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, and the future the present.
The singular number shall include the plural, and the plural the singular.
The word "structure" includes the word "building," and the word "lot" includes the word "plot."
The word "occupied" 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.
Certain words and phrases used in this chapter are defined for the purpose hereof as follows:
- ACCESSORY USE OR STRUCTURE
- 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.
- ADMINISTRATIVE OFFICER OF THE LAND USE ORDINANCES
- The administrative officer designated to administer the Zoning
Chapter.[Amended 3-8-1994 by Ord. No. 1668]
- ALTERATION, STRUCTURAL
- Any changes in the dimensions or configuration of the roof or exterior walls.
- A developer submitting an application for development.
- 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 and the rules and regulations of the approving authority.
- AUTOMOBILE SERVICE STATION or GASOLINE STATION
- 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]
- BOARD (APPROVING AUTHORITY)
- 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.
- BUFFER AREA
- 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.
- BUILDING HEIGHT
- 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]
- BUILDING, PRINCIPAL
- A structure in which is conducted the principal use of the site on which it is situated.
- BUILDING PERMIT
- 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.
- 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.
- COMMON OPEN SPACE
- 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.
- COMMUNICATION TOWER OR ANTENNA FACILITY
- 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]
- A. Citizen band radio facilities and operations.
- B. Amateur radio facilities and operations.
- C. Public safety facilities and operations, including but not limited to those for the use of federal, state, county or municipal governments or agencies.
- D. 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]
- COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED
- 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 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.
- COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
- 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.
- COMPLETE APPLICATION
- 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.
- CONDITIONAL USE
- 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.
- COURT HEIGHT
- 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.
- DETENTION BASIN
- 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]
- DISTRICT or ZONE
- 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 UNIT
- 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.
- ESSENTIAL SERVICES
- 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.
- FLOOD HAZARD AREA
- 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.
- FLOOR AREA
- The sum of the gross horizontal areas of the several floors of a building, measured from the exterior walls of the building.
- FLOOR AREA, HABITABLE
- 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]
- FLOOR AREA RATIO
- 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.
- GARAGE, REPAIR
- 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.
- GARAGED OR ENCLOSED
- 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.
- GROSS WEIGHT
- As per Title 39 of the New Jersey Statutes in force and effect on the adoption of this chapter.
- HISTORIC SITE
- 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.
- IMPROVED LOT COVERAGE
- 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.
- LOADING SPACE or LOADING AREA
- 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 COVERAGE, BUILDING AND STRUCTURE
- 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.
- LOT DEPTH
- A horizontal distance between the front lot line and rear lot line:
- LOT FRONTAGE
- The length of the front lot line.
- LOT WIDTH
- The horizontal distance between the side lot lines, measured parallel to the front lot line at the required front yard setback line.
- MOTOR VEHICLES SALES, ELECTRONIC
- (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:
- A. Such sales are generated only by means of public media advertising.
- B. 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.
- C. 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.
- D. 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.
- NONCONFORMING LOT
- 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.
- NONCONFORMING STRUCTURE
- 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.
- NONCONFORMING USE
- 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.
- NUDITY or A STATE OF NUDITY
- The appearance of a human bare buttock, anus, male genitals,
female genitals or female breasts.[Added 12-27-2001 by Ord. No. 1950]
- OBSCENE MATERIALS
- 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]
- OFF SITE
- Located outside the lot lines of the lot which is the subject of a development application but within the property of the developer.
- OFF TRACT
- 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.
- ON SITE
- Located on the lot in question.
- ON TRACT
- Located on the property which is the subject of a development application.
- OPEN SPACE
- 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.
- PARKING AREA, PRIVATE
- 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.
- PARKING AREA, PUBLIC
- 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.
- PARKING SPACE
- 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.
- PLANNING BOARD
- The Planning Board of the Borough of Hasbrouck Heights having all of the powers, duties, authority and jurisdiction granted to it by law and described in Chapter 51 of this Code.[Amended 2-13-2001 by Ord. No. 1917; 8-9-2005 by Ord. No. 2100]
- PUBLIC AREAS
- 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.
- PUBLIC OPEN SPACE
- 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.
- RECREATIONAL MOTOR VEHICLE (MOTOR HOME, TRAILER OR CAMPER)
- 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 establishment where food and drink is served and consumed primarily within the principal building, and including serving prepared food which is also intended for consumption off the premises; provided, however, that the term "restaurant" shall not be deemed to include what is commonly known as a "supermarket," "grocery store" or "delicatessen."
- RETAIL TRADE
- Establishment engaged in selling goods or merchandise to the general public and rendering services incidental to the sale of such goods.
- RETENTION BASIN
- Those areas which exist or are created for the storage of stormwater and absorption of this water into the ground.
- SEXUALLY ORIENTED ADULT ENTERTAINMENT
- 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]
- (1) 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.
- (2) Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities as those are herein defined.
- (1) Persons who appear in a state of nudity as such is herein defined;
- (2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities as those are herein defined; or
- (3) 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.
- (1) 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;
- (2) Offers a bedroom for rent for a period of time that is less than 10 hours; or
- (3) Allows a tenant or occupant of a bedroom to subrent the room for a period of time that is less than 10 hours.
- 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. A sign shall not include the following:
- (1) Any display or any official notice of any government and any official agency thereof.
- (2) Any official traffic control device within a public right-of-way.
- (3) Any flag, emblem or insignia of any government, school or church.
- (4) 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.
- (5) Any sign indicating the private nature of a driveway or "no trespassing" or "no soliciting" sign not exceeding 1.5 square feet in area.
- (6) Any nameplate or street address sign not exceeding one square foot in area.
- D. [Added 8-9-2005 by Ord. No. 2101]
- M. [Added 8-24-2010 by Ord. No. 2243]
[Added 12-27-2001 by Ord. No. 1950]
- SPECIFIED SEXUAL ACTIVITIES
- 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.
- 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.
- STREET LINE
- 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.
- SWIMMING POOL
- 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.
- ZONING BOARD
- The Zoning Board of Adjustment of the Borough of Hasbrouck Heights having all of the powers, duties, authority and jurisdiction granted to it by law and described in Chapter 72 of this Code.[Amended 2-13-2001 by Ord. No. 1917; 8-9-2005 by Ord. No. 2100]
- ZONING CERTIFICATE OF COMPLIANCE
- 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.
- ZONING MAP
- The Zoning Map of the Borough of Hasbrouck Heights, New Jersey, dated October 1989, together with all amendments subsequently adopted.
Editor's Note: This ordinance repealed the former definition of "communication tower or antenna facility" added 12-14-2004 by Ord. No. 2065.
Editor's Note: N.J.S.A. 30:4-23 was repealed by P.L.1987, c. 116; see now N.J.S.A. 30:4-27.2.
Editor's Note: See N.J.S.A. 39:1-1.