The following chapter shall be known as the "Building Zone Ordinance of the Borough of Old Tappan 1955."
It is the intention of this chapter to zone, restrict and limit the use of land within the Borough. The use of any land, whether or not there is a building thereon, for any use prohibited hereby, in the district in which the same is located, shall be unlawful.
A.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, comfort, convenience and general welfare.
B.
Whenever the regulations of this chapter require a greater width or size of yards, courts or other open spaces, or require a lower height of building or less number of stories, or require a greater percentage of lot to be left unoccupied, or impose restrictions more extensive than are required by other ordinances of the Borough, or regulation, the provisions of this chapter shall govern.
C.
Wherever the provisions of any statute of the State of New Jersey or other ordinance or regulation of the Borough require a greater width or size of yards, courts or open spaces, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose restrictions more extensive than are required by the regulations of this chapter, the provisions of such statute of the State of New Jersey or other ordinance or regulation of the Borough of Old Tappan, shall govern.
As used in this chapter, the following terms shall have the meanings indicated:
A building or structure, as defined herein, which is not in direct contact with the structural walls of the principal building, and is customarily incidental and subordinate to the principal use or building and located on the same lot with such principal building.
[Amended 11-17-2003 by Ord. No. 834-03; 6-18-2012 by Ord. No. 1048-12]
A use or building customarily incidental and subordinate to the principal use or building and located on the same lot with such principal use or building.
The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
That portion of the building above the highest finished habitable floor not adjacent to living space on a habitable floor. Attic space shall be unfurnished; will not count as a story; is not considered habitable or living area; does not count as floor area; and can have a maximum clear ceiling height of six feet. Any space adjacent to living space (habitable area), whether the ceiling height is greater or lower than seven feet, shall count as floor area.
[Added 6-18-2012 by Ord. No. 1048-12]
A dimension calculated by measuring the finished grade, as defined herein, along the perimeter of the building or structure at points 10 feet apart with the beginning point being the lowest finished grade adjacent to the building or structure, and adding all of said measurements and then dividing the total arrived by the number of measurements taken.
[Added 6-18-2012 by Ord. No. 1048-12]
A dimension determined by measuring the natural grade, as defined herein, along the perimeter of the building or structure at points 10 feet apart with the beginning point being the lowest natural grade adjacent to the building or structure, and adding all of said measurements and then dividing the total arrived at by the number of measurement taken.
That portion of a building or structure partially, but no more than 50%, below the average finished grade but no more than six feet above the average finished grade and having a floor-to-ceiling height of not less than seven feet six inches.
[Amended 6-18-2012 by Ord. No. 1048-12]
Any dwelling in which more than three persons, whether individually or as families, are housed or lodged for hire with or without meals. A rooming house or a furnished room house shall be deemed a boardinghouse.
An area of land which provides a physical separation between different use zones and different land uses. Said area shall remain in its natural state, where wooded, or shall otherwise consist of new landscaping and plantings, which may be combined and integrated with berm areas. Within any such buffer zone, no buildings, structures, driveways, parking or loading areas, or other use of the land shall be permitted; provided, however, that decorative walls and fences may be erected only at the edge or outside perimeter of the buffer zone.
Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
The vertical distance measured from the lowest finished grade, as defined herein, immediately adjacent to the building wall or from the average natural grade, as defined herein, to the highest point of the roof of any building including an accessory building, excluding chimneys, television antennas, mechanical equipment (including but not limited to elevator housings) and parapet walls not exceeding four feet in height, whichever is greater.
That portion of a building or structure more than 50% below the average finished grade, and having a floor-to-ceiling height of not less than seven feet six inches which shall have no bedrooms.
[Amended 6-18-2012 by Ord. No. 1048-12]
A building or structure, or group of buildings or structures, which by design and construction are intended for the conducting of organized religious services, and accessory uses customarily associated therewith including, but not limited to, the following: educational services, facilities for weddings, funerals, bar and bat mitzvahs, parish houses, rectories, convents, and other similar functions directly related with the principal function of the church or house of worship; and emergency shelters, places of assembly for self-help and support groups, temporary shelter for the homeless in accordance with a local or regional program and other similar accessory functions relating to community services or needs, provided such uses are not residential in nature.
An open space within or related to a residential cluster development and designed and intended for the use and enjoyment of residents and owners of the development.
Any system of wires, rods, discs, panels, flat panels, dishes, whips, or other similar devices used for the transmission or reception of wireless signals. An antenna may include an omnidirectional antenna (rod), directional antenna (panel), parabolic antenna (disc) or any other wireless antenna. A communications antenna shall not include mobile cellular communications antennas or mobile cellular communications towers as otherwise regulated under this chapter.
[Added 12-5-2016 by Ord. No. 1105-16]
A community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 persons with head injuries, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to group homes, halfway houses, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of N.J.S.A. 26:2H-1 et seq. "Person with head injury" means a person who has sustained an injury, illness or traumatic change to the skull, the brain contents or its coverings which results in a temporary or permanent physiological decrease of mental, cognitive, behavioral, social or physical functioning which causes partial or total disability.
A community residential facility licensed pursuant to N.J.S.A. 30:11B-1 et seq., providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community, and shall include, but not be limited to group homes, halfway houses, intermediate care facilities, supervised apartment living arrangements, and hostels. Such a residence shall not be considered a health care facility within the meaning of N.J.S.A. 26:2H-1 et seq. In the case of a community residence housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and Hospitals of the Department of Human Services. "Developmentally disabled person" means a person who is developmentally disabled as defined in N.J.S.A. 30:11B-2, and "mentally ill person" means a person who is afflicted with a mental disease as defined in N.J.S.A. 30:4-23,[1] but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal charge.
A shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to N.J.S.A. 30:14-1 et seq., providing food, shelter, medical care, legal assistance, personal guidance, and other services, to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.
An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
A court extending to a street line or opening upon any front, side, rear yard.
That percentage of the plot or lot area covered by the building area.
That percentage of plot or lot area covered by the building area. Building area shall be computed by determining the first floor area of any and all structures intended to be used or occupied on a permanent basis and shall include, but not be limited to, buildings, sheds, pool houses and garages and overhangs above the first floor in excess of two feet.
[Added 2-22-2005 by Ord. No. 876-05]
That percentage of the plot or lot area covered by all impervious surfaces, including, but not limited to, buildings and structures, parking areas, driveways, tennis courts, patios, decks, swimming pools, walkways and retention and detention basins. Special paver stones with voids for grass will be calculated as impervious coverage based upon the amount of impervious material area versus grass area as specified in the manufacturer's literature.
[Added 2-22-2005 by Ord. No. 876-05; amended 1-21-2014 by Ord. No. 1064-13]
A network of one or more antennas and fiber-optic nodes typically mounted to streetlight poles, or utility structures, which provide access and signal transfer services to one or more third-party wireless service providers. DAS shall also include the equipment location, sometimes called a "hub" or "hotel," where the DAS network is interconnected with third-party wireless service providers to provide the signal transfer services. The term shall be construed to include supporting cables, wires, braces, masts or other appurtenances.
[Added 12-5-2016 by Ord. No. 1105-16]
Any structure comprised of a single dwelling unit inhabited or to be inhabited by one or more persons occupying the premises as a single housekeeping unit.
A statement which shall provide information needed to evaluate the effects of a proposed project upon the environment of the Borough and the surrounding area and which shall include the following:
Any inventory of existing environmental conditions at the project site and in the surrounding region which shall describe air quality, water quality, water supply, hydrology, geology, soils, topography, vegetation, wildlife, aquatic organisms, ecology, demography, land use, aesthetics, history and archaeology; for housing, the inventory shall describe water quality, water supply. hydrology, geology, soils and topography.
A project description which shall specify what is to be done and how it is to be done, during construction and operation.
A listing of all licenses, permits or other approvals as required by law and the status of each.
An assessment of the probable impact of the project upon all topics described in paragraph a hereinabove.
A listing of adverse environmental impacts which cannot be avoided.
Steps to be taken to minimize adverse environmental impacts during construction and operation, both at the projects site and in the surrounding region.
Alternatives to all or any part of the project with reasons for their acceptability or nonacceptability.
A reference list of pertinent published information relating to the project, the project site, and the surrounding region.
One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit.
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, N.J.S.A. 30:5B-16 et seq.
Any area of land, including structures thereon, that is used or designed to be used for the supply of gasoline, oil or other fuel for the propulsion of motor vehicles and which may include facilities used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles.
A dimension or dimensions indicating the elevation of the surface of real property above sea level as existing in its developed state subsequent to any excavation, filling, earth movement, soil removal, building, construction or alteration of such property.
The sum of the gross horizontal areas of the several floors of a building measured from the outside face of the building and shall include all square footage for accessory buildings exceeding 150 square feet, except for two-car garages as noted herein. Except as provided herein below, the computation of floor area ratio does not include basements, cellars, garages (with a maximum capacity of two cars not exceeding an area of 400 square feet, whether attached or detached, that are at or below basement level), decks, patios and noninhabitable areas such as accessory buildings not exceeding 150 square feet and attics.
[Added 2-22-2005 by Ord. No. 876-05; amended 11-21-2005 by Ord. No. 886RR-05; 6-18-2012 by Ord. No. 1048-12]
The sum of the area of all floors (as defined under "floor area") of the existing or new buildigs or structures, compared to the total area of the property on which the structures are located, expressed as a percentage.
[Added 2-22-2005 by Ord. No. 876-05; amended 6-18-2012 by Ord. No. 1048-12]
An occupation or a profession which:
Is customarily carried on in a dwelling unit or in a building or structure accessory to a dwelling unit.
Is carried on by a member of the family residing in the dwelling unit.
Is clearly incidental and secondary to the use of the dwelling unit for residential purposes.
Which conforms to the following additional conditions:
The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
Not more than one person outside the family shall be employed in the home occupation.
There shall be no exterior display, no exterior sign (except as permitted under § 255-8D, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
No offensive noise vibration, smoke, dust, odors, heat or glare shall be produced.
In particular, home occupation includes, but is not limited to the following:
Space within a dwelling unit utilized for living, such as, but not limited to, sleeping, eating, cooking, bathing, washing and sanitation purposes. "Living area" includes all those building elements which comprise, or provide for, livable space, i.e., the area of floors under all interior building walls.
[Added 6-18-2012 by Ord. No. 1048-12]
A parcel of land occupied or to be occupied by one principal use, with its accessories and including the open spaces accessory to it. No area shall be counted as accessory to more than one principal use, and no area necessary for compliance with the open space requirements for one principal use shall be included or counted in the calculation of the open space accessory to any other principal use.
The horizontal distance between the front and rear lot lines, measured along the perpendicular bisector of the front setback line.
The horizontal distance between the side lot lines measured along the minimum front setback line, required for the zone in which the lot is situated.
Housing affordable according to federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to 50% or less of the median gross household income for households of the same size within the housing region in which the housing is located, and is subject to affordability controls.
Any structure, combination of materials or form of apparatus which is designed and used for the purpose of sending, transmitting, receiving or relaying low-power mobile radio waves for commercial communication purposes whether by cellular, personal communications systems or other similar technologies.
A freestanding structure of any type which is designed, intended or constructed for the installation of or on which is affixed a mobile cellular communications antenna or antennas.
Housing affordable according to federal Department of Housing and Urban Development or other recognized standards for home ownership and rental costs, and occupied or reserved for occupancy by households with a gross household income equal to more than 50% but less than 80% of the median gross household income for households of the same size within the housing region in which the housing is located and is subject to affordability controls.
A dimension or dimensions indicating the elevation of the surface of real property above sea level as existing in its natural state and prior to any excavation, filling, earth moving, soil removal, building, construction or alteration of such property.
Use of a building or of land that does not conform to the regulations as to use for the district in which it is situated.
Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved in connection with a residential cluster development for public or private use or enjoyment or for the use or enjoyment of owners and occupants of land adjoining or neighboring such open space.
An off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct access to a street or alley.
A townhouse type of building with one or two stores utilizing an L-shape design and attached to other similarly shaped buildings by no more than two party walls.
An open space area conveyed or otherwise dedicated to the Borough, to a Borough agency, to the Old Tappan Board of Education, to a state or county agency or to any other public body for recreation or conservation uses.
Four attached dwellings in one structure in which each unit has two open space exposures and share one or two walls with an adjoining unit or units. In a quadruplex, one dwelling unit atop another is permitted.
An area to be developed as a single entity according to a plan approved by the Planning Board, containing single-family detached dwelling units which have common open space or a public open space as appurtenances.
A waste collection system that includes gravity sewers, force mains, pumping facilities and other equipment that conveys wastewater to a central treatment plant, which system shall be approved by the State of New Jersey, Department of Environmental Protection, the Bergen County Utilities Authority, the Mayor and Council, the Borough Engineer and such other authorities as may have jurisdiction thereof.
Any building which is designed, constructed or used primarily for educational purposes. Uses which are primarily custodial in nature, such as day-care centers or similar uses are not schools. Uses wherein instruction is given to individuals or groups in a building used principally for other purposes are not schools.
An accessory structure or building, not to exceed 150 square feet in area, used primarily for storage purposes.
[Added 6-18-2012 by Ord. No. 1048-12]
As used herein shall be defined as set forth in Article XVI, Signs, of this chapter.
As used herein shall be defined as set forth in Article XVI, Signs, of this chapter.
As used herein shall be defined as set forth in Article XVI, Signs, of this chapter.
That portion of a building included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between any floor and the ceiling or roof next above, excluding basements, cellars and crawl spaces. No such area shall be considered a story if it has an average height of less than seven feet. Any such area having an average height of less than seven feet shall be considered a half-story.
A public way which affords principal means of access to abutting property.
A combination of materials to form a construction for occupancy, use or ornamentation, whether installed on, above or below the surface of a parcel of land.
A building or structure designed for, or occupied by, no more than one family or household and attached to other similar buildings or structures by no more than two party walls extending from the foundation to the roof and providing two direct means of access from the outside. No dwelling unit in a townhouse shall be located above another unit. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse. For the purpose of this chapter, a townhouse may include a building or structure, title to which is held in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.
A townhouse type of structure in which a row of dwelling units is permitted, with no dwelling unit permitted atop another, except for the end units in the row.
A structure containing three dwelling units, each of which has direct access to the outside or to a common hall.
The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained.
An unoccupied space open to the sky, on the same lot with a building or structure.
An open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches, whether enclosed or not enclosed, shall be considered as part of the main building and shall not project into a required front yard.
An open unoccupied space on the same lot with the building between the rear line of the building and the rear line of the lot and extending the full width of the lot.
An open unoccupied space on the same lot with the building situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line.