A.
Unless otherwise expressly stated, the terms set out in § 250-55 shall, for the purpose of this chapter, have the meanings therein indicated.
B.
Words
used in the present tense include the future tense, words in the singular
include the plural, and words in the plural include the singular.
C.
The word
"person" includes a corporation, partnership and any other legal entity,
as well as an individual.
D.
The word
"lot" includes the word "plot."
E.
The term
"occupied or used," as applied to any building, shall be construed
as though followed by the words "or intended, arranged or designed
to be occupied or used."
F.
The word
"shall" is mandatory; the word "may" is permissive.
G.
Terms
not defined herein shall be interpreted in accordance with the definitions
set forth in the Municipal Land Use Act (N.J.S.A. 40:55D-1 et seq.),
and if not defined therein, then in accordance with their normal meaning
and customary usage.
As used in this chapter, the following terms shall have the
meanings indicated:
An establishment for the sale of prepared food, following
all applicable health code requirements, located within a facility
whose primary function is food or beverage production.
[Added 11-12-2014 by Ord. No. 14-34]
The retail sales of various products, including food service,
in a store or similar facility that is located within a health care,
hotel, office, industrial, or institutional complex. These uses include
pharmacies, gift shops, and food service establishments within hospitals;
gift shops, convenience stores and food service establishments within
hotel, office, industrial, and institutional complexes. This use category
also includes retail associated with commercial and industrial uses
for the products sold, distributed or manufactured on site.
[Added 11-12-2014 by Ord. No. 14-34]
A place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still or motion-picture machines, projectors,
or other image-producing devices or viewing booths are maintained
to show images or display live performances distinguished or characterized
by the depicting or describing of specified sexual activities or specified
anatomical areas.
[Added 5-27-1992 by Ord. No. 92-13]
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any sexual paraphernalia.
[Added 5-27-1992 by Ord. No. 92-13]
A medical facility that provides same-day surgical care,
including diagnostic and preventive procedures, to patients not requiring
hospitalization.
[Added 11-12-2014 by Ord. No. 14-34]
All amusement games or devices of the type commonly known
and designated as "bagatelle," "pinball machines," "video or electronic
games," "computer games" or any similar amusement games or devices
operated, maintained, used or activated by means of a token, coin
or similar object for the purpose of amusement or skill for which
a fee is charged.
A structure containing facilities for washing automobiles
using a chain conveyor or other method of moving the cars along, and
automatic or semiautomatic application of cleaner, brushes, rinse
water or heat for drying.
[Added 12-7-1993 by Ord. No. 93-20]
A portion of a building, the floor level of which is below
grade at any point on the periphery of the building, having a height
of six feet or more, as measured from floor to ceiling, and having
more than 1/2 of its height above the average grade.
An area bounded by any of the following or any combination
thereof:
The Board established pursuant to Article IV of this chapter.
A building detached from and subordinate to the principal
building on a lot, used for purposes customarily incidental to those
of the principal building.
The design of architectural details of a building facade
that modulates the building mass in order to create a complementary
pattern or rhythm that divides the facade into sections and creates
visual interest.
[Added 11-12-2014 by Ord. No. 14-34]
The maximum horizontal dimension of a building.
The certificate issued by the chief inspector authorizing
the erection or alteration of any building in the City.
The construction which contains the primary use on a lot,
which shall include attached garages, attached carports (including
those attached only by a roofed breezeway), and roofed porches.
A facility that nurtures young startup firms during their
early months or years, typically providing affordable space, shared
offices and services, hands-on management training, marketing support
and access to financing.
[Added 11-12-2014 by Ord. No. 14-34]
The office of a business entity where its employees conduct
their work. Retail sales are not conducted in a business office.
[Added 11-12-2014 by Ord. No. 14-34]
A portion of a building, the floor level of which is below
grade at any point on the periphery of the building, having 1/2 or
less of its height, measured from floor to ceiling, above the average
grade or having a height of less than six feet.
A licensed motor vehicle which meets any one of the following
criteria:
The vehicle is licensed for commercial purposes;
The vehicle contains a sign, advertisement or other graphic
indicating that its use is for commercial purposes;
The vehicle has a capacity in excess of 3/4 ton;
The vehicle has a capacity in excess of 1/2 ton and less than
four passenger seats;
The design of the vehicle clearly indicates that its primary
purpose is the transport of goods or produce.
Retirement communities with accommodations for independent
living, assisted living, and nursing home care offering residents
a continuum of care in which they can move between levels of care
if needed.
[Added 11-12-2014 by Ord. No. 14-34]
The uppermost edge of a flat roof or projecting feature of
the wall or architectural feature above a flat roof.
[Added 11-12-2014 by Ord. No. 14-34]
That part of a lot covered by buildings, including accessory
buildings.
Co-working space is a type of office space comprised of a
shared working environment in which workers are typically self-employed
or employed by different companies.
[Added 11-12-2014 by Ord. No. 14-34]
A use of any structure or premises as or for:
The offices of a foreign mission involving diplomatic, consular
or other governmental activities of a foreign government, an international
organization as defined in Section 209(b) of the Foreign Missions
Act [22 U.S.C. § 4309(b)] or any other organization representing
a territory or political entity which has been granted diplomatic
or other official privileges and immunities under the laws of the
United States, together with any ancillary and support facilities
to such offices; or
Any purpose included within the term "mission," as defined in,
or to which is extended the same privileges and immunities under,
the Vienna Convention on Diplomatic Relations of April 18, 1961, or
which is included within the meaning of Section 2(3) of the Diplomatic
Relations Act [22 U.S.C. § 254a(3)], including, specifically,
the residence of the head of any such mission.
Facilities through which an establishment, not including
parking facilities, provides goods and/or services to customers while
customers remain in their motor vehicles.
[Added 11-12-2014 by Ord. No. 14-34]
A retail establishment where the profession of pharmacy is
practiced and/or where prescription medications and general merchandise
are offered for sale.
[Added 11-12-2014 by Ord. No. 14-34]
A building designed for, or occupied exclusively by, one
family and not designed or used as either a rooming house as defined
herein or as a group home or congregate living facility in which a
person's continued occupancy is dependent upon the payment of a fixed
rent or room charge.
A building designed for, or occupied exclusively by, two
or more families living independently of each other.
A multifamily building designed for or occupied exclusively
by two families living independently of each other.
A building, or a self-contained portion thereof, forming
a single habitable unit which includes living, cooking, eating, sleeping,
bathing and toilet facilities for only one family, including domestic
servants employed on the premises, and having no enclosed space in
common with any other dwelling unit other than vestibules, entrances
or other hallways or porches, and laundry, heating and air-conditioning
rooms and equipment, provided that a room within a boardinghouse,
hotel, inn, lodging house, rooming house, or other similar structure
shall not be deemed to constitute a dwelling unit.
The lower edge or edges of a roof, which, typically, project
beyond the sides of the building.
[Added 11-12-2014 by Ord. No. 14-34]
Floors, or portions of floors, accessory to the primary use
of a building, which are constructed and used solely for parking spaces,
or access aisles, lobbies, stairs and elevators connected therewith
and which meet the requirements thereinafter set forth for exceptions
from aggregate floor area and height limitations.
One or more persons living together in a dwelling unit on
a permanent basis as a bona fide single housekeeping unit sharing
living, sleeping, cooking and sanitary facilities and jointly performing
the ordinary tasks of operating and maintaining a household, such
as cooking, cleaning and shopping, on a nonprofit or a nonremunerative
basis, and which is noncommercial in character and does not require,
as a condition of continued occupancy, the payment of a fixed room
rent or a service charge.[1]
The sum of the gross horizontal areas of all the floors of
a building (or buildings on a lot), measured from the exterior faces
of exterior walls, or from the center line of walls common to two
buildings, except that the floor area shall include only 75% of any
basement or cellar space.
A place of business where retail and wholesale products and
produce are sold to the consumer. These centers, which may include
a nursery and/or greenhouses, import most of the items sold, and may
include plants, nursery products and stock, potting soil, hardware,
power equipment and machinery, hoes, rakes, shovels, and other garden
and farm variety tools and utensils.
[Added 11-12-2014 by Ord. No. 14-34]
A reference plane representing the average of finished ground
level adjoining a building or structure at all exterior walls; provided,
however:
When the finished ground level slopes away from the exterior
walls, the reference plane shall be established by the lowest point
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; or
Where the natural contour of the ground level immediately adjacent
to a building is interrupted by ditching, pits or trenching, then
the adjoining ground level shall be the nearest contour line parallel
to the exterior wall of the building or structure, without regard
to the levels created by the ditching, pits or trenching.
A structure that is environmentally responsible and resource-efficient
throughout its lifecycle, from siting to design, construction, operation,
maintenance, renovation, and demolition.
[Added 11-12-2014 by Ord. No. 14-34]
An engineered roofing system that allows for the propagation
of rooftop vegetation and the retention of stormwater while maintaining
the integrity of the underlying roof structure and membrane.
[Added 11-12-2014 by Ord. No. 14-34]
A commercial establishment that provides as its primary purpose
facilities for individual physical health activities, such as aerobic
exercise, running and jogging, use of exercise equipment, saunas,
showers, lockers. Such establishments are typically on a membership
basis and not open to the public at large. Personal training and group
instruction in exercise may be provided.
[Added 11-12-2014 by Ord. No. 14-34]
The vertical dimension of a building or structure, measured
in feet, from the grade to the highest point of the building or structure.
A facility that provides specified services to terminally
ill individuals and their families, including nursing care, physician
services, physical and speech therapy, home health aide, homemaker
services, pastoral counseling, social work services, occupational
therapy, and dietary services in addition to bereavement counseling.
[Added 11-12-2014 by Ord. No. 14-34]
Any building in which there are more than six rooms or suites
of rooms other than dwelling units, rented for sleeping purposes or
in which there are independent lavatory facilities for each such room
or suite of rooms.
Any vehicle mounted or capable of being mounted on wheels,
movable either by its own power or by being drawn by another vehicle,
and equipped to be used for living or sleeping quarters, which is
greater than 32 feet in length, or eight feet in width, including
any such vehicle mounted on temporary or permanent foundations with
the wheels removed.
A commercial establishment that provides individual and/or
group instruction in the performing and visual arts or fitness, including
dance, music, voice, drama, painting, martial arts, gymnastics, yoga,
or other similar activities.
[Added 11-12-2014 by Ord. No. 14-34]
Manufacturing activity that uses moderate amounts of partially
processed materials to produce items of relatively high value per
unit weight, requiring only a small amount of raw materials, area
and power. The value of the products is relatively low and the products
themselves are easy to transport.
[Added 11-12-2014 by Ord. No. 14-34]
A lot at the junction of and abutting two or more intersecting
streets.
The longest horizontal distance measured along a straight
line perpendicular to the street line of such lot between the point
where such line intersects the street line of such lot and the point
where such line intersects another lot line of such lot, provided
that, with respect to a corner lot, the greater dimension of the length
or width shall be deemed the length of such lot.
Any boundary of a lot.
The lot line generally opposite and located farthest from
the street line.
The lot line or lines which intersect the street line of
such lot.
A lot (other than a corner lot) which abuts two street lines
which are at opposite ends of the lot.
The shortest horizontal distance between the points formed
by the intersection of the front yard line of such lot with the side
lot lines of such lot, provided that, with respect to a corner lot,
the lesser dimension of the length or width shall be deemed the width
of such lot.
Any premises which are used, in whole or part, to administer
acupressure, massage, bodywork, or somatic therapy, or involving the
act of holding, touching, positioning, mobilizing, applying friction
or pressure manually and/or by mechanical or vibratory apparatus to
body tissues, including, but not limited to, employing the procedures
of acupressure, reflexology, moving, striking, pounding, rubbing,
manipulating, kneading, and/or tapping, or the use of oil rubs, heat
lamps, salt glow, hot or cold packs, vibration, percussion, medical
gymnastics, heliotherapy, external application of topical preparations,
or tub, shower, or cabinet baths, but excluding the practice of medicine,
physical therapy, or chiropractic by an osteopath, medical doctor,
physical therapist, or chiropractor licensed to practice in the State
of New Jersey.
[Added 7-18-2000 by Ord. No. 00-03]
Two or more medical group practices or medical offices, or
a combination thereof, operating in the same building, which may also
contain associated principal or accessory uses such as diagnostic
testing facilities, physical therapy, therapeutic counseling services,
pharmacies, medical supply retailers, and similar uses. A medical
center does not contain residential facilities.
[Added 11-12-2014 by Ord. No. 14-34]
A medical or dental practice, larger than a medical office,
offering medical or dental services on an outpatient basis and including
principal health care providers and other medical or dental professionals,
exclusive of administrative or clerical staff, providing services
on the premises. A medical group practice and its principal health
providers shall offer medical services within one area of medical
practice (e.g., general practice, orthopedics, cardiology, oncology,
etc.) or within a small number of closely related areas of medical
practice, and may also contain in-house diagnostic testing facilities,
medical counseling services, and similar services, or may be associated
with other similar accessory or complementary principal uses in the
same building.
[Added 11-12-2014 by Ord. No. 14-34]
A medical or dental practice offering medical or dental services
on an outpatient basis and including a total of no more than the full
time equivalent of three principal health care providers and two other
medical or dental professionals, exclusive of administrative or clerical
staff, providing services on the premises. A medical or dental office
may also contain associated in-house ancillary services such as in-house
diagnostic testing facilities, medical counseling services, and similar
services.
[Added 11-12-2014 by Ord. No. 14-34]
The appearance of a human bare buttock, anus, male genitals,
female genitals or areola of the female breast.
[Added 5-27-1992 by Ord. No. 92-13]
The map, with changes and additions thereto, adopted and
established, from time to time, by resolution of the Board of Chosen
Freeholders of Bergen County pursuant to N.J.S.A. 40:27-5.
An open or enclosed paved space which is accessible and available
at all hours when the building to which it is accessory is in use,
for the parking of one passenger automobile.
A structure designed to accommodate the assembly of persons
attending musical performances, dance performances, dramatic performances,
and other arts and entertainment-related events.
[Added 11-12-2014 by Ord. No. 14-34]
A use that provides a personal service that is nonmedical
and may include accessory retail sales of products related to the
services that are provided.
[Added 11-12-2014 by Ord. No. 14-34]
A room or space accommodating 50 or more persons for religious,
recreational, educational, political, social or amusement purposes,
including all connected rooms or spaces with a common means of entrance
and exit.
An area with a minimum contiguous acreage specified in the regulations governing development within a district zoned for such development, to be developed as a single entity according to a plan containing mixed uses in such ranges of ratios, and subject to such specific conditions and limitations as may be set forth in Part 4, Zoning, of this chapter.
An area with a minimum contiguous or noncontiguous acreage of 10 acres or more 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, commercial or industrial areas in such ranges of nonresidential use to residential uses, as shall be specified in Part 4, Zoning, of this chapter.
[Added 7-16-2002 by Ord. No. 02-12]
The Planning Board of the City of Englewood established pursuant to Article III of this chapter.
Offices where services that are not of a medical nature are
provided that require specialized training or professional certification.
[Added 11-12-2014 by Ord. No. 14-34]
An off-street parking lot or parking structure owned and
operated by the City of Englewood.
[Added 11-12-2014 by Ord. No. 14-34]
A vehicle designed primarily as temporary living quarters
for recreational, camping, or travel use, which is less than 32 feet
in length and eight feet in width.[2]
A nonresidential facility that provides comprehensive diagnostic,
therapeutic, and restorative services to outpatients for the rehabilitation
of injured, disabled, or sick persons by or under the supervision
of a physician.
[Added 11-12-2014 by Ord. No. 14-34]
Study, research, and experimentation in one or more scientific
fields, such as life sciences or biomedical research, communications,
chemistry, computer science, electronics, medicine and physics. Research
and development also includes the development of prototypes and the
marketing of resultant products. Related activities include the manufacturing,
mixing, fermentation, treatment, assembly, packaging, and servicing
of products. Supporting services such as administrative offices, educational
facilities, libraries, and data services are other examples of related
activities.
[Added 11-12-2014 by Ord. No. 14-34]
An establishment that provides food services to patrons who
order and are served while seated and who pay after eating, which
may provide as an ancillary or accessory function the takeout or delivery
service of food or beverages for consumption at some other location
away from the restaurant premises.
[Added 11-12-2014 by Ord. No. 14-34]
Establishments primarily engaged in providing food services
where patrons generally order items and pay before eating. Food and
drink may be consumed on premises, taken out, or delivered to the
customer's location.
[Added 11-12-2014 by Ord. No. 14-34]
The uppermost edge of a sloped roof.
[Added 11-12-2014 by Ord. No. 14-34]
Growing, washing, and storage of fruits, vegetables, and
other plant products on a principal building as an accessory use for
education, donation, wholesale and retail sales. Typical operations
include growing beds and growing trays.
[Added 11-12-2014 by Ord. No. 14-34]
Any building, together with any related structure, accessory
building, and land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single-room occupancy, regardless of whether personal or financial
services are provided to the residents thereof, including but not
necessarily limited to any facility regulated pursuant to the provisions
of the Rooming and Boarding House Act of 1979 (N.J.S.A. 55:13B-1 et
seq.). For the purposes of this definition, the terms "financial services,"
"personal services," "single-room occupancy," and "unit of dwelling
space" shall have the meanings provided in Section 3 of said Act (N.J.S.A.
55:13B-3).
An adult arcade or adult novelty store.
[Added 5-27-1992 by Ord. No. 92-13]
Any instruments, devices, equipment or accessories which
are designed for use in connection with specified sexual activities
or which are designed to depict specified anatomical areas, including
apparel or lingerie designed to expose the male or female genitals
or the areola of the female breast, but excluding contraceptive and
prophylactic devices.
[Added 5-27-1992 by Ord. No. 92-13]
A healthcare facility that provides the skilled nursing care
and supportive care to patients whose primary need is for skilled
nursing care on an extended basis.
[Added 11-12-2014 by Ord. No. 14-34]
The male genitals in a state of sexual arousal and/or the
vulva or more intimate parts of the female genitals.
[Added 5-27-1992 by Ord. No. 92-13]
Includes any of the following:
[Added 5-27-1992 by Ord. No. 92-13]
Any land areas with a topographic slope 15% or greater in
grade, as calculated from the steepest grade over a minimum distance
of 50 feet in the horizontal plane.
[Amended 4-17-2001 by Ord. No. 01-02]
That portion of a building included between the upper surface
of any floor and the upper surface of the next floor next, except
that the topmost story shall be that portion of a building included
between the upper surface of the topmost floor and the ceiling above.
[Amended 11-12-2014 by Ord. No. 14-34]
A story in which a minimum of 25%, but not more than 50%,
of the space between the top of the finished floor and the ceiling
level has a clear height of seven feet four inches or more.
The dividing line between a lot and a street. Where a proposed
street widening is shown on the Official Map of either the county
or the City, the street line shall be the line of the street as it
would exist following such proposed widening.
A construction which is detached from, and is subordinate
to, the principal building on the lot and used for purposes customarily
incidental to those of the principal building.
A post-secondary vocational school offering instruction,
training, and/or certification in trades or crafts such as auto repair,
welding, bricklaying, machinery operation, culinary trades, health
care, and computer technology.
[Added 11-12-2014 by Ord. No. 14-34]
A self-contained, one-family dwelling unit, attached to one
or more other one-family dwelling units, but having no other dwelling
units above it or below it, having direct access to the outside and
sharing no interior facilities (such as hallways, vestibules, or stairs)
with any other dwelling unit.
A facility that delivers medically necessary ambulatory medical
care apart from a hospital emergency department setting, typically
on a walk-in basis and for acute conditions that are not life-threatening.
[Added 11-12-2014 by Ord. No. 14-34]
An unobstructed portion of a lot that is designed for active
or passive recreational and leisure use, and is conveniently located
and accessible.
[Amended 11-12-2014 by Ord. No. 14-34]
A use customarily incidental and subordinate to the main
use on a lot, whether such accessory use be conducted in a principal
or in an accessory building.
A facility maintained by or for the use of a licensed veterinarian
for the diagnosis, treatment, or prevention of animal diseases wherein
the animals are limited to dogs, cats or other comparable household
pets and wherein the overnight care of said animals is prohibited.
[Added 11-12-2014 by Ord. No. 14-34]
A facility where animals or pets are given medical or surgical
treatment and are cared for during the time of such treatment and
which includes overnight care related to such treatment.
[Added 11-12-2014 by Ord. No. 14-34]
A facility staffed by medical and/or nonmedical healthcare
professionals that promote healthy living and the prevention of illness
and disease.
[Added 11-12-2014 by Ord. No. 14-34]
A building or spaces within a building used jointly for commercial
and residential purposes where the residential use of the space is
secondary or accessory to the primary use as a place of work.
[Added 11-12-2014 by Ord. No. 14-34]
The ground area between a lot line and a yard line, unoccupied
by buildings or accessory buildings and/or occupied only by such accessory
structures as are permitted and regulated by this chapter.
The ground area between the street line and front yard line,
unoccupied by buildings or accessory buildings and/or occupied only
by such accessory structures as are permitted and regulated by this
chapter.
A line drawn parallel to a street line or lot line at a distance
therefrom equal to the yard dimension required by this chapter.
A line drawn parallel to a street line at a minimum distance
from the street line required by this chapter.
A line drawn parallel to a street line or lot line at a minimum
distance from a rear lot line required by this chapter.
A line drawn parallel to a side lot line at a minimum distance
from the side lot line required by this chapter.
The ground area between the rear lot line and the rear yard
line, unoccupied by buildings or accessory buildings and/or occupied
only by such accessory structures as are permitted and regulated by
this chapter.
The ground area between the side lot line and the side yard
line, unoccupied by buildings or accessory buildings and/or occupied
only by such accessory structures as are permitted and regulated by
this chapter.
