A.Â
Word usage. The following definitions shall be used for purposes
of this chapter. Words used in the present tense include future; words
used in the singular number include the plural number and vice-versa;
the word "used" shall include arranged, constructed, erected, altered,
designed, converted, rented or intended to be used; the word "lot"
shall include the word plot, premises and tract; the word "building"
shall include the words residence, structure, living unit and dwelling;
the word "shall" is mandatory; and the word "may" is discretionary.
Unless otherwise provided herein, all other words and terms shall
be defined by their standard usage.
B.Â
ACCESSORY BUILDING, STRUCTURE AND USE
ACT
ADMINISTRATIVE OFFICER
ALTERATIONS OR ADDITIONS, STRUCTURAL
APARTMENT UNITS
APPLICANT
BASEMENT
BILLBOARD
BLOCK
BUFFER
BUILDING
BUILDING COVERAGE
BUILDING HEIGHT
CANNABIS TESTING FACILITY
CELLAR
CIRCULATION
COMMON PROPERTY
CONDITIONAL USE
CONDOMINIUM
DEAD-END STREET
DEVELOPER
DEVELOPMENT
DEVELOPMENT REGULATION
DRAINAGE
DRAINAGE RIGHT-OF-WAY
DWELLING, DETACHED
DWELLING UNIT
EROSION
FAMILY
FILING DATE
FINAL APPROVAL
FINAL PLAT
FLOOR AREA
GARAGE SALES
HEALTH-CARE FACILITIES
HOMEOWNERS' ASSOCIATION
HOUSEKEEPING UNIT
INDUSTRIAL PARK
LAND
LOADING SPACE
LOT
LOT AREA
LOT, CORNER
LOT, DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT WIDTH
MAINTENANCE GUARANTY
MAJOR SUBDIVISION
MASTER PLAN
MIDRISE APARTMENT
MINIMUM LIVING FLOOR AREA
MINOR SUBDIVISION
MUNICIPAL AGENCY
NONCONFORMING BUILDING OR STRUCTURE
NONCONFORMING LOT
NONCONFORMING STRUCTURE
NONCONFORMING USE
OFF-SITE
OFF-TRACT
ON-SITE
ON-TRACT
OPEN SPACE
PARKING SPACE
PERFORMANCE GUARANTY
PERMITTED USE
PLANNED DEVELOPMENT
PLANNING BOARD
PLAT
PRELIMINARY APPROVAL
PRINCIPAL USE
PROFESSIONAL HOME OFFICE
PUBLIC AREA
PUBLIC DRAINAGEWAY
PUBLIC OPEN SPACE
PUBLIC PURPOSE USES
RESIDENTIAL DENSITY
RESTAURANT
RESTAURANT, DRIVE-IN
RESTAURANT, FAST-FOOD
RESUBDIVISION
SCHOOLS
SERVICE STATION
SETBACK LINE
SIGN
SITE PLAN
SITE PLAN REVIEW
STORAGE SHED, PRIVATE
STORY
STREET
STREET LINE
STRUCTURE
SWIMMING POOL, PORTABLE
SWIMMING POOL, PRIVATE
TRACT
VEHICLE, RECREATIONAL
VEHICLES, COMMERCIAL
VEHICLES, MAJOR REPAIR
VEHICLES, MINOR REPAIR
WADING POOL
YARD, FRONT
YARD, REAR
YARD, SIDE
As used in this chapter, the following terms shall have the meanings
indicated:
That which is customarily associated with and is subordinate
to and incidental to the principal building, structure or use and
is located on the same lot. An accessory building or structure attached
to a principal building or structure shall comply in all respects
with the requirements applicable to the principal building or structure.
N.J.S.A. 40:55D-1 et seq. (the Municipal Land Use Law).
The secretary of the Planning Board, in the case of application
to such Board; the secretary to the Board of Adjustment, in case of
application or appeal to such Board; and the Clerk of the governing
body, in case of appeal to such body.
Any change in or additions to the supporting members of a
building, such as walls, columns, beams, girders, posts or piers.
A portion of a building designed or used exclusively as the
residence or sleeping place of one or more persons, constituting one
family and shall include cooking and plumbing facilities.
A developer submitting an application for development.
A story below first floor level when the first floor level
is up to but not including four feet above ground level.
Any structure or portion thereof on which lettered or pictorial
matter is displayed for advertising purposes other than that on a
building or its ground giving the name and occupation of the user
of the premises, the nature of the business conducted therein or the
products primarily sold or manufactured therein.
The area bounded by local, secondary or major streets sufficiently
large enough to accommodate a lot or lots of the minimum size required
in this zoning chapter.
Any structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, piers or walls
and intended for the shelter, business, housing or enclosing of persons,
animals or property.
The square footage or other area measurement by which all
buildings occupy a lot as measured on a horizontal plane around the
periphery of the foundation and including the area under the roof
of any structure supported by columns, but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns.
The vertical distance measured to the highest point from
the plan elevation of the finished grade five feet away from the foundation
along the side(s) of the building facing a street or to the street
line, whichever is closer to the foundation. On a corner lot, the
height shall be measured on the street having the greatest slope.
An independent, third-party entity meeting accreditation
requirements established by the Cannabis Regulatory Commission that
is licensed to analyze and certify cannabis items and medical cannabis
for compliance with applicable health, safety, and potency standards.
[Added 11-10-2021 by Ord. No. 9-2021]
The area below first floor level, when the first floor level
is at ground level.
The provision for the movement of goods, people, water and
sewage or power by means of streets, highways, railways, waterways,
airways, pipes, conduits or other means and including facilities for
transportation, transit and communication.
Land and improvements designed and intended for the ownership,
use and enjoyment by the residents and owners of the development.
Common property may contain such complementary structures and improvements
as are necessary and appropriate for the benefit of the residents
and owners of the development.
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 zoning chapter and upon the issuance of an authorization
therefor by the municipal agency.
An apartment or townhouse building(s) where each dwelling
unit is individually owned while common property is collectively owned
and maintained by all residents of the building(s).
A street used primarily for access to abutting properties
whose entrance and exit is the same.
The legal or beneficial owner or owners of a lot or of any
land proposed 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.
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 any
mining, excavation of landfill and 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 pursuant to this chapter.
A zoning ordinance, subdivision ordinance, site plan ordinance,
official map ordinance or other municipal regulation of the use and
development of land or amendment thereto adopted and filed pursuant
to this chapter.
The removal of surface water or groundwater from land by
drains, storm sewers, grading or other means and includes control
of runoff to minimize erosion and sedimentation during and after construction
or development and means necessary for water supply preservation or
prevention or alleviation of flooding.
The land required for the installation of stormwater sewers
or drainage ditches or those lands required along a natural stream
or watercourse for preserving the channel and providing for the flow
of water herein to safeguard the public against flood damage.
A building physically detached from other buildings or portions
of buildings which is occupied or intended to be occupied for residential
purposes by one housekeeping unit and which has its own sleeping,
sanitary and general living facilities.
A room or series of connected rooms containing living, cooking,
sleeping and sanitary facilities for one housekeeping unit.
The detachment and movement of soil or rock fragments by
water, wind, ice and/or gravity.
One or more persons related by blood, marriage or legal adoption
and shall include foster children, or two persons of the same sex,
living and cooking together as a single housekeeping unit.
The date a development proposal shall be deemed to be complete
and received for filing by formal action of the municipal agency.
All time restrictions for taking action upon development proposals
or otherwise rendering a decision provided for by this chapter shall
thereupon commence.
The official action of the municipal agency taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of the subdivision which
is presented for final approval in accordance with these regulations
and which, if approved, shall be filed with the proper county recording
officer.
The residential portion of a dwelling unit, excluding basement,
attics, porches, terraces, breezeways, carports, heating rooms, unheated
areas and garages, measured by using the area within the outside of
exterior walls. In nonresidential uses, areas used for storage space
shall be included in the gross floor area. The gross floor area of
a townhouse, apartment or other attached structure shall be measured
from the center of interior walls and the outside of exterior walls.
In residential uses, the ceiling height of 75% of the area must be
at least seven feet six inches, with a permanent fixed access.
Includes all sales entitled "garage sale," "lawn sale," "attic
sale," "rummage sale," "yard sale," "craft sale" or "flea market sale"
or any similar casual sale of tangible personal property which is
advertised by any means whereby the public at large is or can be made
aware of such sale.
Institutions containing beds for four or more patients where
the sick or injured are given medical or surgical care, limited to
the diagnosis and treatment of human beings only. For purposes of
this chapter, health-care facilities are limited to hospitals, rest
homes, nursing homes and convalescent homes.
An incorporated nonprofit organization operating in a planned
unit residential development (PURD) under recorded land agreements
through which each lot owner, apartment owner or dwelling unit owner
is automatically a member, each occupied dwelling unit or apartment
unit is automatically subject to a charge for a proportionate share
of the expenses for the organization's activities and maintenance,
including any maintenance costs levied against the association by
the Borough, and each owner and tenant has the right to use the common
property.
One or more persons living together in one dwelling unit
on a nonseasonal basis and sharing living, sleeping, cooking and sanitary
facilities on a nonprofit basis.
An area wherein one or more buildings are erected for industrial
purposes in relation to one another as part of an integrated and comprehensively
planned total unit, whether or not the buildings are erected simultaneously
or over a period of time.
Includes improvements and fixtures on, above or below the
surface.
An off-street space or berth on the same lot with a building
or group of buildings for the temporary parking of a commercial vehicle
while loading or unloading.
Any parcel of land separated from other parcels or portions
as by a lawful subdivision or deed of record, survey, map or by metes
and bounds and occupied or intended to be occupied by a principal
building or a series of buildings and accessory buildings, including
such open spaces as provided herein, and fronting on a public street,
except that for purposes of this chapter, contiguous undersized lots
under one ownership shall be considered one lot; and except further
that no portion of a street shall be included in calculating the lot
boundaries or areas.
The area contained within the lot lines of a lot but shall
not include any portion of a street right-of-way.
A lot on the junction of and abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
The shortest horizontal distance between the front lot line
and a line drawn parallel to the front lot line through the midpoint
of the rear lot line.
The horizontal distance between side lot lines measured along
a street line which actually provides access to an existing or proposed
building or structure. Frontage requirements must be met by showing
that the proposed frontage is upon a street or road from which access
is physically possible and legally permissible. The minimum lot frontage
shall be the same as the lot width, except that on curved alignments
with an outside radius of less than 500 feet, the minimum horizontal
distance between the side lot lines measured at the street line shall
not be less than 75% of the required minimum lot width. In the case
of a corner lot, either street frontage which meets the minimum frontage
required for that zone may be considered the lot frontage.
A lot other than a corner lot.
Any line forming a portion of the exterior boundary of a
lot and the same line as the street line for that portion of a lot
abutting a street.
The straight and horizontal distance between side lot lines
at setback points on each side lot line measured an equal distance
back from the street line. The minimum lot width shall be measured
at the minimum required building setback line. Where side lot lines
are not parallel, the minimum lot width at the street line shall not
be less than 75% of the minimum lot width for the zoning district
in which the lot is located.
Any security, other than cash, which may be accepted for
the maintenance of any improvements required by this chapter.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the municipality as adopted pursuant to law.
A multifamily residential building having more than 2Â 1/2
stories in height but less than six stories in height, excluding basements
or cellars.
The number of square feet as measured from the interior of
an apartment, including all walls, toilets, closets, etc.
A subdivision of land that does not involve the creation
of more than three lots, planned development, any new street or extension
of any off-tract or off-site improvement by either the developer or
the Borough. There shall be only one minor subdivision of a parcel
of land within a period of five years. All subsequent subdivisions
shall be classed major subdivisions.
The Municipal Planning Board or Board of Adjustment or governing
body of the Borough when acting pursuant to this chapter.
A building or structure which, in its location upon a lot
or in its dimensions or in its size does not conform to the regulations
of this chapter for the zone in which it is located, but which was
lawful prior to the adoption, revision or amendment to this chapter.
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.
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 requirement of the zoning district
in which it is located by reason of such adoption, revision or amendment.
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.
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 contiguous portion of a street or
right-of-way.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
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 designated
to be incidental to the natural openness of the land.
An area of not less than nine feet wide by 18 feet in length,
either within a structure, provided that the structure is devoted
exclusively to parking, or in the open, for the parking of motor vehicles,
exclusive of driveways, access drives, fire lanes and public rights-of-way,
except that nothing shall prohibit private driveways for detached
dwelling units from being considered off-street parking areas, provided
that no portion of such private driveway within the right-of-way line
of the street intersected by such driveway shall be considered off-street
parking space. The area is intended to be sufficient to accommodate
the exterior extremities of the vehicle, whether in addition thereto
wheel blocks are installed within this area to prevent the bumper
from overhanging one end of the parking space. The width and length
of each space shall be measured perpendicular to each other regardless
of the angle of the parking space to the access aisle or driveway.
Any security which may be accepted, including cash, provided
that the Borough shall not require more than 10% of the total performance
guaranty in cash.
Any use of land or buildings as permitted by this chapter.
Planned unit development, planned unit residential development,
residential cluster, planned commercial development or planned industrial
development, all as more fully defined by N.J.S.A. 40:55D-6 and whether
or not such development shall be permitted within the Borough of Riverdale.
The Municipal Planning Board established pursuant to this
chapter.
A map or maps of a subdivision or site plan.
The conferral of certain rights pursuant to Sections 34,
36 and 37 of the Municipal Land Use Law[1] prior to final approval after specific elements of a development
plan have been agreed upon by the municipal agency and the applicant.
The main purpose for which a lot or building is used.
An office maintained in a residential district incidental to and part of the residential detached dwelling on the lot. Such office shall be conducted solely by resident occupants of the detached dwelling except that no more than two persons not residents of the building may be employed and provided also that not more than 1/2 of the first floor area of such building shall be used for such purpose; that the gross floor areas for the residence shall remain at least as large as that required for a detached dwelling; that the residential character of the lot and building shall not be changed; that no occupational sounds shall be audible outside the building; that no equipment shall be used which will cause interference with radio and television reception in neighboring residences; that the professional office does not reduce the parking and yard requirements of the detached dwelling; and that there is no exterior evidence of the professional office other than one unlighted nameplate sign identifying the home office. (See § 168-27 for additional sign requirements.) For purposes of this chapter, professional home offices shall be limited to those of a doctor, dentist, architect, engineer, lawyer, real estate agent, insurance broker or accountant. Site plan review and approval shall be required.
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 channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
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.
The use of land or buildings by the governing body of the
Borough of any officially created authority or agency thereof.
The number of dwelling units per gross acre of residential
land and area, including streets, easements and open space portions
of a development.
Any establishment, however designated, at which food is sold
for consumption on the premises. However, a snack bar or refreshment
stand at a public or community swimming pool, playground, golf course,
playfield or park, operated solely by the agency or group operating
the recreational facility and for the convenience of patrons of the
facility, shall not be deemed to be a restaurant.
Any fast-food restaurant which also provides drive-in facilities
which allow customers to be served directly from the building without
leaving their automobiles.
Any restaurant, refreshment stand, snack bar, dairy bar,
hamburger stand or hot dog stand where food is served for consumption
at counters, stools or bars inside or outside the building or for
consumption in automobiles parked on the premises, whether brought
to said automobiles by the customer or by employees of the restaurant,
regardless of whether or not additional seats or other accommodations
are provided for customers inside the building.
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 approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
Any nonprofit educational facility, including private schools,
nursery schools, day-care facilities, elementary schools and high
schools.
Land and buildings providing for the sale of fuel, lubricants
and automotive accessories. Maintenance and minor repairs for motor
vehicles may be provided, but no body repairs or painting or the storage
of inoperable or wrecked vehicles shall be permitted.
A line drawn parallel with a street line or lot line and
drawn through the point of a building nearest to the street line or
lot line. The term "required setback" means a line that is established
a minimum horizontal distance from the street line or the lot line
and beyond which a building or part of a building is not permitted
to extend toward the street line or lot line.
Any building, structure or device or portion thereof on which
any announcement, declaration, demonstration, display, illustration
or insignia used to advertise or promote the interest of any person
or product when the same is placed in view of the general public,
including flags and pennants.
A development plan of one or more lots on which is shown
the existing and proposed conditions of the lot, including but not
necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; the location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress and egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and any other information that may reasonably be
required in order to make an informed determination pursuant to the
Act.
The examination of the specific development plan for a lot.
Wherever the term "site plan approval" is used in this chapter, it
shall be understood to mean a requirement that the site plan be reviewed
and approved by the Planning Board or the Board of Adjustment.
An accessory building or structure only for the storage of
tools, implements, appliances and other items incidental to the care
and upkeep of the dwelling unit or structure on the lot. Such sheds
shall be constructed with a foundation to keep the building stationary
and intact and shall be limited in size by the accessory building
requirements of the individual districts.
That portion of a building included between the surface of
any floor and the surface of the next floor above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it. For the purposes of this chapter, the interior of the
roof shall not be considered a ceiling. A half-story is the area under
a pitched roof at the top of a building, the floor of which is at
least four feet, but no more than six feet, below the plate.
Any street, avenue, boulevard, road, lane, parkway, viaduct,
alley or other way which is an existing state, county or municipal
roadway, or a street or way shown upon a plat heretofore approved
pursuant to law or approved by official action pursuant to the Municipal
Planning Act (N.J.S.A. 40:55-1.1 et seq., as amended), or a street
or way 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, sidewalks, park areas
and other areas within the street lines.
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Master
Plan or Official Map, forming the dividing line between the street
and a lot.
Anything constructed, assembled or erected which requires
location on the ground or attachment to something having such location
on the ground, including buildings, fences, tanks, towers, signs,
advertising devices, swimming pools and tennis courts.
Any above-surface type of swimming pool constructed of canvas,
rubber, plastic or other material, not designed or intended to be
stationary or permanently fixed but designed and intended to be removed
and stored.
Any private pool, whether permanently constructed or of the
portable type, having a depth of more than 18 inches below the level
of the surrounding land, or any above-surface pool having a depth
of more than 18 inches, and in each case a surface area exceeding
100 square feet, designed, used and maintained for swimming or bathing
purposes by an individual for use by members of his household and
guests and located on the same lot as the residential structure to
which it is accessory, including all buildings, structures, equipment
and appurtenances thereto.
An area of land composed of one or more lots adjacent to
one another, having sufficient dimensions and area to make one parcel
of land meeting the requirements of this chapter for the use(s) intended.
The land area may be divided by one existing public street and still
be considered one tract.
A vehicular type of portable structure which may be towed,
hauled or driven and which is primarily designed as a temporary living
accommodation for recreational camping and travel, including, but
not limited to travel trailers, truck campers, camping trailers and
self-propelled motor homes. For purposes of regulating use, boats,
motorcycles, ATVs, snow mobiles, and similar equipment, including
the trailers used transport same, shall also be included. Recreational
vehicles shall not exceed a gross weight of 15,000 pounds, or have
a bumper-to-bumper length of 24 feet or a height (including trailer)
of 10 feet measured to the top of the roof.
Any vehicle used or designed to be used for commercial purposes
on the highways, roadways or in construction, whether or not said
vehicle is registered as or bears commercial-type license plates.
However, certain sedan delivery trucks or motor truck and certain
commercial vehicles may be deemed passenger vehicles if such vehicles
are commercial only because they are licensed as a commercial vehicle
but otherwise would qualify as a passenger vehicle without reservation.
Includes rebuilding of engines and/or transmissions, installing
axles, body work and vehicle painting. Typically not completed in
a single day.
Includes battery replacement, small part changes, tire repair,
brake servicing, oil change, lubrication, engine tune-ups and minor
routine maintenance. Typically same-day repair.
Any shallow pool or man-made body of water, not included
under the definition of "private swimming pool."
An open space extending across the full width of the lot
and lying between the street line and the closest point of any building
on the lot. The depth of the front yard shall be measured horizontally
from a line drawn parallel to the center line of the street, said
line being no closer at any point than 40 feet from the center line
of an arterial street; 33 feet from the center line of a collector
street; 28 feet from the center line of a primary local street; and
25 feet from the center line of a secondary local street. The minimum
required front yard shall be the same as the required setback.
An open space extending across the full width of the lot
and lying between the rear lot line and the closest point of the principal
building on the lot. The depth of the rear yard shall be measured
horizontally and at right angles to either a straight rear lot line
or the point of tangent of curved rear lot lines. The minimum required
rear yard shall be the same as the required rear setback.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the closest point of the
principal building on the lot. The width of the required side yard
shall be measured horizontally and at right angles to either a straight
side line or the point of tangent of curved lot lines.
[1]
Editor's Note: See N.J.S.A. 40:55D-46, 40:55D-48 and 40:55D-49,
respectively.
