Borough of Fort Lee, NJ
Bergen County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
Whenever a term is used in this chapter which is defined in the Municipal Land Use Law, N.J.S.A. 40:55D-1 et seq., such term is intended to have the meaning set forth in the definition of such term found in said statute, unless a contrary intention is clearly expressed from the context of this chapter.
Unless the context otherwise indicates, the following definitions shall be used in the interpretation and construction of the chapter. Words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word "building" shall include the word "structure," the word "lot" includes the word "plot," the word "occupied" includes the words "designated or intended to be occupied," the word "used" shall include the words "arranged, designated, constructed, altered, converted, rented, leased or intended to be used;" and the word "shall" is mandatory and not optional.
Certain words and phrases used in this chapter are defined for the purposes hereof as follows:
ACCESSORY USE OR STRUCTURE
A use or structure subordinate to the principal use of a building on the same lot and serving a purpose customarily incidental to the use of the principal building.
AGENT OF OWNER
Any person who can show written proof that he has authority to act for the property owner.
AGE-RESTRICTED HOUSING
A multifamily building designed to meet the needs of residents limited to the age of 55 years or over, provided, however, that a person of the age of 55 years or over may occupy such a dwelling unit with such person's husband or wife or companion, regardless of age, and/or with a child 19 years of age or over who is not enrolled in secondary school; and any person who is permitted to and did occupy an age-restricted dwelling unit with an age-qualified person may continue to occupy the dwelling unit after the death of such age-qualified person; and any person, regardless of age, may occupy the dwelling unit if such person provides physical support to an occupant otherwise permitted to occupy a dwelling unit in accordance with the restrictions herein. Notwithstanding any of the foregoing, no person under the age of 19 years shall reside in any dwelling unit for more than 90 days in any calendar year.
[Added 11-14-2002 by Ord. No. 2002-42]
ALTERATION
A change or rearrangement in the structure parts or in the existing facilities or an enlargement whether by extension of a side or increasing the height or by moves from one location or position to another of a building or structure.
ARCHITECTURAL SCREENING
A method of visually shielding or obscuring structures, uses or equipment from view by means of walls or fencing.
[Added 6-12-2003 by Ord. No. 2003-18]
AUTOMOBILE SERVICE STATION or GASOLINE STATION
A building or place of business where gasoline, oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered.
AUTOMOBILE or TRAILER SALES AREA
An open area, other than a street, used for the display, sale or rental of motor vehicles or trailers in operable condition and where no repair work is done.
AUTOMOBILE WASHING ESTABLISHMENT
A building or place of business where the washing of motor vehicles is carried on with the use of a chain or other conveyor and blower, water and/or steam cleaning device.
BASEMENT
A story partly above grade level having half or more than 1/2 of its floor-to-ceiling height above the average level of the adjoining ground. Said average height shall be determined by averaging the height of the structure along the midpoint of each of its principal walls. No basement or portion thereof shall be used as a dwelling unit, except for custodial and maintenance personnel in apartment buildings.
BUILDING
A combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements. An attached garage to a principal structure shall be in conformance with § 410-35A(1)(e).
BUILDING, HEIGHT
The vertical distance measured from the main level of the ground surrounding the building to the highest point of the roof but not including chimneys, spires, towers, elevator penthouses, tanks and other similar projections.
BUILDING, PRINCIPAL
A structure in which is conducted the principal use of the site on which it is situated. In any residential district any dwelling shall be deemed to be a principal building on the zone lot on which it is located.
CAR WASHING ESTABLISHMENT
See "automobile washing establishment" of this section.
CELLAR
A story which may be partly above grade level having more than 1/2 of 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. Said average height shall be determined by averaging the height of the structure along the midpoint of each of its principal walls.
CONDITIONAL
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as contained in this chapter and upon the issuance of an authorization therefor by the Planning Board.
COURT
An open unoccupied space other than a yard on the same lot with the principal building. A court entirely enclosed by walls or opening on a side lot line is an inner court. A court opening for its full width on a street, a front yard or a side yard is an outer court.
DISTRICT
A district or a zone shall be any portion of the territory of the Borough within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this chapter.
DRIVE-THROUGH
A physical appurtenance which has ordering and pickup facilities, is accessible by a designated driveway, is accessory to and part of the structure of the primary facility to which it is attached and is designed or used to sell or serve food or merchandise or to provide banking services to customers.
[Added 9-28-2000 by Ord. No. 2000-35]
DWELLING
Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, except a mobile home and as otherwise provided herein:
A. 
A building occupied or intended for occupancy as separate living quarters exclusively for one family or one household with direct access from the outside and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of the unit.
B. 
A building occupied or intended for occupancy as separate living quarters for no more than two families with separate cooking facilities for the exclusive uses of the occupants of each unit, which are separated from each other by vertical walls or horizontal floors, unpierced except for access to the outside or to a common cellar or basement.
C. 
A building occupied or intended for occupancy as separate living quarters for more than two families with direct access from the outside or through a common hall and further provided with separate cooking, sleeping and bathroom facilities for the exclusive use of the occupants of each unit.
DWELLING STRUCTURE
Any structure which shall contain one or more rooms providing cooking, sleeping and sanitary facilities, not including a hotel, motel, hospital, nursing home, dormitory, fraternity or sorority house, rooming house, boardinghouse or other similar structure.
DWELLING UNIT
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.
EATING AND DRINKING ESTABLISHMENT
A building or structure designed, used or intended for use in which either food or beverage or both are sold and consumed primarily within the confines of an enclosed structure on the site.
ESSENTIAL SERVICE
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 or for the public health, safety or general welfare.
FAMILY
Any number of individuals related by blood, marriage or legal adoption, living together as a single housekeeping unit and using certain rooms and housekeeping facilities in common. For the purpose of this chapter, foster children placed with families in a dwelling by the New Jersey State Board of Child Welfare or a duly incorporated child-care agency shall be considered as a member or members of a family.
FLOOR AREA RATIO
The ratio of the gross floor area to the lot area.
GARAGE, PRIVATE
An accessory building or part of a main building used only for the storage of motor vehicles as an accessory use.
GARAGE, PUBLIC
A building or part thereof, other than a private garage, used for the storage, care or repair of motor vehicles for profit, including any sale of motor vehicles accessories or where any such vehicles are kept for hire.
A. 
Residential zones (R-1, R-1A, R-2, R-2A, R-3, R-3A, R-4, R-4A): In computing the floor area ratio for all one- and two-family homes to be constructed in these zones, the gross floor area shall include all floor areas of all buildings and structures on the site, including but not limited to habitable basements, cellars or attics, but excluding open porches, crawl spaces, unenclosed decks, breezeways, imaginary/intermediate floor levels below cathedral ceilings and any nonhabitable areas. A nonhabitable area shall be one which does not have direct walk-in access and a minimum ceiling height of seven feet over an area (room) of at least 70 square feet.
[Amended 12-14-2000 by Ord. No. 2000-45]
B. 
Commercial zones (C-1, C-2, C-3, C-4, C-5, C-6, PCR-1, PUD): In computing the floor area ratio for all commercial buildings to be constructed in these zones, the gross floor area shall mean the sum of the areas of horizontal sections through each story of all parts of the building, together with any area on the roof of the building devoted to commercial use. In computing the gross floor area, the area of horizontal section shall be that area enclosed by the outside faces of all exterior walls. Further, the gross floor area shall not include the floor areas devoted to any parking decks.
A. 
Any use customarily conducted entirely within a dwelling or its accessory building and carried on by the inhabitants thereof, which use is clearly incidental to the use of the dwelling as a place of residence, and further provided that no article is sold or offered for sale except as may be produced by the immediate occupants residing therein. In particular, a home occupation includes and is limited to the following: professional office of a physician, dentist, lawyer, engineer, accountant, architect, realtor or other similar professional occupations. Said home occupation will be limited to one employee.
B. 
However, a home occupation shall not be interpreted to include the following: barbershops and beauty parlors; commercial stables and kennels; animal hospitals; convalescent homes; mortuary establishments; stores and trades of business of any kind; and the preparation, processing or distribution of foods or food products.
HOTEL
Every building kept, used, maintained, advertised or held out to be a place where sleeping accommodations, eating facilities, conference rooms, recreational facilities and a central lobby with room service availability are maintained for rental to permanent or transient guests, in which 50 or more rooms on the premises are rented, with or without meals, for the accommodation of such guests.
HOUSEHOLD
A family of not more than four persons who are not so related, living together as a single housekeeping unit.
IMPROVED LOT COVERAGE
That portion of one or more zone lots which is improved with principal and accessory buildings, structures and uses including driveways, parking lots and parking garages at or above grade, improved lot coverage shall not include any of the following at ground level: pedestrian walkways; landscaped, planted areas and lawns; patios, uncovered plazas and sitting areas; or outdoor recreational facilities and structures.
JUNKYARD
The use of any area of any lot for the storage, keeping or abandonment of junk, including scrap metals or other scrap materials or for the dismantling, demolition or abandonment of automobiles, not in operating conditions or other vehicles or machinery or parts thereof.
LOT
A designated parcel, 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.
LOT AREA
The computed area contained within the lot lines.
LOT COVERAGE
That portion of one or more than one zone lot which is improved with principal buildings and structures on the ground surface.
LOT DEPTH
A mean horizontal distance between the mean front and mean rear lot lines, measured in the general direction of its side lot lines.
LOT FRONTAGE
The length of the front lot line.
LOT LINES
A line of record bounding the lot.
A. 
The lot line separating the lot from the street right-of-way.
B. 
A lot line opposite and most distant from the front lot line.
C. 
Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line."
LOT, THROUGH
A lot that fronts upon two parallel streets or that fronts upon two streets that do not intersect at the boundaries of the lot.
[Added 9-28-2000 by Ord. No. 2000-35]
LOT WIDTH
The mean perpendicular distance between the side lot lines of a lot, measured at the minimum front yard setback line.
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to Section 19 of the Municipal Land Use Law,[1] duly adopted by the Planning Board of the Borough of Fort Lee.
MECHANICAL EQUIPMENT
Fans, air-conditioning equipment, elevator housings, water towers, compressors, heating equipment, wireless telecommunications, equipment cabinets or similar equipment.
[Added 6-12-2003 by Ord. No. 2003-18]
MOTEL, MOTOR INN or MOTOR HOTEL
Any structure or building wherein rooms thereof are leased to third parties, not having the facilities set forth above in the definition of "hotel," and where an automotive vehicle is capable of being parked immediately adjacent to the room which is leased to the third party. Motels, motor inns and motor hotels are hereby declared to be nonpermitted uses within the Borough of Fort Lee.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.
NURSERY SCHOOL
A school designed to provide daytime care or instruction for two or more children from two to six years of age, inclusive, and operated on a regular basis for compensation.
NURSING HOME
Any premises licensed by the State of New Jersey to function as a nursing home.
OPEN AIR MARKET
Structures with open or removable outside walls, any structure with no roof, any structure lacking permanency in its construction or the lack of any structure wherein one or more sellers gather to sell goods, wares, merchandise or personal property of every kind, nature and description.
PARKING AREA
An area used for the storage of automobiles and other motor vehicles for the private use solely by the occupants thereof to which such use is accessory.
PARKING AREA, PUBLIC
An area other than a street or other public way used for the storage of automobiles and other motor vehicles and available to the public whether for a fee or without compensation or as an accommodation for clients or customers.
PARKING GARAGE
A structure of more than one level used for the storage of automobiles or other motorized vehicles.
PLANNED COMMERCIAL DEVELOPMENT
An area of a minimum contiguous size as specified by 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, and any residential and other uses incidental to the predominant use as may be permitted by ordinance.
PLANNED UNIT DEVELOPMENT
An area with a minimum contiguous acreage of 10 acres to be developed as a single entity according to a plan, containing one or more residential clusters or planned unit residential developments and one or more public, quasi-public or commercial areas, in such ranges or ratios of nonresidential uses as shall be specified in this chapter.
PLANNED UNIT RESIDENTIAL DEVELOPMENT
An area with specified minimum contiguous acreage of five acres or more to be developed as a single entity according to a plan containing one or more residential clusters, which may include appropriate commercial or public or quasi-public uses all primarily for the benefit of the residential development.
PLANNING ADMINISTRATOR
A Borough official responsible for the administrative services of the Planning Board and Zoning Board of Adjustment, as designated by ordinance or statute.
[Added 6-12-2003 by Ord. No. 2003-14]
PLANNING BOARD
The Municipal Planning Board established pursuant to Section 14 of the Municipal Land Use Act.
[2]
PRINCIPAL USE
The primary purpose to which a lot or parcel is used or intended to be used.
PROFESSIONAL OFFICE
The office of a recognized profession such as that of a physician, dentist, lawyer, engineer, accountant, architect and other professions requiring a like amount of education and training.
RESTAURANT
Any establishment whose principal business is the sale of foods and/or beverages to customers in a ready-to-consume state, whether served for immediate consumption at tables within the restaurant building or sold in wrappers or disposable containers to walk-in customers for take-out or through an attached drive-through facility to customers in automobiles. Any establishment that meets the definition of "restaurant, take-out" shall not be considered a "restaurant."
[Added 9-28-2000 by Ord. No. 2000-35]
RESTAURANT, TAKE-OUT
Any establishment whose principal business is the sale of foods and/or beverages to customers in a ready-to-consume state, where consumption takes place primarily outside the confines of the establishment, where only limited seating at counters or tables is offered for waiting or for the consumption of food and/or beverages and no drive-through facility is provided for service to customers in automobiles.
[Added 9-28-2000 by Ord. No. 2000-35]
ROW HOUSES or TOWNHOUSES
A structure containing a number of dwelling units each separated by vertical interior unpierced walls. Each such dwelling unit shall maintain individual cooking, sleeping, sanitary and heating facilities for the use of the occupants therein.[3]
STORY
That portion of a building, included between the surface of any floor and the surface of any floor next above it or if there be no floor above it, then the space between the floor and the ceiling next above it.
A. 
- A partial story under a gable, hip or gambrel roof, the floor of which is not more than two feet below the wall plates.
B. 
- The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building. In any apartment building, the first story shall be counted wherein space is for residential or office use.
STREET
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 approved by official action as provided by statute; 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 to 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.
STRUCTURAL ALTERATION
Any change in the supporting members of a building, such as walls, columns, beams or girders.
STRUCTURE
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.
TANDEM PARKING SPACE
A parking space for two vehicles with only one access point.
UTILITY EQUIPMENT
Electric transformers, switch boxes, telephone pedestals and telephone boxes, cable television boxes, traffic control boxes and similar devices.
[Added 6-12-2003 by Ord. No. 2003-18]
VARIANCE
Permission to depart from the literal requirements of a zoning ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d of the Municipal Land Use Law.[4]
YARD
An open space, which lies between the principal building or group of buildings and the nearest lot line and is unoccupied and unobstructed from the ground upward except as herein permitted.
A. 
- An open space extending the full width of the lot measured from the front lot line, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured at right angles to the front lot line.
B. 
- A yard extending across the full width of the lot measured from the rear lot lines. The depth of a rear yard shall be measured at right angles to the rear lot line.
C. 
- An open, unoccupied space measured from the side lot line extending from the front yard to the rear yard. The width of a side yard shall be measured at right angles to the side line of the lot.
ZONING BOARD
The Board of Adjustment as established and continued under this chapter.
ZONING MAP
The Zoning Map or Maps of the Borough of Fort Lee, New Jersey, dated January 4, 1979, together with any amendments as may be subsequently adopted.
ZONING PERMIT
A document signed by the Zoning Officer which is required by the Land Use Procedures Ordinance of the Borough of Fort Lee as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion or installation of a structure or building and which acknowledges that such use, structure or building complies with the provisions of the Borough Zoning Ordinance or variance therefrom.
[Added 9-28-2000 by Ord. No. 2000-35]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: The former definition of “sign,” as amended 9-28-2000 by Ord. No. 2000-35, and which immediately followed this definition, was repealed 8-22-2002 by Ord. No. 2002-38. See now § 410-49B.
[4]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.