A.
ACCESSORY BUILDING
ALLOWABLE IMPERVIOUS COVERAGE
ASSISTED-LIVING RESIDENCE (ALR)
AWNING
BASEMENT
BILLBOARDS
BUILDING
(1)
(2)
(3)
(4)
(5)
BUILDING COVERAGE
BUILDING INSPECTOR
CELLAR
CONGREGATE HOUSING
COURT, INNER
COURT, OUTER
COURT, OUTER, DEPTH OF
COURT, OUTER, WIDTH OF
DWELLING, MULTIPLE-FAMILY
DWELLING, ONE-FAMILY
DWELLING, TWO-FAMILY
DWELLING UNITS
FAMILY
FENCE, CLOSED
FENCE, OPEN
FLOOR AREA
FLOOR AREA, LIVABLE
FLOOR AREA RATIO (FAR)
GROSS BUILDING AREA
HANDICAPPED PERSON
HEIGHT
IMPERVIOUS AREA
INDEPENDENT SENIOR HOUSING
LOT
LOT AREA
LOT, CORNER
LOT DEPTH
LOT LINE
LOT LINE, REAR
LOT WIDTH
MAIN FLOOR
MAINTENANCE; MAINTENANCE OF AWNING
MANUFACTURING
NEW CONSTRUCTION
NONCONFORMING AWNING
NONCONFORMING BUILDING OR USE
NONIMPERVIOUS AREA
PARTIAL DESTRUCTION
PLANNED UNIT RESIDENTIAL DEVELOPMENT (PURD)
POOL
PROJECTION
RELETTERING
RESIDENCE ZONE
ROOFLINE
SATELLITE ANTENNA
SETBACK
SIDE YARD SETBACK
SIGN
SIGN AREA - Includes all faces of a sign measured as follows
(1)
(2)
SIGN AWNING
STEEP SLOPES
STORY
STORY, HALF
STREET
STREET LEVEL
STREET LINE
STRUCTURAL ALTERATION
TOWNHOUSE
TRAILER, HOUSE
UNLAWFUL AWNING
USABLE OPEN SPACE
USE
YARD, FRONT
YARD, REAR
YARD, SIDE
Unless otherwise expressly stated, the following terms
shall, for the purpose of this chapter, have the following meanings:
A building or use clearly incidental or subordinate to and
customary in connection with the principal building or use on the
same lot.
The percentage of the lot area that may be covered by building
structures and/or all other impervious surfaces.
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
A facility as defined in the New Jersey Department of Health
Regulations which is licensed by the State Department of Health to
provide apartment-style housing and congregate dining and to assure
that assisted-living services are available when needed for four or
more adults unrelated to the proprietor. Apartment units offer, at
a minimum, one unfurnished room, a private bathroom, a kitchenette
and a lockable door on the unit entrance.
[Added 7-21-1999 by Ord. No. 99-6-1207]
A shelter projecting from and supported by the exterior wall
of a building constructed of either cloth or metal on a supporting
framework.
[Added 9-17-2003 by Ord. No. 03-13-1272]
A story in a building having a floor below the finished grade
at any point on the periphery of the building and having a structural
ceiling level at least three feet above the average finished grade
along any side of the building. See also "cellar" and "story."
[Amended 2-6-2002 by Ord. No. 02-36-1244; 4-17-2002 by Ord. No. 02-06-1248]
A sign, including the type commonly known as a "billboard,"
which directs attention to a business, commodity, service, entertainment
or attraction sold, offered or existing at some other site or only
incidentally upon the same site or lot. See also sign.
[Amended 6-1-1982 by Ord. No. 82-13-826]
Any combination of materials forming a construction. The
term "building" is not intended to include underground construction
which permits the use of the ground above as if no construction existed.
The term "building" shall include the term "structure" as well as
the following
Signs.
Fences.
Walls, except retaining walls projecting above
the ground not more than three feet at the higher ground level and
not more than 6 1/2 feet at the lower ground level.
Communication equipment, radio and television
antennas, except for:
Porches, carports, bins and other similar structures.
All land areas covered by buildings or other structures.
These areas shall include but is not limited to residences, garages,
sheds, porches, cabanas, uncovered decks which are larger than 150
square feet, covered decks and buildings or other structures with
roofed areas.
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248; 12-6-2023 by Ord. No. 23-26-1627]
The Construction Code Official of the Borough.
[1]A space in a building with a structural ceiling level less
than four feet above the average finished grade along any side of
the building facing a street.
Specially planned, designed and managed multi-unit rental
housing with self-contained apartments. These retirement communities
are designed to provide supportive environments but also to accommodate
a relatively independent lifestyle. A limited number of support services
such as meals, laundry, housekeeping, transportation and social and
recreation activities are usually provided. Health services available
24 hours a day are not part of congregate housing.
[Added 7-21-1999 by Ord. No. 99-6-1207]
Any open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The average dimension from the open side of the court to
the opposite wall.
The average dimension between the opposing sides of the court.
A detached, semi-attached or fully attached building containing
three or more dwelling units.
[Amended 4-7-1993 by Ord. No. 93-7-1087]
[Amended 4-7-1993 by Ord. No. 93-7-1087]
A detached, semi-attached or fully attached building containing
two dwelling units, each unit consisting of one or more rooms designed,
occupied or intended for occupancy as separate living quarters with
cooking, sleeping and sanitary facilities therein. Exception: a detached
building containing two dwelling units shall be considered a one-family
dwelling, provided that one of the dwelling units is intended for
the use of and is in fact occupied by domestic help.
[Added 4-7-1993 by Ord. No. 93-7-1087][2]
One or more rooms designed or occupied, or intended for occupancy,
as separate living quarters, with cooking, sleeping and sanitary facilities
therein, for the exclusive use of a single family and domestic help.
[Amended 9-2-1986 by Ord. No. 86-19-936; 11-20-1990 by Ord. No. 90-19-1042]
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit. More than five persons, exclusive of
domestic servants, not related by blood, marriage or adoption shall
not be considered to constitute one family.
Includes solid fences of the types commonly known as "cedar
picket," "stockade" and "louvered," also masonry or other types of
solid construction which substantially obstruct the view or interfere
with light or circulation of air, etc.
Includes fences of the type commonly known as "rail," "split
rail," "anchor" or "chain link" which do not substantially obstruct
the view or interfere with light or circulation of air, etc.
The sum of the gross horizontal areas of the several floors
of the building or buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings, excluding cellar and basement areas used only for storage
or for the operation and maintenance of the building.
All spaces within the exterior walls of a dwelling unit,
exclusive of garages, cellars, heater rooms and basements having a
window area of less than 20% of the square foot area of the room and
of unheated porches and breezeways, but shall include all spaces not
otherwise excluded, such as principal rooms, utility rooms, bathrooms
and all closets and hallways opening directly into and appurtenant
to any rooms within the dwelling unit, and all attic space having
a clear height of six feet from finish floor level to pitch of roof
rafter and a clear height of seven feet six inches from finished floor
level to ceiling level over 50% of the area of such attic space.
The sum of the area of all floors of buildings or structures
defined by the gross building area, compared to the total area of
the site, expressed as a percentage.
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
The gross building floor area of the buildings on the property.
The gross building area shall include all enclosed floor areas on
all floors for residences, accessory buildings, or garages measured
by using the outside dimensions. The gross building area shall not
include open porches, unfinished attics, basements, decks or porches.
Up to 440 square feet of space may be excluded for garage use if a
garage is constructed in the R-10 or R-15 zones and up to 880 square
feet in the R-40 zone.
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
A person who has a physical impairment which is expected
to be of long, continued and inordinate duration and substantially
impairs his or her ability to live independently and is of such nature
that the disability could be ameliorated by suitable housing conditions.
A dimension calculated by measuring the proposed finished
grade along the perimeter of the building or structure at points 10
feet apart with the beginning point being the lowest finished grade
adjacent to the building or structure, and adding all of said measurements
and then dividing the total arrived by the number of measurements
taken.
[Amended 2-21-1984 by Ord. No. 84-2-868; 12-6-2023 by Ord. No. 23-29-1630]
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
Land surface area that does not allow rain water to be directly
absorbed by the ground. These surfaces shall include by way of illustration
and not limitation:
Rental or condominium multifamily housing designed for persons
over 55 years of age.
[Added 7-21-1999 by Ord. No. 99-6-1207; amended 4-2-2003 by Ord. No. 03-02-1261]
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory building, if any, or by
a group of buildings having any land in common and the buildings accessory
thereto, if any, together with the required open spaces appurtenant
to such building or group of buildings.
The actual land area of the property or lot including easements
or rights-of-way.
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
A lot which occupies the interior angle at the junction of
and abutting on two or more intersecting streets when the interior
angle of intersection does not exceed 135°. On a corner lot, the
owner shall have the privilege of selecting any abutting street line
as the front line, providing such designation is clearly shown on
the building plans filed with and approved by the Construction Official.
Upon initial designation by an owner, the selected front line shall
remain as the front line for all subsequent owners. However, each
side of a corner lot abutting on a street line shall meet the minimum
district requirements for front yard and lot width at the street line.
Each yard abutting a street shall be a front yard for purposes of
setting a setback.
[Amended 10-1-2003 by Ord. No. 03-14-1273; 6-20-2018 by Ord. No. 18-14-1526]
The minimum distance from the street line of a lot to the
rear lot line of such lot.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line.
The average distance between side lot lines, measured along
two lines parallel to a line connecting the end points of the front
lot line and drawn through those two points of the principal building
closest to and farthest from the street.
The largest area, found by the projection of a horizontal
plane through the livable floor area, which is enclosed by the exterior
walls of the building.
Replacement without substantial change of any parts or supports
of any signs and repainting without change of text, design or size
of any sign without removal of the sign from the wall or structure
supporting it.
[Added 9-17-2003 by Ord. No. 03-13-1272]
Any process whereby the nature, size or shape of articles
or raw materials are changed or where articles are assembled or packaged
in quantity.
Construction of a building on a vacant lot or the renovation
of an existing building where 50% or more of the perimeter wall structure
at the first-floor level thereof has been removed at any point during
the course of construction.
[Added 12-6-2023 by Ord. No. 23-33-1634]
An awning legally erected but not complying with a subsequently
enacted Awning Ordinance or an awning which does not conform to the
Awning Ordinance but for which a special permit or variance was granted.
[Added 9-17-2003 by Ord. No. 03-13-1272]
A building or use which was lawful prior to the adoption,
revision or amendment of this chapter, but which fails to conform
to the regulations prescribed for the zoning district in which it
is located by reasons of such adoption, revision or amendment.
[Amended 10-2-2002 by Ord. No. 02-12-1254]
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
Includes by way of illustration and not limitation the following:
The destruction or demolition of less than 1/2 of the building
or structure.
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
An area with a minimum contiguous or noncontiguous acreage
of 18 acres or more to be developed as a single entity according to
a plan containing one or more residential clusters which may include
congregate housing and assisted-living residences, commercial or public
or quasi-public uses all primarily for the benefit of the residential
development.
[Added 7-21-1999 by Ord. No. 99-6-1207; amended 10-2-2002 by Ord. No. 02-12-1254]
Any permanent basin/structure/container, above or below ground,
that contains water in excess of three inches in depth and used for
any purpose including, by way of illustration and not limitation,
swimming, fishing, fountain, wading, ice rink and planting.
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
A part of a building or structure which projects from a wall
of a building.
[Added 9-16-1986 by Ord. No. 86-25-942]
To change the lettering or descriptive symbols on a sign
without changing any of the structural parts or components of the
sign.
[Added 9-17-2003 by Ord. No. 03-13-1272]
An R-10, R-15 or R-40 Zone.
The top edge of a roof or building parapet, whichever is
higher, excluding any minor decorative details or projections.
[Added 9-17-2003 by Ord. No. 03-13-1272]
Any apparatus which is designed for the purpose of receiving
television, radio, microwave, satellite or similar signals, with the
exception of conventional television antennas.
[Added 6-21-1988 by Ord. No. 88-7-984]
The distance between the street line and the setback line.
The minimum dimension between a building or structure and
the side property line.
[Added 2-6-2002 by Ord. No. 02-36-1244; amended 4-17-2002 by Ord. No. 02-06-1248]
Any structure or part thereof or device attached thereto
or painted or represented thereon which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement to promote the interests of any person or group of persons.
It shall include every type of sign, i.e., ground sign, wall sign,
roof sign, pylon or pole sign, marquee, canopy, awning or street clock.
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall or roof, the total area of such sign shall be deemed the area
within which all of the matter of which such sign consists may be
inscribed.
Any awning, lighted, painted or printed symbols and/or written
copy for the purpose of informing or directing members of the public
or advertising, promoting or identifying any institution, establishment,
product, goods, services or person.
[Added 9-17-2003 by Ord. No. 03-13-1272]
Any land areas with a topographic slope 15% or greater in
grade shall be considered steep sloped areas in the Borough of Cresskill,
and such steep sloped areas shall be deemed to be critical areas for
the purpose of this chapter.
[Added 9-17-2003 by Ord. No. 03-11-1270]
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor or, if there be no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
A street shown on the Official Map of the Borough and improved
to the satisfaction of the Planning Board.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line.
The dividing line between a lot and a street.
Any change in the supporting members of a building.
A townhouse dwelling as used in this chapter shall mean a
building structure designed for occupancy by no more than one family
or household and attached by not more than two party walls extending
from the foundation to the roof and providing two direct means of
access, one to the front and one to the rear or side.
[Added 9-15-1981 by Ord. No. 81-17-798]
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle and equipped to be used
for living or sleeping quarters or so as to permit cooking. The term
"house trailer" shall include vehicles if mounted on temporary or
permanent foundations with the wheels removed.
A sign not meeting the requirements of this chapter and which
has not received legal nonconforming status.
[Added 9-17-2003 by Ord. No. 03-13-1272]
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet and which is available
and accessible to all occupants of the building or buildings on the
lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all the occupants by
means of access other than stairs.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
An unoccupied ground area fully open to the sky between the
street line and a line drawn parallel from the street line towards
the main structure thereto touching the frontmost portion of the building.
In the event a lot runs from one street to another, the Planning Board,
at the time it grants subdivision approval, will designate which yard
is a front yard and which is a rear yard. In the event that the Planning
Board has already granted subdivision approval, the front yard will
be the same as the majority of residences on that street.
[Amended 5-1-1984 by Ord. No. 84-6-872]
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between any
property line, other than a street or rear lot line, and a line drawn
parallel thereto and between the front and rear yards. However, this
shall not include any area closer to the street than the front of
the building.
[Amended 10-1-2003 by Ord. No. 03-14-1273]
B.
Words used in the present tense include the future.
The singular includes the plural, and the plural includes the singular.
The word "person" includes a corporation, association or partnership,
as well as an individual. The word "lot" includes the word "plot."
The term "occupied or used," as applied to any building, shall be
construed as though followed by the words "or intended, arranged or
designed to be occupied or used."
