This chapter shall be known and may be cited and referred to as the "Comprehensive Revised Montvale Zoning Ordinance, Revision of 1975."
A. 
This chapter is adopted pursuant to the provisions of Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., and the amendments thereof and supplements thereto, and for the purposes set forth therein.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
In addition to the foregoing, it is the express and stated purpose of this chapter to permit and encourage, in the areas as hereinafter set forth, the class of uses that will:
(1) 
Conserve the value of property.
(2) 
Achieve optimum utilization of areas devoted to the use herein set forth by the substantial exclusion therefrom of such incongruous uses as residential, retail business, commercial and the like in certain specified areas as hereinafter provided.
(3) 
Provide employment for the labor supply that is resident in the Borough and vicinity.
(4) 
Yield a fair and reasonable share of revenue, which revenue is essential to provide adequate and efficient business facilities and governmental services that are required for the most beneficial use of land in the Borough, and for the purpose of encouraging the most appropriate use of land throughout the Borough; such uses to be located in districts established in accordance with the Comprehensive Plan of land use as hereinafter prescribed in this chapter so that there will be:
(a) 
A harmonious relationship between such uses in adjacent districts, especially those that are residential or commercial in character.
(b) 
No detrimental effect of any such uses on other uses in the district.
(c) 
A satisfactory relationship between the operation of such uses and access thereto with existing and prospective roads and highways of the Borough as set forth in the Master Plan of the Borough.
(5) 
Promote the conservation of historic sites and districts, open space, energy resources and valuable natural resources and prevent urban sprawl and degradation of the environment through improper use of land.
[Added 2-11-1997 by Ord. No. 97-1051]
It is the intent of this chapter to codify all of the Zoning Ordinances of the Borough of Montvale, which codification includes Ordinance No. 374, as adopted by the Mayor and Council of the Borough of Montvale on August 12, 1953, and the amendments and supplements thereto, and it is further the purpose of this chapter to amend and supplement this chapter in certain particulars to more logically and accurately set forth the true intent and meaning of the Zoning Ordinance of the Borough of Montvale and, where required, make the necessary amendments and supplements to said ordinance.
If any section, subsection, paragraph, subdivision, sentence, clause, phrase or provision of this chapter shall, for any reason, be held unconstitutional or invalid, such adjudication shall apply only to the section, subsection, paragraph, subdivision, sentence, clause, phrase or provision so adjudged, and the remainder of the chapter shall be deemed valid and effective.
All ordinances and parts of ordinances of the Borough of Montvale that conflict with this chapter and Ordinance No. 477 introduced on September 8, 1964, and finally passed on October 13, 1964, which ordinances codify this chapter of the Borough of Montvale, are hereby repealed to the extent that they conflict herewith except as to the provisions herein reserved to the Mayor and Council. Whenever provisions of this chapter are laid down in the Sanitary Code, Building Code or other ordinances of the Borough of Montvale, the more restrictive restrictions of said code or ordinance shall remain in effect.
This chapter shall take effect immediately after passage and publication according to law.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of public health, safety, convenience, prosperity and general welfare.
A. 
Tenses. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "plot" includes the word "lot"; the word "building" includes the word "structure"; the word "occupied" includes the words "designed or intended to be occupied"; the word "used" includes the words "arranged, designed or intended to be used"; the word "shall" is always mandatory.
B. 
Terms defined. Certain words in this chapter are defined for the purpose thereof as follows:
ACCESSORY STRUCTURE OR BUILDING
A structure detached from a principal building located on the same lot, with the use being incidental or subordinate to the principal building or use.
[Amended 10-14-2003 by Ord. No. 2003-1202]
ACCESSORY USE
One ordinarily incidental to the principal use of a building, whether located within the principal structure or building or within an accessory structure or building, or within the yard of the same lot as the principal use.
[Amended 1-31-2012 by Ord. No. 2012-1350]
AFFORDABLE
A sales price or rent within the means of a low- or moderate-income household as defined in N.J.A.C. 5:93-7.4.[1]
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
AFFORDABLE HOUSING OVERLAY DISTRICT
A zoned area of a municipality in which low- and moderate-income housing may be built as a matter of right in addition to another use. The existing use within the district may continue and expand as a conforming use in conformance with the provisions of the underlying district, but provided that when the prior use in the district is changed, the site shall produce low- and moderate-income housing or provide a payment in lieu of providing affordable housing on site as specified herein.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
AFFORDABLE HOUSING PLANNED UNIT DEVELOPMENT
An area of a minimum contiguous or noncontiguous acreage of 25 acres or more, to be planned as a single entity, although potentially to be developed by separate developers, one of which may be a public entity or nonprofit entity, containing one or more residential clusters and one or more commercial areas in such ranges of nonresidential uses to residential uses as shall be specified in this chapter and as authorized in N.J.S.A. 40:55D-65c.
[Added 4-30-2013 by Ord. No. 2013-1374]
ALTERNATIVE LIVING ARRANGEMENT
A structure in which households live in distinct bedrooms, yet share kitchen and plumbing facilities, central heat and common areas. Alternative living arrangement includes, but is not limited to: transitional facilities for the homeless; Class A, B, C, D and E boarding homes as regulated by the State of New Jersey Department of Community Affairs; residential health care facilities as regulated by the New Jersey Department of Health; group homes for the developmentally disabled and mentally ill as licensed and/or regulated by the New Jersey Department of Human Services; and congregate living arrangements.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
ANCHOR RETAIL STORE
A supermarket, and/or a maximum of four lifestyle retail uses, as defined below, located in a single building, with a gross floor area of not less than 60,000 square feet. A supermarket may include: the sale of fresh produce, prepared and pre-prepared foods for on- or off-site consumption, baked goods, cheese, meat, groceries, beer, wine, liquor, household items, flowers, gifts, cosmetics and pharmaceutical goods, and in which the following goods may also be sold, provided that the total floor area devoted to such goods shall not exceed 20% of the gross floor area: clothing, furniture, sporting goods, auto parts, tires and batteries, home and garden supplies, televisions, computer and video games, sporting goods, pool supplies and equipment, and pet supplies.
[Added 4-30-2013 by Ord. No. 2013-1374]
ASSISTED LIVING RESIDENCE
A residential health care facility which is licensed by the State of New Jersey Department of Health to provide housing with congregate dining and a coordinated array of supportive personal and health care services, available 24 hours a day to elderly and/or handicapped residents unrelated to the proprietor. Each unit in an assisted living residence shall, as part of the living quarters, include a private bathroom, kitchenette and lockable entrance doors. Common dining, recreational and laundry facilities, housekeeping and maintenance services, personal and health care services and community and administrative facilities and services, all in support of and for the sole benefit of the residents of the facility, shall be considered customary accessory uses to an assisted living residence.
[Added 2-28-2017 by Ord. No. 2017-1423; amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
BASEMENT
A story partly above grade level having more than 1/2 of its floor-to-ceiling height above the average level of the adjoining ground.
[Added 6-10-1980 by Ord. No. 80-716]
BERM
Includes any elevation of the natural grade by means of grading, regrading or the deposit of soil, stone or rock, or any combination thereof, intended to form a mound, shelf, ledge, barrier or buffer.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
BIG-BOX GENERAL RETAIL STORE
A retail store with a gross floor area of 60,000 square feet or more in which the general merchandise, including, but not limited to, the following, comprises over 20% of the gross floor area: toys, clothing, sporting goods, automotive supplies, electronics, appliances, home and garden supplies, pool supplies and equipment, discount dollar items, bedding, photo processing, a portrait studio, cell phone sales, a bank, pet shop, video rental, hair and/or nail salon, hardware, jewelry, banks and fast-food outlets.
[Added 4-30-2013 by Ord. No. 2013-1374]
BUFFER AREA
Land area or areas used to visibly separate one use from another or to shield or block noise, lights or other nuisance elements and to ensure privacy.
[Added 7-13-1993 by Ord. No. 93-951; amended 8-9-1994 by Ord. No. 94-974; 9-9-2008 by Ord. No. 2008-1291]
(1) 
Where wooded, buffer areas shall be kept in their natural state. When natural vegetation is sparse, plant material at least six feet in height and a solid or tightly woven fence may be required by the Planning Board in order to provide a year-round visual screen. Planting shall be placed in suitable locations in the buffer area as may be required by the Planning Board.
(2) 
Except for underground utility easements, which shall be permitted, no principal or accessory structure, other than as may be provided herein, nor any off-street parking or loading areas or other principal or accessory uses shall be permitted within buffer areas. The Planning Board, upon specific findings or reasons therefor, may permit a portion of the buffer area to be used for utility easements or driveways to ensure access to or from a principal roadway in a manner that is consistent with the definition of "buffer area" herein.
(3) 
Where the extension of a utility or a street extends into a mandatory buffer area, said utility or street shall, to the extent possible, be located perpendicular to the property line adjoining the buffer areas and shall disturb the buffer area to the minimum extent possible.
BUILDING HEIGHT
The vertical distance between the average ground elevation around the foundation of the building and the elevation of the highest point of the building if the roof is flat or, in the case of sloping roofs, to a point 1/2 the distance between the rafter plate and the uppermost point of the roof, inclusive of any parapet, structure, apparatus or equipment included on top of the roof, except as permitted per § 400-46. For purposes hereof, "ground elevation" shall mean the elevation of the property in its undeveloped state or, if a new elevation has been approved by the Planning Board in connection with an application for development, such new elevation.
[Amended 6-10-1980 by Ord. No. 80-716; 3-11-1997 by Ord. No. 97-1052; 1-31-2012 by Ord. No. 2012-1350]
BUILDING LINE
The setback line as required by this chapter or as shown on maps approved by the Borough Council and filed in the County Clerk's office.
CELLAR
A story having more than 1/2 of its floor-to-ceiling height below the average level of the adjoining ground.
[Added 6-10-1980 by Ord. No. 80-716]
CERTIFIED HOUSEHOLD
A household determined to be income eligible for a low- or moderate-income housing unit by Montvale after the Borough has verified the household's gross annual income, credit history and compared the household's family size to the occupancy requirements delineated in N.J.A.C. 5:93-9.1(b)14.[2]
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
CHURCH, TEMPLE, HOUSE OF WORSHIP
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 education facilities and social facilities primarily for use or benefit of members of the religious congregation.
[Added 6-14-2016 by Ord. No. 2016-1416]
CORNER LOT
A lot which has a frontage on more than one intersecting street or other public open space through which there is permanent access to the lot.
[Amended 11-10-1981 by Ord. No. 81-740]
COURT
A required open, unoccupied area, other than a yard, on the same lot with a building.
DEPTH OF LOT
The distance between the front and rear lot lines measured perpendicularly to the front building line along the axis of the lot.
DINNER THEATER
(1) 
A venue that combines a restaurant-style meal and/or drinks with either:
(a) 
A movie; or
(b) 
A live performance.
(2) 
Live performances include musical acts, theatrical acts (including stand-up comedy), plays or any combination of these, or similar activity performed live by one or more persons. This does not include adult entertainment.
[Added 12-11-2017 by Ord. No. 2017-1436]
DISCOUNT/DOLLAR STORE
A retail store that sells a wide range of inexpensive household goods, which may include product lines such as food and drink, personal hygiene products, small home and garden tools, office supplies, decorations, electronics, garden plants, toys, pet supplies, books, recorded media and motor and bike consumables. This type of store often sells many items for the price of $1.
[Added 12-11-2017 by Ord. No. 2017-1436]
EDUCATIONAL OFFICE
A room or group of rooms used for conducting corporate training, which is generally furnished with desks, tables and communication equipment.
[Added 12-11-2017 by Ord. No. 2017-1436]
EXPRESS RETAIL STORE
A retail store of a smaller version of the large-scale retail store engaged in selling goods and/or services.
[Added 12-11-2017 by Ord. No. 2017-1436]
FAMILY
One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit, who are living together as a bona fide, stable and committed living unit, being a traditional family unit or the functional equivalent thereof, exhibiting the generic character of a traditional family.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
FITNESS CENTER
A facility that provides physical fitness, sports and recreational programs and activities, including, but not limited to, the use of weight-lifting equipment, running and aerobic exercise equipment, game courts, indoor and outdoor swimming pools, chiropractic, physical therapy and massage services, day camps, wellness assessment, and fitness classes and programs. The permitted accessory structures and uses for fitness centers shall be as follows: indoor and outdoor playgrounds; indoor and outdoor sale of food and beverages; retail sale of health- and fitness-related items; salons; child activity centers; nutritional centers; saunas, steam rooms, whirlpool baths, spas, showers, lockers and similar uses; water slides; membership sale offices and preview centers, and all other customary and incidental uses of a fitness center.
[Added 1-31-2012 by Ord. No. 2012-1350]
FLOOR AREA
For the purpose of this chapter, the aggregate area of all floors, using the outside wall dimensions of all buildings, including the basement and cellar area. To the extent that the basement space within a building is used for mechanical equipment such as heating and ventilating apparatus or dead storage and is not devoted to the principal use of the building or to the extent that the on-grade level or basement or cellar levels of a parking garage are devoted to off-street parking, such floor areas, including aisles, ramps and maneuvering space, shall be excluded.
[Amended 1-31-2012 by Ord. No. 2012-1350]
FLOOR AREA RATIO
The maximum permitted floor area of all buildings on a lot, expressed as a percentage of the total lot area.
FRONT YARD
A required open, unoccupied space within and extending the full width of the lot between the front property line and the main front wall of the building or projection of more than 18 inches therefrom. On corner lots, a front yard shall be provided on each adjoining street frontage.
HOTEL
A building containing units, each having its only access from an interior corridor, designed and intended to be used as overnight sleeping accommodations for transient guests, which building has a public lobby and full-time management serving the guests and which may contain accessory uses, including, but not limited to, restaurants, sundry shops, convenience shops, or other similar shops, boutiques, spas, salons, post office services, recreational facilities, fitness centers, meeting rooms and indoor and outdoor swimming pools or any other similar accessory uses.
[Added 1-31-2012 by Ord. No. 2012-1350]
HOUSING REGION
The northeast region as designated by the New Jersey Council on Affordable Housing, including the Counties of Bergen, Hudson, Passaic and Sussex in the State of New Jersey.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
IMPERVIOUS SURFACE
Any material that prevents absorption of stormwater into the ground. Impervious surfaces include, for example, but are not limited to paved driveways, curbs, sidewalks, entranceways, pads or platforms for heating, ventilation and air-conditioning equipment, as well as gravel driveways, pavers or patios. Improvements that shall be excluded from being counted towards the maximum permitted impervious surface shall include approved surface detention or retention basins, subsurface sewer drainage or utility lines, swimming pools, ponds or fountains, as well as exceptions as set forth in § 400-59D and E.
[Added 10-11-2005 by Ord. No. 2005-1245; amended 1-31-2012 by Ord. No. 2012-1350]
INCLUSIONARY DEVELOPMENT
A development containing low- and moderate-income units.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
INDOOR RECREATION
A recreational land use conducted entirely within a building, including but not limited to an arcade, rock climbing, bowling alley, community center, gymnasium, swimming pool or tennis courts.
[Added 5-29-2018 by Ord. No. 2018-1452]
INNER COURT
A required open, unoccupied space within the walls of the building and entirely surrounded by the building.
INSTRUCTIONAL
Uses for the teaching and practice of dance, drama, art, language, martial arts, music, aerobics, sports, fitness, photography and the like. These uses may, from time to time, hold group events, such as birthday parties. This definition shall not include public or private schools.
[Added 12-11-2017 by Ord. No. 2017-1436]
INTERIOR LOT
A lot fronting on one street only.
LIFESTYLE RETAIL USES
Retail uses combining specialty or comparative shopping with restaurants and entertainment facilities in an open-air shopping center that draws shoppers from a regional trade area, inclusive only of those uses listed as permitted in § 400-37C(2)(b).
[Added 4-30-2013 by Ord. No. 2013-1374]
LOT
A parcel of land, the location, dimensions and boundaries of which are determined by the latest official record on the Borough Assessment Map, and occupied or intended to be occupied by one building or one unit group of buildings and its accessory buildings and uses, and including such open spaces as required by this chapter.
LOT LEVEL
The mean or average level of the building area.
LOW-INCOME HOUSEHOLD
A household whose gross household income is no greater than 50% of the median income for households of the same size within the housing region.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
MARKET-RATE UNITS
Housing within an inclusionary development, not restricted to low- and moderate-income households, that may sell at any price determined by a willing seller and a willing buyer.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
MAXIMUM BUILDING COVERAGE
The maximum area of a lot permitted to be covered by a building or buildings. The horizontal projected area of the building and its accessory roofs or porches or similar extension of the building shall be considered parts of the building coverage. Any eave or similar projection in excess of 18 inches shall be considered a part of the building for the computation of building coverage and the distance to the property line.
[Amended 1-31-2012 by Ord. No. 2012-1350]
MAXIMUM LOT COVERAGE
The maximum area of the lot permitted to be covered by any buildings as defined in "maximum building coverage" and other impervious surfaces.
[Amended 6-10-1980 by Ord. No. 80-716; 12-14-1999 by Ord. No. 99-1136; 10-11-2005 by Ord. No. 2005-1245; 1-31-2012 by Ord. No. 2012-1350]
MODERATE-INCOME HOUSEHOLD
A household whose gross household income is in excess of 50%, but less than 80%, of the median regional income for households of the same size within the housing region.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
MULTILEVEL PARKING GARAGE
A building or structure consisting of more than one level or story and used for the parking of motor vehicles.
[Added 1-31-2012 by Ord. No. 2012-1350]
NONCONFORMING BUILDING OR USE
One that does not comply with the regulations of this chapter for the district in which it is located at the time of the passage of this chapter.
NURSING HOME or CONVALESCENT HOME
Any home, house or other place conducted or maintained by any person or entity which is advertised or held out by such person or entity as a rest home, hospital, or sanitarium where one or more persons are cared for or attended during a convalescent period or the attending of the aged. This term shall not include an assisted living residence as that term is defined herein.
[Added 2-28-2017 by Ord. No. 2017-1423]
OFF-STREET PARKING
A surfaced area designed for parking motor vehicles and including accessways.
OUTER COURT
A required open, unoccupied space other than a yard on the same lot with a building.
PARKING SPACE
A space for the parking of a motor vehicle within a public or private parking area or parking garage.
[Amended 1-31-2012 by Ord. No. 2012-1350]
PERSONAL SERVICE ESTABLISHMENT
Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Personal service establishments include, but are not limited to, cleaning and garment services, clothing rental, carpet and upholstery cleaning, photograph studios, beauty shops, barbershops, tailors, travel agents, shoe repair, funeral services and domestic services.
[Added 5-29-2018 by Ord. No. 2018-1452]
PRICE DIFFERENTIAL
In regard to affordable housing, the difference between the controlled unit sale and the fair market value as determined at the date of a proposed contract of sale, after reasonable real estate broker fees have been paid.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
PRIORITY
A system of selecting low- and moderate-income household applicants for occupancy in affordable housing developments.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
PRIVATE GARAGE
A garage used solely for the parking or storage of motor vehicles of the occupants of the premises upon which it is located, and in which no business, commercial service or industry connected with motor vehicles is carried on.
[Amended 1-31-2012 by Ord. No. 2012-1350]
PROPERTY LINE OR LOT LINE
The dividing line between a lot and a street, public open space or adjoining lot.
[3]
PUBLIC UTILITY
A publicly regulated enterprise with a franchise for providing to the public a utility service deemed necessary for the public health, safety and welfare.
[Added 9-9-2008 by Ord. No. 2008-1291]
PUBLIC UTILITY CONDUIT
Poles, lines, wires, mains, pipes or other conduits transmitting or transporting utility services such as electric, gas, telephone, water, sewer, cable and internet to the public.
[Added 9-9-2008 by Ord. No. 2008-1291]
PUBLIC UTILITY FACILITY
Buildings and facilities, including generating and switching stations, pumping stations, repeaters, antennas, transmitters and receivers, valves, and all buildings relating to the furnishing of utility services, such as electric, gas, telephone, water, sewer, cable and internet, to the public, not including satellite dish antennas which are subject to regulations set forth in § 400-83 of this chapter.
[Added 9-9-2008 by Ord. No. 2008-1291]
REAR LOT LINE
The lot line opposite to the street line. In the case of a corner lot, the rear lot line may be elected by the owner as either of the two interior lot lines. On any plans filed with the Building Inspector, the owner shall designate the rear lot line.
REAR YARD
An open space, except for permitted accessory buildings, on the same lot with the main building and situated between the rear wall of the building or projection therefrom in excess of 18 inches and extended to the sidelines of the lot and the rear line of the lot.
RECEIVING MUNICIPALITY
For purposes of regional contribution agreement (RCA), a municipality which agrees to assume a portion of Montvale's fair share obligation.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
REGIONAL CONTRIBUTION AGREEMENT (RCA)
The transfer pursuant to N.J.S.A. 52:27D-312 of a specified portion of Montvale's fair share obligation to a receiving municipality within the housing region by means of a contractual agreement into which Montvale and the receiving municipality voluntarily enters.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
RESIDENTIAL CLUSTER
A contiguous or noncontiguous area to be developed as a single entity according to a plan containing residential housing units which have common or public open space area as an appurtenance.
[Added 2-9-1997 by Ord. No. 99-1115]
SCHOOL
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. Colleges, universities, technical training facilities and the like are not schools.
[Added 6-14-2016 by Ord. No. 2016-1416]
SCHOOL, BOARDING
A school where most or all of the students live on site during the semester. Meals are typically provided to the boarders as well.
[Added 6-14-2016 by Ord. No. 2016-1416]
SIDE YARD
A required open, unoccupied space within the lot between a side lot line and the parts of the building nearest to each side lot line. Such a side yard shall extend through from the front yard to the rear yard.
SIGHT TRIANGLE
A triangular-shaped easement established at the intersection of two streets or a street and a driveway or two driveways in which nothing shall be erected, placed, planted or allowed to grow in such a manner as to obstruct vision above a height of two feet six inches above the center-line grade of the street or driveway. This prohibition does not apply to existing posts or columns or to existing or proposed traffic control devices. Neither does it apply to existing or proposed trees that are located in or adjacent to the sight triangle easement except that the limbs and foliage of any such tree shall not be permitted to fall nearer to the ground than six feet where such limbs or foliage overhang the aforementioned sight triangle. The Borough shall have the right of entry to remove any obstruction to vision within the sight triangle easement area not conforming to the standards of this definition, following due notice to the property owner. The triangle shall be determined along such street lot lines or edges or driveways 30 feet distant from their joint intersection.
[Added 7-13-1993 by Ord. No. 93-951; amended 8-9-1994 by Ord. No. 94-974]
STORY
That portion of a building included between the surface of any floor and the surface of the floor above it or, if there be no floor above it, then the space between the floor and the ceiling next above it. There shall be excluded from any such definition that portion of a building used entirely for the containment of mechanical equipment and utility service, including heating, ventilating, plumbing and electrical equipment, to the exclusion of any and all office and storage space and access to the exterior of the building, provided that the floor area thereof shall be limited to not more than 6% of the total floor area of any one story of the structure intended to be served. The on-grade level and all cellar levels of a building devoted to the use of parking, including aisles, ramps and maneuvering space, shall also be excluded.
[Added 6-10-1980 by Ord. No. 80-716; amended 3-10-1981 by Ord. No. 81-726; 1-31-2012 by Ord. No. 2012-1350]
(1) 
STORY, FIRSTThe lowest story as above defined.
(2) 
STORY, HALFA partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
UTILITY ALLOWANCE
For low- and moderate-income household renters, those expenses that are in addition to the base rent, such as heat, electricity and cooking fuel, that are included in the 30% utility allowance as outlined in the lease.
[Added 10-14-2003 by Ord. No. 2003-1207; amended 10-26-2004 by Ord. No. 2004-1225]
WAREHOUSE/DISCOUNT CLUB
A retail store selling a wide variety of merchandise in which customers purchase large, wholesale quantities of the store’s products, and where the customers may be required to pay an annual membership fee.
[Added 4-30-2013 by Ord. No. 2013-1374]
WIDTH OF LOT
The distance between the sidelines of the lot, measured at right angles to the axis of the lot at the minimum setback line. The axis of the lot shall be along a line drawn approximately midway between the two sidelines, from the front lot line to the rear lot line on an average bearing of the two sidelines, in such a manner as to divide the lot area in the 100 feet of lot depth nearest to the street line into two equal parts.
WIDTH OF SIDE YARD OR WIDTH OF COURT
The minimum distance between the side lot line and the part of the building nearest to the side lot line, or between the nearest opposite walls of a court if not on the lot line.
[1]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
[2]
Editor's Note: The regulations in N.J.A.C. 5:93 expired October 16, 2016.
[3]
Editor's Note: The original definition of "public garage" of the 1966 Code, which immediately followed this definition, was repealed 1-31-2012 by Ord. No. 2012-1350.