A.
The following words and terms used in this Part 1 shall be construed as hereinafter set forth unless otherwise expressly provided.
B.
Word usage.
(1)
The word "person" includes a firm, association, organization,
partnership, trust, company or corporation as well as an individual.
(2)
The present tense includes the future tense, the singular
number includes the plural, and the plural number includes the singular.
(3)
The word "shall" is mandatory, and the word "may"
is permissive.
(4)
The word "lot" includes the word "plot" or "parcel."
C.
ACCESSORY USE OR STRUCTURE
ADJACENT; ADJOINING
ASSISTED-LIVING FACILITIES
BLASTING EXPLOSIVE
BOARD FENCE
BOARDINGHOUSE
BUILDING, ACCESSORY
BUILDING, FRONT OF
BUILDING, HEIGHT OF
BUILDING LINE
BUILDING LINE, FRONT
BUILDING, MAIN
BURNING, FREE
BURNING, INTENSE
BURNING, MODERATE
BURNING, SLOW
CLOSED CUP FLASH POINT
COURT
COURT, INNER
COURT, OUTER
CUSTOMARY HOME OCCUPATION
(1)
(2)
(3)
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
DECIBEL
DISPLACEMENT
DUPLEX
DWELLING, MULTIPLE-FAMILY
DWELLING, SINGLE-FAMILY
DWELLING, TWO-FAMILY
FAMILY
FLAMMABLE OR EXPLOSIVE
FLOOR AREA RATIO
FREQUENCY
FRONT FACADE
GROSS FLOOR AREA
HIGH EXPLOSIVE
HOTEL
IMPACT VIBRATION
IMPERVIOUS COVERAGE
LOADING SPACE
LODGING HOUSE
LODGING UNIT
LOT
LOT FRONTAGE
LOT MEASUREMENTS
(1)
(2)
LOT OF RECORD
LOT TYPES
(1)
(2)
(3)
MATERIALS WHICH DECOMPOSE BY DETONATION
MILLIREM
OCTAVE BAND
ORIGINAL SEALED CONTAINERS
PARKING SPACE, OFF-STREET
PROPELLANTS AND THEIR COMPONENTS
PYROTECHNICS and FIREWORKS
SIGN
(1)
(2)
(3)
(4)
(5)
(6)
SPECIAL EXCEPTION
STEADY-STATE VIBRATION
STREET LINE
STRONG OXIDIZING AGENT
STRUCTURE
UNSTABLE ORGANIC COMPOUNDS
VARIANCE
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Definitions. As used in this Part 1, the following terms shall have the meanings indicated:
A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. The presence of motor vehicles, whether new or secondhand, on a platform, ramp, switching yard, carrier, trailer-truck, assembly yard or other area, awaiting transshipment or pickup and delivery, for a period exceeding 12 hours shall constitute storage and shall not be deemed an "accessory use" within the meaning of this Part 1.
Lands which are contiguous and are not separated by any street,
road or public place.
A facility licensed by the New Jersey Department of Health
and Senior Services to provide apartment-style housing and congregate
dining and to assure that assisted-living services are available when
needed for four or more adult persons unrelated to the proprietor
and that offers units containing, at a minimum, one unfurnished room,
a private bedroom, a kitchenette and a lockable door on the unit entrance.
[Added 3-22-2010 by Ord. No. 2125; amended 12-21-2010 by Ord. No.
2152]
Includes but is not limited to dynamite and nitroglycerin.
A fence composed of solid board or planks arranged or affixed
in such a manner as to completely prevent view or vision through said
fence.
a private housing or dwelling unit, where the owner, tenant
or occupant thereof is engaged in the business of keeping two or more
borders not related to him by blood or marriage and in serving food
to some or all of such lodgers, for part of the day or a longer period,
under express contract or rate of payment.
[Added 11-26-2001 by Ord. No. 1767]
A building detached from and subordinate to a main building
on the same lot and used for purposes customarily incidental to those
of the main building.
The side of a building most nearly parallel with and nearest
to the front yard of the lot on which it is situated.
The vertical dimension measured from the average elevation
of the finished lot grade, computed by averaging the grade at the
four corners of the principal structure of the four most extreme points
on the north, south, east and west sides of a principal structure,
or at four points 90° apart for a circular structure, to the highest
point of the building, including roof structures, open and enclosed,
but excluding chimneys, smokestacks and flagpoles.
[Amended 9-13-1988 by Ord. No. 1361]
A line formed by the intersection of an exterior wall of
a building with the ground.
[Added 3-8-2004 by Ord. No. 1857]
A line parallel to the front yard line touching that part
of a principal building closest to the front yard line, excluding
the dimensions of unroofed steps or an unroofed terrace.
[Added 3-8-2004 by Ord. No. 1857]
A building in which is conducted the principal use of the
lot on which it is situated.
Materials constituting an active fuel.
Materials which, by virtue of low ignition temperature, high
rate of burning and large heat evolution, burn with great intensity.
Materials which, in themselves, burn moderately and may contain
small quantities of a higher grade of combustibility.
Materials which will not ignite or actively support combustion
during an exposure for five minutes to a temperature of 1,200°
F. and which, therefore, do not constitute an active fuel.
Temperature at which a liquid sample produces sufficient
vapor to flash but not ignite when in contact with a flame in a closed
cup tester (Fenske-Martin, Tagliabue or other standard test equipment).
An unoccupied, open space other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on all sides by exterior walls of a building
or by exterior walls and lot lines on which walls are allowable.
A court enclosed on not more than three sides of exterior
walls and lot lines on which walls are allowable, with one side or
end open to a yard or street.
An occupation or a profession which is customarily
carried on in a dwelling unit or in a building or other structure
accessory to a dwelling unit and is carried on by a member of the
family residing in the dwelling unit, is clearly incidental and secondary
to the use of the dwelling unit for residential purposes and conforms
to the following additional conditions:
The office of a physician, surgeon, dentist,
lawyer, engineer, architect, accountant, real estate broker or other
professional person, including an instructor in violin, piano or other
individual musical instrument limited to a single pupil at a time,
who offers skilled services to clients and is not engaged in the purchase
or sale of economic goods and whose practice or business operation
conforms to the above restrictions, shall be deemed to be operating
a home occupation. The occupations of dressmaker, seamstress or milliner
shall be deemed to be home occupations. Dancing instruction, band
or orchestra instrument instruction in groups, tearooms, tourist homes,
beauty parlors, convalescent homes, mortuary establishments and stores,
trades or businesses of any kind not herein excepted shall not be
deemed to be "home occupations."
Home occupation such as phone answering services,
typing, sewing, child care, tutoring and individual music instruction,
limousine services, carpenters, plumbers, electricians and similar
tradesmen, customarily conducted within a dwelling by the residents
thereof, which is clearly secondary to the use of the dwelling for
living purposes and does not change the character thereof subject
to the following conditions and limitations:
[Added 6-10-1996 by Ord. No. 1561[1]]
No persons shall be employed or engaged in the
operation of the home occupation on the premises other than the resident
operator or resident operators.
No merchandise shall be offered for sale upon
the residential premises, nor shall there be any display of goods.
No advertisement or sign shall be displayed
on the exterior of the building, in any window or on the premises
outside of the building.
Not more than one student or any other person
shall be served at one time.
Not more than one motor vehicle used in connection
with said home occupation including but not limited to a limousine,
van, pickup truck or other similar vehicle, shall be stored on the
premises, which said vehicle shall be stored in a fully enclosed garage
except while actually in use.
No exterior storage of any supplies, tools,
merchandise, equipment or other materials used in connection with
said home occupation shall be permitted.
Except for the storage of one motor vehicle as specified in Subsection (3)(e) above, no home occupation shall be conducted other than within the principal building.
The home occupation shall not exceed 150 square
feet in floor space nor more than 25% of the aggregate floor area
of the principal building in which it is located, whichever is smaller.
A unit of measurement of sound-intensity level, re two ten-thousandths
(0.0002) microbar.
Total movement of the earth as measured peak to peak at the
point of measurement due to a vibratory impact.
Two separate dwelling units, side by side, with a fire wall
separation, having direct access to the outside and sharing no interior
facilities (such as hallways, vestibules, stairs or utilities) with
any other dwelling unit.
[Added 2-11-1986 by Ord. No. 1300]
A residence designed for or occupied by three or more families,
with separate housekeeping and cooking facilities for each.
A detached residence designed for or occupied by one family
only.
A residence designed for or occupied by two families only,
with separate housekeeping and cooking facilities for each.
One or more persons occupying a single housekeeping unit
and using common cooking facilities, provided that, unless all members
are related by blood or marriage, no such family shall contain over
five persons.
Materials which produce flammable or explosive vapors or
gases under ordinary weather temperature, including liquids with a
closed cup flash point of less than 105° F.
The ratio of the gross floor area to the lot area.
[Added 3-8-2004 by Ord. No. 1857]
Number of oscillations per second of a vibration or sound.
The exterior walls of a building exposed to public view and
facing a public street.
[Added 3-8-2004 by Ord. No. 1857]
As applied to single- and two-family detached dwelling units,
all habitable floor areas of all buildings and structures on the site,
including, but not limited to, habitable basements, cellars or attics,
but excluding open porches, crawl spaces, unenclosed decks, breezeways,
imaginary/intermediate floor levels below cathedral ceilings, garage
spaces and any other noninhabitable areas. The noninhabitable area
shall be one that does not have a direct walk-in access and a minimal
ceiling height of seven feet over an area (room) of at least 70 square
feet, or which by reason of its construction is rendered nonhabitable.
[Added 3-8-2004 by Ord. No. 1857; amended 6-26-2006 by Ord. No.
1995]
Includes, but is not limited to, TNT, RDZ, HMX, PETN and
picric acid.
A facility offering transient lodging accommodations to the
general public and which may include additional facilities and services
such as restaurants, meeting rooms, entertainment, personal services,
and recreational facilities.
[Added 12-21-2010 by Ord. No. 2152]
Earthborne oscillations occurring with a pause of more than
30 seconds between impulses.
The ratio of the lot area that is covered by a surface that
has been compacted or covered with a layer of material so that it
is highly resistant to infiltration by water (i.e., surface parking,
driveways, access aisles, walkways, patios, artificial turf), but
not including principal and accessory buildings to the lot area.
[Added 3-8-2004 by Ord. No. 1857; amended 6-12-2023 by Ord. No. 2461]
Any off-street space not less than 10 feet wide and 25 feet
long with a fourteen-foot height clearance, permanently surfaced to
be available in all weather, suitable for the loading and unloading
of goods and having direct access to a street or alley.
A private housing or dwelling unit, where the owner, tenant
or occupant thereof is engaged in the business of keeping two or more
borders not related to him by blood or marriage where no food is served
to such persons on the premises.
[Amended 11-26-2001 by Ord. No. 1767]
A rented room or group of rooms within a building, containing
no cooking facilities, used for living purposes by a separate family
or group of persons living together or by a person living alone.
A parcel of land of sufficient size to meet minimum district
requirements for use, coverage and area and to provide such yards
and other open spaces as are herein required. Such lot shall have
frontage on an improved public street.
The front of a lot shall be construed to be the portion nearest
the street. For the purpose of determining yard requirements on corner
lots and through lots, all sides of a lot adjacent to streets shall
be considered frontage, and yards shall be provided as indicated under
the definition of yards in this article.
DEPTH OF A LOTShall be considered to be the mean horizontal distance between the front and rear lot lines, measured in the general direction of its side lot line.
WIDTH OF LOTShall be considered to be the distance measured perpendicular to the side yards. Minimum lot width shall be the shortest horizontal distance between the points formed by the intersection of the front yard line of such lot with the side lot line of such lot, provided that, with respect to a corner lot, the lesser dimension of the length or width shall be deemed the width of such lot, unless the frontage, side or rear are otherwise defined in this Part 1.
[Amended 2-11-1986 by Ord. No. 1300]
A lot which is part of a subdivision recorded in the office
of the County Recording Officer of Bergen County, New Jersey, or a
lot or parcel described by metes and bounds, the description of which
has been so recorded.
CORNER LOTShall be considered to be a parcel of land at the junction of and fronting on two or more intersecting streets.
INTERIOR LOTShall be considered to be a lot other than a corner lot, with only one frontage on a street.
THROUGH LOTShall be considered to be a lot other than a corner lot, with frontage on two parallel or approximately parallel streets.
Materials which include, but are not limited to, all primary
explosives such as lead azide, lead styphnate, fulminates and tetracene.
One one-thousandth of a rem. A rem is a quantity of ionizing
radiation which, when imparted to a biological system, has the same
effect as an absorbed dose of one roentgen of X rays per gram of living
matter.
A division of the range of sound frequencies.
Containers with a capacity of not more than 55 gallons.
An off-street space available for the parking of one motor
vehicle and having an area of not less than 200 square feet, being
10 feet wide and 20 feet long, exclusive of passageways and driveways
appurtenant thereto and giving access thereto, and halving direct
access to a public street and permanently surfaced to be available
in all weather with not less than 25 feet of backup space. Exempted
from this definition shall be single-family and two-family structures.
[Amended 5-23-1983 by Ord. No. 1233]
Include, but are not limited to, nitrocellulose, black powder,
boron hydrides, hydrazine and its derivatives.
Include but are not limited to, magnesium powder, potassium
chlorate and potassium nitrate.
Any device designed to inform or attract the attention of persons not on the premises on which the "sign" is located; 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 Part 1, the word "sign" includes billboard but does not include flag, pennant or insignia of any nation, state or other political unit or of any 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.
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.
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.
FLAT SIGNAny sign of solid-face or open space 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.
ROOF SIGNAny sign erected, constructed and maintained upon or over the roof of any building, with the principal support of the roof structure.
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.
GROUND SIGNAny sign supported by uprights or braces placed upon the ground and not attached to any building.
A use that would not be appropriate generally or without restriction throughout a zoning district but which, if controlled as to number, area, location or relation to the neighborhood, would promote the public health, safety, morals and general welfare. Such use may be permitted in said zoning district as a "special exception" only where specific provision for such use as a "special exception" is made in this Part 1.
Earthborne oscillations occurring with a pause of 30 seconds
or less between impulses.
The right-of-way line of a street.
Includes, but is not limited to, liquid oxygen, perchloric
acid, perchlorates, chlorates and chlorites.
Anything constructed or erected with a fixed location on
the ground or attached to something having a fixed location on the
ground. Among other things, "structures" include buildings, mobile
homes, walls, fences and ground signs.
Include, but are not limited to, acetylides, tetrazoles and
ozonides.
A relaxation of the terms of this Part 1 where such "variance" will not be contrary to the public interest and where, by reason of exceptional narrowness, shallowness or shape of a specific piece of property or by reason of exceptional topographic conditions or by reason of other extraordinary and exceptional situation or condition of such piece of property, the strict application of any regulation enacted under this Part 1 would result in peculiar and exceptional practical difficulties to, or exceptional and undue hardship upon, the owner of such property; provided, however, that such conditions were not the result of the actions of the applicant. As used in this Part 1, a "variance" is authorized only for the size of the lot, height, area and size of the structure or size of yards and open spaces; the establishment or expansion of a use or structure otherwise prohibited shall not be allowed by "variance," nor shall a "variance" be granted because of the presence of nonconformities adjoining the property, in a zoning district or in an adjoining zoning district.
An open space unoccupied and unobstructed by any structure or portion of a structure from 30 inches above the general ground level of the graded lot upward; provided, however, that fences and walls may be permitted in any "yard" subject to the height limitations contained in this Part 1 and that an accessory structure or use shall be permitted in a rear yard.
An open, unoccupied space on the same lot with the building,
situated between the street line and a line connecting the parts of
the building setting back from and nearest to such street line and
extending to the side lines of the lot.
An open, unoccupied space on the same lot with the building,
extending the full width of the lot and situated between the rear
line of the lot and the rear line of the building; provided, however,
that an accessory building or use shall be permitted in a "rear yard."
The depth of the "rear yard" shall be measured between the rear line
of the lot and the rear line of the building. In the case of through
lots, there shall be no "rear yards."
An open, unoccupied space on the same lot with the building,
situated between the building and the side line of the lot and extending
from the front yard to the rear yard. Any lot line not a rear line
or a front line shall be deemed a side line.
[1]
Editor's Note: Section II of this article
required that persons involved in home occupations register with the
Building Department and pay an initial registration fee, plus annual
registration fees, which fees may be modified by resolution of the
Mayor and Council.
