The short form by which this chapter may be
known shall be the "Land Development Ordinance of the Borough of North
Arlington."[1]
[1]
Editor's Note: Original § 28-1,
Title, which immediately preceded this section, was deleted 2-9-2006
by Ord. No. 1953.
A.
This chapter is adopted pursuant to the Municipal
Land Use Law of 1975 (N.J.S.A. 40:55D-1 et seq.), and subsequent amendments
and supplements thereto, in order to promote and protect the public
health, safety, morals and general welfare.
B.
The purposes of this chapter are as follows:
(1)
To plan and guide the appropriate use or development
of all land in a manner which will promote the public health, safety,
morals and general welfare in the following manner:
(a)
By regulating the location of buildings and
establishing standards of development; establishing building lines
and the location of buildings designed for residential, commercial,
industrial, office or other uses within such lines; and to fix reasonable
standards to which buildings or structures shall conform.
(b)
By prohibiting incompatible uses; and prohibiting
uses, buildings or structures which are incompatible with the character
of development of the permitted uses within specified zoning districts
and surrounding areas.
(c)
By regulating alterations of existing buildings;
and preventing such additions to and alterations or remodeling of
existing buildings or structures as would not comply with the restrictions
and limitations imposed hereunder.
(d)
By conserving the value of land and buildings
throughout the Borough.
(2)
To secure safety from fire, flood, panic and other
natural and man-made disasters in order to:
(a)
Reduce public expenditures for emergency operations,
evacuations and restorations.
(b)
Prevent damage to transportation and utility
systems.
(c)
Minimize losses and damages to public and private
property due to inundation caused by floodwaters and storm runoff.
(d)
Restrict structures and land uses which increase
flood heights, velocities, erosion and siltation.
(e)
Prevent to the extent possible an increase in
volume and rate of surface runoff due to development.
(f)
Prevent further unwise development in floodplains,
thus reducing future expenditures for protective measures.
(g)
Preserve, protect and enhance the natural environment
of the floodplain.
(h)
Maintain the useful life of water detention
and retention areas by preventing sedimentation.
(i)
Prevent dangers to life and property from flooding
resulting from excessive water runoff and clogging of drainage structures.
(j)
Prevent pollutants from entering streams, rivers
and potable water supplies.
(k)
Reduce public expenditures for repair of public
facilities resulting from soil erosion and sedimentation.
(3)
To provide adequate light, air and open space
(4)
To ensure that land development does not conflict
with the development and general welfare of neighboring municipalities,
the county and the state as a whole.
(5)
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, maintenance of the character of the neighborhoods, preservation
of the environment and quality of life.
(6)
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies.
(7)
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.
(8)
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 will result in congestion
or blight.
(9)
To promote a desirable visual environment through
creative development techniques and good civic design and arrangements.
(10)
To promote the conservation of open space and
valuable natural resources and to prevent urban sprawl and degradation
of the environment through improper land use.
(11)
To encourage planned 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.
(12)
To encourage coordination of various public
and private procedures and activities shaping land development with
a view of lessening the cost of such development and to the more efficient
use of land.
(13)
To provide, within the community's resources,
the future housing needs of the citizens of the Borough of North Arlington.
(14)
To encourage senior citizen community housing
construction.
(15)
To promote utilization of renewable energy sources.
(16)
To promote the maximum practicable recovery
and recycling of recyclable materials from municipal solid waste through
the use of planning practices designed to incorporate the State Recycling
Plan goals and to compliment municipal recycling programs.
Where the provisions of this chapter impose
greater restrictions than those imposed by any other provisions of
law or by other ordinances, regulations or resolutions, the provisions
of this chapter shall control. Where the provisions of any other law,
ordinance, regulation or resolution impose a greater restriction than
those imposed by this chapter, the provisions of such other law, ordinance,
regulation or resolution shall control.
All applicable requirements shall be met at
the time of erection, enlargement, alteration, moving or change in
use of a structure or structures or in the use of land and shall apply
to the entire structure or structures or lot, irrespective of the
proportion thereof that may be involved in the erection, enlargement,
alteration, moving or change.
For the purposes of this chapter,
A.
The present tense shall include the future.
B.
The singular number shall include the plural and the
plural the singular.
C.
The word "shall" is always mandatory; the word "may"
is discretionary.
D.
The words "zone" and "district" are synonymous, and
whenever the term "structure" is used, it shall be construed to mean
and include the term "building."
[Amended 2-9-2006 by Ord.
No. 1953]
Definitions and usages. Unless otherwise expressly
stated, the following terms shall, for the purpose of this chapter,
have the meanings as herein defined. Any word or term not noted below
shall be used with a meaning as defined in Webster's Third New International
Dictionary of the English Language, unabridged (or the latest edition).
Whenever a term is used in this chapter which is defined in N.J.S.A.
40:55D-1 et seq., such term shall have the same meaning as the state
statute.
An added roadway lane which permits integration and merging
of slower-moving vehicles into the main vehicular stream or slowing
down of vehicles. See Figure 1.
A physical entrance to property.
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building is attached in a substantial
manner by a wall or roof to a principal building or structure, it
shall be considered a part thereof.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
A structure added to the original structure at some time
after the completion of the original structure.
For purposes of this chapter, the administrative officer
shall be the Construction Code Official.
Any environmental pollutant such as smoke, odors, liquid
wastes, radiation, noise, vibrations, glare, trespass lighting or
heat.
Any person who can show written proof that he/she has authority
to act for the property owner.
The traveled way by which cars enter and depart parking spaces.
A service way providing vehicular service access or pedestrian
access to the back or side of properties otherwise abutting on a street.
Any change or rearrangement in the supporting members of
an existing building such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows
or any enlargement or diminution of a building or structure. "Alteration"
shall also mean and include any conversion of a building or a part
thereof from one use to another or the moving of a building or structure
from one location to another. Alteration shall not be construed to
mean any necessary repairs and renovation of an existing structure
solely for the purpose of maintenance and/or improvements of the appearance.
See "dwelling, garden apartment."
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter.
A plan which has been granted final approval by the Planning
Board or Board of Adjustment of the Borough of North Arlington.
The Borough of North Arlington Planning Board or Board of
Adjustment as the case may be, unless a different agency is designated
by this chapter.
The open nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A lot or building used for the sale or hire of automobiles
and including any vehicle preparation or repair work conducted as
an accessory use. This shall be interpreted to include new and used
car dealerships and auto accessory, sales rooms but not the sale of
junked automotive equipment, parts or inoperable motor vehicles.
Any building, structure, lot or land used or intended to
be used for the sale of motor vehicle fuels dispensed directly into
motor vehicles and included as an accessory use, repair service and
the sale and installation of lubricants, tires, batteries and similar
accessories.
A space partially below grade level having 1/2 or more of
its floor-to-ceiling height above the average level of the adjoining
ground and with a floor-to-ceiling height of not less than 6 1/2
feet. A basement shall be counted as a story if used for business,
industrial, office or residential purposes.
A mound of earth or the act of pushing earth into a mound.
A sign advertising an occupant, product or service on other
than the lot upon which the billboard is located.
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter.
The Borough of North Arlington Planning Board or the Borough
of North Arlington Zoning Board of Adjustment, whichever is acting
on an application for development.
A person other than a member of a family occupying a part
of any dwelling unit who, for a consideration, is furnished sleeping
accommodations in such dwelling unit and may be furnished meals as
part of this consideration.
Any dwelling or part thereof which is licensed by the state
in which space is let for a fee by the owner or operator to more than
three persons who are not members of the family and whether or not
meals are provided.
That person appointed to the position by the Borough Council.
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, street or any depression.
A landscaped area intended to act as a visual separation
between two land uses of different intensity.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The ratio of the horizontal area of all principal and accessory
buildings measured from the exterior surface of the exterior walls
of the ground floor on a lot to the total lot area. See Figure 2.
The two-dimensional space within which a structure is permitted
to be built on a lot and that is defined by minimum yard setbacks.
See Figure 2.
See "height of building."
A line parallel to the street line or the lot line touching
that part of a building closest to the street or lot line. In the
case of a cantilevered section of a building, the building line will
coincide with the most projected surface. All yard requirements shall
be measured to the building line. See Figure 2.
The diameter of a tree trunk measured in inches a distance
of six inches off of the ground.
A self-supporting roof-like shelter or marquee without sides,
permanently affixed to the wall of a building and providing overhead
protection from the weather at an entrance to said building, which
shall be construed to be a part of the building to which it is affixed.
A timetable or schedule of all future capital improvements
to be carried out during a specific period and listed in order of
priority, and may also include cost estimates and the anticipated
means of financing each project.
A roofed structure providing space for the parking or storage
of motor vehicles and enclosed on not more than two sides.
The hard or paved area of a street between the curbs, including
travel lanes and parking areas but not including shoulders, curbs,
sidewalks or swales. Where there are no curbs, the cartway is that
portion between the edges of the paved or graded width.
A building or place of business where the washing of motor
vehicles is carried on with the use of a chain or other conveyer,
blower and water and/or steam cleaning device.
A space with less than 1/2 of its floor to ceiling height
above the average finished grade of the adjoining ground or with a
floor-to-ceiling height of less than 6 1/2 feet. No cellar or
portion thereof shall be used as a dwelling unit.
Any land or place dedicated for use, used or intended to
be used for the internment of the human dead.
A document issued by the Construction Code Official allowing
the occupancy or use of a building and certifying that the structure
or use has been constructed and/or renovated according to, and in
compliance with all the applicable state codes and municipal ordinances
and resolution.
A signed, written statement by the Borough Engineer and/or
Construction Code Official that specific constructions, inspections
or tests, where required, have been performed and that such comply
with the applicable requirements of this chapter or regulations adopted
hereunder.
A watercourse with a definite bed and banks which confine
and conduct the normal continuous or intermittent flow of water.
An establishment providing for the care, supervision, and
protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and 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 residents and owners of
the development.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons or entity owning such property
jointly.
Water supply and sewage disposal systems, whether privately
or publicly owned and operated, that serve two or more dwellings or
other buildings.
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 community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services.
Any shelter approved for a purchase of service 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. 30:40-1-14) 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 and psychological welfare.
An application form completed as specified by this chapter
and the rules and regulations of the Borough and all accompanying
documents required by this chapter for approval of the application
for development.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location and operation of such use
as contained in the zoning provisions of this chapter and upon the
issuance of an authorization therefor by the Planning Board or Zoning
Board of Adjustment.
The form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvements
together with an undivided interest in common elements appurtenant
to each such unit.
The Borough official specified in the Building Code who is
charged with administering the Construction Code.[1]
Legal authorization for the erection, alteration or extension
of a structure.
Tracts of land which share a common boundary.
A composite of the plan elements for the physical development
of Bergen County, with the accompanying maps, plats, charts and descriptive
and explanatory matter adopted by the County Planning Board.
The Bergen County Planning Board.
Any open space, unobstructed from the ground to the sky,
that is bounded on two or more sides by the walls of a building.
Sensitive natural lands and waters which, when altered, could
lead to the degradation of water quality and include frequently flooded
soils, water retention soils and potential prime aquifer recharge
soils. Sensitive natural lands and waters include streams, ponds and
lakes, one-hundred-year floodplains, freshwater wetlands, wetland
transition areas, and slopes over 15%.
The turnaround at the end of a dead-end street.
A structure under a driveway, road, railroad or pedestrian
walk, not incorporated in a closed drainage system.
The opening along the curb line at which point vehicles may
enter or leave the roadway.
Portion of land surface or area from which earth has been
removed or will be removed by excavation; the depth below original
ground surface or excavated surface.
Calendar days.
A street or portion of a street which is accessible by a
single means of ingress or egress.
A dedication of land for construction, reconstruction, widening,
repairing, maintaining or improving a street, public or private, and
for the construction, reconstruction or alteration of facilities related
to the safety, convenience or carrying capacity of said street, including,
but not limited to, curbing, pedestrian walkways, drainage facilities,
traffic control devices and utilities in or along road rights-of-way.
The permitted number of dwelling units per gross area of
land to be developed.
See "stormwater detention."
The legal or beneficial owner or owners of a lot or of any
land 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; any
mining, excavation, landfill or land disturbances and any use, change
in use or extension of use of land for which permission may be required
pursuant to this chapter.
The application form and all accompanying documents required
by this chapter for consideration by the Board for action on a development.
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.
A drainage channel constructed across or at the bottom of
a slope to divert water.
The removal of surface water or groundwater from land by
drains, grading or other means which include controls of runoff during
and after construction or development to minimize erosion and sedimentation
and the means necessary for water supply preservation, prevention
or alleviation of flooding.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a building or other structure
or facility.
A covered pit with an open jointed lining into which water
is piped or directed from roofs, basement floors, other impervious
surfaces or swales or pipes to seep or percolate into the surrounding
soil.
A structure or portion thereof that is used exclusively for
human habitation. Dwellings may include but are not limited to the
following types:
DETACHED SINGLE FAMILYA dwelling that is not attached to any other dwelling by any means.
GARDEN APARTMENTThree or more dwellings located within a single building, with an entrance to each dwelling by direct access from the outside or through a common hall. "Garden apartments" may include buildings in cooperative or condominium ownership. Also see "dwelling, multifamily."
ATTACHED SINGLE FAMILY/TOWNHOUSEA one-family dwelling in a row of at least three such attached 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 vertical common fire-resistant walls.
MULTIFAMILYA building containing three or more dwelling units that share common horizontal separations, including garden apartments.
SEMIDETACHED SINGLE FAMILYA single-family dwelling attached to one other single-family dwelling on an adjoining lot by a common vertical wall erected on the lot line dividing the two lots.
TWO FAMILYA building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
THREE AND FOUR FAMILYA building on a single lot containing three or four dwelling units.
MOBILEA structure constructed as a vehicle, containing living quarters with accommodations for sleeping, and which may or may not have built-in sanitary and cooking facilities. It may either move from place to place under its own power or be towed by any other vehicle. It may also be immobilized without changing its character. This term includes habitable trailers, camping trailers and similar habitable devices.
One or more rooms designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
A man-made or natural deposit of soil, rock or other materials.
Any obstruction within a delineated floodway.
A study to determine the potential direct and indirect effects
of a proposed development on the environment.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The erection, construction, alteration or maintenance of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located by public utilities, municipal or other governmental
agencies. "Essential services" shall include first aid and emergency
aid squad buildings.
Removal or recovery by any means whatsoever of minerals,
mineral substances or organic substances, other than vegetation, from
the water, land surface or beneath the land surface, whether exposed
or submerged. Normal agricultural activities shall not be considered
to be excavation.
The vertical location of the ground surface prior to excavating
or filling.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
A private residence which is registered as a family day care
home pursuant to the Family Day Care Provider Registration Act, P.L.
1987, c. 27 (N.J.S.A. 30:5B-16 et seq.); and is further defined as
a private residence in which child-care services are provided for
a fee to not less than three and no more than five children at any
one time for not less than 15 hours per week.
A structure made of posts or stakes, joined together by boards,
wire or rails, serving as an enclosure, a barrier or as a boundary.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of a development which
is presented to the Board for final approval in accordance with these
regulations and which, if an approved subdivision, shall be filed
with the proper county recording officer.
Any structure wherein business of primarily a monetary nature
is transacted, such as banks, savings and loans associations, mortgage
companies and similar institutions.
That portion of the flood hazard area outside the floodway,
based on the total area inundated during the regulatory base flood
plus 25% of the regulatory base flood discharge. See Figure 3.
The floodplain consisting of the floodway and the flood fringe
area. See Figure 3.
See definition of "flood insurance rate map" in Chapter 173, Flood Damage Prevention.
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
The same as the "flood hazard area" and shall include Zones
A-1 through A-30 on the Flood Insurance Rate Map.
The channel of a natural stream or river and portions of
the floodplain adjoining the channel which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream or river. See Figure 3.
The sum of the gross horizontal areas of the several floors
of a building or group of buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of a wall separating
two buildings, but excluding the following:
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
The square footage of all floors in a building, excluding
attic and basement floors, open porches, breezeways and garages. Enclosed
porches which are equipped with heating facilities for year-round
living shall be included as floor area.
Particles of airborne matter, not including process material,
arising from the combustion of fuel, such as coal, wood or oil.
See "lot, frontage."
A detached accessory building or a portion of the main building
used primarily for the storage of a passenger vehicle or vehicles
and not more than one commercial vehicle of a rated capacity not exceeding
two tons, which commercial vehicle is owned or used by the occupant
of the building to which the garage is accessory.
A building intended for the parking of motor vehicles as
a business.
An enclosed building intended for the storage, servicing,
or repair of motor vehicles as a business including outdoor repair
and whether or not the facility is a part of an agency dealing in
new or used motor vehicles. A public garage shall not include a car
wash and auto detailing facility.
See "automobile service station."
A comprehensive plan for the conceptual design and layout
of a planned development for a tract of land more than 100 acres in
size as provided in Section 4 of P.L. 1987, c. 129 (N.J.S.A. 40:55D-45.2).
[Added 12-8-2005 by Ord. No. 1949]
A professional engineer who is qualified by education and
experience to practice applied soil mechanics and foundation engineering.
The Borough Council of the Borough of North Arlington.
Any department, commission, independent agency or instrumentality
of the United States and of the State of New Jersey and any county,
city, township, village, authority, district or other governmental
unit.
The final grade or elevation of the ground surface conforming
to the proposed design.
Any operation that modifies the existing topography such
as cutting, stripping, filling, stockpiling or any combination thereof.
The first floor of a building other than a cellar or basement.
Any single-family dwelling used in the placement of children
pursuant to law recognized as a group home by the Department of Institutions
and Agencies in accordance with rules and regulations adopted by the
Commissioner of Institutions and Agencies; provided, however, that
no group home shall contain more than 12 children.
Such elements or compounds which, when discharged in any
quantity into the environs of air, water or soil, present potential
danger to the public health or welfare and vegetation or any forms
of wildlife.
The vertical distance from the average ground elevation around
the foundation of a building or structure to the level of the highest
point of the roof surface thereof, exclusive of cupolas, chimneys
up to 10 feet above the highest point of the roof surface, penthouses,
as defined herein, steeples and spires. The building height shall
not exceed the maximum height permitted in the zone by more than five
feet when measured from the lowest elevation around the perimeter
of the foundation to the highest point of the roof or parapet.
[Amended 8-5-2003 by Ord. No. 1886]
Any use customarily conducted entirely within a dwelling or its accessory building and carried on by its inhabitants, which use is clearly incidental to the use of the dwelling as a place of residence. In particular, such uses shall meet the requirements of § 205-49 and shall include and is limited to the following: professional office of a physician, dentist, lawyer, engineer, accountant, architect, realtor or other similar professions; dressmaker, seamstress and milliner. A home occupation shall not include the following: barbershops and beauty parlors; commercial stables and kennels; animal hospitals; convalescent homes; mortuary establishments; stores and trades of business of any kind and the preparation, processing or distribution of food or food products.
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A facility offering transient lodging accommodations to the
general public and may provide additional services, such as restaurants,
meeting rooms, entertainment and recreation facilities.
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
That portion of a lot that is covered by any material which
generally reduces or prevents absorption of stormwater into the ground,
including but not limited to buildings, parking areas, driveways,
sidewalks, paving and patios, but not swimming pools. All required
parking areas which are permitted to remain unimproved, all gravel
areas and detention areas with clay lining shall be considered as
impervious surfaces. Brick pavers in sand shall be calculated as 80%
of impervious coverage.
A lot upon which exists a structure or building.
Nonprofit public or quasi-public institutions and uses, such
as houses of worship, public and private schools, libraries and municipally
owned or operated buildings, structures or land used for public purposes.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within, or without the municipality, whose
right to use, acquire, or enjoy property is or may be affected by
any action taken under this chapter, or whose rights to use, acquire,
or enjoy property under this chapter, or under any other law of this
state or of the United States have been denied, violated or infringed
by an action or a failure to act under this chapter.
Any scrap, waste, reclaimable material and debris, whether
or not stored or used in conjunction with the dismantling, processing,
salvage, storage, baling, disposal or other use or disposition. "Junk"
may include, for purposes of illustration, vehicles, tires, vehicle
parts, equipment, paper, rags, metal, glass, plaster, household appliances,
wood, lumber, brush and building materials.
An open lot or part thereof, with our without ancillary structures,
on which is accumulated and stored objects and equipment fit for and
normally to be sold as scrap, junk or secondhand material. For the
purpose of this chapter, a "junkyard" shall also mean and include
any area used for the storage of wrecked and inoperable vehicles;
or the wrecking, dismantling and breaking of the same into parts;
or the storage of such parts, either for subsequent sale or otherwise.
A junkyard shall not include a municipally operated public works yard.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
Any activity involving the clearing, cutting, excavating,
filling, grading and any other activity which causes land to be exposed
to the danger of erosion.
An extended-care facility or a distinct part of a facility
licensed or approved as a nursing home, infirmary unit of a home for
the aged or a governmental medical institution.
A designated parcel, tract or area of land established by
plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot but not including
any street rights-of-way.
A parcel of land, either at the junction of and abutting
on two or more intersecting streets, or abutting a single street at
the point where the interior angle of the intersection does not exceed
150°.
That part of one lot or more than one lot which is improved
or is proposed to be improved with buildings and structures, including
but not limited to driveways, parking lots, pedestrian walkways, signs
and other man-made improvements on the ground surface which are more
impervious than the natural surface. See also "open space."
The average distance measured from the front lot line to
the rear lot line.
A lot not meeting minimum frontage requirements and where
access to the public road is by a private right-of-way or driveway.
See Figure 4.
The shortest distance between the intersection points of
the side lines of a lot with the front street right-of-way line. In
the case of corner lots, the frontage shall be measured along a straight
line between the intersection point formed by the projection of two
street side lines and the intersection point of a side lot line with
a front street right-of-way line.
A parcel of land other than a corner lot.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way,
also referred to as a "street line." In the case of corner lots or
through lots, the line on which the primary entrance faces. See Figure
2.
The lot line opposite and most distant from the front lot
line, or the point at which the side lot lines meet.
Any lot line other than a front or rear lot line. See Figure
2.
A lot that fronts upon two parallel streets or that fronts
upon two streets that do not intersect at the boundaries of the lot.
The distance between the side lot lines measured at the building
setback line.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this act, including
but not limited to surety bonds, letters of credit under the circumstances
specified in section 16 of P.L. 1991, c. 256 (N.J.S.A. 40:55D-53.5),
and cash.
Any subdivision not classified as a minor subdivision.
Any hood, canopy, awning or permanent construction that projects
from the wall of a building, usually above an entrance.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28 et seq.
A permanent structure or building for the entombment of human
remains in crypts, vaults or niches.
The chief executive of the Borough.
Any subdivision containing not more than three lots and which does not involve a planned development; any new street; or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to § 205-102 of this chapter. Any lot or remaining land approved as a minor subdivision shall not be submitted as a minor subdivision within five years from the date of approval as a minor subdivision. Such lot or tract may be submitted as a major subdivision.
The Planning Board, Board of Adjustment, or the Borough Council
when acting pursuant to the Municipal Land Use Law.
N.J.S.A. 40:55D-1 through 55D-92, as amended.
Any use made by the Borough of North Arlington of property
owned or leased by it or legally under its control by easement, license
or otherwise.
The ground surface in its original state before any grading,
excavation or filling.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.
Any sign lawfully existing on the effective date of an ordinance
or any amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of this chapter.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment to 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.
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.
See "long-term care facility."
Any individual, firm, association, corporation or any other
legal entity and shall include the owner or subdivider, or both, as
may be required by the Borough. The obligor shall be responsible for
posting and executing any required performance guaranty.
A map, with changes and additions thereto, adopted and established,
from time to time, by resolution of the Board of Chosen Freeholders
of the county pursuant to N.J.S.A. 40:27-5.
A map adapted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or a contiguous portion of a street or
right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or 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 buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Any open area, including parking spaces, driveways and access
aisles used for the temporary storage of automobiles and other permitted
vehicles for the private use of the owners or occupants of the lot
on which the area is located.
Any open area, including parking spaces, driveways and access
aisles, other than a street or other public way, used for the temporary
storage of automobiles and other permitted vehicles and available
to the public, with or without compensation, or as an accommodation
for clients, customers and employees.
Any public or private parking area or garage.
A space for the off-street parking of one operable, licensed
motor vehicle within a public or private parking area.
For purposes of notice, any applicant for development, the
owners of the subject property and all owners of property and government
agencies entitled to notice under N.J.S.A. 40:55D-12.
A level, surfaced area directly adjacent to a principal building
at or within 1 1/2 feet of the finished grade, not covered by
a permanent roof and used primarily for passive recreation.
A roofed enclosure up to 12 feet in height on top of a building
and occupying not more than 20% of the main roof area.
A test designed to determine the rate the ground absorbs
water.
Any security which may be accepted by the Borough, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash.
Standards 1) adopted by ordinance pursuant to Subsection
52d (N.J.S.A. 40:55D-65d) regulating noise levels, glare, skyglow,
earthborn or sonic vibrations, heat, radiation, TV or radio waves,
noxious odors, toxic materials, explosive and inflammable materials,
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 2) required by applicable federal
or state laws or municipal ordinances.
A test to determine the ability of soil to transmit water.
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
Establishments primarily engaged in providing services involving
the care of a person or his or her personal goods or apparel, including
the following: cleaning and pressing service, linen supply, diaper
service, beauty shops, barbershops, shoe repair, funeral services,
steam baths, reducing salons and health clubs, clothing rental, locker
rental, porter service and domestic services.
Any material that permits full or partial absorption of stormwater
into previously unimproved land.
[Added 7-22-2010 by Ord.
No. 2054]
A unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development.
A map or maps of a subdivision or site plan.
The final map of all or a portion of a subdivision or site
plan which is presented to the Planning Board or Board of Adjustment
for final approval in accordance with this chapter.
The preliminary map indicating the proposed layout of the
subdivision or site plan which is submitted to the Planning Board
or Board of Adjustment for consideration and preliminary approval.
The sketch map of a subdivision or site plan of sufficient
accuracy to be used for the purpose of discussion and classification.
A roofed open area, which may be screened, usually attached
to or part of and with direct access to or from a building.
The conferral of certain rights, pursuant to Sections 34,
36, and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46; 40:55D-48; and
40:55D-49) prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant
Architectural drawings prepared during early and introductory
stages of the design of a project illustrating in a schematic form,
its scope, scale and relationship to its site and immediate environs.
A building in which is conducted the main use of the lot.
An office of a member of a recognized profession such as
that of an accountant, architect, attorney, dentist, engineer, physician,
chiropractor, planner or such similar use as interpreted to be appropriate
by the Board.
A use which is not permitted in a zone.
A master plan, capital improvement program or other proposal
for land development adopted by the appropriate public body or any
amendment thereto.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches, or required along a natural stream or
watercourse for preserving the biological as well as drainage function
of the channel and providing for the flow of water to safeguard the
public against flood damage, sedimentation and erosion and to assure
the adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
Improvements which the Board may deem necessary or appropriate,
including but not limited to streets, grading, pavement, gutters,
curbs, sidewalks, street lighting, shade trees, surveyors monuments,
water mains, culverts, storm sewers, sanitary sewers, drainage structures,
erosion control and sedimentation control devices, public improvements
of open space and, in the case of site plans, other on-site improvements
and landscaping.
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 conservational uses.
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, hydrants, valves, mains or structures or sewer
pipes, together with accessories and appurtenances, maintained, operated
and conducted for the service, convenience, necessity, health and
welfare of the public.
A majority of the full authorized membership of a municipal
agency.
A place where sports, leisure time activities and customary
and usual recreational activities are carried out.
Facilities operated as a business and open to the public
for a fee.
An accessory use located on the same lot as the principal
permitted use and designed to be used primarily for the occupants
of the principal use and their guests.
Facilities operated by a private organization and open only
to bona fide members and guests of such organization.
Facilities operated by the Borough, county or other governmental
agency.
A vehicular-type portable structure without permanent foundation
that can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including:
BOATS and TRAILERSIncludes any type of boat, float or raft, plus the normal equipment to transport the same on the public highway.
CAMP TRAILER or FOLDING TENT TRAILERA vehicular, portable structure built on a chassis or metal-walled body unit, mounted on wheels with a superstructure made, in part or in whole, of canvas and metal frame and designed for travel, recreational and vacation uses.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
PICKUP CAMPERA structure designed primarily to be mounted on a pickup or truck and with sufficient equipment to render it suitable for a temporary dwelling for travel, recreational or vacation uses.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational or vacation uses.
A facility limited to laboratories engaged in scientific
investigation, testing or the production of factual information for
industrial, commercial or institutional clients.
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
An establishment where food and drink are prepared and/or
consumed at tables within the principal building without facilities
for drive-through order and for drive-through pickup.
An establishment where food and drink are prepared, served,
and consumed primarily within the principal building with facilities
for drive-through order and/or drive-through pick up.
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law; or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances made
so as to combine existing lots by deed or other instrument.
Establishments engaged in providing services for individuals,
businesses, government and other organizations and include finance;
insurance, real estate, personal services; business services, miscellaneous
repair services; motion pictures, amusement and recreation services;
health services, educational services; social services, museums, art
galleries, botanical gardens and zoological gardens.
Establishments engaged in selling merchandise for individuals,
businesses, government and other organizations on a retail basis.
A wall designed to resist the lateral displacement of soil
or other material.
The lines that form the boundaries of a right-of-way.
Any apparatus with a flat or parabolic surface which is designed
for the purpose of receiving television, radio, microwave, satellite
or similar electronic signals. A satellite dish is considered an accessory
structure.
Any building or part thereof which is designed, constructed
or used for education of students up to and through the secondary
level and licensed by the State of New Jersey.
That line to which a building must be set back from the property
line.
[Added 11-16-1998 by Ord. No.
1742]
A commercial establishment which as one of its
principal business purposes offers for sales, rental or display any
of the following:
Books, magazines, periodicals or other printed
material or photographs, films, motion pictures, video cassettes,
slides or other visual representations which depict or describe a
specified sexual activity or specified anatomical area; or still or
motion-picture machines, projectors or other image-producing devices
which show images to one person per machine at any one time, and where
the images so displayed are characterized by the depiction of a specified
sexual activity or specified anatomical area, or instruments, devices
or paraphernalia which are designed for use in connection with a specified
sexual activity; or
A commercial establishment which regularly features
live performances characterized by the exposure of a specified anatomical
area or by a specified sexual activity, or which regularly shows films,
motion pictures, video cassettes, slides, or other photographic representations
which depict or describe a specified sexual activity or specified
anatomical area.
An individual, proprietorship, partnership, corporation,
association or other legal entity.
A triangular shaped portion of land established at intersections
in accordance with the requirements of this chapter in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct sight distance of motorists entering or leaving
the intersection.
Any device, fixture, placard or structure that uses color,
form, picture, display, graphic, illumination, symbol or writing to
advertise, attract attention to, announce the purpose of, or identify
a person, entity or thing, or to communicate any information to the
public.
A sign maintained which advertises or otherwise directs attention
to a use, business, products, commodity, service, activity or entertainment
manufactured, conducted, sold or offered elsewhere than on the premises
where such sign is located. See "billboard."
Any sign attached below the roof line to any part of a building,
as contrasted to a freestanding sign. Building signs include wall
signs, window signs, and canopy signs.
Any sign on, or attached to, an awning, marquee, or canopy,
fixed or movable, projecting from a building, and generally designed
and constructed to provide protection from the weather.
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
Any window sign that is painted directly on the window glass
with permanent paint, or that is mounted by bolts or screw, or otherwise
in a permanent fashion, on a permanent structure.
Any window sign that is not a permanent window sign.
Any sign attached parallel to, but within six inches of,
a wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
Any sign that is placed within a window or upon the window
panes or glass and is visible from the exterior of the window.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the
lot, including but not necessarily limited to topography, vegetation,
drainage, floodplains, marshes and waterways;
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board, adopted pursuant to N.J.S.A. 40:55D-37 et seq.
Deviation of a surface from the horizontal, usually expressed
in percent or degree.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
The governmental subdivision of this state which encompasses
this municipality, organized in accordance with the provisions of
Chapter 24, Title 4 (N.J.S.A. 4:24-1 et seq.).
A plan which indicates necessary land treatment measures,
including a schedule for installation, which will effectively minimize
soil erosion and sedimentation. Such measures shall be at least equivalent
to the standards and specifications as adopted by the Bergen County
Soil Conservation District.
The keeping or placing of goods, wares, materials, merchandise
or equipment in a warehouse or other structure or in any open space.
An accessory building used for the storage of items such
as, but not limited to, tools, lawn and garden equipment and furniture,
and similar items of personal property belonging to the occupant of
the principal structure.
Any storm drainage technique which retards or detains runoff,
such as a detention or retention basin, parking lot storage, rooftop
storage, porous pavement, dry wells or any combination thereof.
Collection and storage of stormwater runoff with release
being through infiltration and evaporation.
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it. A basement shall be considered to be a story where
the finished surface of the floor above the basement is more than
six feet above the finished ground level at any point.
[Amended 3-5-2002 by Ord. No. 1805; 8-5-2003 by Ord. No.
1886]
The lowest story or the ground story of any building, the
floor of which is not more than 12 inches below the average ground
level at the exterior walls of the building.
A space under a sloping roof that has the line of intersection
of the roof decking and wall face not more than three feet above the
top floor level and in which space the possible floor area with a
headroom of five feet or less occupies at least 40% of the total floor
area of the story directly beneath.
A watercourse having a source, terminus, banks and channel
through which waters flow at least periodically.
A street, avenue, boulevard, road, parkway, viaduct, drive
or other way which:
Is an existing state, county or municipal roadway;
or
Is shown upon a plat heretofore approved pursuant
to law; or
Is approved by official action as provided by
this chapter; or
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.
A street that collects traffic from local streets and connects
with major and minor arterials. See Figure 5.
A street with a single common ingress and egress with a turnaround
at the end. See Figure 5.
A street intended primarily for access to individual properties
and designed for local traffic. See Figure 5.
Any street or road intended to carry large traffic volumes
at steady speeds through the Borough. See Figure 5.
Any street that collects and distributes traffic to and from
collector streets. See Figure 5.
A street running parallel to a freeway or major arterial
and serving abutting properties. See Figure 5.
Any change to the supporting members of a building, such
as walls, columns, beams and girders.
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.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this chapter, if no new streets are created:
Divisions of land found by the Planning Board
or subdivision committee thereof appointed by the Chair to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property upon court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons, and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or atlas of the Borough.
The term "subdivision" shall also include the
term "resubdivision."
Water on land surface.
A map showing the boundary lines of the property and location
of existing improvements thereon, prepared by a licensed land surveyor
or licensed professional engineer.
A certification in lieu of oath or affidavit confirming the
accuracy of the survey.
A depression in the ground that channels runoff.
An artificial basin or other structure for the holding of
water, constructed on residential premises for the sole use of the
occupant of the premises, family and guests, for wading, swimming,
diving or other aquatic sports and recreation. The term "swimming
pool" shall not include any plastic, canvas, rubber or other small
receptacle temporarily erected on the ground and which holds less
than 500 gallons of water.
Any basin or structure for the holding of water for wading,
swimming, diving or other aquatic sports and recreation by the public
and for which a fee may or may not be charged, including any swimming
pool operated by a group, association or club, whether the use thereof
is restricted to members of said group, association or club or otherwise.
A building or part of a building devoted to showing motion
pictures or for dramatic dance, musical or other live performances.
The surface soil and soil material to a depth of six inches
tillage, its equivalent in cultivated soil or the original or present
"A" horizon plus "B" horizon (if in top six inches), as defined by
the National Cooperative Soil Survey of the United States Department
of Agriculture, before its removal or displacements for any purposes
whatsoever. Topsoil shall be capable of supporting vegetation indigenous
to the area.
Property which is the subject of a development application.
ROAD TRACTOREvery motor vehicle designed and used for drawing other vehicles and not so constructed as to carry either any load thereon independently or any part of the weight of a vehicle or load so drawn.
TRUCK TRACTOREvery motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Every vehicle with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight
rests upon the towing vehicle.
TRAILER, HABITABLESee "dwelling, mobile."
TRAILER, IMMOBILIZEDA mobile habitable structure which has been parked or semipermanently or permanently fastened to the ground, with or without sanitary, water and other utilities directly connected to the unit, which may be used for storage as well as other purposes.
TRAILER, GENERALA mobile structure which is movable from place to place, either under its own power or by towing, for use as an office, chapel or meeting room for the display of exhibits or advertising material or for use as a mobile machine or repair shop or as a portable generating station.
SEMITRAILEREvery vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.
POLE TRAILEREvery vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach or pole or by being boomed or otherwise secured to the towing vehicle and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes or structural members, capable, generally, of sustaining themselves as beams between the supporting connections.
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
The main or primary activity of any lot or parcel.
Permission to depart from the literal requirements of this
chapter.
An open area, other than a right-of-way or public parking
area, used for display, sale or rental of new or used vehicles in
operable condition and where no repair work is done.
A solid, vertical structure of wood, masonry or other material
serving to enclose, divide or protect an area.
A building or place adapted to the reception and storage
of goods, wares, materials and merchandise.
Any natural or artificial collection of water, whether permanent
or temporary.
Any natural or artificial watercourse, stream, river, creek,
ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine
or wash in which water flows in a definite direction or course, either
continuously or intermittently, and which has a definite channel,
bed and banks, and shall include any area adjacent thereto subject
to inundation by reason of overflow or floodwater.
Establishments or places of business primarily engaged in
selling merchandise to retailers; industrial, commercial, institutional
or professional business users; other wholesalers; or acting as agents
or brokers and buying merchandise for, or selling merchandise to,
such individuals or companies, but excluding lumber and building material
sales.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter shall be unoccupied and unobstructed from the
ground upward except as may be specifically provided in the zoning
provisions of this chapter.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at its closest point to the front lot line. Said front yard shall
be unoccupied and unobstructed from the ground upward, except as may
be permitted elsewhere in this chapter. See Figure 2.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building at its closest point to the rear lot line. Said rear
yard shall be unoccupied and unobstructed from the ground upward,
except as may be permitted elsewhere in this chapter. See Figure 2.
A space extending from the front yard to the rear yard between
the principal building and the side lot line. See Figure 2.
The Zoning Board of Adjustment as established under this
chapter.
A document signed by the Zoning Officer:
Which is required by ordinance as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building.
Which acknowledges that such use, structure
or building complies with the provision of the municipal Zoning Ordinance
or variance therefrom duly authorized by the appropriate agency of
the Borough pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.