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Borough of Northvale, NJ
Bergen County
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Table of Contents
Table of Contents
Code
New Laws (3) Index Notes (1)
This chapter shall be known and may be cited and referred to as the "Revised Zoning Ordinance of the Borough of Northvale."
The purpose of this chapter is to exercise to the fullest extent the powers granted to the Borough to manage land use through zoning to the fullest extent permitted by the Municipal Land Use Law and the Constitutions of the United States and the State of New Jersey and to generally exercise the police power. To that end and without limiting the foregoing, the stated purpose of this chapter is the same as the Municipal Land Use Law and, in particular, N.J.S.A. 40:55D-2.
The Limiting Schedules and Zoning Map annexed to this chapter are hereby made a part hereof as if set forth at length herein.[1]
[1]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter; the Zoning Map is on file in the office of the Borough Clerk.
A. 
For purposes of this chapter, definitions or words used in this chapter shall have the same meanings as the definitions of said words in the Municipal Land Use Law,[1] unless the context clearly indicates a different meaning. Where a word is defined in this chapter and is defined in the Municipal Land Use Law, the definition in this chapter shall prevail unless the context clearly indicates a different meaning. Where a word is not defined in this chapter, the definition in the Municipal Land Use Law shall be applicable as if set forth herein. When not inconsistent with the context, words used in the present tense include the future; the singular number includes the plural and the plural, the singular; the word "lot" includes the word "plot"; the word "building" includes the word "structure"; the word "zone" includes the word "district"; the word "occupied" includes the words "designed" or "intended to be occupied"; the word "used" includes the words "arranged," "designed" or "intended to be used"; the word "shall" is always mandatory and not merely directory or permissive.
[1]
Editor's Note: See N.J.S.A. 40:55D-3 though 40:55D-7.
B. 
In accordance with the within stated provisions, the following words and their derivations shall have the meanings herein given:
ACCESSORY BUILDING
A building subordinate to the principal building on a lot and used for the purposes customarily incidental to those of the principal building. Where an accessory building is attached to a principal building in a substantial manner by a wall or roof, such accessory building shall be considered part of the principal building.
ADDITION
An extension or increase in floor area or height of a building or structure.
ADMINISTRATIVE OFFICER
The Zoning Officer who is designated pursuant to this chapter.
ALTERATION
A change or rearrangement in the structural parts or in the means of egress or an enlargement, whether by extending on a side or by increasing in height, or to change the use from that permitted in one zone to a use permitted in another, or to move a structure from one location or position to another.
APPLICANT
The landowner or the agent, optionee, contract purchaser or other person authorized to act for and acting for the landowner submitting an application under this chapter.
APPROVING AUTHORITY
The Planning Board or Zoning Officer when acting pursuant to the authority of this chapter.
[Amended 4-8-1998 by Ord. No. 726-98]
BOARD
The municipal board that is reviewing an application in accordance with the requirements of the New Jersey Municipal Land Use Law[2], either the Borough of Northvale Planning Board or Zoning Board of Adjustment.
[Added 5-9-2001 by Ord. No. 762-2001]
BODY SHOP
A facility for the repair of damage to motor vehicles.
BUFFER
Land area or areas used to visibly separate one use from another or to shield or block noise, lights or other nuisance elements to ensure privacy.
[Amended 5-9-2001 by Ord. No. 762-2001]
BUILDING
Any structure having a roof and intended for the housing, enclosure, shelter or protection of persons, animals or property. For the purposes of this chapter, a "building" shall be deemed to include a deck, porch or stoop, whether covered or uncovered.
BUILDING AREA
The total of areas, taken on a horizontal plane at the main grade level, of the principal building and all accessory buildings, including all areas comprised of decks, porches or stoops, all of which must comply with the Limiting Schedules adopted herein along with any of its subsequent amendments or revisions.[3]
BUILDING LINE
A line parallel to the front line and removed from it by the depth of the required front yard. The "building line," for the purposes of this chapter, shall be the same as the setback line.
CHILD-CARE CENTER
Any facility which is maintained for the care, development, or supervision of six or more children under six years of age who attend for less than 24 hours per day and which is licensed by the New Jersey Department of Human Services.
[Added 8-12-2020 by Ord. No. 1023-2020]
CLEANERS
A service cleaning establishment with machines to be used by an operator on the premises.
CONDITIONAL STANDARDS
The definite specifications and standards which are to be used by the approving authority in the review of a conditional use application.
CONDITIONAL USE
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.
CONSTRUCTION OFFICIAL
The person appointed pursuant to that section of the Code of the Borough of Northvale establishing a State Uniform Construction Code Agency.[4]
DOG KENNELS
An establishment in which five or more dogs are housed, boarded, or sold, all for a fee or compensation.
[Added 8-12-2020 by Ord. No. 1023-2020]
DRIVE-IN FACILITY
An establishment designed or operated to serve a patron while seated in an automobile.
DWELLING
Any building designed and containing one or more dwelling units used and occupied as the principal residence or abode of the persons residing therein.
[Amended 12-22-1982 by Ord. No. 450-H]
(1) 
DWELLING UNITAn area or space within a dwelling designed for or occupied by one or more persons living together and providing complete and common living facilities for their exclusive use, including permanent provisions for living, sleeping, dining, cooking and sanitation.
(2) 
SINGLE-FAMILY DWELLING UNITA detached dwelling containing one dwelling unit.
(3) 
TWO-FAMILY DWELLING UNITA building designed for or occupied by two or more persons living in two separate and distinct dwelling units, as that term is defined herein.
(4) 
MOTHER-DAUGHTER DWELLING UNITA single-family dwelling unit, as that term is defined herein, which has been expanded or altered to accommodate one or more persons related to the principal occupants by blood, adoption or marriage, including foster children, that provides some, but not all, of the living, dining, cooking and sanitation facilities usually associated with an independent and separate dwelling unit and which shares a common front entrance and common metered utilities to the dwelling.
[Amended 5-9-2001 by Ord. No. 762-2001]
(5) 
MULTIFAMILY DWELLING UNITA dwelling containing three or more dwelling units, including units that are located one over the other.
[Added 8-27-2019 by Ord. No. 1007-2019[5]]
(6) 
TOWNHOUSE DWELLING UNITAn attached dwelling unit that has its own front and rear access to the outside, is not located over another unit and is separated from any other unit by one or more vertical common fire-resistant walls.
[Added 5-9-2001 by Ord. No. 762-2001]
(7) 
TOWNHOME DWELLING UNITAn attached dwelling unit with direct access to the outside with units located over one another and each unit separated by vertical fire-resistant walls and horizontal fire-resistant floors and ceilings.
[Added 5-9-2001 by Ord. No. 762-2001]
EFFICIENCY APARTMENT
An apartment unit where there is no bedroom, but within a room, such as a living room, there is a convertible bed or screened area with a bed.
EXERCISE STUDIO
A facility that provides physical fitness programs and activities, including fitness classes and programs such as Pilates, yoga, kickboxing, CrossFit, etc.
[Added 8-12-2020 by Ord. No. 1023-2020]
FAMILY
One or more persons related by blood, adoption or marriage, including foster children, living and cooking together as a single housekeeping unit, exclusive of household servants; or a number of persons, but not exceeding three, living and cooking together as a single housekeeping unit, where one or more of such persons are not related by blood, adoption or marriage to others shall also be deemed to constitute a "family."
FAMILY DAY-CARE
The private residence of a family day-care provider, which is registered as a family day-care home pursuant to the Family Day Care Provider Registration Act.
[Added 8-12-2020 by Ord. No. 1023-2020]
FENCE or FENCE WALL
An enclosing or dividing framework for land, yard, property or garden, composed generally of materials to form a vertical plane perpendicular to the ground.
GARAGE
The building or part thereof where motor vehicles are kept without any provisions for the general maintenance or repair of such vehicles.
GREEN AREA
The percentage of area of the lot not devoted to building, structures, paving, driveways, ingress and egress, sheds, open storage and similar uses and landscaped or left to remain in a wooded or natural state.
HEIGHT
The vertical distance measured from the average elevation of the finished grade at the front yard of the building or structure to the highest point of the roof for flat roofs, to the deckline of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
HOME OCCUPATION
The professional office studio or service of a resident physician, surgeon, dentist, lawyer, architect, artist, accountant, musician, teacher or psychologist, or a person in a substantially similar profession, provided that the professional service or office work therein complies with Section 200-10.
[Amended 5-9-2001 by Ord. No. 762-2001]
HOUSE TRAILER
Any portable or mobile structure or vehicle used as a dwelling unit or for sleeping purposes or for the conduct of business, whether or not such vehicle or structure is attached to a foundation.
LAUNDROMAT
A service cleaning establishment with machines for hire to be used by customers on the premises.
LOT
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; one or more contiguous parcels of land united by a common interest or use considered as a unit occupied by a principal building or zoning use and its accessory buildings and uses, if any, including the open spaces of such unit of land. It may or may not coincide with the deed description thereof or the boundaries of the same as shown on the Tax Assessment Map of the Borough of Northvale or a map filed for record or otherwise.
LOT AREA
The area of a horizontal plane bounded by the front, side and rear lot lines.
LOT, CORNER
A lot having two or more front lot lines. A "corner lot," as so defined herein, shall comply with the setback requirements on both front lot lines or streets.
LOT COVERAGE
The percentage of area of a lot devoted to a principal or accessory building or structures; provided, however, that roof eaves shall not be included in the computation of "lot coverage."
LOT, DEPTH OF
The mean horizontal distance between the front and rear lot lines.
LOT FRONTAGE
The horizontal distance measured along the full length of the front lot line.
LOT, INTERIOR
A lot other than a corner lot.
LOT LINE, FRONT
A boundary of a lot which is along an existing or dedicated public street or, where no such existing or dedicated public street exists, along a public way. If a lot has two or more front lines, as in the case of a corner lot, the owner or developer shall designate to the approving authority the location of the "front lot line."
LOT LINE, REAR
The lot line which is more distant from and most nearly parallel to the front lot line. If a "rear lot line" is less than 15 feet in length or if a lot comes to a point at the rear, the "rear lot line" shall be a line at least 15 feet in length, lying wholly within the lot and parallel to the front lot line. If a lot has two or more front lot lines, the owner or developer shall designate to the approving authority the location of the "rear lot line."
LOT LINE, SIDE
Any boundary of a lot which is not a front lot line or a rear lot line.
LOT, WIDTH OF
The straight line distance between points on opposite side lot lines where the boundary between the front yard and the side yards meet such side lot lines.
MANUFACTURE
The converting of raw, unfinished materials or products, or any or either of them, into an article or articles or substance of a different character or for use for a different purpose.
MASTER PLAN
A composite of the mapped and written proposals recommending the natural, physical and economic development capacities and goals of the Borough which has been adopted by the Northvale Planning Board.
MINIMUM LIVING FLOOR AREA
The habitable area of a home or apartment customarily used for living such as a kitchen, dining room, living room, bedroom, bathroom, family room, game room, hall, foyer, entry and closet and excluding basements, attics, garages and storage areas.
MUNICIPAL LAND USE LAW
P.L. 1975, c. 291, N.J.S.A. 40:55D-1 et seq., and all the subsequent amendments thereto.
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 reason 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.
OFF-STREET PARKING
The on-site parking of motor vehicles.
PARKING SPACE
An area available for parking of a motor vehicle and designed in accordance with Section 200-13.
[Amended 5-9-2001 by Ord. No. 762-2001]
PERSONAL SERVICE
An establishment primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Personal service establishments shall include, but are not limited to, salons, barbershops, nail salons, clothing and shoe cleaning and repair, tailors, and the like.
[Added 8-12-2020 by Ord. No. 1023-2020]
PREMISES
The lot and any structures thereon, on or in which a subject use is situated.
PROFESSIONAL OFFICE
The office of a member of a recognized profession maintained for the conduct of that profession.
[Added 8-10-2010 by Ord. No. 876-2010]
PROPERTY LINE
The same as a lot line for the purposes of this chapter.
RESIDENTIAL AGRICULTURE
The on-site growing, harvesting or keeping of plants for the consumption and enjoyment of residents of the property and not for commercial purposes.
RESTAURANT
A public eating or drinking establishment in which the primary function is the preparation and serving of food and drink on the premises and for on-site consumption. Retail establishments that may serve food and drink as an accessory use, such as delicatessens or supermarkets, are excluded from this definition for the purposes of this chapter, provided that no facilities for the consumption of food and drink exist on the premises. Any building or premises used as a restaurant shall comply with the standards in Section 200-10.
[Amended 10-9-1991 by Ord. No. 635-91; 8-10-1994 by Ord. No. 675-94; 5-9-2001 by Ord. No. 762-2001]
RESTAURANT, DRIVE-IN
An establishment serving food to persons outside the building in which the food is prepared and/or providing tables, benches or automobile parking spaces where food may be eaten outside such building.
RESTAURANT, TAKE-OUT
An establishment preparing food to be taken outside of the establishment and consumed off the premises. Take-out restaurants shall comply with the following standards:
[Added 8-9-1995 by Ord. No. 689-95]
(1) 
Tables, chairs and stools shall be prohibited inside the establishment.
(2) 
No food or drink shall be consumed at the counter or any other place within the establishment or outside on the premises.
(3) 
Chairs may be permitted, only with prior written approval of the Code Compliance Official, solely for the convenience of customers waiting for food to be prepared.
(4) 
A sign not smaller than 11 inches by 14 inches in size must be posted in a conspicuous place, or as required by the Code Compliance Official stating that it is prohibited to eat or drink in said establishment.
RETAIL
An establishment engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
[Added 8-12-2020 by Ord. No. 1023-2020]
RETAIL GAS STATION
Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sale of vehicular fuels. Retail gas stations customarily include a convenience store providing retail sales of food items and other goods to customers.
[Added 8-12-2020 by Ord. No. 1023-2020]
SELF-STORAGE FACILITY
A building containing separate, individual, and private storage spaces of varying sizes leased or rented on individual leases for varying periods of time.
[Added 8-12-2020 by Ord. No. 1023-2020]
SERVICE CLEANING ESTABLISHMENT
A retail business that uses washing, drying, dry-cleaning, pressing, ironing and similar machines for the care and cleaning of customers' clothes and household dry goods. Excluded from this definition for the purposes of this chapter are laundry areas which serve as accessorial use to apartments and the exclusive use by tenants and owner.
SERVICE REPAIR FACILITY
Any building, land area, or other premises used for servicing motor vehicles, which may include routine maintenance, vehicle parts, major repair services, body repair, and painting. The sale and installation of lubricants, tires, batteries, and similar vehicle accessories may also be conducted.
[Added 8-12-2020 by Ord. No. 1023-2020]
SERVICE STATION
[Repealed 8-12-2020 by Ord. No. 1023-2020]
SETBACK
The distance from the property line to a building or parking or other space, measured at right angles to the property line. The front, interior side, corner side and rear setbacks shall be measured from the front, interior side, corner side and rear lot lines, respectively.
SHOPPING CENTER DEVELOPMENT
A group of commercial establishments which provide for the sale of the daily living needs, such as food or drugs, as well as personal services, such as apparel or furniture, banking, professional services and recreation. Such center should be developed as a unit. A shopping center development shall be comprised of no less than 20,000 contiguous square feet of ground space and shall comply with the standards in Section 200-10.
[Amended 5-9-2001 by Ord. No. 762-2001]
SOLAR ENERGY SYSTEM
A system of panels or other solar energy devices, including solar-related equipment, the purpose of which is to provide for the collection, inversion, storage, and distribution of solar energy for electricity generation, space heating, space cooling, or water heating to a principal structure, which the system is mounted on.
[Added 12-29-2020 by Ord. No. 1028-2020]
STORAGE SHED
Any structure having a roof and intended for the enclosure, shelter or protection of personal property.
[Added 12-23-1981 by Ord. No. 450-G]
STORE
A building structure devoted primarily to the retail sales of goods and services and where the service is performed or the goods to be sold are prepared in their finished form on the premises.
STREET LINE
The dividing line between the street and the lot.
STRUCTURAL PART
A principal member which is used to support live and/or dead loads such as a bearing partition, bearing wall, beam, girder, column, pier or post; but, however, excluding such secondary elements as a joist, flooring, decking or lintel whose supporting area is no greater than 40 square feet and excluding nonbearing partition walls.
USE
The specific purpose for which land or a building is occupied, intended or maintained.
USE, ACCESSORIAL
A use clearly incidental to the principal use and located on the same lot with such principal use. "Accessorial use" shall have the same meaning as "accessory use."
[Amended 5-9-2001 by Ord. No. 762-2001]
USE, PRINCIPAL
The primary purpose for which a lot is used.
USE, PROHIBITED
A use not permitted within a district. Those uses not expressly permitted within this chapter are prohibited. The listing of certain uses as specifically prohibited reiterates the prohibition regarding those particular uses to avoid doubt or confusion.
YARD
The area on a lot extending along a lot line between such lot line and a building, structure or use occupying such lot.
YARD, FRONT
A yard extending the full width of a lot and situated between the street line and the line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the line of the building and the street line.
YARD, REAR
A yard extending the full width of the lot situated between the rear line of the building and the rear line of the lot.
YARD, SIDE
A yard situated between the building on the side line of the lot and extending from the front yard to the rear yard.
ZONING OFFICER; DEPUTY ZONING OFFICER
That person who shall be responsible for the administration and enforcement of the zoning and land use laws of the Borough of Northvale. The Zoning Officer shall serve for a one-year term commencing in January of each year. The Zoning Officer shall be appointed by nomination of the Mayor and confirmation by the majority of the full membership of the Council. There shall also be a Deputy Zoning Officer whose term shall coincide with that of the Zoning Officer and who shall be appointed in the same manner as the Zoning Officer. The Deputy Zoning Officer shall report directly to the Zoning Officer and shall in all respects be subordinate to and subject to the direction of the Zoning Officer. The Deputy Zoning Officer shall have the power to issue summonses only in the absence of the Zoning Officer or at the express direction of the Zoning Officer.
[Amended 4-22-1981 by Ord. No. 450-F; 5-8-1985 by Ord. No. 532-85; 7-10-1985 by Ord. No. 539-85]
[2]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[3]
Editor's Note: The Limiting Schedules are included as an attachment to this chapter.
[4]
Editor's Note: See Ch. 84, Construction Codes, Uniform.
[5]
Editor's Note: This ordinance specifically included this new definition as Subsection (5). Thus, former Subsections (5) and (6) were redesignated as Subsections (6) and (7) in order to accommodate the addition of this definition.