This chapter shall be known and may be cited
and referred to as the "Revised Zoning Ordinance of the Borough of
Northvale."
The purpose of this chapter is to exercise to
the fullest extent the powers granted to the Borough to manage land
use through zoning to the fullest extent permitted by the Municipal
Land Use Law and the Constitutions of the United States and the State
of New Jersey and to generally exercise the police power. To that
end and without limiting the foregoing, the stated purpose of this
chapter is the same as the Municipal Land Use Law and, in particular,
N.J.S.A. 40:55D-2.
The Limiting Schedules and Zoning Map annexed
to this chapter are hereby made a part hereof as if set forth at length
herein.[1]
[1]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter; the Zoning Map is on file in the office of the Borough Clerk.
A.
For purposes of this chapter, definitions or words
used in this chapter shall have the same meanings as the definitions
of said words in the Municipal Land Use Law,[1] unless the context clearly indicates a different meaning.
Where a word is defined in this chapter and is defined in the Municipal
Land Use Law, the definition in this chapter shall prevail unless
the context clearly indicates a different meaning. Where a word is
not defined in this chapter, the definition in the Municipal Land
Use Law shall be applicable as if set forth herein. When not inconsistent
with the context, words used in the present tense include the future;
the singular number includes the plural and the plural, the singular;
the word "lot" includes the word "plot"; the word "building" includes
the word "structure"; the word "zone" includes the word "district";
the word "occupied" includes the words "designed" or "intended to
be occupied"; the word "used" includes the words "arranged," "designed"
or "intended to be used"; the word "shall" is always mandatory and
not merely directory or permissive.
[1]
Editor's Note: See N.J.S.A. 40:55D-3 though
40:55D-7.
B.
ACCESSORY BUILDING
ADDITION
ADMINISTRATIVE OFFICER
ALTERATION
APPLICANT
APPROVING AUTHORITY
BOARD
BODY SHOP
BUFFER
BUILDING
BUILDING AREA
BUILDING LINE
CHILD-CARE CENTER
CLEANERS
CONDITIONAL STANDARDS
CONDITIONAL USE
CONSTRUCTION OFFICIAL
DOG KENNELS
DRIVE-IN FACILITY
DWELLING
(1)
(2)
(3)
(4)
(5)
(6)
(7)
EFFICIENCY APARTMENT
EXERCISE STUDIO
FAMILY
FAMILY DAY-CARE
FENCE or FENCE WALL
GARAGE
GREEN AREA
HEIGHT
HOME OCCUPATION
HOUSE TRAILER
LAUNDROMAT
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT FRONTAGE
LOT, INTERIOR
LOT LINE, FRONT
LOT LINE, REAR
LOT LINE, SIDE
LOT, WIDTH OF
MANUFACTURE
MASTER PLAN
MINIMUM LIVING FLOOR AREA
MUNICIPAL LAND USE LAW
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFF-STREET PARKING
PARKING SPACE
PERSONAL SERVICE
PREMISES
PROFESSIONAL OFFICE
PROPERTY LINE
RESIDENTIAL AGRICULTURE
RESTAURANT
RESTAURANT, DRIVE-IN
RESTAURANT, TAKE-OUT
(1)
(2)
(3)
(4)
RETAIL
RETAIL GAS STATION
SELF-STORAGE FACILITY
SERVICE CLEANING ESTABLISHMENT
SERVICE REPAIR FACILITY
SERVICE STATION
SETBACK
SHOPPING CENTER DEVELOPMENT
SOLAR ENERGY SYSTEM
STORAGE SHED
STORE
STREET LINE
STRUCTURAL PART
USE
USE, ACCESSORIAL
USE, PRINCIPAL
USE, PROHIBITED
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONING OFFICER; DEPUTY ZONING OFFICER
In accordance with the within stated provisions, the
following words and their derivations shall have the meanings herein
given:
A building subordinate to the principal building on a lot
and used for the purposes customarily incidental to those of the principal
building. Where an accessory building is attached to a principal building
in a substantial manner by a wall or roof, such accessory building
shall be considered part of the principal building.
An extension or increase in floor area or height of a building
or structure.
The Zoning Officer who is designated pursuant to this chapter.
A change or rearrangement in the structural parts or in the
means of egress or an enlargement, whether by extending on a side
or by increasing in height, or to change the use from that permitted
in one zone to a use permitted in another, or to move a structure
from one location or position to another.
The landowner or the agent, optionee, contract purchaser
or other person authorized to act for and acting for the landowner
submitting an application under this chapter.
The Planning Board or Zoning Officer when acting pursuant
to the authority of this chapter.
[Amended 4-8-1998 by Ord. No. 726-98]
The municipal board that is reviewing an application in accordance
with the requirements of the New Jersey Municipal Land Use Law[2], either the Borough of Northvale Planning Board or Zoning
Board of Adjustment.
[Added 5-9-2001 by Ord. No. 762-2001]
A facility for the repair of damage to motor vehicles.
Land area or areas used to visibly separate one use from
another or to shield or block noise, lights or other nuisance elements
to ensure privacy.
[Amended 5-9-2001 by Ord. No. 762-2001]
Any structure having a roof and intended for the housing,
enclosure, shelter or protection of persons, animals or property.
For the purposes of this chapter, a "building" shall be deemed to
include a deck, porch or stoop, whether covered or uncovered.
The total of areas, taken on a horizontal plane at the main
grade level, of the principal building and all accessory buildings,
including all areas comprised of decks, porches or stoops, all of
which must comply with the Limiting Schedules adopted herein along
with any of its subsequent amendments or revisions.[3]
A line parallel to the front line and removed from it by
the depth of the required front yard. The "building line," for the
purposes of this chapter, shall be the same as the setback line.
Any facility which is maintained for the care, development,
or supervision of six or more children under six years of age who
attend for less than 24 hours per day and which is licensed by the
New Jersey Department of Human Services.
[Added 8-12-2020 by Ord.
No. 1023-2020]
A service cleaning establishment with machines to be used
by an operator on the premises.
The definite specifications and standards which are to be
used by the approving authority in the review of a conditional use
application.
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.
The person appointed pursuant to that section of the Code
of the Borough of Northvale establishing a State Uniform Construction
Code Agency.[4]
An establishment in which five or more dogs are housed, boarded,
or sold, all for a fee or compensation.
[Added 8-12-2020 by Ord.
No. 1023-2020]
An establishment designed or operated to serve a patron while
seated in an automobile.
Any building designed and containing one or more dwelling
units used and occupied as the principal residence or abode of the
persons residing therein.
[Amended 12-22-1982 by Ord. No. 450-H]
DWELLING UNITAn area or space within a dwelling designed for or occupied by one or more persons living together and providing complete and common living facilities for their exclusive use, including permanent provisions for living, sleeping, dining, cooking and sanitation.
SINGLE-FAMILY DWELLING UNITA detached dwelling containing one dwelling unit.
TWO-FAMILY DWELLING UNITA building designed for or occupied by two or more persons living in two separate and distinct dwelling units, as that term is defined herein.
MOTHER-DAUGHTER DWELLING UNITA single-family dwelling unit, as that term is defined herein, which has been expanded or altered to accommodate one or more persons related to the principal occupants by blood, adoption or marriage, including foster children, that provides some, but not all, of the living, dining, cooking and sanitation facilities usually associated with an independent and separate dwelling unit and which shares a common front entrance and common metered utilities to the dwelling.
[Amended 5-9-2001 by Ord. No. 762-2001]
MULTIFAMILY DWELLING UNITA dwelling containing three or more dwelling units, including units that are located one over the other.
[Added 8-27-2019 by Ord.
No. 1007-2019[5]]
TOWNHOUSE DWELLING UNITAn attached dwelling unit that has its own front and rear access to the outside, is not located over another unit and is separated from any other unit by one or more vertical common fire-resistant walls.
[Added 5-9-2001 by Ord. No. 762-2001]
TOWNHOME DWELLING UNITAn attached dwelling unit with direct access to the outside with units located over one another and each unit separated by vertical fire-resistant walls and horizontal fire-resistant floors and ceilings.
[Added 5-9-2001 by Ord. No. 762-2001]
An apartment unit where there is no bedroom, but within a
room, such as a living room, there is a convertible bed or screened
area with a bed.
A facility that provides physical fitness programs and activities,
including fitness classes and programs such as Pilates, yoga, kickboxing,
CrossFit, etc.
[Added 8-12-2020 by Ord.
No. 1023-2020]
One or more persons related by blood, adoption or marriage,
including foster children, living and cooking together as a single
housekeeping unit, exclusive of household servants; or a number of
persons, but not exceeding three, living and cooking together as a
single housekeeping unit, where one or more of such persons are not
related by blood, adoption or marriage to others shall also be deemed
to constitute a "family."
The private residence of a family day-care provider, which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act.
[Added 8-12-2020 by Ord.
No. 1023-2020]
An enclosing or dividing framework for land, yard, property
or garden, composed generally of materials to form a vertical plane
perpendicular to the ground.
The building or part thereof where motor vehicles are kept
without any provisions for the general maintenance or repair of such
vehicles.
The percentage of area of the lot not devoted to building,
structures, paving, driveways, ingress and egress, sheds, open storage
and similar uses and landscaped or left to remain in a wooded or natural
state.
The vertical distance measured from the average elevation
of the finished grade at the front yard of the building or structure
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.
The professional office studio or service of a resident physician, surgeon, dentist, lawyer, architect, artist, accountant, musician, teacher or psychologist, or a person in a substantially similar profession, provided that the professional service or office work therein complies with Section 200-10.
[Amended 5-9-2001 by Ord. No. 762-2001]
Any portable or mobile structure or vehicle used as a dwelling
unit or for sleeping purposes or for the conduct of business, whether
or not such vehicle or structure is attached to a foundation.
A service cleaning establishment with machines for hire to
be used by customers on the premises.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit; one or more contiguous parcels of land united
by a common interest or use considered as a unit occupied by a principal
building or zoning use and its accessory buildings and uses, if any,
including the open spaces of such unit of land. It may or may not
coincide with the deed description thereof or the boundaries of the
same as shown on the Tax Assessment Map of the Borough of Northvale
or a map filed for record or otherwise.
The area of a horizontal plane bounded by the front, side
and rear lot lines.
A lot having two or more front lot lines. A "corner lot,"
as so defined herein, shall comply with the setback requirements on
both front lot lines or streets.
The percentage of area of a lot devoted to a principal or
accessory building or structures; provided, however, that roof eaves
shall not be included in the computation of "lot coverage."
The mean horizontal distance between the front and rear lot
lines.
The horizontal distance measured along the full length of
the front lot line.
A lot other than a corner lot.
A boundary of a lot which is along an existing or dedicated
public street or, where no such existing or dedicated public street
exists, along a public way. If a lot has two or more front lines,
as in the case of a corner lot, the owner or developer shall designate
to the approving authority the location of the "front lot line."
The lot line which is more distant from and most nearly parallel
to the front lot line. If a "rear lot line" is less than 15 feet in
length or if a lot comes to a point at the rear, the "rear lot line"
shall be a line at least 15 feet in length, lying wholly within the
lot and parallel to the front lot line. If a lot has two or more front
lot lines, the owner or developer shall designate to the approving
authority the location of the "rear lot line."
Any boundary of a lot which is not a front lot line or a
rear lot line.
The straight line distance between points on opposite side
lot lines where the boundary between the front yard and the side yards
meet such side lot lines.
The converting of raw, unfinished materials or products,
or any or either of them, into an article or articles or substance
of a different character or for use for a different purpose.
A composite of the mapped and written proposals recommending
the natural, physical and economic development capacities and goals
of the Borough which has been adopted by the Northvale Planning Board.
The habitable area of a home or apartment customarily used
for living such as a kitchen, dining room, living room, bedroom, bathroom,
family room, game room, hall, foyer, entry and closet and excluding
basements, attics, garages and storage areas.
P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq., and all the
subsequent amendments thereto.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
The on-site parking of motor vehicles.
An area available for parking of a motor vehicle and designed in accordance with Section 200-13.
[Amended 5-9-2001 by Ord. No. 762-2001]
An establishment primarily engaged in providing services
involving the care of a person or his or her personal goods or apparel.
Personal service establishments shall include, but are not limited
to, salons, barbershops, nail salons, clothing and shoe cleaning and
repair, tailors, and the like.
[Added 8-12-2020 by Ord.
No. 1023-2020]
The lot and any structures thereon, on or in which a subject
use is situated.
The office of a member of a recognized profession maintained
for the conduct of that profession.
[Added 8-10-2010 by Ord. No. 876-2010]
The same as a lot line for the purposes of this chapter.
The on-site growing, harvesting or keeping of plants for
the consumption and enjoyment of residents of the property and not
for commercial purposes.
A public eating or drinking establishment in which the primary function is the preparation and serving of food and drink on the premises and for on-site consumption. Retail establishments that may serve food and drink as an accessory use, such as delicatessens or supermarkets, are excluded from this definition for the purposes of this chapter, provided that no facilities for the consumption of food and drink exist on the premises. Any building or premises used as a restaurant shall comply with the standards in Section 200-10.
[Amended 10-9-1991 by Ord. No. 635-91; 8-10-1994 by Ord. No.
675-94; 5-9-2001 by Ord. No. 762-2001]
An establishment serving food to persons outside the building
in which the food is prepared and/or providing tables, benches or
automobile parking spaces where food may be eaten outside such building.
An establishment preparing food to be taken outside of the
establishment and consumed off the premises. Take-out restaurants
shall comply with the following standards:
[Added 8-9-1995 by Ord. No. 689-95]
Tables, chairs and stools shall be prohibited
inside the establishment.
No food or drink shall be consumed at the counter
or any other place within the establishment or outside on the premises.
Chairs may be permitted, only with prior written
approval of the Code Compliance Official, solely for the convenience
of customers waiting for food to be prepared.
A sign not smaller than 11 inches by 14 inches
in size must be posted in a conspicuous place, or as required by the
Code Compliance Official stating that it is prohibited to eat or drink
in said establishment.
An establishment engaged in selling goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
[Added 8-12-2020 by Ord.
No. 1023-2020]
Any building, land area, or other premises, or portion thereof,
used for the retail dispensing or sale of vehicular fuels. Retail
gas stations customarily include a convenience store providing retail
sales of food items and other goods to customers.
[Added 8-12-2020 by Ord.
No. 1023-2020]
A building containing separate, individual, and private storage
spaces of varying sizes leased or rented on individual leases for
varying periods of time.
[Added 8-12-2020 by Ord.
No. 1023-2020]
A retail business that uses washing, drying, dry-cleaning,
pressing, ironing and similar machines for the care and cleaning of
customers' clothes and household dry goods. Excluded from this definition
for the purposes of this chapter are laundry areas which serve as
accessorial use to apartments and the exclusive use by tenants and
owner.
Any building, land area, or other premises used for servicing
motor vehicles, which may include routine maintenance, vehicle parts,
major repair services, body repair, and painting. The sale and installation
of lubricants, tires, batteries, and similar vehicle accessories may
also be conducted.
[Added 8-12-2020 by Ord.
No. 1023-2020]
[Repealed 8-12-2020 by Ord. No. 1023-2020]
The distance from the property line to a building or parking
or other space, measured at right angles to the property line. The
front, interior side, corner side and rear setbacks shall be measured
from the front, interior side, corner side and rear lot lines, respectively.
A group of commercial establishments which provide for the sale of the daily living needs, such as food or drugs, as well as personal services, such as apparel or furniture, banking, professional services and recreation. Such center should be developed as a unit. A shopping center development shall be comprised of no less than 20,000 contiguous square feet of ground space and shall comply with the standards in Section 200-10.
[Amended 5-9-2001 by Ord. No. 762-2001]
A system of panels or other solar energy devices, including
solar-related equipment, the purpose of which is to provide for the
collection, inversion, storage, and distribution of solar energy for
electricity generation, space heating, space cooling, or water heating
to a principal structure, which the system is mounted on.
[Added 12-29-2020 by Ord.
No. 1028-2020]
Any structure having a roof and intended for the enclosure,
shelter or protection of personal property.
[Added 12-23-1981 by Ord. No. 450-G]
A building structure devoted primarily to the retail sales
of goods and services and where the service is performed or the goods
to be sold are prepared in their finished form on the premises.
The dividing line between the street and the lot.
A principal member which is used to support live and/or dead
loads such as a bearing partition, bearing wall, beam, girder, column,
pier or post; but, however, excluding such secondary elements as a
joist, flooring, decking or lintel whose supporting area is no greater
than 40 square feet and excluding nonbearing partition walls.
The specific purpose for which land or a building is occupied,
intended or maintained.
A use clearly incidental to the principal use and located
on the same lot with such principal use. "Accessorial use" shall have
the same meaning as "accessory use."
[Amended 5-9-2001 by Ord. No. 762-2001]
The primary purpose for which a lot is used.
A use not permitted within a district. Those uses not expressly
permitted within this chapter are prohibited. The listing of certain
uses as specifically prohibited reiterates the prohibition regarding
those particular uses to avoid doubt or confusion.
The area on a lot extending along a lot line between such
lot line and a building, structure or use occupying such lot.
A yard extending the full width of a lot and situated between
the street line and the line of the building projected to the side
lines of the lot. The depth of the front yard shall be measured between
the line of the building and the street line.
A yard extending the full width of the lot situated between
the rear line of the building and the rear line of the lot.
A yard situated between the building on the side line of
the lot and extending from the front yard to the rear yard.
That person who shall be responsible for the administration
and enforcement of the zoning and land use laws of the Borough of
Northvale. The Zoning Officer shall serve for a one-year term commencing
in January of each year. The Zoning Officer shall be appointed by
nomination of the Mayor and confirmation by the majority of the full
membership of the Council. There shall also be a Deputy Zoning Officer
whose term shall coincide with that of the Zoning Officer and who
shall be appointed in the same manner as the Zoning Officer. The Deputy
Zoning Officer shall report directly to the Zoning Officer and shall
in all respects be subordinate to and subject to the direction of
the Zoning Officer. The Deputy Zoning Officer shall have the power
to issue summonses only in the absence of the Zoning Officer or at
the express direction of the Zoning Officer.
[Amended 4-22-1981 by Ord. No. 450-F; 5-8-1985 by Ord. No.
532-85; 7-10-1985 by Ord. No. 539-85]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
