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 the words "designed, intended or arranged to
be used"; the term "erected" shall be deemed also to include the words
"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 Passaic, in the
County of Passaic, State of New Jersey. The terms "City Council,"
"Board of Adjustment," "Planning Board," "administrative officer"
and "Zoning Officer" shall mean the respective said boards and officers
of said city.
For the purpose of this Zoning Ordinance, certain
words and terms used herein are defined as follows:
Housing which is available to low-income (50% or less of
the same-size household median income for the standard metropolitan
statistical area) or to moderate-income (50% to 80% of the same-size
household median income for the standard metropolitan statistical
area) households for which the household pays no more than 30% of
its income for housing; "housing costs" include rent or mortgage,
tax and insurance payments, plus utility costs.
A person regularly engaged in the fine arts as a career and
not as a hobby and is so certified by the Planning Board. An artist
is committed to his or her work, has a body of work that demonstrates
the development of that art and intends to pursue that work for the
foreseeable future. The fine arts shall include, but not be limited
to, painting, sculpture, choreography and the composition of music.
[Added 3-5-1998 by Ord. No. 1435-98]
As defined by Chapter 125, Dwelling Units, of the City Code.
[Amended 9-18-1997 by Ord. No. 1416-97]
Any land, building or part of a building, the principal use
of which is the washing of motor vehicles for monetary or other valuable
consideration.
The use of any building, land area or other premises for
the display and sale of new or used automobiles, panel trucks or vans,
trailers or recreational vehicles, and including any warranty repair
work and other repair service conducted as an accessory use. Used
automobile sales shall only be permitted as an accessory to a new
automobile dealership.
[Added 9-17-1987 by Ord. No. 990-87]
[Repealed 9-17-1987 by Ord. No.
990-87]
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; it may be fixed or retractable.
[Added 4-15-1993 by Ord. No. 1214-93]
A story partly underground and having more than 1/2 of its
clear height below the finished grade. A basement shall not be considered
a story for 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.
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, park
boundary or waterway.
Any building which contains two or more units of dwelling
space arranged or intended for single-room occupancy, exclusive of
any unit occupied by an owner or operator wherein personal or financial
services are provided for the residents, including residential hotels
or congregate living arrangements, but excluding any hotel, motel
or established guest house wherein a minimum of 85% of the units of
dwelling space are offered for limited tenure only, any foster home
as defined in N.J.S.A. 30:4C-26.1, any community residence for the
developmentally disabled as defined in N.J.S.A. 30:11B-2, any dormitory
owned or operated on behalf of a nonprofit institution of primary,
secondary or higher education for the use of its students, any building
arranged for single-room occupancy wherein the units of dwelling space
are occupied exclusively by students enrolled in a full-time course
of study at an institution of higher education approved by the Department
of Higher Education, any facility or living arrangement operated by
or under contract with any state department or agency, upon the written
authorization of the Commissioner, and any owner-occupied one-family
residential dwelling made available for occupancy by not more than
six guests where the primary purpose of the occupancy is to provide
charitable assistance to the guests and where the owner derives no
income from the occupancy. A dwelling shall be deemed "owner occupied"
within the meaning hereof if it is owned or operated by a nonprofit
religious or charitable association or corporation and is used as
the principal residence of a minister or employee of that corporation
or association.
[Added 7-7-1988 by Ord. No. 1026-88]
Any structure or edifice designed or intended for use as
an enclosure, shelter, protection or support of persons, animals or
property.
A subordinate building, deck or at-grade patio, the use of
which is customarily incidental to that of the main building on the
same lot.
[Amended 6-1-1995 by Ord. No. 1330-95]
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.
A line parallel to the front lot line and removed from it
by the depth of the required front yard.
A building in which is conducted the principal use of the
lot on which it is situated.
As defined by Chapter 125, Dwelling Units, of the City Code.
[Added 9-18-1997 by Ord. No. 1416-97]
An organization of which at least 2/3 of its membership shall
be legal residents and/or taxpayers or persons connected with or employed
by taxpaying firms of the City of Passaic, which list of names shall
be exhibited for inspection by the Construction Official or Zoning
Officer or Police Department and which club shall possess a certified
copy of the club's certificate of incorporation and bylaws and a verified
list of all its members, its principal officers and directors.
Every type of vehicle used for commercial purposes, such
as transportation of goods, wares, merchandise and passengers, excepting
vehicles of the passenger-car type and type commonly known as "station
wagons," but including trailers and construction equipment of every
kind.
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.
A library, theater, exhibition or meeting rooms or other
facilities designed, intended and reserved for the use of the occupants
of senior housing for recreational, social, cultural or health-improvement
purposes.
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.
An all-encompassing term that includes any type of indoor
agriculture, like greenhouses, hydroponic systems, and vertical farms,
where plants grow within a controlled environment to optimize horticultural
practices.
[Added 12-20-2022 by Ord. No. 2370-22]
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."
The mean level of the existing curb or of the lot at the
street line.
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.
See "residential density."
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.
In the following list, each district shall be deemed to be
more restricted than the symbols for which succeed it and less restricted
than the districts the symbols for which precede it: R-1, R-2, R-1A,
R-3, PD, O-R, C-R, C, M-1 and M-2. Individual uses shall be deemed
to be more restricted or less restricted in accordance with their
classification in the foregoing list of districts.
A facility wherein means are provided for the transacting
of banking business from the vehicle of a customer.
A facility where a patron(s) may be served food and drink
by an attendant while remaining in the vehicle or a patron(s) may
obtain food or drink on premises for consumption in the vehicle without
attendant services.
All establishments of a retail or commercial nature involving
a drive-in facility, including, but not limited to, drive-in banks,
drive-in photo services, fast-food restaurants. This shall include
all facilities wherein the recipient of a product or service receives
such product or service while in a car or in which a product is prepared
and supplied for consumption in the recipient's car, such service
or consumption taking place upon the premises of the facility; but
shall not include gas stations or car washes.
An area leading from a public or private thoroughfare into
any property, used especially by automobiles and surfaced with macadam,
concrete or crushed stone.
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 a hotel, rooming
house, motel or other accommodations used for more or less transient
occupancy.
A group of two or more garden apartment or townhouse structures
occupying a lot in one ownership with any two or more buildings having
a court in common. Connecting two or more buildings by use of false
facades, bridging or other decorative device will not remove them
from the dwelling group category.
[Amended 9-17-1987 by Ord. No. 990-87]
A building or portion thereof containing three or more dwelling
units.
A dwelling or portion thereof containing three or more dwelling units, consisting of four or more stories, containing one or more elevators and having as an accessory use on the same lot parking spaces in accordance with Article VII.
A building containing one dwelling unit only.
A detached building containing two dwelling units only.
A building or portion thereof having cooking and plumbing
facilities for one family.
One or more persons occupying the premises and living as
a bona fide single housekeeping unit, but not including a group occupying
a boardinghouse, lodging house, club, fraternity, commune or hotel.
An artificially constructed barrier of any material or combination
of materials erected to enclose, screen, or separate areas, whether
that barrier is temporary or permanent.
[Added 9-11-2007 by Ord. No. 1735-07]
The sum of the gross areas of the several floors of a building
or buildings, measured from the interior faces of the exterior walls
or from the center lines of walls separating two buildings.
Existing or potential area within a building, exclusive of
basements, porches, breezeways, garages or any areas immediately beneath
the roof rafters in which the finished ceiling height is or will be
less than six feet above the finished floor under a pitched roof or
seven feet 10 inches under a flat roof.
The ratio of the aggregate area of all floors, measured at
the exterior walls thereof, to the area of the lot.
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use.
A building or part thereof, other than an accessory or parking
garage, used for auto body repair, welding or painting of motor vehicles.
A building or part thereof, other than an accessory or repair
garage, used for the storage of passenger vehicles and which may include
servicing of said vehicles as an incidental use.
A building, or part thereof, other than an accessory or parking
garage, used for the care or mechanical repair of motor vehicles,
but specifically excluding auto body work, welding or painting of
motor vehicles.
[Amended 4-18-1985 by Ord. No. 842-85]
A group of two or more multifamily dwellings three stories
or less in height, occupying a lot in one ownership, with any two
or more buildings having any yard or court in common.
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 and mechanical repairs, but not auto
body work, welding or painting or repair work on buses or trucks of
1Â 1/2 tons in capacity or more.
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.
The vertical distance measured from the curb level if the
building is not more than 10 feet distant from the front lot line
and from the average ground level at the sides of the building in
all other cases to the highest roof beam (ridge). In the case of flat
roofs, to the highest point of the roof, including parapet walls.
[Amended 10-9-2007 by Ord. No. 1743-07]
A use customarily carried on in a dwelling by a member of the resident family, with no more than one nonresident employee, the occupation or profession being clearly incidental and secondary to the use of the dwelling for dwelling purposes and not resulting in the change of the character thereof. There shall be no display visible to the exterior that would indicate the building is used in whole or in part for any purpose other than a dwelling and no sale or long-term storage of goods on the premises. The following shall be considered "home occupations and home professions": artist, instruction or teaching of art, music, voice, dance or sculpture; provided, however, that such instruction or teaching is limited to one student at a time; physician, surgeon, dentist, lawyer, architect, clergyman, accountant, engineer and licensed real estate and insurance broker; Uber/Uber Black/Lyft/Lyft Lux; and similar occupations and professions. The following shall not be considered customary "home occupations or home professions": beauty parlor, undertaking parlor, massage parlor, tattoo parlor, barbershop, electrolysis parlor and animal hospital or care facility. Any space within a dwelling devoted to a "home occupation" or a "home profession" shall be located in the basement or on the first floor and shall not exceed 35% of the floor area of the dwelling. Off-street parking shall be provided in accordance with Article VII.
[Amended 12-20-2022 by Ord. No. 2373-22]
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, sanatorium, preventorium, clinic and
other place for the diagnosis, treatment or other care of ailments
containing beds for four or more patients and shall be deemed to be
limited to places for the diagnosis, treatment or other care of human
ailments.
Any building or portion thereof containing sleeping accommodations
for 15 or more persons who are not members of a family as defined
in this section.
A building, structure, or location specifically designed,
arranged, altered, used, and/or erected for the sole purpose of religious
worship, praise, honor, devotion, and related uses thereto.
[Amended 10-9-2007 by Ord. No. 1743-07]
The practice and process of growing crops and produce in
vertically stacked layers. Vertical farming uses controlled-environment
agriculture (CEA) which optimizes plant growth by using soilless fanning
techniques such as hydroponics, aquaponics, and aeroponics.
[Added 12-20-2022 by Ord. No. 2370-22]
Scrap metals or other scrap materials, including used automobile
parts, not specifically set forth as recyclable materials either in
state statute or municipal ordinances, whichever are more restrictive.
Any vehicle which is not currently registered and insured and/or which
cannot be started by the turning of a key in the ignition lock shall
constitute a "junk vehicle," except that one such vehicle kept in
a garage owned or leased by the vehicle owner shall be exempt from
such designation.
[Added 9-17-1987 by Ord. No. 990-87]
The use of any space, whether inside or outside a building,
for the storage, keeping or abandonment of junk, including scrap metals
or other scrap materials, or for the dismantling, demolition or abandonment
of automobiles or other vehicles or machinery or parts thereof, provided
that this definition shall not apply to any such use conducted solely
as an accessory use occupying not more than 100 square feet of the
area of any lot other than any portion of that half thereof that adjoins
any street.
A single enclosed private space of 1,200 square feet or more,
with a minimum of ten-foot ceiling heights, where at least 1/3 of
the volume of the total space is devoted to work space to be used
by the resident to operate his/her business. There shall be no more
than two nonresident employees. The following is a list of example
uses permissible as live/work lofts: instruction or teaching of art,
music, voice, dance, sculpture, etc.; physician, surgeon, dentist,
lawyer, architect, clergyman, accountant, engineer, licensed real
estate and insurance broker; and similar business professional offices.
[Added 11-9-2010 by Ord. No. 1849-10]
Any off-street space available for the loading or unloading
of goods not less than 15 feet wide, 40 feet long and 16 feet high
and having direct usable access to a street or alley, except that
where one such loading space has been provided, any additional loading
space lying alongside, contiguous to and not separated from such first
loading space need not be wider than 12 feet.
A parcel of land, having frontage on a street, which is occupied
or to be occupied by a building and its accessory buildings or by
a group of buildings having any yard or court in common and the buildings
accessory to such group, together with the open spaces appurtenant
to such building or group, 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.
The total horizontal area included within lot lines.
A lot at the junction of and abutting on two or more intersecting
streets, when the interior angle of intersection does not exceed 135°.
That portion of a lot covered by the largest floor area of
all structures, both principal and accessory, but excluding decks,
pools and at-grade patios.
[Amended 9-17-1987 by Ord. No. 990-87; 6-1-1995 by Ord. No. 1330-95]
The mean horizontal distance between the front and rear lot
lines.
The narrower side of the lot abutting a street, regardless
of the location of the principal entrance of a building thereon.
An area not within a building where passenger vehicles may
be stored for the purpose of daily or overnight off-street parking.
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 reasons of such adoption, revision
or amendment.
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 reasons of such adoption, revision or amendment.
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.
A facility for medical or convalescent care of patients or
the elderly with full supervision and meeting the state requirements
for nursing homes.
Ground level landscaped yards, walkways, outdoor recreation
space, water areas, swimming pools and other landscaped areas. Open
space may not include balconies, paved yards, parking lots and driveways.
An open space area shall not have any dimension measuring fewer than
five feet.
[Amended 9-17-1987 by Ord. No. 990-87]
An off-street space available for the parking of one motor
vehicle, having dimensions of not less than nine feet in width and
19 feet in length, exclusive of passageways and driveways and giving
access thereto, and having direct usable access to a street or alley.
A structure. such as a fence, wall or other similar structure,
built or erected to bar passage.
[Added 1-6-2003 by Ord. No. 1556-02]
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 the purposes of conference, deliberation, worship, entertainment,
amusement, recreation or education or performance of social, athletic
or cultural programs.
A room or series of rooms used in the pursuit of an occupation,
vocation or calling which requires specialized knowledge used in instructing,
guiding or advising others or in serving them in some applied science
or art as would a doctor of medicine, osteopath, chiropractor, psychiatrist,
dentist, lawyer, engineer, architect or surveyor or rendering a specialized
service as would a business consultant or accountant; and containing
such equipment and/or instruments as are customarily required for
the practice of the occupant's profession. For the purposes of this
definition, "professional office" shall be deemed to also include
space used for instruction by a teacher of voice, music, dance or
the graphic arts, when such instruction is limited to one student
at a time; provided, however, that the operation of an undertaking
establishment shall not be deemed to be a professional use, nor shall
provision of overnight sleeping accommodations for patients, the display,
sale or storage of goods or the care or treatment of animals be deemed
a "professional office" use.
An operation, wholly enclosed within a building, wherein specified materials are delivered in bulk, baled, crushed or similarly treated and shipped to another site to be reused. Specified materials are high-grade paper, newsprint, glass and aluminum as more fully defined in Chapter 230, Recycling. Except for baling, crushing or similar treatments, no processing of the specified materials shall take place at the site of any recycling center, and no site, business, operation or such which deals in any material in addition to those specified herein shall be classified as a recycling center.
[Added 9-17-1987 by Ord. No. 990-87]
Conduct of any religious services, parochial schools or similar
schools for religious instruction, Sunday school, Bible class, parish
house or convent, place of residence for rabbis, priests or ministers,
rooms or offices for religious meetings, services or gatherings and
parking areas related thereto.
Means 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.
An establishment serving food and/or beverages for consumption
within the building in which the food is prepared.
An establishment where orders are primarily taken and food
is dispensed to the public packaged in paper or other disposable containers
or wrappers at a counter or drive-in window, whether for on-premises
or off-premises consumption (excluding a luncheonette, diner, tavern,
counter or bar service).
A boardinghouse wherein no personal or financial services
are provided to the residents.
[Amended 7-7-1988 by Ord. No. 1026-88]
A public or private school or college giving regular instruction
at least five days a week for a normal school year, but not including
a school or college giving special or limited instruction, such as
a business, art, music, dancing or riding school or a school for the
mentally incapacitated.
[Amended 10-9-2007 by Ord. No. 1743-07]
A school limited to special instruction, such as a business,
art, music, trades, handicraft, dancing or riding.
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.
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 shoerepair 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.
Any structure or part thereof or device attached thereto
or painted or represented thereon which displays or includes any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as or which is in the nature of an announcement, direction or
advertisement. For the purposes of this chapter, the word "sign" includes
billboard but does not include the flag, pennant or insignia of any
nation, state or other political, educational, charitable, philanthropic,
civic, professional, religious or like campaign drive, movement or
event. The dimensions of a "sign" shall be considered as being the
smallest rectangle enclosing all letters, symbols and other devices
or the area of its background, if distinguishable from a larger background
such as the wall of a building.
SIGN, ADVERTISINGA 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.
SIGN, AWNINGAn 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 an "awning sign."
[Added 4-15-1993 by Ord. No. 1214-93[1] ]
SIGN BUSINESSA 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.
SIGN, DIRECTIONAL AND TRAFFIC CONTROLGround signs or signs attached to the facade of a building which relate to traffic direction, traffic control or parking control on private property.
SIGN, DIRECTORYA sign which stands on the ground or which is attached to the facade of a building, calling attention to the various businesses which are conducted on any given piece of property.
SIGN, FLATA 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.
SIGN, GROUNDAny sign supported by uprights or braces placed upon the ground and not attached to any building.
SIGN, POLITICALA 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 primary purpose of displaying any such sign.
SIGN, PROJECTINGAny 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.
SIGN, ROOFAny sign erected, constructed or maintained upon or over the roof of any building with the principal support of the roof of the structure.
SIGN, TEMPORARYA sign which includes "for sale," "for lease" or "for rent" signs, construction signs or any such sign of temporary nature.
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, lighting,
screening devices; and any other information that may be reasonably
required in order to make an informed determination pursuant to this
chapter and requiring review and approval of site plans by the Planning
Board or Board of Adjustment.
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 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 or end of the building having the greater number of floor or
levels.
[Amended 4-6-1995 by Ord. No. 1321-95]
That portion of a building situated above a full story and
having at least two opposite exterior walls meeting a sloping roof
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.
A public or private thoroughfare which affords the principal
means of access to abutting property, including an 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.
Any change in or addition to the supporting members of a
structure.
Any combination of materials forming any construction, the
use of which requires location on the ground or attachment to something
having location on the ground.
A room or building in which an artist does his work, such
as painting, drawing, photography, music, dance, sculpture or similar
occupation requiring special skills. A "studio" in this context shall
not include the offering of instruction or retail sales but may include
rehearsals and the production of music or the recording of music,
provided that such rehearsals or recordings are not conducted in any
building used for dwelling purposes, and in other dwellings, the sound
level does not exceed the following intensity when measured at the
point of annoyance:
[Added 4-18-1985 by Ord. No. 842-85]
A dwelling unit within a multifamily dwelling, having no
fewer than two stories and built within one structure having no fewer
than four such units, each unit being separated from an adjacent unit
by a masonry party wall or common wall extending from the lowest level
to the roof. Such dwelling units are not to be greater than 30 feet
in depth and three stories in height. When constructed as part of
a dwelling group, a townhouse shall have no fewer than three such
units.
[Amended 9-19-1987 by Ord. No. 990-87]
The specific purpose for which land or a building is designed,
arranged, intended, occupied or maintained. The term "permitted use"
or its equivalent shall not be deemed to include any nonconforming
use.
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.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
A single enclosed private space of 1,200 square feet or more,
with a minimum of ten-foot ceiling heights, where at least 2/3 of
the volume of the total space is devoted to work space for the creation,
display and sale of art and the remainder is used for living purposes.
Maximum occupancy of a WALAS is five persons.
[Added 3-5-1998 by Ord. No. 1435-98]
An open space of uniform width or depth on the same lot with a building or a 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 of this chapter.
The use of any space, whether inside or outside a building,
for the storage or keeping of construction equipment, machinery and
vehicles or parts thereof which are in active use by a contractor.
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.
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.
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.
[1]
Editor's Note: This ordinance also relettered
former Subsection B through J as C through K, respectively.
