For the purposes of this chapter, the following
words and terms shall have the meanings hereafter indicated. Words
used in the present tense shall include the future. Words used in
the singular include the plural number and in the plural include the
singular. The word "person" shall include a partnership or a corporation.
The word "lot" includes the word "plot." The word "building" includes
the word "structure." The word "shall" is mandatory and not discretionary.
The word "occupied" or "used" shall be considered as though followed
by the words "or intended, arranged or designed to be used or occupied."
As used in this chapter, the following terms
shall have the meanings indicated:
A self-contained residential dwelling unit with a kitchen,
sanitary facilities, sleeping quarters and a private entrance, which
is created within an existing single-family dwelling or by addition
to an existing single-family dwelling. The dwelling unit, including
the accessory apartment, shall meet all required bulk regulations
and setbacks for the zone district in which it is located.
[Added 12-20-2018 by Ord.
No. 2018:1246]
A single building, the use of which is customarily incidental
to that of the main or principal building and which is located in
the same lot as is occupied by the principal building. Such building(s)
shall not occupy an area greater than 30% of the ground area occupied
by the principal building. There shall only be two accessory buildings
or structures permitted on the lot or combined lots upon which the
principal building is located. However, a single additional structure
occupying a footprint of less than 10 square feet in area shall not
be deemed an accessory building for the purpose of calculating a number
of accessory buildings allowed on a lot or combined lots.
[Amended 4-21-1980 by Ord. No. 1980:372; 1-28-1998 by Ord. No. 1998:757; 9-12-2001 by Ord. No. 2001:848; 10-7-2019 by Ord. No. 2019:1263]
A use occupying not more than 10% of the total floor area
of the building's floor area but not exceeding 1,500 square feet,
and not more than 10% of the floor area of any space for which there
is a certificate of occupancy, and engaged in the selling to the general
public of goods or merchandise manufactured, fabricated, converted,
altered, finished, assembled or warehoused in that building.
[Added 4-8-1992 by Ord. No. 1992:619]
A use customarily incidental to the principal use of a building,
such as the office of a professional person, customary home occupations
or a garage.
To make a change in, to modify, to vary in some degree or
to change some of the elements, ingredients or details without substituting
an entirely new sign or components or destroying the identity of the
sign being changed.
[Added 10-28-1998 by Ord. No. 1998:778]
The area enclosed by the perimeter of the sign, including
its background, if any, but excluding the structure of the sign, its
supports and ornamentation, if any. For wall signs having no background,
an imaginary rectangle shall be calculated surrounding each letter
or symbol. The summed area of each said rectangle shall be considered
the total "area of the sign." For parallel double-faced ground signs,
erected as a single or joined units, the maximum area permitted shall
be calculated on one (the largest) side only.
[Added 10-28-1998 by Ord. No. 1998:778]
A shelter projecting from and supported by the exterior wall
of a building constructed of either cloth or metal on a supporting
framework.
[Added 10-28-1998 by Ord. No. 1998:778]
That portion of a building which is partly above and partly
below grade and having at least 1/2 its entire height above grade.
[Added 8-13-1997 by Ord. No. 1997:740]
An area bounded by streets or by streets and streams or by
streets and Borough boundary lines.
Refers to the Building Officials and Code Administrators
International Basic Building Code of 1993 and/or any subsequent amendments.
[Added 10-28-1998 by Ord. No. 1998:778]
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
[Amended 4-21-1980 by Ord. No. 1980:372; 10-8-2003 by Ord. No. 2000:906]
The vertical distance between the average elevation (calculated
by taking the four corner elevations and the four midpoint elevations
and dividing them by eight) of the existing grade or the finished
grade, whichever is lower, around the foundation of the building to
an elevation of the highest point of the roof surface, inclusive of
any parapet, fixtures or screening carried on or above the roof surface
if the roof is flat or, in the case of sloping roofs, to a point 1/2
the distance between the plates and the top of the uppermost point
of the roof; except that this specified height shall not apply to
church steeples, chimneys and flagpoles. Upon application, the municipal
agency shall permit a deviation from the height limitations specified
where reasonably necessary to accommodate heating, air-conditioning
and water-supply apparatus carried on the surface of the roof, upon
a finding that not more than 25% of the roof area is devoted to such
appurtenances and provision is made for architectural screening in
harmony with the architecture of the building so that such equipment
is not visible from the surrounding properties or streets.
[Added 4-21-1980 by Ord. No. 1980:372; amended 8-13-1997 by Ord. No. 1997:740; 10-8-2003 by Ord. No. 2003:906]
A line drawn parallel to a street line and, if for an existing building, drawn through the point of a building nearest to the street line or, if for a proposed building, drawn through the point of the proposed building nearest to the street located in accordance with Borough of Closter Code § 200-70.
[Added 2-23-1983 by Ord. No. 1983:443]
That portion of a building which is partly above and partly
below grade and having at least 1/2 its entire height below grade.
[Added 8-13-1997 by Ord. No. 1997:740]
A line midway between and parallel to the property lines
or as established by filed maps.
Any group, association, corporation or entity organized for
any lawful purpose other than for pecuniary profit, including, without
being limited to, any one or more of the following purposes: benevolent;
eleemosynary; educational; cemetery; civic; patriotic; political;
religious; social; fraternal; literary; cultural; athletic; scientific;
agricultural; horticultural; animal husbandry; volunteer fire company;
ambulance, first aid or rescue; professional, commercial, industrial
or trade association; and labor union and cooperative purposes.
[Added 9-9-1992 by Ord. No. 1992-633[1]]
A lot which has a frontage contiguous to more than one street
or other public open space through which there is a permanent access
to the lot.
[Amended 4-21-1980 by Ord. No. 1980:372]
An unoccupied open space other than a yard. An "outer court"
is one which extends to the street or to the front or rear yard. An
"inner court" is any other court.
The permanently established grade of the street in front
of the midpoint of the lot. Where a lot level is higher than the curb
level, the average elevation of the former along the building line
may be taken as a base for measuring the height of a building, side
yard or court. Where a lot fronts on two or more streets of different
levels, the curb level of the higher street may be taken as the base
for measuring the height of a building or open spaces to a distance
of 100 feet back from the street with the higher curb level.
One of any zones or use districts as designated in this chapter.
[Added 10-28-1998 by Ord. No. 1998:778]
To build, construct, attach, hang, place, suspend or affix,
and shall also include the painting of wall signs.
[Added 10-28-1998 by Ord. No. 1998:778]
Includes any number of individuals living and cooking together
as a single housekeeping unit.
A lot that does not have a continuous width from the street
to the building setback line at least equal to the minimum street
frontage required. For purposes of this definition, the portion of
the lot abutting an improved street shall not be declared to be a
private road or private street so as to defeat the intent and purpose
of this chapter.
[Added 4-29-1987 by Ord. No. 1987:538]
The sum of the gross horizontal habitable areas of every
floor(s) of a residential building measured from the exterior face
of the exterior walls. Floor area shall include basements and attics
where 60% or more of the ceiling height is a minimum of seven feet,
enclosed porches, mezzanines, lofts, breezeways, roofed balconies,
garages and roofed carports and other accessory structures. Floor
area shall not include cellars or open porches.
[Added 7-13-1994 by Ord. No. 1994:671; amended 8-13-1997 by Ord. No. 1997:740; 12-14-2005 by Ord. No. 2005:953]
The sum of the floor area of all residential buildings and
accessory structures compared to the total area of the lot(s).
[Added 8-13-1997 by Ord. No. 1997:740; amended 12-14-2005 by Ord. No. 2005:953]
A required open, unoccupied space within and extending the
full width of the lot between the front property line and the main
front wall of the building or projection of more than 18 inches therefrom.
On corner lots, a front yard shall be provided on each adjoining street
frontage.
[Amended 4-21-1980 by Ord. No. 1980:372]
A sign supported directly on the ground by a footing, base
and pedestal or by pole(s) or upright(s) set in or on a footing and/or
base.
[Added 10-28-1998 by Ord. No. 1998:778]
A nonprofit or quasi-public use or institutional use, including
but not limited to a church, place of worship, public school or other
educational institution, public library, museum, art gallery, community
center building and clubhouse of an incorporated fraternal, educational
or philanthropic organization.
[Added 7-13-1994 by Ord. No. 1994:671]
Any material that prevents absorption of stormwater into
the ground.
[Added 9-12-2001 by Ord. No. 2001:848]
A building used for the shelter of transient guests with
at least five sleeping rooms and whose average restaurant service
to other than overnight guests does not exceed 25% of the gross restaurant
receipts.
A parcel of land occupied or which may be occupied by a building
and accessory buildings and including the open spaces required by
this chapter.
The distance measured from the street frontage to the rear
lot line. Where the lot is irregular, the lot depth shall be the distance
from the street frontage to a line 25 feet in length entirely within
the lot, parallel to and at a maximum distance from the front lot
line.
[Added 7-13-1994 by Ord. No. 1994:671]
Housing affordable according to New Jersey Council on Affordable
Housing and occupied or reserved for occupancy by households with
a gross household income equal to 50% or less of the median gross
household income for households of the same size within the housing
region in which the housing is located, and is subject to affordability
controls.
[Added 2-10-1988 by Ord. No. 1988:557]
Replacement without substantial change of any parts or supports
of any signs and repainting without change of text, design or size
of any sign, without removal of the sign from the wall or structure
supporting it.
[Added 10-28-1998 by Ord. No. 1998:778]
A sloped roof or roof-like facade, architecturally comparable
to a building wall.
[Added 10-28-1998 by Ord. No. 1998:778]
The median income for the PSMA in which Bergen County is
located, using the most recent calculations of the United States Department
of Housing and Urban Development for each appropriate household.
[Added 2-10-1988 by Ord. No. 1988:557]
Housing affordable according to New Jersey Council on Affordable
Housing and occupied or reserved for occupancy by households with
a gross household income equal to or more than 50% but less than 80%
of the median gross household income for households of the same size
within the housing region in which the housing is located, and is
subject to affordability controls.
[Added 2-10-1988 by Ord. No. 1988:557]
A structure containing more than two dwellings.
[Added 3-9-1988 by Ord. No. 1988:558]
[Added 10-28-1998 by Ord. No. 1998:778]
No off-street loading or unloading shall be permitted in
the front or side yard of any lot. No access to loading areas shall
be permitted on corner lots from the front yard in which the main
entrance to the principal structure is located. In such case, access
to loading and unloading areas shall be permitted only in the front
yard in which the main entrance to the principal structure is not
located and at a point located to the rear of any principal structure.
[Added 4-21-1980 by Ord. No. 1980:372]
A landscaped open area not occupied by any structures or
impervious surfaces.
[Added 7-13-1994 by Ord. No. 1994:671]
A person recorded as such on official public records. For
the purposes of Article XXIII, Signs, the owner of the property on
which a sign is located is presumed to be the owner of the sign, unless
facts to the contrary are officially recorded or otherwise brought
to the attention of the Construction Official.
[Added 10-28-1998 by Ord. No. 1998:778]
The extension of a false front or wall above a roofline.
[Added 10-28-1998 by Ord. No. 1998:778]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
[Added 10-28-1998 by Ord. No. 1998:778]
Primary metropolitan statistical area.
[Added 3-9-1988 by Ord. No. 1988:558]
A "principal use" is the primary or predominate use of any
lot. A "principal structure" is one devoted to the principal use.
[Added 4-21-1980 by Ord. No. 1980:372]
A compartment or structure appurtenant to the principal building
on the same lot, designed to house not more than four motor vehicles
for purpose of storage only. All vehicles stored in such garage must
be the property of the owner or lessee of the premises, except that
space for the storage of not more than one noncommercial vehicle may
be rented.
A structure used for the housing for rental of two or more
motor vehicles or for the repair of motor vehicles or for the sale
and hire of motor vehicles.
The lot line opposite to the street line. In the case of
a corner lot, the "rear lot line" may be elected by the owner as either
of the two interior lot lines. On any plans filed with the Building
Inspector, the owner shall designate the rear lot line.
An open space, except for permitted accessory buildings,
on the same lot with the main building and situate between the rear
wall of the building or projection therefrom in excess of 18 inches
extended to the side lines of the lot and the rear line of the lot.
In the case of corner lots, the "rear yard" shall be opposite the
lot line contiguous to an arterial street. In the event that the streets
being contiguous to the lot lines of a parcel are of the same classification,
then in such event the "rear yard" shall be opposite the main entrance
of the structure facing either of such streets.
[Amended 4-21-1980 by Ord. No. 1980:372]
To change the lettering or descriptive symbols on a sign
without changing any of the structural parts or components of the
sign.
[Added 10-28-1998 by Ord. No. 1998:778]
A multifamily building type that contains no more than four
separate residential units that are architecturally presented as a
large single-family house consistent with residential uses located
to the east and north of the zone. There are no specific requirements
relating to vertical or horizontal separations of the units within
the building (i.e., units may overlap in either or both the vertical
or horizontal plane).
[Added 12-20-2018 by Ord.
No. 2018:1251]
The top edge of a roof or building parapet, whichever is
higher, excluding any minor decorative details or projections.
[Added 10-28-1998 by Ord. No. 1998:778]
A head of a household who is 62 years of age or older.
[Added 2-10-1988 by Ord. No. 1988:557]
An open, unobstructed space on the same lot with a building,
situated between the building and the side line of the lot and extending
through from the front yard or from the street to the rear yard.
Any device, structure, fixture or placard, made of combustible
or incombustible materials, using electronic, stationary, lighted,
painted or printed symbols and/or written copy for the purpose of
informing or directing members of the public or advertising, promoting
or identifying any institution, establishment, product, goods, services
or person.
[Added 10-28-1998 by Ord. No. 1998:778]
An overhang or projection from the roofline.
[Added 9-12-2001 by Ord. No. 2001:848]
That part of a building between a floor and the floor above
or, in its absence, the ceiling or roof above. A story extending less
than three feet above the curb level shall not be counted in determining
the number of stories. A story, the floor of which is below the curb
level and which extends to more than three feet above the curb level,
shall be counted as that fraction of a story that the section above
the curb level bears to the height of the entire story. Any story
under a pitched roof, at the top of a building, the floor of which
is not more than two feet below the plate, shall be counted as a half
story when not more than 60% of the floor area is used for rooms;
otherwise, it shall be counted as that fraction of a story which its
floor area in rooms bears to the entire floor area of that floor.
Includes any highway, road or avenue dedicated to public
use.
The lowest order of residential streets. An access street
provides frontage for access to lots and carries traffic having destination
or origin on the street itself. It is designed to carry the least
amount of traffic at the lowest speed. All, or the maximum number
of housing units, shall front on this class of street.
[Added 7-13-1994 by Ord. No. 1994:671]
The highest order of residential streets. A collector street
conducts and distributes traffic between lower-order residential streets
and higher-order streets (e.g., county roads) and carries the largest
volume of traffic at higher speeds. Its function is to promote free
traffic flow. Collectors should not be used as shortcuts by nonneighborhood
traffic.
[Added 7-13-1994 by Ord. No. 1994:671]
A street with a single common ingress and egress and with
a turnaround at the end.
[Added 7-13-1994 by Ord. No. 1994:671]
A street with a single common ingress and egress.
[Added 7-13-1994 by Ord. No. 1994:671]
The lot line separating a lot from a street right-of-way.
[Added 4-29-1987 by Ord. No. 1987:538]
A street designed to provide vehicles access to abutting
property and to discourage through traffic. A "local street" includes
access streets, culs-de-sac, loop streets, subcollector streets and
dead-end streets. A "local street" does not include collector streets
or county roads.
[Added 7-13-1994 by Ord. No. 1994:671]
The middle order of residential streets. A subcollector street
provides frontage for access to lots and carries traffic of adjoining
residential access streets. It is designed to carry somewhat higher
traffic volumes with traffic limited to motorists having origin or
destination within the immediate neighborhood. It is not intended
to interconnect adjoining neighborhoods or subdivisions and should
not carry regional through traffic.
[Added 7-13-1994 by Ord. No. 1994:671]
Any change in the size or heights of a building or a change
in its position on the lot.
A sign not intended for use for more than 60 days. This shall
include any sign, banner, pennant, flag, valance or advertising display
constructed of cloth, canvas, cardboard, wallboard or other light
materials, with or without frames.
[Added 10-28-1998 by Ord. No. 1998:778]
Any sign not meeting the requirements of this chapter and
which has not received legal nonconforming status.
[Added 10-28-1998 by Ord. No. 1998:778]
A sign attached on the exterior surface of a structure, parallel
to and not extending more than 12 inches from the wall of said structure
nor projecting beyond the ends of the top of the wall to which it
is attached and at least eight feet above the sidewalk or ground beneath
it. This definition includes individual letter, painted and cabinet-mounted
signs and signs on a mansard.
[Added 10-28-1998 by Ord. No. 1998:778]
A sign installed only by painted lettering, without a contrasting
background, inside a window or glazed door and intended to be viewed
from the outside. Said lettering may not occupy more than 15% of the
glazed area of any such window or door panel.
[Added 10-28-1998 by Ord. No. 1998:778]
The principal enforcement and administrative agent of the
Borough of Closter under this chapter.
[Added 9-12-2001 by Ord. No. 2001:848]
