A.
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 "building" includes the word "structure"; the word "lot"
includes the word "plot"; the word "used" shall be deemed also to
include "designed, intended or arranged to be used"; the term "erected"
shall be deemed to also include "constructed," "reconstructed," "altered"
or "moved"; and the word "shall" is mandatory and not directory. The
word "City" means the City of Garfield, in the County of Bergen, State
of New Jersey. The terms "City Council," "Board of Adjustment," "Planning
Board" and "Zoning Officer/Building Inspector" mean the respective
said Boards and Officer of said City. The definitions contained in
N.J.S.A. 40:55D-3 through 40:55D-7 are incorporated herein.
[Amended 5-20-1980 by Ord. No. 1723]
B.
BLOCK
BUILDING
BUILDING, ACCESSORY
BUILDING AREA
BUILDING LINE
BUILDING, MAIN
CELLAR
COMMERCIAL ANTENNA
COURT
CURB LEVEL
DISTRICT, MORE RESTRICTED OR LESS RESTRICTED
DISTRICTS R, B, LM AND I
DWELLING
DWELLING GROUP
DWELLING, MULTIFAMILY
DWELLING, ONE-FAMILY
DWELLING ROW
DWELLING, TWO-FAMILY
DWELLING UNIT
FAMILY
FLOOR AREA, NET
FOOTPRINT
GAMING MACHINE CENTER(S)
GARAGE, ACCESSORY
GARAGE, PARKING
GARAGE, REPAIR
GARDEN APARTMENT
GASOLINE STATION
HEIGHT OF BUILDING
HOME OCCUPATION
JUNKYARD
LOADING SPACE
LOT
LOT, CORNER
LOT COVERAGE
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT, PARKING
LOT WIDTH
OFFICE TOWNHOUSE
PARKING SPACE
PLACE OF PUBLIC ASSEMBLY
PROFESSIONAL OFFICE
ROOMING HOUSE
SCHOOL, COMMERCIAL
SCHOOL, PRIVATE
SERVICE ESTABLISHMENT
SIGN
STORY
STORY, HALF
STREET
STRUCTURAL ALTERATION
STRUCTURE
TOWNHOUSE
USE
USE, ACCESSORY
USED CAR LOT
USE, NONCONFORMING
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
For the purpose of this chapter, certain words and
terms used herein are defined as follows:
That property abutting on one side of a street and lying
between the two nearest intersecting or intercepting streets, or nearest
intersecting or intercepting street and railroad right-of-way, park
boundary or waterway.
Any structure or edifice designed or intended for use as
enclosure, shelter, protection or support of persons, animals or property.
A subordinate building, the use of which is customarily incidental
to that of the main building on the same lot.
The total of areas, taken on a horizontal plane at the main
grade level, of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
A line parallel to the front lot line and removed from it
by the depth of the required front yard.
A building in which is conducted the principal use of the
lot on which it is situated.
A story partly underground and having more than 1/2 of its
clear height below the finished grade. A cellar shall be considered
a story for the purposes of height measurements in determining the
permissible number of stories. A basement shall be considered a cellar.
Where the existing lot level is higher than the existing street level,
the average elevation of the lot level shall be used along the front
lot line to determine whether there exists a cellar or a basement.
[Amended 11-24-1981 by Ord. No. 1765]
Any form of apparatus which is designed for the purpose of
sending or receiving television, radio, microwave, satellite, cellular
telephone or similar signals and is intended to be used in connection
with the production of income or which is designated to be used by
third parties other than those residing on the property on which the
antenna is located. Expressly omitted from this definition are those
antennas intended for personal private use. Also expressly exempted
from this definition are all satellite dishes 36 inches or smaller
in diameter.
[Added 12-16-1997 by Ord. No. 2231]
An unoccupied space on a lot other than a yard. An outer
court is one that extends to a street line or to a front or rear yard.
An inner court is any other court.
The mean curb level as established by the City Council or,
in the absence of an established curb level, the mean level of the
existing curb or of the lot at the street line.
In the following list each district shall be deemed to be
more restricted than the districts the symbols for which precede it:
I, LM, B-2, B-1, B-ID, R-3, R-2, R-1, R-1A. Individual uses shall
be deemed to be more or less restricted in accordance with their classification
in the foregoing list of districts.
[Amended 5-20-1980 by Ord. No. 1723]
The term "R District" means any district the symbol for which
includes the letter "R"; the term "B District" means any district
the symbol for which includes the letter "B"; the term "LM District"
means any district the symbol for which includes the letters "LM";
and the term "I District" means any district the symbol for which
includes the letter "I."
A building containing only dwelling units. The terms "dwelling,"
"one-family dwelling," "two-family dwelling," "multifamily dwelling"
and "dwelling group" shall not be deemed to include hotel, rooming
house, motel or other accommodations used for more or less transient
occupancy.
A group of two or more multifamily dwellings occupying a
lot in one ownership with any two or more dwellings having any yard
or court in common.
A building or portion thereof containing three or more dwelling
units.
A building containing one dwelling unit only.
A series of at least four but less than nine one-family dwellings
or at least three but less than seven two-family dwellings having
a common roof and separated by party or common walls located coincident
with the lines of separate lots, except for the end walls of the structure,
which are removed from the side lines of their respective lots by
a required side yard.
A detached building containing two dwelling units only.
A building or portion thereof having cooking and plumbing
facilities for one family.
One or more persons related by blood or marriage, including
not more than two roomers or boarders, or a group of not more than
four persons not necessarily related by blood or marriage living together
as a single housekeeping unit.
Existing or potential area within a building, exclusive of
corridors, storage rooms, washrooms, basements, porches, breezeways,
garages or any areas immediately beneath the roof rafters in which
the finished ceiling height is or will be less than six feet above
the finished floor under a pitched roof or seven feet under a flat
roof.
The perimeter of the first-floor plan and circulation area.
[Added 5-5-1987 by Ord. No. 1944]
Includes a business primarily used and/or operated for the
purpose of operating billiard table(s), pool table(s), Ballyhoo or
any other kind of automatic device or devices wherein games are played
or are intended to be played.
[Added 2-6-1979 by Ord. No. 1681]
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use.
A building or part thereof, other than an accessory or repair
garage, used for the parking of passenger vehicles and which may include
servicing of said vehicles as an incidental use if conducted within
the structure.
A building or part thereof, other than an accessory or parking
garage, used for the storage, care or repair of motor vehicles, including
the sale of fuel and lubricants.
A group of two or more multifamily dwellings occupying a
lot, with any two or more structures having any yard or court in common.
A building, where common wall construction is used, containing not
less than four nor more than 12 dwelling units. A building, where
an interior corridor is used, containing not less than eight nor more
than 12 dwelling units.
[Added 5-5-1987 by Ord. No. 1944]
An area of land, including structures thereon, that is used
primarily for the retail sale and direct delivery to motor vehicles
of gasoline and lubricating oil, but not auto bodywork, welding, painting
or major repair work, nor car washing, except where it is incidental
to general servicing of the vehicle.
The vertical distance in the case of flat roofs to the level
of the highest point of the roof, and in the case of pitched roofs,
to the mean level between the eaves and the highest point of the roof,
measured from the curb level if the building is not more than 10 feet
distant from the front lot line, and from the average ground level
at the sides of the building in all other cases.
Any use customarily conducted entirely within a dwelling
and carried on solely by the inhabitants thereof, in connection with
which there is no display visible from outside the building nor products
sold other than those handcrafted on the premises, which use is clearly
secondary to the use of the dwelling for dwelling purposes and does
not change the character thereof. The conducting of a clinic, hospital,
barbershop, beauty parlor, tearoom, animal hospital, nursery school
or any similar use shall not be deemed to be a home occupation.
The use of more than 100 square feet of the area of any lot
for the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition or abandonment
of automobiles not in operating condition or other vehicles or machinery
or parts thereof.
Any off-street space not less than 10 feet wide and 25 feet
long, surfaced to be available in all weather, suitable for the loading
or unloading of goods and having direct access to a street or alley.
A parcel of land under common ownership having frontage on
a street, which is occupied or to be occupied by a building and its
accessory buildings, or by a group of buildings having any yard or
court in common and the buildings accessory to such group, together
with the open spaces appurtenant to such building or group, or which
is used for the storage of goods and wares or their display or sale
regardless of whether or not the boundaries of such parcel coincide
with the boundaries of lots or parcels as shown on any map of record.
A lot at the junction of and abutting on two or more intersecting
streets when the interior angle of intersection does not exceed 135°.
That portion of a lot covered by building area.
The mean horizontal distance between the front and rear lot
lines.
The narrower side of the lot abutting a street, regardless
of the location of the principal entrance of a building thereon. Where
two lot lines abutting streets are of equal width, the owner shall
have a choice in designating which shall be the lot frontage.
A lot other than a corner lot.
An area not within a building where passenger vehicles may
be stored for the purpose of short-term, daily or overnight off-street
parking.
The mean width of a lot measured at right angles to its depth.
A structure having no more than 2 1/2 stories and used
exclusively for the purpose of general or professional office use.
[Added 5-5-1987 by Ord. No. 1944]
An off-street space available for the parking of one motor
vehicle, having an area of not less than 160 square feet, exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct usable access to a street or alley.
A building, room or space accommodating persons for religious,
recreational, educational, political, social or amusement purposes
or for the consumption of food or drink, including all connected rooms
or spaces with a common means of entrance and exit.
The office of a member of a recognized profession, such as
minister, architect, artist, engineer, teacher of music and such other
similar professional occupations. The operation of an undertaking
establishment shall not be deemed to be a professional office use.
Any building or portion thereof or any single dwelling unit
containing sleeping accommodations for at least one but less than
15 persons who are not members of a family as defined in this article.
The term "rooming house" shall be deemed to include lodging house
and boardinghouse but not motel or other accommodations used for more
or less transient occupancy.
A school limited to special instruction such as business,
art, music, trades, handicraft, dancing or riding.
An elementary or high school giving regular instruction capable
of meeting the requirements of state compulsory education laws and
approved as such and operating at least five days a week for a normal
school year and supported by other than public funds, but not including
a school for the mentally challenged or a college or other institution
of higher learning.
[1]A business employing less than five employees conducted to
render a personal service, including barbershops, beauty shops, tailor
shops, shoe repair shops, dry-cleaning shops and laundries, or conducted
to render a household service, including the repair of watches, furniture,
television sets and other household appliances, but not including
the repair of furnaces and boilers, refrigerators, air conditioners
and other articles of similar bulk and weight.
Any device for visual communication that is used for the
purpose of bringing the subject thereof to the attention of the public.
The word "sign" includes billboards.
That portion of a building included between the surface of
any floor and the surface of the floor next above it. A basement shall
be counted as a story if more than half of the area of its ceiling
is more than five feet above the level from which the height of the
building is measured or if it is used for business purposes other
than storage or for dwelling purposes by other than a janitor or watchman.
In a structure having floors that do not extend across the entire
length and width of the structure at one height, commonly known as
"split-level" design, the number of stories shall be determined by
counting the number of floors directly over each other at that side
or end of the building having the greater number of floors or levels.
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
at a level not higher above the floor than a distance equal to 1/2
the floor-to-ceiling height of the story below.
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road or any other thoroughfare. A
street as used herein includes in its width the entire right-of-way.
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.
A dwelling unit having no less than two stories and a common
or party wall with an adjacent dwelling unit.
[Added 5-5-1987 by Ord. No. 1944]
The specific purpose for which land or a building is designed,
arranged, intended, occupied or maintained. The term "permitted use"
or its equivalent shall not be deemed to include any nonconforming
use.
A use which is customarily incidental and subordinate to
the principal use of a lot or a building and located on the same lot
therewith.
Any area where two or more vehicles in operating condition
are offered for sale or are displayed, other than within a completely
enclosed structure.
A use or structure in conflict with the provisions of this
chapter which regulate the types of use permitted in the various zones
and existing as a legal use by virtue of establishment prior to the
institution of zoning in the City of Garfield or to subsequent amendments
to this chapter and Zoning Map, or by virtue of a variance granted
by the Board of Adjustment and/or the City Council.
An open space of uniform width or depth on the same lot as a building or group of buildings, which open space lies between the building or group of buildings, and the nearest lot line and is unoccupied and unobstructed from the ground upward except for certain features specified in Article VI, § 341-32E and F.
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest point of the building.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest point of the building.
A yard between the side line of the lot and the nearest point
of the building and extending from the front yard to the rear yard,
or, in the absence of either of such yards, to the front or rear lot
line, as the case may be.
