Unless the content otherwise requires, the following definitions
shall be used in the interpretation and construction of this chapter:
A use or structure subordinate to the principal use of a
building on the same lot and serving a purpose customarily incidental
to the use of the principal building.
Any person who can show written proof that he has authority
to act for the property owner.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed
directly to the motor vehicle trade at retail, and where the following
services may be rendered:
Sale and servicing of spark plugs and batteries.
Tire repair and servicing, but no recapping.
Replacement of mufflers and tailpipes, water hose, fan belts,
brake and transmission fluids, light bulbs, floor mats, seat covers
(where this shall not be the principal use), windshield wipers, grease
retainers and wheel bearings.
Radiator cleaning and flushing.
Washing and polishing, not including mechanical and/or automatic
car wash establishments.
Greasing and lubrication.
Installation of fuel pumps and fuel lines.
Motor servicing and replacement of carburetors.
Emergency wiring repairs.
Adjustment and installation of brakes.
Tuning engines, except for grinding valves, cleaning carbon
or removing the head of engines and/or crank case.
Any similar minor service or repair not listed below under "major
repair" upon specific approval by the Board of Adjustment.
MAJOR REPAIRIn addition to those repairs and services listed above as "minor repair," any general repair, rebuilding or reconditioning not listed above; collision service, including body, frame or fender straightening or repair; painting or paint shop; mechanical car wash establishments; but not including any operations which require the heating or burning of rubber.
Bakeries which are permitted in the B-1 Zone only, include
such baking establishments, which manufacture quantities of goods
for retail elsewhere than on the premises.
A story whose floor is more than 12 inches but not more than
1/2 of its story height below the average level of the adjoining ground,
as distinguished from a cellar, which is a story more than 1/2 below
such level. No portion of any "basement" shall be used as a dwelling
unit.
That property abutting on one side of a street and lying
between the two nearest intersecting or intercepting streets or the
nearest intersection; or intercepting street and railroad right-of-way,
park, boundary or waterway.
The Board of Adjustment of the Borough of Bloomingdale.[1]
An enclosed or partially enclosed structure especially designed
for the use, sheltering and storage of private watercraft.
[Added 10-6-2020 by Ord. No. 25-2020]
The Borough of Bloomingdale.
Any structure having a roof supported by columns or walls,
used or intended to be used for the shelter or enclosure of persons,
animals or property, including permanent and temporary carports. When
such a structure is divided into separate parts by one or more unpierced
walls extending from the ground up, each part is deemed a separate
"building," except as regards minimum side yard requirements.
That area of a lot which is directly occupied by a building
or structure, but not including uncovered walkways, steps, patios,
decks, pools, driveways, parking lots or any similar improvements
thereto.
Any building, such as a store group, which is divided into
separate parts by one or more unpierced walls, extending from the
ground up.
Building height in feet shall be measured at the deck line
of a flat or mansard roof, or to the eave line of a sloped roof from
the grade plane. Chimneys, spires, towers, elevator penthouses, tanks,
screened mechanical equipment and architectural features serving no
other functions except that of decoration shall be excluded for the
purpose of calculating building height.
[Amended 5-2-2023 by Ord. No. 16-2023]
The Construction Official of the Borough of Bloomingdale.
A building in which is conducted the principal use of the
building site on which it is situated. In any residential district,
any dwelling shall be deemed to be a "principal building" on the zone
lot on which the same is located.
All parts of the plant Cannabis sativa L., whether growing or not, the seeds thereof, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds, except those containing resin extracted from the plant, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16, for use in cannabis products as set forth in this Act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. “Cannabis” does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.), and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); "marijuana" as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or "marijuana" as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2), and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
[Added 6-22-2021 by Ord.
No. 15-2021; amended 5-3-2022 by Ord. No. 6-2022]
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
[Added 6-22-2021 by Ord.
No. 15-2021; amended 5-3-2022 by Ord. No. 6-2022]
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 6-22-2021 by Ord.
No. 15-2021; amended 5-3-2022 by Ord. No. 6-2022]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
[Added 6-22-2021 by Ord.
No. 15-2021; amended 5-3-2022 by Ord. No. 6-2022]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 6-22-2021 by Ord.
No. 15-2021; amended 5-3-2022 by Ord. No. 6-2022]
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 6-22-2021 by Ord.
No. 15-2021; amended 5-3-2022 by Ord. No. 6-2022]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
[Added 6-22-2021 by Ord.
No. 15-2021; amended 5-3-2022 by Ord. No. 6-2022]
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 6-22-2021 by Ord.
No. 15-2021; amended 5-3-2022 by Ord. No. 6-2022]
Any vehicle other than a private passenger vehicle, including
trucks, trailers and construction equipment.
A person or entity that engages in the production, distribution
and/or sale of food directly to consumers. Said person or entity shall
have a valid cottage food operator permit issued by the State of New
Jersey pursuant to N.J.A.C. 8:24-11.1 et seq. and shall comply with
all applicable laws for retail food establishments.
[Added 3-1-2022 by Ord. No. 2-2022]
The Council of the Borough of Bloomingdale.
Any open, unoccupied area which is bounded by three or more
attached building walls.
A footed, elevated, uncovered man-made structure.
Any portion of the territory of the Borough of Bloomingdale
within which certain uniform regulations and requirements or various
combinations thereof apply under the provisions of this chapter.
An establishment that by design, physical facilities, service,
or packaging procedures encourages or permits customers to receive
services, obtain goods, or be entertained while remaining in their
vehicles.
[Ord. No. 3-2015]
Any building or portion thereof designed or used exclusively
as the residence or sleeping place of one or more persons, except
a mobile home and as otherwise provided herein.
SINGLE-FAMILY DWELLINGA detached building designed for or occupied exclusively by one family and containing not more than one dwelling unit.
TWO-FAMILY DWELLINGA detached or semi-detached building where not more than two individual family or dwelling units are entirely separated by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar.
Any structure which shall contain one or more rooms providing
sleeping and sanitary facilities, not including a hotel, hospital,
nursing home, dormitory, fraternity or sorority house, rooming house,
boardinghouse or similar structure.
One or more rooms, including a kitchen or kitchenette, and
sanitary facilities in a dwelling structure, designed as a unit for
occupancy by not more than one family for living and sleeping purposes.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground
or overhead gas, electric, steam or water transmission or distribution
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, hydrants
and other similar equipment and accessories in connection therewith
reasonably necessary for the furnishing of adequate service by such
public utilities or municipal or other governmental agencies or for
the public health or safety or general welfare, but not including
buildings.
An individual or two or more persons related by blood or
marriage or a group of not more than five persons, excluding servants,
who are not related by blood or marriage living together as a single
housekeeping unit in a dwelling unit.
For the purpose of applying the requirements for on-street/off-street
parking and loading, "floor area," in the case of offices, merchandising
or service types of uses, shall mean the gross floor area used or
intended to be used by tenants or for service to the public as customers,
patrons, clients or patients, including areas occupied by fixtures
and equipment used for display or sale of merchandise. "Floor area"
shall not include areas used principally for nonpublic purposes such
as storage, incidental repair, processing or packaging of merchandise
for show windows, for offices incident to the management or maintenance
of stores or buildings, for toilet or rest rooms, for utilities or
for dressing, fitting or alteration rooms.
A detached accessory building or a portion of the principal
building used only for the storage of motor vehicles by the families
resident upon the premises, provided that, except on farms, such garage
shall not be used for storage of more than one commercial vehicle.
[Amended 6-13-2017 by Ord. No. 14-2017]
A structure or portion thereof, other than a private garage,
used for the storage and hire of automobiles, not including a structure
or part thereof used only for storage or display of automobiles for
other than transients.
Areas Located Outside the Flood Hazard Area. Grade plane
shall be a reference plane representing the average of the finished
ground level adjoining the building at all exterior walls. Finished
grade shall be preconstruction grade on level sites and not in excess
of two feet above the preconstruction grade on the upland side(s)
of a structure on sloping sites. A level site shall be any property
where the change in grade within the building envelope is no more
than 15%. A sloping site shall be any property where the change in
grade within the building envelope is greater than fifteen 15%.
Areas or Portions of the Building Area of a Lot Located Within
the Flood Hazard Area. Grade plane shall be the reference plane which
is the more restrictive of the base flood elevation or the advisory
base flood elevation of the flood hazard area plus three feet.
[Added 5-2-2023 by Ord. No. 16-2023]
A building designed for occupancy as the temporary residence
of individuals who are lodged with or without meals and in which no
provision is made for cooking in any individual room or suite; and
facilities offering transient lodging accommodations to the general
public and which may include additional facilities and services, such
as restaurants, meeting rooms, entertainment, personal services, and
recreational facilities.
[Amended 6-13-2017 by Ord. No. 14-2017]
That portion of a lot which is improved or is proposed to
be improved with principal and accessory buildings or structures or
driveways, paved or otherwise, decks or porches, pools, patios, parking
lots, pedestrian walkways, retaining walls, fences, signs or other
man-made improvements on the ground surface, excluding lawns or other
landscaping improvements.
All animals, including fowl and domesticated animals, which
are not commonly housed inside of residential dwelling units.
A piece or parcel of land occupied or intended to be occupied
by a principal building or a group of such buildings and accessory
buildings, or utilized for a principal use and uses accessory or incidental
to the operation thereof, together with such open spaces as required
by this chapter, and having frontage on a public street.
CORNER LOTA lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135°) degrees. The point of intersection of the street lot lines is the "corner."
LOT DEPTHThe mean horizontal distance between the front and the rear lot lines.
LOT LINESThe property lines bounding the lot.
FRONT LOT LINEThe line separating the lot from a street.
REAR LOT LINEThe lot line opposite and most distant from the front lot line.
SIDE LOT LINEA lot line other than a front or rear lot line. A "side lot line" separating a lot from a street is called a "side street lot line."
STREET OR ALLEY LOT LINEA lot line separating a lot from a street or ally.
LOT WIDTHThe mean width of the lot measured at right angles to its depth.
LOT AREAThe computed area contained within the lot lines.
SUBSTANDARD LOTA lot whose area and/or depth and/or frontage is less than the standard of the zone of which the lot is part.
[Added 6-22-2021 by Ord. No. 13-2021]
A series of attached or semi-detached dwelling structures,
where each unit has convenient access to parking space for the use
of the unit's occupants. The units, with the exception of the manager's
or caretaker's, are designed to provide sleeping accommodations only
for automobile transients or overnight guests.
Any zone lot in single ownership, where the owner of said
lot does not own any adjoining property, the subdivision of which
could create one or more conforming lots, which does not conform with
the minimum area and/or dimensions required in the district where
such lot is situated or for any special use, as the case may be.
A structure or sign the design or size of which does not
conform to the regulations of this chapter for the district in which
it is located.
A building, structure or premises legally existing and/or
used as of December 27, 1960, or any amendment thereto, and which
does not conform with the use regulations of the district in which
it is located.
Any premises where persons are lodged and furnished with
meals and nursing care.
A building comprised of more than 50% offices, as compared
with offices which are permitted in the B-1 Zone and as compared with
home occupations where offices are considered as a secondary or incidental
use.
An open area for the same uses as a private garage and regulated
as a private garage.
An open area, other than a street or other public way, used
for the parking of automobiles and available to the public whether
for a fee, free or as an accommodation for clients or customers.
The Planning Board of the Borough of Bloomingdale.
The office of a member of a recognized profession. When conducted
in a residential district, a "professional office" shall be incidental
to the residential occupation, shall be conducted by a member of the
residential family entirely within a residential building and shall
include only the offices of doctors or physicians, dentists, optometrists,
ministers, architects, landscape architects, professional engineers,
lawyers, artists, authors, musicians and such other similar professional
occupations which may be designated by the Board of Adjustment upon
a finding by the Board that such occupation is truly professional
in character by virtue of the need for similar training and experience
as a condition for the practice thereof and that the practice of such
occupation shall in no way adversely affect the safe and comfortable
enjoyment of property rights in any zone to a greater extent than
for the professional activities listed herein. The issuance of a State
or local license for regulation of any gainful occupation need not
be deemed indicative of professional standing.
COMMERCIAL RECREATIONRecreation facilities operated as a business and open to the general public for a fee.
PRIVATE, NONCOMMERCIAL RECREATIONClubs or recreation facilities operated by a nonprofit organization and open to bona fide members of such nonprofit organization.
PUBLIC RECREATIONRecreation facilities operated as a nonprofit enterprise by the Borough of Bloomingdale, any other governmental entity or any nonprofit organization and open to the general public.
A street, between two intersecting streets, upon which a
residential district abuts or where 50% or more of the abutting street
frontage is in predominantly residential use.
A building containing a single dwelling unit and rooms for
the rooming and/or boarding of at least three persons, but not more
than 25 persons, by prearrangement for definite periods of not less
than one week.
Any detached dwelling designed or used for occupancy primarily
during the summer months by not more than one family.
A name, identification, description, display or illustration
which is affixed to or painted or represented directly or indirectly
upon a building, structure or piece of land and which directs attention
to an object, place, activity, person, institution, organization or
business. However, a "sign" shall not include any display of official
court or public office notices or any official traffic control device,
nor shall it include the flag, emblem or insignia of a nation, state,
county, municipality, school or religious group. A "sign" shall not
include a sign located completely within an enclosed building except
for illuminated or animated signs within show windows. Each display
surface of a sign shall be considered to be a "sign."
A sign which directs attention to a business or profession
conducted or to a commodity, service or entertainment sold or offered
upon the premises where such sign is located or to which it is affixed.
Any illuminated sign on which the artificial light is not
maintained stationary or constant in intensity and color at all times
when such sign is in use. For the purpose of this chapter, any revolving,
illuminated sign shall be considered a "flashing sign."
The entire area within a single continuous perimeter enclosing
the extreme limits of such and in no case passing through or between
any adjacent element of same. However, such perimeter shall not include
any structural or framing elements lying outside the limits of such
sign and not forming an integral part of the display.
A use which because of its unique characteristics requires individual consideration in each case by the Board of Adjustment and/or the Planning Board, as specified in Article VIII, Administration and Enforcement, before it may be permitted in the district enumerated in Article XII, Schedule of Regulations. In accordance with the provisions of this chapter, the Planning Board may require certain conditions and safeguards before such a use is permitted.
That portion of a building included between the surface of
any floor and the 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.
[Amended 1-24-2017 by Ord. No. 2-2017]
HALF-STORYA partial story under a roof which has the line of intersection of the roof and the wall face not more than three feet above the floor level and in which space the floor area with headroom of five feet or more occupies no less than 40% and no more than 80% of the area of the floor directly beneath. Where such floor area occupies less than 40% it shall be considered an attic, Where it occupies more than 80% is shall be considered a story. Dormers are included in determining the story status. (Amended 1-24-2017 by Ord. No. 2-2017)
FIRST STORYThe lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building.
A public or private thoroughfare not less than 30 feet in
width if in existence prior to December 27, 1960, nor less than 50
feet in width if established subsequent to December 27, 1960, which
affords the principal means of access to abutting property, including
avenue, place, way, drive, land, boulevard, highway, road and any
other thoroughfare except an alley.
SIDE STREETAny street the length of which shall be not more than 50% of the length of the largest street line of the city blocks of which it is a part.
Any change in the structural members of a building, such
as walls, columns, beams or girders.
Anything constructed the use of which required permanent
location on the ground or attachment to something having permanent
location on the ground, including stationary carports.
A departure to a minor degree from the terms of this chapter
in direct regard to a hardship peculiar to an individual lot in accordance
with the procedures set forth therefore in this chapter, which departure
is authorized by the Board of Adjustment.
An open space, as may be required by this chapter, of uniform
width or depth on the same lot with a building or a group of buildings,
which open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward except as herein permitted.
FRONT YARDAn open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
REAR YARDAn open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward except as elsewhere in this chapter.
SIDE YARDAn open space extending from the front yard to the rear yard between a building and the nearest side lot line, unoccupied and unobstructed from the ground upward except as specified elsewhere in this chapter.
The Zoning Map of the Borough of Bloomingdale together with
all amendments subsequently adopted. The current Zoning Map can be
found on file in the Borough Offices.[2]
[1]
Editor's Note: The Board of Adjustment was abolished by Ord.
No. 43-2006 and all rights, powers and duties transferred to the Planning
Board. Reference herein to the Board of Adjustment or Zoning Board
of Adjustment shall be deemed to refer to the Planning Board acting
as the Zoning Board of Adjustment.
[2]
Editor's Note: See also the Borough of Bloomingdale website.
