[Ord. No. 1811, § 4; amended by Ord. No. 1859, 5-27-1980, § 1; Ord. No. 1941, 2-2-1982, § 3; Ord.
No. 1994, 8-9-1983, § 2; Ord. No. 2021, 2-7-1984, § 1; Ord.
No. 2042, 7-9-1984, § 3; Ord. No. 2044; 7-9-1984; § 1; Ord. No. 2052, 9-4-1984, § 1; Ord.
No. 3141, 5-3-1988, § 3; Ord. No. 3269, 6-26-1990, § 1; Ord.
No. 3363, 7-6-1993, § 1; Ord. No. 3381, 12-21-1993, § 2; Ord.
No. 3394, 6-7-1994, § 1; Ord. No. 3438, 11-14-1995, § 1; Ord.
No. 3441, 12-21-1995, § 1; Ord. No. 3474, 10-8-1996, § 2; Ord.
No. 3623; 2-8-2000, § 1; Ord.
No. 3654, 12-19-2000, § 1; Ord. No. 3728, 8-20-2002, § 1; Ord.
No. 3747, 2-25-2003, § 1; Ord. No. 3762, 5-27-2003, § 1; Ord.
No. 3923, 12-6-2005, § 1; Ord. No. 3924, 12-6-2005, § 1; Ord.
No. 3962, 9-5-2006, § 1; Ord. No. 3963, 9-5-2006, § 1; Ord.
No. 4034, 10-9-2007, Ord. No. 4049, 1-8-2008, § 2; Ord.
No. 4044; 11-20-2007, § 2; Ord.
No. 4062, 3-18-2008, §§ 1,
2; Ord. No. 4072, 5-27-2008, § 3; Ord. No. 4080, 6-24-2008, § 5]
Any word or term not defined herein shall have the same meaning
conferred upon it by the Municipal Land Use Law (N.J.S.A. 40:55D-3
through 40:55D-7). The word "shall" indicates a mandatory requirement,
and the word "may" indicates a permissive action. For the purposes
of this chapter, unless the context clearly indicates a different
definition, the following definitions shall be applicable:
ACCESSORY USE OR BUILDING
A subordinate use or building, the purpose of which is incidental
to that of a main use or building on the same lot. Where an accessory
structure is attached to a principal structure in a substantial manner
by a wall or roof, such accessory structure shall be considered part
of the principal structure. The permitted accessory uses set forth
in the RR-M, RC-1 and RC-2 Redevelopment Districts shall be deemed
to comply with this definition.
ADDITION
For purposes of historic preservation, the construction of
a new improvement as part of an existing improvement when such new
improvement changes the exterior appearance of any designated historic
sites.
ADMINISTRATIVE OFFICER
The Township Clerk, unless a different municipal official
or officials are designated by this chapter; the Tax Assessor or the
Township Engineer, or their designees, are hereby designated as the
administrative officer for the purpose of certification of property
owners' lists as required by the Municipal Land Use Law.
[Amended by Ord. No. 4259, 6-22-2012]
AFFORDABLE
As defined in Article
VI, Affordable Housing, §
33-34.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
ALTERATION
For purposes of historic preservation, any work done on any
improvement which:
(a)
Is not an addition to the improvement; and
(b)
Changes the appearance of the exterior surface of any improvement.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in supporting members of the building or additions
to a structure requiring walls, foundations, footings, columns, beams,
girders, posts, pilasters or piers, or buttresses. Non-load-bearing
internal walls, used to partition interior space, are not considered
structural alterations.
AMUSEMENT CENTER
Any indoor place or enclosure that contains three or more
amusement devices of any description, including but not limited to
pinball amusement games, computer amusement games and/or games of
chance for public amusement, patronage or recreation.
APARTMENT
A dwelling unit in a building having two or more dwelling
units where entranceways, hallways, basements, attics, heating systems,
yards and similar services in the building are shared in common, singularly
or in combination.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter or other law.
APPROVING AUTHORITY
The Planning Board or the Board of Adjustment of the Township, exercising subdivision or site plan review authority pursuant to N.J.S.A. 40:55D-1 et seq., Chapter
2 of the Teaneck Township Code and §
33-5 hereof.
ARCHITECTURAL SIGN BAND
A horizontal area above the entrances or storefront window,
which is located between eight feet and 15 feet above curb level.
ASSISTED LIVING FACILITY
A facility licensed by the State of New Jersey to provide
apartment-style housing and congregate dining for elderly persons
with no more than two persons per unit, such persons either being
related or otherwise consensual as to the living arrangement. Each
living unit at a minimum shall consist of one unfurnished room, a
private bathroom, a kitchenette and a lockable entrance door.
AUCTION MARKET
Any place where goods, wares or merchandise of any description
whatsoever are offered for sale to the highest bidder.
AWNING
An architectural projection that provides weather protection,
identity and/or decoration; is wholly supported by the building to
which it is affixed; and is comprised of a lightweight, rigid or retractable
skeleton structure over which a fabric cover is attached.
AWNING, WATERFALL-STYLE or WATERFALL-STYLE AWNING
Waterfall-style awnings are those that are shaped such that
the top of the awning immediately projects out approximately 90°
for a few inches, then drops straight downward (i.e., like a waterfall).
BASEMENT
That portion of a building which is partially below and partially
above grade and has at least 1/2 or more of its height above grade.
BILLBOARD
A commercial sign that attracts attention to a business,
commodity, service or entertainment conducted, sold or offered at
a location other than the premises on which the sign is located.
[Amended by Ord. No. 4-2015, 4-21-2015]
BILLBOARD, DIGITAL
A billboard that is computer-controlled to electronically
change the advertising image on a frequent basis.
[Amended by Ord. No. 4-2015, 4-21-2015]
BILLBOARD, STATIC
A billboard whose advertising image is fixed.
[Amended by Ord. No. 4-2015, 4-21-2015]
BLOCK
The area enclosed by intersecting streets, watercourses, railroads or parks [except, however, the special definition of "block" in §
33-23(f)(1)].
BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69 and Chapter
2 of the Township Code.
BOX SIGN or LIGHTED BOX SIGN
Any sign made in a three-dimensional manner like a box and
mounted to an external wall of a building. Such signs are normally
internally lit with an inserted panel on which all lettering is done.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy, or for the purpose
of parking or storing physical objects, and having a roof.
BUILDING AREA
The total of areas of outside dimensions projected vertically
on a horizontal plane at ground level of the principal building and
all accessory buildings, but excluding such structural features as
window wells, basement stairs, parking ramps and all other such structures
which extend beyond the periphery of the building foundation.
BUILDING COVERAGE
That area of a lot covered by buildings, except sheds measuring
120 square feet or less in area, measured on a horizontal plane around
the periphery of the foundation(s) and any extension and cantilevers,
above where the foundation(s) meets the grade, and including the area
under the roof of any structure not having walls, as measured around
the extremities.
[Amended by Ord. No. 4281, 1-22-2013]
BUILDING HEIGHT
Height in feet shall be measured as follows, except in the RR-M, RC-1, RC-2 and RC-3 Redevelopment Districts and the H Hospital District, which shall be measured as set forth in §
33-24 herein. For all buildings, building height shall be the vertical distance from the average ground elevation around the foundation to the building's highest point, exclusive of chimney, mechanical equipment, elevator tower and flagpole, which shall not exceed the height of the existing building by more than 12 feet, but in no event shall it exceed the maximum building height specified for a particular zone by more than eight feet.
(a)
The average ground elevation shall be calculated by measuring
the ground elevation at ten-foot intervals around the perimeter of
the foundation.
(b)
At no point around the perimeter of the building shall the height
of the building, exclusive of chimney, mechanical equipment, elevator
tower and flagpole, exceed by more than five feet the maximum allowed
in the zoning district.
(c)
Where soil or rock removal lowers the ground elevation around
the perimeter of the foundation, the building height shall be based
on the lowered elevation.
(d)
Where fill raises the ground elevation around the perimeter
of the foundation, building height shall be based on the elevation
as it existed prior to the use of fill.
BUILDING LINE
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 case of a cantilevered or
projected section of a building or roof, the vertical plane will coincide
with the most projected surface over three feet in height above the
grade, except that a roof overhang of no more than 3 1/2 feet
is permitted in the front yard and rear yard, and a roof overhang
of no more than 1 1/2 feet is permitted in any side yard.
BUSINESS OR TRADE SCHOOL
A teaching facility which instructs in a business, trade
or skill, whether or not it is the primary use of the premises.
CABARET
A restaurant or bar that has a stage upon which some form
of live entertainment, such as music, song, dance, recitation, or
drama, is performed.
[Added by Ord. No. 18-2023, 4-18-2023]
CANOPY
An architectural projection that provides weather protection,
identity and/or decoration; is ground-supported and supported by the
building to which it is affixed; and is comprised of a lightweight,
rigid or retractable skeleton structure over which a fabric cover
is attached.
CELLAR
That portion of a building which is partly or completely
below grade and having at least 1/2 its height below grade.
CERTIFICATE OF APPROPRIATENESS
A document issued by the Historic Preservation Commission,
following the review procedures set forth herein, certifying that
the proposed activity under review is acceptable in terms of the design
criteria set forth herein.
CHANNEL LETTER SIGN
A type of wall-mounted sign consisting of fabricated or formed
three-dimensional letters, applied to a wall, which may accommodate
an internal light source.
[Added by Ord. No. 2-2019, 1-29-2019]
CHILD-CARE CENTER
Any home or facility, by whatever name known, which is maintained
for the care, development, or supervision of six or more children
under 13 years of age who attend for less than 24 hours a day.
[Amended by Ord. No. 2-2022, 1-18-2022]
CIRCULATION
Systems, structures and physical improvements for the movement
of people, goods, water, air, sewage or power by such means as streets,
highways, railways, waterways, towers, airways, pipes and conduits,
and the handling of people and goods by such means as terminals, stations,
warehouses and other storage buildings or transshipment points.
COMMON OPEN SPACE
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.
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.
CONSTRUCTION OFFICIAL
The person appointed by the Township Manager pursuant to
the State Uniform Construction Code Act, N.J.S.A. 52:27D-119 et seq.
COURT
An open, uncovered and unoccupied space on the same lot with
a building.
COURT, OUTER
A court extending to and opening upon a street, public alley
or other approved open space, not less than 15 feet wide, or upon
a required yard.
DAY-CARE FACILITY or FAMILY DAY-CARE HOME
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, P.L. 1987, c. 27 (N.J.S.A 30:5B-16
et seq.).
[Amended by Ord. No. 2-2022, 1-18-2022]
DEMOLITION
The razing of any improvement or the obliteration of any
natural feature of a structure or historic site.
DEVELOPER
Any applicant for a development project, either awaiting
approval or approved with improvements being made.
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 law.
DORMITORIES
Buildings, or a space in a building, which provide sleeping
accommodations owned by or incidental to a school, college or university
within the Township, and including fraternity and sorority houses.
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.
DRUG PARAPHERNALIA
As defined in N.J.S.A. 2C:36-1.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
DWELLING, SINGLE-FAMILY ATTACHED
A building containing three or more dwelling units with each
dwelling unit extending from the ground to the roof and having individual
outside access and no interior rooms or hallways shared with the other
dwelling units, typically a townhouse unit or rowhouse unit.
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
sleeping, eating, cooking and sanitation.
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
ESCROW or ESCROW ACCOUNT
Any fees deposited by a developer to pay for municipally
incurred expenses in the review of an application or inspections of
a project under development and the accounting entries used to keep
track of expenditures.
FAMILY
Persons living together as a single, nonprofit, housekeeping
unit whose relationship is of a permanent and domestic character,
as distinguished from fraternities and sororities, societies, clubs,
associations, lodges, halfway houses, shelters and other forms of
specialized housing of a transient nature.
FAMILY ENTERTAINMENT CENTER[Added by Ord. No. 7-2014, 4-29-2014]
(a)
A facility in which three or more of the following indoor entertainment
activities and services, or those which are substantially similar
to them, are provided for within a fully enclosed building:
(2)
Meeting, convention, exhibition and/or conference facilities;
(3)
Classrooms and instructional spaces;
(4)
Indoor zoos for small animals, including reptiles, birds and
butterflies and other insects;
(5)
Indoor playgrounds and playrooms, which may include the following
types of play equipment: inflatables and climbing equipment, carousels,
hydraulic rides, base rides, simulation rides, arcade games and video
games; and
(6)
Movie theaters, but not to exceed 50 seats per theater.
(b)
Permitted accessory uses include cafeteria, banquet halls and
restaurants, including kitchens, and food preparation areas; gift
shops; and administrative offices.
(c)
Permitted outdoor accessory uses and structures may include
parking lots; parks and landscaped open space; and gazebos, pagodas,
outdoor seating and tables for dining, but not including outdoor food
service or outdoor food preparation.
FENCE
Any structure or partition erected for the purpose of enclosing
a piece of land, or to divide a piece of land into two portions, or
to separate two contiguous lots.
FINAL APPROVAL
The official action of the approving authority taken on a
preliminary approved major subdivision or site plan after all conditions,
engineering plans and other requirements have been completed or fulfilled
and the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
FLOOD
A general and temporary condition of partial or complete
inundation of normally dry land areas from the overflow of inland
or tidal waters and/or the unusual and rapid accumulation or runoff
of surface waters from any source.
FLOODPLAIN
The areas adjoining a river, stream, canal, ocean, lake or
other body of standing water that have been or may be covered by floodwater.
FREESTANDING OR GROUND SIGN
Any sign supported by permanent structures or supports that
are placed on or anchored in the ground and that are independent from
any building or other structure.
GROSS FLOOR AREA
The area of all floors computed by using the inside dimensions
of the exterior walls of a building. Gross floor area shall exclude
areas having a ceiling height of less than four feet and shall exclude
unoccupied cellars, basements, garage space and accessory buildings;
provided, however, that with respect to RC-1, RC-2 and RC-3 Redevelopment
Districts, the definition of "gross floor area" contained therein
shall apply.
GROUP-CARE HOUSING
A residential facility in a single-family dwelling providing
food, shelter and personal guidance to elderly, developmentally disabled
or mentally ill persons, living together as a single, nonprofit, housekeeping
unit, under such supervision as required. "Elderly" shall mean a person
who has attained age 62 or over.
HEALTH CARE PROFESSIONAL
A physician, dentist, osteopath, chiropractor, chiropodist,
psychologist and similar providers of health care licensed by the
State of New Jersey.
HISTORIC DISTRICT
One or more historic sites and intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
HISTORIC SITE
Any real property, man-made structure, natural object or configuration or any portion or group of the foregoing which has been formally designated in the Master Plan and by ordinance, pursuant to §
33-21.2(e) hereof, as being of historical, archaeological, cultural, scenic or architectural significance.
HOME OCCUPATION
The use by a resident of his or her home to engage in any
of the following occupations: day-care facility, dressmaker, tailor,
typist, tutor or teacher, provided that any such tutoring or teaching
shall be limited to individualized instruction and not group instruction;
or any occupation which does not involve more than three business
invitees, deliveries or shipments to or from the home more than two
times a calendar week by vehicles whose maximum cargo load may not
exceed 5,000 pounds (i.e., cube vans or box vans) and does not employ
any person other than the resident.
HOME PROFESSIONAL OFFICE
A professional office located within a dwelling and which
is conducted by the resident thereof, subject to the following restrictions
and limitations:
(a)
"Professional" is defined to mean any one of the following professionals
licensed by the State of New Jersey: physician, lawyer, dentist, nurse,
architect, planner, engineer, land surveyor, psychologist, marriage
counselor, osteopath, podiatrist, chiropodist, chiropractor, physical
therapist, occupational therapist or accountant. All other licensed
professionals are excluded.
(b)
A home professional office shall be incidental to the residence
with space to be used for offices in the principal building limited
to 30% of the building area of the first floor. In computing the office
space of a split-level construction, the office space shall be limited
to 30% of the building areas of the first two levels. In no case shall
space used for a garage be included in computing the building area.
(c)
A biological or other medical testing laboratory that is not
owned and operated by a resident physician or dentist, incidental
to a home professional office, is excluded.
HOSPITAL
A state-accredited institution where persons are given inpatient
and/or outpatient medical and surgical care.
HOTEL
A building or buildings used primarily to provide shelter
for overnight and resident guests for compensation.
IMPROVEMENT
Any structure or part thereof constructed or installed upon
real property by human endeavor and intended to be kept at the location
of such construction or installation for a period of not less than
60 contiguous days.
INDIVIDUALS WITH DISABILITIES
For the purposes of this chapter, a person shall be considered
an individual with disabilities if he or she has a physical or mental
impairment which substantially limits one or more of the major life
activities of such individual and which is expected to be of long-continued
and indefinite duration; substantially impedes his or her ability
to live independently; and is of such nature that the disability could
be ameliorated by suitable housing conditions.
INTERESTED PARTY
Any person, whether residing within or without the municipality,
whose right to use, acquire or enjoy property is or may be affected
by any action taken under this chapter or whose rights to use, acquire
or enjoy property under this chapter or under any state or federal
law have been denied, violated or infringed upon by any action or
failure to act under this chapter.
LAND
Includes improvements and fixtures on, above or below the
surface.
LOADING SPACE
An off-street berth on the same lot with a building or group
of buildings for the temporary parking of a vehicle while loading
or unloading.
LOT
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.
LOT AREA
The area contained within the lot lines but not including
any portion of a street. The minimum lot area of a lot fronting on
a street proposed to be widened in the adopted Master Plan shall be
the minimum area required for the district in which it is located,
plus the additional area needed for widening of the street.
LOT, CORNER
A lot with two adjacent sides at the junction of and having
frontage on two or more intersecting streets; or a lot bounded on
two or more sides by the same street.
LOT COVERAGE
The area of a lot covered by buildings, structures, improved
surfaces and accessory uses, excluding grass pavers, permeable pavers
to the extent set forth below, gravel, play equipment, retaining walls,
sheds measuring 120 square feet or less in area and a maximum of four
mechanical units (i.e., generators, air-conditioning condensing units,
pool equipment) accessory to single-family and two-family detached
dwellings. Permeable pavers, as hereinafter defined, shall be excluded
from lot coverage to the extent of 100% of the area of the lot covered
by permeable pavers.
[Amended by Ord. No. 4281, 1-22-2013; Ord. No. 13-2015, 3-24-2015; Ord. No. 30-2015, 12-15-2015]
LOT DEPTH
The average distance measured from the front lot line to
the rear lot line. With respect to corner lots, lot depth along each
street frontage is the average distance measured from the front lot
line and the opposing side property line.
[Added by Ord. No. 4281, 1-22-2013]
LOT FRONTAGE
The horizontal distance between the side lot lines measured along the street lines. Special rules for determining the front of a lot bounded by two or more streets are set forth in Article
V hereof.
LOT LINE
A line dividing one lot from another or from a street or
any public place. Lot lines extend vertically in both directions from
ground level.
LOT WIDTH
The straight and horizontal distance between side lot lines
and parallel to the street line measured at the minimum building setback
from the street line or, if the street line is curved, from the chord
line of the curve.
MAINTENANCE GUARANTY
Any security, other than cash, which may be accepted by the
Township for the maintenance of any improvements required by this
chapter.
MARKET-RATE DWELLING UNITS
Housing units not restricted to low- and moderate-income
households that may sell at any price determined by a willing seller
and a willing buyer.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Township, as set forth in and adopted pursuant
to law.
MINOR SUBDIVISION
A subdivision of land for the creation of no more than three lots, provided that such subdivision does not involve a planned development, any new street or the extension of any off-tract improvement, the cost of which is to be prorated pursuant to §
33-20 of this Code.
MOTEL
A building or group of buildings used primarily to provide
overnight shelter for transient automobile travelers for compensation.
MOTOR VEHICLE SERVICE STATION
A building or premises or portion thereof where gasoline
or other flammable fuel for operating motor vehicles is offered for
sale at retail to the public and/or in which the general business
of repairing motor vehicles may be conducted, but not including body
or fender work, frame straightening, rebuilding and painting in such
repairs.
MUNICIPAL AGENCY
The Planning Board, Board of Adjustment or Township Council
of the Township of Teaneck, when acting pursuant to this chapter.
NEON SIGN
Any sign consisting of transparent glass or plastic tubing
radiating colored or white light.
NONCONFORMING LOT
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter 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.
NONCONFORMING STRUCTURE
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter
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.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter 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.
NURSING HOME
A privately operated establishment devoted to the care of
four or more persons, which persons require nursing care because of
advanced age or illness. Such term shall not be construed to imply
or permit the practice of general hospital functions, medical or dental
clinics or the rendering of service beyond nursing care.
OFFICE
A place for the transaction of business where reports are
prepared, records kept or services rendered but where no retail sales
are offered and where no manufacturing, assembling or fabricating
takes place.
OFFICIAL MAP
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32.
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 contiguous portions of a street or
right-of-way.
OFF-SITE CONSTRUCTION
Construction on property 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 a contiguous
portion of a street or right-of-way.
OFF-TRACT
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
ON-SITE
Located on the lot or lots in question.
ON-TRACT
Located on 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, provided that such
areas may be improved with only those buildings, structures, streets
and other improvements that are designed to be incidental to the natural
openness of the land; provided, however, that with respect to the
RR-M, RC-1, RC-2, and RC-3 Redevelopment Districts, the term "open
space" shall be defined as set forth therein.
PARKING SPACE
An area either within a structure or in the open for the
parking of a motor vehicle. 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 aisle or driveway. The area of a parking
space shall be a minimum of nine feet wide and eighteen feet long,
exclusive of driveways appurtenant thereto.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
PERFORMANCE GUARANTY
Any security, which may be accepted by the Township, including
cash, provided that the Township shall not require more than 10% of
the total performance guaranty in cash.
PERMEABLE PAVERS
Pavement materials that allow the movement of stormwater
to percolate and infiltrate through the surface area to the soil below.
[Added by Ord. No. 30-2015, 12-15-2015]
PLANNED COMMERCIAL DEVELOPMENT
An area of fifteen or more contiguous acres to be developed
according to a plan as a single entity, containing one or more structures
with appurtenant common areas to accommodate commercial or office
uses or both and any other uses incidental to the predominant use.
PLANNED UNIT DEVELOPMENT
An area with a specified minimum contiguous acreage of 10
acres or more to be developed as a single entity according to a plan,
containing one or more residential clusters or planned unit residential
developments and one or more public, quasi-public, commercial or industrial
areas in such ranges of ratios of nonresidential uses to residential
uses as are specified herein.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with a minimum contiguous acreage of five acres or
more to be developed as a single entity according to a plan, containing
one or more residential clusters, which may include appropriate public
or quasi-public uses all primarily for the benefit of the residential
development.
PLANNING BOARD
The Teaneck Planning Board established pursuant to N.J.S.A. 40:55D-23 and Chapter
2 of the Township Code.
PLAT
A map or maps of a subdivision or site plan.
PRELIMINARY APPROVAL
The conferral of certain rights pursuant to law prior to
final approval, after specific elements of a development plan have
been agreed upon by the approving authority and applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
Architectural drawings prepared during early and introductory
stages of the design of a project, illustrating in a schematic form
its scope, scale and relationship to its site and immediate environs.
PRINCIPAL USE
The main purpose for which any lot and/or building is used.
PRIVATE GARAGE
A building or covered space used for the storage of one or
more motor vehicles without exacting compensation therefor.
PRIVATE SCHOOL
An institution of education whose general course work is
comparable to the public school system and whose curriculum is approved
by the New Jersey Department of Education or the New Jersey Office
of the Secretary of Higher Education.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
PROJECTING SIGN
Any sign, other than a wall sign, suspended from or supported
by a building or structure or sign structure and which extends more
than six inches from a building.
PUBLIC AREAS
(a)
Public parks, playgrounds, trails, paths and other recreational
areas.
(b)
Other public open spaces.
(c)
Scenic and historic sites.
(d)
Sites for schools and other public buildings and structures.
PUBLIC DRAINAGEWAY
The lands required to be reserved or dedicated for the installation
of stormwater drains 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 GARAGE
A building or covered space used for the storage of motor
vehicles and offered to the general public subject to uniform conditions,
such as the payment of charges and availability of space, and where
no repair facilities are maintained and no motor vehicle repairs are
conducted.
PUBLIC NURSERY SCHOOL
A preschool educational facility established by the Board
of Education pursuant to N.J.S.A. 18A:44-1 et seq. A private preschool
facility is designated herein as a "child-care center."
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to the
Township, a municipal agency, the Environmental Commission, the Board
of Education, any state or county agency or other public body for
recreational or conservational uses.
PUBLIC PURPOSE
The use of land by a municipal, county, state or federal
agency or authority.
RECREATIONAL VEHICLE
A transportation structure, self-propelled or capable of
being towed by a passenger car, station wagon or small pickup truck,
of such size and weight as not to require any special highway movement
permits and primarily designed or constructed to provide temporary,
movable, livable quarters for recreational, camping or travel use,
or to carry such equipment, but not for profit or commercial use.
Included as recreational vehicles, but not to the exclusion of any
other types not herein mentioned, are trailers, trailer coaches, camping
trailers, motor homes, pickup (slide-in) campers, chassis mounts,
converted vans, chopped vans, mini motor homes, fifth-wheel trailers
of "recreational vehicle" construction, design and intent (as opposed
to commercial fifth-wheel trailers), boats and boat trailers, snowmobiles
and snowmobile trailers and truck caps.
REPLACEMENT
Repairs, when a building permit is required for the same.
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESTAURANT
A commercial establishment where food and drink are prepared,
served and consumed. As used in this chapter, a "restaurant" shall
not include a fast-food restaurant as defined herein.
RESTAURANT, FAST-FOOD
An eating establishment, excluding bakeries and delicatessens,
where the majority of service is available from a counter-type installation
and from which quickly prepared or unprepared foods are taken away
by the customer, whether or not interior seating facilities are provided.
RESUBDIVISION
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RETAINING WALL
Any structure that is not laterally supported at the top
and is designed and erected to resist lateral soil load whose height
is greater than 24 inches of unbalanced fill.
REVERSE CHANNEL LETTER SIGN
A type of channel letter sign comprised of individual letters
that are independently mounted to a wall or other surface, with lights
mounted behind the letters that face the wall behind. Lights illuminate
the space around the channel letters rather than the channel letters
themselves, creating a halo effect.
[Added by Ord. No. 2-2019, 1-29-2019]
RIGHT-OF-WAY
The total width and length of the course of a street, watercourse,
utility alignment or other way and within which all improvements and
rights of access are confined.
ROADWAY
The hard or paved surface portion of a street customarily
used by vehicles in their regular course of travel. Where there are
curbs, the roadway includes only that portion between the curbs. Where
there are no curbs, the roadway is that portion between the edges
of the paved width.
ROWHOUSE
An attached single-family dwelling in which vehicular access
and parking is located to the rear of the unit, and not facing a street.
[Added by Ord. No. 14-2017, 7-6-2017]
SATELLITE ANTENNA
An apparatus which is designed for the purpose of receiving
and/or transmitting television, radio, microwave, satellite or similar
signals, commonly referred to as a "dish" antenna. Conventional television
antennas are excluded from this definition.
SECURITY GATES
Any rolling, solid, swinging, sliding or accordion-type enclosures
(other than garage doors), solid or not solid, closing vertically
or horizontally, installed as a theft protection measure in any nonresidential
building or storefront opening.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SETBACK LINE
A line drawn parallel to a street line or lot line and drawn
to the point of the building nearest to the street line or lot line
beyond which a building does not project. All setbacks from public
streets shall be measured from the proposed right-of-way width as
shown on the Official Map.
SIDEWALK SIGN
Any temporary portable exterior sign, including sandwich
boards.
SIGHT TRIANGLE
A triangular area outside the street right-of-way abutting
two intersecting streets or a driveway intersecting a street. The
sight triangle is formed by the sides which are the intersecting curblines
or the intersecting curbline with the exit of a driveway and a line
connecting a point on each side line a set distance from the intersection.
In the absence of a curb, the "edge of roadway line" shall be substituted
for "curbline" for determining the location and size of a sight triangle
in this Code.
SIGN
Any exterior 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, quasi-public, civic, charitable or religious group.
SIGN, AREA OF
The area included within the frame or edge of the sign. Where
the sign has no such frame or edge, the area shall be the minimum
area which can be defined by an enclosed four-sided (straight sides)
geometric shape which most closely outlines said sign.
SIGN, POLITICAL
A temporary sign containing a statement about or endorsement of any public issue or candidate for public office. An exterior sign affixed to a political campaign office, identifying the candidates and/or issues which the campaign is promoting from offices on the premises, shall be treated in all respects as a business sign and not a political sign and shall conform to the criteria of §
33-18(c)(9)g hereof.
SITE IMPROVEMENT
Street paving and the widening, extension or modification
of existing paving, curbs, sidewalks, bikeways, storm drains or appurtenances,
drainage structures, culverts, fire hydrants, driveways, sanitary
sewers, water mains or appurtenances, gutters, street signs, streetlighting,
retaining walls and the like. In no case shall the proposed dwelling
or building be considered a site improvement.
SITE PLAN
A development plan of one or more lots on which is shown:
(a)
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways.
(b)
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 and screening
devices.
(c)
Any other information that may be reasonably required in order
to make an informed determination pursuant to an ordinance requiring
review and approval of site plans by the Planning Board.
SKETCH PLAT
A development plan on which is shown the subdivision of land
into two or more lots for purposes of preliminary classification of
said subdivision.
STACKED TOWNHOUSE OR ROWHOUSE
Townhouses or rowhouses which have multiple units, typically
two in number, each unit having at least 1 1/2 or two full levels,
with one unit located partially or fully above or below the other
unit.
[Added by Ord. No. 14-2017, 7-6-2017]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it.
[Added by Ord. No. 4-2013, 4-23-2013]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or Township roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by law, or which
is shown on a plat duly filed and recorded in the office of the county
recording officer prior to the appointment of a Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, 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 an adopted Master
Plan or Official Map, as required by this chapter, forming the dividing
line between the street and the lot.
STRUCTURE
A combination of materials to form a construction, the use
of which requires location on the ground or attachment to something
having location on the ground, and includes, among other things, stadiums,
platforms, radio towers, sheds, storage bins, parking facilities,
fences, outside air-conditioning apparatus and the sidestops and backstops
of a tennis court. The word "structure" shall be construed as though
followed by the words "or part thereof."
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.
(a)
The following shall not be considered subdivisions within the
meaning of this chapter if no new streets are created:
(1)
Divisions of land found by the Planning Board, or Subdivision
Committee thereof appointed by the Chairperson, to be for agricultural
purposes where all resulting parcels are five acres or larger in size.
(2)
Divisions of property by testamentary or intestate provisions.
(3)
Divisions of property upon court order.
(4)
Conveyances so as to combine existing lots by deed or other
instrument.
(b)
The term "subdivision" shall also include the term "resubdivision."
SURFACE WATER RUNOFF CONTROL PLAN
A plan which fully indicates sufficient surface water runoff
control measures to effectively minimize surface water runoff damage
before, during and after land disturbance.
SWIMMING POOL
Any artificially constructed pool, lake or pond located on
the same lot as the dwelling unit and accessory thereto. Pools erected
aboveground and supported by a structural frame placed or fastened
to the ground shall be considered private permanent pools. A wading
pool, with a depth of less than 18 inches, shall not be deemed to
be a swimming pool. A swimming pool with an area of less than 120
square feet and a water depth of less than 18 inches, temporary in
character and constructed of a material other than concrete, masonry
or wood, capable of being moved easily from one place to another,
shall be deemed to be a "portable swimming pool."
TEMPORARY SIGN
Any sign put up for a limited period of time for the purpose
of:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(a)
Displaying information regarding a special offer of products,
services or positions available;
(b)
Announcing special events, holidays or seasons and/or pertaining
to civic, religious, political or philanthropic activities; and/or
(c)
Construction, engineering or architectural work or a building
project or land improvement project.
TEMPORARY TOILET FACILITY
A portable watertight chemical vault used by the public for
outings, bazaars or by contractors and their workmen at a construction
site.
TEMPORARY USE STORAGE CONTAINERS
Prefabricated, commercially leased, fully enclosed, outdoor
containers used to store home furnishings and/or personal items on
a temporary basis during a time of home repair, construction, renovation
or relocation.
TOWNHOUSE
An attached single-family dwelling in which vehicular access
and parking is located at the front/street-facing facade.
[Amended by Ord. No. 14-2017, 7-6-2017]
UTILITY
Services, including but not limited to sewage collection
and treatment, water supply, gas, electric, telephone and cable television.
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Sections 47, 29.2b, 57c and 57d of Chapter 291
of the Laws of New Jersey 1975. (Note: See N.J.S.A. 40:55D-1 et seq.)
WALL SIGN
Any sign affixed to, painted on or recessed into the wall,
facade or fascia of a structure or which is an integral part of the
building or structure. So-called "box signs" which are recessed so
that they are flush with the facade of a structure and individual
channel letters mounted onto the facade are wall signs.
WINDOW AREA
The window area shall be defined as the glassed area located
inside the finished opening as measured vertically from the top of
the finished sill to the top sash and horizontally from the left sash
to the right sash.
WINDOW SIGN
Any sign attached to, etched or painted or placed behind
the window, intended to be visible from the outside.
YARD
Space unoccupied, except as permitted in this chapter, extending
between any building and a lot line or street line. All yard dimensions
shall be measured horizontally and at right angles to either a straight
street line, lot line or building facade or perpendicular to the point
of tangent of curved lines and facades. Also see definition of "setback
line."
YARD, FRONT
The area extending across the full width of a lot between the street line and a line parallel to the street line through the nearest point of the principal building. See special rules applicable to corner lots in Article
V hereof.
YARD, REAR
The area extending across the full width of a lot between
the rear lot line and a line parallel to the street line through the
nearest point of the principal building to the rear lot line.
YARD, SIDE
The area extending from the front yard to the rear yard and
lying between each side lot line and the building.
ZONING BOARD OF ADJUSTMENT
The Board established pursuant to N.J.S.A. 40:55D-69 and Chapter
2 of the Township Code.
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. II)]
ZONING OFFICER
The municipal official charged with the administration and
enforcement of the provisions of the Zoning Ordinances of the Township
of Teaneck as appointed pursuant to § 2-51.2 of this Code.
ZONING PERMIT
A document signed by the Zoning Officer which is required
by ordinance 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 the Zoning Ordinance or variance therefrom.