For the purposes of this chapter, the following
rules shall be applied: The singular number shall include the plural
and vice versa. The word "building" includes the word "structure";
the word "zone" includes the word "district"; the word "occupied"
includes the word "designed" and the phrase "intended to be occupied";
the word "use" includes the words "arranged," "designed" and the phrase
"intended to be used"; and the word "shall" is always mandatory.
For the purpose of this chapter, specific words
and phrases are to be interpreted in accordance with the following
definitions and shall be deemed to have the following meanings:
A subordinate building or structure on the same lot with
a main building, occupied or devoted exclusively to an accessory use
and under the same ownership and control as the main building. A private
swimming pool or a private tennis court is an accessory structure
in any residential zone. A deck, as defined herein, may be treated
as an accessory building or structure in any residential zone. A deck
not meeting the definitional requirements as contained herein shall
be considered part of the principal building or structure.
[Amended 11-15-1982 by Ord. No. 885; 6-13-1989 by Ord. No.
1068; 9-17-1991 by Ord. No. 1124; 12-17-1991 by Ord. No. 1131]
A use naturally and normally incidental to and subordinate
to the primary function of the premises.
The following individuals shall be designated as administrative
officers as permitted by and pursuant to N.J.S.A. 40:55D-3: the Township’s
Construction Code Official, the Township Engineer, Township Zoning
Official, Planning Board Secretary and the Secretary to the Board
of Adjustment.
[Added 1-15-2013 by Ord. No. 1705]
An establishment devoted to providing services in connection
with physical fitness, exercise and/or weight control.
[Added 9-20-1988 by Ord. No. 1044]
An establishment or enterprise selling fuel or oil for use
in connection with motor vehicles, or an establishment or enterprise
repairing, storing or servicing motor vehicles.
The Zoning Board of Adjustment of the Township of Wyckoff.[1]
Any structure having a roof supported by walls, columns or
piers and any platform, terrace or porch not having a roof and having
a vertical height of more than three feet above the level from which
the height of the building is measured, including tents, lunch wagons,
trailers, dining cars, camp cars or other structures on wheels or
having other supports.
The total area within outside dimensions on a horizontal
plane of the main grade level of the principal building, and all accessory
buildings, exclusive of steps.
[Amended 12-30-1985 by Ord. No. 973]
The vertical distance measured from the lowest finished level
of the ground immediately adjacent to the outside wall of the building
to the highest point of its roof, which shall exclude built-up planters.
[Amended 12-19-1989 by Ord. No. 1080]
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In the case of a cantilevered
section of the building, the vertical plane shall coincide with the
furthest projection. All yard requirements shall be measured to the
building line.
See "principal building."
A certificate issued by the Construction Official of the
Township of Wyckoff indicating that the construction authorized by
construction permit has been completed in accordance with the construction
permit, the applicable section of the State Uniform Construction Code,
and any ordinance implementing said code.
[Amended 10-2-2001 by Ord. No. 1399]
A development of single-family detached residences in which the density of the total development is the same as that otherwise permitted in the zone, but in which the areas of the individual lots are reduced and the resulting excess land is permanently set aside for park, recreation or open space as provided in § 186-33.
A motor vehicle, including but not limited to trucks, pickup
trucks, panel trucks, vans, tractors and trailers, either registered
as a commercial vehicle or designed to be used to transport goods,
merchandise, equipment or tools of a commercial enterprise, business,
trade or occupation. Commercial vehicle shall also include buses,
school buses, taxis, livery vehicles, omnibuses and commuter vans.
[Amended 9-21-1993 by Ord. No. 1177; 2-10-1998 by Ord. No.
1279]
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.
A use permitted in a particular zone 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. Any reference herein to the words "special
exception" shall be deemed to read "conditional use."
[Added 4-17-1979 by Ord. No. 795]
A 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 as required by N.J.S.A. 46:8b-1.
Any incorporated or unincorporated association of persons
not for pecuniary profit organized pursuant to any law of the State
of New Jersey or the federal government with a primary purpose of
providing housing units for its members, stockholders and others and
for the operation, management and maintenance of the same.
An unenclosed, roofless structure used for outdoor recreation,
lounging, dining or the like, having a maximum floor height constructed
at a level not exceeding the main living floor of the principal residential
building.
[Added 9-17-1991 by Ord. No. 1124; amended 12-17-1991 by Ord. No.
1131]
Any establishment where food and/or beverages are sold to
the consumer and where motor vehicle parking space is provided and
where such food and/or beverages are intended to be consumed in the
motor vehicles parked upon the premises or anywhere on the premises
outside the building.
A detached building designed for or occupied by one family.
A building designed for or occupied by two families living
independently of each other.
A building or a portion thereof designed or used as living
facilities for one family.
A business entity operated for profit or nonprofit by a sole
proprietorship, partnership, limited liability company or corporation.
[Added 7-19-1994 by Ord. No. 1207]
The total wall surface, including door and window areas,
of a building's principal face. In the case of a corner building which
fronts on more than one street, only one face shall be used to calculate
the "facade" area.
One or more persons related by blood or marriage living together
as a single housekeeping unit, or a collective number of persons living
together in one house whose relationship is of a permanent and domestic
character and cooking as a single housekeeping unit. This definition
shall be deemed to include maids, servants or other employees of one
or more members of a "family." This definition shall not include any
society, club, fraternity, sorority, association, lodge, combine,
federation, group or organization, nor include a group of individuals
whose association is temporary or transient in character or nature.
Any parcel of land five acres or larger in size which is
used for the raising of agricultural products, livestock, horses,
poultry or dairy products. The keeping or raising of horses for personal
use or profit shall be considered a "farm." Keeping of pigs, goats,
mink and other obnoxious animals is prohibited. Commercial kennels
for breeding or boarding, animal hospitals, commercial slaughtering
and reduction of inedible animal matter are prohibited. Pigeons, except
homing pigeons, shall be confined at all times. All farm animals,
including poultry, shall be confined to property lines at all times.
Any building used for the housing of agricultural equipment,
produce, livestock or poultry or for the incidental or customary processing
of farm products, provided that such building is located on, operated
in conjunction with and is necessary to the operation of a farm as
defined above.
A roadside stand used in connection with a farming operation
and located on such premises and used for the purpose of display and
sale of farm products raised by the owner on the premises and which
has a maximum area of 30 square feet. Such a roadside stand must be
removed as soon as the products grown on the premises have been seasonably
disposed of.
A certificate issued by the Zoning Administrator of the Township
of Wyckoff which certifies that the construction and erection of a
fence is in conformance with all the requirements and provisions of
the Zoning Code of the Township of Wyckoff.
[Added 11-20-2000 by Ord. No. 1363]
The sum of the gross horizontal areas of a floor or several
floors of a building, including enclosed building projections, porches
or similar enclosed structures, and including areas used for human
occupancy in basements, all as measured from the exterior building
dimensions. It shall not include unoccupied floors in any basement,
cellar, open porches or balconies, garage space or accessory building.
[Amended 6-13-1989 by Ord. No. 1069]
An accessory building or part of a main building providing
space for the storage of motor vehicles as an accessory use. No occupation,
business, service or industry for profit shall be conducted within
a "private garage."
Land surface areas that do not allow rainwater to be directly
absorbed by the ground. These surfaces shall include but not be limited
to building coverage, driveways (paved, gravel, cinder or pavers),
paved areas, and decks which do not allow free drainage of rainwater
through to the ground underneath. Impervious coverage in residential
zones shall not include retaining walls, surface areas of swimming
pools and their surrounding patios or hardscape features. Air-conditioning
units, generators, pool equipment, walkways and at-grade patios located
in the rear yard of the property, regardless of material types. Driveways,
front and side yard walkways and patios, structures, and any type
of sport athletic court shall be considered impervious coverage and
shall remain as part of the impervious calculation.
[Added 2-19-2008 by Ord. No. 1576; amended 8-2-2016 by Ord. No. 1807]
An area designated as parking space for vehicles providing loading and unloading services to a particular use, the size of which shall be based on the requirements of § 186-27.
A parcel or portion of land occupied or designed to be occupied
by a building and its accessory buildings, including the yards required
by this chapter. The definition shall also include any parcel or portion
of land separated from other parcels or portions by description, as
on a subdivision of record or survey map, or by metes and bounds,
for the purpose of sale, lease or separate use.
An area of land which is determined by the limits of the
lot lines bounding that area, expressed in terms of square feet. Any
portion of a lot included within a street right-of-way shall not be
included in calculating lot area.
A lot at the junction of and having frontage on two or more
intersecting streets. A corner lot is also a lot bounded on two or
more sides by the same street. All yards on corner lots abutting any
street shall be construed as front yards, and all corner lots shall
have one rear yard and one side yard.
[Amended 8-17-1993 by Ord. No. 1176]
That part or percentage of the lot covered by buildings.
The mean horizontal distance between the street line and
the rear lot line, measured in the general direction of its side lot
lines, perpendicular from the street line to the rear lot line.
A lot other than a corner lot.
The mean horizontal distance between the side lot lines,
measured at right angles to its depth. Frontage shall be measured
at the street line.
See "principal building."
Buildings containing offices or studios of artists, architects,
dentists, doctors, lawyers, professional engineers, planners, real
estate and insurance brokers and certified public accountants.
A building which in its design or location upon a lot does
not conform to the regulations of this chapter at the time of passage
of this chapter or resulting from subsequent amendments thereto.
A lot of record existing at the date of the passage of this
chapter which does not have the minimum dimensional requirements for
the zone in which it is located.
Use of a building or of land that does not conform to the
regulations of the zone in which it is located at the time of passage
of this chapter or resulting from subsequent amendments thereto.
An unoccupied space open to the sky on the same lot with
a principal and/or accessory building.
An off-street space available for the parking of a motor
vehicle and which in this chapter is held to be an area nine feet
wide and 18 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto. However, in residential zones driveways
may be utilized for off-street parking.
[Amended 8-21-2012 by Ord. No. 1697]
The Planning Board of Wyckoff Township.
An area along a property line which is seeded and landscaped
with lawn, shrubs and/or trees in keeping with the requirements of
the Planning Board at the time of site plan approval.
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
The principal or most important use of the principal building
on a lot.
Establishments in which food or other products are prepared
and served to patrons for on-premises consumption. Such establishments
are prohibited, unless they provide seating and service capacity for
a minimum of 25 persons and provide a five-hundred-square-foot minimum
area for seating patrons.
[Amended 7-19-1994 by Ord. No. 1207]
[Amended 2-21-1989 by Ord. No.
1056; 11-21-1989 by Ord. No. 1078]:
Housing intended for at least one person 55
years of age or older. No persons 18 years of age or younger shall
be permitted to occupy such housing. New occupants of such residential
units shall meet the age requirements of this chapter. Notwithstanding
the aforesaid requirements, up to 20% of the units in a senior citizen
residential cluster development may be occupied by persons under age
55 but over 18, provided that:
At least one person occupying each unit is 46
years of age or older and such person is the surviving spouse of a
person 55 years of age or older who previously occupied the unit;
Such person has inherited ownership of the unit;
or
Such person violates the present age requirements
of this chapter; however, such person originally complied with the
age requirements of this chapter as it existed at the time of that
person's original occupancy of the unit.
The owners and occupants of senior citizen housing
shall, in the marketing of such units for sale, rental or any other
form of transfer, indicate that the units are for housing persons
55 years of age or older.
The aforementioned provisions are intended and
shall be construed so as to comply with the Fair Housing Amendments
Act of 1988, specifically the exemption for housing for older persons.
A development exclusively for senior citizen housing, in which development the permitted residential density is increased and the lot area and/or dimension requirements are reduced and the resulting excess land is permanently set aside for common open space as prescribed by § 186-32.
A certificate issued by the Zoning Administrator of the Township
of Wyckoff which certifies that the construction and erection of a
shed is in conformance with all the requirements and provisions of
the Zoning Code of the Township of Wyckoff.
[Added 11-20-2000 by Ord. No. 1363]
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public, semipublic, civic, charitable or religious group.
That area defined by the outside of the frame or outside
edge of a sign.
That part of a building between the upper surface of one
floor and the upper surface of the floor next above or between the
top floor and ceiling or flat roof. In the case of a building having
a pitched roof, if the attic floor is not more than two feet below
the plate, it shall be counted as a half story. If the finished floor
level directly above the basement or cellar is more than six feet
above grade, except for grade at the entrance of a garage, such basement
or cellar shall be deemed a "story."
[Amended 12-19-1989 by Ord. No. 1080]
A public thoroughfare which has been dedicated or deeded
to the public for public use and which has been improved in accordance
with Township standards.
That line determining the limit of the highway rights of
the public, either existing or contemplated. Where a definite right-of-way
width has not been established, the street line shall be assumed to
be a point 25 feet from the center line of the existing pavement.
A combination of materials to form a construction for use,
ornamentation or occupancy that is safe and stable, whether installed
on, above or below the surface of a parcel of land, and shall include,
but not be limited to, among other things, stadiums, platforms, sheds,
storage bins, fences, display signs, parking lots and seepage pits
and above or below the ground tanks used for any purpose.
[Amended 11-20-2000 by Ord. No. 1363]
A retail use offering a complete line of food and food products,
including groceries, fresh meat and poultry, fresh produce and dairy
products, which establishment may include the sale of household convenience
items, fresh flowers and potted plants and health products, and which
may also include the sale of ready-to-eat, prepared foods such as
delicatessen products, fresh baked goods, salads and soups for off-premises
consumption.
[Added 1-17-2006 by Ord. No. 1519]
A business the primary purpose of which is the transfer and
shipping of goods and/or materials rather than the storage of wholesale
manufactured articles for later sale at retail.
The purpose for which land or a building is designed, arranged,
intended or for which it is or may be occupied or maintained.
A building for the storage of wholesale manufactured articles
for later sale at retail, excluding a truck terminal.
An open, unoccupied space on the same lot with the principal
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 that lot. The depth of a front yard shall be measured
at right angles to the street line. Corner lot yards facing any abutting
streets shall be deemed front yards for the purpose of the building
setback provisions of this chapter.
[Amended 8-17-1993 by Ord. No. 1176]
An open, unoccupied space extending across the full width
of the lot and lying between the rear line of the lot and the nearest
line of the principal or accessory building, whichever is applicable.
The depth of a rear yard shall be measured at right angles to the
rear line of the lot, or if the lot is not rectangular, then in the
general direction of its side building lines. On a corner lot, the
rear lot line shall be measured across the width of the lot (the dimension
having the shortest length), at the rear of the lot. The side lot
line shall be measured along the depth of the lot. In the event that
the corner lot dimensions abutting each intersecting street are identical,
the rear yard shall be the distance of the yard opposite the front
entry of the dwelling located thereon.
[Amended 8-17-1993 by Ord. No. 1176]
An open, unoccupied space between the side line of the lot
and the nearest line of the building and extending from the front
yard to the rear yard, or in the absence of either of such yards,
to the street or rear lot line, as the case may be. The width of a
side yard shall be measured at right angles to the side line of the
lot.[2]
Such person as is appointed to administer this chapter.
[Added 10-2-2001 by Ord. No. 1399]
A permit, issued by the Zoning Officer of the Township of
Wyckoff, which indicates that a nonresidentially used or zoned property
or a residentially zoned property where the applicant proposes to
expand the existing footprint or expand the existing height of any
portion of the building or structure is in compliance with the provisions
of the Zoning Code of the Township of Wyckoff or variance therefrom
duly authorized by the Zoning Board of Adjustment or the Planning
Board, as the case may be, with respect to use(s), building(s), structure(s),
parking, lot requirements and performance standards requirements or
any other requirements of the municipal zoning ordinance.
[Amended 10-2-2001 by Ord. No. 1399]
