This chapter shall be known and may be cited as the "Zoning Ordinance of the Borough of Wanaque."
A. 
The intent of this chapter is to establish a plan for the use of lands and buildings in the Borough of Wanaque, in order to promote and protect the public health, safety, morals and the general welfare of the people.
B. 
These regulations are deemed necessary to achieve the following purposes:
(1) 
To promote orderly development, protect the character and maintain the stability of all areas within the Borough and to promote the orderly and beneficial development of such areas.
(2) 
To regulate the intensity of use of lots and determine areas of open spaces surrounding buildings necessary to promote adequate light, air, privacy and access to property.
(3) 
To establish building lines and locations of structures and fix reasonable standards to which structures must conform.
(4) 
To prohibit uses, buildings or structures which are incompatible with the character of development or permitted uses within specified zoning districts.
(5) 
To prevent additions, alterations or remodeling as would not comply with this chapter.
(6) 
To limit congestion in the streets.
(7) 
To provide protection against fire, explosion, noxious fumes and other hazards.
(8) 
To conserve the taxable value of land and buildings.
A. 
Word usage. For the purpose of this chapter, certain terms or words used herein shall be interpreted or defined as follows. Words used in the present tense include the future tense. The singular includes the plural. The word "person" includes a partnership, copartnership, corporation and individual. The word "lot" includes the words "plot" or "parcel." The term "shall" is always mandatory. The word "used" or "occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
B. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY BUILDING
A subordinate building or portion of the main building on a lot, the use of which is customarily incidental to that of the main or principal building.
ACCESSORY STRUCTURE
A subordinate structure attached to or detached from the principal structure, but located on the same lot, the use of which is incidental and accessory to that of the principal structure.
[Added 12-17-1991 by Ord. No. 26-0-91]
ACCESSORY USE
A use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use.
BOARD
The Planning Board or the Board of Adjustment of the Borough of Wanaque, as prescribed by Chapter 98 of the Code and N.J.S.A. 40:55D-1 et seq.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between the eaves and ridge for gable, hip and gambrel roofs.
COVERAGE
That percentage of the plot or lot area covered by the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
CUSTOMARY HOME OCCUPATION
An occupation or a profession which:
(1) 
Is customarily carried on in a dwelling unit;
(2) 
Is carried on by a member of the family residing in the dwelling unit;
(3) 
Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
(4) 
Which conforms to the following additional conditions:
(a) 
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
(b) 
No more than one person outside the family shall be employed in the "home occupation."
(c) 
There shall be no exterior display nor exterior sign (except as permitted under § 114-17), no exterior storage of materials and no other exterior indication of the "home occupation" or variation from the residential character of the principal building.
(d) 
No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced.
(5) 
In particular, a "home occupation" includes, but is not limited to, the following:
(a) 
Art studio.
(b) 
Dressmaking.
(c) 
Professional office of a physician, dentist, lawyer, engineer, architect or accountant, within a dwelling occupied by the same.
(d) 
Teaching with musical instruction limited to a single pupil at a time.
(6) 
However, a "home occupation" shall not be interpreted to include the following:
(a) 
Barbershops and beauty parlors.
(b) 
Commercial stables and kennels.
(c) 
Real estate offices.
(d) 
Restaurants.
(e) 
Veterinarians or animal hospitals.
DECK
An accessory structure consisting of a flat-floored roofless area adjoining a principal structure.
[Added 12-17-1991 by Ord. No. 26-0-91]
DWELLING
A building designed or used as the living quarters for one or more families.
DWELLING, ONE-FAMILY
A detached building designed for or occupied exclusively by one family or household and containing cooking, sleeping and sanitary facilities for the exclusive use of the occupants.
DWELLING UNIT
A dwelling or portion thereof providing complete living facilities for one family.
FAMILY
One or more persons related by blood, marriage or adoption, living together as a single housekeeping unit and using certain facilities in common, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or motel.
FILLING STATION
Any area of land, including structures therein, that is used or designed to be used for the retail supply of gasoline or 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. The term "motor vehicle service station" shall be synonymous with "filling station."
GARAGE, PRIVATE
A garage used for storage purposes only, and having a capacity of not more than three automobiles.
GARAGE, PUBLIC
Any garage other than a private garage, available to the public and operated for gain, which is used for storage, repair, rental, greasing, washing, servicing, adjusting, equipping or sale of motor vehicles.
LOT
A parcel of land, the location, dimension and boundaries of which are determined by the latest official record and which are occupied or intended to be occupied by one principal building or one unit group of buildings and uses and its accessory buildings and uses, and including such open spaces as are required by ordinances, and are arranged by design to be used in connection with such building, which parcel of land has its principal frontage on a public street or a private street of record. Said private street must provide access to an accepted public street.
LOT, CORNER
A parcel of land at the junction of and fronting on two or more intersecting streets.
LOT, DEPTH OF
The horizontal distance between the front and the rear lot lines, measured along the perpendicular bisector of the line measuring lot width.
LOT, INTERIOR
A lot other than a corner lot.
LOT, WIDTH OF
The horizontal distance between the side lines of the lot, measured along the straight line connecting the point in each side line where the same is intersected by the front setback line as herein established.
MOTEL
A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units, designed primarily for transient automobile travelers and providing for accessory off-street parking facilities.
NONCONFORMING USE
Any use lawful immediately prior to the enactment of this chapter which does not conform to the provisions hereof.
PARKING SPACE
An area within the lot 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.
SIGN
Any structure or part thereof or device attached thereto or painted or represented thereon which shall display or include any letter, word, model, banner, flag, pennant, insignia, devices or representation used as, or which is in the nature of, an announcement, direction or advertisement. The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event.
SIGN, ADVERTISING
A sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises, and only incidentally on the premises if at all.
SIGN, BUSINESS
A sign which directs attention to a business or profession conducted on the premises. A "for sale" sign or a "to let" sign relating to the property on which it is displayed shall be deemed a "business sign."
STREET
A public or private thoroughfare which affords the principal means of access to abutting property.
STREET LINE
The dividing line between the street and the lot.
TOURIST HOME
A dwelling in which overnight accommodations are provided or offered for transient guests for compensation.
YARD, FRONT
The space on the same lot with a main building, extending the full width of the lot and situated between the street line of the building and the front line of the building, projected to the side lines of the lot.
YARD, REAR
The space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building, projected to the side lines of the lot.
YARD, SIDE
The space on the same lot with a main building, situated between the side line of the building and the adjacent side line of the lot, and extending from the rear line of the front yard to the front line of the rear yard.