In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Wherever the requirements of this chapter differ from the requirements of another chapter, the provisions of that chapter which imposes greater restrictions upon the use of buildings or premises or requires larger yards or other open spaces shall govern.
[Amended 5-8-1986 by Ord. No. 8-86]
This chapter is intended to serve the purposes set forth in N.J.S.A. 40:55D-1 et seq.
As used in this chapter, the following terms shall have the meanings indicated:
- A building or use which is clearly incidental or subordinate to the principal building or use and located on the same lot with such principal building or use. Any accessory building attached to a principal building is deemed to be part of the principal building in applying the bulk regulations to accessory buildings.
- AREA OF SIGN
- The surface area computed by drawing a rectangle touching
the outermost edges of letters comprising the sign, or the area established
by reason of distinctive variation in background color, by borders
or by some other equivalent manner, whichever is greater.[Amended 11-14-1985]
- A quantity of dirt, stone, fill or other suitable material
or combinations of material, which is mounded up by a property owner.[Added 9-13-1990 by Ord. No. 18-90]
- An outdoor signboard or surface used for announcements, advertising
posters or sign purposes.[Amended 11-14-1985]
- A portion of a lot along its front, rear or side lot line
which contains only landscaping elements and does not contain any
building, parking area or driveway, except that a front buffer may
contain one or more driveways connecting the lot with the street,
provided that such driveways are substantially perpendicular to the
front lot line.[Added 7-12-1984]
- Any combination of materials forming a construction. The term "building" is not intended to include underground construction which permits the use of the ground above as if no construction existed. The term "building" shall include the term "structure" as well as the following:
- A. Signs.
- B. Fences.
- C. Walls, except retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level.
- D. Radio and television antennas, except for such antennas installed on the roof of a building and extending not more than 15 feet above the highest level of the roof of such building.
- E. Porches, carports and other similar structures.
- BUILDING, COMPLETELY ENCLOSED
- A building separated on all sides from the adjacent open space or from other buildings or other structures by a permanent roof and by exterior walls or party walls pierced only by windows or normal entrance or exit doors.
- BUILDING COVERAGE
- The percentage of lot area which is improved with the principal
building and any accessory buildings. Roofs, porches or similar extensions
of any building shall be included as part of the building coverage.
Any eave or similar projection shall be considered a part of the building
for the computation of building coverage and the distance to the property
line.[Added 9-10-1981; amended 12-28-1995 by Ord. No. 20-95]
- BUILDING, DETACHED
- A building surrounded by open space on the same lot.
- A vehicle accommodating nine or more passengers and not classified as a station wagon by the manufacturer.
- COMMON OWNERSHIP
- Ownership of two or more contiguous parcels of real property by one person or by two or more persons owning such property jointly as tenants by the entirety or as tenants in common.
- DWELLING, ONE-FAMILY
- A detached building containing one dwelling unit only.
- DWELLING UNIT
- A building or entirely self-contained portion thereof containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, and having no enclosed space (other than vestibules, entranceways or other hallways or porches) or cooking or sanitary facilities in common with any other dwelling unit. A boarding- or rooming house, house trailer or other similar structures or vehicles shall not be deemed to constitute a dwelling unit.
- EARTH STATION ANTENNA (receiver only)
- An antenna, usually a dish antenna, whose purpose it is to
receive television signals.[Added 8-11-1983]
- EQUIPMENT, COMMERCIAL
- Any equipment such as log splitters, wood chippers, cement
mixers, bulldozers, track diggers, surface graders, payloaders, landscaping
and farm tractors or any other like equipment, either transported
on trailer or under its own power. Expressly excluded from the meaning
of this term are the typical homeowner lawn mower, lawn and garden
tractor with trailer, snowplow or blower or similar equipment.[Added 10-12-1994 by Ord. No. 15-94]
- Any number of persons, related or not, living together as
a single housekeeping unit.[Amended 5-8-1986 by Ord. No. 8-86]
- FLOOR AREA RATIO (FAR)
- The ratio, expressed as a percent, of total floor area to
total lot area.[Added 9-10-1981]
- The vertical distance measured from the lowest exposed or
adjacent grade of the building to the highest level of the roof, regardless
of the type of roof, measured from natural grade.[Amended 4-10-1996 by Ord. No. 1-96; 4-10-1999 by Ord. No. 3-99; 5-10-2000 by Ord. No. 5-00]
- A single building used in the business of furnishing sleeping
and eating accommodations to the general public of at least two separate
stories above ground level, containing:[Added 7-12-1984]
- A. At least 60 sleeping rooms, exclusive of public rooms and bathrooms.
- B. At least one restaurant within the building.
- C. A central entrance leading to a common lobby area, which lobby area shall contain the registration and service desk, which service desk shall be manned 24 hours a day.
- D. Sleeping rooms no less than 375 square feet in area, including closets and bathroom area.
- IMPROVEMENT COVERAGE
- The area on and under the ground, expressed as a percent
of total lot area, which is occupied or covered with the principal
and accessory buildings and all other improvements on or to the land,
including but not limited to parking areas, driveways, tennis courts,
curbing, sidewalks, walkways, lot entranceways, patios, swimming pools,
decks, signs, pads for air conditioning, lighting or other equipment,
retention and detention basins of pervious and impervious surfaces
and any other hard surface, whether or not paved by way of macadam,
concrete, bricks or other types of paving stones or blocks or surfaced
with stones or gravel. Excluded from this definition shall be retention
and detention basins that are constructed of natural materials, sewer,
drainage and utility lines, underground storage tanks, sculpture,
fountains or other artworks or ponds that are designed either to be
kept filled with water or to be kept landscaped when dry.[Added 9-10-1981; amended 12-28-1995 by Ord. No. 20-95]
- LIGHT MANUFACTURING
- The shaping, assembly and treatment of previously processed
raw materials by manual or machine operation, provided that any such
use shall not:[Added 7-12-1984]
- LIVABLE FLOOR AREA
- The floor area of a dwelling, excluding basements, cellars, rooms for heating equipment, garages and unenclosed porches, breezeways and other unheated areas, and including only such floor area under a sloping ceiling for which the headroom is not less than five feet six inches and then only if at least 75% of such floor area has a ceiling height of not less than seven feet six inches and if any such floor that is situated above another story has access to the floor below by a permanent built-in stairway.
- A parcel of land, exclusive of any adjoining street, the location, dimensions and boundary of which are determined by description, as on a subdivision map of record or an official map, or by metes and bounds, which is occupied or intended to be occupied by one building and, if any, its accessory buildings, or by a group of buildings as permitted by this chapter, and including such open spaces appurtenant to such building or group of buildings as are required by this chapter.
- Any building or group of buildings used in the business of
furnishing sleeping accommodations to the public, other than a hotel
as defined herein.[Added 7-12-1985]
- MULTIFAMILY DWELLING
- A building designed or intended to contain three or more
dwelling units located above, below or to the side of each other,
and which may share common facilities, such as entryways, hallways
and utility systems. This term may include apartments, condominiums,
and cooperatives.[Added 2-5-2015 by Ord. No. 1-15]
- NONCONFORMING BUILDING OR USE
- A building or use that does not conform to the regulations prescribed for the zone in which it is situated.
- NONCONFORMING LOT
- A lot or parcel which does not have the minimum width, depth or contain the minimum area for the district in which it is located.
- OFFICE BUILDING
- A building used primarily for business offices or where the
major use is business offices as opposed to retail, warehouse, residential
or manufacturing use.[Added 11-14-1985]
- PARKING BAY
- The parking unit comprising an aisle and the one or two rows of stalls served by it.
- PRIVATE SWIMMING POOL
- Includes any artificially constructed swimming pool or tank established or maintained upon any premises by any individual for his own or his family's use or for the use of guests of his household which has a capacity for water depth of more than 24 inches and whether maintained above the ground or below ground level.
- A specified distance from a lot line within which a building may not extend, except that all street lot line setback measurements are to commence 25 feet from the center line of the street or streets, except on State Highway Route 17, where all highway lot line setback measurements shall commence 60 feet from the center line of the highway.
- Any inscription written, printed, painted or otherwise placed
on a board, plate, banner or upon any material object or any device
whatsoever which, by reason of its form, color, wording, activity
or technique or otherwise, attracts attention to itself, used as a
means of identification, advertisement or announcement. As used in
this chapter, the term shall apply only to such signs as are visible
to persons located outdoors.[Amended 11-14-1985]
- SINGLE OWNERSHIP
- Ownership by one person or by two or more persons, whether jointly, as tenants by the entirety or as tenants in common, of a separate parcel of real property.
- That portion of a building between the surface of any floor
and the surface of the floor above it, or if there is no floor above
it, then the space between the surface of the floor and the ceiling
above it.[Added 5-10-2000 by Ord. No. 5-00]
- STORY, FIRST
- The lowest story of the ground story of any building, the
floor of which is not more than 12 inches below the ground level of
the exterior walls of the building.[Added 5-10-2000 by Ord. No. 5-00]
- STORY, HALF
- A partial story under a gable, hip or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than four feet above the floor of such story.[Added 5-10-2000 by Ord. No. 5-00]
- TRAILER, HOUSE; MOTOR HOME; CAMPER; CAMPING VEHICLE; and CAMPING TRAILER
- Any vehicle used or intended to be used as a conveyance upon
the public streets or highways, whether or not licensed as such, and
includes self-propelled and non-self-propelled vehicles, as designed,
constructed, reconstructed or added to by means of accessories in
such a manner as to permit the occupancy thereof as a dwelling or
sleeping place for one or more persons and having no foundation other
than wheels, jacks or blocks.[Amended 2-8-1973]
- VEHICLE, COMMERCIAL
- Any motor vehicle or trailer displaying commercial registration
plates, or any motor vehicle or trailer having any permanent or temporary
name, logo or other symbol applied to the vehicle which identifies
it as a business or any attachment such as a toolbox, pipe rack, lumber
rack, liftgate, snowplow and/or associated hydraulics, or any other
accessory equipment that may indicate in any way that the vehicle
is being used for purposes other than personal nonbusiness transportation.[Added 10-12-1994 by Ord. No. 15-94]
- WADING POOL
- Any artificially constructed pool or tank which has the capacity for water depth of 24 inches or less and whether maintained above the ground or below the ground level.
For the purposes of this chapter, unless the context clearly requires a different meaning, the following general terms shall be construed as follows:
The term "shall" has a mandatory connotation and the term "may" has a permissive connotation.
A term in the singular number includes the plural, and vice versa.
A term in the present, past or future tense includes either of the other two tenses.
The verb "use" includes the phrase "or designed, intended or arranged to be used."
The noun "use" shall include the actual or intended occupancy or other employment of land or of a structure.
The term "person" shall include individual, firm, joint venture, association, partnership, syndicate, limited partnership, corporation, trust and any other form of business organization.
Whenever in the administration of this chapter it shall be necessary or desirable to define a term that has not hereinbefore been defined, reference shall be made to the definition (if any) of such term in:
The Municipal Land Use Law (N.J.S.A. 40:55D-1 et seq.).
The Code of the Borough of Upper Saddle River, as amended from time to time.
The State of New Jersey Revised Statutes, Cumulative Supplement and New Jersey statutes.