This chapter shall be known and may be cited
as the "Zoning Ordinance of the Borough of North Haledon, New Jersey."
A.
Word usage.
(1)
The word "lot" includes the words "plot" or "parcel."
(2)
The word "building" includes the words "structure"
and "building," or any part thereof.
(3)
The term "provide" means to be presently furnished,
installed, executed or delivered.
(4)
The words "used" and "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.
ACCEPTED ROAD
ACCESSORY BUILDING
ACCESSORY USE
AGRICULTURAL BUILDING
AWNING
BLOCK
BOARDINGHOUSE or LODGING HOUSE
BUILDING COVERAGE
BUILDING HEIGHT
CARPORT
COMMUNICATIONS ANTENNA
COURT
COVERAGE
CURB LEVEL
CUSTOMARY HOME OCCUPATION
(1)
(a)
(b)
(c)
[1]
[2]
[3]
[4]
(2)
(3)
(4)
(5)
DECK
DISTRIBUTIVE ANTENNA SYSTEMS (DAS)
DRIVEWAY
DWELLING
DWELLING, MOTHER-DAUGHTER
DWELLING, MULTIPLE
DWELLING, ONE-FAMILY
DWELLING UNIT
FAMILY
GARAGE, PRIVATE
GARAGE, PRIVATE COMMERCIAL
GARAGE, PUBLIC
GAS STATION, FILLING STATION or SERVICE STATION
GREENHOUSE, COMMERCIAL
GREENHOUSE, PRIVATE
HABITABLE SPACE
HOUSEKEEPING UNIT
IMPERVIOUS COVERAGE
LOT
LOT, CORNER
LOT, DEPTH OF
LOT, INTERIOR
LOT LINE
LOT, THROUGH
LOT, WIDTH OF
MAXIMUM IMPERVIOUS COVERAGE
NORTH HALEDON STREET ORDINANCE
PARKING SPACE
PRINCIPAL BUILDING
RESTAURANT
SIGN
SIGN, ADVERTISING
SIGN, BUSINESS
SIGN, POLITICAL CAMPAIGN
SIGN, PROFESSIONAL
SIGN, REAL ESTATE
STORY
STREET
TERRACES
TOURIST LODGE
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall
have the meanings indicated:
With the exception of all roads presently duly accepted by the Mayor and Council of this Borough, any road hereafter accepted is any street, road, avenue, boulevard, parkway, lane, plaza or any way set aside and commonly used by the public for street purposes, which is improved according to Chapter 523, Streets and Sidewalks, Article IV, Construction Standards, which is properly paved, having curbs on both sides of the pavement and sidewalks on both sides of the street, and which is duly accepted by the Mayor and Council as an improved road. Roads shown on the Tax Map are not necessarily improved roads.
A subordinate building or portion of the main building on
a lot, the use of which is customarily incidental and subordinate
to that of the main principal building located on the same lot.
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot with such principal
use.
A structure used for the raising and breeding of all farm
and fur animals, or livestock, poultry or fowl, and the housing of
all fertilizer, manure, hay, feed and other odor- or dust-producing
substances.
A projected cover over the front fascia of a building, that
projects not more than four feet. An awning is made up of a composition
of materials self-supported to the building only, utilizing no vertical
legs or ground supports. An awning may be used for signage and, where
used for that purpose, shall comply with all of the applicable portions
of the Code of the Borough of North Haledon relating to signs.
[Added 2-20-2008 by Ord. No. 2-2008]
The frontage on one side of a street between two intersecting
streets.
A building, other than an inn or hotel, where lodging, with
or without meals, is provided for not more than three persons at a
charge.
That percentage of the plot or lot covered by the principal
building and all accessory buildings, including balconies, roof overhangs,
chimney walls and other protrusions such as uncovered porches, terraces
and steps.
[Added 8-15-2018 by Ord.
No. 15-2018]
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 deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
A structure designed for not more than one passenger car
for the use of the owners or occupants of the principal building,
in which no business, commercial service or industry is carried on
or conducted and in which no commercial vehicle may be stored.
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 6-19-2019 by Ord. No. 17-2019]
A space, whether it is on the ground level or above the ground
level, but in no event above the level of the main roof, situated
on the same lot with a building, and which is unoccupied and open
to the sky and not a front yard, side yard or rear yard.
That percentage of the plot or lot area covered by the principal
building and all accessory buildings, exclusive of uncovered porches,
terraces and steps.
The permanently established average grade of the street in
front of the lot. Where a lot fronts on two or more streets of different
levels, the average curb level of the lowest street shall be taken
as the base for measuring the height and/or the finished grade of
buildings. Where no curb exists, the curb level shall be equal to
the height of the center line of the road.
An occupation or a profession which:
Is customarily carried on in a dwelling unit
in the principal building. The work therein shall involve principally
the personal service only of the owner or occupant of the residence.
[Amended 5-9-1990 by Ord. No. 5-1990]
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes.
Conforms to the following additional conditions:
The occupation or profession shall be carried
on wholly within the principal building.
The home occupation or profession shall employ
not more than three persons.
[Amended 5-9-1990 by Ord. No. 5-1990]
There shall be no exterior display, no exterior sign, except as permitted under Article XII, 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, a home occupation includes the
following: the office or studio of a resident physician, surgeon,
dentist, lawyer, architect, engineer, professional artist, accountant,
real estate agent, insurance broker or similar professional person
as herein restricted; also, the office of a tradesman whose field
of activity is entirely away from home, such as building contractors,
etc. However, any handling or storage of materials on such premises
shall not be an accepted use.
However, a home occupation shall not be interpreted
to include the office of any person professionally engaged in the
purchase, manufacture or sale of goods kept or displayed on the premises.
Dancing instructions, band instruments or voice
instruction, individually or in groups, tearooms, tourist lodges,
boardinghouses or lodging houses, beauty parlors, barbershops, hairdressing
and manicuring establishments, restaurants, commercial stables and
kennels, veterinarian's offices, convalescent homes, mortuary establishments
and stores, trades, hobby shops or businesses of any kind not herein
excepted shall not be deemed to be home occupations.
The home professional office of a physician
shall not include a biological or other medical testing laboratory.
An open nonimpervious structure with footings or foundation
or raised support in excess of 12 inches from the ground but with
no roof.
[Added 4-15-1992 by Ord. No. 15-1992]
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 6-19-2019 by Ord. No. 17-2019]
A defined access surfaced with an acceptable construction
material that provides vehicular access from a public right-of-way
to a residence, garage or structure which is maintained by the property
owner. A driveway is not a road, street, boulevard, highway, or parkway.
[Added 8-15-2018 by Ord.
No. 15-2018]
A building or structure or part thereof containing one or
more dwelling units.
[Amended 5-9-1990 by Ord. No. 5-1990; 7-18-2018 by Ord. No. 14-2018]
A one-family residence which permits the immediate family
of either spouse to reside in this same dwelling as the owners thereof
and have their own living facilities, except that there is no separation
or door which segregates one portion of the dwelling from the other.
[Added 5-9-1990 by Ord. No. 5-1990]
A building used solely for dwelling purposes by two or more
families.
[Amended 5-9-1990 by Ord. No. 5-1990]
A dwelling designed for occupancy or occupied by one family
or housekeeping unit.
[Amended 5-9-1990 by Ord. No. 5-1990; 7-18-2018 by Ord. No. 14-2018]
One or more rooms occupied or intended to be used, or designed
to be used, for living, sleeping, cooking, and eating.
[Amended 5-9-1990 by Ord. No. 5-1990; 7-18-2018 by Ord. No. 14-2018]
Any number of individuals related by blood, marriage or legal
adoption, living together as a single housekeeping unit and using
certain rooms and housekeeping facilities in common. For the purpose
of this chapter, foster children placed with families in a dwelling
by the New Jersey State Board of Child Welfare or a duly incorporated
childcare agency shall be considered as a member or members of a family.
[Amended 6-20-2012 by Ord. No. 11-2012; 7-18-2018 by Ord. No. 14-2018]
A garage designed for not more than three vehicles, with
a dimension not to exceed 20 feet by 36 feet, for the use of the owners
or occupants of the principal building, in which no business, commercial
service or industry is carried on or conducted and in which no commercial
vehicle of more than 6,000 pounds' gross weight may be stored.
[Amended 5-9-1990 by Ord. No. 5-1990]
A garage used only for the storage, maintenance and repair
of commercial or other vehicles owned and/or operated by the owner
or leaseholder of such garage.
Any garage, other than a private garage or private commercial
garage, available to the public, operated for gain and which is used
for the storage, repair, rental, greasing, washing, servicing, adjusting,
equipping or sale of motor vehicles.
Any establishment selling and/or supplying gasoline, oil
or other fuel directly to motor vehicles of the general public from
outside pumps.
Any building used solely for the growing of plants, vegetables,
grain, flowers, trees or shrubs under glass for sale commercially.
Structures used solely for the growing of vegetables, flowers,
plants, trees or shrubs under glass for other than commercial purposes.
Such greenhouses shall not be larger than 500 square feet in area
and may be attached to the main building or used as an accessory building.
Space in a structure for living, sleeping, eating, or cooking.
Bathrooms, toilet rooms, closets, halls, storage or utility spaces,
and similar areas are not considered habitable spaces.
[Added 7-18-2018 by Ord.
No. 14-2018]
A group of people, regardless of familial relationship, whose
members have equal and unlimited access rights to all common areas
and common appliances of a dwelling unit, and constitute a single,
economic entity, characterized by stability, permanence, and functionality,
by maintaining a single-family dwelling unit in common. Any individual
occupying either a room or an area that contains a private refrigerator,
microwave oven, hot plate, or other similar appliance shall not be
deemed a member of the housekeeping unit.
[Added 7-18-2018 by Ord.
No. 14-2018]
That percentage of the plot or lot area covered by impervious
surfaces or surfaces that do not allow rainwater to be directly absorbed
into the ground, including, but not limited to, buildings or structures,
accessory buildings, generators and generator pads, ground-mounted
solar panels, HVAC units and pads, parking areas, driveway, any type
of athletic courts, patios, decks, pools (both above and in-ground),
pool equipment and equipment pads and walkways. Surfaces such as laid
stones, slate pavers and timber (laid directly on the ground) with
open joints shall constitute 50% of impervious coverage. An "open
joint" shall be any joint which is greater than 1/2 inch in width.
Surfaces such as loose stone, porous pavements and pervious pavers
shall constitute 25% of impervious coverage.
[Added 8-15-2018 by Ord.
No. 15-2018]
A parcel of land occupied or intended to be occupied by one
building and such accessory buildings customarily incidental to it,
and including such open spaces as are provided for or required by
this chapter to be used in connection with such building, which parcel
of land has its principal frontage on a public street of record.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The mean horizontal distance from the street line to the
rear lot line. The greater frontage of a corner lot shall be its depth,
and its lesser frontage shall be its width. Where the width and depth
of a corner lot are the same or where both width and depth exceed
the required lot depth for the district in which the lot is located,
frontage may be on either of the streets on which the lot is located,
provided that the required or established setbacks of both streets
are maintained.
A lot, other than a corner lot, fronting on a public street
or road.
Any boundary line of a lot, other than the street line.
A parcel of land that extends from one street to the other
street.
The mean horizontal width measured between the points where
the required minimum setback line intersects the side lot lines.
The total percentage of impervious coverage as calculated
by adding the building coverage plus the impervious coverage. See
Zoning Attachment 1, "Borough of North Haledon Zoning Area and Limiting
Schedule,"[1] as amended.
[Added 8-15-2018 by Ord.
No. 15-2018]
Refers to an ordinance establishing standards for the construction
of streets, curbs, sidewalks and driveway approaches, including storm
and subsurface water drainage systems, in the Borough of North Haledon,
County of Passaic, New Jersey.[2]
An area within the lot available for the parking of one motor
vehicle and having an area of not less than 162 square feet, 18 feet
by nine feet, exclusive of passageways and driveways appurtenant thereto,
and giving access thereto and having direct access to a street.
[Amended 5-9-1990 by Ord. No. 5-1990]
A building in which is conducted the main or principal use
of the lot on which the building is situated.
[Amended 10-15-2014 by Ord. No. 22-2014]
An establishment where patrons are served food and/or beverages,
primarily for consumption at tables provided within the building in
which the food and/or beverages are prepared or served, with service
effectuated through waiter or waitress service at the table.
[Added 5-20-2009 by Ord. No. 13-2009]
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, device or representation
used as or which is in the nature of an announcement, directive 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, religious or like campaign, drive, movement
or event.
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.
A sign which directs attention to a business or entertainment
conducted upon a lot or to a commodity or service sold or offered
for sale upon a lot.
A temporary sign that directs attention to a candidate or
slate of candidates for a local, county, state or national elective
office or an issue or issues for public consideration in any primary,
general, school board or special election.
[Added 2-20-2008 by Ord. No. 2-2008]
A professional or announcement sign of a home occupation
or professional office, including churches, church schools and other
professional or semiprofessional enterprises.
The sign indicating the availability for sale, for rent or
for lease of a lot or building upon which it is erected or displayed.
That part of a building between any floor and the floor above
or, in its absence, the ceiling or roof above. A story in which persons
live, sleep, work or congregate, the ceiling of which is more than
three feet above the curb level, taken at the center of the street
facade, shall be counted as that fraction of a story which its height
above the curb level bears to the height of the first story of the
building. A story that extends less than three feet above the curb
level shall not be counted. Any story under the pitched roof at the
top of the building, the floor of which is not more than two feet
below the plat, shall be counted as a half story when not more than
60% of the floor area is used for rooms, baths or toilets; otherwise,
it shall be counted as a full story.
Any road, avenue, street, boulevard, parkway, lane, plaza
or any other way set aside and commonly used by the public for street
purposes, regardless of whether or not it has been officially accepted
by the Borough, and shall extend from one front property line to the
opposite front property line, which lines shall be considered the
street lines.[3]
A structure without a footing or foundation or roof located
at or near ground level, not to exceed 12 inches from ground level.
Patios are deemed included in the within definition.
[Added 4-15-1992 by Ord. No. 15-1992]
A building or group of buildings devoted exclusively to the
business of renting, leasing, maintaining, keeping, operating, conducting
or providing overnight or temporary sleeping accommodations for a
consideration to tourists, transients or travelers and commonly known
as "tourist lodges," "tourist cabins," "motor lodges," "motels," "motor
courts," "tourist courts," or "tourist camps," whether meals are served
therein or not.
An open and unoccupied space within the lot and extending
the full width of the lot from the street line to the foremost part
of the main building.
The space within and extending the full width of the lot
between the rear wall line of the main building and the rear lot line.
An open and unoccupied space on the same lot with any building,
situated between the extreme sideline of the main building and the
side lot line and extending from the rear line of the front yard to
the front line of the rear yard.
[1]
Editor's Note: The Zoning Area and Limiting Schedule is included at the end of this chapter.
