the roof surface for mansard and
flat roofs and to the vertical midpoint between the base of the roof
and its peak for peaked roofs.
A public building for civic, social, educational, cultural
or recreational activities of a neighborhood or community not operated
primarily for monetary gain.
A structure in which is conducted the principal use of the
site on which it is situated.
A building level having more than 25% of its clear height
below the average level of the adjoining ground for at least 50% of
its perimeter.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the site plan or subdivision
plat, provided that the municipal agency may require such additional
information not specified in the ordinance or any revisions in the
accompanying documents as are reasonably necessary to make an informed
decision as to whether the requirements necessary for approval of
the application for development have been met. The application shall
not be deemed incomplete for lack of any such additional information
or any revisions in the accompanying documents so required by the
municipal agency. An application shall be certified as complete immediately
upon the meeting of all requirements specified in the ordinance and
in the rules and regulations of the municipal agency and shall be
deemed complete as of the day it is so certified by the administrative
officer for purposes of commencement of the time period for action
by the municipal agency.
A licensed motor vehicle which meets any one of the following
criteria:
The vehicle is licensed for commercial purposes.
The vehicle contains a sign, advertisement or other graphics
indicating that its use is for commercial purposes.
The vehicle has a gross weight in excess of 3 1/2 tons.
The design of the vehicle clearly indicates that its primary
purpose is the transport of goods or produce.
The New Jersey Council on Affordable Housing established
under the Act and which has primary jurisdiction for the administration
of housing obligations in accordance with sound regional planning
considerations in this State.
[Added 2-26-2009 by Ord. No. 2009-04]
The County Planning Board, as defined in § 1 of
P.L. 1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the
land or development is located.
Any part of the territory of the Borough of Wallington defined
on the Zoning Map within which certain uniform regulations and requirements
of this chapter apply.[3]
A building which is designed or used exclusively as the living
quarters for one or more families and containing complete sanitary
cooking and living facilities.
A building occupied or intended to be occupied for residence
purposes by one family. A mobile home shall not be considered as a
"one-family dwelling."
A building containing not more than two dwelling units and
intended for residential occupancy by not more than two families,
each living independent of the other and each with its own separate
sleeping, cooking and sanitary facilities, but not including mobile
homes.
That plan or proposal which is in a form that may readily
be converted into an ordinance, by which a municipality proposes to
satisfy its obligation to create a realistic opportunity to meet its
fair share of the low- and moderate-income housing needs of its region
and which details the affirmative measures the municipality proposes
to undertake to achieve its fair share of low- and moderate-income
housing, as provided in Sections 9 and 14 of the Act, addresses the
development regulations necessary to implement the housing element,
and addresses the requirements of N.J.A.C. 5:93-7 through 11.
[Added 2-26-2009 by Ord. No. 2009-04]
A reasonable number of persons related by blood, marriage
or adoption, or a group of a reasonable number of persons not so related,
who are living together as a single housekeeping unit and using certain
rooms and housekeeping facilities in common. A "family" may also include
foster children placed by the New Jersey Division of Youth and Family
Services or a duly incorporated child care or placement agency. This
definition is intended to be construed in accordance with the developing
concepts enunciated by the public policies of this state.
Refers to those domesticated animals which have historically
been used in, by or for the production of agricultural income or products
and which are generally assumed by prevailing community standards
to be associated with farm or agricultural uses. Farm animals shall
refer to sheep, chickens, goats, swine, horses, cows or animals of
like or similar nature.[4]
GROSS FLOOR AREAThe sum of the horizontal areas of all stories calculated by using the outside dimensions of the buildings. In dwellings, the area of an attached garage, open porch or patio and cellar are excluded. The "gross floor area" shall include kitchens, closets, bathrooms and hallways within the dwelling unit in addition to the area of all other rooms within the dwelling unit.
NET FLOOR AREAThe total of all storied areas of the buildings, excluding stairwells, elevator shafts, equipment rooms and interior vehicular parking or loading, and all stories below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FLOOR AREA RATIOThe sum of the area of all floors of buildings or structures compared to the total area of the site.
A building used for the parking and storage of motor vehicles.
A detached accessory building or portion of a main residential
building for the parking of vehicles of the occupants of the main
building to which the garage is accessory.
A building or part thereof, other than a private garage,
used for the sale, lease, storage, service or repair of motor vehicles
and automotive accessories.
The total number of dwelling units existing or permitted
on a housing site divided by the total area of the tract. The result
is expressed as dwelling units per acre.
[Added 2-26-2009 by Ord. No. 2009-04]
One or more buildings erected within an area or tract as
part of an integrated and comprehensively planned total unit, whether
or not the buildings are erected simultaneously or over a period of
time.
A judgment issued by the Superior Court approving a municipality's
plan to satisfy its fair share obligation.[5]
[Added 2-26-2009 by Ord. No. 2009-04]
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.
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.
LOT, CORNERA parcel of land at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°.
LOT, INTERIORA parcel of land other than a corner lot.
LOT, THROUGHA parcel of land which extends through from one street to another.
The area contained within the lot lines of a lot, but shall
not include any portion of a street right-of-way.
The horizontal distance between the front and rear lot lines
measured from the midpoint of the front lot line to the midpoint of
the rear lot line or the average distance from the front to the rear
corners.
A line of record bounding the lot. (With corner lots, there
shall be two front lot lines; all other lines shall be side lot lines.)
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way, also referred to as a "street line."
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
The horizontal distance between side lot lines measured at
the required front yard setback line.
Housing affordable according to the federal Department of
Housing and Urban Development or the standards included in this chapter
for home ownership and rental costs, and occupied or reserved for
occupancy by households with a gross household income equal to 50%
or less of the median gross household income for households of the
same size within the housing region in which the housing is located,
and which is subject to affordability controls promulgated by the
Council.
[Added 2-26-2009 by Ord. No. 2009-04]
Any commercially manufactured vehicle used, designed or intended
for use for permanent occupancy as living quarters for one family,
designed to be moved occasionally from one location to another by
means of wheels affixed to an axle or carriage affixed to the vehicle
and propelled by the power of another vehicle to which it may be attached,
whether the axle or carriage to which the wheels may be affixed is
detachable or detached.
One or more parcels of land under single ownership which
have been planned for the placement of two or more mobile homes, appurtenant
structures or additions, provided that mobile homes shall not be stacked
one on top of the other.
Housing affordable according to the federal Department of
Housing and Urban Development or the standards in this chapter for
home ownership and rental costs, and occupied or reserved for occupancy
by households with a gross household income in excess of 50% but less
than 80% of the median gross household income for households of the
same size within the housing region in which the housing is located,
and which is subject to the Council affordability controls in this
chapter.
[Added 2-26-2009 by Ord. No. 2009-04]
A building or group of buildings providing guest rooms, and
may have outside entrances, a public lobby and one or more public
dining rooms.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter but which
fails to conform to the requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A 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 use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reasons of such adoption, revision or amendment.
[Amended 2-26-2009 by Ord. No. 2009-04]
Any area, including parking stalls and maneuvering aisles,
used for the temporary storage of automobiles and other vehicles for
the private use solely by the occupants thereof to which such use
is accessory.
Any area other than a street or other public way used for
the temporary storage of automobiles and other vehicles and available
to the public, whether for a fee or without compensation, or as an
accommodation for clients, customers or employees.
An area of not less than 10 feet wide by 20 feet in length,
either within a structure or in the open, for the parking of motor
vehicles, exclusive of driveways, access drives, fire lanes and public
rights-of-way, except that nothing shall prohibit private driveways
for one-family dwellings from being considered off-street parking
areas, provided that no portion of the private driveway within the
right-of-way line of the street intersected by the driveway shall
be considered off-street parking space. The ten-foot-by-twenty-foot
area is intended to be sufficient area to accommodate the exterior
extremities of the vehicle, whether in addition thereto wheel blocks
are installed within this area to prevent the bumper from overhanging
one end of the parking space. All parking spaces required in this
chapter shall be placed so that they shall have direct unimpeded access
to passageways and driveways giving ingress and egress to the public
street.
That petition which a municipality files, or is deemed to
have filed, which engages the Council's mediation and review process.
[Added 2-26-2009 by Ord. No. 2009-04]
The offices of a dentist, physician, artist, planner, surgeon,
teacher, attorney, clergyman, accountant, engineer, architect, insurance
or real estate agent or any other recognized professional licensed
as such by the State of New Jersey.
Any apparatus, building or structure which is designed for
the purpose of receiving and/or transmitting television, radio, microwave,
satellite or similar signals in connection with what are commonly
referred to as "dish-type antennas."
Land and building designed and used for providing for the
sale of fuel, lubricants and automotive accessories and for providing
maintenance and minor repairs for motor vehicles, but not including
body repairs or, under any circumstances, the storage of inoperable
or wrecked vehicles.
A line drawn parallel to a street line or lot line and drawn
through the point of a building nearest to the street line or lot
line. The term "required front yard setback" means a line that is
established a minimum distance from the existing or the future street
right-of-way or front lot line beyond which a building or part of
a building is not permitted to extend toward the street in order to
provide the required yards.
Standards adopted by ordinance pursuant to law regulating
noise levels, glare, earthborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipality or required by applicable
federal or state laws or municipal ordinances.
That portion of a building included between the surface of
any floor and the surface of the floor above it or, if there is no
floor above it, then the space between the floor and the ceiling next
above it. The first story of any building shall be where more than
75% of the story is above the average level of the adjoining ground
for at least 50% of its perimeter.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by statute; or which is
shown 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, curbs, sidewalks, parking
areas and other areas within the street lines.
The dividing line between the existing or future street right-of-way
and a lot. Where title to land extends into or to the center of a
street, the edge of the present right-of-way of the street, including
any drainage ditch, shall nevertheless be deemed to be the "street
line."
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land, including but not limited to buildings, fences,
pools, tanks, towers, signs and advertising devices.
Where the cost to restore to the condition existing immediately
before the destruction will exceed 50% of the fair market value of
the structure immediately prior to its demolition.
Those pools which are not otherwise permanently installed,
do not require water filtration, circulation and purification, do
not exceed two feet of water depth and do not exceed a water surface
area of 80 square feet. Portable swimming pools shall not be subject
to the requirements of this chapter.
Any artificially manufactured or constructed swimming pool
or tank permanently or temporarily established or maintained upon
premises by any individual for their own use or family's use or use
by guests of the household, which has a capacity for water depth of
more than 12 inches, whether maintained above- or below-ground.
[Amended 12-19-2019 by Ord. No. 2019-11]
Includes either outdoor or indoor pools which are artificially
constructed to provide recreational facilities for swimming, bathing
or wading.
A typed or printed verbatim record of proceedings or reproduction
thereof.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
Those expenses that are in addition to the base rent, such
as heat, electricity and cooking fuel, that are included in the thirty-percent
utility allowance as outlined in the lease.
[Added 2-26-2009 by Ord. No. 2009-04]
The Board of Adjustment's or Planning Board's authorized
departure from the literal requirements and terms of this chapter
in accordance with the procedures contained herein.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward except as herein permitted.
YARD, STREETAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the street yard shall be measured horizontally and shall be the minimum distance between the front lot line and the building foundation.
YARD, REARA yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The depth of the rear yard shall be measured horizontally and shall be the minimum distance between the rear lot line and the building foundation.
YARD, SIDEAn open, unoccupied space between the side line of the lot and the nearest line of the principal building and extending from the front to the rear yard. The width of the side yard shall be measured horizontally and shall be the minimum distance between the side lot line and the building foundation.
The Zoning Map of the Borough of Wallington, New Jersey,
adopted upon the adoption of this chapter, together with all amendments
subsequently adopted.[6]
