Unless the context otherwise indicates, the
following definitions shall be used in the interpretation and construction
of this chapter:
A.
Words used in the present tense include the future,
and the future the present.
B.
The singular number shall include the plural, and
the plural the singular.
C.
The word "structure" includes the word "building,"
and the word "lot" includes the word "plot."
D.
The word "occupied" includes the words "designed or
intended to be occupied."
E.
The word "used" shall include the words "arranged,
designed, constructed, altered, converted, rented, leased or intended
to be used."
F.
The word "shall" is mandatory and not optional, and
the word "may" is permissive.
Certain words and phrases used in this chapter
are defined for the purpose hereof as follows:
A use or structure subordinate to the principal use or structure
of the same lot and serving a purpose customarily incidental to the
principal use of the principal structure.
The administrative officer designated to administer the Zoning
Chapter.
[Amended 3-8-1994 by Ord. No. 1668]
Any changes in the dimensions or configuration of the roof
or exterior walls.
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, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to law, as required by the Site Plan and Subdivision Ordinance[1] and the rules and regulations of the approving authority.
A building or place of business where gasoline, fuel, oil
and grease and/or batteries, tires and automobile accessories are
supplied and dispensed directly to the motor vehicle itself and where
mechanical repair may be rendered as an accessory activity, provided
that all of the foregoing take place within the confines of a building,
except for the pumping of gasoline, the addition of oil or other fluids
and the pumping of air.
A space partly below grade level, having more than 1/2 of
its floor-to-ceiling height above the average level of the adjoining
ground. A basement shall be counted as a story.
See "sign, billboard."
[Added 8-9-2005 by Ord. No. 2101]
The Planning Board or Zoning Board of Adjustment of the Borough
of Hasbrouck Heights, as appropriate.
A dwelling or part thereof in which lodging and meals are
provided by the owner or operator to boarders, other than in separate
independent dwelling units such as apartments.
A contiguous area of specified width adjacent to a lot either
in its natural state or planted with evergreen or other suitable vegetation
so as to form an effective year-round noise and visual screen. Such
areas may contain fences, underground utilities and earth berms but
shall not include any principal or accessory building or use, aboveground
utilities, parking areas and aisles, storage areas or signs (except
traffic directional signs), except that driveways providing access
from the street onto the site and which bisect a front yard buffer
may be included.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy by persons, animals
or property and having a roof. When such a structure is divided into
separate parts by one or more unpierced walls extending from the ground
up to and through the roof, each part is deemed a separate building.
A vertical distance of a building measured from the average
existing natural grade immediately surrounding the foundation on which
the building is located to the highest point of the roof.
[Amended 7-12-2005 by Ord. No. 2094]
A structure in which is conducted the principal use of the
site on which it is situated.
The permit issued by the Construction Official to ensure
that the structure complies with the Uniform Construction Code, Zoning
Chapter and other ordinances applicable to the construction itself,
upon payment of the fees required by Borough ordinances.[2]
A structure with an open side facing a swimming pool.
A roofed structure, whether or not attached to another structure,
providing space for the parking of motor vehicles, which is not enclosed
as per the definition contained in this section.
A space partly or totally below grade level, having more
than 1/2 of its floor-to-ceiling height below the average level of
the adjoining ground. No cellar or portion thereof shall be used for
business or dwelling purposes.
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of the residents and/or owners of the development. Common open space
may contain such complementary structures and improvements as are
necessary and appropriate for the use or enjoyment of the residents
and/or owners of the development.
Any structure or combination of structures designed and/or used for the emission, transmission, transfer or reception of radio waves or any other such signals through the air for the purpose of communications and any structure or structures containing or constituting the equipment necessary for the operation of the same and any appurtenances or accessories thereto. For the purposes of § 275-22G, there is specifically excepted from this definition the following:
[Added 2-22-2005 by Ord. No. 2073[3]]
Citizen band radio facilities and operations.
Amateur radio facilities and operations.
Public safety facilities and operations, including
but not limited to those for the use of federal, state, county or
municipal governments or agencies.
Such facilities otherwise permitted under § 275-17B.
As applied to permitted principal uses in the B-1 Central
Business District Zone, a business conducted in such a manner so as
to attract as its clientele and so as to serve principally individual
clients or customers who reside within the community or other businesses
also doing business within the community. For these purposes, "community"
shall mean the Borough of Hasbrouck Heights and surrounding adjacent
municipalities.
[Added 3-12-2002 by Ord. No. 1957; amended 5-11-2004 by Ord. No.
2043]
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (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 (P.L. 1971. c. 136; N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence, housing 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.
As used herein, "developmentally disabled person" means a person who
is developmentally disabled as defined in Section 2 of P.L. 1977,
c. 448 (N.J.S.A. 30:11B-2), and "mentally ill person" means a person
who is afflicted with a mental illness as defined in N.J.S.A. 30:4-23[4] 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.
Any shelter approved for a purchase of services 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 of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
An application form, completed as specified by ordinance
and the rules and regulations of the Planning Board or Zoning Board
of Adjustment, and all accompanying documents required by ordinance
for approval of the application for development, including, where
applicable, but not limited to, a site plan or subdivision plat, provided
that the Planning Board or the Zoning Board of Adjustment may require
such additional information not specified by 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
Planning Board or Zoning Board of Adjustment, unless the same are
listed on the checklist of required items provided to the applicant
upon the making of the application. An application shall be certified
as complete immediately upon the meeting of all requirements established
by ordinance and the rules and regulations of the Planning Board or
the Zoning Board of Adjustment and shall be deemed complete as of
the date it is so certified by the administrative officer for purposes
of the commencement of the time period for action by the approving
authority.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location shall comply with
the conditions and standards for the location or operation of such
use as contained in this chapter and the issuance of an authorization
thereof by the Planning Board.
Any area which is bounded on three or more sides by buildings
or walls which effectively enclose the area.
The vertical distance from the lowest level of the court
to the mean height of the top of the enclosed walls.
The number of dwelling units per gross acre of land to be
developed.
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; and any use or change in the use
of any building or other structure or land or extension of use of
land for which permission may be required.
The exhibition to the senses of another person.
[Added 12-27-2001 by Ord. No. 1950]
Any portion of the territory of the Borough of Hasbrouck
Heights within which certain uniform regulations and requirements,
or various combinations thereof, apply under the provisions of this
chapter.
Any permanent building or portion thereof designed or used
exclusively as the residence of one or more persons.
DWELLING, ONE-FAMILYA building occupied or intended for occupancy exclusively by one family or one household, provided with cooking, sleeping and sanitary facilities for the exclusive use of the occupants of the unit; also referred to as a "single-family dwelling."
DWELLING, TWO-FAMILYA building occupied or intended for occupancy as separate living quarters for no more than two families or two households, provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, MULTIFAMILYA building occupied or intended for occupancy as separate living quarters for more than two families or households, provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.
DWELLING, TOWNHOUSEA one-family dwelling in a row of units in which each unit has its own front and rear access to the outside, no unit is located over another unit and each unit is separated from any other unit by one or more common fire-resistant walls.
DWELLING, GARDEN APARTMENTOne or more multiple-family buildings with no more than one dwelling unit located above the other and providing on the site off-street parking, landscaped areas and other appurtenant facilities and as more fully required herein.
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household, provided that access is
directly from the outside or through a common hall and that separate
cooking, sleeping and sanitary facilities are provided within the
dwelling for the exclusive use of the occupants.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other government agency, of electrical,
gas, water transmission or distribution systems or collection, communication,
water supply or sewage treatment and collection systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, light stanchions,
telephone lines, hydrants and other similar equipment and accessories
in connection therewith reasonably necessary for the furnishing of
adequate services by such public utilities or municipal or other governmental
agencies for the public health, safety or general welfare, but not
including buildings.
Any number of persons related by blood, marriage or adoption
or living together as a single housekeeping unit and sharing at least
some of the same rooms and basic facilities of their dwelling unit.
An eating establishment with no wait staff or table service,
where food and drink is consumed primarily within the building at
tables or counters.
[Added 11-29-2022 by Ord. No. 2521]
An eating establishment with no wait staff or table service,
where food and drink is consumed primarily within the building at
tables or counters, which also includes a drive-through window.
[Added 11-29-2022 by Ord. No. 2521]
An eating establishment restaurant where customers order,
pay for and collect hot or cold meals and drinks from a counter service,
whether or not the meals and drinks are to be consumed on or off the
premises. The fast-food restaurant may or may not have seating.
[Added 11-29-2022 by Ord. No. 2521]
An eating establishment restaurant where customers order,
pay for and collect hot or cold meals and drinks from a counter service,
whether or not the meals and drinks are to be consumed on or off the
premises, with a drive-through window. The fast-food restaurant may
or may not have seating.
[Added 11-29-2022 by Ord. No. 2521]
The rivers or other watercourses and adjacent land areas
subject to inundation, as defined by the New Jersey Department of
Environmental Protection, in the event of the design flood. These
areas include but are not necessarily limited to the floodway and
flood-fringe areas as delineated on the Flood Insurance Rate Maps
and Flood Boundary Maps prepared by the Federal Emergency Management
Agency, dated June 1976, as amended.
The rivers or other watercourses and the adjacent land areas
to be reserved in order to discharge the design flood without cumulatively
increasing the water surface elevation more than 0.2 foot or as defined
by the New Jersey Department of Environmental Protection.
The sum of the gross horizontal areas of the several floors
of a building, measured from the exterior walls of the building.
The sum of the gross horizontal areas of the several interior
floors of that portion or portions of a building intended for regular
occupancy by persons, including such rooms as living rooms, dining
rooms, kitchens, bathrooms, hallways, foyers and like rooms intended
for similar uses, but expressly excluding storage areas, garages,
cellars, porches, breezeways, decks, patios, portions of attics having
headroom of less than seven feet and like areas.
[Added 8-13-1991 by Ord. No. 1601]
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
A building designed primarily for the inside storage of one
or more vehicles. If it is an accessory to a residence and intended
to be used by the residents thereof, it is a private garage. Any garage
other than a private garage is a public garage.
Premises which are used for the repair, greasing, servicing
or adjusting of motor vehicles but not for the sale of gasoline or
diesel fuel except as incidental and necessary to a repair.
The storage of vehicles as required herein in such a structure
defined to be a garage by the zoning ordinances of the Borough or
in such enclosure which completely hides the vehicle from view from
any adjacent property when such vehicle is stored or parked in such
enclosure except as may be minimally necessary to gain, and only when
gaining, access or egress from such enclosure. Nothing contained within
this definition of "garaged or enclosed" is intended to modify, amend
or revise any construction or maintenance of any such structure or
enclosure.
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. When the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, when the lot line is more than six
feet from the building, between the building and a point six feet
from the building.
As per Title 39 of the New Jersey Statutes[5] in force and effect on the adoption of this chapter.
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing which have
been formally designated in the Master Plan or by the Mayor and Council
as being of historical, archaeological, cultural, scenic or architectural
significance.
The percentage of lot area which is improved with principal
and accessory buildings, structures and uses, and including but not
limited to driveways, tennis courts, swimming pools, parking areas,
garages, walkways, patios, decks, loading areas, hard surfaces or
other man-made improvements. Detention or retention basins shall be
excluded from such calculations, provided the same are constructed
of natural materials.
An off-street space or berth on the same lot with a building
or a group of buildings for temporary parking of a commercial vehicle
while loading or unloading materials or equipment.
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 located at the junction of and abutting two intersecting streets or at the end of the same street where the angle of intersection does not exceed 135°.
LOT, INTERIORA parcel of land other than a corner lot or three-sided lot.
LOT, THREE-SIDEDA lot having frontage along three streets.
LOT, THROUGHA parcel of land which extends through from one street to another and which streets do not intersect at the property.
The portion of a lot area which is occupied by buildings
and accessory structures, and including porches, decks (having a height
from ground level of more than one foot at any point, exclusive of
railings), chimneys and other related building appurtenances.
A horizontal distance between the front lot line and rear
lot line:
The length of the front lot line.
A line of record bounding the lot.
LOT LINE, FRONTThe line which separates the public right-of-way from the private property which abuts upon the street, as distinct from a sidewalk line, curbline or edge-of-pavement line. On a street or highway shown on the adopted Master Plan of the Borough, the front lot line shall be considered to be the proposed right-of-way line for the street.
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 the side lot lines, measured
parallel to the front lot line at the required front yard setback
line.
(For the purposes of determining the permitted uses in the "I" Industrial Zone pursuant to Schedule 1 of this Chapter) the business of the sale of motor vehicles principally conducted by electronic means such as internet, telephone or fax communications by a person, firm or other business entity licensed by the State of New Jersey for the conduct of such business and licensed pursuant to Chapter 181 of this Code, if:
Such sales are generated only by means of public media advertising.
That there be no express or implied invitation of potential
purchasers to the premises by any means except for the purpose of
inspecting and taking delivery of a motor vehicle after a conditional
sale has occurred.
No repairs or modifications of any motor vehicle shall be undertaken
except the preparation for delivery of a vehicle by means limited
to washing, waxing or detailing undertaken within the building only.
No signs, banners, flags or other promotional decorations shall
be permitted on the exterior of the premises other than permitted
signage indicating the name, address and telephone number and/or email
address of the business so conducted.
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 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.
The appearance of a human bare buttock, anus, male genitals,
female genitals or female breasts.
[Added 12-27-2001 by Ord. No. 1950]
The definition of obscene materials set forth in N.J.S.A.
2C:34-2 as the same shall be from time to time amended or supplemented,
as well as in accordance with or not more strictly than judicial interpretations
thereof pursuant to the Constitutions of the United States and of
the State of New Jersey finally concluded in courts of jurisdiction
sufficient to render decisions on constitutional questions of general
application.
[Added 12-27-2001 by Ord. No. 1950]
Located outside the lot lines of the lot which is the subject
of a development application but within the property of the developer.
Not located on the property which is the subject of a development
application.
A motor vehicle primarily designed for the transportation
of passengers for hire.
Located on the lot in question.
Located on the property which is the subject of a development
application.
An area of land or water essentially unimproved and set aside,
dedicated, designated or reserved for public or private use or enjoyment
or for the use and enjoyment of owners and occupants of land adjoining
or neighboring such open space, provided that such areas may be improved
with only those improvements that are designed to be incidental to
the natural openness of the land.
Any open area used for the temporary storage of automobiles
and other vehicles, which use is accessory, for the private use solely
by the occupants thereof.
Any open 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.
A place that is arranged and intended, exclusively, for the
parking of one motor vehicle in a parking area in accordance with
the requirements of this chapter and the site plan ordinance. A parking
space shall also mean a parking stall.
The Planning Board of the Borough of Hasbrouck Heights having all of the powers, duties, authority and jurisdiction described in Chapter 51 of this Code, including those of the Board of Adjustment granted to it pursuant to N.J.S.A. 40:55D-25c except as to applications and matters the jurisdiction of which may be reserved in the Board of Adjustment under Chapter 72 of this Code.
[Amended 2-13-2001 by Ord. No. 1917; 8-9-2005 by Ord. No.
2100; 1-26-2021 by Ord. No. 2476]
Public parks, playgrounds, trails, paths and other recreational
areas; other public open spaces; scenic and historic sites; and sites
for schools and other public buildings and structures.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservation uses.
A vehicular unit, either self-propelled or towable by another
vehicle, primarily designed, constructed or modified to provide temporary
living quarters while such vehicle is being used for recreational
purposes and not while so parked, stored or garaged in the Borough
and not for any commercial purposes or for profit.
A commercial eating establishment where food and drink is
served at tables and consumed primarily within the principal building.
The term "restaurant" shall not be deemed to include what is commonly
known as a "supermarket," "grocery store" or "delicatessen."
[Amended 11-29-2022 by Ord. No. 2521]
Establishment engaged in selling goods or merchandise to
the general public and rendering services incidental to the sale of
such goods.
Those areas which exist or are created for the storage of
stormwater and absorption of this water into the ground.
BUSINESSAn establishment primarily engaged in rendering nonrepair services, such as advertising, building cleaning or household equipment rental, to business enterprises on a fee or contract basis.
PERSONAL AND HOUSEHOLDEstablishments primarily engaged in providing services involving the care of a person or his or her apparel or household, but not including mortuary services, dry-cleaning establishments or on-premises repair of major household items, such as furnaces, refrigerators and other articles of similar bulk and weight.
For the purposes of any prohibition against or limitation
upon the same contained in this chapter, "sexually oriented adult
entertainment" shall mean the conduct of or the operation of any premises
so as to provide any of the following as hereinafter further defined:
[Added 12-27-2001 by Ord. No. 1950]
ADULT ARCADEAny place wherein electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas as those are herein defined.
ADULT BOOK OR ADULT VIDEO SALE, RENTAL OR DISPLAYSale, rental or display of any of the following:
Books, magazines, periodicals or other printed
material or photographs, films, motion pictures, videocassettes or
video productions, slides or other visual representations which depict
or describe specified sexual activities or specified anatomical areas
as those are herein defined.
Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual activities
as those are herein defined.
ADULT CABARETPerformances which regularly feature:
Persons who appear in a state of nudity as such
is herein defined;
Live performances which are characterized by
the exposure of specified anatomical areas or by specified sexual
activities as those are herein defined; or
Films, motion pictures, videocassettes, slides
or other photographic reproductions which are characterized by the
depiction or description of specified sexual activities or specified
anatomical areas as those are herein defined.
ADULT MOTELThe operation of a hotel, motel or similar establishment which offers accommodations to the public which:
Provide patrons with closed-circuit television
transmissions, films, motion pictures, videocassettes, slides or other
photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas as those are herein defined and has a sign visible from a public
right-of-way which advertises the availability of this adult type
of photographic reproductions;
Offers a bedroom for rent for a period of time
that is less than 10 hours; or
Allows a tenant or occupant of a bedroom to
subrent the room for a period of time that is less than 10 hours.
ADULT MOTION-PICTURE DISPLAYThe display of any film, motion picture, videocassette, slide or similar photographic reproductions characterized by the depiction or description of specified sexual activities or specified anatomical areas as those are herein defined.
ADULT THEATERThe operation of a theater, concert hall, auditorium or similar establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities as those are herein defined.
A name, identification, structure, object, illumination,
description or any other visual display or decoration which is affixed
to, painted on or represented, directly or indirectly, upon a building,
structure, object or land, or behind a window and visible from the
outside of the building or structure and any of which is for the purpose
of directing attention to an organization, object, person, place,
activity, institution, service, business or industry.
[Amended 6-22-1999 by Ord. No. 1863]
A sign shall not include the following:
Any display or any official notice of any government
and any official agency thereof.
Any official traffic control device within a
public right-of-way.
Any flag, emblem or insignia of any government,
school or church.
Anything which might otherwise be described
as a sign which is located completely within an enclosed building
or structure and not visible from the outside of that building or
structure.
Any sign indicating the private nature of a
driveway or "no trespassing" or "no soliciting" sign not exceeding
1.5 square feet in area.
Any nameplate or street address sign not exceeding
one square foot in area.
SIGN, ADVERTISINGA sign which directs attention to an individual, business, product or service conducted, sold, leased or offered elsewhere than on the premises where the sign is located. For the purpose of this chapter, a billboard shall be considered an "advertising sign."
SIGN, AREAThe area enclosed by the outer edge of the outermost frame or border of the sign if it is enclosed in a frame or border or, if the sign is not enclosed in a frame or border, the area of the smallest rectangle which encompasses all of the background and features of the sign except for temporary banners.
SIGN, BILLBOARDA sign that directs attention to a business, commodity, goods, services or entertainment conducted, sold or offered at a location other than the premises on which the sign is located or containing other lawful messages not pertaining to the activity conducted on that property.
[Added 8-9-2005 by Ord. No. 2101]
SIGN, BUSINESSA sign which directs attention to an individual, business, product or service conducted, sold, leased or offered on the premises where the sign is located.
SIGN, DIRECTIONAL or INFORMATIONALA nonadvertising sign which directs attention to vehicular or pedestrian entrances or exits, parking areas, reserved parking spaces or similar site elements and is intended only for the safety and convenience of employees, patrons or visitors.
SIGN, FLASHINGA sign with illumination which is not maintained at a constant intensity, color or position at all times.
SIGN, MOVINGA sign which rotates or shifts or appears to rotate or shift position.
SIGN, FREESTANDINGA sign having not more than two display sides supported by uprights or braces placed upon the ground and not attached to any building.
SIGN, REAL ESTATEA sign which directs attention to the sale or rental of the premises or a portion of the premises upon which it is located. The sign shall be no larger than four square feet and must be authorized by the owner of the premises and removed within 30 days of the consummation of the sale or rental.
SIGN, DIRECTIONAL RESIDENTIAL REAL ESTATE OPEN HOUSEA temporary signage placed either upon private property with the permission of the owner of that property or within the public right-of-way, in either event under the conditions hereinafter set forth and in accordance with laws, ordinances and regulations governing public rights-of way, which signs are limited in language to so much as may be reasonably necessary to give notice to the public of residential property that is then being offered for sale and upon which there is or will be conducted an open house for the purpose of promoting such sale, to give notice of the location and times of such open house and to give notice of the name and address of the licensed real estate broker conducting such open house or the fact that such open house is being conducted by the owner intending to sell the premises, placed in accordance with the terms and conditions of § 275-21E(5).
[Added 2-27-2007 by Ord. No. 2153]
SIGN, TEMPORARYA sign which directs attention to special or periodic functions of civic, religious, community, veterans, volunteer fire, first aid, charitable or other similar organizations or to the candidacy of an individual or group for nomination or election to a governmental office or to the erection, repair or improvement of a building.
SIGN, WALLA sign placed against or painted on an exterior street-facing wall of a building or wall at right angles to a street-facing wall of a building so that the display surface is parallel with the surface of the wall and does not extend beyond the limits of the wall or the portion of the building occupied or intended to be occupied by the subject use. A sign placed against or painted on an awning or marquee attached to an exterior street-facing wall shall be considered a wall sign.
SIGN, SANDWICH BOARDA sign composed of two flat surfaces, each of which shall be no larger than three square feet, connected to each other at the top by a hinge and separated from each other at the bottom so as to stand in an easel-like fashion and having a maximum height of 3.5 feet.
[Added 8-24-2010 by Ord. No. 2243]
[Added 12-27-2001 by Ord. No. 1950]
Includes any of the following:
[Added 12-27-2001 by Ord. No. 1950]
That portion of a building 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 surface of the floor and the ceiling
above it.
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
STORY, FIRSTThe lowest story or the ground story of any building, the floor of which is not more than 48 inches below the average ground level at the exterior walls of the building. The provisions of the definition for "basement" and the definition for "cellar" contained herein shall apply.
Any street, 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 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 line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon the
street, as distinct from a sidewalk line, curbline or edge-of-pavement
line. On a street or highway shown on the adopted Master Plan of the
Borough, the street line shall be considered to be the proposed right-of-way
line for the street.
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.
Any structure having a depth greater than two feet and a
water surface area in excess of 100 square feet which is used for
swimming, bathing or wading purposes.
A motor vehicle designed primarily for the carriage of personal
property, goods, wares or merchandise rather than the carriage of
passengers and whether otherwise classified as commercial or noncommercial.
The specific purposes for which land or a building, structure
or facilities is designed, arranged or intended or for which it is
or may be occupied or maintained.
Permission to depart from the strict application of the requirements
of this Zoning Chapter pursuant to law.
A building used primarily for the storage of goods and materials.
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 provided by this chapter.
YARD, FRONTAn open space extending the full width of the lot between any building and any front lot line and measured perpendicular from the front lot line to the closest point of the building.
YARD, REARAn open space extending across the full width of the lot lying between the principal building and the rear lot line and measured perpendicular from the rear lot line to the closest point of the building.
YARD, SIDEAn open space extending from the front yard to the rear yard between the principal building and the side lot line measured perpendicular to the side lot line to the closest point of the principal building.
The Zoning Board of Adjustment of the Borough of Hasbrouck Heights having all of the powers, duties and authority granted to it by law but nevertheless limited to those applications and matters the jurisdiction of which has been reserved to it under § 72-1A of Chapter 72 of this Code. After the exercise of that limited, reserved jurisdiction, the Zoning Board of Adjustment of the Borough of Hasbrouck Heights shall cease to exist.
[Amended 2-13-2001 by Ord. No. 1917; 8-9-2005 by Ord. No.
2100; 1-26-2021 by Ord. No. 2476]
A certificate issued upon the change of use, occupancy or
ownership of any premises indicating the purpose for which the premises
is to be used and certifying the compliance of such use and the compliance
of the structure with the Zoning Chapter and with any conditions that
may have been imposed upon such use or structure by either the Board
of Adjustment or the Planning Board.
The Zoning Map of the Borough of Hasbrouck Heights, New Jersey,
dated October 1989, together with all amendments subsequently adopted.
