ACCESSORY USE OR ACCESSORY STRUCTURE means a use, structure, or building subordinate to the permitted use of the principal building on the same lot and serving a purpose customarily incidental to the permitted use of the principal building.

BUILDING means a structure which has a roof supported by columns or walls and is used or intended to be used for the shelter or enclosure of persons or property, but not including vehicles, trailers, mobilehomes or the like whether standing on wheels or on foundation walls or other rigid supports. A covered porch, patio, carport or the like, whether enclosed or unenclosed, which is attached or contiguous to a structure shall be considered part of a building.

BUILDING AREA means the total of the maximum horizontal projected areas of the principal building and all its accessory buildings, including covered porches, Porte-cocheres and all other projections.

BUILDING HEIGHT means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs, and to the mean height between eaves and ridge for gable, hip and gambrel roofs, Where there are both flat and pitched roofs, the greater vertical distance shall control.

BUILDING, PRINCIPAL means a building in which is conducted the principal use permitted for the site on which it is situated.

CHURCH means. any building wherein the members of a group of individuals who are joined together by a common religious belief, which has an enrolled membership in the church of at least two hundred fifty members of which at least fifty percent shall be residents of the borough, meet for the purpose of religious expression and matters relating thereto.

COURTS:

       1. "Inner court" means an open, unoccupied space on the same lot with a principal building which is enclosed on all sides by exterior walls of the building.

       2. "Outer court" means an open, unoccupied space on the same lot with a principal building enclosed on not more than three sides by exterior walls with at least one side or end open to a street lot line or any front, side or rear yard.

DWELLING means any building or portion thereof designed or occupied exclusively as the residence of one or more persons.

       1. "Dwelling, single-family" means a detached building, designed or occupied exclusively as the residence of a single family.

       2. "Dwelling, two-family" means a detached building, designed or occupied exclusively as the residence of two single families living independently of each other.

FLOOR AREA means the area of all floors computed by measuring the dimensions of the outside walls of a building, excluding attic and basement floors, porches, patios, terraces, breezeways, verandas and residential garages.

FLOOR AREA RATIO means the gross floor area of all buildings on a lot divided by the lot area.

GARAGE, PRIVATE means an enclosed space for the storage of one or more motor vehicles, provided that no business, occupation or service is conducted therein and further provided that no space therein for more than two motor vehicles is leased to nonresidents of the premises.

HOSPITAL means a charitable and nonprofit institution providing health services (extended or otherwise) primarily for inpatient medical and surgical care and treatment of the sick or injured of the human race and includes related facilities, such as, but not limited to, laboratory, outpatient departments, training facilities, central service facilities and staff offices, but only so long as: (1) the foregoing facilities are directly related to and necessary for the provision of the aforementioned health services; and (2) the services related to such foregoing facilities are directly performed by the institution. A hospital shall not be construed to include a nursing home, home for the aged, convalescent home or sanitarium.

LOT means a parcel of land occupied or intended to be occupied by one principal building, and the accessory buildings or uses customarily incidental to the principal building, including such open spaces as required by this title and having frontage on a public street.

       1. Lot, corner" means a lot at the junction of and fronting on two or more streets.

       2. "Lot, interior" means a lot other than a corner lot.

       3. "Lot, depth" means the mean distance between the street lot line and the rear lot line measured in the general direction of the side lot lines.

       4. "Lot lines" means the property lines bounding the lot.

       a. "Lot line, street" means a line separating the lot from a street.

       b. "Lot line, rear."

       i. Interior Lot. A lot line opposite a street lot line.

       ii. Corner Lot. A lot line to the rear of the front face of the principal building except where same is a street lot line, in which event there will be no rear lot line.

       c. "Lot line, side." Any lot line other than a street or rear lot line.

       5. "Lot width" means the horizontal distance measured along a straight line between the points in the two side lot lines where said lot lines are intersected by a line parallel to or concentric with the street lot line and at the required depth of the front yard at the time the lot is established.

NONCONFORMING LOT means any lot which does not conform to the minimum area or dimensions required in the zone in which such lot is situated.

NONCONFORMING BUILDING means a building which in its design or location upon a lot does not conform to the regulations for the zone in which it is situated.

NONCONFORMING USE means the use of a building or land that does not conform to the regulations as to use for the zone in which it is situated.

PROFESSIONAL OFFICE means the office of a member of a recognized profession maintained for the conduct of that profession.

SINGLE FAMILY shall have the meaning given that term in Section 1.04.010.

SINGLE-FAMILY USE shall have the meaning given that term in Section 1.04.010.

STRUCTURE means anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having permanent location on the ground.

TOWNHOUSE means a one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire-resistant walls.

YARD means an unoccupied space on the same lot with a principal building, open to the sky except for the ordinary projections of window sills, belt courses, cornices and other ornamental features to the extent of not more than four inches.

       1. "Yard, front" means a yard situated between a street lot line and the line of the principal building nearest to said street projected to its intersection with other lot lines.

       2. "Yard, rear" means a yard situated between the rear lot line and the rear wall of the principal building nearest thereto projected to other lot lines. For interior lots, a rear yard shall extend from side lot line to side lot line. For corner lots, a rear yard, if any, shall extend from front yard to side lot line or to another front yard.

       3. "Yard, side" means a yard situated between the principal building and the side lot line extending from the front yard to the rear yard. (Ord. 1318 §§ 2-5, 1999; Ord. 1266 § 1, 1995; Ord. 1173 (part), 1990; Ord. 1080 § 3, 1984; Ord. 987 § 1, 1976; Ord. 919 § 1, 1970; Ord. 906 § 1, 1969; Ord. 893 § 1, 1969; Ord. 820 §§ 2.100-2.280, 1963)

ACCESSORY BUILDING means subordinate building or structure on the same lot with a main building, or a portion of such main building, occupied or devoted exclusively to an accessory use. Where an accessory building is attached to a main building in a substantial manner as by a wall or roof, such accessory building shall be considered to be part of the main building.

ACCESSORY USE means use naturally and normally incident and subordinate to the main use of the premises or lot.

ADMINISTRATIVE OFFICER means Borough planning board secretary unless a different Borough official is designated by this ordinance or statute.

ALTERATION OF A BUILDING means: any change in the supporting members of a building; any addition to or diminution of a building; a change in use from that permitted in one zone district to a use permitted in another; any conversion of a building or a part thereof; or the removal of a building from one location to another.

APPLICANT means a developer.

APPLICATION FOR DEVELOPMENT means the application form and all accompanying documents required by this ordinance for approval of a subdivision plat, site plan, planned development, conditional use or zoning variance, or direction of the issuance of a permit pursuant to R.S. 40:55D-34 and 40:55D-36.

BASEMENT means a room the floor level of which is below the highest elevation of the ground at the foundation wall of that room. In rooms where the elevation of the ground at the foundation wall is of irregular grade, said room shall not be considered a basement if no more than one-third of the length of the exterior wall or walls is below finished grade; provided however, that where a portion of the exterior wall is below finished grade, the height of the finished grade above the floor level of the room shall not exceed 2 feet.

BUILDING means a combination of materials to form a construction adapted to permanent, temporary or continuous occupancy and having a roof.

CAPITAL IMPROVEMENT means a governmental acquisition of real property or major construction project.

COMMON OWNERSHIP means ownership of 2 or more contiguous parcels of real property by one owner or by 2 or more owners owning such property jointly, or as tenants by the entirety, or as tenants in common.

CONDITIONAL USE means a use permitted in a particular zone 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.

CORNER LOT means a lot at the junction of, and having frontage on, two or more intersecting streets, or a lot bounded on 2 or more sides by the same street.

DAYS means calendar days.

DEVELOPER means 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.

DEVELOPMENT means the division of a parcel of land into 2 or more parcels, the construction, reconstruction, conversion, structural alteration, relocation, or enlargement of any building or other structure, or of any mining, excavation or 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.

DEVELOPMENT REGULATIONS means the Borough zoning regulations, subdivision regulations, site plan regulations, official map regulations or any other Borough regulation of the use and development of land or amendment thereto adopted and filed pursuant to R.S. 40:55D-1 et seq.

DRAINAGE RIGHT-OF-WAY means the lands required for the installation of storm water sewers or drainage ditches, or required along a natural stream or watercourse for preserving the channel by providing access to and maintenance thereof, and providing for the flow of water therein, to safeguard the public against flood damage in accordance with Chapter 1 of Title 58 of the Revised Statutes.

DRIVE-IN RESTAURANT means a business or establishment engaged in the sale of food, soft drinks, ice cream and similar confections which are so prepared, packaged in paper or other types of disposable wrappers or containers, and served at counter either inside or outside the confines of a building, or to persons in motor vehicles, so as to be intended for immediate consumption either within or without the building or in motor vehicles while parked on the premises.

DWELLING UNIT means a unit comprising living accommodations designed and used for occupancy by only one family.

FAMILY means any person or any group of persons related by blood, marriage or adoption or not more than four unrelated persons, provided that all are living together as a single housekeeping unit with bathroom facilities and not more than 1 kitchen; provided, however, that in no event shall the total number of persons comprising a family exceed the aggregate number of rooms in the dwelling. This limitation as to room requirement shall not apply where the premises are occupied solely by the parents and the children, adopted children and step-children thereof.

FINAL APPROVAL means the official action of the planning board 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 guarantees properly posted for their completion, or approval conditioned upon the posting of such guarantees.

FINAL PLAT means the final map of all or a portion of the subdivision which is presented to the planning board for final approval in accordance with this ordinance, and which, if approved, shall be filed in the office of the Essex County Register's Office.

FINAL SITE PLAN means the final map of an application for development submitted for final approval, pursuant to section 7-10, provided, said map shall meet all required conditions of section 7.10(d) or 7.10(g) as the case may be.

FIRST FLOOR LEVEL means the floor of the cellar or basement of any building or structure, or the highest point of the concrete slab used as the first floor of the building or structure where there is no cellar or basement.

FLOOR AREA means the area of all floors computed by measuring the dimensions of the outside walls of a building, excluding attic and basement floors, porches, patios, terraces, breezeways, verandas and residential garages.

GOVERNING BODY means the Borough council of the Borough.

HEIGHT OF BUILDING means the vertical distance from the average ground elevation around the foundation to the level of the highest point of the roof surface if the roof is flat, or, in the case of sloping roofs, to a point one-half the distance between the top of the uppermost plate and the highest point of the roof (provided, however, that in the case of a building with two or more distinct roof lines with different elevations, the building can be broken into component parts according to the individual roofs for the purpose of determining height of building).

HISTORIC SITE means any building, structure, area or property that is significant in the history, architecture, archeology or culture of New Jersey, the Borough of Glen Ridge or the United States and has been so designated pursuant to R.S. 40:55D-1 et seq.

INSTITUTIONAL USE means use by churches, synagogues, and other like buildings devoted primarily to worship; public and parochial elementary schools, junior high schools, and high schools; quasi-public non-profit hospitals; and public buildings and uses of the Borough.

INTERESTED PARTY means:

       a. In a criminal or quasi-criminal proceeding, any citizen of the state of New Jersey; and

       b. In the case of a civil proceeding in any court or in any administrative proceeding before a municipal agency, any person, whether residing within or without the Borough whose rights to use, acquire, or enjoy property is or may be affected by any action taken under this ordinance, or whose rights to use, acquire, or enjoy property under this ordinance or under any other law of this ordinance or of the United States have been denied, violated or infringed by an action or a failure to act under this ordinance.

LOT means 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.

LOT AREA means the total square unit contents included within lot lines.

MAINTENANCE GUARANTEE means any security other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this ordinance.

MAJOR SUBDIVISION means any subdivision not classified as a minor subdivision or resubdivision.

MASTER PLAN means a composite of one or more written or graphic proposals for the development of the Borough as set forth in and adopted pursuant to R.S. 40:55D-28.

MINOR SITE PLAN means a development plan of one or more lots which (1) proposes new development within the scope of development specifically permitted by ordinance as a minor site plan; (2) does not involve planned development, any new street or extension of any off-tract improvement which is to be prorated pursuant to R.S. 40:55D-42 and (3) contains the information reasonably required in order to make an informed determination as to whether the requirements for approval of a minor site plan have been met.

MINOR SUBDIVISION means a subdivision of land for the creation of not more than five lots, provided that such subdivision does not involve (1) a planned development, (2) any new street or (3) the extension of any off-tract improvement, the cost of which is to be prorated pursuant to R.S. 40:55D-42.

MUNICIPAL AGENCY means the Borough planning board or board of adjustment, or Borough council when acting pursuant to this ordinance.

NON-CONFORMING LOT means a lot the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NON -CONFORMING STRUCTURE means a structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reasons of such adoption, revision or amendment.

NON-CONFORMING USE means 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 reasons of such adoption, revision or amendment.

OFFICIAL MAP means a map adopted by ordinance pursuant to Article 5 of R.S. 40:55D-1 et seq. Such map shall be deemed conclusive with respect to the location and width of streets and public drainage ways and location and extent of flood control basins and public areas including public parks, playgrounds, trails, paths and other recreation areas, public open spaces, scenic and historic sites, sites for schools and other public buildings and structures, whether or not such street, ways, basins or areas are improved or unimproved or are in actual physical existence.

OFF-TRACT means not located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

ON-TRACT means located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE means 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 designed to be incidental to the natural openness of the land.

OPEN SPACE ZONING OR RESIDENTIAL CLUSTER means a permitted reduction in lot size and lot area requirements in major subdivision in the residential zones in which the density requirements are maintained and where all resulting undeveloped land within said subdivision is set aside for a common or public open space as an appurtenance.

OWNER means any individual, firm, association, partnership or corporation having proprietary interest in the land sought to be processed for development under this ordinance.

PARKING AREA means an open area other than a street or other public way used for parking of motor vehicles, which shall include parking spaces and service aisles as herein defined and regulated but shall not include access drives from a public thoroughfare.

PARKING SPACE means a rectangular space 9 feet wide and 20 feet long, either outdoors or enclosed within a structure, and used for accommodation for off-street motor vehicle parking with an area of not less than 180 square feet per vehicle, exclusive of access drives or aisles, provided, however, that a longitudinal (end to end) parking space is a rectangular space 10 feet wide and 25 feet long with an area of not less than 250 square feet exclusive of access drives or aisles. Notwithstanding any other provision of this section, any parking space that extends beyond the curb along the periphery of a parking area, as approved by the planning board, need only be 18 feet in length measured from the face of the curb to the edge of the required aisle. All parking spaces shall have adequate provision for ingress and egress, as required by section 7-13(b)(8).

PERFORMANCE GUARANTEE means any security which may be accepted by the Borough including cash, in lieu of a requirement that certain improvements be made before the planning board or other municipal agency approves a subdivision plat or site plan; provided that the Borough shall not require more than 10 per cent of the total performance guarantee in cash.

PLAT means the map or maps of a subdivision or site plan.

PRELIMINARY APPROVAL means the conferral of certain rights pursuant to R.S. 40:55D-46, -48, -49, prior to final approval after specific elements of a development plan have been agreed upon by the planning board and the applicant.

PRELIMINARY PLAT means the preliminary map indicating the proposed layout of the subdivision which is submitted to the planning board secretary for planning board consideration and preliminary approval and meeting the requirements of article 7 of this ordinance.

PRELIMINARY SITE Plan means the preliminary development plan indicating the proposed layout of the site which is submitted to the planning board secretary for planning board consideration and preliminary approval and meeting the requirements of article 7 of the ordinance.

PRINCIPAL USE OR STRUCTURE means the primary or predominant use of any lot. A principal structure is one devoted to the principal use.

PRIVATE GARAGE means a detached accessory building or a portion of a principal building having a minimum inside dimension of 12 feet in width and 20 feet in length, used only for the storage of motor vehicles owned or used by the occupant of the principal building to which the garage is an accessory.

PRIVATE SWIMMING POOL means any artificially constructed basin or other structure for the holding of water for use by the occupant, his family or guests, for swimming, diving and other aquatic sports and recreation. The term "swimming pool" does not include any plastic, canvas or rubber pool temporarily erected upon the ground having a capacity of less than 500 gallons.

PRIVATE TENNIS COURT means any artificially constructed surface and appurtenances used for the conduct of sport including but not limited to, tennis, paddleball, platform tennis and handball.

PUBLIC GARAGE OR FILLING STATION means any building, premises or land in which or upon which a business, service, or industry involving the storage, maintenance, washing or servicing and storage in connection therewith, of motor vehicles is conducted or rendered.

QUORUM means the majority of the full authorized membership of a municipal agency.

RESUBDIVISION means the changing or moving of any property line; provided that no additional lots are created. Resubdivision shall also include the assembly of two or more lots into a fewer number of lots than existed prior to the resubdivision.

SIGNS means any sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign, temporary sign, banner or canopy, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person or product when the same is placed out of doors in view of the general public.

SINGLE FAMILY DWELLING STRUCTURE means a suite of one or more rooms designated for occupancy by any person or any group of persons related by blood, marriage or adoption or not more than four unrelated persons, provided that all are living together as a single housekeeping unit with bathroom facilities and fill more than 1 kitchen; provided, however, that in no event shall the total number of persons comprising a family exceed the aggregate number of rooms in the dwelling. This limitation as to room requirement shall not apply where the premises are occupied solely by the parents and the children, adopted children and step-children thereof.

SINGLE OWNERSHIP means ownership by one owner or by 2 or more owners whether jointly, as tenants by the entirety, or as tenants in common, or a separate parcel of real property not adjacent to land in the same ownership.

SITE PLAN means a development plan of one or more lots on which is shown:

       (a) The existing and proposed conditions of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways;

       (b) 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

       (c) Any other information that may be reasonably required in order to make an informed determination pursuant to this ordinance.

SITE PLAN COMMITTEE means a committee of at least 3 planning board members appointed by the chairman of the board for purposes of reviewing site plans for a report back to the entire board and such other duties relating to land development which may be conferred on this committee by the board and the board's by-laws.

SKETCH PLAT means the sketch map of a subdivision of sufficient accuracy to be used for the purpose of discussion and classification and meeting the requirements of sections 7.3 and 7.11(a).

STORAGE GARAGE means any building, except a private garage as defined above or a public garage as defined above used exclusively for the storage of motor vehicles or construction equipment.

STORY means that portion of a building included between the surface of any floor above the average elevation of ground at the foundation wall 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.

STREET means any street, avenue, boulevard, road, parkway, viaduct, drive or other way which:

       (a) Is an existing state, county or municipal roadway; or

       (b) Is shown upon a plat heretofore approved pursuant to law; or

       (c) Is approved by official action as provided by this chapter; or

       (d) Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas and other areas within the street lines.

STRUCTURE means a combination of materials to form a construction for occupancy, use or ornamentation whether installed above or below the surface of a parcel of land.

SUBDIVIDER means developer.

SUBDIVISION means the division of a lot, tract or parcel of land into two or more lots, tracts, parcels or other divisions of land for sale or development. The following shall not be considered subdivisions within the meaning of this act, if no new streets are created: (a) division of property by testamentary or intestate provision, (b) divisions of property upon court order, including but not limited to judgments of foreclosure, (c) consolidation of existing lots by deed or other recorded instrument and (d) the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the tax map or atlas of the municipality. The term "subdivision" shall also include the term "resubdivision".

SUBDIVISION COMMITTEE means a committee of at least 3 planning board members appointed by the chairman of the board for the purpose of reviewing subdivisions and such other duties relating to land subdivision which may be conferred on this committee by the board and the board's by-laws.

TERMS. In the construction of this chapter, the present tense shall include the future, the singular number shall include the plural,, and the plural the singular. The word shall is always used in its mandatory and not its permissive sense, and may is always used in its permissive sense and not its mandatory sense. The words zone and district are synonymous.

TRANSCRIPT means a typed or printed verbatim record of the proceedings or reproduction thereof.

YARDS :

       (a) Front Yard means an open, unoccupied space, unless occupied by a use hereinafter specifically permitted, extending across the full width of any lot and lying between the front street right-of-way line and the nearest line of any building on said lot; provided, however, that where there is a proposed widening of the right-of-way of any street as shown on the master plan of the Borough, the front yard setback requirement shall be measured from the proposed right-of-way line as shown on said master plan rather than from the existing front street right-of-way line. No steps, fence, wall or any other above-ground object which is appurtenant to the private property shall extend into any street right-of-way in any zone district. Front steps, terraces or balconies extending not more than 60 inches from the front line of any building and within the required front yard shall not be construed as part of said building unless said projections are enclosed on one or more sides.

       (b) Rear Yard means an open, unoccupied space, unless occupied by an accessory building or use hereinafter specifically permitted, extending across the full width of any lot between the rear line of any principal building thereon and the rear lot line of said lot. Stoops, steps, terraces or balconies extending not more than 48 inches into the required yard shall not be construed as part of the building unless said projections are enclosed on one or more sides.

       (c) Side Yard means an open, unoccupied space unless occupied by a use hereinafter specifically permitted, extending from the rear front yard line to the front rear yard line of any lot between either side lot line and the sideline of the principal building nearest thereto. Stoops, steps, terraces or balconies extending not more than 48 inches into the required yard shall not be construed as part of the building unless said projections are enclosed on one or more sides.

ZONING OFFICER means the construction official of the Borough.