All words used in this chapter in the present
tense include the future tense; all words in the plural number include
the singular number, and all words in the singular number include
the plural number, unless the natural construction of the wording
indicates otherwise. Unless otherwise specified, all distances shall
be measured horizontally. The word "building" includes the word "structure";
the word "lot" includes the word "plot"; the word "used" shall be
deemed also to include "designed, intended or arranged to be used";
the term erected" shall be deemed also to include "constructed," reconstructed,"
"altered" or "moved"; and the word "shall" is mandatory and not directory.
The word "zone" includes the word "district"; the word "City" means
the "City of Clifton, in the County of Passaic, State of New Jersey."
The terms "City Council," "Board of Adjustment," "Planning Board,"
"administrative officer" and "Zoning Officer" mean the respective
said boards and officers of said City.
For the purposes of this chapter, certain words
and terms used herein are defined as follows:
ATTIC
A space directly below a pitched roof and located between
the roof rafters and the ceiling beams of the story below. An attic
may be used in conjunction with the floor below it, provided that
is used as set forth in accordance with the Zoning Analysis, dated
August 1996, and incorporated herein by reference. An attic may not
be used for sleeping purposes. A bathroom, either partial or full,
and/or a kitchen shall not be permitted.
[Amended 10-1-1996 by Ord. No. 5844-96; 1-15-2002 by Ord. No. 6259-02]
AUTOMOBILE SALES
The use of any building, land area or other premises for
the display and sale of new or used automobiles generally, including
light trucks, vans, trailers or recreation vehicles, and including
any vehicle preparation or repair work conducted as an accessory use.
[Added 10-15-1996 by Ord. No. 5846-96]
AWNING
A temporary or permanent roof-like cover or canopy attached
to and projecting from a building, as an appurtenance to the building.
An awning may function as protection from weather and sunlight or
be ornamental and may be fixed or retractable.
[Added 10-16-1990 by Ord. No. 5450-90]
BASEMENT
A story partly underground and having more than one-half
of its clear height below the finished grade. A basement shall not
be considered a story for the purposes of height measurement in determining
the permissible number of stories when used solely for incidental
or accessory storage or for the housing of mechanical equipment, to
include a hot water heater and furnace, for a washer, dryer, recreation
room and a bathroom, either partial or full. A basement may not be
used for sleeping purposes. A bathroom shall not be permitted in the
basement, except that a partial bathroom may be permitted, provided
that the only access to same is through an existing dwelling unit.
[Amended 7-18-1995 by Ord. No. 5752-95; 10-1-1996 by Ord. No. 5844-96; 6-20-2000 by Ord. No. 6141-00; 1-15-2002 by Ord. No. 6259-02; 5-18-2004 by Ord. No. 6411-04; 9-4-2012 by Ord. No. 7050-12]
BATHROOM (FULL)
Any enclosed space which contains a bathtub or shower, a
water closet (toilet) and a sink or fixtures serving similar purposes.
[Added 5-18-2004 by Ord. No. 6411-04; amended 9-4-2012 by Ord. No. 7050-12]
BATHROOM (PARTIAL)
Any enclosed space which contains a water closet (toilet)
and a sink or fixtures serving a similar purpose.
[Added 5-18-2004 by Ord. No. 6411-04; amended 9-4-2012 by Ord. No. 7050-12]
BLOCK
That property abutting on one side of a street and lying
between the two nearest intersecting or intercepting streets, or nearest
intersecting or intercepting street and railroad right-of-way, parking
boundary or waterway.
BUILDING
Any structure or edifice designed or intended for use as
an enclosure, shelter, protection or support of persons, animals or
property.
BUILDING, ACCESSORY
A subordinate building, the use of which is customarily incidental
to that of the main or principal building on the same lot.
BUILDING AREA
The total of areas taken on a horizontal plane at the largest
level of the principal building and all accessory buildings, exclusive
of uncovered porches, terraces and steps.
BUILDING LINE
A line parallel to the front lot line and removed from it
by the depth of the required front yard.
CLUB
Premises or a building reserved for the exclusive use of
members of an organization and their guests for civic, charitable,
social or recreational purposes not conducted for gain.
COMMERCIAL LABORATORY
A laboratory which is not accessory to the principal manufacturing
or processing use on the same lot.
COMMERCIAL VEHICLES
Every type of vehicle used for commercial purposes, such
as transportation of goods, wares, merchandise and passengers, except
vehicles of the passenger-car type and the type commonly known as
"station wagons," but including trailers and construction equipment
of every kind.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development, and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
CONDITIONAL USE
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 the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Planning Board.
CORPORATE SUITES
One or more buildings containing suites/occupancy units available
to the public, with or without meals. The suites/occupancy units may
be contracted for occupancy on a transient and nontransient basis.
The minimum size for such suite/occupancy units shall not be less
than 350 heated square feet and shall include facilities for living,
sleeping, eating, cooking, and sanitation. No such suite/occupancy
unit shall have more than two bedrooms.
[Added 11-15-2003 by Ord. No. 6377-03]
COURT
An unoccupied space on a lot other than a yard. An outer
court is one that extends to a street line or to a front or rear yard.
An inner court is any other court.
COVERAGE
The percentage of the lot covered by the principal and accessory
building area.
CURB LEVEL
The mean curb level as established by the Municipal Council
or, in the absence of an established curb level, the mean level of
the existing curb or of the lot at the street line.
DANCE HALL
Any ballroom, hall, area or other like place used for the
purpose of social dancing, regardless of whether or not a fee or charge
is made, either upon entering the premises or per dance. Nothing herein
contained shall be construed to apply to the premises of a bona fide
public or parochial school, hotel, restaurant, tavern, civic center,
religious, charitable, fraternal or veterans' organization wherein
dancing is conducted.
DAY-CARE CENTER
Any public, private or parochial child-care center, school
age child care program, day nursery school, kindergarten, play school
or other similar school or service.
[Added 9-2-1997 by Ord. No. 5911-97]
DISABLED VEHICLE
A vehicle in, upon or by which a person or property may be
transported, which is in such state or condition that it is incapable
or unlawful of being operated under its own power on the streets or
highways.
DISPATCH SERVICES
Any use that primarily involves motor vehicles to provide
transportation-related services such as but not limited to taxis,
buses, limousines and ambulances on an as-needed basis involving direct
customer contact at the time the service is required.
[Added 7-6-1999 by Ord. No. 6064-99]
DISTRICT, MORE RESTRICTED, or DISTRICT, LESS RESTRICTED
In the following list, each district shall be deemed to be
more restricted than the districts the symbols for which follow it:
R-A1, R-A2, R-A3, R-B1, R-B2, R-B3, R-HR, B-A, B-A1, B-B, B-C, PD-1,
PD-2, PCD, PCRD, B-D, M-1, M-2 and M-3. Individual uses shall be deemed
to be more restricted or less restricted in accordance with their
classification in the foregoing list of districts.
[Amended 5-5-1981 by Ord. No. 4641-81; 12-30-1981 by Ord. No. 4683-81; 3-2-1982 by Ord. No. 4705-82; 5-3-1983 by Ord. No. 4805-83; 7-2-1985 by Ord. No. 4988-85; 3-1-1988 by Ord. No. 5249-88]
DISTRICT, R; DISTRICT, B; or DISTRICT, M
The term "R District" means any district the symbol for which
includes the letter "R" as its first letter, plus the PD-2 District;
the term "B District" means any district the symbol for which includes
the letter "B" as its first letter; and the term "M District" means
any district the symbol for which includes the letter "M" as its first
letter. The term "B District" shall include the PCD District and the
PCRD District.
[Amended 5-5-1981 by Ord. No. 4641-81; 12-30-1981 by Ord. No. 4683-81; 1-5-1982 by Ord. No. 4687-82; 3-2-1982 by Ord. No. 4705-82; 3-1-1988 by Ord. No. 5249-88]
DRIVEWAY
An area leading from a public or private thoroughfare into
any property used especially by automobiles and surfaced with macadam,
concrete or crushed stone.
DWELLING
A building containing only dwelling units. The terms "dwelling,"
"one-family dwelling," "two-family dwelling," "multifamily dwelling"
or "dwelling group" shall not be deemed to include hotels or other
accommodations used for more or less transient occupancy.
DWELLING GROUP (GARDEN APARTMENT)
A group of two or more multifamily dwellings having any yard
or court in common. Where common wall construction is used, a building
in a "dwelling group" shall contain not fewer than four nor more than
12 dwelling units. Where an interior corridor is used, a building
in a "dwelling group" shall contain not fewer than eight nor more
than 24 dwelling units.
DWELLING, MID-RISE
A multifamily dwelling of more than three stories and less
than six stories and served by an elevator serving each floor.
[Added 10-6-1998 by Ord. No. 6002-98]
DWELLING UNIT
Any room or group of rooms located within a building forming
a single habitable unit with facilities which are used, designed or
arranged to be used for living, sleeping, cooking and sanitary facilities.
A dwelling unit shall only be permitted to have one kitchen. If the
dwelling unit contains a basement, a full bathroom shall not be permitted
in the basement. A partial bathroom shall be permitted (a sink and
lavatory), provided the only access to same is through an existing
dwelling unit. If the dwelling unit contains an attic, a bathroom,
either partial or full, shall not be permitted in the attic.
[Amended 7-18-1995 by Ord. No. 5752-95; 10-1-1996 by Ord. No. 5844-96; 7-20-1999 by Ord. No. 6072-99; 1-15-2002 by Ord. No. 6259-02; 5-18-2004 by Ord. No. 6411-04]
FAMILY
One or more persons related by blood, marriage or adoption
and, in addition, not more than one roomer or boarder, and domestic
servants; or a group of persons living together in a single nonprofit
housekeeping unit bearing the generic character of a family unit,
as a relatively permanent household; excluding, however, a group of
unrelated individuals living together in a dwelling unit where sleeping
accommodations are rented or leased to more than one such individual
on a room-by-room basis, with or without meals, commonly known as
a "rooming, boarding- or lodging house."
[Amended 9-19-1988 by Ord. No. 5297-88]
FLAT
A multifamily dwelling of three stories or less.
[Added 10-6-1998 by Ord. No. 6002-98]
FLOOR AREA, GROSS
The sum of the total horizontal areas of the several floors
of a building, measured between the interior faces of the exterior
walls, the horizontal area at each level devoted to stairwells and
elevators shafts and any other space not specifically excluded herein.
It does not include unenclosed porches; exterior balconies; any floor
space intended and designed to be used solely for the parking of motor
vehicles in order to meet the parking requirements of this section;
and any interior space designed to be used for off-street loading.
[Added 12-15-1992 by Ord. No. 5610-92]
FLOOR AREA, NET
Existing or potential area within a building exclusive of
corridors, storage rooms, washrooms, basements, porches, breezeways
and garages.
GARAGE, ACCESSORY
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use.
GARAGE, AUTO BODY
A building or part thereof used for auto body work, auto
body spray painting and auto body welding.
GARAGE, PARKING
A building, or part thereof, other than an accessory or auto
body or repair garage, used for the parking of passenger vehicles,
and which may include servicing of said vehicles as an incidental
use if conducted within the structure.
GARAGE, REPAIR
A building or part thereof, other than an accessory or parking
garage, used for the storage, care or repair of motor vehicles, including
the sale of fuel and lubricants, but not including auto body work,
welding or spray-painting.
GARAGE, RESIDENTIAL ACCESSORY
An accessory building or part of a main building on a residential
property used only for the storage of motor vehicles as an accessory
use. A "slop sink" only may be permitted as part of a residential
accessory garage.
[Added 6-6-2001 by Ord. No. 6202-01]
GASOLINE FILLING STATION
An area of land, including structures thereon, that is used
primarily for the retail sale and direct delivery to motor vehicles
of gasoline and lubricating oil, but not auto body work, welding,
spray painting or major repair work, nor car washing except where
it is incidental to general servicing of the vehicle.
GRADE
The curb level on a level lot. Where the lot level is higher
or lower than the curb level, the average level along the wall in
question shall be taken as the base for measuring the height of a
building, a yard or a court.
HEIGHT OF BUILDING
The vertical distance in the case of gable roofs and hip
roofs to the mean level between the eaves and the highest point of
the roof, and in all other cases to the level of the highest point
of the roof, measured from the curb level if the building is not more
than 10 feet distant from the front line, and from the average ground
level at the sides of the buildings in all other cases.
[Amended 5-1-1990 by Ord. No. 5415-90; 10-2-1990 by Ord. No. 5446-90]
HOME PROFESSION
A profession which is customarily carried on in a dwelling
by a member of the resident family, the profession being incidental
and secondary to the use of the dwelling for dwelling purposes and
not resulting in a change of the character thereof. The following
are deemed to be in this category: physician, dentist, surgeon, chiropractor,
accountant, licensed insurance or real estate agent and broker, clergyman,
lawyer, engineer, architect and professional artist.
HOTEL
A building of not fewer than four stories in height served
with passenger elevators wherein is provided lodging and accommodation
for pay for transients.
JUNKYARD
The use of more than 100 square feet of the area of any lot
for the storage, keeping, placing, collecting, storing or abandoning
thereof of any waste or discarded material, old lumber or materials
obtained from dismantled or demolished buildings, old iron or other
metal or substance, glass, paper, machine parts, accessories, discarded
machinery or machines, in whole or in part, and/or any material acquired
or collected commercially and commonly known as "junk" in the commonly
understood meaning of that word, or of any one or more of the above-mentioned
items, or the use of any portion of the area of any lot for the storage,
keeping or maintaining thereon of any motor vehicle or vehicles not
in legal operating condition or in compliance with legal requirements
for the highway use thereof, or for any motor vehicle part or parts.
KITCHEN
Any space containing plumbing fixtures in conjunction with
other facilities for the storage and preparation of food.
[Added 7-20-1999 by Ord. No. 6072-99]
LOADING SPACE
Any off-street space not less than 12 feet wide and 25 feet
long, surfaced to be available in all weather, suitable for the loading
or unloading of goods and having direct access to a street or alley.
LOT
A parcel of land under common ownership which is occupied
or can be occupied by a building and its accessory buildings or by
a group of buildings having any yard or court in common and the building
accessory to such group, together with the open space appurtenant
to such building or group, or which is used for the storage of goods
and wares or their display or sale, regardless of whether or not the
boundaries of such parcel coincide with the boundaries of lots or
parcels as shown on any map of record.
LOT, CORNER
A lot at the junction of and abutting on two or more intersecting
streets when the interior angle of intersection does not exceed 135º.
LOT COVERAGE
That portion of a lot covered by the largest floor area of
all structures, both principal and accessory.
LOT DEPTH
The mean horizontal distance between the front and rear lot
lines.
LOT FRONTAGE
The narrower side of the lot abutting a street, regardless
of the location of the principal entrance of a building thereon. Where
two lot lines abutting streets are of equal width, the owner shall
have a choice in designating which shall be the lot frontage.
LOT, PARKING
An area not within a building where passenger vehicles may
be stored for the purpose of short-term, daily or overnight off-street
parking.
LOT WIDTH
The mean width of a lot measured at right angles to its depth,
at the building setback line.
MARIJUANA
All parts of the plant genus Cannabis L., whether growing
or not, the seeds thereof, and every compound, manufacture, salt,
derivative, mixture, or preparation of the plant or its seeds, except
those containing resin extracted from the plant; but shall not include
the mature stalks of the plant, fiber produced from the stalks, oil,
or cake made from the seeds of the plant, any other compound, manufacture,
salt, derivative, mixture, or preparation of mature stalks, fiber,
oil, or cake, or the sterilized seed of the plant which is incapable
of germination.
[Added 9-4-2018 by Ord.
No. 7475-18]
MAJOR SITE PLAN
Any site plan not classified as a minor site plan.
[Added 12-5-1995 by Ord. No. 5771-95]
MINOR SITE PLAN
A development on one or more lots which proposes a new awning; does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to § 30 of P.L. 1975, c. 291 (Municipal Land Use Law, N.J.S.A. 40:55D-42); and contains the information required in §
461-38.1 in order to make an informed determination as to whether the requirements established by ordinance for approval of a minor site plan have been met.
[Added 12-5-1995 by Ord. No. 5771-95]
MOTEL or MOTOR INN
A building or group of buildings less than four stories in
height and used primarily to provide overnight shelter for transient
automotive travelers.
MOTORCYCLE
A motor-driven vehicle other than car, truck or moped, as
defined by the New Jersey Division of Motor Vehicles, N.J.S.A. 39:1-1.
NEW MOTOR VEHICLES
New four-wheel motor-driven vehicles designed for the transportation
of persons or property on the highway, including multiwheel trucks
and buses.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the Zoning
Ordinance, but which fails to conform to the requirements of the zoning
district in which it is located by reason of such adoption, revision
or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of the Zoning Ordinance, but which fails to
conform to the requirements of the zoning district in which it is
located by reason of such adoption, revision or amendment.
NURSERY SCHOOL
An organization the function and purpose of which is to provide
a structured, formal academic educational program for children of
preelementary school age which is staffed and equipped therefor in
compliance with applicable requirements of law and which maintains
a schedule of pupil attendance the same as or substantially similar
to the schedule of hours per day and days per academic year maintained
by the public elementary schools of the State of New Jersey.
NURSING HOME
A facility for medical or convalescent care of patients or
the elderly with full supervision and meeting the state requirements
for nursing homes.
OPEN SPACE
Any parcel or land area 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.
OVERLAY ZONE
A zoning district that encompasses one or more underlying
zones which govern the basic zoning requirements and provides the
option of alternative zoning requirements if the property or properties
affected are redeveloped at the request of the property owner.
[Added 10-15-1996 by Ord. No. 5845-96]
PARKING SPACE
An off-street space available for the parking of one motor
vehicle, being at least 10 feet wide and 20 feet in length, exclusive
of passageways and driveways appurtenant thereto, and having direct
usable access to a street or alley. All parking spaces, whether open
or enclosed, shall be paved in accordance with the Engineering Department
specifications.
PLACE OF PUBLIC ASSEMBLY
A meeting hall, clubhouse, auditorium, church, synagogue
or other structure, or portion of a structure, accommodating 10 or
more persons and used at regular or periodic intervals as a gathering
place for purposes of conference, deliberation, worship, entertainment,
amusement, recreation or education or performance of social, athletic
or cultural programs.
PLANNED COMMERCIAL AND RESIDENTIAL DISTRICT
An area of 10 acres or more to be developed in accordance
with a plan as a single entity (with or without staging) containing
one or more structures with appurtenant common areas to accommodate
commercial office uses or residential uses consisting of garden apartment
or townhouse dwelling groups and such accessory uses as permitted
by ordinance.
[Added 3-1-1988 by Ord. No. 5248-88]
PLANNED COMMERCIAL DEVELOPMENT
An area of five acres or more to be developed according to
a plan as a single entity containing one or more structures with appurtenant
common areas to accommodate commercial office uses or both and other
uses incidental to the predominant use as may be permitted by ordinance.
[Added 5-5-1981 by Ord. No. 4641-81; amended 12-30-1981 by Ord. No. 4683-81]
PLAYGROUND
An outdoor area open to the public where children play which
contains play equipment, such as a sliding board, swing, jungle gym,
sandbox or see-saw, or which is designated as a public play area or
which includes but is not limited to a baseball diamond or basketball
courts.
[Added 9-2-1997 by Ord. No. 5911-97]
PRACTITIONER
A physician, dentist, veterinarian, scientific investigator,
laboratory, pharmacy, hospital, or other person licensed, registered,
or otherwise permitted to distribute, dispense, conduct research with
respect to, or administer a controlled dangerous substance or controlled
substance analog in the course of professional practice or research
in this state.
[Added 9-4-2018 by Ord.
No. 7475-18]
A.
PHYSICIANA physician authorized by law to practice medicine in this or any other state and any other person authorized by law to treat sick and injured human beings in this or any other state.
B.
VETERINARIANA veterinarian authorized by law to practice veterinary medicine in this state.
C.
DENTISTA dentist authorized by law to practice dentistry in this state.
D.
HOSPITALAny federal institution, or any institution for the care and treatment of the sick and injured, operated or approved by the appropriate state department as proper to be entrusted with the custody and professional use of controlled dangerous substances or controlled substance analogs.
E.
LABORATORYA laboratory to be entrusted with the custody of narcotic drugs and the use of controlled dangerous substances or controlled substance analogs for scientific, experimental, and medical purposes and for purposes of instruction approved by the Department of Health.
PUBLICLY VISIBLE LOCATION [Added 9-2-1997 by Ord. No. 5911-97]
Any outdoor location visible to the public, including but
not limited to outdoor billboards, roofs and sides of buildings, water
towers and freestanding signboards, and doors or windows reasonably
visible to the public from the outside at a distance of two feet from
such doors or windows. The term "publicly visible location" shall
not include:
A.
Any location intended to be visible only by
those inside a premises.
C.
Any doors or windows of a multiple dwelling
unit.
RECREATIONAL FACILITIES ACCESSORY TO SENIOR CITIZEN HOUSING
Any area or areas (either indoor or outdoor) conveniently
located, containing facilities suitable for recreational use, designed,
intended and reserved for the use of the occupants of senior citizen
housing. Such recreation facilities shall consist of but not necessarily
be confined to terraces, walkways, sitting areas, game tables and
shuffleboard courts.
RECREATIONAL VEHICLE
A transportable structure, self-propelled or capable of being
towed by a passenger car, station wagon or small pickup truck, of
such size and weight as not to require any special highway movement
permits and designed, constructed or altered to provide temporary
movable living quarters for recreational, camping or travel use, but
not for profit nor commercial use, nor shall it be a movable home.
Recreational vehicle shall include but shall not be limited to campers,
travel trailers, camping trailers and motor homes. Recreational vehicle
shall not include motorized vehicles that are less than 18 feet in
overall length.
[Added 6-19-1990 by Ord. No. 5420-90; 10-2-1990 by Ord. No. 5445-90]
RESIDENTIAL CLUSTER
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appurtenance.
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land, including private, interior streets, easements and open space
portions of a development when planned as an integral part thereof.
RESTAURANT
An establishment serving food and/or beverages for consumption
within the building in which the food is prepared.
RESTAURANT, FAST-FOOD
An establishment where orders are primarily taken and food
is dispensed to the public at a takeout counter or drive-in window,
whether for on-premises or off-premises consumption, to include an
establishment which dispenses food prepared on the premises for consumption
off premises only.
[Amended 1-5-1993 by Ord. No. 5619-93]
ROOMING HOUSE
Any building or portion thereof or any single dwelling unit
containing sleeping accommodations for more than one person who is
not a member of the family, as defined in this article, occupying
said building, portion thereof or single dwelling unit. The term "rooming
house" shall be deemed to include lodging house and boardinghouse,
but not hotel or other accommodations used for more or less transient
occupancy.
SCHOOL, BUSINESS
A school limited to special instruction such as a business,
art, music, trades, handicraft, dancing or riding.
SCHOOL PREMISES
The building, grounds or facilities, or any portion thereof,
owned, occupied by or under the custody or control of public, private
or parochial institutions for the primary purpose of providing educational
instruction to students at or below the twelfth grade level.
[Added 9-2-1997 by Ord. No. 5911-97]
SCHOOL, PRIVATE
An elementary or intermediate school other than a parochial
school, giving regular instruction capable of meeting the requirements
of state compulsory education laws and approved as such and operating
at least five days a week for a normal school year and supported by
other than public funds, but not including a school for mental defectives
or a college or other institution of higher learning.
SENIOR CITIZEN HOUSING
Dwelling units contained in a multifamily structure or dwelling
designed, intended and reserved for the use of households, the single
member of which, or either the husband or wife of which, or any of
a number of siblings of which, or a parent of children of which, is
elderly or handicapped within the meaning of those terms as defined
from time to time by the New Jersey Housing Finance Agency or the
United States Department of Housing and Urban Development, except
that the foregoing provisions shall not apply to any resident manager
and/or the family of such resident manager who resides on the premises.
SERVICE ESTABLISHMENT
A business employing fewer than six employees and occupying
less than 2,000 square feet of floor area conducted to render a personal
service, including shoe repair shops, dry-cleaning shops and laundries,
or conducted to render a household service, including the repair of
watches, clocks, locks, furniture, radios, television sets and other
household appliances, but not including the repair of furnaces and
boilers, refrigerators, air conditioners and other articles of similar
bulk and weight.
SIGN
Any structure or part thereof or device attached thereto
or painted on or displayed in any manner 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. For the purposes
of this chapter, the word "sign" includes billboard, but does not
include a flag, pennant or insignia of any nation, state or other
political unit or of any political, educational, charitable, philanthropic,
civic, professional or religious organization or traffic directory
signs not exceeding four square feet in area. The dimensions of a
sign shall be considered as being the smallest rectangle enclosing
all letters, symbols and other devices.
[Amended 6-4-1984 by Ord. No. 4891-84; 7-2-1985 by Ord. No. 4988-85; 4-6-1999 by Ord. No. 6041-99]
A.
ADVERTISING SIGNA sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than upon the premises or not exclusively related to the premises.
B.
AWNING SIGNAn awning which includes letters, symbols, images, geometric shapes, logos or numbers; or any awning which is illuminated. Awnings which display only the street number of the subject premises and are not illuminated shall not be considered "awning signs."
[Added 10-16-1990 by Ord. No. 5450-90]
C.
BALLFIELD SIGNAny sign hung on the fence of a public or nonprofit ballfield, the revenues from which are to go to a nonprofit organization.
D.
BULLETIN BOARD SIGNAny sign used to announce events conducted upon, or to indicate the names of persons associated with, or the services offered upon the premises on which the sign is located.
E.
BUSINESS SIGNA sign which directs attention to a permitted profession, office, business, commercial enterprise or industry conducted upon the premises, which sign shall be deemed an integral part of that profession, office, business, commercial enterprise or industry.
F.
FLAT SIGNAny sign of solid face or open face construction which is placed against a building and attached to the exterior front, rear or side wall of any building. No part of any such sign shall extend above the top or beyond the ends of the wall surface to which it is attached.
G.
GROUND SIGNAny sign supported by uprights or braces or placed upon the ground, and not attached to any building.
H.
IDENTIFICATION SIGNAny sign used to identify the name or address of the building, attached or unattached to the building, or the name of the management thereof.
I.
NAMEPLATEA sign attached or unattached to a building or structure, showing the name and address of the person occupying the building, and not to exceed one square foot in area.
J.
POLITICAL SIGNA sign advancing the candidacy of any candidate or group of candidates for public office, expressly excluding, however, any such signs posted or displayed on existing commercial billboards by or with the consent of the owner thereof, and any such signs posted or displayed on licensed motor vehicles in operating condition; provided, however, that no such vehicle is parked or placed in any location for the purpose of displaying any such sign.
K.
PROJECTING SIGNAny sign which is attached to a building or other structure and extends beyond the line of said building or structure or beyond the surface of that portion of the building or structure to which it is attached.
L.
ROOF SIGNAny sign erected, constructed and maintained upon or over the roof of any building with the principal support of the roof structure.
M.
TEMPORARY SIGNA sign which includes for-sale, for-lease or for-rent signs, construction signs or any such sign of a temporary nature.
SITE PLAN
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, fighting
and screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter requiring review and approval of site plans by the Planning
Board or Board of Adjustment.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. In the case of a cathedral ceiling, a story shall be
the space between the floor and the interior roof above it. In a structure
having floors that do not extend across the entire length and width
of the structure at one height, commonly known as "split-level design,"
the number of stories shall be determined by counting the number of
floors directly over each other at that side of the building having
the greater number of floors or levels.
[Amended 5-1-1990 by Ord. No. 5415-90; 7-18-1995 by Ord. No. 5752-95; 10-1-1996 by Ord. No. 5844-96]
STORY, HALF
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping room
at a level not higher above the floor than five feet zero inches or
a portion of a building below a full story and at least more than
halfway below grade.
STREET
A public or private thoroughfare which affords the principal
means of access to abutting property, including avenue, place, way,
drive, lane, boulevard, highway, road or any other thoroughfare. A
"street" as used herein includes in its width the entire right-of-way.
STRUCTURE
Any combination of materials forming any construction, the
use of which requires location on the ground or under the ground,
or attachment to something having location on the ground or under
the ground except:
[Amended 9-4-2012 by Ord. No. 7050-12]
A.
Any area adjacent to a dwelling improved by
pavement or other construction material to be used for outdoor dining
or other recreational purposes commonly known as a "patio," provided
that the surface of said improved area shall be not more than 18 inches
above the ground level and that said improved area shall be without
walls or railings of any kind and without a roof, canopy and other
similar permanently fixed coverages; and
B.
Any permanently surfaced walkway or driveway
installed at ground level shall not be deemed to be a "structure"
within the meaning of that term as used in this chapter.
SUPERMARKET
A building used as a departmentalized, usually self-service,
retail market of a chain-store system or an independent selling foods
and other household merchandise and which contains a gross floor area
of 4,000 or more square feet.
TOBACCO ADVERTISEMENT
Any words, pictures, posters, placards, signs, photographs,
symbols, devices, graphic displays or visual images of any kind, or
any combination thereof, the purpose or effect of which is to promote
the use or sale of a tobacco product, including through the identification
of a brand of a tobacco product, including through the identification
of a brand of a tobacco product, a trademark of a tobacco product
or a trade name associated exclusively with a tobacco product.
[Added 9-2-1997 by Ord. No. 5911-97; amended 7-19-2022 by Ord. No. 7749-22]
TOBACCO PRODUCT
Any product made or derived from tobacco that is intended
for human consumption, including any component, part, or accessory
of a tobacco product (except for raw materials other than tobacco
used in manufacturing a component, part, or accessory of a tobacco
product). Products include, but are not limited to, the following:
cigarettes, cigars, smokeless tobacco, dissolvable tobacco, electronic
nicotine delivery systems, e-cigarettes, vaping devices, hookah, bidis,
and pipes.
[Added 7-19-2022 by Ord.
No. 7749-22]
TOWNHOUSE
A dwelling unit having no less than two stories and a common
or party wall with an adjacent dwelling unit.
TRACT
A parcel of land consisting of one or more lots which comprises
the total area of land to be developed in the Planned Commercial Development
Zoning District or in the Planned Commercial and Residential Zoning
District.
[Added 5-5-1981 by Ord. No. 4641-81; amended 12-30-1981 by Ord. No. 4683-81; 3-2-1982 by Ord. No. 4705-82; 3-1-1988 by Ord. No. 5249-88]
TRAILER or TRAILER CABIN
A vehicle without its own motive power, and mounted on wheels
or designed to be so mounted and transported.
USE
The specific purpose for which land or a building is designed,
arranged, intended, occupied or maintained. The term "permitted use"
or its equivalent shall be deemed to include any nonconforming use.
USE, ACCESSORY
A use which is customarily incidental and subordinate to
the principal use of a lot or a building and located on the same lot
therewith. In connection with commercial or manufacturing uses, the
storage of goods normally carried in stock, used in or produced by
such uses, unless the storage is expressly prohibited under the applicable
district regulations, shall be considered as an accessory use.
USED CAR LOT
Any area where two or more used motor vehicles are displayed,
stored or offered for sale.
[Amended 10-15-1996 by Ord. No. 5846-96]
USE, PRINCIPAL
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
VENDING MACHINE
A retail business device electrically or manually operated,
used by the general public to obtain dairy products, foodstuffs or
other merchandise without entering a public shop, store, market or
other such building.
YARD
An open space of uniform width or depth on the same lot with a building or group of buildings, which open space lies between the building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except for certain features specified in Article
IV, §
461-13F,
G and
H.
YARD, FRONT
A yard extending across the full width of the lot and lying
between the front line of the lot and the nearest point of the building.
YARD, REAR
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest point of the building.
YARD, SIDE
A yard between the side line of the lot and the nearest point
of the building and extending from the front yard to the rear yard
or, in the absence of either of such yards, to the front or rear lot
line, as the case may be.
YOUTH CENTER
Any designated indoor public, private or parochial facility,
other than a private residence or a multiple dwelling unit, which
contains programs which provide, on a regular basis, activities or
services for persons who have not yet reached the age of 18 years,
to include but not be limited to community-leased programs, after
school programs, weekend programs, violence prevention programs, leadership
development and vocational programs, substance abuse prevention programs,
individual or group counseling, case management, remedial, tutorial
or other educational assistance or enrichment, art, music, dance and
other recreational or cultural activities, physical fitness activities
and sports programs.
[Added 9-2-1997 by Ord. No. 5911-97]