Borough of Rutherford, NJ Article II Definitions and Word Usage

§ 131-2 Interpretations; use of words; definitions.

A. General interpretation. All words used in this chapter in the present tense include the future tense. All words in the plural number include the singular number, and all words in the singular number include the plural number, unless the natural construction of the wording indicates otherwise. The word "person" includes a corporation as well as a person. The word "building" includes the word "structure." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged, constructed, altered, converted, rented, leased or designed to be occupied or used." The word "lot" includes the word "plot." The term "erected" shall be deemed also to include "constructed, reconstructed or altered or moved." The word "may" is permissive; the word "shall" is mandatory and not discretionary. The word "borough" means the "Borough of Rutherford" in the County of Bergen, State of New Jersey. The terms "Council," "Board of Adjustment" and "Planning Board" mean the respective official bodies of said borough.

B. Specific interpretation. All words and terms herein defined shall be specifically construed regarding their meanings and intent. Conformance with certain requirements as defined herein achieves compliance with the intent of this chapter to foster orderly development and secure the health, safety and welfare of the community.

C. 

Definitions and descriptions. For the purpose of this chapter, certain words and terms herein are defined as follows:

ACCESSORY BUILDING OR USE

A building or use which is customarily associated with and is subordinate and incidental to the principal building or use, and which is located on the same lot therewith. An accessory building attached to the principal building shall comply in all respects with the requirements applicable to the principal building.

ACTUAL CONSTRUCTION

The placing of construction materials in their permanent position, fastened in a permanent manner, except that where a basement or cellar is being excavated, such excavation shall be deemed to be "actual construction." Where demolition or removal of an existing structure has been substantially begun preparatory to rebuilding, such demolition and removal shall be deemed to be "actual construction," provided that work shall be diligently carried on until the completion of the building involved.

ADULT BOOKSTORE

An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, photographs, pictures, films, devices or other periodicals which are distinguished or characterized by their describing or relating to specified sexual activities or specified anatomical areas (as defined below), or an establishment with a segment or section devoted to the sale or display of such material.

ALTERATIONS

As applied to a building, a structure or use, any change in supporting or nonsupporting members of a building or structure, any addition to or diminution of a building or structure, or change in use from that of one district classification to another, or any removal of a building or structure, or part thereof, from one location to another.

AMUSEMENT CENTER

Any place or premises where four or more amusement machines are maintained for use and operation by the public.

AMUSEMENT MACHINE

Any machine, apparatus, contrivance, appliance or other device which, upon the insertion of a coin, slug, token, plate or disc, may be operated by the public generally for the use as a game, entertainment or amusement, whether or not registering a score. It shall include, but not be limited to, such devices as marble machines, pinball machines, skill ball, mechanical grab machines, baseball or tennis, hockey, road racing or bowling machines, coin-operated electronically controlled games that are carried out on an electronic screen and all games, operations or transactions similar thereto, under whatever name they may be indicated.

APARTMENT BUILDING

A building arranged, intended or designed to be occupied by three or more families living independently of each other in apartment units.

APARTMENT UNITS

A portion of a building designed or used exclusively as the residence or sleeping place of one or more persons, constituting one family, and shall include cooking and plumbing facilities.

ARCHITECTURALLY SIGNIFICANT ELEMENTS

Those visual aspects and physical features, including the overall shape of the building, its materials, craftsmanship, decorative details and relationship to its site and environment, that, considered together, establish a clear and cohesive architectural style and contribute to its historic or contemporary character.

[Added 9-12-2016 by Ord. No. 3403-16]

AVERAGE SETBACK

In such cases in residential zones where the existing dwellings on the same side of the street within 200 feet of either side line of the subject property form an existing setback line, the required front yard setback for a new dwelling or an addition to an existing dwelling shall be modified to the average setback of existing development within 200 feet on either side of the lot along the street line on the same side of the street or the required setbacks, whichever is greater, but in no case need the setback exceed 35 feet.

[Amended 2-16-1999 by Ord. No. 2884-99]

AWNING

A temporary roof-like structure consisting of a framing covered with canvas or similar material mounted partly, solely and/or projecting from the wall of a building for the purpose of shielding a doorway or window from the elements and/or providing a decorative trim and may be periodically retracted into the face of the building; also known as a "canopy."

BASEMENT

That portion of a building, partly below grade, which has more than 1/2 of its height above the average finished grade of the ground adjoining the building, measured from finished floor to finished bottom of the floor joist above. A basement shall be considered in determining the permissible number of stories, if the space is habitable or has a ceiling height of seven feet or more.

[Amended 12-19-2006 by Ord. No. 3127-06; 6-28-2011 by Ord. No. 3230-11]

BUFFER

Open space in addition to any required yards around the perimeter of any lot, where required by this chapter, as defined in Article IV, § 131-9. The space shall be maintained and protected by the owner on whose property it is located.

BUILDING

Any structure or portion thereof, either temporary or permanent, having a roof supported by columns, posts, piers or walls and designed or intended for the shelter, business, housing or enclosure of persons, animals or property of any kind.

BUILDING AREA

The total area within the outside dimensions or on horizontal plane at average grade level of the principal building, including decks and covered porches, but excluding uncovered platforms, terraces or steps. Any area of the building that does not have surrounding walls shall be included in the building area calculation if such areas are included within the horizontal projection of the floor above.

[Amended 12-19-2006 by Ord. No. 3127-06]

BUILDING COVERAGE

The ratio of the lot area which lies within the outside lines of exterior walls of all buildings on the lot to the total area of the lot, expressed as a percentage.

BUILDING HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at each outside corner of the building to the highest point of the roof for flat roofs, to the deckline of mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs. However, when the Zoning Officer or other Borough-appointed reviewing professional determines that the original grading within six feet of each outside corner of the proposed building or structure has been elevated by more than one foot, thereby reducing the building height and/or artificially increasing the maximum permitted building height elevation, then the difference in the elevation between the original grade and the finished grade that is in excess of one foot shall be subtracted in calculating the building height.

[Amended 12-19-2006 by Ord. No. 3127-06]

BUILDING LINE

A line formed by the intersection of an exterior wall of a building with the ground.

[Amended 7-22-2003 by Ord. No. 3024-03]

BUILDING LINE, FRONT

A line parallel to the front yard line touching that part of a principal building closest to the front yard line, excluding the dimensions of unroofed steps or an unroofed terrace.

[Added 7-22-2003 by Ord. No. 3024-03]

BUILDING, PRINCIPAL

A building within which is conducted the main or principal use of the lot on which said building is situated.

BULK

The size and shape of buildings and nonbuilding uses; the physical relationship of their exterior walls or their location to lot lines and other buildings or other walls of the same building; and all open spaces required in connection with a building. Bulk regulations include regulations dealing with building coverage lot area, lot area per dwelling unit, lot frontage, lot width, building height, required yards, courts, usable open space, spacing between buildings on a single lot and length of buildings in a row.

CAMPUS

The land owned or occupied by an educational institution for its academic and accessory purposes, consisting of a lot or lots occupied by the main academic buildings and adjacent lots.

CELLAR

A story of a building partly below grade, which has more than 1/2 of its height, measured from finished floor to finished ceiling, below the average finished grade of the ground adjoining the building. A cellar shall not be considered in determining the permissible number of stories.

[Amended 12-19-2006 by Ord. No. 3127-06; 6-28-2011 by Ord. No. 3230-11]

CEMETERY

A plot of ground set aside for the burial of dead animals and/or persons.

CERTIFICATE OF OCCUPANCY

A certificate issued upon completion of construction, alteration or change in occupancy of a building. The certificate shall acknowledge compliance with the requirements of this chapter and/or all other applicable requirements.

CHURCH or TEMPLE

A building or part thereof occupied or used by an organized religion recognized by the State of New Jersey wherein persons regularly assemble for worship. Such building shall be used only for such purpose and for those accessory activities as are customarily associated therewith.

CLUB

Premises or building reserved for the exclusive use of members of an organization and their guests for civic, charitable, social or recreational purposes not conducted for gain, provided that they are not conducting any merchandising or commercial activities except as required by the membership for the purposes of such club. "Club" shall be deemed to include club, society, fraternity, sorority, association, lodge, combine, federation, nonprofit organization and recognized charitable organizations. The conducting of sexually oriented business on the club premises shall be prohibited.

[Amended 3-16-1999 by Ord. No. 2887-99]

COMMERCIAL VEHICLE

Any vehicle used or maintained primarily for the transportation of property, including trucks, trailers, construction equipment and any vehicle bearing a commercial registration plate or having advertising affixed to its exterior surfaces but not including camping trailers, boat trailers, recreation trailers, utility trailers, camping vehicles, house trailers or recreation vehicles.

[Amended 8-10-1999 by Ord. No. 2907-99; 4-13-2015 by Ord. No. 3358-15]

COMMON PROPERTY

A parcel or parcels of land or an area of water, or a combination of land and water, together with the improvements thereon, designed or intended for the ownership, use and enjoyment shared by the residents and owners of the development. Common property may contain such complementary structures and improvements as are necessary and appropriate for the benefit of the residents and owners of the development.

CONDITIONAL USE

A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.

CONDOMINIUM

An apartment or townhouse building(s) where each dwelling unit is individually owned by respective housekeeping units, while common property is collectively owned and maintained by all residents of the buildings.

COURT

A required uncovered, unoccupied space other than a yard wholly or partly surrounded by buildings or walls.

CURB LEVEL

The mean level of the existing curb or of the lot at the midpoint of the lot, measured at the street line.

DENSITY

The number of dwelling units per acre which is permitted for various types of residential uses.

DEVELOPER

The legal or beneficial owner(s) of a lot or 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.

DEVELOPMENT

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 pursuant to this chapter.

DEVELOPMENT REGULATION

A Zoning Ordinance, Subdivision Ordinance, Site Plan Ordinance, Official Map Ordinance or other municipal regulation of the use and development of land, or amendment thereto, adopted and filed pursuant to this chapter.

DISTRICT

A zoning district as established and described in Article III, § 131-3 herein.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development and means necessary for water supply preservation or prevention or alleviation of flooding.

DRAINAGE RIGHT-OF-WAY

The land required for the installation of stormwater sewers or drainage ditches or those lands 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.

DRIVE-IN ESTABLISHMENT

A parcel of land or a building used for retailing purposes and in which the business is primarily conducted by a customer or client from within his automobile.

DRIVEWAY

An open area of paved land used as a means to provide vehicular ingress and egress to a property or lot.

DWELLING

A building or part of a building designed exclusively for residential occupancy, including single-family, two-family and multiple-family dwellings, but not including hotels, motels, rooming or boarding houses, trailers or other accommodations for the use of transient or overnight occupancy.

DWELLING, DETACHED

A building physically detached from other buildings or portions of buildings, which is occupied or intended to be occupied for residence purposes by one housekeeping unit and which has its own sleeping, sanitary and general living facilities.

DWELLING, GARDEN APARTMENT GROUP

A group of two or more multifamily dwellings, each of which contains at least eight dwelling units occupying a plot in one ownership.

DWELLING, MULTIFAMILY

A building or portion thereof containing three or more dwelling units on a single plot.

DWELLING, SEMIDETACHED

A building which contains two dwelling units, where the dwelling units are separated by a common wall and have separate access, and which is the only principal building on the lot.

DWELLING, SINGLE-FAMILY

A detached dwelling containing one dwelling unit only.

DWELLING, TOWNHOUSE UNIT

A multistory dwelling unit attached to another multistory dwelling unit and separated from each dwelling unit by a common wall complying with the building code for such common wall.

DWELLING, TWO-FAMILY

A building containing two dwelling units only.

DWELLING UNIT

A room or series of rooms containing living, cooking, sleeping and sanitary facilities for one housekeeping unit. A dwelling unit shall be self-contained and shall not require the use of outside stairs or common hallways passing through another dwelling unit or other indirect route(s) for access to any portion of the dwelling unit, nor shall there be shared facilities with another housekeeping unit.

EXISTING GRADE

The vertical location of the existing ground surface prior to cutting or filling.

EXTERIOR INSULATION AND FINISH SYSTEM (EIFS)

A non-load-bearing exterior wall cladding system that consists of an insulation board attached either adhesively or mechanically, or both, to the substrate; an integrally reinforced base coat; and a textured protective finish coat.

[Added 9-12-2016 by Ord. No. 3403-16]

FAMILY

One or more persons, including domestic employees, occupying a dwelling unit and living as a single, nonprofit housekeeping unit.

FENCE

A barrier of permanent construction, such as wood, metal posts, rails, wire mesh or similar material, used as a means of protection or confinement, consisting of either of two types:

[Amended 3-14-2016 by Ord. No. 3391-16]

A. OPEN FENCE A fence that is at least 50% open construction, having open spaces at least the same size between each two pickets, slats or other construction element, including chain link fences.

B. SOLID FENCE A fence which is constructed of material which has no open spaces, such as a stockade or basket fence or chain link fences with slats woven through.

FINISHED GRADE

The completed surface of lawns, walls and roads brought to grades as shown on official plans or designs relating thereto.

FLOOD HAZARD AREA

The area composed of the channel, floodway and flood hazard area as defined by the United States Department of Housing and Urban Development Flood Insurance Study and shown on the Flood Insurance Rate Maps and Flood Boundary - Floodway Maps, as amended and supplemented, adopted by the borough and set forth in Chapter 37, Flood Damage Prevention, of this Code.

FLOOR AREA

The sum of the area of all floors of a building measured from the inside surfaces of the walls enclosing the part of a building occupied by a single occupant or shared by a distinct group of occupants, excluding common halls, off-street parking and loading space, stairwells, elevator shafts, sanitary facilities and storage and other areas to which patrons or other users do not have regular access.

FLOOR AREA, GROSS

The sum of the area of all floors of a building measured from the exterior faces of the exterior walls or from the center line of walls separating two buildings, including basements or any other floor area below grade when used for residential, office, business, storage, industrial or other purposes, but not including basements or other floor area below grade when used for the housing of heating or other mechanical equipment.

FRONT FACADE

The exterior walls of a building exposed to public view and facing a public street.

GARAGE, COMMERCIAL

A building or part thereof, other than a private garage, used for the storage, care or repair of public motor vehicles customarily used for private transportation, local school buses and commercial vehicles.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted for profit therein nor space therein for more than one car is leased to a nonresident of the premises.

GREENHOUSE

A building made mainly of glass, in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants. As defined here, greenhouses are intended as accessory uses to residences. They shall not exceed 500 square feet in floor area. No business or selling to the public shall be conducted from such greenhouse.

HISTORIC SITE

Any building, structure, area or property that is significant in the history, architecture, archeology or culture of the municipality and has been so designated.

HISTORIC STRUCTURE

Any structure that is:

[Added 9-12-2016 by Ord. No. 3403-16]

A. Listed individually on the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district preliminarily determined by the Secretary to qualify as a registered historic district;

C. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of the Interior; or

D. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.

HOTEL

A building containing rooms which are rented or hired out to be occupied for sleeping purposes by guests and where only a general kitchen and dining room are provided within the building or in an accessory building. Such facility shall provide for a main entrance lobby allowing access to all sleeping rooms existing within the building. A hotel of 100 sleeping rooms or more located in the B-2 or ORD Zone may be permitted to hold a Class C plenary retail consumption license. This definition shall not include motor hotels, motels, motor courts, tourist homes and other similar transient traveler establishments.

HOUSEKEEPING UNIT

One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.

IMPERMISSIBLE UNIT

A residential rental unit which is a residential rental unit for which no certificate of occupancy has been issued, or a residential rental unit which is in excess of the number of such units for a particular building or zone according to this chapter, or a residential rental unit which was created without the required plumbing, electrical or building permits.

IMPERVIOUS SURFACE

A surface that has been compacted or covered with a layer of material so that it is highly resistant to infiltration by water (i.e., surface parking, driveways, access aisles, walkways, patios), but not including principal and accessory building.

JUNKYARD

A lot, land or a structure, or part thereof, used primarily for the collection, storage and sale of wastepaper, rags, scrap metal, used building materials, house furnishings, machinery or other discarded materials or for the collection, dismantling, storage and salvage of machinery or vehicles not in running condition and for the sale of parts thereof.

LANDING

Landings for exterior stairways shall be no larger than the stairway or door that is served by the landing, with one permitted additional foot on each side of the door assembly. Every landing shall have a maximum dimension of 36 inches measured in the direction of travel.

[Added 12-19-2006 by Ord. No. 3127-06]

LIGHT INDUSTRY

Any production, processing, manufacture, fabrication, cleaning, servicing, testing, repair or storage of goods, materials, vehicles or products, and business offices accessory thereto, but not including the storage of flammable, explosive or environmentally hazardous materials as a principal use.

LOADING SPACE

An off-street space or berth on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading or unloading.

LOT

Any parcel of land separated from other parcels or portions as by a lawful subdivision or deed of record, survey map or by metes and bounds, except that, for purposes of this chapter, contiguous undersized lots under one ownership shall be considered as one lot, and except further that no portion of a street shall be included in calculating the lot boundaries or areas.

LOT AREA

The areas contained within the lot lines of a lot but shall not include any portion of the street right-of-way.

LOT, CORNER

A lot on the junction of and abutting two or more intersecting streets where the interior angle of intersection does not exceed 135º.

[Amended 3-14-2016 by Ord. No. 3391-16]

LOT DEPTH

The average horizontal distance between the front and rear lot lines, measured from the midpoint of the front lot line, at right angles or radially to the street line, to the rear lot line.

LOT FRONTAGE

The horizontal distance between side lot lines measured along the street line. The minimum lot frontage shall be the same as the lot width, except that, on curved alignments with an outside radius of less than 500 feet, the minimum distance between the side lot lines measured along the street line shall not be less than 75% of the required minimum lot width. In the case of a corner lot, either street frontage which meets the minimum frontage required for that zone may be considered the lot frontage.

[Amended 3-14-2016 by Ord. No. 3391-16]

LOT, INTERIOR

A lot other than a corner lot.

[Amended 3-14-2016 by Ord. No. 3391-16]

LOT LINE

Any line forming a portion of the exterior boundary of a lot and the same line as the street line for that portion of a lot abutting a street.

[Amended 3-14-2016 by Ord. No. 3391-16]

LOT LINE, FRONT

A line dividing a lot from a street.

[Amended 3-14-2016 by Ord. No. 3391-16]

LOT LINE, REAR

Any lot line other than a front lot line which is most distant from and most nearly parallel to the front lot line.

[Amended 3-14-2016 by Ord. No. 3391-16]

LOT LINE, SIDE

Any lot line that is not a front or rear lot line.

[Amended 3-14-2016 by Ord. No. 3391-16]

LOT, NONCONFORMING

A lot which does not comply with the regulations prescribed in Article IV, § 131-7A, for the district in which it is located, but was in existence at the time such regulation(s) became effective and was lawful at the time it was established.

LOT OF RECORD

A lot which is part of a subdivision recorded in the office of the Clerk of Bergen County, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT WIDTH

The straight and horizontal distance measured perpendicular to and between the lot lines. The minimum lot width shall be maintained a minimum distance of 50 feet from the front lot line.

MAJOR ALTERATIONS

As applied to a building, a structure or use, any change in supporting or nonsupporting members of a building or structure, involving 50% or more of the recorded true valuation or a change in use from that of one district classification to another, or any removal of a building or structure, or part thereof, from one location to another.

[Added 12-1-1998 by Ord. No. 2874-98]

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as adopted pursuant to law, namely the Borough of Rutherford Master Plan.

MOTOR VEHICLE REPAIR FACILITY

Lands and buildings on which the primary use is the maintenance and minor repair or servicing of motor vehicles, provided that the cleaning, dry cleaning, polishing, or washing of motor vehicles shall be prohibited except as it may be accessory to such primary use, and provided, further, that such facilities may not provide for body repairs, painting, welding, new or used car sales, leasing of trucks and trailers, nor the storage of inoperable or wrecked vehicles, except as may be incidental to the servicing of the vehicle.

[Amended 10-22-2013 by Ord. No. 3309-13]

MULTIFAMILY HOUSING DEVELOPMENT

A building containing three or more dwelling units occupied or intended to be occupied by persons living independently of each other, or a group of such buildings.

MUNICIPAL AGENCY

The Municipal Planning Board or Board of Adjustment or governing body of the borough when acting pursuant to this chapter.

NEW CAR AND TRUCK DEALERSHIPS

An establishment whose primary use is the sale and servicing of new automobiles and trucks. Such use may include the sale and servicing of used automobiles and trailers only as a secondary function to the primary use.

NONCONFORMING BUILDING OR USE

A building or use which, in its location or size, does not comply with the regulations prescribed in this chapter for the district in which it is located, but was in existence at the time such regulations became effective and was lawful at the time it was established.

NONCONFORMING LOT

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.

[Added 12-13-2021 by Ord. No. 3588-21]

OFFICIAL MAP

A map adopted pursuant to Article 5 of the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975,[1] or any prior act authorizing such adoption. Such a map shall be deemed to be conclusive with respect to the location and width of streets and public drainageways and the location and extent of flood control basins and public areas.

OFF SITE

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 on a contiguous portion of a street or right-of-way.

OFF TRACT

Located outside the limits of the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

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.

OWNER

An individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to develop the same under this chapter.

PARKING SPACE

An area of not less than nine feet wide by 19 feet in length, either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwelling units from being considered off-street parking areas, provided that no portion of such driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area is intended to be sufficient to accommodate the exterior extremities of the vehicle, whether, in addition thereto, wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicular to each other, regardless of the angle of the parking space to the access isle or driveway. Each space shall have direct access to a street, driveway or aisle.

PERFORMANCE GUARANTY

Any security which may be accepted, including cash, provided that the borough shall not require more than 10% of the total performance guaranty in cash.

PERFORMANCE STANDARD

A criterion established to control noise, odor, smoke, toxic or noxious matter, vibration, fire and explosion hazards, and glare or heat generated by or inherent in uses of land or buildings.

PERMITTED USE

Any use of land or buildings as allowed by this chapter.

PLACE OF ASSEMBLY, PUBLIC

Auditorium, church, clubhouse, meeting hall, restaurant with assembly facilities, temple or other structure or portion of a structure used at regular or periodic intervals as a gathering place for purposes of amusement, athletic programs, conferences, cultural programs, deliberation, education, entertainment, recreation, social programs or worship.

PLANNED COMMERCIAL DEVELOPMENT

A parcel having a minimum area of 70,000 square feet to be developed according to a plan as a single entity containing one or more structures with appurtenant common property to accommodate commercial or office uses, or both, and any residential or other uses incidental to the predominate uses which may be permitted herein and as further delineated in N.J.S.A. 40:55D-23 et seq.

PLANNING BOARD

The Municipal Planning Board of the Borough of Rutherford established pursuant to Article 2 of the Municipal Land Use Law, Chapter 291 of the Laws of New Jersey 1975.

[2]

PLAT

A map or maps of a subdivision or site plan.

PLAT, FINAL

The final map of all or a portion of a subdivision or site plan which is presented to the Planning Board for final approval in accordance with these regulations and which, if approved, shall be filed with the proper county recording officer.

PLAT, PRELIMINARY

The preliminary map indicating the proposed layout of a subdivision or site plan which is submitted to the Planning Board for consideration and preliminary approval.

PLAT, SKETCH

The sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification.

PRINCIPAL USE

The main purpose for which a lot or building is used.

PUBLIC AREA

A. Public parks, playgrounds, trails, paths and other recreational areas;

B. Other public open spaces;

C. Scenic and historic sites; and

D. Sites for schools and other public buildings and structures.

PUBLIC DRAINAGEWAY

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 channel and providing for the flow of water to safeguard the public against flood damage, sedimentation and erosion.

PUBLIC FACILITIES

The use of land or buildings by the governing body of the borough or any officially created authority or agency thereof.

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 conservational use.

RECREATIONAL VEHICLE

A portable structure or wheel-based structure built on a chassis, which is either self-propelled or designed to be transported by traction, which is intended by its manufacturer to be used as a temporary dwelling for travel, camping or vacation purposes. "Recreational vehicle" shall include camping trailers, motorized homes, travel trailers and boat and snowmobile trailers, which are defined as follows:

A. CAMPING TRAILER A type of trailer that is designed and constructed with collapsed walls. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.

B. MOTORIZED HOME A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

C. TRAVEL TRAILER A wheel-based vehicle built in a chassis designed to be hauled by traction.

D. BOAT AND SNOWMOBILE TRAILER A wheel-based vehicle on a chassis designed to be hauled by traction, which is specifically designed for transporting boats or snowmobiles.

RECYCLING AREA

A space allocated for collection and storage of source-separated recyclable materials.

RESIDENTIAL DENSITY

The number of dwelling units per gross acre of residential land area, including streets, easements and open space portions of a development.

RESIDENTIAL RENTAL UNIT

A building or portion thereof rented or offered for rent for dwelling purposes to one or more tenants or family units.

RESTAURANT

Any establishment, however designated, at which food is sold for consumption on the premises, within the building in which the food is prepared. However, a snack bar or refreshment stand at a public or community swimming pool, playground, golf course, playfield or park, operated solely by the agency or group operating the recreational facility and for the convenience of patrons of the facility, shall not be deemed to be a "restaurant." A restaurant of 125 seats or more, excluding outdoor seats, located in the B-2, ORD or HMDC Zone, shall be permitted to hold a Class C plenary retail consumption license.

RESTAURANT, DRIVE-IN

Any fast-food restaurant which also provides drive-in facilities which allow customers to be served directly from the building without leaving their automobiles.

RESTAURANT, FAST-FOOD

An establishment whose primary business is the sale of food for consumption on or off the premises which is primarily intended for immediate consumption rather than for use as an ingredient or component of meals; available upon a short waiting time; and packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold.

SATELLITE ANTENNA OR DISH

Any apparatus which is designed for the purpose of receiving telephone, radio, microwave, satellite or similar signals, but not including the conventional television antennas.

SCHOOLS

Any nonprofit educational facility, including private schools, nursery schools, day-care facilities, elementary schools and high schools.

SENIOR HOUSING

An apartment building, arranged, designed and utilized for housing elderly and handicapped persons and families, as those terms are defined by the United States Department of Housing and Urban Development, containing both apartment units and other accessory areas designed and intended for the benefit of the residents thereof.

SERVICE STATION

Lands and buildings providing for the retail sale and direct delivery to motor vehicles of fuel, lubricants and automotive accessories, which may include facilities for the maintenance and minor repair, cleaning, dry cleaning, polishing, washing or otherwise cleaning or servicing of motor vehicles. Such facilities may not provide for body repairs, painting, welding, new or used car sales, leasing of trucks and trailers or the storage of inoperable or wrecked vehicles (except as may be incidental to the general servicing of the vehicle).

SETBACK LINE

A line that establishes a minimum horizontal distance parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that establishes a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend. A front yard porch shall be included in the front yard setback calculations if said porch width is 25% or greater of the front facade width of the principal building.

SEXUALLY ORIENTED BUSINESS

A commercial establishment which, as one of its principal business purposes, offers for sale, 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.

[Added 3-16-1999 by Ord. No. 2887-99]

SIGN

Any building, structure or device or portion thereof on which any announcement, declaration, display, illustration or insignia is used to advertise or promote the interest of any person, place, subject, firm, corporation, article or product whatsoever, including flags and pennants, when the same is placed in view of the general public.

SIGN, ADVERTISING

A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises where the sign is located.

SIGN AREA

The entire face of a sign, including the advertising surface and any framing, trim or molding, excluding supporting structures that are not considered part of the sign proper or of the display. The area of a sign composed of characters or words attached directly to a large, uniform, building wall surface shall be the smallest rectangle that encloses the whole group.

[Amended 7-22-2003 by Ord. No. 3024-03]

SIGN, BUSINESS

A sign which directs attention to a permitted business, commercial enterprise, industry, office or profession conducted upon the premises, which sign shall be an integral part of such establishment. A "for sale" sign or a "for rent" sign relating to the property on which it is displayed shall be deemed a "business sign."

SIGN, FREESTANDING

A sign which is erected and independently supported without attachment to any building or other structure.

SIGN, PROJECTING

A sign erected other than parallel to the wall of a building.

[Amended 7-22-2003 by Ord. No. 3024-03]

SIGN, WALL

A sign erected against the wall of any building with the exposed face of the sign in a parallel plane with the face of the wall at a distance of 12 inches or less from the wall, measured perpendicularly.

SITE PLAN

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 buffers; and any other information that may be reasonably required in order to make an informed determination pursuant to the Municipal Land Use Law[3] and this chapter, requiring review and approval of site plans by the Planning Board or Board of Adjustment.

SITE PLAN REVIEW

The examination of the specific development plans for a lot. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Planning Board or the Board of Adjustment.

SPECIFIED ANATOMICAL AREAS

Less than completely and opaquely covered human genitals, pubic region, buttocks, female breasts below a point immediately above the areola or human male genitals in a discernably turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

Human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy or fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

STORAGE SHED, PRIVATE

An accessory building or structure only for the storage of tools, implements, appliances and other items incidental to the care and upkeep of the dwelling unit or structure on the lot. Such sheds shall be firmly anchored to the ground to keep the building stationary and intact and shall be limited in size by the accessory building requirements of the individual zone districts established herein.

STOREFRONT

The front side of a store or store building facing a street.

[Added 9-12-2016 by Ord. No. 3403-16]

STORY

That portion of a building included between the surface of any floor and the surface of the next floor above it, or, if there is no floor above it, then the space between the floor and the ceiling or joist next above it.

[Amended 12-19-2006 by Ord. No. 3127-06]

STORY, HALF

A half story is the area under a pitched roof at the top of a building, the floor of which is not more than four feet below the plate, and where the floor area with a ceiling height of seven feet or greater does not exceed 60% of the gross floor area of the story below. An exterior architectural feature such as a dormer, turret, cupola or bay window may not be considered a story or half story, provided that such individual architectural features is no greater than 10 feet in width and provided that these features in the aggregate do not exceed 15% of the total roof area.

[Added 12-19-2006 by Ord. No. 3127-06]

STORY HEIGHT

The vertical distance from the top surface of the floor to the top surface of the floor next above. The height of the topmost story is the distance from the top surface of the floor to the top surface of the ceiling joists.

STREET

Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, which is shown upon a plat heretofore approved pursuant to law, which is on a plat duly filed and recorded in the office of the County Recording Officer or which is approved by official action as provided by this chapter, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.

STREET LINE

The edge of the existing or future street right-of-way, whichever would result in the widest right-of-way, as shown on the adopted Master Plan or Official Map, forming the dividing line between the street and a lot.

STRUCTURE

Anything constructed, assembled or erected which requires location on the ground or attachment to something having such location on the ground, including but not limited to antennas, buildings, fences, tanks, towers, signs, advertising devices, swimming pools, tennis courts and solar energy collectors.

[Amended 3-14-2016 by Ord. No. 3391-16]

STRUCTURE HEIGHT

The vertical distance measured from the average elevation of the proposed finished grade at the front of the structure to the highest point of the structure. An accessory structure shall comply in all respects with the height regulations of accessory buildings except as otherwise regulated herein.

[Amended 3-14-2016 by Ord. No. 3391-16]

SUBDIVISION

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, provided that no new streets are created: divisions of land for agricultural purposes where the resulting parcels are five acres or larger in size; divisions of property by testamentary or intestate provisions; divisions of property upon court order; or conveyances so as to combine existing lots by deed or other instrument. "Subdivision" also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or to the lands or territory divided.

SUBDIVISION COMMITTEE

A committee of at least three Planning Board members appointed by the Chairman of the Board for the purpose of reviewing subdivisions and site plans in accordance with the provisions of this chapter and performing such other duties relating to land subdivision which may be conferred on this Committee by the Board.

SUBDIVISION, MAJOR

Any subdivision not classified as a minor subdivision.

SUBDIVISION, MINOR

A subdivision of land that does not involve the creation of more than three lots fronting on an existing street, a planned development, any new street or the extension of any off-tract improvement.

SWIMMING POOL, PORTABLE

Portable pools shall not be subject to the requirements of Article V, § 131-20, and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed 18 inches in depth; do not exceed a water surface area of 100 square feet; and do not require braces or supports.

SWIMMING POOL, PRIVATE RESIDENTIAL

Includes artificially constructed pools, whether located above or below the ground, having a depth of more than 18 inches and/or a water surface of 100 square feet or more; designed and maintained for swimming and bathing purposes by an individual for use by members of his household and guests and which is located on a lot as an accessory use and shall include all buildings, structures, equipment and appurtenances thereto.

TOP PLATE

A horizontal structural member that provides bearing and anchorage for the trusses, roof, or rafters.

[Added 12-19-2006 by Ord. No. 3127-06]

TOWNHOUSE DWELLING GROUP

A group of two or more separate townhouse structures.

TOWNHOUSE STRUCTURE

A building containing at least three and no more than six townhouse units.

TRACT

An area of land composed of one or more lots adjacent to one another, having sufficient dimensions and area to make one parcel of land meeting the requirements of this chapter for the use(s) intended. The original land area may be divided by one existing public street and still be considered one tract, provided that the street is not an arterial road and that a linear distance equal to more than 75% of the frontage of the side of the street having the larger street frontage lies opposite an equivalent linear distance of street frontage on the other side of the street.

TRELLIS

A flat, light frame consisting of wooden or metal latticelike strips crossing one another in various patterns, used as a screen or a support for vines or plants.

[Added 5-18-1999 by Ord. No. 2892-99]

UNIVERSITY

An educational institution of a high level, authorized to confer various degrees, such as associate's, bachelor's, master's and doctor's, in a variety of disciplines. Such institutions shall include universities, colleges and community colleges.

USE

The specific purpose for which either land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

VARIANCE

Permission to depart from the literal requirements of this chapter.

YARD, FRONT

An open space extending across the full width of the lot and lying between the street line and the closest point of any building on the lot. The depth of the front yard shall be measured horizontally and at right angles to either a straight front lot line or the point of tangent of a curved front lot line. The minimum required front yard shall be the same as the required setback.

[Amended 3-14-2016 by Ord. No. 3391-16]

YARD, REAR

An open space extending across the full width of the lot and lying between the rear lot line and the closest point of the principal building on the lot. The depth of the rear yard shall be measured horizontally and at right angles to either a straight rear lot line or the point of tangent of curved rear lot lines. The minimum required rear yard shall be the same as the required rear setback.

[Amended 3-14-2016 by Ord. No. 3391-16]

YARD, SIDE

An open space extending from the front yard to the rear yard and lying between each side lot line and the closest point of the principal building on the lot. The width of the required side yard shall be measured horizontally and at right angles to either a straight side line or the point of tangent of curved side lot lines.

[Amended 3-14-2016 by Ord. No. 3391-16]

ZONING PERMIT

A document signed by the Zoning Officer which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of this chapter or variance therefrom duly authorized as provided herein.

[1] Editor's Note: See N.J.S.A. 40:55D-32 et seq.

[2] Editor's Note: See N.J.S.A. 40: 55D-23 et seq.

[3] Editor's Note: See N.J.S.A. 40:55D-1 et seq.