The short form by which this chapter shall be known is the "Zoning
Ordinance of the Borough of Wood-Ridge."
The purpose of this chapter is to establish a pattern for the
use of land and buildings in the Borough of Wood-Ridge based on the
Master Plan for the Borough and enacted in order to promote the following:
A.
To encourage municipal action to guide the appropriate use or development
of all lands in this state in a manner which will promote the public
health, safety, morals and general welfare.
B.
To secure safety from fire, flood, panic and other natural and man-made
disasters.
C.
To provide adequate light, air and open space.
D.
To ensure that the development of individual municipalities does
not conflict with the development and general welfare of neighboring
municipalities, the county and state as a whole.
E.
To promote the establishment of appropriate population densities
and concentrations that will contribute to the well-being of persons,
neighborhoods, communities and regions and the preservation of the
environment.
F.
To encourage the appropriate and efficient expenditure of public
funds by the coordination of public development with land use policies.
G.
To provide sufficient space in appropriate locations for a variety
of agricultural, residential, recreational, commercial and industrial
uses and open space, both public and private, according to their respective
environmental requirements in order to meet the needs of all New Jersey
citizens.
H.
To encourage the location and design of transportation routes which
will promote the free flow of traffic while discouraging locations
of such facilities and routes which result in congestion or blight.
I.
To promote a desirable visual environment through creative development
techniques and good civic design and arrangements.
J.
To promote the conservation of open space and valuable natural resources
and to prevent urban sprawl and degradation of the environment through
improper use of land.
K.
To encourage planned unit developments which incorporate the best
features of design and relate the type, design and layout of the residential,
commercial, industrial and recreational development to the particular
site.
L.
To encourage senior citizen community housing construction.
M.
To encourage coordination of the various public and private procedures
and activities shaping land development with a view to lessening the
cost of such development and to the more efficient use of land.
N.
To promote the conservation of energy through the use of planning
practices designed to reduce energy consumption and to provide for
maximum utilization of renewable energy sources.
O.
To encourage development of a balanced housing supply.
In the interpretation and the application of the provisions
of this chapter, they shall be held to be the minimum requirements
for the promotion of the health, safety, morals and general welfare.
It is not intended to interfere with or abrogate or annul other rules,
regulations or ordinances. Where this chapter imposes a greater restriction
than is imposed or required by other provisions of law or by other
rules and regulations or resolutions, the provisions of this chapter
shall control. Where other laws, rules, regulations or resolutions
require greater restrictions than are imposed or required by this
chapter, the provisions of such laws, rules, regulations or resolutions
shall control.
A.
Unless the context otherwise indicates, the following definitions
shall be used in the interpretation and construction of this chapter.
Words used in the present tense include the future; the singular number
shall include the plural, and the plural the singular; the word "structure"
shall include the word "building," and the word "building" shall include
the word "structure"; the word "person" includes a corporation as
well as an individual; the word "lot" includes the word "plot"; the
word "occupies" includes the words "designed or intended to be occupied";
the word "used" shall include the words "arranged, designed, constructed,
altered, converted, rented, leased or intended to be used"; the word
"shall" is mandatory and not optional; and the word "may" is permissive.
B.
ACCESSORY USE OR STRUCTURE
AISLE
ALTERATION, STRUCTURAL
APPLICANT
APPLICATION FOR DEVELOPMENT
BAR
BASEMENT
BILLBOARD
BUFFER STRIP
BUILDING
BUILDING CODE
BUILDING, COMMUNITY
BUILDING COVERAGE
BUILDING HEIGHT
BUILDING, PRINCIPAL
CELLAR
COMMERCIAL VEHICLE
(1)
(2)
(3)
(4)
COMPLETE APPLICATION
COUNTY PLANNING BOARD
CURB LEVEL
DECK
DISTRIBUTION
DISTRICT
DWELLING
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
FABRICATION
FAMILY
FLOOR AREA
(1)
(2)
(3)
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GARAGE, PUBLIC
HOTEL
IMPERVIOUS COVERAGE
INDUSTRIAL PARK
JUNKYARD
LIGHT INDUSTRIAL
LIVABLE FLOOR AREA
LOADING SPACE
LOT
(1)
(2)
(3)
LOT AREA
LOT DEPTH
LOT LINE
(1)
(2)
(3)
(4)
LOT WIDTH
MOBILE HOME
MOBILE HOME PARK
MOTEL
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFFICE
OFFICE BUILDING
PARKING AREA, PRIVATE
PARKING AREA, PUBLIC
PARKING SPACE
PROFESSIONAL OFFICE
RESTAURANT
RESTAURANT, FAST-FOOD
RESTAURANT, NEIGHBORHOOD
SERVICE STATION
SETBACK LINE
SHOPPING CENTER
STANDARDS OF PERFORMANCE
STORY
STREET
STREET LINE
STRUCTURE
SWIMMING POOL, PORTABLE
SWIMMING POOL, PRIVATE RESIDENTIAL
SWIMMING POOL, PUBLIC OR PRIVATE CLUB
SWIMMING POOLS, WADING
TAVERN
TRANSCRIPT
TRUCK TERMINAL
USE
VARIANCE
WAREHOUSE
YARD
(1)
(2)
(3)
ZONING MAP
ZONING OFFICIAL
Certain words and phrases used in this chapter are defined for the
purpose hereof as follows:
A use or structure accessory to the principal use of a building
or structure on the same lot and serving a purpose customarily incidental
to the principal use of the principal building. It is intended (but
not by the way of limitation) to include permanent swimming pools
as accessory uses to residential structures for the purpose of this
definition.
[Amended 8-8-2000 by Ord. No. 2000-18[1]]
The vehicular access to a parking lot.
Any change in the supporting members of a building, such
as walls, columns, beams or girders.
A developer submitting an 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 law.
An establishment used primarily for the sale or dispensing
of liquor or nonliquor liquids by the drink and/or glass.
[Added 7-17-1989 by Ord. No. 89-11]
That portion of a building which is partly below and partly
above grade and having 1/2 or more of its height above grade.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes, other than that on a
building or its grounds giving the name and occupation of the user
of the premises, the nature of business conducted therein or the products
primarily sold or manufactured therein.
An area of specified width adjacent to a lot line, which
may include but shall not be limited to an area planted with trees,
shrubs, ground covers or other vegetation, which is designed to screen
the view or minimize the noise and glare of cars or buildings from
adjacent properties or roads. Buffer strips in all nonresidential
districts shall comply with the requirement of the zone in which they
are located, provided that, if the lot in question abuts a different
zone, the more restrictive buffer requirement shall apply.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy or use, and having
a roof.
[Amended 10-20-1986 by Ord. No. 86-16]
The building subcode promulgated under the New Jersey Uniform
Construction Code Act (N.J.S.A. 52:27D-119 et seq.).
[Amended 10-20-1986 by Ord. No. 86-16]
A public building for civic, social, educational, cultural
or recreational activities of a neighborhood or community not operated
primarily for monetary gain.
A combination of the horizontal area measured within the
outside walls of the principal structures and accessory structures,
excluding decks and swimming pools. The combined total shall not exceed
the Schedule of Area, Bulk and Yard Requirements unless otherwise
noted.[2]
[Amended 8-8-2000 by Ord. No. 2000-18; 9-15-2009 by Ord. No.
2009-18]
The vertical distance measured from the average elevation
of the finished grade five feet away from the building to the top
of the roof surface for mansard and flat roofs and to the peak of
the roof for peaked roofs.
[Amended 10-14-2003 by Ord. No. 2003-10]
A structure in which is conducted the principal use of the
site on which it is situated.
That portion of a building which is partly or completely
below grade and having at least 1/2 its height below grade.
[Amended 5-9-2006 by Ord. No. 2006-6]
A vehicle licensed and/or used for commercial purposes, such
as the transportation of goods, wares and merchandise.
A vehicle containing a sign, advertisement or other graphics
indicating that its use is for commercial purposes.
A vehicle having a gross weight of over four tons.
All tractors, trailers, construction equipment, omnibuses and
snowplows.
An application form completed as specified by ordinance and
the rules and regulations of the municipal agency and all accompanying
documents required by ordinance for approval of the application for
development, including, where applicable, but not limited to, a site
plan or subdivision plat, provided that the municipal agency may require
such additional information not specified in the ordinance or any
revisions in the accompanying documents as are reasonably necessary
to make an informed decision as to whether the requirements necessary
for the approval of the application for development have been met.
The application shall not be deemed to be incomplete for lack of any
such additional information or any revisions in the accompanying documents
so required by the municipal agency. An application shall be certified
as "complete" immediately upon the meeting of all requirements specified
in the ordinance and in the rules and regulations of the municipal
agency and shall be deemed "complete" on the day it is so certified
by the Construction Code Official for purposes of commencement of
the time period for action by the municipal agency.
The County Planning Board, as defined in Section 1 of P.L.
1968, c. 285 (N.J.S.A. 40:27-6.1), of the county in which the land
or development is located.
The elevation, established by existing curb or the Borough
Code, of the street grade at the point that is opposite the center
of the building wall nearest to and facing the street line. Where
a building is on a corner lot, the curb level is the average of such
elevations of the two intersecting streets.
An exterior floor supported on at least two opposing sides
by an adjacent structure, post, piers or other independent support.
[Added 8-8-2000 by Ord. No. 2000-18]
A use wherein the primary activity is storage and shipping
of goods and materials.
[Added 7-17-1989 by Ord. No. 89-11]
Any part of the territory of the Borough of Wood-Ridge defined
on the Zoning Map within which certain uniform regulations and requirements
of this chapter apply.
A building which is designed or used exclusively as the living
quarters for one or more families.
A building occupied or intended to be occupied for residence
purposes by one family. A mobile home shall not be considered as a
one-family dwelling.
A building containing not more than two dwelling units and
intended for residential occupancy by not more than two families,
each living independent of the other and each with its own separate
sleeping, cooking and sanitary facilities, but not including mobile
homes.
Constructed from a part or parts as opposed to manufacturing
from raw materials.
A reasonable number of persons related by blood, marriage
or adoption or a reasonable number of persons not so related who are
living together as a single housekeeping unit and using certain rooms
and cooking facilities in common. A family may also include foster
children placed by the Division of Youth and Family Services or a
duly incorporated child-care or placement agency. This definition
is intended to be construed in accordance with the developing concepts
enunciated by the public policies of this state.
GROSS FLOOR AREAThe sum of the horizontal areas of all stories calculated by using the outside dimensions of the buildings. In dwellings, the area of an attached garage, open porch, cellar or patio is excluded. The gross floor area shall include kitchens, closets, bathrooms, basements, hallways and any other habitable space within the dwelling unit in addition to the area of all other rooms within the dwelling unit.
[Amended 10-14-2003 by Ord. No. 2003-11; 3-9-2004 by Ord. No.
2004-1]
NET FLOOR AREAThe total of all storied areas of the buildings, excluding stairwells, elevator shafts, equipment rooms, interior vehicular parking or loading, and all stories below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
FLOOR AREA RATIOThe sum of the area of all floors of buildings or structures compared to the total area of the site.
[Amended 10-20-1986 by Ord. No. 86-16]
A building used for the parking and storage of motor vehicles.
A detached accessory building or portion of a main residential
building for the parking of vehicles of the occupants of the main
building to which the garage is accessory.
A building or part thereof, other than a private garage,
used for the sale, lease, storage, service or repair of motor vehicles
and automotive accessories.
A facility offering transient lodging accommodations to the
general public and providing additional services and facilities, such
as restaurants, meeting rooms, and entertainment and recreational
facilities. All rooms shall be accessible via internal corridors only
and may contain limited kitchen facilities. This definition does not
apply to "extended stay" hotels, which are prohibited, and which are
defined as allowing clientele to occupy the premises for periods of
time in excess of three consecutive weeks.
[Added 3-20-2007 by Ord. No. 2007-4]
Any portion of a lot covered with surface materials that
prevent the maximum absorption of stormwater into the ground, including
but not limited to concrete, asphalt, brick, pavers, wood, and gravel.
Any accessory structure situated in the front yard shall be factored
into the impervious coverage calculations.
[Added 2-8-2005 by Ord. No. 2005-9[3]]
One or more buildings erected within an area or tract as
part of an integrated and comprehensively planned total unit, whether
or not the buildings are erected simultaneously or over a period of
time.
Any area of land with or without buildings, regardless of
size, devoted to the storage, keeping or abandonment of junk or debris.
It shall include but shall not be limited to abandoned automobiles,
tires, automobile parts, paper, rags, metal, glass or plastic containers,
old household appliances, wood, lumber, brush and any stumps or any
other debris of any material whatsoever.
Industrial uses that have no offensive or nuisance characteristics
and can be conducted entirely within enclosed buildings.
[Added 7-17-1989 by Ord. No. 89-11]
The floor area within a residential structure to be used
for habitation, excluding cellars, attics, utility (heating and cooling)
rooms and garages and open porches.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading material.
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, CORNERA parcel of land at the junction of and abutting on two or more intersecting streets, where the interior angle of intersection does not exceed 135°.
LOT, INTERIORA parcel of land other than a corner lot.
LOT, THROUGHA parcel of land which extends through from one street to another.
The area contained within the lot lines of a lot, but shall
not include any portion of a street right-of-way.
The horizontal distance between the front and rear lot lines
measured from the midpoint of the front lot line to the midpoint of
the rear lot line.
A line of record bounding a lot.
LOT LINE, FRONTThe lot line separating the lot from the street right-of-way; also referred to as a "street line."
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT LINE, SIDEAny lot line other than a front or rear lot line.
LOT LINE, CORNEROn corner lots there shall be two front lot lines. All other lot lines shall be side lot lines.
The horizontal distance between side lot lines measured at
the required front-yard setback line.
A structure, transportable in one or more sections, which
is built on a permanent chassis and designed to be used as a one-family
dwelling unit, with or without a permanent foundation, when connected
to the required utilities.
One or more parcels of land under single ownership which
have been planned for the placement of two or more mobile homes, appurtenant
structures or additions, provided that the mobile homes shall not
be stacked one on top of the other.[4]
A building or group of buildings providing guest rooms, each
with outside entrances, a public lobby, and which may have one or
more public dining rooms.
A lot the area, dimension or location of which is lawful
to prior to the adoption, revision or amendment of this chapter but
which fails to conform to requirements of the zoning district in which
it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of 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.
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.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government.
[Added 7-17-1989 by Ord. No. 89-11]
A building used primarily for conducting the affairs of a
business, profession, service, industry or government or like activity.
[Added 7-17-1989 by Ord. No. 89-11]
Any area, including parking stalls and maneuvering aisles,
used for the temporary storage of automobiles and other vehicles for
private use solely by the occupants thereof and their invitees and
guests, to which such use is accessory.
Any area other than a street or public way used for the temporary
storage of automobiles and other vehicles and available to the public,
whether for a fee or without compensation, or as an accommodation
for clients, customers or employees.
A space for the parking of a motor vehicle within a public
or private parking area. Private driveways for one-family dwellings
shall be considered off-street parking area, provided that no portion
of the private driveway within the right-of-way line of the street
intersected by the driveway shall be considered off-street parking
space.
The offices of a dentist, physician, artist, planner, surgeon,
teacher, attorney, clergyman, accountant, engineer, architect, insurance
or real estate agent or any other recognized professional licensed
as such by the State of New Jersey.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building.
[Added 7-17-1989 by Ord. No. 89-11]
An establishment whose principal business is the sale of
pre-prepared or rapidly prepared food directly to the customer in
a ready-to-consume state for consumption either within the restaurant
building or off premises.
[Added 7-17-1989 by Ord. No. 89-11]
An establishment whose customers come from the neighborhood,
an area approximately 1/4 mile from the establishment, as opposed
to drawing from the larger community or region.
[Added 7-17-1989 by Ord. No. 89-11]
Land and building designed and used for providing for the
sale of motor fuel, lubricants and automotive accessories and for
providing maintenance and minor repairs for motor vehicles, but not
including body repairs.
That line which is the required minimum distance from the
street right-of-way or any other lot line that establishes the area
within which the principal structure must be erected or placed.
A group of commercial establishments planned, constructed
and managed as a total entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, aesthetic consideration and protection from the elements.
Standards adopted by ordinance, pursuant to law, regulating
noise levels, glare, earthborne or sonic vibrations, heat, electronic
or atomic radiation, noxious odors, toxic matters, explosive and inflammable
matters, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipality or required by applicable
federal or state laws or municipal ordinances.
That portion of a building included between the surface of
any floor and surface of the floor above it or, if there is no floor
above it, then the space between the floor and the ceiling next above
it. The first story of any building shall be where more than 50% of
the story is above the average level of the adjoining ground.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by statute, 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.
The dividing line between the existing or future street right-of-way
and a lot. Where title to land extends into or to the center of a
street, the edge of the present right-of-way of the street, including
any drainage ditch, shall nevertheless be deemed to be the street
line.
A combination of materials to form a construction for continuous
occupancy, whether installed on, above or below the surface of the
parcel of land, including but not limited to buildings, decks and
patios, fences, tanks, towers, signs and advertising devices.
[Amended 8-8-2000 by Ord. No. 2000-18]
Those pools which are not otherwise permanently installed,
do not have water filtration, circulation and purification systems,
do not exceed two feet of water depth, do not exceed a water surface
area of 80 square feet and do not require braces or supports. Portable
pools shall not be subject to the requirements of this chapter.
Any structure that contains water over 24 inches in depth
and which is used, or intended to be used, for swimming or recreational
bathing by an individual, for his own use or his family's use or guests
of his household. This includes in-ground, aboveground and on-ground
swimming pools, hot tubs and spas.
[Amended 8-8-2000 by Ord. No. 2000-18]
Includes either outdoor or indoor pools which are artificially
constructed to provide recreational facilities for swimming, bathing
or wading.
Artificially constructed pools not designed or used for swimming
and having a maximum depth of two feet.
An establishment used primarily for the serving of liquor
by the drink and/or glass to the general public and where food or
packaged liquors may be served or sold only as accessory to the primary
use.
[Added 7-17-1989 by Ord. No. 89-11]
A typed or printed verbatim record of proceedings or reproduction
thereof.
An area and/or building where trucks or other modes of transportation
transfer, load and unload goods and materials on a regular basis.
[Added 7-17-1989 by Ord. No. 89-11]
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
The Planning Board's authorized departure from the literal
requirements and terms of this chapter in accordance with the procedure
contained herein.[5]
A building used primarily for the storage of goods and material.
[Added 7-17-1989 by Ord. No. 89-11]
An open space which lies between the principal or accessory
building or buildings and the nearest lot line and is unoccupied and
unobstructed from the ground upward, except as herein permitted.
YARD, FRONTAn open space extending the full width of the lot between a principal building and the front lot line, unoccupied and unobstructed from the ground upward, except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured horizontally and shall be the minimum distance between the front lot line and the building foundation.
YARD, REARA yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The depth of the rear yard shall be measured horizontally and shall be the minimum distance between the rear lot line and the building foundation.
YARD, SIDEAn open, unoccupied space between the side line of the lot and the nearest line of the principal building and extending from the front to the rear yard. The width of the side yard shall be measured horizontally and shall be the minimum distance between the side lot line and the building foundation.
The Zoning Map of the Borough of Wood-Ridge, New Jersey,
together with all amendments subsequently adopted.
[2]
Editor's Note: The Schedule of Area, Bulk and Yard Requirements is included as an attachment to this chapter.
[3]
Editor's Note: Section 1 of this ordinance also provided as
follows: "Purpose: To establish requirements to prevent the overdevelopment
and overutilization of single-family residential properties in Wood-Ridge
as well as advance the purpose of zoning relative to providing adequate
light, air, open space, and a desirable visual environment."
