As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY RESTAURANTAn establishment for the sale of prepared food, following all applicable health code requirements, located within a facility whose primary function is food or beverage production.
[Added 11-12-2014 by Ord. No. 14-34]
The retail sales of various products, including food service, in a store or similar facility that is located within a health care, hotel, office, industrial, or institutional complex. These uses include pharmacies, gift shops, and food service establishments within hospitals; gift shops, convenience stores and food service establishments within hotel, office, industrial, and institutional complexes. This use category also includes retail associated with commercial and industrial uses for the products sold, distributed or manufactured on site.
[Added 11-12-2014 by Ord. No. 14-34]
A place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion-picture machines, projectors, or other image-producing devices or viewing booths are maintained to show images or display live performances distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
[Added 5-27-1992 by Ord. No. 92-13]
A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any sexual paraphernalia.
[Added 5-27-1992 by Ord. No. 92-13]
A medical facility that provides same-day surgical care, including diagnostic and preventive procedures, to patients not requiring hospitalization.
[Added 11-12-2014 by Ord. No. 14-34]
All amusement games or devices of the type commonly known and designated as "bagatelle," "pinball machines," "video or electronic games," "computer games" or any similar amusement games or devices operated, maintained, used or activated by means of a token, coin or similar object for the purpose of amusement or skill for which a fee is charged.
AUTOMATIC CAR WASHA structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along, and automatic or semiautomatic application of cleaner, brushes, rinse water or heat for drying.
[Added 12-7-1993 by Ord. No. 93-20]
A portion of a building, the floor level of which is below grade at any point on the periphery of the building, having a height of six feet or more, as measured from floor to ceiling, and having more than 1/2 of its height above the average grade.
BLOCKAn area bounded by any of the following or any combination thereof:
BUILDING, ACCESSORYA building detached from and subordinate to the principal building on a lot, used for purposes customarily incidental to those of the principal building.
BUILDING ARTICULATIONThe design of architectural details of a building facade that modulates the building mass in order to create a complementary pattern or rhythm that divides the facade into sections and creates visual interest.
[Added 11-12-2014 by Ord. No. 14-34]
The certificate issued by the chief inspector authorizing the erection or alteration of any building in the City.
BUILDING, PRINCIPALThe construction which contains the primary use on a lot, which shall include attached garages, attached carports (including those attached only by a roofed breezeway), and roofed porches.
BUSINESS INCUBATORA facility that nurtures young startup firms during their early months or years, typically providing affordable space, shared offices and services, hands-on management training, marketing support and access to financing.
[Added 11-12-2014 by Ord. No. 14-34]
The office of a business entity where its employees conduct their work. Retail sales are not conducted in a business office.
[Added 11-12-2014 by Ord. No. 14-34]
A portion of a building, the floor level of which is below grade at any point on the periphery of the building, having 1/2 or less of its height, measured from floor to ceiling, above the average grade or having a height of less than six feet.
COMMERCIAL VEHICLEA licensed motor vehicle which meets any one of the following criteria:
A. The vehicle is licensed for commercial purposes;
The vehicle contains a sign, advertisement or other graphic indicating that its use is for commercial purposes;
The vehicle has a capacity in excess of 3/4 ton;
The vehicle has a capacity in excess of 1/2 ton and less than four passenger seats;
The design of the vehicle clearly indicates that its primary purpose is the transport of goods or produce.
CONTINUING CARE COMMUNITYRetirement communities with accommodations for independent living, assisted living, and nursing home care offering residents a continuum of care in which they can move between levels of care if needed.
[Added 11-12-2014 by Ord. No. 14-34]
The uppermost edge of a flat roof or projecting feature of the wall or architectural feature above a flat roof.
[Added 11-12-2014 by Ord. No. 14-34]
That part of a lot covered by buildings, including accessory buildings.
CO-WORKING SPACECo-working space is a type of office space comprised of a shared working environment in which workers are typically self-employed or employed by different companies.
[Added 11-12-2014 by Ord. No. 14-34]
A use of any structure or premises as or for:
A. The offices of a foreign mission involving diplomatic, consular or other governmental activities of a foreign government, an international organization as defined in Section 209(b) of the Foreign Missions Act [22 U.S.C. § 4309(b)] or any other organization representing a territory or political entity which has been granted diplomatic or other official privileges and immunities under the laws of the United States, together with any ancillary and support facilities to such offices; or
Any purpose included within the term "mission," as defined in, or to which is extended the same privileges and immunities under, the Vienna Convention on Diplomatic Relations of April 18, 1961, or which is included within the meaning of Section 2(3) of the Diplomatic Relations Act [22 U.S.C. § 254a(3)], including, specifically, the residence of the head of any such mission.
DRIVE-THROUGH OR DRIVE-UP FACILITIESFacilities through which an establishment, not including parking facilities, provides goods and/or services to customers while customers remain in their motor vehicles.
[Added 11-12-2014 by Ord. No. 14-34]
A retail establishment where the profession of pharmacy is practiced and/or where prescription medications and general merchandise are offered for sale.
[Added 11-12-2014 by Ord. No. 14-34]
A building designed for, or occupied exclusively by, one family and not designed or used as either a rooming house as defined herein or as a group home or congregate living facility in which a person's continued occupancy is dependent upon the payment of a fixed rent or room charge.
DWELLING, TWO-FAMILYA multifamily building designed for or occupied exclusively by two families living independently of each other.
DWELLING UNITA building, or a self-contained portion thereof, forming a single habitable unit which includes living, cooking, eating, sleeping, bathing and toilet facilities for only one family, including domestic servants employed on the premises, and having no enclosed space in common with any other dwelling unit other than vestibules, entrances or other hallways or porches, and laundry, heating and air-conditioning rooms and equipment, provided that a room within a boardinghouse, hotel, inn, lodging house, rooming house, or other similar structure shall not be deemed to constitute a dwelling unit.
EAVEThe lower edge or edges of a roof, which, typically, project beyond the sides of the building.
[Added 11-12-2014 by Ord. No. 14-34]
Floors, or portions of floors, accessory to the primary use of a building, which are constructed and used solely for parking spaces, or access aisles, lobbies, stairs and elevators connected therewith and which meet the requirements thereinafter set forth for exceptions from aggregate floor area and height limitations.
FAMILYOne or more persons living together in a dwelling unit on a permanent basis as a bona fide single housekeeping unit sharing living, sleeping, cooking and sanitary facilities and jointly performing the ordinary tasks of operating and maintaining a household, such as cooking, cleaning and shopping, on a nonprofit or a nonremunerative basis, and which is noncommercial in character and does not require, as a condition of continued occupancy, the payment of a fixed room rent or a service charge.
FLOOR AREA, AGGREGATEThe sum of the gross horizontal areas of all the floors of a building (or buildings on a lot), measured from the exterior faces of exterior walls, or from the center line of walls common to two buildings, except that the floor area shall include only 75% of any basement or cellar space.
GARDEN CENTERA place of business where retail and wholesale products and produce are sold to the consumer. These centers, which may include a nursery and/or greenhouses, import most of the items sold, and may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils.
[Added 11-12-2014 by Ord. No. 14-34]
A reference plane representing the average of finished ground level adjoining a building or structure at all exterior walls; provided, however:
A. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest point within the area between the building and the lot line or, when the lot line is more than six feet from the building, between the building and a point six feet from the building; or
Where the natural contour of the ground level immediately adjacent to a building is interrupted by ditching, pits or trenching, then the adjoining ground level shall be the nearest contour line parallel to the exterior wall of the building or structure, without regard to the levels created by the ditching, pits or trenching.
GREEN BUILDINGSA structure that is environmentally responsible and resource-efficient throughout its lifecycle, from siting to design, construction, operation, maintenance, renovation, and demolition.
[Added 11-12-2014 by Ord. No. 14-34]
An engineered roofing system that allows for the propagation of rooftop vegetation and the retention of stormwater while maintaining the integrity of the underlying roof structure and membrane.
[Added 11-12-2014 by Ord. No. 14-34]
A commercial establishment that provides as its primary purpose facilities for individual physical health activities, such as aerobic exercise, running and jogging, use of exercise equipment, saunas, showers, lockers. Such establishments are typically on a membership basis and not open to the public at large. Personal training and group instruction in exercise may be provided.
[Added 11-12-2014 by Ord. No. 14-34]
The vertical dimension of a building or structure, measured in feet, from the grade to the highest point of the building or structure.
HOSPICEA facility that provides specified services to terminally ill individuals and their families, including nursing care, physician services, physical and speech therapy, home health aide, homemaker services, pastoral counseling, social work services, occupational therapy, and dietary services in addition to bereavement counseling.
[Added 11-12-2014 by Ord. No. 14-34]
Any building in which there are more than six rooms or suites of rooms other than dwelling units, rented for sleeping purposes or in which there are independent lavatory facilities for each such room or suite of rooms.
HOUSE TRAILERAny vehicle mounted or capable of being mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters, which is greater than 32 feet in length, or eight feet in width, including any such vehicle mounted on temporary or permanent foundations with the wheels removed.
INSTRUCTIONAL STUDIOA commercial establishment that provides individual and/or group instruction in the performing and visual arts or fitness, including dance, music, voice, drama, painting, martial arts, gymnastics, yoga, or other similar activities.
[Added 11-12-2014 by Ord. No. 14-34]
Manufacturing activity that uses moderate amounts of partially processed materials to produce items of relatively high value per unit weight, requiring only a small amount of raw materials, area and power. The value of the products is relatively low and the products themselves are easy to transport.
[Added 11-12-2014 by Ord. No. 14-34]
A lot at the junction of and abutting two or more intersecting streets.
LOT DEPTHThe longest horizontal distance measured along a straight line perpendicular to the street line of such lot between the point where such line intersects the street line of such lot and the point where such line intersects another lot line of such lot, provided that, with respect to a corner lot, the greater dimension of the length or width shall be deemed the length of such lot.
LOT LINE, REARThe lot line generally opposite and located farthest from the street line.
LOT LINE, SIDEThe lot line or lines which intersect the street line of such lot.
LOT, THROUGHA lot (other than a corner lot) which abuts two street lines which are at opposite ends of the lot.
LOT WIDTHThe shortest horizontal distance between the points formed by the intersection of the front yard line of such lot with the side lot lines of such lot, provided that, with respect to a corner lot, the lesser dimension of the length or width shall be deemed the width of such lot.
MASSAGE PARLORAny premises which are used, in whole or part, to administer acupressure, massage, bodywork, or somatic therapy, or involving the act of holding, touching, positioning, mobilizing, applying friction or pressure manually and/or by mechanical or vibratory apparatus to body tissues, including, but not limited to, employing the procedures of acupressure, reflexology, moving, striking, pounding, rubbing, manipulating, kneading, and/or tapping, or the use of oil rubs, heat lamps, salt glow, hot or cold packs, vibration, percussion, medical gymnastics, heliotherapy, external application of topical preparations, or tub, shower, or cabinet baths, but excluding the practice of medicine, physical therapy, or chiropractic by an osteopath, medical doctor, physical therapist, or chiropractor licensed to practice in the State of New Jersey.
[Added 7-18-2000 by Ord. No. 00-03]
Two or more medical group practices or medical offices, or a combination thereof, operating in the same building, which may also contain associated principal or accessory uses such as diagnostic testing facilities, physical therapy, therapeutic counseling services, pharmacies, medical supply retailers, and similar uses. A medical center does not contain residential facilities.
[Added 11-12-2014 by Ord. No. 14-34]
A medical or dental practice, larger than a medical office, offering medical or dental services on an outpatient basis and including principal health care providers and other medical or dental professionals, exclusive of administrative or clerical staff, providing services on the premises. A medical group practice and its principal health providers shall offer medical services within one area of medical practice (e.g., general practice, orthopedics, cardiology, oncology, etc.) or within a small number of closely related areas of medical practice, and may also contain in-house diagnostic testing facilities, medical counseling services, and similar services, or may be associated with other similar accessory or complementary principal uses in the same building.
[Added 11-12-2014 by Ord. No. 14-34]
A medical or dental practice offering medical or dental services on an outpatient basis and including a total of no more than the full time equivalent of three principal health care providers and two other medical or dental professionals, exclusive of administrative or clerical staff, providing services on the premises. A medical or dental office may also contain associated in-house ancillary services such as in-house diagnostic testing facilities, medical counseling services, and similar services.
[Added 11-12-2014 by Ord. No. 14-34]
The appearance of a human bare buttock, anus, male genitals, female genitals or areola of the female breast.
[Added 5-27-1992 by Ord. No. 92-13]
The map, with changes and additions thereto, adopted and established, from time to time, by resolution of the Board of Chosen Freeholders of Bergen County pursuant to N.J.S.A. 40:27-5.
PARKING SPACEAn open or enclosed paved space which is accessible and available at all hours when the building to which it is accessory is in use, for the parking of one passenger automobile.
PERFORMANCE FACILITYA structure designed to accommodate the assembly of persons attending musical performances, dance performances, dramatic performances, and other arts and entertainment-related events.
[Added 11-12-2014 by Ord. No. 14-34]
A use that provides a personal service that is nonmedical and may include accessory retail sales of products related to the services that are provided.
[Added 11-12-2014 by Ord. No. 14-34]
A room or space accommodating 50 or more persons for religious, recreational, educational, political, social or amusement purposes, including all connected rooms or spaces with a common means of entrance and exit.
PLANNED COMMERCIAL DEVELOPMENTAn area with a minimum contiguous acreage specified in the regulations governing development within a district zoned for such development, to be developed as a single entity according to a plan containing mixed uses in such ranges of ratios, and subject to such specific conditions and limitations as may be set forth in Part
4, Zoning, of this chapter.
An area with a minimum contiguous or noncontiguous 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 nonresidential use to residential uses, as shall be specified in Part
4, Zoning, of this chapter.
[Added 7-16-2002 by Ord. No. 02-12]
The Planning Board of the City of Englewood established pursuant to Article
III of this chapter.
Offices where services that are not of a medical nature are provided that require specialized training or professional certification.
[Added 11-12-2014 by Ord. No. 14-34]
An off-street parking lot or parking structure owned and operated by the City of Englewood.
[Added 11-12-2014 by Ord. No. 14-34]
A vehicle designed primarily as temporary living quarters for recreational, camping, or travel use, which is less than 32 feet in length and eight feet in width.
REHABILITATION CENTERA nonresidential facility that provides comprehensive diagnostic, therapeutic, and restorative services to outpatients for the rehabilitation of injured, disabled, or sick persons by or under the supervision of a physician.
[Added 11-12-2014 by Ord. No. 14-34]
Study, research, and experimentation in one or more scientific fields, such as life sciences or biomedical research, communications, chemistry, computer science, electronics, medicine and physics. Research and development also includes the development of prototypes and the marketing of resultant products. Related activities include the manufacturing, mixing, fermentation, treatment, assembly, packaging, and servicing of products. Supporting services such as administrative offices, educational facilities, libraries, and data services are other examples of related activities.
[Added 11-12-2014 by Ord. No. 14-34]
An establishment that provides food services to patrons who order and are served while seated and who pay after eating, which may provide as an ancillary or accessory function the takeout or delivery service of food or beverages for consumption at some other location away from the restaurant premises.
[Added 11-12-2014 by Ord. No. 14-34]
Establishments primarily engaged in providing food services where patrons generally order items and pay before eating. Food and drink may be consumed on premises, taken out, or delivered to the customer's location.
[Added 11-12-2014 by Ord. No. 14-34]
The uppermost edge of a sloped roof.
[Added 11-12-2014 by Ord. No. 14-34]
Growing, washing, and storage of fruits, vegetables, and other plant products on a principal building as an accessory use for education, donation, wholesale and retail sales. Typical operations include growing beds and growing trays.
[Added 11-12-2014 by Ord. No. 14-34]
Any building, together with any related structure, accessory building, and land appurtenant thereto, and any part thereof, which contains two or more units of dwelling space arranged or intended for single-room occupancy, regardless of whether personal or financial services are provided to the residents thereof, including but not necessarily limited to any facility regulated pursuant to the provisions of the Rooming and Boarding House Act of 1979 (N.J.S.A. 55:13B-1 et seq.). For the purposes of this definition, the terms "financial services," "personal services," "single-room occupancy," and "unit of dwelling space" shall have the meanings provided in Section 3 of said Act (N.J.S.A. 55:13B-3).
SEXUAL PARAPHERNALIAAny instruments, devices, equipment or accessories which are designed for use in connection with specified sexual activities or which are designed to depict specified anatomical areas, including apparel or lingerie designed to expose the male or female genitals or the areola of the female breast, but excluding contraceptive and prophylactic devices.
[Added 5-27-1992 by Ord. No. 92-13]
A healthcare facility that provides the skilled nursing care and supportive care to patients whose primary need is for skilled nursing care on an extended basis.
[Added 11-12-2014 by Ord. No. 14-34]
The male genitals in a state of sexual arousal and/or the vulva or more intimate parts of the female genitals.
[Added 5-27-1992 by Ord. No. 92-13]
Includes any of the following:
[Added 5-27-1992 by Ord. No. 92-13]
A. The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts.
Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy.
Masturbation, actual or simulated.
Excretory functions as part of or in connection with any of the activities set forth in Subsections
A through
C above.
STEEP SLOPED AREASAny land areas with a topographic slope 15% or greater in grade, as calculated from the steepest grade over a minimum distance of 50 feet in the horizontal plane.
[Amended 4-17-2001 by Ord. No. 01-02]
That portion of a building included between the upper surface of any floor and the upper surface of the next floor next, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling above.
[Amended 11-12-2014 by Ord. No. 14-34]
A story in which a minimum of 25%, but not more than 50%, of the space between the top of the finished floor and the ceiling level has a clear height of seven feet four inches or more.
STREET LINEThe dividing line between a lot and a street. Where a proposed street widening is shown on the Official Map of either the county or the City, the street line shall be the line of the street as it would exist following such proposed widening.
STRUCTURE, ACCESSORYA construction which is detached from, and is subordinate to, the principal building on the lot and used for purposes customarily incidental to those of the principal building.
TECHNICAL SCHOOLA post-secondary vocational school offering instruction, training, and/or certification in trades or crafts such as auto repair, welding, bricklaying, machinery operation, culinary trades, health care, and computer technology.
[Added 11-12-2014 by Ord. No. 14-34]
A self-contained, one-family dwelling unit, attached to one or more other one-family dwelling units, but having no other dwelling units above it or below it, having direct access to the outside and sharing no interior facilities (such as hallways, vestibules, or stairs) with any other dwelling unit.
URGENT CARE CENTERA facility that delivers medically necessary ambulatory medical care apart from a hospital emergency department setting, typically on a walk-in basis and for acute conditions that are not life-threatening.
[Added 11-12-2014 by Ord. No. 14-34]
An unobstructed portion of a lot that is designed for active or passive recreational and leisure use, and is conveniently located and accessible.
[Amended 11-12-2014 by Ord. No. 14-34]
A use customarily incidental and subordinate to the main use on a lot, whether such accessory use be conducted in a principal or in an accessory building.
VETERINARY CLINICA facility maintained by or for the use of a licensed veterinarian for the diagnosis, treatment, or prevention of animal diseases wherein the animals are limited to dogs, cats or other comparable household pets and wherein the overnight care of said animals is prohibited.
[Added 11-12-2014 by Ord. No. 14-34]
A facility where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment and which includes overnight care related to such treatment.
[Added 11-12-2014 by Ord. No. 14-34]
A facility staffed by medical and/or nonmedical healthcare professionals that promote healthy living and the prevention of illness and disease.
[Added 11-12-2014 by Ord. No. 14-34]
A building or spaces within a building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use as a place of work.
[Added 11-12-2014 by Ord. No. 14-34]
The ground area between a lot line and a yard line, unoccupied by buildings or accessory buildings and/or occupied only by such accessory structures as are permitted and regulated by this chapter.
YARD, FRONTThe ground area between the street line and front yard line, unoccupied by buildings or accessory buildings and/or occupied only by such accessory structures as are permitted and regulated by this chapter.
YARD LINEA line drawn parallel to a street line or lot line at a distance therefrom equal to the yard dimension required by this chapter.
YARD LINE, FRONTA line drawn parallel to a street line at a minimum distance from the street line required by this chapter.
YARD LINE, REARA line drawn parallel to a street line or lot line at a minimum distance from a rear lot line required by this chapter.
YARD LINE, SIDEA line drawn parallel to a side lot line at a minimum distance from the side lot line required by this chapter.
YARD, REARThe ground area between the rear lot line and the rear yard line, unoccupied by buildings or accessory buildings and/or occupied only by such accessory structures as are permitted and regulated by this chapter.
YARD, SIDEThe ground area between the side lot line and the side yard line, unoccupied by buildings or accessory buildings and/or occupied only by such accessory structures as are permitted and regulated by this chapter.