For the purposes of this chapter, unless otherwise stated:
A.
The present tense shall include the future;
B.
The singular number shall include the plural, and the plural shall
include the singular;
C.
The word "shall" is always mandatory, and the words "may" or "should"
are discretionary;
D.
The word "structure" shall include a "building";
E.
The word "lot" shall be synonymous with the words "plot" and "parcel";
F.
The word "tract" shall include the words "lot," "plot," and "parcel";
G.
The word "occupies" includes the words "designated or intended to
be occupied";
H.
The word "use" shall also refer to structures, buildings, lots or
lands arranged, designed, constructed, altered, converted, rented,
leased, or intended to be used;
I.
The words "zone" and "district" shall be synonymous;
J.
The words "he," "she," or "they," in reference to a person, shall
be inclusive of all genders and sexes.
Unless otherwise expressly stated, the following terms shall,
for the purpose of this chapter, have the meanings as herein defined.
Any words not defined in this chapter shall have the meaning as defined
in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq. Any words
not defined in either this chapter or the Municipal Land Use Law shall
have the meaning as set forth in "The Complete Illustrated Book of
Development Definitions, Fourth Edition" by Harvey S. Moscowitz, Carl
G. Lindbloom, David Listokin, Richard Preiss and and Dwight H. Merriam
(published by Transaction Publishers, a Center for Urban Policy Research
Book, 2015, as updated from time to time). The words set forth herein
shall be defined as follows:
The relinquishment of property, or a cessation of the use
of property for more than 12 months, by the owner, with the intention
neither of transferring rights of the property to another owner nor
of resuming the use of the property.
A subordinate structure on the same lot as the principal
or main building or use occupied or devoted to an accessory use (See
"use, accessory").
A dwelling unit attached to or within a single-family principal
dwelling or located on the same lot as such principal dwelling, but
in any case having independent means of access and independent cooking,
bathing, dining, and living facilities from the principal dwelling.
A structure, the use of which is incidental and subordinate
to that of the main building, that is located on the same lot as the
main building.
An extension or increase in floor area or height of a building
or structure.
The Zoning Officer of the City of Hackensack unless a different
official or officials are designated by ordinance.
A community based program designed to meet the needs of functionally
or cognitively impaired adults over the age of 21 through an individual
plan of care structured to provide a variety of health, social and
related support services in a protective setting during any part of
a day but less than 24 hours.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the means of egress; or an enlargement,
whether by extending a side or by increasing the height; or the moving
from one location or position to another.
A machine or device typically, but not necessarily, activated
by payment, whether mechanical, electrical, or electronic, that is
ready for play and operated by the public for use as a game, entertainment,
or amusement.
A group of more than five amusement games or amusement machines
in the same place, location or premises constituting a principal use.
Any automatic or mechanical machine or device or entertainment
or music vending machine, except an amusement game machine, which
is or are operated or set in motion by the form of payment including
physical tokens, digital credits, cash and coins, or electronic payment.
Any establishment, building, structure or premises in which
pet animals are temporarily boarded for pay, barter, commission, or
other remuneration. Other services may be provided for animals boarded
at these facilities, including training, grooming, feeding, and the
like but excluding veterinary services.
A place where animals or pets are given medical or surgical
treatment. Boarding shall be limited to animals hospitalized for medical
or surgical treatment.
Any exterior transmitting or receiving device mounted on
a tower, building or structure and use in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals) wireless telecommunication
signals or other communication signals.
One or more rooms with private sleeping space as well as
bath and kitchen facilities constituting an independent, self-contained
dwelling unit in a building containing three or more dwelling units,
and which is occupied by one household or family for a minimum of
three consecutive months in any twelve-month period.
Any house or building which is rented, leased, let or hired
out to be occupied or is occupied as the home or residence of three
or more households living in separate apartments.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plat, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to law.
The area contained within surrounding exterior walls (or
exterior walls and fire walls), exclusive of vent shafts and courts.
Areas of the building not contained within surrounding walls shall
be included in the building area if such areas are included within
the horizontal projection of the roof or floor above.
A room or structure in which original works of art or limited
editions of original art are bought, sold, loaned, appraised, or exhibited
to the general public.
The merger of separate properties into a single tract of
land. See also "lot consolidation" and "reverse subdivision."
A use, building, or a portion of a building used for gathering
for such purposes as deliberation, worship, auditorium, church, or
chapel, dance floor, lodge rooms, conference rooms, dining rooms,
drinking establishments, exhibit rooms, lounges, community centers,
clubs, social halls, meeting halls, fraternal organizations, social
recreation buildings affiliated with a national or international organization
and similar uses.
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.
The space between the ceiling beams of the top story and
the roof rafters.
Establishments devoted to the sale and/or installation of
automotive supplies, including tires, brakes, shock absorbers, mufflers,
seat covers and radios.
The use of any building, land area or other premises for
the display and sale of new automobiles, panel trucks or vans, trailers,
or recreation vehicles and including minor mechanical repair service
conducted as an accessory use and the scale of used cars which have
been traded in. The sale of used cars shall function as an accessory
use to the principal use of selling new automobiles and vehicles.
A building or place of business where gasoline, fuel, oil
and grease and/or batteries, tires and automobile accessories are
supplied and dispensed directly to the motor vehicle trade and where
minor repair service is rendered and to establishments providing "quick
oil changes." May include a convenience store as an accessory use.
A roof-like cover that is comprised of fabric or similar
removable/replaceable material and projects from any part of a building
for the purpose of shielding a doorway or window from the elements
and is so erected as to permit it being raised to a position flat
against the building when not in use.
An establishment primarily engaged in the retail sale of
baked food products for consumption on or off site. The products may
be prepared either on or off site, but are served directly to consumers
on the premises or by way of delivery service.
Any temporary sign applied to paper, plastic or fabric of
any kind which shall be permitted by the Mayor and Council by permit,
above a public right-of-way.
A business establishment, section of a restaurant establishment,
or a temporary or permanent facility within an assembly or hotel establishment,
at which alcoholic beverages are served for on-site consumption.
Any establishment or place of business within which the practice
of barbering is engaged in or carried on by one or more licensed barbers.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters occurring in the regulatory base flood.
A story partly above grade level, having more than 1/2 its
floor-to-ceiling height above the average level of the adjoining ground.
No basement or portion thereof shall be used as a dwelling unit, commercial
workplace or habitable area. It may be counted as a story in determining
the height of a building. See definition of "story."
An impoundment area made by constructing an embankment or
excavating a pit or both, for the purpose of temporarily storing stormwater.
A facility that provides permanent storage of excessive surface
runoff, such as a pond, pool or basin.
Commercial services primarily concerned with the temporarily
improving the physical appearance of persons or pets through nonsurgical
or medical means. Such businesses include, but are not limited to,
nail salons, hair salons, barber shops, spas, pet grooming, tattoo
parlors, piercing shops, wig shops, and the like. They do not include
massage establishments, health clubs, or gyms. These uses may also
include accessory retail sales of products related to the services
provided, such as specialty hair care products, treatments or ointments
for piercing or tattoo areas, and the like.
A private room planned and intended for sleeping, separable
from other rooms by a door.
The Board of Adjustment of the City of Hackensack.
An individual other than a member of the family or household
occupying the dwelling unit or a part thereof who, for a consideration,
is furnished sleeping accommodations and may be furnished meals or
other services as part of the consideration. A boarder shall have
full access to the dwelling unit and its cooking, bathing, and living
facilities, including those used by the primary family or household
occupants. An individual occupying a space meeting the definition
of an "accessory dwelling" shall not be considered a boarder for enforcement
and compliance purposes.
Any dwelling or part of any dwelling which has space that
is let by the owner or operator to more than three persons who are
not husband or wife, son or daughter, mother or father, sister or
brother of the owner or operator, for a fee, and where services such
as personal and financial assistance may be provided. This shall not
include group homes, special needs facilities or other facilities
in which special care is provided for persons with special needs.
A restaurant that serves beers or fermented malt beverages
that are brewed on-site (as an accessory use) intended for consumption
on the premises.
An industrial use that brews ales, beers, meads, and/or similar
beverages on site. Breweries are classified as a use that manufactures
more than stores and/or small breweries operated in conjunction with
a bar or restaurant defined herein as an accessory use.
A structure having a clear span of more than 20 feet designed
to convey vehicles and/or pedestrians over a watercourse, railroad,
public or private right-of-way, or any depression.
A small stream or creek.
Land area used to visibly separate one use from another or
to shield or block noise, lights, or other nuisances elements and
to insure privacy.
The area of a lot remaining available for improvement after
subtracting out the minimum required yards, open space, and other
limiting conditions established in the Zoning Ordinance or dictated
by federal or state regulations.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The vertical distance of a building measured from the average
elevation of the finished grade measured six feet from the foundation
of the structure to the highest roof beams of a flat roof or the mean
level of the highest gable or slope of a hip roof.
An imaginary line running between two lot lines, tangentially
and parallel to an outer wall of a building. For example, a "rear
building line" is an imaginary line, extending from one side lot line
to another (or, on a corner lot, from the secondary front lot line
to the side lot line or between two secondary front lot lines) parallel
to and touching the rear wall of a building.
The mechanical, electrical and elevator equipment including
piping, wiring, fixtures and other accessories, which provides sanitation,
lighting, heating, ventilation, firefighting and transportation facilities
essential for the habitable occupancy of the building or structure
for its designated use and occupancy.
Any building erected prior to the later of the adoption of
the appropriate code or an application to alter or remove such building,
or one for which a legal building permit has been issued.
A building in which is conducted the principal use of the
lot on which it is located.
Any premises for the storage or parking of motor-driven buses
and the loading and unloading of passengers. May include ticket-purchase
facilities, toilets, restaurants, and stores, which, for the purpose
of this chapter and enforcement thereof, shall be considered accessory
uses.
Establishments primarily engaged in rendering services to
business establishments on a fee or contract basis, specifically advertising
and mailing; building maintenance; employment service; management
and consulting services; protective services; commercial research;
development and testing; photo finishing; copying and reproduction
services and personal supply services.
The grounds and building of a public or private college,
university, hospital or school.
All parts of the plant Cannabis sativa 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, which are cultivated and, when applicable, manufactured in accordance with P.L. 2016, c. 16, for use in cannabis products as set forth in this act, but shall not include the weight of any other ingredient combined with cannabis to prepare topical or oral administrations, food, drink, or other product. "Cannabis" does not include: medical cannabis dispensed to registered qualifying patients pursuant to the Jake Honig Compassionate Use Medical Cannabis Act, P.L.2009, c.307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158 (N.J.S.A. 18A:40-12.22 et seq.); marijuana as defined in N.J.S.A. 2C:35-2 and applied to any offense set forth in Chapters 35, 35A, and 36 of Title 2C of the New Jersey Statutes, or P.L. 2001, c. 114 (N.J.S.A. 2C:35B-1 et seq.), or marijuana as defined in Section 2 of P.L. 1970, c. 226 (N.J.S.A. 24:21-2) and applied to any offense set forth in the New Jersey Controlled Dangerous Substances Act, P.L. 1970, c. 226 (N.J.S.A. 24:21-1 et seq.); or hemp or a hemp product cultivated, handled, processed, transported, or sold pursuant to the New Jersey Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis cultivators, or usable cannabis to cannabis
manufacturers, cannabis wholesalers, or cannabis retailers, but not
to consumers.
Any licensed person or entity that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports cannabis items in bulk intrastate
from any one class of licensed cannabis establishment to another class
of licensed cannabis establishment, and may engage in the temporary
storage of cannabis or cannabis items as necessary to carry out transportation
activities.
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
Any licensed person or entity that grows, cultivates, or
produces cannabis in this state, and sells, and may transport, this
cannabis to other cannabis growers, cannabis processors, cannabis
wholesalers, or cannabis retailers, but not to consumers. This person
or entity shall hold a Class 1 Cannabis Grower license. A cannabis
grower may also be referred to as a "cannabis cultivation facility."
Any usable cannabis, cannabis product, cannabis extract,
and any other cannabis resin. "Cannabis item" does not include: any
form of medical cannabis dispensed to registered qualifying patients
pursuant to the Jake Honig Compassionate Use Medical Cannabis Act,
P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et seq.) and P.L. 2015, c. 158
(N.J.S.A. 18A:40-12.22 et seq.); or hemp or a hemp product cultivated,
handled, processed, transported, or sold pursuant to the New Jersey
Hemp Farming Act, P.L. 2019, c. 238 (N.J.S.A. 4:28-6 et seq.).
The leaf of the plant Cannabis sativa L. within the plant
family Cannabaceae.
Any licensed person or entity that processes cannabis items
in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
The drying, processing, compounding, or conversion of usable
cannabis into cannabis products or cannabis resins. "Manufacture"
with respect to cannabis does not include packaging or labeling.
Any equipment, products, or materials of any kind which are used, intended for use, or designed for use in planting, propagating, cultivating, growing, harvesting, composting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, vaporizing, or containing cannabis, or for ingesting, inhaling, or otherwise introducing a cannabis item into the human body. "Cannabis paraphernalia" does not include drug paraphernalia as defined in N.J.S.A. 2C:36-1 and which is used or intended for use to commit a violation of Chapter 35 or 36 of Title 2C of the New Jersey Statutes.
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include: (1) usable cannabis by itself;
or (2) cannabis extract by itself; or (3) any other cannabis resin
by itself.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumer purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer.
Any licensed person or entity that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport cannabis
items for the purpose of resale or other transfer to either another
cannabis wholesaler or to a cannabis retailer, but not to consumers.
The dried leaves and flowers of the female plant Cannabis
sativa L., and does not include the seedlings, seeds, stems, stalks,
or roots of the plant.
Any structure, supported or unsupported, other than an awning,
made of cloth or metal with metal frames attached to a building or
structure and carried by a frame supported by the ground or sidewalk.
A roofed structure providing space for the parking of motor
vehicles and enclosed on not more than three sides.
A story partly above grade level, having more than 1/2 its
floor-to-ceiling height below the average level of the adjoining ground.
No "cellar" or portion thereof shall be used as a dwelling unit, commercial
workplace or habitable area. It shall not be counted as a story in
determining the height of a building.
The certificate issued by the code official which permits
the use of a building or for land in accordance with the approved
plans and specifications and which certifies compliance with the provisions
of law for the use and occupancy of the building in its several parts
together with any special stipulation or conditions of the building
permit.
A primary vertical enclosure containing one or more passageways.
A building or structure, or group of buildings or structures,
which by design and construction are intended for the conducting of
organized religious services and accessory uses associated therewith.
Except where otherwise stated in this chapter, "Places of worship"
shall include rectory and parish houses or other dwellings for a clergy
person, except where otherwise stated, but shall not include missions,
district offices or regional headquarters of a religious group.
A group of people organized for a common purpose to pursue
common goals, interests or activities and usually characterized by
certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and by-laws.
An educational institution authorized by the state to award
associate's, baccalaureate or higher degrees.
A licensed motor vehicle manufactured as a truck, bus, taxi,
tractor or trailer, other than a recreational vehicle, which meets
any of the following criteria:
The vehicle is licensed for commercial purposes.
The vehicle contains a sign, advertisement or other graphics
indicating that its use is for commercial purposes.
The vehicle has a gross weight in excess of 3/4 ton.
A van-type vehicle not having windows of at least two square feet in area in both rear side panels. A pickup-type truck with a cap not having windows of at least two square feet in area in both sides of such cap. (A pickup-type truck with a cap having windows of at least two square feet in area in both sides of the cap shall not be deemed a commercial motor vehicle, provided that it complies with Subsections A, B and C above. A pickup-type truck with a cap not having windows of at least two square feet in area in both sides of such cap as well as a pickup-type truck with a cap camper shall be deemed a recreational vehicle as defined in §§ 175-2.2, 175-13.1 and shall be subject to the provisions of § 175-13.1 when located in a residential district.)
A pickup truck without a cap.
A homeowners' association or organization designed to own,
maintain, and operate common facilities and to enhance and protect
their common interests.
A building used for recreational, social, educational and
cultural activities, usually owned and operated by a public or nonprofit
group or agency.
A social service typically associated with a religious, charitable,
or eleemosynary organization which provides meals and services to
homeless persons, mentally ill persons, transient teenagers, endangered
persons, or other needy persons on an as-needed or "drop-in" basis.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter,
and personal guidance under such supervision as required assistance,
temporary or presently in order to live in the community and shall
include but not be limited to halfway houses, group homes, supervised
apartment living arrangements and hotels. Such a residence shall not
be considered a "health care facility" within the meaning of the Health
Care Facilities Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-26
et seq.).
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services under such supervision as required to not more than 15 terminally
ill persons.
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.) providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 developmentally disabled or mentally ill persons, who require
assistance, temporarily or permanently, in order to live in the community
and shall include, but not be limited to: group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements
and hostels. Such a residence shall not be considered a "health care
facility" within the meaning of the Health Care Facilities Planning
Act (P.L. 1971, c. 136; N.J.S.A. 26:2H-26 et seq.). In the case of
such a community residence housing mentally ill persons, such residence
shall have been approved for a purchase of service contract or an
affiliation agreement pursuant to such procedures as shall be established
by regulation of the Division of Mental Health and hospitals of the
Department of Human Services. As used herein, "developmentally disabled
person" means a person who is developmentally disabled as defined
in Section 2. of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and "mentally
ill person" means a person who is afflicted with a mental illness
as defined in R.S. 30:4-23,[1] but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal change.
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.) providing food, shelter, medical care,
legal assistance, personal guidance, and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
Any motor vehicle that does not exceed 15 feet in length,
bumper to bumper, and five feet nine inches in width.
An application form completed as specified by ordinance and
the rules and regulations of the Planning Board or Zoning Board of
Adjustment, and all accompanying documents required by Ordinance for
approval of the application for development including, where applicable,
but not limited to, a site plan or subdivision plat; provided, that
the Planning Board or the Zoning Board of Adjustment may require such
additional information not specified by ordinance or any information
not specified by ordinance or any revisions in the accompanying documents
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met. The application shall not be deemed incomplete for
lack of any such additional information or any revisions in the accompanying
documents so required by the Planning Board or Zoning Board of Adjustment,
unless the same are listed on the checklist of required items provided
to the applicant upon the making of the application. An application
shall be certified as complete immediately upon the meeting of all
requirements established by ordinance and the rules and regulations
of the Planning Board or the Zoning Board of Adjustment and shall
be deemed complete as of the date it is so certified by the administrative
officer for purposes of the commencement of the time period for action
by the Approving Authority.
The form of ownership of real property under a master deed
providing for ownership by one or more owners of units of improvements
together with an undivided interest in common elements appurtenant
to each such unit.
The entity responsible for the administration of a condominium,
which entity may be incorporated or unincorporated.
A use or building which conforms with the regulations of
this chapter for the district in which such building or use is located.
Retail establishments selling or renting heavy construction
equipment, including cranes, earthmoving equipment, heavy trucks,
etc.
Establishments or places of business primarily engaged in
retail or wholesale sale, from the premises, of materials used in
the construction of buildings or other structures, but specifically
excluding automobile or equipment supplies otherwise classified herein.
Typical uses include building material stores and home supply establishments.
A contractor engaged in the construction or modification
of buildings and structures, whose business facilities include offices,
enclosed storage, shop areas, and outdoor storage except where specifically
prohibited and generally in conformance with outdoor storage regulations
in this chapter.
Contractors who undertake trades of a type that are specialized
to assist in home improvement and remodeling. This definition includes
but is not limited to heating, air conditioning, painting, plumbing,
electrical, carpenter, roofing, and similar trades. Does not include
outdoor storage.
A retail establishment having a gross floor area of less
than 4,000 square feet and which sells a limited line of groceries,
household items, tobacco and alcohol products, periodicals, over-the-counter
medicines, and the like. Convenience stores may be found as standalone
operations, but are often operated as accessory uses to gasoline stations
or within hotels, office complexes, and other uses.
An open, uncovered and unoccupied space on the same lot as
a building where such space is enclosed wholly or partly by buildings,
walls or other enclosing devices.
The percentage of the horizontal area, measured from the
exterior surface of the exterior walls of the ground floor, of all
principal and accessory buildings on a lot to the total lot area,
but not including other areas of impervious surfaces such as walkways,
driveways, patios and open parking lots. See the table entitled "Building
Coverage vs. Impervious Coverage."
|
Building Coverage vs. Impervious Coverage
| |
|---|---|
|
Building Coverage
|
Impervious Coverage
|
|
Buildings (e.g., houses, garages, sheds, etc.), excluding eaves
projecting less than two feet from the building wall
|
All surfaces considered building coverage
|
|
Porches, decks, terraces, patios, balconies, and the like attached
to buildings and higher than six inches above grade at two or more
corners
|
Driveways (except that concrete tire channels narrower than
two feet shall not count toward coverage)
|
|
Walkways
| |
|
Steps from building entrances or attached porches, decks, terraces,
patios, balconies, and the like
|
Pavers (80% impervious)
|
|
Permeable pavement (50% impervious)
| |
|
Decks, terraces, and patios less than six inches above grade
at two or more corners
| |
|
Permanent projections and overhangs projecting more than two
feet from the building wall including canopies, permanent awnings,
carport shelters, and the like
|
Swimming pools (in-ground or above-ground)
|
|
Walls (i.e., retaining walls) wider than 18 inches
| |
|
Gravel, except that crushed stone or base gravels consisting
of stones at least one to two inches in diameter shall be only 50%
impervious
| |
|
Any other man-made improvement, including retention, detention
and water quality basins
| |
The percentage of lot area which is improved with principal
and accessory buildings, structures and uses, including all impervious
surface areas such as buildings, driveways, parking lots and garages
and other man-made improvements, including retention, detention and
water quality basins. For the purpose of calculations, pavers areas
shall be considered 80% impervious cover. Permeable pavement shall
be considered 50% impervious cover, provided they are maintained to
ensure that pores are clear of obstructive debris. See the table entitled
"Building Coverage vs. Impervious Coverage."
A strip of grass and/or other plantings within a street right-of-way,
generally between the curb of a cartway and a sidewalk.
Calendar days.
A unit of sound pressure level.
Plants that drop their leaves before becoming dormant in
winter.
A measure of the number of residential dwelling units allowed
or existing over an area of land which may be expressed in this chapter
as one of the following:
The total number of dwelling units on the tract divided by
the total area of the tract, including environmentally sensitive or
restricted areas. The result is expressed as dwelling units per acre
(du/ac).
The total number of dwelling units within a designated residential
land use parcel divided by the total land area of the designated residential
land use parcel less major recreational facilities, streets, aboveground
retention, detention, and water quality basins, and public facilities
within the parcel. The result is expressed as dwelling units per acre
(du/ac).
The legal or beneficial owner or owners of a lot or of any
land to be included in a proposed development, including the holder
of an option or contract to purchase or other person having an enforceable
proprietary interest in such land.
One of the following:
The division of a parcel of land into two or more parcels;
The construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure or of
any mining, excavation or landfill; or
Any use or change in the use of any building or other structure
or land or extension of use of land, for which permission may be required.
Experiencing a disability which originates before 18 years
of age, which has continued or is expected to continue indefinitely,
which constitutes a substantial handicap and which is attributable
to mental retardation, cerebral palsy, epilepsy, autism or other conditions
found by the Commissioner of Human Services to give rise to an extended
need for similar services.
A licensed business establishment that produces distilled
alcohol and spirits or similar beverages from the processes of crushing
and fermenting fruits, and aging, storing, and bottling the resulting
product, and subject to the restrictions and regulations of the State
of New Jersey.
Any portion of the territory of the City of Hackensack within
which certain uniform regulations and requirements or various combinations
thereof apply under the provisions of this chapter.
Any zone district which does not fit the definition of a
residential zone, and where permitted principal uses include nonresidential
uses such as commercial, office, or manufacturing. Nonresidential
zone districts may still permit residential uses.
Any zone district where the only principal permitted uses
are single-family, two-family, or multifamily dwellings, and where
nonresidential uses are only permitted with conditions.
A building other than an apartment, hotel or motel containing
units or rooms for the housing of nontransient persons attending or
employed by a college or university.
The removal of surface water or groundwater from land by
drains, grading or other means including control of runoff during
and after construction or development to minimize erosion and sedimentation,
to assure the adequacy of existing and proposed culverts and bridges,
to induce water recharge into the ground where practical, to lessen
nonpoint pollution, to maintain the integrity of stream channels for
their biological functions as well as drainage, and the means necessary
for water supply preservation or prevention or alleviation of flooding.
A private roadway within a property used for internal circulation
or parking purposes.
A store where the primary business is the filling of medical
prescriptions, providing medical devices and supplies, and nonprescription
medicines and where nonmedical products are sold as well.
Cleaning textiles, fabrics, garments or other articles by
the use of solvents other than water, extracting the solvents therefrom
and drying the same.
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
Dwellings and dwelling units (see definition) shall not include hotel
rooms or other short-term living spaces that are rented for occupancy
for periods of one month or less.
One or more rooms, occupied or intended for occupancy as
separate living quarters by one family or household, provided that
access is directly from the outside or through a common hall and that
separate cooking, sleeping and sanitary facilities are provided within
the dwelling for the exclusive use of the occupants thereof. Occupancy
by more than one family or household within a single dwelling unit
shall constitute a violation of this chapter. Dwellings (see definition)
and dwelling units shall not include hotel rooms or other short-term
living spaces that are rented for occupancy for periods of one month
or less.
A one-family dwelling attached to one or more one-family
dwellings by common vertical walls.
A dwelling which is completely surrounded by permanent open
yards.
A dwelling unit within a multifamily building consisting
of not more than one habitable room together with kitchen or kitchenette
and sanitary facilities.
A principal structure or building occupied or intended for
occupancy as separate living quarters for more than two families or
households, and provided with separate cooking, sleeping and sanitary
facilities for the exclusive use of the occupants of each unit. For
the purposes of this chapter, this term shall not include the stacked
flat (two-over-two) dwellings, townhouses, or any other complexes,
rows, or blocks of single-family attached dwellings as defined herein.
A building occupied or intended for occupancy exclusively
by one family or one household, and provided with cooking, sleeping
and sanitary facilities for the use of the occupants of the unit.
Also referred to as a "single-family dwelling."
Attached housing type in which two units are stacked vertically,
with each unit occupying one or more full or partial floors and where
each unit has its own entry.
A building occupied or intended for occupancy as separate
living quarters for no more than two families or two households, and
provided with separate cooking, sleeping and sanitary facilities for
the exclusive use of the occupants of each unit, which units are separated
from each other by vertical walls to and through the roof or by horizontal
floors: also referred to as a "duplex dwelling."
Includes restaurants, bakeries, delicatessens, bars, cafes,
coffee houses, and any other business establishments where the primary
business is the sale of alcohol for consumption on site (except for
clubs or other drinking establishments with dance floors), or the
sale of freshly made food for consumption either on-site or off site
(except for convenience stores, corner stores, or bodegas where more
than 40% of the customer-accessible floor area is used for display
and storage of prepackaged goods and/or non-food items). Does not
include drive-through establishments.
The projecting lower edges of a roof overhanging the wall
of a building.
The unauthorized placement, erection, projection, obstruction,
or displacement of a structure, surface, object, or person into a
property, right-of-way, easement, floodway, wetland, yard or setback
area.
An increase in the size of an existing structure.
The sum of all external conditions and influences affecting
the life, development and, ultimately, the survival of an organism.
The City of Hackensack Environmental Commission created pursuant
to P.L. 1968, c. 245 (N.J.S.A. 40:56A-1 et seq.).
A statement on the positive and negative effects of development
proposals and other major actions which significantly affect the environment.
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
A long-term care facility or a distinct part of a facility
licensed or approved as a nursing home, infirmary unit of a home for
the aged or a governmental medical institution. (See "long-term care
facility" and "nursing home.")
The Federal Aviation Administration.
A group of persons functioning as a single housekeeping unit
and whose relationship is of a permanent, stable and domestic character
as distinguished from nonfamilial institutional use, boarding homes,
fraternities, sororities, clubs, associations, transient housing or
other similar forms of housing. For the purpose of this chapter, a
"family" shall include foster children placed with a family in such
dwelling by the New Jersey State Board of Child Welfare or a duly
incorporated child care agency.
A private establishment enrolling no more than five children between two years and six years of age and where tuition, fees, or other forms of compensation for the care of children is charged and which is licensed by the State of New Jersey and approved by the City of Hackensack to operate as a family day-care center. [See § 175-8.2C(9).]
An occasional or periodic market held in an open area or
in a structure where groups of individual sellers offer for sale to
the public such items as fresh produce, seasonal fruits, fresh flowers,
arts and crafts items, and food and beverages (but not to include
secondhand goods) dispensed from booths located on-site. The premises
may include parking lots, parks, public rights-of-way (as authorized
by the necessary permits), and other open-air or sheltered locations
that have other, unrelated year-round uses that are suspended when
the market is operational. Farmers' markets shall not include supermarkets,
nor may they operate year-round.
A vertical farm operated on a building roof as a principal
business roof separate from the other principal use(s) within the
building, and carried out as a profit-making or nonprofit operation
by persons with agricultural or agriculture-adjacent occupations.
Does not include rooftop gardening facilities or activities that are
operated or maintained by building residents/tenants as a voluntary
or recreational activity.
The practice of producing food or agricultural products on
one or more floors of a building or structure within an urban area
including on the roof a building that is otherwise used for nonagricultural
purposes. Typically reliant upon hydroponic systems, artificial sunlight,
and other technologies meant to compensate for the absence of natural
resources such as natural sunlight and hydrology. Also referenced
in this document as "hydroponic farming," "indoor farming," "cultivation,"
or "urban farming."
The Federal Communication Commission.
An artificially constructed barrier of any material or combination
of materials erected to enclose or screen areas of land, but not including
walls.
A fence, including gates, constructed with openings between
the solid materials used in its construction, such that less than
25% of the area of any section of fence is comprised of solid material.
Examples include chain link without mesh screens.
A fence, including gates, constructed of solid material such
that nothing can be seen through at least 50% of any section of fence.
The temporary overflowing of water onto land which is usually
devoid of surface water.
That portion of the flood hazard area outside of the floodway
based on the total area inundated during the 100-year flood (regulatory
base flood) plus 25% of the regulatory base flood discharge.
That floodplain consisting of the floodway and the flood-fringe
area.
The highest elevation, expressed in feet above sea level,
of the level of floodwaters which delineates the flood-fringe area.
The Official Map on which the Federal Emergency Management
Agency, its component offices, or its successor(s) has delineated
both the areas of special flood hazards and the risk of premium zones
applicable to the community.
A flood which has occurred for which there are accurate local
records available and that is used as the reference flood.
The channel and the relatively flat area adjoining the channel
of a natural stream or river, or other natural or man-made body of
water which has been or may be covered by floodwater during a storm.
A combination of structural provisions, changes or adjustments
to properties and structures subject to flooding for the reduction
or elimination of flood damage to properties, water and sanitary facilities
and other utilities, structures and the contents of buildings.
The channel of a natural stream, brook or river and portions
of the floodplain adjoining the channel, which are reasonably required
to carry and discharge the floodwater or flood flow of any natural
stream, brook or river.
The sum of the gross horizontal areas of each floor in a
building measured from the exterior face of exterior walls, or from
the center line of a wall separating two buildings including exterior
balconies and mezzanines, but not including interior parking spaces,
or any space where the floor-to-ceiling height shall be less than
seven feet six inches.
The sum of the gross floor area of all of the floors of buildings
or structures compared to the total area of the lot or tract on which
the building(s) or structure(s) are located.
The floor area within the perimeter of the outside walls
of the building under consideration, without deduction for hallways,
stairs, closets, thickness of walls, columns, or other features.
The actual occupied area, not including accessory unoccupied
areas or thickness of walls.
The side of a lot abutting on a street. See also "lot line,
front" and "street line."
A building used for the preparation of the deceased for burial
and the display of the deceased and ceremonies connected therewith
before burial or cremation.
An accessory building designed for storage of one or more
motor vehicles in which no business, service or industry is conducted
or rendered and which garage shall have solid exterior walls and roof,
all openings being enclosed either with doors or windows, or both.
Carports shall not be considered a private garage.
Any structure or part thereof other than a private garage
in which a business or service connected with motor vehicles is conducted
or rendered, including storage, rental, repair, servicing, adjusting
or equipping automobiles or other motor vehicles. The term "public
garage" shall not be interpreted to permit the principal use of any
lot as an auto laundry or used automobile sales lot, which uses are
only permitted in conjunction with a duly authorized new car agency
and located on the same lot therewith. The term "public garage" shall
not apply to an automobile salesroom conducted exclusively for the
exhibition of such vehicles. The term "motor vehicle" shall include
passenger automobiles, station wagons, motor scooters, tractors, truck
tractors or similar types of conveyances for persons or goods.
The effect produced by brightness sufficient to cause annoyance,
discomfort, or loss in visual performance and visibility.
The reference plane representing the average of finished
ground level adjoining the building at all exterior walls. When the
finished ground level slopes away from the exterior walls, the reference
plane shall be established by the lowest points within the area between
the building and the lot line or, when the lot line is more than six
feet from the building, between the building and a point six feet
from the building.
The total floor area designed for tenant occupancy and exclusive
use. The area of tenant occupancy is measured from the center lines
of joint partitions to the outside of the tenant walls.
Grasses or other plants grown to keep soil from being blown
or washed away.
Space in a structure for living, sleeping, eating or cooking.
Bathrooms, toilet compartments, closets, halls, storage or utility
spaces and similar areas are not considered habitable spaces/areas.
Storage space, cellars, garage areas or any area where the floor-to-ceiling
height is less than seven feet six inches are also not considered
habitable spaces/areas.
A facility, institution, or medical center, whether public
or private, principally engaged in providing services for health maintenance,
diagnosis or treatment of human disease, pain, injury, deformity or
physical condition, including, but not limited to, a general hospital,
special hospital, mental hospital, public health center, diagnostic
center, treatment center, rehabilitation center, extended care facility,
skilled nursing home, nursing home, intermediate care facility, tuberculosis
hospital, chronic disease hospital, maternity hospital, outpatient
clinic, dispensary, home health care agency, boarding home or other
home for sheltered care, and bioanalytical laboratory or central services
facility serving one or more such institutions but excluding institutions
that provide healing solely by prayer.
A facility where passive or active exercises and related
activities are performed for the purpose of physical fitness, improved
circulation or flexibility, and/or weight control. The activities
shall be conducted entirely within an enclosed building. Access may
be limited to paying members or to the public. May include auxiliary
facilities and services such as locker rooms, showers, massage services,
saunas, and related accessory uses.
A ratio representing the required yard depth in relation
to the building height, expressed as height to yard, such that a ratio
of 4:1 requires the yard depth to equal at least 1/4 of the building
height.
After the time this chapter becomes effective.
Within this chapter.
Within this chapter and starting from the point at which
this word is used.
Before the time this chapter becomes effective.
A use consisting of the office of a practitioner of a recognized
and NJ State-licensed profession and contained within, or storage
on, the same property as a dwelling, that does not occupy more than
1/3 of the area of one floor or more than 1/3 of the area of the same
property as the dwelling located thereupon, and that is carried on
by the inhabitants of the dwelling and which is incidental to the
use of the dwelling for dwelling purposes and the operation of which
does not change the character of the dwelling.
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Where a home occupation is legally established, there shall
be no depository of goods or advertising on the premises, except for
the resident-professional's nameplate, which may appear on the outside
of the premises, and provided that the professional person resides
at the location. A resident professional is restricted to no more
than two assistants other than members of his family and provided
further that no colleagues shall be allowed to practice within said
structure.
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A facility providing temporary housing to indigent, needy,
or homeless persons.
A community association, other than a condominium association,
which is organized in a development in which individual owners share
common interests in open space or facilities.
The cultivation of a garden or orchard.
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions and including, as an integral part of the institution,
related facilities such as laboratories, outpatient facilities or
training facilities.
A building consisting of at least two stories above ground
level, which building provides sleeping accommodations to the general
public and which building contains a central entrance leading to a
common lobby. Access to sleeping rooms shall be only through hallways
extending from said common lobby areas, and no sleeping room shall
contain doors providing entrance or exit to sleeping rooms other than
from said common hallway except as may be required by other ordinances
or regulations for safety purposes.
A building containing guest rooms for lodging, offered to
the public for compensation, which are advertised, designed, intended,
marketed or routinely utilized for weekly or monthly occupancy, or
alternatively, in which at least 30% of the guest rooms have facilities
for the refrigeration and preparation of food by guests, such as a
refrigerator and cooktop/stove (or a refrigerator, a microwave, and
a dishwasher or kitchenette sink), and a self-serve laundry facility
is available for guest use.
For the purpose of this chapter, house pets shall be limited to domesticated species of cats and dogs, as defined in § 52-17A of the City Code.
All of the persons occupying a housing unit. Consistent with
the definition utilized by the U.S. Census Bureau, a household includes
the related family members and all the unrelated people, if any, such
as lodgers, foster children, wards, or employees who share the housing
unit. A person living alone in a housing unit, or a group of unrelated
people sharing a housing unit such as partners or roomers, also constitute
a household.
For the purpose of this chapter, "low-income housing" shall
be housing that is designed for a household earning between 30 and
50% of the area median income, adjusted by household size.
For the purpose of this chapter, "moderate-income housing"
shall be housing that is designed for a household earning between
50% and 80% of the area median income as adjusted for household size.
For the purpose of this chapter, "low-income housing" shall
be housing that is designed for a household earning less than 30%
of the area median income, adjusted by household size.
Any surface covered with a material which by its own nature
and/or level of compactness reduces and prevents absorption/infiltration
of water.
Regulations which increase housing choice by providing the
opportunity to construct affordable, diverse and economic housing
to meet the needs of low- and moderate-income families.
Establishments providing and maintaining indoor facilities
where the public may engage in or enjoy amusement or recreational
activities, such as dance halls; studios; bowling alleys; commercial
facilities such as arenas, rings, and rinks; go-carting; indoor driving
ranges or miniature golf; archery; sports and health clubs; arcades;
expositions; swimming pools; tennis courts; and other athletic, performance,
and recreational activities that may be safely enjoyed within a building.
A nonprofit or eleemosynary organization that provides a
service beneficial to the general public or to a significant portion
of the public for a fee or at a fee recognized as being less than
that charged by profit-making organizations.
A private or nonprivate organization which is not organized
or operated for the purpose of carrying on a trade or business and
no part of the net earnings of which are for the benefit of any individual.
A building in which persons are harbored to receive medical,
charitable or other care or treatment or in which persons are held
or detained by reasons of public or civic duty or for correctional
purposes, including, among others, hospitals, asylums, sanatoriums,
firehouses, police stations and jails.
In a criminal or quasi-criminal proceeding, any citizen of the
State of New Jersey; and
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire, or
enjoy property is or may be affected by any action taken under this
chapter, or whose rights to use, acquire, or enjoy property under
this chapter, or under any other law of the State of New Jersey or
of the United States have been denied, violated or infringed by an
action or a failure to act under the Municipal Land Use Law.[2]
A facility which provides, on a regular basis, health-related
care and services to individuals who do not require the degree of
care and treatment which a hospital or skilled nursing facility is
designated to provide, but who, because of their mental or physical
condition, require care and services which can be made available to
them only through institutional facilities such as these.
An area of land, with or without buildings, used for or occupied
by the deposit, collection or storage outside of a completely enclosed
building of used and discarded materials, such as wastepaper, rags
or sheet metal, used building materials, house furnishings, machinery,
vehicles or parts thereof, etc., with or without the dismantling,
processing, salvage, sale or use or disposition of the same. The deposit
or storage on a lot of one or more wrecked or broken-down vehicles
or parts of one or more such vehicles for one month or more shall
be deemed a "junkyard."
A freestanding structure upon which temporary information
and/or posters, notices and announcements are posted.
A portion of a dwelling unit designed or used for cooking
and eating. A stove, or refrigerator, or sink or cabinets, or combination
thereof must occupy at least 16 square feet of said "kitchen area."
Ground, soil or earth including improvements and fixtures
on, above or below the surface.
Any activity involving the cleaning, cutting, excavating,
filling, or grading of land or any other activity which alters land
topography or vegetative cover.
An establishment only for the washing and drying of clothing
brought in by the customer and in which such washing and drying is
performed with the use of mechanical equipment and for which a fee
is charged.
General manufacturing plants or establishments for processing,
fabricating or assembly, provided that there is no resulting noxious
or offensive odor, dust, smoke, gas, noise, vibration, heat, vapor
or glare beyond the boundary line of the lot on which use is located,
and provided further that such use is not expressly prohibited by
this chapter. These uses must meet the performance standards, use
regulations, bulk controls, and other requirements established in
this chapter.
Any for-hire driver service with a capacity of not more than 14 passengers, which shall be regulated by Chapter 108 of the Code of the City of Hackensack and applicable sections of the New Jersey State Administrative Code or New Jersey statutes concerning limousine services and for-hire driver services.
Establishments or accessory uses which provide live entertainment
consisting of vocalist, instrumental music or dancers or similar entertainment
where patrons are entertained for a fee, whether such fee shall be
direct or indirect through a charge for other products or services,
but not including halls, auditoriums, rooms or playhouses or religious,
civic or fraternal organizations.
A single residential unit, which unit is designed for and
occupied as a combination of living and working spaces, with or without
retail and display space for sale of art or other hand-crafted goods
produced in the working space, occupied year-round as primary residence
of not more than two persons who are at least 18 years of age, of
which at least one of whom is the artist or craftsman in residence,
and by not more than two children of said persons who are under 22
years of age.
An institution which is licensed or approved by the State
of New Jersey to provide health care under medical supervision for
24 or more consecutive hours to patients who are not related to the
governing authority or its members by marriage, blood or adoption.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
The computed areas contained within the lot lines, excluding
any street rights-of-way. Where no lot line is designated on the Tax
Map, the boundary of the public right-of-way shall determine the limits
of the boundary of the lot.
Legal merging of two or more lots under common ownership
and, typically, common use, into a single lot.
A horizontal distance between the front lot line and rear
lot line, measured perpendicular or radial to the front lot line at
the midpoint of the lot frontage to the farthest distance thereof
or taken as the average of three measurements at each corner and the
midpoint for irregularly shaped parcels.
The length of the front lot line measured at the street right-of-way
line.
A line of record bounding the lot. Where an area does not
have a lot line indicated on a Tax Map, the boundary of the public
right-of-way shall determine the boundary of the lot line.
Any lot line separating the lot from the street right-of-way,
also referred to as a "street line."
The lot line opposite and most distant from the front lot
line. All lots shall have one rear lot line.
Where a lot has more than one front lot line, the secondary
front lot line shall be the one that meets one or more of the following
criteria:
The longer of the two lot lines;
The lot line fronting on the narrower street;
Where a building exists, the lot line fronting on the street
which is not that of the building address of record;
Where a building exists, the lot line fronting on the street
which does not have the pedestrian building entrance.
Any lot line other than a front or rear lot line.
The horizontal distance between the side lines of a lot measured
parallel to the front lot line at the required front yard setback
line.
A parcel of land with having two or more street frontages.
A parcel of land fronting upon one street.
The smallest lot area established by the Zoning Ordinance
on which a use or structure may be located in a particular district.
A parcel of land located at the junction of and abutting
on three intersecting streets.
A parcel of land which extends through from one street to
another.
The converting or processing of raw, unfinished or finished
materials or products, into an article or articles or substance of
a different character or for use for a different purpose.
Any hood, canopy, awning or permanent construction which
projects from a wall of a building usually above an entrance.
An establishment from which a licensed medical professional
and their staff provide outpatient medical services including checkups,
diagnosis, consultation, treatment, and other services that are customarily
and typically provided in doctor and dentist offices. Medical offices
shall not include hospitals, nursing homes, convalescent homes, rehabilitation
centers, or in-patient medical services involving overnight stays,
nor shall they include establishments providing group-based counseling
for substance abuse or addiction.
An intermediate level or levels between the floor and ceiling
of any story with an aggregate floor area of not more than 33% of
the floor area of the story in which the level or levels are located.
A structure containing separate storage space of varying
size leased or rented on an individual basis.
A novelty version of golf played with a putter and a golf
ball on a miniature course, typically with artificial playing surfaces,
and including obstacles such as bridges and tunnels.
Buildings with one or more permitted commercial uses within
or below the first above-grade story and apartments only above the
first above-grade story. For the purposes of regulating mixed commercial/residential
buildings, "first above-grade story" shall be the first full building
story above the elevation of the street that is closest to the principal
building entrance.
A building containing a hotel use as well as permanent residential
dwelling units. The portion of the building containing residential
dwelling units shall be located above or adjacent to the portion of
the building used as a hotel and shall have separate entrances from
the street or from within the lobby (i.e., separate elevators), as
well as separate hallways. Entry into the residential section of the
building from the hotel section or vice versa shall be permitted only
as needed for emergency egress, building maintenance and cleaning,
and public safety purposes.
Any commercially manufactured vehicle, or combination thereof,
used, designed or intended for use, for permanent occupancy as living
quarters for one family or household, designed to be moved occasionally
from one location to another by means of wheels affixed to an axle
or carriage affixed to the vehicle, propelled by the power of another
vehicle to which it may be attached, whether the axle or carriage
to which the wheels may be affixed is detachable or detached.
A building or a group of detached, semi-attached or attached
buildings containing guest rooms or dwelling units, each of which,
or each pair of which, has a separate entrance leading directly to
the outside of the building with garage or parking space conveniently
located to each unit, and which are designed, used or intended to
be used primarily for the accommodation of motor vehicle transients,
but not including hotels, boarding or rooming houses or trailer camps.
This definition does not include an "extended stay motel," which is
a separate and distinct use, and is defined elsewhere in this section.
A place of business within a principal building where the
bodies of motor vehicles are repaired and or rehabilitated. Motor
vehicles shall be limited to passenger cars, vans and small trucks
not exceeding two tons in weight classification. Permitted activities
include metal fabricating and refinishing, sanding and painting and
other related mechanical activities necessary to repair auto bodies.
A federal program which authorizes the sale of federally
subsidized flood insurance in communities where such flood insurance
is not available privately.
A 1966 federal law that established a National Register of
Historic Places, the Advisory Council on Historic Preservation and
authorizing grants in aid for historic properties preservation.
The official list, established by the National Historic Preservation
Act, of sites, districts, buildings, structures and objects significant
in the nation's history or whose artistic or architectural value is
unique.
Surface water entering a channel from no definable discharge
source.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, 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.
Any sign lawfully existing on the effective date of an ordinance,
or an amendment thereto, which renders such sign nonconforming because
it does not conform to all the standards and regulations of the adopted
or amended ordinance.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of this chapter
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.
An interference with the enjoyment and use of property.
Any environmental pollutant, such as smoke, odors, liquid
wastes, solid wastes, radiation, noise, vibration, glare or heat.
An extended or intermediate care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves, but not to include mental patients or persons
afflicted with contagious or infectious disease or liquor or drug
addiction.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or within a contiguous portion of a street
or right-of-way.
Not located on the property which is the subject of a development
application, nor located on a contiguous portion of a street or right-of-way.
Places where office business is conducted relating to the
internal functions of the immediate establishment or with other off-site
businesses. Includes business conducted with the public by certified,
licensed, registered, or trained professionals such as insurance agents,
lawyers, architects, real estate agents, accountants, and tax return
preparation.
A building used for conducting the affairs of a business,
profession, service, industry or government, or like activity, but
not for manufacture, storage or sale of goods except by sample.
A development on a tract of land that contains a number of
separate office buildings, supporting uses and open space designed,
planned, constructed and managed on an integrated and coordinated
basis.
An establishment primarily engaged in management and general
administrative functions such as executive, personnel, finance and
sales activities performed centrally for other facilities of the same
company.
A use or uses conducted entirely within a structure for the
purpose of providing a professional service or conducting a business
office therein, restricted solely to administrative office activities,
specifically excluding the sale or transfer of any physical products
or goods from the site.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
As part of a private development, an open space area within
or related to such development, and designed and intended for the
use or enjoyment of residents and owners of the development. Common
open space may contain complementary structures and improvements as
are necessary and appropriate for the use and enjoyment of the residents
and owners of the development.
The keeping, in an unroofed area OR a roofed area with walls
on fewer than four sides, of any goods, material, merchandise, or
vehicles in the same place for more than 24 hours.
The extension of the main walls of a building above the roof
level.
A lot or tract of land.
Any public or private land area designed and used for parking
motor vehicles including parking lots, garages, private driveways
and legally designated areas of public streets.
Any open area being part of the same lot or tract on which
is erected a building or structure used for the temporary storage
of automobiles and other vehicles for the private use solely by the
occupants thereof to which such use is accessory.
Any open area other than a street or other public way used
for the temporary storage of automobiles and other vehicles and available
to the public, whether for a fee or without compensation, or as an
accommodation for clients, customers or employees.
A space available for the parking of one motor vehicle in
accordance with the terms of this chapter.
A parking space for a motor vehicle that is directly accessible
to an access aisle, and which is not located within a street right-of-way.
A temporary storage area for a motor vehicle which is located
within a street or right-of-way.
Any lightweight plastic, fabric or other material, whether
or not containing a message of any kind, suspended from a rope, wire,
or string, usually in series, designed to move in the wind.
An enclosed structure above the roof of a building, other
than a roof structure or bulkhead, occupying not more than 33 1/3%
of the roof area.
Standards adopted by this chapter regulating noise level,
glare, earth-borne or sonic vibrations, heat, electronic or atomic
radiation, noxious odors, toxic matters, explosive and flammable matters,
smoke and airborne particles, waste discharge, screening of unsightly
objects or conditions and such other similar matters as may be reasonably
required by the City of Hackensack, or standards required by applicable
federal, state or interstate law or municipal ordinance.
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district.
Any individual, association, partnership, corporation or
cooperative group.
A person who has sustained an injury, illness or traumatic
changes to the skull, the brain contents or its coverings which result
in a temporary or permanent psychobiological decrease of mental cognitive
behavioral social or physical functioning which causes partial or
total disability.
Establishments providing services, other than medical or
beauty services, to individual consumers. Such uses include, but are
not limited to: clothing rental; funeral parlors and undertaking establishments;
dry-cleaning pickup stores; psychic readers; shoe repair shops; travel
agencies.
The provisions for development of a planned development,
including a plat of subdivision, all covenants relating to use, location
and bulk of buildings and other structures, intensity of use or density
of development, public or private streets, ways and parking facilities,
open space and public facilities. The phrase "provisions of the plan,"
when used in this chapter, shall mean the written and graphic materials
referred to in this development.
An area of a minimum contiguous size as specified in this
chapter to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
commercial or office uses, or both.
Includes planned unit development, planned residential development,
planned commercial development or planned industrial development.
An area of minimum contiguous size as specified in this chapter
to be developed according to a plan as a single entity containing
one or more structures with appurtenant common areas to accommodate
industrial uses.
An area with a specified minimum contiguous acreage to be
developed as a single entity according to a plan containing one or
more residential clusters, which may include appropriate public or
quasi-public uses all primarily for the benefit of the residential
development.
The Planning Board of the City of Hackensack.
A map or maps of a subdivision or a site plan.
An open space which may be improved and landscaped usually
surrounded by streets and buildings. (See "court.")
A group of more than two pool tables or billiard tables available
for use by the public in the same place, location or premises constituting
a principal or accessory use, with or without sale of beverages and
food. Establishments selling or displaying for sale pool tables or
billiard tables shall not be considered a pool hall or billiard hall
if such are not available for use by the public.
A roofed open area, which may be glazed or screened, attached
to or part of and with direct access to or from a building.
The street faced by the main entrance of a principal building.
The place of ingress and egress used or designed to be used
most frequently by building users.
The primary or predominant use of a lot.
A series of operations, usually in a contiguous and regular
action or succession of actions, taking place or carried on in a definite
manner.
To subject to some special process or treatment, as in the
course of manufacture; change in the physical state or chemical composition
of matter; the second step in use of a natural resource; examples
include petroleum refining, oil shale crushing, retorting and refining,
ore smelting, coal crushing and cleaning, saw mill, alfalfa pellet
mills, food canning or packing, creation of glass, ceramic, or plastic
materials, gravel crushing, cement manufacture, concrete batch plants.
Includes the following: architect, accountant, dentist, surgeon
or physician, engineer, land surveyor, lawyer, real estate agent,
or professional planner, provided that the professional person owns
and makes the premises his or her principal residence and domicile
and the professional use does not exceed 30% of the floor area.
A use that is not permitted in a zone district.
A reader who advises clients by professing to tell past,
present or future events through extraordinary spiritual insight or
by perceiving another's thought. The term "psychic reader" includes
the term "card reader," "crystal gazer," "fortune teller," "mind reader,"
"palmist" and "tea-leaf reader."
A room used primarily for conducting the business of psychic
reading.
Includes public parks, playgrounds, trails, paths and other
recreational areas; other public open spaces; scenic and historic
sites; and sites for schools and other public buildings and structures.
The land reserved or dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the biological as well as drainage function of the
channel and providing for the flow of water to safeguard the public
against flood damage, sedimentation, and erosion and to assure the
adequacy of existing and proposed culverts and bridges, to induce
water recharge into the ground where practical, and to lessen nonpoint
pollution.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency, or other
public body for recreational or conservational uses.
Telephone, electric and cable television lines, poles, equipment
and structures; water or gas pipes, mains, valves or structures; sewer
pipes, valves or structures; pumping stations; telephone exchanges
and repeater stations; and all other facilities, equipment and structures
necessary for conducting a service by a government or a public utility.
Any street, alley or other parcel of land open to the outside
air leading to a public street, which has been deeded, dedicated or
otherwise permanently appropriated to the public for public use that
has a clear width and height of not less than 10 feet.
The process of renewing underground water by infiltration
during wet seasons.
A recreation facility operated as a business and open to
the public for a fee.
A recreation facility provided as an accessory use on the
same lot as the principal permitted use and designed to be used primarily
by the occupants of the principal use and their guests.
A recreation facility operated by a nonprofit organization,
and open only to bona fide members and guests of such nonprofit organization.
A recreation facility operated by a governmental agency and
open to the general public.
A transportation structure, self-propelled or capable of
being towed by a passenger car, station wagon or small pickup truck
or panel truck, of such size and weight not to require any special
highway movement permits and primarily designed or constructed to
provide temporary, movable, living quarters for recreational, camping
or travel use, but not while so parked, stored or garages in the City
of Hackensack and not for any commercial purposes or for profit. The
term "recreational vehicle" shall be limited to the following:
Travel trailers or fifth-wheel trailers which are defined as
portable structures built on a chassis with wheels as an integral
part to make them mobile and intended to be towed, above or forward
of the tow vehicle's rear axle, by passenger cars, station wagons
and/or light pickup trucks or panel trucks, but not including truck
tractors of any type. The maximum length of any travel trailer or
fifth-wheel trailer which may be parked or stored unenclosed in the
rear yard of any residential lot is 28 feet.
Camping trailers which are trailers, the walls of which are
so constricted as to be collapsible and made of either canvas or similar
cloth or rigid material such as fiberglass, plastic or metal. Camping
trailers defined as trailers that are mounted on wheels and designed
for travel and recreation use, and which may be constructed with collapsible
partial side walls that fold for towing and unfold for use.
Pickup campers or truck caps which are recreational structures
designed to be mounted in the bed of light pickup trucks and are designed
for travel, storage or recreational use.
Motor homes which are constructed with a truck or motor-van
chassis and incapable of being separated therefrom. The maximum length
of any motor home which may be parked or stored unclosed in the rear
yard of any residential lot is 28 feet.
A boat or snowmobile, or boat or snowmobile trailer. A boat
or snowmobile trailer is a vehicle on which a boat or snowmobile may
be transported and which is towable by a passenger car, station wagon,
light pickup or panel truck or mobile home. The maximum length of
any boat which may be parked or stored unenclosed in the rear yard
of any residential lot is 28 feet.
A waste product capable of being reused or transformed into
a new product.
The process by which waste products are reduced to raw materials
and transformed into new and often different products. From an operations
standpoint, "Recycling" may also include activities such as collection,
separation, and storage of materials.
Land and buildings used for the sorting and reshipment of
solid waste.
A lot or parcel of land, with or without buildings, upon
which recyclable materials are separated and processed for shipment
and eventual reuse in new products.
A facility in which recyclables are recycled, reprocessed,
and treated, so as to return such products to a condition in which
they may be used again in new products.
A facility and the lands thereon used for the short- or long-term
treatment of victims of alcohol or drug use or addiction, which may
either be in-patient clinics providing care, meals, and lodging, or
outpatient clinic, where treatment is provided but meals and lodging
is not.
The reconstruction or renewal of any part of an existing
building for the purpose of its maintenance.
An establishment or other facility for carrying on investigation
in the natural, physical or social sciences, or engineering and development
as an extension of investigation with the objective of creating end
products.
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.
The number of dwelling units per gross acre of residential
land area, including streets, easements, detention, retention and
water quality basins and open space portions of a planned development.
A building or structure designed, used or intended for use
in which food and beverage are sold and consumed primarily within
the confines of an enclosed structure on the site. A "restaurant"
shall not include refreshment stands commonly called "snack" or "dairy"
bars where consumption takes place outside of the structure or in
automobiles parked upon the premises, whether brought to said automobile
by the customer or by employees of the establishment. A "restaurant"
shall also include pickup, takeout, or delivery services wherein food
is prepared on the premises for off-premises consumption, but which
is distinct from a restaurant having a drive-through component unless
otherwise stated. Cafes and coffeehouses are restaurants.
A restaurant use or building, a portion of which is dedicated
to the sale and serving of food and beverage directly to customers
in their personal vehicles. A drive-through is customarily distinct
from other types of restaurants in that it includes driveways, windows,
and signage specifically designed and oriented to allow customers
to conduct the entire exchange of payment for food and drink without
leaving their cars, and typically permits customers to consume such
food and drink in the surrounding parking area.
The replication or reconstruction of a building's original
architectural features.
Either:
The further division or relocation of lot lines of any lot or
lots within a subdivision previously made and approved or recorded
according to law; or
The alteration of any streets or the establishment of any new
streets within any subdivision previously made and as to combine existing
lots by deed or other instrument.
A store where goods are sold directly to the consumer for
personal or household use, with or without incidental processing on
the premises. Any establishment which requires a club membership or
fee payment to permit entry to the establishment for the sale of goods
or services shall be considered a retail establishment, whether or
not the words "wholesale" or "warehouse" appear in the name of the
establishment.
Retail stores other than neighborhood retail, auto-parts
retailers, or automobile sales.
A retail establishment having a gross leasable floor area
of not more than 10,000 square feet and which is engaged in the retail
sale of commodities that satisfy the daily needs of residents in surrounding
residential neighborhoods, such as but not limited to pharmacies,
florists, convenience stores, general stores, and liquor stores. Neighborhood
retail establishments specifically exclude the following:
Establishments having a gross leasable floor area in excess
of 10,000 square feet;
Automobile sales;
Auto-parts retailers;
Pawn shops;
Department stores;
Clothing stores, except for tailoring establishments or thrift
shops where clothing sales is incidental to the use;
Electronics stores, except electronics repair stores where electronics
retail is incidental to the repair service;
Bulk or warehouse style retailers; and
"Big box" stores.
A structure constructed to hold back or support an earthen
bank.
Either the Planning Board of the City of Hackensack or the
Zoning Board of Adjustment, depending upon which agency has jurisdiction
over the application under consideration.
A strip of land acquired by reservation, dedication, easement,
forced dedication, prescription or condemnation and intended to be
occupied or occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, water line, sanitary storm sewer and other
similar uses. A "public right-of-way" shall be assumed to be a public
street, path, or walkway.
A device used to measure the opacity of smoke emitted from
smoke stacks and other sources.
A house in which lodgers rent one or more rooms for one or
more nights, and sometimes for extended periods of time, and in which
common areas or services, such as laundry, cleaning, and dining may
be provided.
Includes public and parochial (religious) institutions of
learning for grades kindergarten through 12th grade, but shall not
include institutions of higher learning, colleges, trade schools,
vocational schools or nursery schools, nor shall it include schools
for specialized training because of the mental or physical status
of the prospective students. Except where otherwise specified, school
uses shall be presumed to include auditoriums, athletic fields and
gymnasiums accessory thereto.
Multifamily housing designed for older persons, one of whom
must minimally be 62 years of age or older.
Any commercial establishment, place, or event wherein cosmetology
is offered or practiced on a regular basis for compensation; may include
the training of apprentices as may be permitted by state regulations.
Does not include cosmetology schools or establishments where the principal
mission is to educate hair stylists, beauticians, or the like.
The distance between the street right-of-way line or any
other lot/property line and any part of a building, structure, or
projecting features thereof as may be regulated by this chapter.
The line that is the required minimum distance from the street
right-of-way line or any other lot line that establishes the area
within which buildings or structures must be erected or placed.
A group of commercial establishments planned, constructed
and managed as a total entity with customer and employee parking provided
on-site, provision for goods delivery separated from customer access,
aesthetic considerations and protection from the elements. Tenants
may include neighborhood retail, general retail, restaurants, personal
services, beauty services, indoor recreation, and business services,
as defined in this chapter.
A paved, surfaced or leveled area used as a pedestrian walkway.
A triangular shaped portion of land established at street
intersections or intersections of driveways and streets in which nothing
is erected, placed, planted or allowed to grow in such a manner as
to limit or obstruct the sight distance of motorists entering or leaving
the intersection.
Includes any device, either freestanding or attached to a
building or structure or erected, painted or represented or reproduced
upon or in (to the extent provided herein) any building or structure
which displays, reproduces or includes any letter, word, name, number,
model, insignia, emblem, design, device or representation used for
one or more of the following purposes: to identify the premises or
occupant or owner of the premises; to advertise any trade, business,
profession, industry, service or other activity; to advertise any
product or item; to advertise the sale or rental or use of all or
part of the premises, including that upon which it is displayed; to
direct vehicular or pedestrian traffic, other than state, county or
municipal highway and roadway markers; and shall include any announcement,
declaration, demonstration, display, illustration, insignia or any
representation used to advertise or intended to advertise or promote
the interests of any person. In no event shall the word "sign" be
construed to mean any sign in the interior of any structure except
as specifically set forth in this chapter.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
A development plan of one or more lots on which is shown:
The existing and proposed condition 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, landscaping, structures and signs, lighting, screening
devices; and
Any other information that may be reasonably required in order
to make an informed determination.
A fully enclosed portion of a building, designed or intended
to be used for sleeping purposes. For purposes of measurement, where
a sleeping room contains more than two beds, every unit of two beds
or fraction thereof shall be counted as a separate sleeping room.
The degree of deviation of a surface from the horizontal,
usually expressed in percent or degrees.
Solid particles generated as a result of the incomplete combustion
of materials containing carbon.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and can be readily excavated.
A property owner's right to have the sunlight shine on the
owner's land.
A device or combination of devices, structure, or part of
a device or structure that transforms direct solar energy into thermal,
chemical, or electrical energy and that contributes significantly
to a structure's energy supply.
A solar collector or other device or structural design feature
of a structure that relies upon sunshine as an energy source and is
capable of collecting, distributing, and storing (if appropriate to
the technology) the sun's radiant energy for a beneficial use.
Land areas where the slope exceeds 15%.
The storing or keeping of an item in a fixed location for
a specific or unspecified period of time.
Any storm drainage technique that retards or detains runoff,
such as a detention or retention basin, dry wells or any combination
thereof.
That portion of a building included between the upper surface
of a floor and upper surface of the floor or roof next above.
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.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is shown on a plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant of such Board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The dividing line between a street right-of-way and a lot.
See also "frontage" and "lot line, front."
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
A workshop or space in which art, music, or films are produced
and recorded, and which may or may not broadcast live the music, film,
or performances to radio, television, and internet mediums.
The division of a lot, tract or parcel of land into two or
more lots, tracts, parcels or other divisions of land for sale or
development.
The following shall not be considered subdivisions within the
meaning of this act, if no new streets are created:
Divisions of land found by the Planning Board or subdivision
committee thereof appointed by the Chairman to be for agricultural
purposes where all resulting parcels are five acres or larger in size;
Divisions of property by testamentary or interstate provisions;
Divisions of property upon court order, including but not limited
to judgments of foreclosure;
Consolidation of existing lots by deed or other recorded instrument;
and
The conveyance of one or more adjoining lots, tracts or parcels
of land, owned by the same person or persons and all of which are
found and certified by the administrative officer to conform to the
requirements of the municipal development regulations and are shown
and designated as separate lots, tracts or parcels on the Tax Map
or atlas of the municipality.
The term "subdivision" shall also include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of a number of lots
specifically permitted by ordinance as a minor subdivision provided
that such subdivision does not involve:
A retail establishment primarily selling food as well as
other convenience and household goods.
Any structure having a depth greater than two feet and a
water surface area in excess of 250 square feet which is used for
swimming, bathing or wading purposes.
An establishment operating in compliance with N.J.A.C. 8:27-1
et seq., also known as the Body Art Procedures section of the New
Jersey State Sanitary Code, in which body art services are provided.
An improved area used for playing tennis.
A building or part of a building devoted to showing motion
pictures, or for dramatic, musical or live performances.
The configuration of a surface area showing relative elevations.
A building or structure designed for or occupied by no more
than one family or household and attached to other similar buildings
or structures by not more than two party walls extending from the
foundation to the roof and providing two direct means of access from
the outside. Furthermore, each such dwelling unit shall be provided
with cooking, sleeping and sanitary facilities for the use of each
family or household of the townhouse. For the purpose of this chapter,
a townhouse may include a building or structure in a fee simple, condominium,
cooperative or leasehold ownership or any combination thereof. See
also "dwelling, attached."
A trailer is defined as a vehicle with or without motive
power, other than a pole trailer, designed for carrying persons or
property and for being drawn by a motor vehicle and so constructed
that no part of its weight rests upon the towing vehicle.
A trailer shall be considered a "commercial" trailer if it
is used for the transport of goods or persons for commercial purposes.
Land in its natural state before development.
That part of the natural environment which is rare or not
duplicated in the community or region.
The specific purpose for which land or a building, structure
or facilities is designed, arranged or intended or for which it is
or may be occupied or maintained.
A use subordinate to the principal use located on the same
zone lot and serving a purpose customarily incidental to the principal
use.
Any use which differs from the previous use of a building
or land.
A use permitted in a particular zoning district only upon
a showing that the use 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 therefore by the
relevant board.
A use or activity which was lawful prior to the adoption,
revision or amendment of this chapter 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.
A use established for a fixed period of time with the intent
to discontinue such use upon the expiration of the time period.
The erection, construction, alteration or maintenance, by
public utilities or municipal or other governmental agencies, of underground,
surface or overhead gas, electrical, steam or water transmission systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cables,
fire alarm boxes, police call boxes, traffic signals, light stations,
telephone lines, hydrants and other similar equipment and accessories
herewith, reasonably necessary for the furnishing of adequate service
by such public utilities or municipal or other governmental agencies
for the public health, safety or general welfare.
A business that sells "vape," vapor cigarettes, electronic
cigarettes involving the vaporization of a fluid containing nicotine
as opposed to burning tobacco, or similar devices, and/or vapor cartridges
or other vessels and cigarette devices components containing the vapor
fluid. For the purposes of this definition, devices in which tobacco
is burned and the smoke is subsequently cooled by a liquid shall not
be considered a vape or vapor cigarette product.
Permission to depart from the literal requirements of this
Zoning Ordinance pursuant to the Municipal Land Use Law.[4]
Stabilization of erosive or sediment producing areas by covering
the soil with permanent or short-term seeding, mulching, or sodding.
An aboveground or in-ground structure containing less than
24 inches of water.
A constructed solid barrier of concrete, stone, brick, tile,
wood, or similar type of material that closes, marks, or borders a
field, yard, or lot, and that limits visibility and restricts the
flow of air and light.
A building used primarily for the storage of goods and materials.
Terminal facilities for handling and storing freight without
the maintenance of vehicles.
Any body of water, including any creek, lagoon, canal, river,
bay, or any other body of water, but not including a swimming pool.
Includes any opening in the exterior wall or roof of any
structure for the purpose of admitting air or light, whether or not
covered with glass, plastic or other covering.
Includes the aggregate square footage of all windows on any
given story of any structure, regardless of the angle or angles at
which they are set. In computing window space, there shall be included
all portions of any door which contains a window.
A business that produces wines or similar beverages from
the processes of crushing and fermenting fruits, and aging, storing,
and bottling the resulting product. Within the City of Hackensack,
wineries shall not include fields for growing fruits. Additionally,
to the extent allowed by the State of New Jersey, wineries may include
rooms for the consumption of the beverages produced on the site along
with sale of snacks, and may also include facilities for the purchase
of beverages bottled on site, provided that the floor area of the
consumption and purchasing spaces is not more than 30% of the total
building floor area.
An open space which lies between the principal or accessory
building or buildings and the nearest lot line which is unoccupied
and unobstructed from the ground upward except as herein permitted.
The depth of all yards shall be measured parallel to and at right
angles from their respective lot lines.
A yard extending across the full width or length of the lot
between the front lot line and the principal building. A lot with
more than one front lot line or "street line" shall have more than
one front yard.
A yard extending across the full width of the lot and lying
between the rear line of the lot and the nearest line of the principal
building.
Where a lot has more than one front yard, the secondary front
yard shall be the one between the secondary front lot line and the
nearest line of the principal building.
See "yard, secondary front."
Image 1 Yard Locations. Source: The Complete Illustrated
Book of Development Definitions, Fourth Edition, Moskowitz et al
|
An open, unoccupied space between the side line of the lot
and the nearest line of the principal building extending from the
front to the rear yard.
The location of a building on a lot in such a manner that
one or more of the buildings side rests directly on a lot line.
A specifically delineated area or district in a municipality
within which regulations and requirements uniformly govern the use,
placement, spacing and size of land and buildings. (See "district.")
The division of a municipality into districts and the establishment
of regulations governing the use, placement, spacing and size of land
and buildings.
The Board of Adjustment of the City of Hackensack as continued
under this chapter.
The current Zoning Map on file with the Clerk of the City
of Hackensack.
The Zoning Officer of the City or his designee or other authorized
agency.
A document signed by the Administrative Officer:
Which is required by this chapter as a condition precedent to
the commencement of a use or the erection, construction, reconstruction,
alteration, conversion, or installation of a structure of building;
and
Which acknowledges that such use, structure, building complies
with the provisions of this chapter or variance there from duly authorized
by the Planning Board, Board of Adjustment, or the governing body,
as the case may be.
