CIRCULATION - Provision for the movement of people, goods, water, sewage or power by means of streets, highways, pipes, conduits or other means, and including facilities for transit, transportation and communication.

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

FINAL PLAT - The final map submitted to the Planning Board for final approval in accordance with the regulations of this chapter.

LOT - A parcel of land separated from other parcels or portions of land, for purpose of sale, lease or separate use, by means of a description, as on a subdivision or on a recorded map, or by metes and bounds description.

MAJOR SUBDIVISION - Any subdivision not a minor subdivision.

MASTER PLAN - A composite of the mapped and written proposals recommending the physical development of the municipality which shall have been duly adopted by the Planning Board under Section 10 of the Municipal Planning Act (1953) (N.J.R.S. 40:55-1.10).

MINOR SUBDIVISION - Any subdivision of lots, tracts or parcels, all of which front on an existing improved state, county or municipal street and having an aggregate frontage on said street of not more than 250 feet, provided that:

       A. Such subdivision does not involve any new street or the extension or improvement of an existing street or municipal utility.

       B. Such subdivision does not conflict with any provision of the Master Plan, Official Map or Zoning Ordinance of the City of Hackensack.

OFFICIAL MAP - A map adopted in accordance with the Official Map and Building Permit Act (1953) (R.S. Cum. Suppl. 40:55-1.30 et seq.). Such a map shall be deemed to be conclusive with respect to the location and width of the streets, public parks and playgrounds and drainage rights-of-way shown thereon.

OWNER - Any person, firm, association, partnership or corporation owning or controlling property, including a duly authorized agent or attorney thereof. Guardians, conservators or trustees shall also be regarded as "owners."

PERFORMANCE GUARANTY - Any security which may be accepted under Section 22 of the Municipal Planning Act (1953) (N.J.R.S. 40:55-1.20) in lieu of a requirement that certain improvements be made before the Planning Board approves a plat, including performance bonds, escrow agreements and other similar collateral or surety agreements.

PLANNING BOARD - The Planning Board of the City of Hackensack, in the County of Bergen.

PLAT - Any map, sketch or plan showing the subdivision of land.

PRELIMINARY PLAT - The preliminary map indicating the proposed layout of the subdivision which is submitted to the Planning Board for consideration and tentative approval.

STREET - Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action under this chapter, or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.

SUBDIVIDER - Any person commencing proceedings under this chapter to effect a subdivision of land hereunder for himself or for another.

SUBDIVISION - The division of a lot, tract or parcel of land into two or more lots, sites or other divisions of land for the purpose, whether immediate or future, of sale or building development; except that the following divisions shall not be considered "subdivisions" within the meaning of this chapter unless new streets or roads are involved:

       C. Division of land for agricultural purposes where the resulting parcels are three acres or larger in size.

       D. Divisions of property by testamentary or intestate provisions.

       E. Divisions of property upon court order. "Subdivision" also includes resubdivision and, where appropriate to the context, relates to the process of subdividing or the lands or territory divided.

ABANDONMENT The relinquishment of property, or a cessation of the use of property, by the owner, with the intention neither of transferring rights of the property to another owner nor of resuming the use of the property.

ACCESSORY STRUCTURE A structure, the use of which is incidental to that of the main building, that is located on the same lot as the main building.

ACCESSORY USE A use subordinate to the principal use located on the same zone lot and serving a purpose customarily incidental to the principal use.

ACRE A measure of land equal to 43,560 square feet.

ADDITION An extension or increase in floor area or height of a building or structure.

ADMINISTRATIVE OFFICE An establishment primarily engaged in management and general administrative functions such as executive, personnel, finance and sales activities performed centrally for other facilities of the same company.

ADMINISTRATIVE OFFICER The Zoning Officer of the City of Hackensack unless a different official or officials are designated by ordinance.

ADULT DAY CARE CENTER A community based program designed to meet the needs of functionally or cognitively impaired adults over the age of 21 through an individual plan of care structured to provide a variety of health, social and related support services in a protective setting during any part of a day but less than 24 hours.

ADULT HOMES Housing intended exclusively for persons fifty-five (55) years of age or older and the spouses of such persons; when necessary for the care of persons fifty-five (55) years of age or older, one person other than a spouse under fifty-five (55) years of age is permitted in each household.

ALTERATION As applied to a building or structure, a change or rearrangement in the structural parts or in the means of egress; or an enlargement, whether by extending a side or by increasing the height; or the moving from one location or position to another.

ALTERNATIVE TOWER STRUCTURE Man made trees, clock towers, bell steeples, light poles, and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

AMUSEMENT GAME MACHINE A machine or device, whether automatic or coin-operated, whether mechanical, electrical or electronic, which shall be ready for play by insertion of a coin or may otherwise be operated by the public for a charge for use as a game, entrainment or amusement, including pinball machines or any device which utilizes a video tube to reproduce symbolic figures and lines to be representative of real games or activities, the object of playing of which is to achieve a score.

AMUSEMENT MACHINE COMPLEX A group of more than five (5) amusement games or amusement machines in the same place, location or premises constituting a principal or accessory use. A group of less than five (5) amusement game machines or amusement machines in the same place, location or premises constituting the principal use of the premises shall also be considered an amusement machine complex.

AMUSEMENT MACHINE, OTHER Any automatic or mechanical machine or device or entertainment or music vending machine, except an amusement game machine, which is or are operated or set in motion by the deposit therein of any coin or coins, tokens or slugs or the like thereof purchased for cash.

ANIMAL HOSPITAL A place where animals or pets are given medical or surgical treatment. Use as a kennel shall be limited to animals hospitalized for medical or surgical treatment.

ANIMAL KENNEL Any building, structure or premises in which animals are kept, boarded or trained for commercial gain.

ANTENNA Any exterior transmitting or receiving device mounted on a tower, building or structure and use in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals) wireless telecommunication signals or other communication signals.

APARTMENT One (1) or more rooms where a person or family lives independent of the other occupants of the same building and where each suite is used or designed to be used for living, sleeping, cooking and eating.

APARTMENT HOUSE Any house or building which is rented, leased, let or hired out to be occupied or is occupied as the home or residence of three (3) or more families living in separate apartments or efficiency apartments.

APPLICANT A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT The application form and all accompanying documents required by ordinance for approval of a subdivision plat, site plan, planned development, conditional use, zoning variance or direction of the issuance of a permit pursuant to law.

ARCHAEOLOGICAL SITE Land or water areas which show evidence or artifacts of human, plant or animal activity, usually dating from periods of which only vestiges remain.

AREA, BUILDING The area included within surrounding exterior walls (or exterior walls and fire walls ) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.

ASSEMBLAGE The merger of separate properties into a single tract of land.

ATTIC The space between the ceiling beams of the top story and the roof rafters.

AUTOMOBILE SALES The use of any building, land area or other premises for the display and sale of new automobiles, panel trucks or vans, trailers, or recreation vehicles and including minor mechanical repair service conducted as an accessory use and the scale of used cars which have been traded-in. The sale of used cars shall function as an accessory use to the principal use of selling new automobiles and vehicles.

AUTOMOBILE SERVICE STATION OR GASOLINE STATION A building or place of business where gasoline, fuel, oil and grease and/or batteries, tires and automobile accessories are supplied and dispensed directly to the motor vehicle trade and where minor repair service is rendered and to establishments providing "quick oil changes."

AWNING A roof-like cover that is temporary in nature and projects from any part of a building for the purpose of shielding a doorway or window from the elements and is so erected as to permit it being raised to a position flat against the building when not in use.

BACKHAUL NETWORK The lines that connect a providers tower site to one (1) or more cellular telephone switching offices and or long distance providers or the public switched telephone network.

BANNER Any temporary sign applied to paper, plastic or fabric of any kind which shall be permitted by the Mayor and Council by permit, above a public right-of-way.

BAR A structure or part of a structure used primarily for the sale or dispensing of alcoholic beverages by the drink.

BASE FLOOD ELEVATION The highest elevation, expressed in feet above sea level, of the level of flood waters occurring in the regulatory base flood.

BASEMENT That portion of a building which is partly or completely below grade.

BEDROOM A private room planned and intended for sleeping, separable from other rooms by a door.

BILLBOARD Any sign erected or maintained for the purpose of displaying outdoor advertising for products or services provided off-premises.

BOARD OF ADJUSTMENT The Board of Adjustment of the City of Hackensack.

BOARDER An individual other than a member of the family or household occupying the dwelling unit or a part thereof who, for a consideration, is furnished sleeping accommodations and may be furnished meals or other services as part of the consideration.

BOARDINGHOUSE Any dwelling or part of any dwelling which has space that is let by the owner or operator to more than three (3) persons who are not husband or wife, son or daughter, mother or father, sister or brother of the owner or operator; provided, however, that such roomers and/or boarders shall not include convalescents or chronically sick or mentally deficient or physically incompetent or aged, infirm or similar boarders and/or similar roomers who require medical attention and supervision and are usually housed in hospitals, sanatoriums, homes for the aged, nursing homes and similar institutions.

BRIDGE A structure having a clear span of more than twenty feet designed to convey vehicles and/or pedestrians over a watercourse, railroad, public or private right-of-way, or any depression.

BROOK A small stream or creek.

BUFFER ZONE Land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances elements and to insure privacy.

BUILDABLE AREA The area of a lot remaining after the minimum yard, open space and other limiting conditions established in the zoning ordinance or dictated by Federal or State regulations have been met.

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

BUILDING, ACCESSORY A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.

BUILDING, EXISTING Any structure erected prior to the adoption of the appropriate code, or one for which a legal building permit has been issued.

BUILDING, PRINCIPAL A building in which is conducted the principal use of the lot on which it is located.

BUILDING HEIGHT The vertical distance of a building measured from the average elevation of the finished grade measured six feet from the foundation of the structure to the highest roof beams of a flat roof or the mean level of the highest gable or slope of a hip roof.

BUILDING LINE The line established by law, beyond which a building shall not extend, except as specifically provided by law.

BUILDING SERVICE EQUIPMENT The mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories, which provides sanitation, lighting, heating, ventilation, firefighting and transportation facilities essential for the habitable occupancy of the building or structure for its designated use and occupancy.

BUSINESS SERVICES Establishments primarily engaged in rendering services to business establishments on a fee or contract basis, specifically advertising and mailing; building maintenance; employment service; management and consulting services; protective services; commercial research; development and testing; photo finishing; copying and reproduction services and personal supply services.

CAMPUS The grounds and building of a public or private college, university, hospital or school.

CANOPY Any structure, supported or unsupported, other than an awning, made of cloth or metal with metal frames attached to a building or structure and carried by a frame supported by the ground or sidewalk.

CELLAR A story partly above grade level, having more than one-half () its floor-to-ceiling height below the average level of the adjoining ground. No "cellar" or portion thereof shall be used as a dwelling unit, commercial workplace or habitable area. It shall not be counted as a story in determining the height of a building. (See BASEMENT)

CERTIFICATE OF OCCUPANCY (CO) The certificate issued by the code official which permits the use of a building or for land in accordance with the approved plans and specifications and which certifies compliance with the provisions of law for the use and occupancy of the building in its several parts together with any special stipulation or conditions of the building permit.

CHANGE OF USE Any use which differs from the previous use of a building or land.

CHARITABLE USE Property used by a nonprofit or eleemosynary organization that provides a service beneficial to the general public or to a significant portion of the public for a fee or at a fee recognized as being less than that charged by profit making organizations.

CHIMNEY A primary vertical enclosure containing one or more passageways.

CHURCH OR HOUSE OF WORSHIP A building or structure, or group of buildings or structures, which by design and construction are intended for the conducting of organized religious services and accessory uses associated therewith, but not including missions, district offices or regional headquarters of a religious group.

CLUB A group of people organized for a common purpose to pursue common goals, interests or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws.

COLLEGE OR UNIVERSITY An educational institution authorized by the State to award associates, baccalaureate or higher degrees.

COMMERCIAL MOTOR VEHICLE A licensed motor vehicle manufactured as a truck, bus, taxi, tractor or trailer, other than a recreational vehicle, which meets any of the following criteria:

       A. The vehicle is licensed for commercial purposes.

       B. The vehicle contains a sign, advertisement or other graphics indicating that its use is for commercial purposes.

       C. The vehicle has a gross weight in excess of three-fourths (3/4) ton.

       D. A van-type vehicle not having windows of at least two (2) square feet in area in both rear side panels. A pickup-type truck with a cap not having windows of at least two (2) square feet in area in both sides of such cap. (A pickup-type truck with a cap having windows of at least two (2) square feet in area in both sides of the cap shall not be deemed a commercial motor vehicle, provided that it complies with Subsection A, B and C above. A pickup type truck with a cap not having windows of at least two (2) square feet in area in both sides of such cap as well as a pickup type truck with a cap camper shall be deemed a recreational vehicle as defined in Article I, Section 175-2.2, 175-23.1 and shall be subject to the provisions of section 175-23.1 when located in a residential district.)

       E. A pick-up truck without a cap.

COMMON OPEN SPACE An open space area within or related to a site designated as a development, and designed and intended for the use or enjoyment of residents and owners of the development. Common open space may contain complementary structures and improvements as are necessary and appropriate for the use and enjoyment of the residents and owners of the development.

COMPLETE APPLICATION An application form completed as specified by Ordinance and the rules and regulations of the Planning Board or Zoning Board of Adjustment, and all accompanying documents required by Ordinance for approval of the application for development including, where applicable, but not limited to, a site plan or subdivision plat; provided, that the Planning Board or the Zoning Board of Adjustment may require such additional information not specified by Ordinance or any information not specified by Ordinance or any revisions in the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met. The application shall not be deemed incomplete for lack of any such additional information or any revisions in the accompanying documents so required by the Planning Board or Zoning Board of Adjustment, unless the same are listed on the checklist of required items provided to the applicant upon the making of the application. An application shall be certified as complete immediately upon the meeting of all requirements established by Ordinance and the rules and regulations of the Planning Board or the Zoning Board of Adjustment and shall be deemed complete as of the date it is so certified by the administrative officer for purposes of the commencement of the time period for action by the Approving Authority.

COMMUNITY ASSOCIATION A homeowners association or organization designed to own, maintain, and operate common facilities and to enhance and protect their common interests.

COMMUNITY CENTER A building used for recreational, social, educational and cultural activities, usually owned and operated by a public or nonprofit group or agency.

COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURED A community residential facility licensed pursuant to PL 1977 c. 448 (C:30:11B-1 et seq) providing food, shelter, and personal guidance under such supervision as required assistance, temporary or presently in order to live in the community and shall include but not limited to half way houses, group homes, supervised apartment living arrangements and hotels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" PL 19XX, c. 136 (C.26-28-1 et al.)

COMMUNITY RESIDENCE FOR THE TERMINALLY ILL Any community residential facility operated as a hospice program providing food, shelter, personal guidance and health care services as required to not more than 15 terminally ill persons.

COMMUNITY RESIDENCES FOR THE DEVELOPMENTALLY DISABLED Any community residential facility licensed pursuant to P.L. 1977, c. 448 (C. 30:1113-1 et seq.) providing food, shelter and personal guidance, under such supervision as required, to not more than 15 developmentally disabled or mentally ill persons, who require assistance, temporarily or permanently, in order to live in the community and shall include, but not be limited to: group homes, half-way houses, intermediate care facilities, supervised apartment living arrangements and hostels. Such a residence shall not be considered a health care facility within the meaning of the "Health Care Facilities Planning Act" (P.L. 1971.c. 136; C.26. 2H-1 et seq.). In the case of such a community residence, housing mentally ill persons, such residence shall have been approved for a purchase of service contract or an affiliation agreement pursuant to such procedures as shall be established by regulation of the Division of Mental Health and hospitals of the Department of Human Services.

       As used herein, "developmentally disabled person" means a person who is developmentally disabled as defined in Section 2. of P.L. 1977, c. 448 (C. 30: 1113-2), and "mentally ill person" means a person who is afflicted with a mental illness as defined in R.S. 30:4-23, but shall not include a person who has been committed after having been found not guilty of a criminal offense by reason of insanity or having been found unfit to be tried on a criminal change.

COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE Any shelter approved for a purchase of service contract and certified pursuant to standards and procedures established by regulation of the Department of Human Services pursuant to P.L. 1979, c. 337 (C. 30 :14-1 et seq.) providing food, shelter, medical care, legal assistance, personal guidance, and other services to not more than 15 persons who have been victims of domestic violence, including any children of such victims, who temporarily require shelter and assistance in order to protect their physical or psychological welfare.

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 the zoning ordinance and upon the issuance of an authorization therefore by the planning board.

CONDOMINIUM The form of ownership of real property under a master deed providing for ownership by one or more owners of units of improvements together with an undivided interest in common elements appurtenant to each such unit.

CONDOMINIUM ASSOCIATION The entity responsible for the administration of a condominium, which entity may be incorporated or unincorporated.

CONFORMING USE OR CONFORMING BUILDING A use or building which conforms with the regulations of this chapter for the district in which such building or use is located.

CONGREGATE HOUSING A dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.

COURT An open, uncovered and unoccupied space on the same lot as a building where such space is enclosed wholly or partly by buildings, walls or other enclosing devices.

CRITICAL AREA An area with one or more of the following characteristics (1) slopes in excess of fifteen (15) percent; (2) floodplains; (3) soils classified as having a high water table; (4) soils classified as highly erodible, subject to erosion or highly acidic; (5) land incapable of meeting percolation requirements; (6) land formerly used for landfill operations or hazardous industrial use; (7) fault areas; (8) stream corridors; (9) areas designated as potential reservoir sites; (10) estuaries; (11) mature stands of native vegetation; (12) aquifer recharge and discharge areas; (13) wetland and wetland buffer areas, (14) areas designated in the Register of Natural Areas of the New Jersey Department of Environmental Protection, and (15) natural habitats which protect and preserve endangered and threatened plant and animal species.

DAYS Means Calendar days.

DECIBEL A unit of sound pressure level.

DECIDUOUS Plants that drop their leaves before becoming dormant in winter.

DENSITY The permitted number of dwelling units per gross area of land to be developed.

DETENTION BASIN An impoundment area made by constructing an embankment or excavating a pit or both, for the purpose of temporarily storing stormwater.

DEVELOPER The legal or beneficial owner or owners of a lot or of any land 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 The division of a parcel of land into two (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.

DEVELOPMENTALLY DISABLED Experiencing a disability which originates before eighteen (18) years of age, which has continued or is expected to continue indefinitely, which constitutes a substantial handicap and which is attributable to mental retardation, cerebral palsy, epilepsy, autism or other conditions found by the Commissioner of Human Services to give rise to an extended need for similar services.

DISTRICT OR ZONE Any portion of the territory of the City of Hackensack within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter.

DORMITORY A building other than an apartment, hotel or motel containing units or rooms for the housing of non-transient persons attending or employed by a college or university.

DRAINAGE The removal of surface water or groundwater from land by drains, grading or other means including control of runoff during and after construction or development to minimize erosion and sedimentation, to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen non-point pollution, to maintain the integrity of stream channels for their biological functions as well as drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DRUG STORE A store where the primary business is the filling of medical prescriptions, providing medical devices and supplies, and nonprescription medicines and where non-medical products are sold as well.

DRY CLEANING Cleaning textiles, fabrics, garments or other articles by the use of solvents other than water, extracting the solvents therefrom and drying the same.

DWELLING Any permanent building or portion thereof designed or used exclusively as the residence or sleeping place of one (1) or more persons.

DWELLING, ATTACHED A one-family dwelling attached to one or more one-family dwellings by common vertical walls.

DWELLING, DETACHED A dwelling which is completely surrounded by permanent open spaces.

DWELLING, EFFICIENCY A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

DWELLING, MULTIFAMILY A structure or building occupied or intended for occupancy as separate living quarters for more than two (2) families or households, and provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit.

DWELLING, ONE-FAMILY A building occupied or intended for occupancy exclusively by one (1) family or one (1) household, and provided with cooking, sleeping and sanitary facilities for the use of the occupants of the unit. Also referred to as a "single-family dwelling".

DWELLING, TWO-FAMILY A building occupied or intended for occupancy as separate living quarters for no more than two (2) families or two (2) households, and provided with separate cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other by vertical walls to and through the roof or by horizontal floors: also referred to as a "duplex dwelling".

DWELLING UNIT One (1) or more rooms, occupied or intended for occupancy as separate living quarters by one (1) family or household, provided that access is directly from the outside or through a common hall and that separate cooking, sleeping and sanitary facilities are provided within the dwelling for the exclusive use of the occupants thereof. Occupancy by more than one (1) family or household within a single dwelling unit shall constitute a violation of this chapter.

EAVE The projecting lower edges of a roof overhanging the wall of a building.

ELEEMONSYNARY OR PHILANTHROPIC INSTITUTION A private or non-private organization which is not organized or operated for the purpose of carrying on a trade or business and no part of the net earnings of which are for the benefit of any individual.

ENCROACHMENT Any obstruction in a delineated floodway, right-of-way or adjacent land.

ENLARGEMENT An increase in the size of an existing structure.

ENVIRONMENT The sum of all external conditions and influences affecting the life, development and, ultimately, the survival of an organism.

ENVIRONMENTAL COMMISSION The City of Hackensack Environmental Commission created pursuant to P.L. 1968 c. 245 40:56A-1 et seq.)

ENVIRONMENTAL IMPACT STATEMENT (EIS) A statement on the positive and negative effects of development proposals and other major actions which significantly affect the environment.

EROSION The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

ESSENTIAL SERVICE The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, light stations, telephone lines, hydrants and other similar equipment and accessories herewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health, safety or general welfare.

EXTENDED CARE FACILITIES A long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. (See LONG TERM CARE FACILITY and NURSING HOME. )

FAA The Federal Aviation Administration.

FCC The Federal Communication Commission

FACING OR SURFACE The surface of the sign upon, against or through which the message is displayed or illuminated on the sign.

FAMILY A group of persons functioning as a single housekeeping unit and whose relationship is of a permanent, stable and domestic character as distinguished from non-familial institutional use, boarding homes, fraternities, sororities, clubs, associations, transient housing or other similar forms of housing . For the purpose of this Ordinance, a "family" shall include foster children placed with a family in such dwelling by the New Jersey State Board of Child Welfare or a duly incorporated child care agency.

FAMILY DAY CARE CENTER A private establishment enrolling no more than 5 children between 2 and 6 years of age and where tuition, fees, or other forms of compensation for the care of children is charged and which is licensed by the State of New Jersey and approved by the City of Hackensack to operate as a day care center. (See Section 175-6.3F )

FENCE An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.

FLOOD The temporary overflowing of water onto land which is usually devoid of surface water.

FLOOD FRINGE AREA That portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus twenty-five percent of the regulatory base flood discharge.

FLOOD HAZARD AREA That flood plain consisting of the floodway and the flood fringe area.

FLOOD HAZARD DESIGN ELEVATION The highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood fringe area.

FLOOD INSURANCE RATE MAP The official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.

FLOOD OF RECORD A flood which has occurred for which there are accurate local records available.

FLOOD PLAIN The channel and the relatively flat area adjoining the channel of a natural stream or river which has been or may be covered by floodwater.

FLOODPROOFING A combination of structural provisions, changes or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to properties, water and sanitary facilities and other utilities, structures and the contents of buildings.

FLOODWAY The channel of a natural stream, brook or river and portions of the flood plain adjoining the channel, which are reasonably required to carry and discharge the floodwater or flood flow of any natural stream, brook or river.

FLOOR AREA The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings including exterior balconies and mezzanines, but not including interior parking spaces, or any space where the floor-to-ceiling height shall be less than seven (7) feet six (6) inches.

FLOOR AREA, GROSS The floor area within the perimeter of the outside walls of the building under consideration, without deduction for hallways, stairs, closets, thickness of walls, columns, or other features.

FLOOR AREA, NET The actual occupied area, not including accessory unoccupied areas or thickness of walls.

FLOOR AREA RATIO The sum of the area of all of the floors of buildings or structures compared to the total area of the site.

FRONTAGE The side of a lot abutting on a street also known as the front lot line. On a corner lot the front yard is defined by the as the larger of the dimensions. Where the dimensions are the same, the applicant may indicate which is to be utilized as the front yard.

FUNERAL HOME A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.

GARAGE, PRIVATE An accessory structure to the principal building on the lot, designed for storage of one (1) or more motor vehicles in which no business, service or industry is conducted or rendered and which garage shall have solid exterior walls and roof, all openings being enclosed either with doors or windows, or both. In any residential district, not more than one (1) space in a "private garage" shall be rented to a nonresident of the premises. Carports shall not be considered a private garage.

GARAGE, PUBLIC Any structure or part thereof other than a private garage in which a business or service connected with motor vehicles is conducted or rendered, including storage, rental, repair, servicing, adjusting or equipping automobiles or other motor vehicles. The term "public garage" shall not be interpreted to permit the principal use of any lot as an auto laundry or used automobile sales lot, which uses are only permitted in conjunction with a duly authorized new car agency and located on the same lot therewith. The term "public garage" shall not apply to an automobile salesroom conducted exclusively for the exhibition of such vehicles. The term "motor vehicle" shall include passenger automobiles, station wagons, motor scooters, tractors, truck tractors or similar types of conveyances for persons or goods.

GARDEN APARTMENT One (1) or more multifamily dwellings not exceeding a height of two (2) stories, containing off-street parking, and open spaces and as more fully required herein. Each dwelling unit therein shall contain two (2) separate direct means of access to the outside, with each two (2) dwelling units separated by a fire wall in accordance with the Uniform Construction Code.

GLARE The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.

GRADE The reference plane representing the average of finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, when the lot line is more than six (6) feet from the building between the building and a point six (6) feet from the building.

GROSS DENSITY Shall mean the total number of dwelling units on the tract divided by the total area of the tract, including environmentally sensitive or restricted areas. The result is expressed as dwelling units per acre (du/ac).

GROSS LEASABLE AREA The total floor area designed for tenant occupancy and exclusive use. The area of tenant occupancy is measured from the center lines of joint partitions to the outside of the tenant walls.

GROUND COVER Grasses or other plants grown to keep soil from being blown or washed away.

HABITABLE SPACE Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, halls, storage or utility spaces and similar areas are not considered habitable space. Storage space, cellars, garage areas or any area where the floor to ceiling height is less than 7 feet 6 inches are also not considered habitable space.

HEALTH CARE FACILITY A facility, institution, or medical center, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human disease, pain, injury, deformity or physical condition, including, but not limited to, a general hospital, special hospital, mental hospital, public health center, diagnostic center, treatment center, rehabilitation center, extended care facility, skilled nursing home, nursing home, intermediate care facility, tuberculosis hospital, chronic disease hospital, maternity hospital, outpatient clinic, dispensary, home health care agency, boarding home or other home for sheltered care, and bioanalytical laboratory or central services facility serving one or more such institutions but excluding institutions that provide healing solely by prayer.

HEIGHT When referring to a tower or other structure the distance measured from the lowest finished grade of the parcel to the highest point on the tower or other structure including the base pad and any antenna.

HELISTOP A heliport, but without auxiliary facilities such as parking, waiting room, fueling and maintenance equipment.

HEREAFTER After the time this ordinance becomes effective.

HERETOFORE Before the time this ordinance becomes effective.

HOME OCCUPATION A use conducted within, or storage on, the same property as a dwelling, that does not occupy more than one-third (1/3) of the area of one (1) floor or more than one-third (1/3) of the area of the same property as the dwelling located thereupon, and that is carried on by the inhabitants of the dwelling and which is incidental to the use of the dwelling for dwelling purposes and the operation of which does not change the character of the dwelling. A home occupation consisting of the office of a practitioner of a recognized profession.

HOMEOWNERS ASSOCIATION A community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.

HORTICULTURE The cultivation of a garden or orchard.

HOSPITAL OR MEDICAL CENTER An institution providing primary health services and medical or surgical care to persons, primarily inpatients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.

HOTEL A building consisting of at least two (2) stories above ground level, which building provides sleeping accommodations to the general public and which building contains a central entrance leading to a common lobby. Access to sleeping rooms shall be only through hallways extending from said common lobby areas, and no sleeping room shall contain doors providing entrance or exit to sleeping rooms other than from said common hallway except as may be required by other ordinances or regulations for safety purposes.

HOUSING FOR THE ELDERLY Multifamily housing designed for older persons, one of whom must minimally be 62 years of age or older. (Also known as senior citizen housing )

HOUSING FOR THE ELDERLY Multifamily housing designed for older persons, one of whom must minimally be 62 years of age or older. (Also known as senior citizen housing )

IMPERMEABLE Not permitting the passage of water.

IMPERVIOUS SURFACE Any material which reduces and prevents absorption of storm water into the land.

IMPROVED LOT COVERAGE The percentage of lot area which is improved with principal and accessory buildings, structures and uses, including all impervious surface areas such as buildings, driveways, parking lots and garages and other man-made improvements, including retention, detention and water quality basins.

INCLUSIONARY ZONING Regulations which increase housing choice by providing the opportunity to construct more affordable, diverse and economic housing to meet the needs of low and moderate income families.

INDOOR TENNIS FACILITY A building or structure containing one or more roofed and enclosed tennis courts.

INSTITUTIONAL BUILDING A building in which persons are harbored to receive medical, charitable or other care or treatment or in which persons are held or detained by reasons of public or civic duty or for correctional purposes, including, among others, hospitals, asylums, sanatoriums, firehouses, police stations and jails.

INTERESTED PARTY "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 an administrative proceeding before a municipal agency, any person, whether residing within or without the municipality, whose right 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 the State of New Jersey or of the United States have been denied, violated or infringed by an action or a failure to act under the Municipal Land Use Law.

INTERMEDIATE CARE FACILITY A facility which provides, on a regular basis, health related care and services to individuals who do not require the degree of care and treatment which a hospital or skilled nursing facility is designated to provide, but who, because of their mental or physical condition, require care and services which can be made available to them only through institutional facilities such as these.

JUNK YARD An area of land, with or without buildings, used for or occupied by the deposit, collection or storage outside of a completely enclosed building of used and discarded materials, such as wastepaper, rags or sheet metal, used building materials, house furnishings, machinery, vehicles or parts thereof, etc., with or without the dismantling, processing, salvage, sale or use or disposition of the same. The deposit or storage on a lot of one (1) or more wrecked or broken-down vehicles or parts of one (1) or more such vehicles for one (1) month or more shall be deemed a "junkyard."

KIOSK A free-standing structure upon which temporary information and/or posters, notices and announcements are posted.

KITCHEN AREA A portion of a dwelling unit designed or used for cooking and eating. A stove, refrigerator, sink or cabinets must occupy at least sixteen (16) square feet of said "kitchen area."

LAND Ground, soil or earth including improvements and fixtures on, above or below the surface.

LAND DISTURBANCE Any activity involving the cleaning, cutting, excavating, filling, or grading of land or any other activity which alters land topography or vegetative cover.

LAUNDROMAT OR WET-WASH LAUNDRY An establishment only for the washing and drying of clothing brought in by the customer and in which such washing and drying is performed with the use of mechanical equipment and for which a fee is charged.

LIGHT MANUFACTURING Industrial uses which meet the performance standards, use regulations, bulk controls, and other requirements established in this ordinance.

LIVE ENTERTAINMENT Establishments which provide live entertainment consisting of vocalist, instrumental music or dancers or similar entertainment where patrons are entertained for a fee, whether such fee shall be direct or indirect through a charge for other products or services, but not including halls, auditoriums, rooms or playhouses or religious, civic or fraternal organizations.

LONG-TERM CARE FACILITY An institution which is licensed or approved by the State of New Jersey to provide health care under medical supervision for 24 or more consecutive hours to patients who are not related to the governing authority or its members by marriage, blood or adoption.

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.

LOT AREA The computed areas contained within the lot lines, excluding any street rights-of-way. Where no lot line is designated on the tax map, the boundary of the public right-of-way shall determine the limits of the boundary of the lot.

LOT, CORNER A parcel of land with two adjacent sides abutting upon streets.

LOT, INTERIOR A parcel of land fronting upon one street.

LOT, THROUGH A parcel of land which extends through from one street to another.

LOT, THREE-SIDED A parcel of land located at the junction of and abutting on three intersecting streets.

LOT COVERAGE That portion of a lot which is occupied by buildings and accessory buildings but not including other areas of impervious surfaces such as walkways, driveways, patios and open parking lots.

LOT DEPTH A horizontal distance between the front lot line and rear lot line, measured perpendicular or radial to the front lot line at the midpoint of the lot frontage to the furthest distance thereof or taken as the average of three measurements at each corner and the midpoint for irregularly shaped parcels.

LOT FRONTAGE The length of the front lot line measured at the street right-of-way line.

LOT LINE A line of record bounding the lot. Where an area does not have a lot line indicated on a tax map, the boundary of the public right-of-way shall determine the boundary of the lot line.

LOT LINE, FRONT The lot line separating the lot from the street right-of-way also referred to as a "street line."

LOT LINE, REAR The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE Any lot line other than a front or rear lot line.

LOT, MINIMUM AREA OF The smallest lot area established by the zoning ordinance on which a use or structure may be located in a particular district.

LOT WIDTH The horizontal distance between the side lines of a lot measured parallel to the front lot line at the required front yard setback line.

LOW INCOME HOUSING For the purpose of this Ordinance, "low income housing" shall be housing that is designed for a household earning 50% or less of the area median income, adjusted by household size.

MANUFACTURE The converting or processing of raw, unfinished or finished materials or products, into an article or articles or substance of a different character or for use for a different purpose.

MARQUEE Any hood, canopy, awning or permanent construction which projects from a wall of a building usually above an entrance.

MEDICAL BUILDING A building that contains establishments dispensing health services including same day treatment only with overnight patient care prohibited.

MEZZANINE An intermediate level or levels between the floor and ceiling of any story with an aggregate floor area of not more than 33 percent of the floor area of the story in which the level or levels are located.

MINI-WAREHOUSE A structure containing separate storage space of varying size leased or rented on an individual basis.

MOBILE HOME Any commercially manufactured vehicle, or combination thereof, used, designed or intended for use, for permanent occupancy as living quarters for one (1) family or household, designed to be moved occasionally from one location to another by means of wheels affixed to an axle or carriage affixed to the vehicle, propelled by the power of another vehicle to which it may be attached, whether the axle or carriage to which the wheels may be affixed is detachable or detached.

MOBILE HOME PARK One (1) or more parcels of land under single ownership which have been planned for the placement of two (2) or more mobile homes, appurtenant structures or additions.

MODERATE INCOME HOUSING For the purpose of this Ordinance, "moderate income housing" shall be housing that is designed for a household earning between 50% and 80% of the area median income as adjusted for household size.

MOTEL A building or a group of detached, semi-attached or attached buildings containing guest rooms or dwelling units, each of which, or each pair of which, has a separate entrance leading directly to the outside of the building with garage or parking space conveniently located to each unit, and which are designed, used or intended to be used primarily for the accommodation of motor vehicle transients, but not including hotels, boarding or rooming houses or trailer camps.

MOTION PICTURE THEATER A place where motion pictures are shown to the public for a fee.

MOTOR VEHICLE BODY REPAIR SHOP A place of business within a principal building where the bodies of motor vehicles are repaired and or rehabilitated. Motor vehicles shall be limited to passenger cars, vans and small trucks not exceeding two (2) tons in weight classification. Permitted activities include metal fabricating and refinishing, sanding and painting and other related mechanical activities necessary to repair auto bodies.

NATIONAL FLOOD INSURANCE PROGRAM A federal program which authorizes the sale of federally subsidized flood insurance in communities where such flood insurance is not available privately.

NATIONAL HISTORIC PRESERVATION ACT A 1966 federal law that established a National Register of Historic Places, the Advisory Council on Historic Preservation and authorizing grants in aid for historic properties preservation.

NATIONAL REGISTER OF HISTORIC PLACES The official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the nation's history or whose artistic or architectural value is unique.

NET DENSITY The total number of dwelling units within a designated residential land use parcel divided by the total land area of the designated residential land use parcel less major recreational facilities, streets, retention, detention, and water quality basins and public facilities within the parcel. The result is expressed as dwelling units per acre (du/ac).

NONCONFORMING LOT A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING SIGN Any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

NONCONFORMING STRUCTURE A structure the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this chapter but which fails to conform to the 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 this chapter but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NON-POINT RUNOFF Surface water entering a channel from no definable discharge source.

NUISANCE An interference with the enjoyment and use of property.

NUISANCE ELEMENT Any environmental pollutant, such as smoke, odors, liquid wastes, solid wastes, radiation, noise, vibration, glare or heat.

NURSERY Land or greenhouses used to raise flowers, shrubs and plants for sale.

NURSING HOME An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves, but not to include mental patients or persons afflicted with contagious or infectious disease or liquor or drug addiction.

OFFICE BUILDING A building used for conducting the affairs of a business, profession, service, industry or government, or like activity, but not for manufacture, storage or sale of goods except by sample.

OFFICE PARK A development on a tract of land that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed and managed on an integrated and coordinated basis.

OFF-SITE Located outside the lot lines of the lot in question but within the property (of which the lot is a part) which is the subject of a development application or within a contiguous portion of a street or right-of-way.

OFF-STREET PARKING SPACE A storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located within a street right-of-way.

OFF-TRACT Not located on the property which is the subject of a development application, nor located on a contiguous portion of a street or right-of-way.

ON-SITE Located on the lot in question.

ON-STREET PARKING SPACE A temporary storage area for a motor vehicle which is located within a street or right-of-way.

ON-TRACT 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 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.

OUTDOOR STORAGE The keeping, in an unroofed area of any goods, material, merchandise, or vehicles in the same place for more than twenty-four hours.

PARAPET The extension of the main walls of a building above the roof level. No parapet wall shall exceed four (4) feet in height.

PARCEL A lot or tract of land.

PARKING AREA Any public or private land area designed and used for parking motor vehicles including parking lots, garages, private driveways and legally designated areas of public streets.

PARKING AREA, PRIVATE Any open area being part of the same lot or tract on which is erected a building or structure used for the temporary storage of automobiles and other vehicles for the private use solely by the occupants thereof to which such use is accessory.

PARKING AREA, PUBLIC Any open area other than a street or other public way used for the temporary storage of automobiles and other vehicles and available to the public, whether for a fee or without compensation, or as an accommodation for clients, customers or employees.

PARKING SPACE An off-street space available for the parking of one (1) motor vehicle in accordance with the terms of this ordinance.

PENNANT Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

PENTHOUSE An enclosed structure above the roof of a building, other than a roof structure or bulkhead, occupying not more than 33 1/3 percent of the roof area.

PERFORMANCE STANDARDS Standards adopted by this ordinance regulating noise level, glare, earthborn or sonic vibrations, heat, electronic or atomic radiation, noxious odors, toxic matters, explosive and flammable matters, smoke and airborne particles, waste discharge, screening of unsightly objects or conditions and such other similar matters as may be reasonably required by the City of Hackensack, or standards required by applicable Federal, state or interstate law or municipal ordinance.

PERMITTED USE Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

PERSON Any individual, association, partnership, corporation or cooperative group.

PERSON WITH HEAD INJURY A person who has sustained an injury, illness or traumatic changes to the skull, the brain contents or its coverings which result in a temporary or permanent psychobiological decrease of mental cognitive behavioral social or physical functioning which causes partial or total disability.

PLAN The provisions for development of a planned development, including a plat of subdivision, all covenants relating to use, location and bulk of buildings and other structures, intensity of use or density of development, public or private streets, ways and parking facilities, open space and public facilities. The phrase "provisions of the plan," when used in this chapter, shall mean the written and graphic materials referred to in this development.

PLANNED COMMERCIAL DEVELOPMENT OR SHOPPING CENTER An area of a minimum contiguous size as specified in this ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate commercial or office uses, or both.

PLANNED DEVELOPMENT Includes planned unit development, planned residential development, planned commercial development or planned industrial development.

PLANNED INDUSTRIAL DEVELOPMENT An area of minimum contiguous size as specified in this ordinance to be developed according to a plan as a single entity containing one (1) or more structures with appurtenant common areas to accommodate industrial uses.

PLANNED RESIDENTIAL DEVELOPMENT An area with a specified minimum contiguous acreage to be developed as a single entity according to a plan containing one (1) or more residential clusters, which may include appropriate public or quasi-public uses all primarily for the benefit of the residential development.

PLANNING BOARD The Planning Board of the City of Hackensack.

PLAT A map or maps of a subdivision or a site plan.

PLAZA An open space which may be improved and landscaped usually surrounded by streets and buildings.( See COURT. )

POOL HALL OR BILLIARD HALL A group of more than two (2) pool tables or billiard tables available for use by the public in the same place, location or premises constituting a principal or accessory use. Establishments selling or displaying for sale pool tables or billiard tables shall not be considered a pool hall or billiard hall if such are not available for use by the public.

PRE-EXISTING TOWERS AND PRE-EXISTING ANTENNAS Any tower or antenna for which a building permit or conditional use permit has be properly issued prior to the effective date of this ordinance including permitted towers or antenna that have not been constructed so long as each approval is correct and not expired.

PORCH A roofed open area, which may be glazed or screened, attached to or part of and with direct access to or from a building.

PRIMARY STREET The street faced by the main entrance of a principal building.

PRINCIPAL USE The primary or predominant use of a lot.

PROCESSING A series of operations, usually in a contiguous and regular action or succession of actions, taking place or carried on in a definite manner.

PROFESSIONAL AND BUSINESS OFFICE A use or uses conducted entirely within a structure for the purpose of providing a professional service or conducting a business office therein, restricted solely to administrative office activities, specifically excluding the sale or transfer of any physical products or goods from the site.

PROFESSIONAL, RESIDENT Includes the following : architect, accountant, dentist, surgeon or physician, engineer, land surveyor, lawyer, or professional planner, provided that the professional person owns and makes the premises his or her principal residence and domicile and the professional use does not exceed thirty percent (30%) of the floor area.

PROHIBITED USE A use that is not permitted in a zone district.

PSYCHIC READER A reader who advises clients by professing to tell past, present or future events. through extraordinary spiritual insight or by perceiving another's thought. The term "psychic reader" includes the term card reader," "crystal gazer," "fortuneteller," "mind reader," "palmist" and "tea-leaf reader."

PSYCHIC STUDIO OR ROOM A room used primarily for conducting the business of psychic reading.

PUBLIC AREAS Includes public parks, playgrounds, trails, paths and other recreational areas; other public open spaces; scenic and historic sites; and sites for schools and other public buildings and structures.

PUBLIC DRAINAGE WAY The land reserved or dedicated for the installation of storm water sewers or drainage ditches or required along a natural stream or watercourse for preserving the biological as well as drainage function of the channel and providing for the flow of water to safeguard the public against flood damage, sedimentation, and erosion and to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, and to lessen non-point pollution.

PUBLIC OPEN SPACE An open space area conveyed or otherwise dedicated to a municipality, municipal agency, board of education, state or county agency, or other public body for recreational or conservational uses.

PUBLIC UTILITY FACILITIES Telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures; sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.

PUBLIC WAY Any street, alley or other parcel of land open to the outside air leading to a public street, which has been deeded, dedicated or otherwise permanently appropriated to the public for public use that has a clear width and height of not less than 10 feet.

RECHARGE The process of renewing underground water by infiltration during wet seasons.

RECREATIONAL FACILITY, COMMERCIAL A recreation facility operated as a business and open to the public for a fee.

RECREATIONAL FACILITY, PERSONAL A recreation facility provided as an accessory use on the same lot as the principal permitted use and designed to be used primarily by the occupants of the principal use and their guests.

RECREATIONAL FACILITY, PRIVATE A recreation facility operated by a non-profit organization, and open only to bona fide members and guests of such nonprofit organization.

RECREATIONAL FACILITY, PUBLIC A recreation facility operated by a governmental agency and open to the general public.

RECREATIONAL VEHICLE A transportation structure, self-propelled or capable of being towed by a passenger car, station wagon or small pickup truck or panel truck, of such size and weight not to require any special highway movement permits and primarily designed or constructed to provide temporary, movable, living quarters for recreational, camping or travel use, but not while so parked, stored or garages in the City of Hackensack and not for any commercial purposes or for profit. The term "recreational vehicle" shall be limited to the following:

       A. Travel trailers or fifth-wheel trailers which are defined as portable structures built on a chassis with wheels as an integral part to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup trucks or panel trucks, but not including truck tractors of any type. The maximum length of any travel trailer or fifth-wheel trailer which may be parked or stored unenclosed in the rear yard of any residential lot is twenty-eight (28) feet.

       B. Camping trailers which are trailers, the walls of which are so constricted as to be collapsible and made of either canvas or similar cloth or rigid material such as fiber glass, plastic or metal. Camping trailers are mounted on wheels and designed for travel and recreation use.

       C. Pickup campers or truck caps which are recreational structures designed to be mounted in the bed of light pickup trucks and are designed for travel, storage or recreational use.

       D. Motor homes which are constructed with a truck or motor-van chassis and incapable of being separated there from. The maximum length of any motor home which may be parked or stored unclosed in the rear yard of any residential lot is twenty-eight (28) feet.

       E. A boat or snowmobile, or boat or snowmobile trailer. A boat or snowmobile trailer is a vehicle on which a boat or snowmobile may be transported and which is towable by a passenger car, station wagon, light pickup or panel truck or mobile home. The maximum length of any boat which may be parked or stored unenclosed in the rear yard of any residential lot is twenty-eight (28) feet.

REPAIR The reconstruction or renewal of any part of an existing building for the purpose of its maintenance.

RESEARCH LABORATORY An establishment or other facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.

RESIDENTIAL CLUSTER An area to be developed as a single entity according to a plan containing residential housing units which have a common or public open space area as an appurtenance.

RESIDENTIAL DENSITY The number of dwelling units per gross acre of residential land area, including streets, easements, detention, retention and water quality basins and open space portions of a planned development.

RESTAURANT A building or structure designed, used or intended for use in which food and beverage are sold and consumed primarily within the confines of an enclosed structure on the site, with seating and serving capacity for not less than thirty (30) persons and with public floor area of not less than six hundred (600) square feet. A "restaurant" shall not include refreshment stands commonly called snack or dairy bars where consumption takes place outside of the structure or in automobiles parked upon the premises, whether brought to said automobile by the customer or by employees of the establishment. A "restaurant" shall also include pickup or delivery services wherein food is prepared on the premises for off-premises consumption. Cafes, coffeehouses and cyber cafes, which provide Internet access, are restaurants.

RESTAURANT, CARRY-OUT An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended to be consumed off the premises, and where the consumption of food in vehicles on the premises is not permitted.

RESTORATION The replication or reconstruction of a building's original architectural features.

RESUBDIVISION "Resubdivision" means (1) the further division or relocation of lot lines of any lot or lots within a subdivision previously made and approved or recorded according to law or (2) the alteration of any streets or the establishment of any new streets within any subdivision previously made and as to combine existing lots by deed or other instrument.

RETAIL STORE A store where goods are sold directly to the consumer for personal or household use, with or without incidental processing on the premises. Any establishment which requires a club membership or fee payment to permit entry to the establishment for the sale of goods or services shall be considered a retail establishment, whether or not the words "wholesale or warehouse" appear in the name of the establishment.

RETAINING WALL A structure constructed to hold back or support an earthen bank.

RETENTION BASIN A facility that provides permanent storage of excessive surface runoff, such as a pond, pool or basin.

REVIEWING BOARD Either the Planning Board of the City of Hackensack or the Zoning Board of Adjustment, depending upon which agency has jurisdiction over the application under consideration.

RIGHT-OF-WAY A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.

RINGELMANN CHART A device used to measure the opacity of smoke emitted from smoke stacks and other sources.

SATELLITE ANTENNA A reflective dish structure which is designed for the purpose of receiving television, radio, microwave, satellite or similar signals and serves as an accessory structure to a principal permitted structure or use.

SEALAND TYPE CONTAINER An aluminum or steel shipping container, either insulated or non insulated, which come in several sizes ranging from twenty to forty feet in length.

SCHOOL Includes public and parochial (religious) institutions of learning for grades kindergarten through 12th grade, but shall not include institutions of higher learning, colleges, trade schools, vocational schools or nursery schools, nor shall it include schools for specialized training because of the mental or physical status of the prospective students.

SETBACK The distance between the street right-of-way line and any part of the building.

SETBACK LINE The line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal building must be erected or placed.

SHOPPING CENTER A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements.

SIDEWALK A paved, surfaced or leveled area used as a pedestrian walkway.

SIGHT TRIANGLE A triangular shaped portion of land established at street intersections or intersections of driveways and streets in which nothing is erected, placed, planted or allowed to grow in such a manner as to limit or obstruct the sight distance of motorists entering or leaving the intersection.

SIGN Includes any device, either freestanding or attached to a building or structure or erected, painted or represented or reproduced upon or in (to the extent provided herein) any building or structure which displays, reproduces or includes any letter, word, name, number, model, insignia, emblem, design, device or representation used for one or more of the following purposes: to identify the premises or occupant or owner of the premises; to advertise any trade, business, profession, industry, service or other activity; to advertise any product or item; to advertise the sale or rental or use of all or part of the premises, including that upon which it is displayed; to direct vehicular or pedestrian traffic, other than state, county or municipal highway and roadway markers; and shall include any announcement, declaration, demonstration, display, illustration, insignia or any representation used to advertise or intended to advertise or promote the interests of any person. In no event shall the word "sign" be construed to mean any sign in the interior of any structure except as specifically set forth in this ordinance.

SIGN, ADVERTISING (BILLBOARD) An advertising sign is a sign which directs attention to an individual, business, product or service conducted, sold, leased or offered elsewhere than on the premises where the sign is located. For the purpose of this Ordinance, a billboard shall be considered an advertising sign.

SIGN, AREA OF The area of a sign is that area included within the frame or edge of the sign. Where the sign has no such frame or edge, the area shall be the minimum area which can be defined by an enclosed four (4) sided (straight side) geometric shape which most clearly outlines the said sign.

SIGN, AREA IDENTIFICATION A sign used to identify a common area containing a group of structures, or a single structure on a minimum site of five (5) acres, such as residential subdivisions, apartment complexes, industrial parks, mobile home parks, or shopping centers; located at the entrance or entrances of the area, and including but not limited to a fence, wall, archway, post or column, with the letters or symbols affixed thereto.

SIGN, BANNER A sign intended to be hung either with or without a frame, possessing characters, letters, illustrations, or ornamentations applied to paper, plastic, or fabric of any kind.

SIGN, BUSINESS A business sign is a sign used to identify either the trade, business, industry, or profession being conducted on the premises. Logo identification which is used to advertise a product, such as but not limited to "Coca Cola" or "We Sell Kodak Film", shall not be deemed to be a permitted business sign, except that personal logos, not to be used to advertise a product, shall be permitted.

SIGN, CLOSED A sign in which more than 50 percent of the entire area is solid or tightly enclosed or covered.

SIGN, DIRECTIONAL OR INFORMATIONAL A directional or informational sign is a non-advertising sign that directs attention to vehicular or pedestrian entrances or exits, parking areas, reserved parking spaces or similar site elements and is intended only for the safety and convenience of employees, patrons or visitors. No directional or informational sign shall exceed three square feet in area.

SIGN, FLAG A sign that is mounted on a freestanding pole or other support, made of cloth, canvas, fabric or like material designed or intended to advertise, identify or attract attention to a business organization, service or event. National flags are not considered "flag signs" and are not prohibited by this ordinance.

SIGN, FLASHING A flashing sign is an illuminated sign on which artificial or reflected light is not maintained stationary and constant in intensity and color at all times when in use.

SIGN, FREE-STANDING A free standing sign is a sign having not more than two display sides which is attached to or part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or structure whether portable or stationary.

SIGN, GROUND A sign supported by uprights or braces in or upon the ground surface.

SIGN, HEIGHT The height of a free-standing sign shall be measured from the ground surface beneath the sign to the highest point of the sign.

SIGN, ILLUMINATED Any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper.

SIGN, MARQUEE A sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street lot line.

SIGN, MOVING A moving sign is a sign which rotates or shifts, or appears to rotate or shift position.

SIGN, OPEN A sign in which at least 50 percent of the enclosed area is uncovered or open to the transmission of wind.

SIGN, POLITICAL A political sign is a sign containing a statement about or endorsement of, any public issue or candidate(s) for public office.

SIGN, PORTABLE A sign usually of a temporary nature, not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied forces by means of its geometry or character.

SIGN, PROJECTING A display sign which is attached directly to the building wall, and which extends more than six inches from the face of the wall.

SIGN, REAL ESTATE A real estate sign is a sign placed upon a property for the purpose of advertising to the public the sale or lease of the property placed thereon.

SIGN, ROOF A sign which is erected, constructed and maintained wholly upon or over the roof of the building, with the principal support on the roof structure.

SIGN. TEMPORARY A sign constructed of cloth, fabric or other lightweight temporary material with or without a structural frame intended for a limited period of display; including decoration displays for holidays or public demonstrations.

SIGN, WALL All flat signs of solid-face construction which are placed against a building or other structure and attached to the exterior front, rear or side wall of any building or other structure so that the display surface is parallel with the plane of the wall. Signs painted on an exterior or a wall shall be deemed to be a "wall sign" subject to this ordinance.

SITE Any plot or parcel of land or combination of contiguous lots or parcels of land.

SITE PLAN A development plan of one or more lots on which is shown (1) the existing and proposed condition of the lot, including but not necessarily limited to topography, vegetation, drainage, flood plains, marshes and waterways, (2) the location of all existing and proposed buildings, drives, parking spaces, landscaping, structures and signs, lighting, screening devices, and (3) any other information that may be reasonably required in order to make an informed determination.

SLOPE The degree of deviation of a surface from the horizontal, usually expressed in percent or degrees.

SMOKE Solid particles generated as a result of the incomplete combustion of materials containing carbon.

SOIL All unconsolidated mineral and organic material of whatever origin that overlies bedrock and can be readily excavated.

SOLAR ACCESS A property owner's right to have the sunlight shine on the owner's land.

STEEP SLOPE Land areas where the slope exceeds fifteen percent.

STORMWATER DETENTION Any storm drainage technique that retards or detains runoff, such as a detention or retention basin, porous pavement, dry wells or any combination thereof.

STORY That portion of a building included between the upper surface of a floor and upper surface of the floor or roof next above.

STORY, ABOVE GRADE Any story having its floor surface entirely above grade except that a basement shall be considered as a story above grade when the distance from grade to the finished surface of the floor above the basement is more than 6 feet (1829mm) for more than 50 percent of the total perimeter or more than 12 feet (3658mm) at any point.

STORY, HALF A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story.

STREET Any street, avenue, boulevard, road, parkway, viaduct, drive or other way which is an existing state, county or municipal roadway or which is shown upon a plat heretofore approved pursuant to law or which 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 of 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.

STREET LINE The dividing line between a street right-of-way and a lot.

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

SUBDIVISION "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 :(1) divisions of land found by the planning board or subdivision committee thereof appointed by the chairman to be for agricultural purposes where all resulting parcels are 5 acres or larger in size, (2) divisions of property by testamentary or interstate provisions, (3) divisions of property upon court order, including but not limited to judgments of foreclosure, (4) consolidation of existing lots by deed or other recorded instrument and (5) 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 "resubdivison."

SUBDIVISION, MAJOR Any subdivision not classified as a minor subdivision.

SUBDIVISION, MINOR A subdivision of land for the creation of a number of lots specifically permitted by ordinance as a minor subdivision 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 section 30 of the Municipal Land Use Law.

SUPERMARKET A retail establishment primarily selling food as well as other convenience and household goods.

SWIMMING POOL Any structure having a depth greater than two (2) feet and a water surface area in excess of two hundred fifty (250) square feet which is used for swimming, bathing or wading purposes.

TEMPORARY USE A use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.

TENNIS COURT An improved area used for playing tennis.

THEATER A building or part of a building devoted to showing motion pictures, or for dramatic, musical or live performances.

TOPOGRAPHY The configuration of a surface area showing relative elevations.

TOWER Any structure that is designed and constructed primary for the purpose of supporting one (1) or more antennas for telephone, radio and similar communication purposes including self-supporting lattices, towers, guyed towers or monopole towers. The term includes radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, alternative tower structures and the like. The term includes the structure and any support thereto.

TOWNHOUSE A building or structure designed for or occupied by no more than one (1) family or household and attached to other similar buildings or structures by not more than (2) party walls extending from the foundation to the roof and providing two (2) direct means of access from the outside. Furthermore, each such dwelling unit shall be provided with cooking, sleeping and sanitary facilities for the use of each family or household of the townhouse. For the purpose of this chapter, a townhouse may include a building or structure in a fee simple, condominium, cooperative or leasehold ownership or any combination thereof.

UNDEVELOPED OR UNIMPROVED LAND Land in its natural state before development.

UNIQUE NATURAL FEATURES That part of the natural environment which is rare or not duplicated in the community or region.

USE The specific purpose for which land or a building, structure or facilities is designed, arranged or intended or for which it is or may be occupied or maintained.

VARIANCE Permission to depart from the literal requirements of this zoning ordinance pursuant to the Municipal Land Use Law.

VEGETATIVE PROTECTION Stabilization of erosive or sediment producing areas by covering the soil with permanent or short-term seeding, mulching, or sodding.

WADING POOL An above-ground or in ground structure containing less than twenty-four inches of water.

WAREHOUSE A building used primarily for the storage of goods and materials.

WAREHOUSING Terminal facilities for handling and storing freight without the maintenance of vehicles.

WINDOW Includes any opening in the exterior wall or roof of any structure for the purpose of admitting air or light, whether or not covered with glass, plastic or other covering.

WINDOW SPACE Includes the aggregate square footage of all windows on any given story of any structure, regardless of the angle or angles at which they are set. In computing window space there shall be included all portions of any door which contains a window.

YARD An open space which lies between the principal or accessory building or buildings and the nearest lot line which is unoccupied and unobstructed from the ground upward except as herein permitted.

YARD, FRONT A yard extending across the full width of the lot between the front lot line and the principal building, unoccupied and unobstructed from the ground upward except as may be specified elsewhere in this chapter. The depth of the front yard shall be measured parallel to and at right angles to the front lot line.

YARD, REAR A yard extending across the full width of the lot and lying between the rear line of the lot and the nearest line of the principal building. The depth of the rear yard shall be measured parallel to and at right angles to the rear property line.

YARD, SIDE An open, unoccupied space between the side line of the lot and the nearest line of the principal building extending from the front to the rear yard. The width of the side yard shall be measured parallel to the side line of the lot.

ZERO LOT LINE The location of a building on a lot in such a manner that one or more of the buildings side rests directly on a lot line.

ZONE A specifically delineated area or district in a municipality within which regulations and requirements uniformly govern the use, placement, spacing and size of land and buildings.( See DISTRICT. )

ZONING The division of a municipality into districts and the establishment of regulations governing the use, placement, spacing and size of land and buildings.

ZONING BOARD The Board of Adjustment of the City of Hackensack as continued under this chapter.

ZONING MAP The Zoning Map of the City of Hackensack, New Jersey, prepared by Kasler Associates, P.A., dated May 10, 2005 together with all amendments subsequently adopted.

ZONING PERMIT A document signed by the Administrative Officer (1) which is required by this chapter as a condition precedent to the commencement of a use or the erection, construction, reconstruction, alteration, conversion, or installation of a structure of building, and (2) which acknowledges that such use, structure, building complies with the provisions of this chapter or variance there from duly authorized by the Planning Board, Board of Adjustment, or the governing body, as the case may be.