For the purpose of this chapter, the following
words and phrases shall have the meanings described below, unless
the context clearly indicates a different meaning. The term "shall"
indicates a mandatory requirement, and the term "may" indicates a
permissive action.
Any building, roofed structure or other structure which has
a height above the ground of at least one foot. If only part of said
structure is one foot or higher above the ground, then only that part
shall be considered an "above-grade structure." This definition shall
include, but is not necessarily limited to, swimming pools, hot tubs,
ornamental pools, porches, decks, balconies, tanks, fireplaces and
barbecue pits, roofed arbors and trellises, any or all of which are
located above grade, as defined herein. Notwithstanding the above,
the following shall not be construed to be above-grade structures
for the purposes of this chapter: fences, freestanding or retaining
walls and the earth retained by such walls, flagpoles, mail boxes,
signs and lawn ornaments.
[Amended 2-11-2004 by Ord. No. 2862]
A building or structure on the same lot with and subordinate
to a principal building, occupied or devoted exclusively to an accessory
use. Where an accessory building is integrated into the principal
building, as with an attached garage having access between the garage
and the principal building, such accessory building shall be considered
part of the principal building. Notwithstanding the above, a structure
shall be construed as being accessory to a principal use or structure
although it is located on a different lot than said principal use
or structure, when such location is specifically permitted by this
chapter.
[Amended 2-11-2004 by Ord. No. 2862]
A use customarily incidental and subordinate to the principal
use upon any premises.
When used in reference to signs, the giving or attempting
or intending to give any notice or information or any activity which
gives or attempts to give or intends to give notice, information or
warning.
Having 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, as may
be amended; in the case of an ownership unit, that the sales price
for the unit conforms to the standards set forth in N.J.A.C. 5:80-26.6,
as may be amended and supplemented, and, in the case of a rental unit,
that the rent for the unit conforms to the standards set forth in
N.J.A.C. 5:80-26.12, as may be amended and supplemented.
[Added 5-12-2004 by Ord. No. 2891; amended 3-23-2016 by Ord. No. 3493]
"Alter" means any action which changes or modifies in a perceptible
manner any aspect of development which is regulated by this chapter.
"Alteration" means the result of any such action.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, girders, interior partitions, as
well as any change in doors or windows, or any addition to or diminution
of the dimensions or configurations of the roof or exterior walls
of a building.
A noncommercial facility involving the arrangement of wires
or metal rods used in the sending and receiving of electromagnetic
waves, and including any support structures, and operating in the
Amateur Radio service under license by the Federal Communications
Commission.
[Added 10-13-1998 by Ord. No. 2643]
An action of the Planning Board or Board of Adjustment, as
applicable, that amends the subject, terms and/or conditions of a
prior approval and which occurs prior to the issuance of a certificate
of occupancy, certificate of continued occupancy, the filing of a
subdivision plat or deed with the county recording officer, or any
other perfection of the such prior approval. Amended approval is by
resolution of the Board and involves only minor modifications from
the original application. Applications that, in the opinion of the
reviewing board, deviate substantially from the initial application
are not properly the subject of amended approval; rather, such applications
are to be considered new applications and are subject to the same
requirements for approval as if there had been no prior approval.
[Added 7-18-2007 by Ord. No. 3066]
One or more dwelling rooms, with private bath and kitchen
facilities, comprising an independent self-contained dwelling unit
in a larger building.
Any developer submitting an application for development.
The area within a line drawn around the surface of a sign,
including all decorations, but excluding any supports, whether decorative
or not, and in computing sign area, the area of all surfaces used
or employed or designed for use as a sign for sign purposes shall
be included and totaled.
The land in the floodplain subject to a one-percent or greater
chance of flooding in any given year.
The open, nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A lightweight roof-like cover made of fabric over a frame,
which projects from the wall of a building, the purposes for which
may include the shielding of a doorway, window or sidewalk from the
elements and, when permitted, the display of signs.
[Amended 4-12-2017 by Ord. No. 3591]
The flood having a one-percent chance of being equaled or
exceeded in any given year.
An interior space or a portion of an interior space having
a floor level at least three feet below the average elevation of the
finished ground level at the foundation wall of the structure in which
it is contained.
[Amended 10-10-2007 by Ord. No. 3083; 5-14-2008 by Ord. No.
3120]
A type of projecting sign mounted on a building facade or
storefront pole or attached to a surface perpendicular to the normal
flow of traffic.
[Added 6-13-2018 by Ord.
No. 3647]
A rectangular area on a lot, located and having dimensions
as specified by the zone district regulations, and encompassing as
much as possible of the principal building and above-grade structures
attached to the principal building. In the case of a substandard lot
having a rectangular area with dimensions less than required, the
usable area shall be construed to be the largest rectangular area
having dimensions less than or equal to the required dimensions, and
encompassing as much as possible of the principal building and above-grade
structures attached to the principal building.
[Added 7-18-2001 by Ord. No. 2744]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
That portion of a lot within which a principal building is
permitted to be located by law. The building envelope excludes the
minimum front, side and rear yards required by the zoning regulations
as well as wetlands, approved wetland transition areas, floodways,
utility easements, access easements, conservation easements and all
other areas within which buildings are prohibited.
[Added 10-25-2000 by Ord. No. 2713]
A roof-like cover made of rigid building materials and which
projects from the wall of a building, the purpose for which may include
the shielding of a doorway, window or sidewalk from the elements.
In the case of a gasoline service station, a "canopy" is also a roof-like
cover that is supported by one or more columns or stanchions, does
not have any side walls and is used primarily to shield the pumps
from the elements. The definition of "canopy" includes marquees, but
excludes awnings.
[Amended 4-12-2017 by Ord. No. 3591]
An antenna that is intended for commercial transmission or
reception of personal wireless telephone services communications,
and including commercial mobile services communications, unlicensed
wireless services communications and common carrier wireless exchange
access services, and also including any tower or other supporting
structures and equipment necessary for such transmission or reception,
as may be permitted by this chapter.
[Added 10-13-1998 by Ord. No. 2643]
A certificate stating that the continued occupancy of an
existing building or structure may occur.
A certificate stating that all work has been completed in
accordance with the requirements of this chapter and the Uniform Construction
Code and that the building or structure may be occupied or used.
Any use which substantially differs from the previous use
of a building or land. A change of use does not necessarily involve
modifications to existing improvements, or construction of new improvements.
The bed and banks of a watercourse which convey the normal
flow of the stream.
Any facility which is maintained for the care, development
or supervision of six or more children who attend the facility for
less than 24 hours a day, and which is licensed as a child-care center
by the Department of Human Services. This term shall not include any
of those facilities or uses which are not included within the definition
of "child-care center" contained in the Child Care Center Licensing
Act (N.J.S.A. 30:5B-1 to 30:5B-15).
A community residence for the developmentally disabled, community
shelter for victims of domestic violence, community residence for
the terminally ill, community residence for persons with head injuries,
or adult family-care homes for elderly persons and physically disabled
adults, all as defined and regulated by N.J.S.A. 40:55D-66.1 and -66.2
and N.J.S.A. 26:2Y-3.
The optional, initial development plan for subdivisions and/or
site plans of sufficient accuracy and detail to be used for the purpose
of informal review, evaluation and nonbinding comment by the Planning
Board and meeting the requirements of this chapter.
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in this chapter, and upon the issuance of an authorization
therefor by the Planning Board.
A qualified person appointed by the Village Council pursuant
to the Uniform Construction Code, Chapter 23, Title 5, to enforce
and administer the regulations within the jurisdiction of the enforcing
agency.
Any form of development other than planned development.
The combined area of all buildings and other above-grade
structures on a lot, including but not limited to porches, decks,
balconies and cantilevered parts of the building at any level, but
excluding, however, cornices, eaves and other structures which are
specifically excluded by this chapter.
[Added 6-7-1999 by Ord. No. 2670]
The coverage by buildings and other above-grade structures
on a lot as defined by this chapter, plus the coverage of any other
structures, including but not limited to driveways, sidewalks, patios,
decks, swimming pools, tennis courts, parking areas and other paved
areas, whether constructed of asphalt, concrete, brick, stone, gravel
or other paving materials, but excluding structures, or portions of
structures, that are located below the surface of the ground and which
are not visible from above the surface of the ground. (Thus, subsurface
structures such as drywells, underground tanks, etc., are typically
excluded from such coverage, whereas swimming pools, which may be
located below the surface of the ground, but which are visible from
above the surface of the ground, are not excluded). It is intended
to include within this definition all man-made features except vegetation,
organic mulch, soil (including soil retained by retaining walls) and
structures that may be specifically excluded by this chapter.
[Added 6-7-1999 by Ord. No. 2670; amended 2-11-2004 by Ord. No.
2862]
Any variance which is not a "D" variance.
Calendar days.
A structure consisting primarily of a man-made platform or
platforms which is/are elevated above the adjacent ground level by
at least one foot and which is/are typically used or designed for
use for outdoor dining, recreational, entertainment or similar purposes.
[Added 4-12-2017 by Ord.
No. 3591]
The permitted number of dwelling units per gross area of
land to be developed.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining excavation or landfill and any use or change in the use
of any building or other structure or land or extension or use of
land, for which permission may be required pursuant to this chapter.
A three-dimensional item meant to attract patrons to a business.
[Added 9-12-2018 by Ord.
No. 3667]
A framework (i.e., bar, rail, hooks) for holding multiple
items up for display.
[Added 9-12-2018 by Ord.
No. 3667]
See "zoning district" below.
A facility either within the principal structure or in a
freestanding accessory structure which, by design, encourages or permits
customers to receive services while remaining in their motor vehicles.
Permission to depart from the literal requirements of the zoning regulations, Article X of this chapter, to permit:
A use or principal structure in a district restricted
against such use or principal structure.
An expansion of a nonconforming use;
Deviation from a specification or standard pertaining
solely to a conditional use;
An increase in the permitted floor area ratio
as defined in Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4);
An increase in the permitted density as defined
Section 3.1 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-4), except as applied
to the required lot area for a lot or lots for detached one or two
dwelling unit buildings which lot or lots are either an isolated undersized
lot or lots resulting from a minor subdivision; or
A height of a principal structure which exceeds
by 10 feet or 10% the maximum height permitted in the district for
a principal structure.
A unit comprising living accommodations designed and used
for occupancy by only one family.
An encumbrance or grant of an estate in lands distinct from
ownership to use in some way the land of another.
Animated signs or devices motivated by wind, thermal changes,
or other natural environmental input. Includes spinners, pinwheels,
pennant strings, and/or other devices or displays that respond to
naturally occurring external motions.
[Amended 9-12-2018 by Ord. No. 3667]
To build, construct, attach, hang, place, suspend or affix,
and shall include the painting of wall signs.[3]
Any reasonable number of persons (consistent with the provisions
of the building, fire and health codes and the residential character
of the neighborhood involved) living together as a single, not-for-profit
housekeeping unit, whose relationship is of a permanent, domestic
and private residential character and who utilize all rooms and cooking
facilities in common. Commercial and institutional uses, boarding-
or rooming houses, transient uses, societies, clubs, fraternities,
sororities, associations, lodges, shelters, halfway houses and similar
organizations are excluded from this definition, except as otherwise
specifically provided by the Municipal Land Use Law under N.J.S.A.
40:55D-66c.
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day-Care
Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16 et
seq.), and in which child care services are regularly provided to
no fewer than three and no more than five children for no less than
15 hours per week, not including children legally related to the provider
or being cared for as part of a cooperative agreement between parents
for the care of their children where no payment for the care is being
provided.[4]
An artificially constructed freestanding barrier, typically
constructed of wood, wire, metal, vinyl or other materials and typically
erected for the enclosure and/or screening of areas of land.
[Added 3-12-2003 by Ord. No. 2818]
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with this chapter.
The official map on which the Flood Insurance Administration
has delineated both the areas of special flood hazard and the risk
premium zones applicable to the community.
The official report provided in which the Federal Insurance
Administration has set forth flood profiles, as well as the Flood
Boundary-Floodway Map and the water surface elevation of the base
flood.
The area of a special flood hazard subject to a one-percent
or greater chance of flooding in any given year.
The channel of a river or other watercourse and the adjacent
land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than
0.2 of a foot.
See "gross floor area and/or habitable floor area" below.
In the case of residential uses in residential zones, the
habitable floor area of the building(s) divided by the total area
of the site, expressed as a percentage. In the case of any use in
the nonresidential zones or nonresidential use in the residential
zones, the gross floor area of all buildings which are enclosed by
an exterior wall, divided by the total area of the site, expressed
as a percentage.
An artificially constructed freestanding barrier, typically
of heavier-duty construction than a fence, typically constructed of
wood, stone, brick, concrete or other masonry materials, often containing
a footing and/or foundation, and typically erected for the enclosure
and/or screening of areas of land.
[Added 3-12-2003 by Ord. No. 2818]
A detached accessory building or a portion of a principal
building used primarily for the storage of motor vehicles owned or
used by the occupant of the principal building to which the garage
is accessory.
Any building, structure, lot or land in or upon which a business,
service or industry involving the fueling, storage, maintenance, washing
or servicing and storage in connection therewith of motor vehicles
is maintained, conducted, operated or rendered. Garages used exclusively
for the parking of motor vehicles for the general public are not included
within this definition.
A building situated on one lot which contains separate dwelling
units for more than two families, and which contains no more than
two stories, and in which individual dwelling units may be located
above one another. Garden apartments may also provide access to dwelling
units from a common entrance and utilize shared parking, utilities
and open space.
See "garage, public."
The Village Council of the Village of Ridgewood.
The sum of the horizontal area or areas of each story or
half story of all principal and accessory buildings on a site, measured
from the exterior face of the exterior walls of such buildings. Gross
building area shall not include basements, areas not enclosed by walls,
screening, windows, etc., and areas having a vertical dimension of
less than seven feet between the floor (or if there is no floor, then
the joists) and the bottom of the roof structure. Gross building area
shall include but not necessarily to be limited to the following:
[Added 10-10-2007 by Ord. No. 3083]
The horizontal area of habitable and nonhabitable
floor area.
The horizontal area of interior and exterior
walls.
The horizontal area of the portion of attics
or other similar areas below the roof having a vertical dimension
of at least seven feet between the floor (or if there is no floor,
then the joists) and the bottom of the roof structure.
The horizontal area of all stairs and stairwells
on each floor. The gross building area shall be calculated as the
area of stairs and stairwells times the number of stories through
which the stairs and stairwells project.
The horizontal area of spaces that project through
two or more stories. The gross building area shall be calculated as
the area of the space times the number of stories through which the
space projects.
The horizontal area of enclosed porches, decks
and similar features enclosed by screening, windows or similar enclosures.
The horizontal area of attached garages, storage
rooms and similar areas.
The aggregate area of all floors in a building enclosed by
an exterior wall and measured from the exterior face of exterior walls
or from the center line of walls separating two buildings, excluding
any space where the floor to ceiling height is less than six feet,
and excluding basements and cellars, attics, garages and other interior
parking and loading space used by motor vehicles. Notwithstanding
the above, if any part of the area of an attic, basement or cellar
in a building or any part of a garage shall be devoted to a principal
use, including but not limited to a dwelling unit, display space,
sales space, work areas, food preparation and service areas, offices,
meeting rooms, drafting rooms or facilities, waiting rooms, laboratories
or patient treatment or therapy facilities, such part or area shall
be included in the computation of gross floor area. This shall not
be construed to include the use of such areas for storage and similar
support functions within the calculation of gross floor area.
The area of that portion of a building or structure designed,
intended and furnished for year-round human occupancy measured on
each floor from the inside face of exterior walls or from the center
line of walls separating two buildings, and including but not limited
to interior walls and stairwells. Habitable floor area shall not include
attic spaces, basements or cellars, open porches, breezeways and garages.[5]
A document signed by the Construction Official which is required
for exterior work to any improvement on property in an historic district
or on an historic site. A preservation permit pursuant to the historic
preservation provisions of the this chapter shall include, but is
not limited to, a building permit, a demolition permit or a permit
to move, convert, relocate or remodel or which involves exterior changes
to the structure or the property on which it is located, which changes
are visible from a public street, also known as "preservation permit."
Any real property, man-made structure, natural object or
configuration or any portion or group of the foregoing of historical,
archaeological, cultural, scenic or architectural significance and
which has been designated as such in the Village Master Plan or in
this chapter.[6]
A building or structure or group of buildings or structures
that is/are: 1) used primarily by groups of persons organized as a
nonprofit 501c(3) organization recognized by the Federal Internal
Revenue Service; and 2) used primarily for organized religious services
and the accessory uses associated therewith. This definition shall
include, but not be limited to, chapels, churches, congregations,
temples, mosques, shrines and similar designations.
[Added 2-8-2017 by Ord.
No. 3579]
A development containing both affordable units and market-rate
units. This term includes, but is not necessarily limited to new construction,
the conversion of a nonresidential structure to residential and the
creation of new affordable units through the reconstruction of a vacant
residential structure.[7]
[Added 5-12-2004 by Ord. No. 2891; amended 3-23-2016 by Ord. No. 3493]
A house of worship and/or a public or private school-providing
academic instruction for children between the grades kindergarten
through 12 and accredited by the State Department of Education. Included
in this definition are uses accessory to the foregoing that are part
of the same development. Specifically excluded from this definition
are child-care centers operating as a principal use and not accessory
to a house of worship or school.
[Amended 2-8-2017 by Ord.
No. 3579]
An institution for providing nonaccredited instruction to
children or adults in the arts, dance, language, crafts, martial arts
and similar uses. Instructional schools shall not include post-secondary
education or trade schools.
[Added 11-7-2018 by Ord.
No. 3686; amended 12-12-2018 by Ord. No. 3691]
In a criminal or quasi-criminal proceeding, any citizen of
the State of New Jersey; and in the case of a civil proceeding in
any court or in an administrative proceeding before a municipal agency,
any person, whether residing within or without the Village, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or whose rights to use, acquire or
enjoy property under this chapter or under any other law of this state
or of the United States have been denied, violated or infringed by
an action or failure to act under this chapter or the Municipal Land
Use Law.[8]
A designated parcel, tract or area of land, established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The total square unit content of any lot as measured within
the lot lines.
A lot at the junction of and having frontage on two or more
intersecting streets. A "corner lot" is also a lot bounded on two
or more sides by the same street.
The distance between the front lot line and the rear lot
line, or extensions thereof, measured along the shortest such line
that crosses the building envelope.
[Amended 10-25-2000 by Ord. No. 2731]
That portion of a lot which is contiguous with a street right-of-way.
In the case of a through lot, the lot frontage shall be considered
that frontage upon which the majority of the buildings in the same
block front; provided that in case there has been no clearly defined
frontage established, the owner may, when applying for a building
permit, specify on his permit application which lot line shall be
considered the lot frontage. A corner lot shall be deemed to have
frontage on any abutting street.
The lot line(s) separating a lot from a street right-of-way.
On corner lots and on through lots, all lot lines separating a lot
from a street right-of-way are front lot lines. See lot line illustration,
below.
[Amended 4-12-2017 by Ord. No. 3591]
On interior lots, the lot line or lines opposite from the
front lot line and not intersecting the front lot line. In the case
of interior lots which have side lot lines meeting at a point in the
rear of the lot, the rear lot line shall be the point of intersection
of the side lot lines and the minimum rear yard shall be measured
radially from said point.
[Amended 4-12-2017 by Ord. No. 3591]
On corner lots, the rear lot line shall be that lot line or
lines opposite from the shortest front lot line, and which may intersect
the longest front lot line.
On through lots, there may or may not be a rear lot line or
lines, depending upon the configuration of the lot.
See lot line illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the side and rear lot lines, as set forth in § 190-119A(5).
Any lot line other than a front or rear lot line. On corner
lots, the side lot line shall be the lot line or lines which is/are
opposite the longest front lot line.
[Amended 4-12-2017 by Ord. No. 3591]
See lot line illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the side and rear lot lines, as set forth in § 190-119A(5).
 FRONT, REAR AND SIDE LOT LINES - EXAMPLES
|
A lot that fronts upon two streets that do not intersect
at the boundaries of the lot.
The shortest straight line distance between the two side
lines of any lot, measured parallel to the front lot line and at a
distance from the front lot line equal to the minimum required front
yard setback. On corner lots, the lot width shall be as defined herein,
but measured parallel to the shortest front lot line. If the front
lot line of any lot is not a straight line, the lot width shall be
measured parallel to the shortest imaginary line which is entirely
within the lot and tangent to the front lot line. The lot width shall
be measured parallel to said imaginary line at a distance equal to
the minimum front yard setback.
[Amended 6-10-1997 by Ord. No. 2606]
A household having a gross household income less than or
equal to 50% of the median gross household income for households of
the same size within the housing region in which the housing for said
household is located, as approved by the New Jersey Council on Affordable
Housing.
[Added 5-12-2004 by Ord. No. 2891]
Housing affordable according to the Federal Department of
Housing and Urban Development or the standards included in the Substantive
Rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:93-1.1
et seq.) for home ownership and rental costs, and occupied or reserved
for occupancy by households with a gross household income equal to
50% or less of the median gross household income for households of
the same size within the housing region in which the housing is located,
and which is subject to affordability controls promulgated by the
New Jersey Council on Affordable Housing.
[Added 5-12-2004 by Ord. No. 2891]
Any security which may be accepted by the Village for the
maintenance of any improvements required by this chapter, including
but not limited to cash, surety bonds and letters of credit under
the circumstances specified by this chapter.[9]
Any subdivision not classified as a minor subdivision.
Housing units not restricted to low- and moderate-income
households that may sell at any price determined by a willing seller
and a willing buyer.
[Added 6-14-2006 by Ord. No. 3001]
A sign located on a building or canopy of a building, which
sign is designed to be changed on a regular basis and which is intended
to advertise or announce performances or performers, attractions,
exhibits and similar events, as in the case of theaters, playhouses,
halls, etc.
[Amended 4-12-2017 by Ord. No. 3591]
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to N.J.S.A. 40:55D-28.
A development plan of one or more lots which requires site
plan approval and which:
[Amended 10-14-2009 by Ord. No. 3220; 8-13-2014 by Ord. No. 3426]
Proposes new development which is limited to any or all of the
following, provided that for purposes of this definition multiple
development applications for the same property shall be construed
as a single development application if such application(s) is (are)
filed within 190 days of the filing of any prior application:
Alterations to the facade, roof, entrance or exit doors, windows or other exterior components of an existing building, provided that such alterations do not involve alteration of the location or extent of the exterior building walls or roof in a manner inconsistent with Subsection A(2) and (3) in this definition.
The construction, demolition or other change in the gross building
area on the property, provided that the change involves no more than
500 square feet. Said five-hundred-square-foot change shall be calculated
as the total amount of existing and proposed gross building area affected
by the change, not as the net change in gross building area; thus,
a demolition of 250 square feet and the construction of 250 square
feet of gross building area would be calculated as a change of 500
square feet.
The construction, reconstruction, conversion, alteration, relocation, enlargement or demolition of any nonbuilding structure(s), and any site grading, landscaping or other ground disturbance, all of which have a combined ground surface area of no greater than 2,000 square feet. Said two-thousand-square-foot limitation shall exclude any ground surface area affected by changes in the gross building area included in the calculation in Subsection A(2) of this definition.
Does not involve planned development, any new street or extension
of off-tract improvement which is to be prorated pursuant to N.J.S.A.
40:55D-42.
Contains the information reasonably required in order to make
an informed determination as to whether the requirements established
by this chapter for approval of a minor site plan have been met.
A subdivision of land for the creation of not more than three
lots fronting on an existing street, provided that such subdivision
will not adversely affect the development of the remainder of the
parcel or adjoining property and that such subdivision does not involve
a planned development, any new street or the extension of any off-tract
improvement, the cost of which is to be prorated pursuant to N.J.S.A.
40:55D-42.
A household having a gross household income in excess of
50% but less than 80% of the median gross household income for households
of the same size within the housing region in which the housing for
said household is located, as approved by the New Jersey Council on
Affordable Housing.
[Added 5-12-2004 by Ord. No. 2891]
Housing affordable according to the Federal Department of
Housing and Urban Development or the standards included in the Substantive
Rules of the New Jersey Council on Affordable Housing (N.J.A.C. 5:93-1.1
et seq.) for home ownership and rental costs, and occupied or reserved
for occupancy by households with a gross household income in excess
of 50% but less than 80% of the median gross household income for
households of the same size within the housing region in which the
housing is located, and which is subject to affordability controls
promulgated by the New Jersey Council on Affordable Housing.
[Added 5-12-2004 by Ord. No. 2891]
Any motorized means of conveyance of persons or property,
including but not limited to those vehicles covered by N.J.S.A. 39:1-1
et seq.
[Added 4-9-2008 by Ord. No. 3114]
Any structure containing three or more dwelling units.
The Village Planning Board or Board of Adjustment or Village
Council when acting pursuant to this chapter, and any agency created
by or responsible to the Village of Ridgewood when such agency is
acting pursuant to this chapter.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning regulations,
but which fails to conform to the requirements of the zoning district
in which it is located by reasons of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the zoning
regulations, but which fails to conform to the requirements of the
zoning district in which it is located by reasons of such adoption,
revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of the zoning regulations, but which fails to
conform to the requirements of the zoning district in which it is
located by reasons of such adoption, revision or amendment.
Those zones set forth in the zoning regulations of this chapter
which are intended primarily for nonresidential or mixed-use development.
In addition, those lots in the HC and T Zone Districts which are used
primarily for nonresidential purposes shall be considered to be in
a nonresidential zone.[10]
[Amended 6-13-2012 by Ord. No. 3343; 3-23-2016 by Ord. No. 3493]
The residing of a person or persons in a dwelling unit overnight
or the installation, storage or use of equipment, merchandise or machinery
in any commercial, residential, public or industrial building. Excluded
from the definition is the use of any construction equipment or machinery
not considered part of the building or the storage of product, merchandise,
raw material or other personal property or the use of a structure
by those engaged in its construction.
A map adopted by ordinance pursuant to N.J.S.A. 40:55D-32
et seq. Such map shall be deemed conclusive with respect to the location
and width of streets and public drainage ways and the location and
extent of flood control basins and public areas including public parks,
playgrounds, trails, paths and other recreation areas, public open
spaces, scenic and historic sites, sites for schools and other public
buildings and structures, whether or not such streets, ways, basins
or areas are improved or unimproved or are in actual physical existence.
Located outside the lot lines of the lot in question but
within the property of which the lot is a part which is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
[Added 3-9-1999 by Ord. No. 2657]
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
[Amended 3-9-1999 by Ord. No. 2657]
Located on the lot in question and excluding any abutting
street or right-of-way.
[Added 3-9-1999 by Ord. No. 2657]
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
[Amended 3-9-1999 by Ord. No. 2657]
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
Any eating establishment where food and other refreshments
are served or consumed outside the interior of the eating establishment
on private property or upon the public right-of-way, namely, the sidewalks
immediately in front of any restaurant, cafe, cafeteria or place of
business where food and/or other refreshments are served or consumed
or where permitted on private property pursuant to this chapter.
[Amended 7-18-2007 by Ord. No. 3071]
Any individual, firm, association, syndicate, partnership,
limited liability corporation or corporation having sufficient proprietary
interest in the land sought to be processed for development under
this chapter.
An open area, other than a street or other public way, used
for the parking of motor vehicles, including parking spaces and adjacent
service aisles, but not including access drives from a public thoroughfare.
A rectangular space designed to be used as an accommodation
for off-street motor vehicle parking, exclusive of access drives or
aisles.
A structure consisting primarily of a man-made platform or
platforms which is/are located at the adjacent ground level, below
the adjacent ground level, or elevated above the adjacent ground level
by less than one foot and which is/are typically used or designed
for use for outdoor dining, recreational, entertainment or similar
purposes.
[Added 4-12-2017 by Ord.
No. 3591]
Any security which may be accepted by the Village, including
but not limited to surety bonds, cash and letters of credit under
the circumstances specified in this chapter in lieu of a requirement
that certain improvements be made before the Planning Board or other
municipal agency approves a subdivision plat or site plan.
Any person, individual, business entity, partnership, association,
corporation, limited liability corporation, company, organization
or legal entity of any kind or nature.
The map or maps of a subdivision.
Any structure intended for swimming, recreational bathing
or wading that contains water over 24 inches deep, including in-ground,
aboveground and on-ground pools; hot tubs; spas and fixed-in-place
wading pools.
[Added 4-12-2017 by Ord.
No. 3591]
An elevated structure attached to a building, consisting
of a platform or platforms and which may also include steps and/or
a ramp, and which typically provides ingress to and/or egress from
the building, and which may be used for outdoor relaxation and socializing.
[Added 4-12-2017 by Ord.
No. 3591]
The conferral of certain rights pursuant to N.J.S.A. 40:55D-46
et seq., prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
The preliminary map indicating the proposed layout of the
subdivision and meeting the requirements of this chapter.
The preliminary development plan indicating the proposed
layout of the site and meeting the requirements of this chapter.
A building or structure or a piece or tract of land or real
estate vacant or otherwise.
The primary or predominant use of any lot. A principal structure
is one devoted to the principal use.
A place for the transaction of business where reports are
prepared, records are kept and services rendered, but where no retail
sales are offered and where no manufacturing, assembly, distribution
center or fabricating takes place. Office includes medical office.
[Added 11-7-2018 by Ord.
No. 3686; amended 12-12-2018 by Ord. No. 3691]
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, mains, valves or structures or sewer pipes, valves
or structures maintained, operated and conducted for the service,
convenience, necessity, health and welfare of the general public,
whether owned by any arm or creature of the local, state or federal
government or by any privately owned public utility corporation.
A system comprising structures which, operating alone or
with other structures, results in the enclosure, derivation, conveyance,
transmission or distribution of water for potable or domestic purposes
to consumers in 20 or more dwellings or properties.
The majority of the full authorized membership of a municipal
agency.[11]
A vehicular-type portable structure without permanent foundation
that can be towed, hauled, or driven and is primarily designed as
a temporary living accommodation for recreation and camping purposes.
Recreational vehicles include, but are not limited to, travel trailers,
truck campers, camping trailers and self-propelled motor homes.
[Added 4-9-2008 by Ord. No. 3114]
A document issued by the Historic Preservation Commission
reporting to the Construction Official on a preservation permit application
for any alteration or addition to a historic site or for a property
within an historic district based upon plans presented for the preservation,
restoration, rehabilitation or alteration of property or the demolition,
addition, removal, repair, remodeling of any feature for any existing
or new construction stating the findings of fact and conclusions upon
which the report is based.
A contiguous or noncontiguous area to be developed as a single
entity according to a plan containing residential housing units which
have a common or public open space as an appurtenance.
Those zones set forth in the zoning regulations of this chapter
which are intended primarily for residential development. In addition,
those lots in the HC and T Zone Districts which are vacant or used
primarily for residential purposes, as well as those lots in the nonresidential
zones which are developed or proposed to be developed entirely for
residential uses permitted by ordinance or by variance shall be considered
to be in a residential zone.
[Amended 6-13-2012 by Ord. No. 3343; 3-23-2016 by Ord. No. 3493]
The further division or relocation of lot lines of any lot
or lots within a subdivision previously made and approved or recorded
according to law or the alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
An establishment engaged in the selling of goods or merchandise
to the general public for personal or household consumption and rendering
services incidental to the sale of such goods. In no instance shall
bars selling alcohol or service stations be considered as retail sales.
[Added 11-7-2018 by Ord.
No. 3686; amended 12-12-2018 by Ord. No. 3691]
An establishment providing services, as opposed to products,
to the general public for personal or household use.
[Added 11-7-2018 by Ord.
No. 3686; amended 12-12-2018 by Ord. No. 3691]
A wall that is designed and constructed for the purpose of
supporting a change in elevation between one side of the wall and
the other side. Notwithstanding the foregoing, structures including
but not limited to curbs that support a change in elevation of eight
inches or less shall not be considered a retaining wall for the purposes
of this chapter.
[Added 3-12-2003 by Ord. No. 2818]
A business engaged in the sale of food, soft drinks, ice
cream and other similar goods or confections which are so prepared
and served as to be intended for immediate consumption and in or from
which the customers are served while standing outside the confines
of the structure or building in which the business is conducted. The
term "road stand" includes the terms "snack bars," "dairy bars" and
terms describing similar establishments.
Any sign extending above any part of the roof of any structure.
A parabolic or dish-shaped antenna that is designed for the
purpose of receiving or transmitting radio waves.[12]
[Added 10-13-1998 by Ord. No. 2643]
[Amended 12-11-2013 by Ord. No. 3400; 9-11-2019 by Ord. No. 3741]
Any device, freestanding or attached to a building or structure
or erected, painted represented or reproduced upon any building or
structure, which displays, reproduces or includes any letter, logo,
word, name, number, model, insignia, design, device or representation
used for one or more of the following purposes:
To identify the premises or occupant or owner of the premises;
To advertise any trade, business, profession, industry, service
or other activity;
To advertise any product or item to advertise the sale or rental
or use of all or any part of any premises, including that upon which
it is displayed;
To direct vehicular or pedestrian traffic other than state,
county, Village highway and roadway markers;
And shall include any announcement, declaration, demonstration,
display, illustration, insignia or any representation used to advertise
or intended to advertise or promote the interests of any person.
The term "sign" shall not be construed to mean any sign in the
interior of any structure which is not visible from outside the structure.
Official flags of the United States, New Jersey or its political subdivisions,
and any poles upon which such flags are hung, shall not be construed
a sign for the purposes of this chapter.
The letters, numbers, symbols or other graphic representation
of a sign used to identify or advertise a premises, occupant, activity,
product, service or to direct traffic, when such graphic representation
is distinguished from the sign structure.
A primary or predominant sign on the premises displayed to
identify the occupant thereof or the services rendered or a product
or item available therein or a trade, business or profession carried
on therein.
The physical structure of a sign, used for purposes of support,
ornamentation, background, illumination, ventilation or other purposes,
when such structure is distinguished from the sign message. When not
distinguished, the sign structure shall be deemed to include the sign
message.
A dwelling unit in a structure containing at least three
dwelling units in which each separate dwelling unit is attached to
other similar dwelling units by one or more common walls, or portions
thereof, extending from the foundation to the roof and further provided
each dwelling unit has a separate front and rear or side entrance
providing direct access for said unit to and from the outdoors. Single-family
attached residential dwelling units are also known as "townhouse units."
[Amended 8-9-2006 by Ord. No. 3015]
A development plan of one or more lots on which is shown
the information required by this chapter, plus any other information
reasonably necessary and required in order to make an informed determination
pursuant to this chapter.
A committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing site plans
for a report back to the entire Board and such other duties relating
to land development which may be conferred on this Committee by the
Board.[13]
A series of steps (a minimum two steps), including a landing
area.
[Added 9-12-2018 by Ord.
No. 3668]
Has a minimum tread depth of nine inches and a maximum depth
of 11 inches with a riser height of a minimum of four inches and a
maximum height of 8 1/4 inches.
[Added 9-12-2018 by Ord.
No. 3668]
The placement of any vehicle, boat, trailer, machine, equipment
or material upon the particular premises or property on a regular
or recurring basis.[14]
That portion of a building between the surface of any one
floor and the surface of the floor next above it or, if there is no
floor above it, then that portion of the building included between
the surface of any floor and the ceiling or roof next above it. Notwithstanding
the foregoing, a basement shall be considered a story only if the
finished surface of the floor above the basement is:
[Amended 10-10-2007 by Ord. No. 3083; 5-14-2008 by Ord. No.
3120]
More than six feet above the average elevation
of the finished ground level at the foundation wall of the structure;
or
More than six feet above the average elevation
of the finished ground level for more than 50% of the total building
perimeter; or
More than 12 feet above the finished ground
level at any point.
That portion of a building included between the surface of
any floor and the ceiling or roof next above it, and in which the
ceiling area at a height of seven feet above the floor is not more
than one-third the area of the next floor below.
[Added 5-14-2008 by Ord. No. 3120]
Any street, avenue, boulevard, road, parkway, viaduct, alley
or other way which is an existing state, county or municipal roadway;
which is shown upon a plat heretofore approved pursuant to law; which
is approved by official action as provided by this chapter; or which
is shown on a plat duly filed and recorded in the office of the County
Recording Officer prior to the appointment of the Planning Board and
the grant to such Board of the power to review plats; and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The outermost line of the whole area devoted to street purposes
on either side thereof. "Street side line" is synonymous with street
right-of-way line, but generally throughout this chapter the former
is used in conjunction with existing streets and the latter is used
in conjunction with proposed streets.
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development. The term "subdivision" shall also include the term "resubdivision."
The following shall not be considered subdivisions within the meaning
of this chapter, if no new streets are created:
Divisions of land found by the Planning Board
or Subdivision Committee to be for agricultural purposes where all
resulting parcels are five acres or larger in size.
Divisions of property by testamentary or intestate
provisions.
Divisions of property by court order, including
but not limited to judgments of foreclosure.
Consolidation of existing lots by deed or other
recorded instrument.
The conveyance of one or more adjoining lots,
tracts or parcels of land owned by the same person or persons and
all of which are found and certified by the Zoning Officer to conform
to the requirements of this chapter and are shown and designated as
separate lots, tracts or parcels on the Tax Map or atlas of the Village.
A Committee of at least three Planning Board members appointed
by the Chairman of the Board for the purpose of reviewing subdivisions
in accordance with the provisions of this chapter and such other duties
relating to land subdivision which may be conferred on this Committee
by the Board.
A certificate permitting the occupancy of any building or
structure prior to the full completion, provided that such portion
or portions may be occupied safely prior to full completion of the
building or structure without endangering life or public welfare.
A container designed for the outdoor storage of personal
property for temporary use and delivered and removed by vehicle. Temporary
storage containers shall include 1/2 cargo containers with a maximum
length of 26 feet. Temporary storage containers shall not be utilized
for operating a business. Temporary storage containers shall hereinafter
be referred to as "pods."
[Added 1-16-2019 by Ord.
No. 3695]
The typed or printed verbatim record of the proceedings or
reproduction thereof.
A rectangular area on a lot, located and having dimensions
as specified by the zone district regulations, encompassing the buildable
area and adjacent environs, and located as required by the zone district
regulations. In the case of a substandard lot having a rectangular
area with dimensions less than required, the usable area shall be
construed to be the largest rectangular area having dimensions less
than or equal to the required dimensions, encompassing the buildable
area and adjacent environs, and located as nearly as possible to that
required by the zone district regulations.
[Added 7-18-2001 by Ord. No. 2744]
Permission to depart from the literal requirements of the zoning regulations, Article X of this chapter.
A person who is domiciled in the Village of Ridgewood.
[Added 3-9-1999 by Ord. No. 2657]
Any natural swale, stream, brook or river which is the natural
course of storm- or running water through which water flows ordinarily
and frequently but not necessarily continuously. This definition includes
watercourses which have been artificially realigned or improved.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration sufficient to support, and
that under normal circumstances does support, a prevalence of vegetation
typically adapted for life in saturated soil conditions, commonly
known as "hydrophytic vegetation," as designated and approved by the
New Jersey Department of Environmental Protection using a three-parameter
approach (i.e., hydrology, soils and vegetation).
[Added 7-18-2001 by Ord. No. 2744]
An area of land adjacent to a freshwater wetland which minimizes
adverse impacts on the wetland or serves as an integral component
of the wetlands ecosystem, as designated and approved by the New Jersey
Department of Environmental Protection.
[Added 7-18-2001 by Ord. No. 2744]
Any opening in the exterior wall or roof of any structure
for the purpose of admitting air or light, whether or not covered
with glass, plastic or other coverings.
The area of glass of the facade, including mullions of a
single window unit, located between structural elements of the building.
[Added 9-11-2019 by Ord.
No. 3741]
A display of products, articles or merchandise (including
mannequins) in a retail window, designed to advertise or attract consumers
or customers. This can include photographs, artwork (with no letters
or numerals, unless on the product) and may not be any closer than
one foot from the glass.
[Added 9-11-2019 by Ord.
No. 3741]
Any sign as defined herein, that is located within four feet
of the window and is plainly visible from the exterior of the building.
[Added 9-11-2019 by Ord.
No. 3741]
The aggregate square foot of all windows on any given side
and any given story of any structure, regardless of the angle or angles
at which they are set, and in computing window space, there shall
be included all portions of any door which, if part of any exterior
wall, does contain any window.
[Amended 2-11-2004 by Ord. No. 2862; 4-12-2017 by Ord. No. 3591]
On interior lots, that space extending across the full width
of the lot and located between the front lot line and the nearest
principal building or principal structure located on said lot.
On corner lots, the two or more spaces extending across the
full width and/or depth of the lot, as applicable, and the nearest
principal building or principal structure located on said lot.
On through lots, the spaces defined as above for interior and
corner lots, and further defined as follows:
One front yard is a space extending across the full width of
the lot and located between the front lot line and the front of the
principal building, as determined by the Zoning Officer.
The other front yard(s) is/are a space or spaces extending across
the full width of the lot and located between the other front lot
line(s) and the minimum required front yard setback line from such
other front lot line(s).
The depth of the front yard(s) shall be measured perpendicular
to the street right-of-way line.
See yards illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the front, rear and side yards, as set forth in § 190-119A(5).
[Amended 2-11-2004 by Ord. No. 2862; 4-12-2017 by Ord. No. 3591]
On interior lots, the space extending across the full width
of any lot and lying between the rear lot line(s) and the nearest
principal building or principal structure located on said lot.
On corner lots, a space extending between one front yard, the
rear lot line(s), the side lot line(s) located opposite the front
yard, and the nearest principal building or structure located on said
lot.
On through lots, the space located between the other front yard(s)
defined for through lots in "yard, front" above and the nearest principal
building or principal structure located on said lot.
The depth of the rear yard shall be measured perpendicular to
the rear lot line.
See yards illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the front, rear and side yards, as set forth in § 190-119A(5).
[Amended 2-11-2004 by Ord. No. 2862; 4-12-2017 by Ord. No. 3591]
On interior lots, the spaces located between the front yard,
rear yard, the side lot lines and the nearest principal building or
principal structure located on said lot.
On corner lots, the space located between the front yard, rear
yard, side lot line and the nearest principal building or principal
structure located on said lot.
On through lots, the space(s) located between the first front
yard defined for through lots in "yard, front" above, the rear yard,
the side lot line(s) and the nearest principal building or principal
structure located on said lot.
The depth of the side yard(s) shall be measured perpendicular
to the side lot line(s).
See yards illustration, below, for examples using various lot configurations. For uncommon lot configurations, the Zoning Officer shall determine the front, rear and side yards, as set forth in § 190-119A(5).
 FRONT, SIDE AND REAR YARDS-EXAMPLES
|
See "zoning district" below.
An area delineated by this chapter within which uniform regulations
and requirements govern the use, placement, spacing and size of land
and buildings.
A document signed by the Zoning Officer which is required
by this chapter as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, alteration, conversion
or installation of a structure or building and which acknowledges
that such use, structure or building complies with the provisions
of the zoning regulations or variance therefrom duly authorized by
a Village agency pursuant to the provisions of the New Jersey Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[Added 4-9-2008 by Ord. No. 3109]
[1]
Editor's Note: This ordinance also repealed
the former definitions of "community residence for persons with head
injuries," "community residence for the developmentally disabled,"
and "community shelter for victims of domestic violence," which were
previously included in this section.
[2]
Editor’s Note: This ordinance provided that it shall
take effect after execution of a settlement agreement that resolves
West Bergen Mental Healthcare’s objection to the Village’s
housing element and fair share plan and after COAH’s approval
of such agreement.
[3]
Editor's Note: The definition of "erosion," added 3-8-2006 by Ord. No. 2983, which immediately followed this definition, was repealed 1-7-2007 by Ord. No. 3035. See now § 190-83.
[4]
Editor’s Note: The definition of "fast-food restaurant,"
which immediately followed this definition, was repealed 12-14-2011
by Ord. No. 3323.
[5]
Editor's Note: The definition of "height of
building," as amended, which immediately followed this definition,
was repealed 5-14-2008 by Ord. No. 3120.
[6]
Editor's Note: The definition of "impervious surface," added 3-8-2006 by Ord. No. 2983, which immediately followed this definition, was repealed 1-7-2007 by Ord. No. 3035. See now § 190-83.
[7]
Editor's Note: The definition of "infiltration," added 3-8-2006 by Ord. No. 2983, which immediately followed this definition, was repealed 1-7-2007 by Ord. No. 3035. See now § 190-83.
[8]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[9]
Editor's Note: The definition of "major development," added 3-8-2006 by Ord. No. 2983, which immediately followed this definition, was repealed 1-7-2007 by Ord. No. 3035. See now § 190-83.
[10]
Editor's Note: The definition of "normal grade,"
added 3-12-2003 by Ord. No. 2818, as amended, which immediately followed
this definition, was repealed 5-14-2008 by Ord. No. 3120.
[11]
Editor's Note: The definition of "recharge," added 3-8-2006 by Ord. No. 2983, which immediately followed this definition, was repealed 1-7-2007 by Ord. No. 3035. See now § 190-83.
[12]
Editor's Note: The definition of "sediment," added 3-8-2006 by Ord. No. 2983, which immediately followed this definition, was repealed 1-7-2007 by Ord. No. 3035. See now § 190-83.
