The following chapter shall be known as the
"Building Zone Ordinance of the Borough of Old Tappan 1955."
It is the intention of this chapter to zone,
restrict and limit the use of land within the Borough. The use of
any land, whether or not there is a building thereon, for any use
prohibited hereby, in the district in which the same is located, shall
be unlawful.
A.
In their interpretation and application, the provisions
of this chapter shall be held to be minimum requirements, adopted
for the promotion of the public health, safety, comfort, convenience
and general welfare.
B.
Whenever the regulations of this chapter require a
greater width or size of yards, courts or other open spaces, or require
a lower height of building or less number of stories, or require a
greater percentage of lot to be left unoccupied, or impose restrictions
more extensive than are required by other ordinances of the Borough,
or regulation, the provisions of this chapter shall govern.
C.
Wherever the provisions of any statute of the State
of New Jersey or other ordinance or regulation of the Borough require
a greater width or size of yards, courts or open spaces, or require
a lower height of building or a less number of stories, or require
a greater percentage of lot to be left unoccupied, or impose restrictions
more extensive than are required by the regulations of this chapter,
the provisions of such statute of the State of New Jersey or other
ordinance or regulation of the Borough of Old Tappan, shall govern.
As used in this chapter, the following terms
shall have the meanings indicated:
A building or structure, as defined herein, which is not
in direct contact with the structural walls of the principal building,
and is customarily incidental and subordinate to the principal use
or building and located on the same lot with such principal building.
[Amended 11-17-2003 by Ord. No. 834-03; 6-18-2012 by Ord. No.
1048-12]
A use or building customarily incidental and subordinate
to the principal use or building and located on the same lot with
such principal use or building.
The total of areas taken on a horizontal plane at the main
grade level of the principal building and all accessory buildings,
exclusive of uncovered porches, terraces and steps.
That portion of the building above the highest finished habitable
floor not adjacent to living space on a habitable floor. Attic space
shall be unfurnished; will not count as a story; is not considered
habitable or living area; does not count as floor area; and can have
a maximum clear ceiling height of six feet. Any space adjacent to
living space (habitable area), whether the ceiling height is greater
or lower than seven feet, shall count as floor area.
[Added 6-18-2012 by Ord. No. 1048-12]
A dimension calculated by measuring the finished grade, as
defined herein, along the perimeter of the building or structure at
points 10 feet apart with the beginning point being the lowest finished
grade adjacent to the building or structure, and adding all of said
measurements and then dividing the total arrived by the number of
measurements taken.
[Added 6-18-2012 by Ord. No. 1048-12]
A dimension determined by measuring the natural grade, as
defined herein, along the perimeter of the building or structure at
points 10 feet apart with the beginning point being the lowest natural
grade adjacent to the building or structure, and adding all of said
measurements and then dividing the total arrived at by the number
of measurement taken.
That portion of a building or structure partially, but no
more than 50%, below the average finished grade but no more than six
feet above the average finished grade and having a floor-to-ceiling
height of not less than seven feet six inches.
[Amended 6-18-2012 by Ord. No. 1048-12]
Any dwelling in which more than three persons, whether individually
or as families, are housed or lodged for hire with or without meals.
A rooming house or a furnished room house shall be deemed a boardinghouse.
An area of land which provides a physical separation between
different use zones and different land uses. Said area shall remain
in its natural state, where wooded, or shall otherwise consist of
new landscaping and plantings, which may be combined and integrated
with berm areas. Within any such buffer zone, no buildings, structures,
driveways, parking or loading areas, or other use of the land shall
be permitted; provided, however, that decorative walls and fences
may be erected only at the edge or outside perimeter of the buffer
zone.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
The vertical distance measured from the lowest finished grade,
as defined herein, immediately adjacent to the building wall or from
the average natural grade, as defined herein, to the highest point
of the roof of any building including an accessory building, excluding
chimneys, television antennas, mechanical equipment (including but
not limited to elevator housings) and parapet walls not exceeding
four feet in height, whichever is greater.
That portion of a building or structure more than 50% below
the average finished grade, and having a floor-to-ceiling height of
not less than seven feet six inches which shall have no bedrooms.
[Amended 6-18-2012 by Ord. No. 1048-12]
A building or structure, or group of buildings or structures,
which by design and construction are intended for the conducting of
organized religious services, and accessory uses customarily associated
therewith including, but not limited to, the following: educational
services, facilities for weddings, funerals, bar and bat mitzvahs,
parish houses, rectories, convents, and other similar functions directly
related with the principal function of the church or house of worship;
and emergency shelters, places of assembly for self-help and support
groups, temporary shelter for the homeless in accordance with a local
or regional program and other similar accessory functions relating
to community services or needs, provided such uses are not residential
in nature.
An open space within or related to a residential cluster
development and designed and intended for the use and enjoyment of
residents and owners of the development.
Any system of wires, rods, discs, panels, flat panels, dishes,
whips, or other similar devices used for the transmission or reception
of wireless signals. An antenna may include an omnidirectional antenna
(rod), directional antenna (panel), parabolic antenna (disc) or any
other wireless antenna. A communications antenna shall not include
mobile cellular communications antennas or mobile cellular communications
towers as otherwise regulated under this chapter.
[Added 12-5-2016 by Ord.
No. 1105-16]
A community residential facility licensed pursuant to 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 persons with head
injuries, 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, supervised apartment living arrangements,
and hostels. Such a residence shall not be considered a health care
facility within the meaning of N.J.S.A. 26:2H-1 et seq. "Person with
head injury" means a person who has sustained an injury, illness or
traumatic change to the skull, the brain contents or its coverings
which results in a temporary or permanent physiological decrease of
mental, cognitive, behavioral, social or physical functioning which
causes partial or total disability.
A community residential facility licensed pursuant to 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 N.J.S.A. 26:2H-1 et seq. In the case of a 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. "Developmentally disabled person" means a person who
is developmentally disabled as defined in N.J.S.A. 30:11B-2, and "mentally
ill person" means a person who is afflicted with a mental disease
as defined in N.J.S.A. 30:4-23,[1] 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.
A 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 N.J.S.A. 30:14-1 et
seq., providing food, shelter, medical care, legal assistance, personal
guidance, and other services, to not more than 15 persons who have
been victims of domestic violence, including any children of such
victims, who temporarily require shelter and assistance in order to
protect their physical or psychological welfare.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court extending to a street line or opening upon any front,
side, rear yard.
That percentage of the plot or lot area covered by the building
area.
That percentage of plot or lot area covered by the building
area. Building area shall be computed by determining the first floor
area of any and all structures intended to be used or occupied on
a permanent basis and shall include, but not be limited to, buildings,
sheds, pool houses and garages and overhangs above the first floor
in excess of two feet.
[Added 2-22-2005 by Ord. No. 876-05]
That percentage of the plot or lot area covered by all impervious
surfaces, including, but not limited to, buildings and structures,
parking areas, driveways, tennis courts, patios, decks, swimming pools,
walkways and retention and detention basins. Special paver stones
with voids for grass will be calculated as impervious coverage based
upon the amount of impervious material area versus grass area as specified
in the manufacturer's literature.
[Added 2-22-2005 by Ord. No. 876-05;
amended 1-21-2014 by Ord. No. 1064-13]
A network of one or more antennas and fiber-optic nodes typically
mounted to streetlight poles, or utility structures, which provide
access and signal transfer services to one or more third-party wireless
service providers. DAS shall also include the equipment location,
sometimes called a "hub" or "hotel," where the DAS network is interconnected
with third-party wireless service providers to provide the signal
transfer services. The term shall be construed to include supporting
cables, wires, braces, masts or other appurtenances.
[Added 12-5-2016 by Ord.
No. 1105-16]
Any structure comprised of a single dwelling unit inhabited
or to be inhabited by one or more persons occupying the premises as
a single housekeeping unit.
A statement which shall provide information needed to evaluate
the effects of a proposed project upon the environment of the Borough
and the surrounding area and which shall include the following:
Any inventory of existing environmental conditions
at the project site and in the surrounding region which shall describe
air quality, water quality, water supply, hydrology, geology, soils,
topography, vegetation, wildlife, aquatic organisms, ecology, demography,
land use, aesthetics, history and archaeology; for housing, the inventory
shall describe water quality, water supply. hydrology, geology, soils
and topography.
A project description which shall specify what
is to be done and how it is to be done, during construction and operation.
A listing of all licenses, permits or other
approvals as required by law and the status of each.
An assessment of the probable impact of the
project upon all topics described in paragraph a hereinabove.
A listing of adverse environmental impacts which
cannot be avoided.
Steps to be taken to minimize adverse environmental
impacts during construction and operation, both at the projects site
and in the surrounding region.
Alternatives to all or any part of the project
with reasons for their acceptability or nonacceptability.
A reference list of pertinent published information
relating to the project, the project site, and the surrounding region.
One or more persons living, sleeping, cooking and eating
on the same premises as a single housekeeping unit.
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act, N.J.S.A. 30:5B-16 et seq.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline, oil or other fuel
for the propulsion of motor vehicles and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning or otherwise cleaning or servicing such motor vehicles.
A dimension or dimensions indicating the elevation of the
surface of real property above sea level as existing in its developed
state subsequent to any excavation, filling, earth movement, soil
removal, building, construction or alteration of such property.
The sum of the gross horizontal areas of the several floors
of a building measured from the outside face of the building and shall
include all square footage for accessory buildings exceeding 150 square
feet, except for two-car garages as noted herein. Except as provided
herein below, the computation of floor area ratio does not include
basements, cellars, garages (with a maximum capacity of two cars not
exceeding an area of 400 square feet, whether attached or detached,
that are at or below basement level), decks, patios and noninhabitable
areas such as accessory buildings not exceeding 150 square feet and
attics.
[Added 2-22-2005 by Ord. No. 876-05;
amended 11-21-2005 by Ord. No. 886RR-05; 6-18-2012 by Ord. No. 1048-12]
The sum of the area of all floors (as defined under "floor
area") of the existing or new buildigs or structures, compared to
the total area of the property on which the structures are located,
expressed as a percentage.
[Added 2-22-2005 by Ord. No. 876-05;
amended 6-18-2012 by Ord. No. 1048-12]
An occupation or a profession which:
Is customarily carried on in a dwelling unit
or in a building or structure accessory to a dwelling unit.
Is carried on by a member of the family residing
in the dwelling unit.
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes.
Which conforms to the following additional conditions:
The occupation or profession shall be carried
on wholly within the principal building or within a building or other
structure accessory thereto.
Not more than one person outside the family
shall be employed in the home occupation.
There shall be no exterior display, no exterior sign (except as permitted under § 255-8D, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
No offensive noise vibration, smoke, dust, odors,
heat or glare shall be produced.
In particular, home occupation includes, but
is not limited to the following:
Space within a dwelling unit utilized for living, such as,
but not limited to, sleeping, eating, cooking, bathing, washing and
sanitation purposes. "Living area" includes all those building elements
which comprise, or provide for, livable space, i.e., the area of floors
under all interior building walls.
[Added 6-18-2012 by Ord. No. 1048-12]
A parcel of land occupied or to be occupied by one principal
use, with its accessories and including the open spaces accessory
to it. No area shall be counted as accessory to more than one principal
use, and no area necessary for compliance with the open space requirements
for one principal use shall be included or counted in the calculation
of the open space accessory to any other principal use.
The horizontal distance between the front and rear lot lines,
measured along the perpendicular bisector of the front setback line.
The horizontal distance between the side lot lines measured
along the minimum front setback line, required for the zone in which
the lot is situated.
Housing affordable according to federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing
region in which the housing is located, and is subject to affordability
controls.
Any structure, combination of materials or form of apparatus
which is designed and used for the purpose of sending, transmitting,
receiving or relaying low-power mobile radio waves for commercial
communication purposes whether by cellular, personal communications
systems or other similar technologies.
A freestanding structure of any type which is designed, intended
or constructed for the installation of or on which is affixed a mobile
cellular communications antenna or antennas.
Housing affordable according to federal Department of Housing
and Urban Development or other recognized standards for home ownership
and rental costs, and occupied or reserved for occupancy by households
with a gross household income equal to more than 50% but less than
80% of the median gross household income for households of the same
size within the housing region in which the housing is located and
is subject to affordability controls.
A dimension or dimensions indicating the elevation of the
surface of real property above sea level as existing in its natural
state and prior to any excavation, filling, earth moving, soil removal,
building, construction or alteration of such property.
Use of a building or of land that does not conform to the
regulations as to use for the district in which it is situated.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved in connection with
a residential cluster development for public or private use or enjoyment
or for the use or enjoyment of owners and occupants of land adjoining
or neighboring such open space.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet exclusive
of passageways and driveways appurtenant thereto and giving access
thereto, and having direct access to a street or alley.
A townhouse type of building with one or two stores utilizing
an L-shape design and attached to other similarly shaped buildings
by no more than two party walls.
An open space area conveyed or otherwise dedicated to the
Borough, to a Borough agency, to the Old Tappan Board of Education,
to a state or county agency or to any other public body for recreation
or conservation uses.
Four attached dwellings in one structure in which each unit
has two open space exposures and share one or two walls with an adjoining
unit or units. In a quadruplex, one dwelling unit atop another is
permitted.
An area to be developed as a single entity according to a
plan approved by the Planning Board, containing single-family detached
dwelling units which have common open space or a public open space
as appurtenances.
A waste collection system that includes gravity sewers, force
mains, pumping facilities and other equipment that conveys wastewater
to a central treatment plant, which system shall be approved by the
State of New Jersey, Department of Environmental Protection, the Bergen
County Utilities Authority, the Mayor and Council, the Borough Engineer
and such other authorities as may have jurisdiction thereof.
Any building which is designed, constructed or used primarily
for educational purposes. Uses which are primarily custodial in nature,
such as day-care centers or similar uses are not schools. Uses wherein
instruction is given to individuals or groups in a building used principally
for other purposes are not schools.
An accessory structure or building, not to exceed 150 square
feet in area, used primarily for storage purposes.
[Added 6-18-2012 by Ord. No. 1048-12]
As used herein shall be defined as set forth in Article XVI, Signs, of this chapter.
As used herein shall be defined as set forth in Article XVI, Signs, of this chapter.
As used herein shall be defined as set forth in Article XVI, Signs, of this chapter.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between any floor and the ceiling
or roof next above, excluding basements, cellars and crawl spaces.
No such area shall be considered a story if it has an average height
of less than seven feet. Any such area having an average height of
less than seven feet shall be considered a half-story.
A public way which affords principal means of access to abutting
property.
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.
A building or structure designed for, or occupied by, no
more than one family or household and attached to other similar buildings
or structures by no more than two party walls extending from the foundation
to the roof and providing two direct means of access from the outside.
No dwelling unit in a townhouse shall be located above another unit.
Furthermore, each such dwelling unit shall be provided with cooking,
sleeping and sanitary facilities for the use of each family or household
of the townhouse. For the purpose of this chapter, a townhouse may
include a building or structure, title to which is held in a fee simple,
condominium, cooperative or leasehold ownership or any combination
thereof.
A townhouse type of structure in which a row of dwelling
units is permitted, with no dwelling unit permitted atop another,
except for the end units in the row.
A structure containing three dwelling units, each of which
has direct access to the outside or to a common hall.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
An unoccupied space open to the sky, on the same lot with
a building or structure.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and the front line of the building projected to the side lines
of the lot. The depth of the front yard shall be measured between
the front line of the building and the street line. Covered porches,
whether enclosed or not enclosed, shall be considered as part of the
main building and shall not project into a required front yard.
An open unoccupied space on the same lot with the building
between the rear line of the building and the rear line of the lot
and extending the full width of the lot.
An open unoccupied space on the same lot with the building
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.
