Wherever used in this chapter, the following terms
shall have the respective meanings hereinafter set forth or indicated,
unless the context otherwise requires:
ACCESSORY STRUCTURE
A subordinate building or structure on the same lot with
a principal building or structure, occupied or devoted exclusively
for an accessory use. Where an "accessory structure" is attached to
a principal structure by a wall or roof, such "accessory structure"
shall be considered part of the principal structure.
ACCESSORY USE
A use naturally and normally incident and subordinate to
the principal use of a structure or lot.
ALLEY
A public or private roadway providing secondary or subordinate
vehicular access to abutting property and not intended for general
traffic circulation.
ALTERATION
As applied to a building or structure, any change, rearrangement,
enlargement, reconstruction or extension in structural parts or exit
facilities or removal of the building from one location to another
or change of use from one zoning classification to another.
ATTIC
The space between the ceiling beams of the top habitable
story and the rafters.
BASEMENT
A portion of the building partly underground shall be considered
a story, but having less than half of its clear height below the average
grade of the adjoining ground.
BELT COURSE
A horizontal line or row of brick or other masonry material
forming part of a building wall, but which may project beyond the
primary face of the building wall.
BOARDER or ROOMER
A person, not a member of a family as defined in this chapter,
who is sheltered and/or fed for a fee.
BUILDING
A structure having a roof supported by columns, walls or
similar structural parts, used or intended to be used for the housing,
enclosure or shelter of persons, animals or property of any kind.
BUILDING LINE
The line parallel to the front lot line beyond which the
enclosed portion of the building shall not project.
BUILDING COVERAGE
The horizontal area measured from the exterior walls of all
principal and accessory buildings on a lot. For a residential property,
"building coverage" shall specifically include any attached or detached
garage, as well as any other principal and accessory building.
[Added 9-9-2020 by Ord.
No. 2020-06]
CELLAR
A portion of a building having at least half its clear height
below the average grade of the adjoining ground.
CHAIN LINK FENCE
A fence composed of coated or uncoated metal wire.
[Added 11-8-1999 by Ord. No. 18-99]
CORNER LOT
A lot at the junction of and having frontage on two or more
intersecting streets.
CUL-DE-SAC
A street without an outlet at one end, sometimes referred
to as a "dead-end street."
CURB or CURB LEVEL
The elevation of the street grade as fixed by Borough authorities,
or, in the absence of an established grade, the mean level of the
existing curb or lot at the street line.
DORMER
A projection from a sloping roof which contains a window.
[Added 9-29-1986 by Ord. No. 1031]
DRIVE-IN RESTAURANT
(1)
Any establishment for the service of food and
beverages, commonly known as a "car hop," "snack bar," "dairy bar,"
"hamburger stand," "hot dog stand" or "pizza stand," the operation
of which consists of the service of food and beverages to the customers
of the establishment for their immediate consumption at counters,
stools or bars outside the confines of the structure in which the
business is conducted or for consumption in vehicles parked upon the
premises, whether such food and beverages are delivered to the vehicles
by the customers or by personnel employed by the operator. An establishment
for the service of food and which contains seating facilities for
the service of food and beverages within the confines of the structure
in which the business is conducted shall nevertheless be deemed to
be a drive-in restaurant if the operation of the business substantially
consists of the service of food and beverages for immediate consumption
outside the structure as hereinabove set forth.
(2)
Any establishment for service of food and beverages
from which customers present at the premises can purchase food and
beverages without physically entering the main structure in which
the establishment is located.
DWELLING or DWELLING UNIT
A building or portion thereof designed or used as the residence
of a family with cooking, living, sanitary and sleeping facilities.
EMERGENCY STANDBY GENERATOR
A fuel-powered machine or device that generates electricity
that is permanently connected to the electrical system of a structure
and primarily operates in the event of a power outage in order to
provide backup power. In the event of a power outage emergency standby
generators automatically turn on, or are switched on by the owner
and supply power. Once utility power is restored, the generator automatically
transfers the electrical load back to the utilities, or is manually
switched off and power is turned back to the utilities. Emergency
standby generators are also operated occasionally for maintenance
purposes. Emergency standby generators require approval from the Borough
of Leonia Building Department prior to installation and use.
[Added 12-18-2017 by Ord.
No. 2017-20]
EXTERIOR AIR CONDITIONING UNIT
A machine or device that is utilized for the purpose of cooling
a structure that is permanently connected to the electrical system
of a structure and which is installed on the ground adjacent to exterior
of the structure.
[Added 12-18-2017 by Ord.
No. 2017-21]
FAMILY
A group of individuals, not necessarily related by blood,
marriage, adoption or guardianship, living together on a relatively
permanent basis in a dwelling unit as a single housekeeping unit.
For purposes of this chapter, "family" does not include any society,
club, fraternity, sorority, association, lodge, federation, or like
organizations, or any group of individuals who are in a group living
arrangement as a result of criminal offenses.
[Amended 9-27-1999 by Ord. No. 13-99; 11-1-2010 by Ord. No.
13-10]
FENCE
Any substantially vertical structure regardless of material
composition, but excluding vegetative, stone, cement, concrete block
or brick whether supported by a foundation, footing, pilings, stake,
post, aboveground member or be self-supporting, intended as a barrier
to prevent escape or intrusion to mark a boundary, or the proximity
thereof, to ensure privacy or to act as a support for vegetation.
[Amended 9-27-1999 by Ord. No. 13-99]
GASOLINE SERVICE STATION
A building or premises in which or upon which is conducted
a business involving the retail sale and direct delivery to motor
vehicles of gasoline and lubricating oil regardless of any other business
on the premises, which business may or may not include facilities
for lubricating or otherwise servicing motor vehicles, but not including
facilities for body repair work or painting.
HABITABLE ROOM
A room or enclosed floor space arranged for living, eating
or sleeping purposes, not including bathrooms, water closet compartments,
laundries, pantries, foyers, hallways, cellars and other accessory
floor spaces.
HABITABLE ROOM, MINIMUM HEIGHT
A clear height from finished floor to finished ceiling of
not less than 7 1/2 feet, except that in attics and top half-stories
the height shall be not less than 7 1/3 feet over not less than
1/3 the area of the floor when used for sleeping, study or similar
activity.
HEIGHT
In Districts A and B, height shall be determined pursuant to §§
290-8A and
290-20D(1). "Height" shall be the vertical distance measured from the average original grade around the building to the highest point, provided that no part of the building shall be higher than 40 feet to any one point. In all other districts, the permitted height of the building shall be as determined pursuant to the district regulations and shall be measured to the average grade to the highest point of the building plus eight feet to accommodate rooftop appurtenances, including rooftop stairs, solar panels, chimneys, HVAC equipment or elevator shafts.
[Amended 9-9-2020 by Ord. No. 2020-06]
HOME OCCUPATION
Any activity carried out for gain by a resident and conducted
in the resident's dwelling unit.
[Added 5-1-2023 by Ord. No. 2023-05]
HOME PROFESSIONAL OFFICE
A home occupation consisting of the office of a practitioner
of a recognized profession.
[Added 5-1-2023 by Ord. No. 2023-05]
HOTEL or MOTEL
A building used for the shelter and accommodation of more
than two transient or permanent guests for profit.
LIVING FLOOR AREA
The area of all floors contained within the interior faces
of walls of a dwelling computed by using the interior walls of such
dwelling, excluding basement and cellar floors, unenclosed and unheated
porches, patios, breezeways, terraces, garages and any area having
a headroom of less than 7 1/2 feet, exclusive of areas used in
common. The term "floor area" when applied to nonresidential uses
shall mean the area of all floors of a building computed by using
the exterior walls of such building, excluding basement and cellar
floors.
LOT
A separate parcel of land, the location, dimensions and boundaries
of which are determinable from official records.
LOT AREA
The total square unit contents included within lot lines.
LOT COVERAGE
All parts of a lot that are covered by buildings, parking
areas, driveways, pools, walkways, paved, ancillary surfaces such
as patios and tennis courts, as well as decks and any other impervious
surfaces, with the exception of retaining walls.
[Added 9-9-2020 by Ord.
No. 2020-06]
LOT DEPTH
A horizontal distance between the front lot line and rear
lot line, measured perpendicular or radial to the front lot line at
the midpoint of the lot frontage to the furthest distance thereof
or taken as the average of three measurements, one taken at each corner
and one taken at the mid-point for irregularly-shaped parcels.
[Added 9-29-1986 by Ord. No. 1031]
LOT LINE
The line of demarcation between public and private properties
or between adjoining private properties.
NEIGHBORHOOD
Those lots of land situated within a radius of 500 feet in
all directions from the exact midpoint of the tract to be subdivided.
[Amended 5-13-1985 by Ord. No. 1008]
NEIGHBORING BUILDINGS
In relation to the premises with respect to which a building
or structure is sought to be erected, constructed, placed, altered
or enlarged, a building or structure shall be deemed to be a "neighboring
dwelling house, building or structure" if the lot or lots upon which
it or any part of it has been or will be located are one of the following:
(1)
Any buildable lot on the same side of the street
upon which the building or structure to be located on said premises
would front which is the first, second, third or fourth lot next along
said street in either direction from said premises, without regard
to intervening street lines.
(2)
Any buildable lot, any part of the street line frontage of which is directly across a street from said premises or from any lot referred to in Subsection
(1) above.
NONCONFORMING USE
A use of any building, structure or land which existed prior
to the passage of this chapter and which use does not conform with
the regulations of the district in which it is located.
PARKING AREA
An open area other than a street or other public way used
for the parking of motor vehicles and available for use as a service
or privilege to clients, customers, suppliers or the general public.
PARKING SPACE
The parking area for the parking of one motor vehicle. Such
a parking space shall have an area of not less than 200 square feet,
exclusive of access drives or aisles, and shall be a minimum of 10
feet in width measured perpendicular to the axis of the length.
PERSON
An individual, a partnership, a fiduciary, corporation or
association.
PLACE OF WORSHIP
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
[Added 12-15-1997 by Ord. No, 17-97]
PORTABLE GENERATOR
A fuel-powered machine or device that generates electricity
that is not permanently connected to a building's electrical system,
uses a self-contained fuel source and is portable for storage. Portable
generators may be utilized without prior approval from the Borough
of Leonia Building Department.
PREMISES
A lot, including any buildings or structures thereon.
PRIVATE GARAGE
A detached accessory building or a portion of the principal
building, accessory to a dwelling, intended for the storage of not
more than three passenger vehicles owned or used by a resident of
the premises and in which not more than one commercial vehicle having
a rated capacity of not more than 3/4 ton owned or used by a resident
of the premises may be stored.
SATELLITE ANTENNA
Any apparatus which is designed for the purpose of receiving
and transmitting television, radio, microwave satellite, or similar
signals, with the exception of conventional television antennas.
[Added 4-7-1986 by Ord. No. 1020]
SENIOR CITIZEN HOUSING DEVELOPMENT
One or more dwelling units intended and specifically designed
to provide well-constructed and adequate housing for persons 62 years
of age or older ("senior persons"). One person under the age of 62
may reside in a dwelling unit with a senior person or persons if the
presence of such person is essential to the physical care or economic
support of the senior person or persons. Each dwelling unit shall
consist of complete living accommodations, including cooking facilities,
sleeping accommodations and individual bathroom facilities.
[Added 8-21-2006 by Ord. No. 13-06]
SENIOR PERSON
A person age 62 years or older.
[Added 8-21-2006 by Ord. No. 13-06]
SINGLE OWNERSHIP
Ownership by one person or by two or more persons jointly
of a separate lot, not adjoining land in the same ownership.
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which
converts solar energy into usable electrical energy, heats water or
produces hot air or other similar function through the use of solar
panels.
[Added 12-18-2017 by Ord.
No. 2017-22]
SOLAR PANELS
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of solar energy system.
[Added 12-18-2017 by Ord.
No. 2017-22]
STORY
That portion of a building included between any floor and
the floor or ceiling next above, but not including a cellar as defined
in this chapter.
STREET LINE
The line dividing a public street from a private lot, and,
unless otherwise indicated, it means the street line at the front
of a lot, that is, the front lot line.
STRUCTURE
An assembly of materials forming a construction for occupancy
or use, including but not limited to, among others, buildings, stadiums,
gospel and circus tents, reviewing stands, platforms, stagings, observation
towers, radio towers, water tanks, trestles, piers, wharves, open
sheds, coal bins, shelters, fences and display signs.
SUBJECT STREET
The street upon which the tract to be subdivided fronts.
TOPSOIL
Any soil that, in its natural state, constitutes the top
layer of earth and is composed of 2% or more, by weight, of organic
matter and has the ability to support vegetation.
TRACT
The lot or lots, under single ownership, which are proposed
for subdivision or resubdivision.
YARDS
(1)
FRONT YARDAn open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the front street property line and the nearest point of the principal structure on the lot.
(2)
REAR YARDAn open space, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest point of the principal structure on the lot.
(3)
SIDE YARDAn open space, unoccupied except by a use as hereinafter specifically permitted, extending between the front yard and the rear yard of a lot and lying between the side lot line and the nearest point of any structure on the lot.