* This chapter shall be known and cited as the "Zoning Ordinance of the Township Of Wayne"

* As used in this chapter, the following terms shall have the meanings indicated

ACCESSORY BUILDING - A building, the use of which is customarily incidental to that of the main building and which is located on the same lot as that occupied by the main building,

ACCESSORY USE - A use, occupation or profession which

(1) Is customarily carried on in a Dwelling unit in the principal building and where the work therein shall involve principally the personal services only of the owner or occupant of the residence, and where the said office or studio shall be located on the first or street floor of the Dwelling and the area thereof shall be limited to not more than fifty percent (50%) of the first floor area

(2) Is clearly incidental and secondary to the use of the Dwelling unit for residential purposes

(3) Conforms to the following additional conditions

(a) The occupation or profession shall be carried on wholly within the principal building

(b) Said home occupation or profession, as said term is hereinafter defined in this section under the listing of 'home occupation or profession,' shall employ not more than three (3) persons, one (1) of whom may he a person who is not a member of the family

(c) There shall be no exterior display or exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building

(d) No offensive noise, vibration, smoke, dust, odors, heat or glare shall be produced

(e) One (1) customary professional or announcement sign shall be permitted of not over two (2) square feet in area if attached to the main wall of the Dwelling, provided that no such sign shall be illuminated, or of not over one (1) square foot in area if mounted on a lamppost provided that such lamppost is set back from the front property line at least five (5) feet

ACT - The Fair Housing Act of 1985, c 222 (N.J.S.A 52 27D-301 et seq) [Added 12-16-1992 by Ord. No. 75-1992]

AFFORDABLE - A sales price or rent within the means of a low or moderate-income household as defined in N.J.A.C 5 92-12, Controls on Affordability

ADULT BOOKSTORE - A person, establishment or business, whether retail or wholesale, having more than twenty-five percent (25%) of its stock-in-trade, recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas, as hereinafter defined (Added 8-24-1994 by Ord. No. 66-1994]

ADULT MOTION-PICTURE THEATER - An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or specific anatomical areas as hereinafter defined for observation by patrons [Added 8-24-1994 by Ord. No 66-1994]

ADULT ENTERTAINMENT CABARET - [Added 8-24-1994 by Ord. No. 66-1994] - A public or private establishment, including but not limited to a nightclub, bar, restaurant, club or other commercial establishment, which permits, presents, suffers or allows any of the following

(1) Persons who appear in a state of nudity for entertainment

(2) Live performances which are characterized by the exposure of specific anatomical areas or by specific sexual activities, including

(a) Specific anatomical areas

[1] Human genitals, pubic region

[2] Buttocks

[3] Female breasts below a point immediately above the areola.

(b) Specific sexual activities

[1] Human genitals in a state of sexual stimulation or arousal.

[2] Acts of human sexual intercourse

[3] Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.

[4] Actual or simulated sexual acts.

ALTERATION OF BUILDING - Any change in supporting members of a building, except such change as may be required for its safety, any addition to a building-, any change in use from one district classification to another, or removal of a building from one location to another

ANTENNA [Added 6-21-1995 by Ord. No 15-1995] Any device specifically designed for the reception or transmission, or both, of microwave radio frequency signals

(1) ANTENNA SUPPORT - Any mechanical or structural elements whose specific purpose is to support and maintain an antenna at an elevated point

(2) COMMERCIAL ANTENNAE - Any combination of antenna support, accessory structures and buildings and antennae designed in whole or in part for the reception and/or transmission of radio frequency energy as a part of a licensed radio, television or microwave facility employed for commercial use, including cellular telephone antennae 'Commercial antennae' shall include such services as are employed by nonprofit or religious stations not licensed under the amateur or CB regulations of the Federal Communications Commissions

(3) HEIGHT- The 'height' of any antenna, when required to he measured from ground level, shall be measured from the mean grade of the surrounding terrain to a radius of fifty (50) feet and up to and including the highest point of the antenna or antenna support, whichever is more elevated 'Height' from ground level shall be measured from mean surface grade ground level regardless of whether or not the antenna support is mounted on an existing structure or extends to ground level. Height, when required to be measured from the roofline, shall he measured from the exterior surface of the roof covering the top floor of the building, but shall not include any penthouse, structure or enclosure, utilized solely for the housing of heating, ventilating, air-conditioning, elevator or other utility facilities [Amended 5-15-1996 by Ord No 44-1996]

(4) FCC APPLICATION - Includes any application or other request to the Federal Communications Commission for a license, certificate, waiver, special temporary authorization or any other instrument of authorization issued by the FCC pursuant to Title I and/or Title II of the Communications Act of 1934

(5) FCC FILING - Includes any application, including all attachments, exhibits, appendices, memoranda, amendments, supplements and comments, correspondence (addressed to the Commission, individual comments or objections of other parties, including but not limited to informal objections, petitions to deny, proposed findings of fact, conclusions of law and briefs on appeal), initial decisions of administrative law judges, decision of Commission, notices of appeal, briefs (including other documents on appeal) and all other matters

(6) PERSONAL COMMUNICATIONS ANTENNA An antenna used exclusively for the reception and transmission of radio frequency signals by an individual or association licensed under 47 CFR, Part 95 (Citizens Band), of the regulations issued by the FCC or any amendments, revisions or substitutions resulting therefrom

(7) RADIATING ELEMENT - The part of an antenna which is connected to the transmission line and directly radiates electromagnetic energy into space

ATTIC : That part of a building that is immediately below and wholly or partly within the roof framing.

**Webmasters Note: The previous defintion has been added as per Ordinance No. 45-2006

BLOCK - The length of a street between two (2) street intersections or a distance of one thousand (1,000) feet from the nearest street intersection

BUFFER AREA - A strip of land which separates commercial, office or industrial-type districts from adjoining residential districts so as to allow adequate screening of view, noise or activity taking place within these districts from adjoining residences Within any such "buffer area," no buildings, structures, driveways parking or loading areas or other use of the land shall be permitted [Added 5-17-1967 by Ord No. 1-1967]

BUILDING - Any structure built for the support shelter or enclosure of persons, animals, chattels fixtures or movable property of an), kind and which is permanently affixed to the land [Added 5-17-1967 by Ord. No. 1-1967, amended 3-5-1969 by Ord. No 14-1969]

CELLAR : A space having less than one-half of its floor-to-ceiling height above the averaged finished grade of the adjoining ground or with a floor-to-ceiling height of less than seven feet where such space is intended primarily for storage and is not used for habitation.

**Webmasters Note: The previous definiton has been added as per Ordinance No. 45-2006

CENTER LINE OF STREET - A line midway between and parallel to the two (2) street or property lines

CLUBHOUSE - A building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place

COGENERATION FACILITY - Equipment consisting of oil or gas-fired internal-combustion engines (said term not to include diesel engines) used to produce electric energy and forms of thermal energy, such as heat or steam, which are used for industrial, commercial heating or cooling purposes, through the sequential use of energy (Added 8-20-1980 by Ord No 69-1980]

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 such complementary structures and improvements as are necessary and appropriate for me use or enjoyment of residents and owners of the development [Added 12-2-1992 by Ord. No. 70-1992]

CONSERVATION EASEMENT - An easement restriction placed on a lot or portion of a lot or land assuring that said land will remain in its natural state No structures shall be permitted to be constructed on or occupy the area The areas may be used for passive recreation only [Added 12-2-1992 by Ord. No. 70-1992]

CONTINUING CARE RETIREMENT COMMUNITY OR CCRC - An age-restricted facility consisting of a mix of independent living units and/or "assisted living units," defined as either residential health-care facility units or boardinghouse Class C units, and related social, recreational and dining facilities and a health-care center which may include an outpatient clinic, therapy areas, the assisted living units and the long-term care facility The "CCRC" shall include a long-term care facility The units may be condominiums, cooperatives, an endowment and monthly service fee facility or rentals [Added 5-5-1993 by Ord. No. 29-1993]

CORNER LOT - Any lot which occupies the interior angle of the intersection of two (2) street lines which make an angle of less than one hundred thirty-five degrees (135 ) with each other, the owner of a "corner lot" having the privilege of specifying which street line shall be deemed the front line and being required, when requesting a building permit, to so specify

COUNCIL OR COAH - The New Jersey Council on Affordable Housing established under the Act and which has primary jurisdiction for the administration of housing obligations in accordance with sound regional planning considerations in this state [Added 12-16-1992 by Ord. No. 75-1992]

COURT - An unoccupied open space other than a yard An "outer court" is one which extends to the street or to the front or rear yard An "inner court" is any other "court"

ENVIRONMENTAL CONSTRAINTS - Features, natural resources or land characteristics that are sensitive to improvements and may require conservation measures or the application of creative development techniques to prevent degradation of the environment or may require limited development or in certain instances may preclude development [Added 12-2-1992 by Ord. No. 70-1992]

FAIR SHARE HOUSING PLAN - That plan or proposal which is in a form that may readily be converted into an ordinance, by which the Township of Wayne proposes to satisfy its obligation to create a realistic opportunity to meet its fair share of the low and moderate-income housing needs of its region and which details the affirmative measures the township proposes to under-take to achieve its fair share of low and moderate-income housing, as provided in Sections 9 and 14 of the Act' [Added 12-16-1992 by Ord. No. 75-1992]

FAMILY - One (1) or more persons living together as a single nonprofit housekeeping unit whose relationship is of a permanent and domestic character, as distinguished from fraternities, sororities, societies, clubs and associations Nothing herein contained shall be deemed to interfere with or restrict the placement of children in a group home pursuant to N.J.S.A 40 55D-66 or any other use of single-family Dwelling protected by state statute "Family" shall not include commercial residences, nonfamiliar institutional uses, boarding homes and other such occupancies [Amended 3-17-1982 by Ord. No. 12-1982]

FLOOR AREA RATIO : The ratio of the gross floor area to the lot area.

**Webmasters Note: The previous definition has been added as per Ordinance No. 45-2006

FRONT STREET - Any street upon which the majority of lots within a block are fronted or any street so designated by the Municipal Council

FRONT STREET BUILDING LINE - The line to which the principal building must conform in its setback from the front street line

FRONT YARD - Space between the building line or front main wall of a building and the front property line

GROSS DENSITY - The total number of Dwelling units existing or permitted on a housing site divided by the total area of the tract The result is expressed as Dwelling units per acre [Added 12-16-1992 by Ord. No. 75-1992]

GROSS FLOOR AREA : As applied to detached single family dwelling units, all floor areas of the principal residential building, including but not limited to habitable basements, cellars or attics, but excluding open porches, cellars, crawl spaces, unenclosed decks, breezeways, imaginary/intermediate floor levels below cathedral ceilings, garages and any non-inhabitable areas. A non-inhabitable area shall be one that does not have direct walk-in access and a maximum ceiling height of seven (7) feet over an area (room) of at least 70 square feet. As applied to commercial structures gross floor area shall include all useable floor area including stairwells, lavatories and utility spaces with the exception that cellar area below grade used exclusively for storage shall not be included within the calculation

HABITABLE ATTIC SPACE : attic space that has a stairway as a means of access and egress and in which the ceiling area at a height of seven feet above the attic floor is not more than one-third of the new floor below. Habitable Attic Space is served by a heating system and includes but is not limited to space used for living, sleeping, eating or cooking, as well as bathrooms and toilet rooms. Unheated storage and utility spaces are not considered Habitable Attic Space.

HABITABLE BASEMENT : A space having one-half or more of its floor-to-ceiling height above the average level of the adjoining ground of at least four feet and with a floor-to-ceiling height of not less than seven (7) feet.

**Webmasters Note: The previous definitions has been added as per Ordinance No. 45-2006

HEIGHT OF BUILDING - The vertical distance measured from the average ground level at the sides of the building to the extreme high point of the building, exclusive of chimneys and similar fixtures

HELIPORT - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose Such area may include passenger and cargo facilities, maintenance and overhaul facilities, fueling service, storage space, tie-down spaces, hangars and other accessory buildings

HELISTOP - An area of defined dimensions designated for the occasional landing and takeoff of helicopters but not used solely for that purpose (Examples parking lots, golf courses, parks, recreational athletic field, etc )

HELISTOP, PRIVATE - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose Such area shall be limited to the operation of helicopters which are owned or controlled by the owner or the occupant of the premises or by guests or patrons of such owner-occupant Such area may not include any refueling, maintenance, repair or hangar facilities, except that a tie-down area may be provided for and limited to the accommodation of a single aircraft

HELISTOP, PUBLIC - An area of defined dimensions designated for the landing and takeoff of helicopters and used solely for that purpose Such area shall be open to use by any helicopter regardless of ownership and control Such area may not include any refueling, maintenance, repair or hangar facilities, except that a tie-down area may be provided for and limited to a single aircraft

HOME OCCUPATION OR PROFESSION (referred to under the definition of "accessory use") Includes the office or studio of a resident physician, surgeon, dentist, lawyer, architect, engineer, professional artist, accountant, real estate agent, insurance broker or similar professional person as hereinafter restricted in this definition, also, day-care operation for not more than five (5) preschool children, individual dancing instructions, individual instrumental instructions or individual voice instructions, and also the office of a tradesman whose field of activity is entirely away from home, including building contractors, and others The handling or storage of materials on such premises shall not be an accepted use. "Home occupation or profession," referred to under the definition of "accessory use," shall not include or be deemed to include the office of a person professionally engaged in the purchase, manufacture or sale of goods kept or displayed on the premises tearooms, tourist lodges, boarding or lodging houses, beauty parlors, barbershops; hairdressing and manicuring establishments, restaurants, commercial stables and kennels, veterinarian offices, convalescent homes, mortuary establishments, and stores, trades, hobby shops or businesses of any kind not herein excepted Notwithstanding anything to the contrary in this definition, the home professional office of a physician shall not include a biological or other medical testing laboratory [Amended 3-2-1966 by Ord. No. 5-1966; 3-20-1974 by Ord. No. 31-1974]

HOSPITAL - An institution providing health services primarily for human inpatient medical or surgical care for the sick or injured, and including related facilities such as laboratories, outpatient departments, training facilities, central services facilities and staff offices that are an integral part of the facilities [Added 5-5-1993 by Ord. No. 29-1993]

HOTEL - A series of attached, semiattached or detached Dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for a consideration, to tourists, transients and travelers, and held out to the public as accommodations by the day, week or month Wherever in this chapter the word "hotel" appears and restrictions are set forth to apply to the use of land for the operation of a "hotel," it shall be considered synonymous with the word "motel," and the same restrictions and requirements shall apply to the construction and operation of a motel

HOUSING ELEMENT - That portion of Wayne Township's Master Plan, consisting of reports, statements, proposals, maps, diagrams and text, designed to meet the township's fair share of its region's present and prospective housing needs, particularly with regard to low and moderate-income housing, as further described and defined by N.J.A.C 5 92-14 [Added 12-16-1992 by Ord. No. 75-1992]

IMPERVIOUS COVERAGE : That percentage of the plot or lot area covered by all impervious surfaces including, but not limited to, buildings and structures, parking areas, driveways, tennis courts, patios, decks, swimming pools, walkways and retention and detention basins. Surfaces such as laid stones, slate or timber with open joints, shall constitute 50 percent of impervious surface coverage. Surfaces such as gravel, loose stones, special paver stones with voids for grass, and timber decks with open joints shall constitute 25 percent impervious surface coverage.

**Webmasters Note: The previous definition has been added as per Ordinance No. 45-2006

INCLUSIONARY DEVELOPMENT - A residential housing development in which a substantial percentage of the housing is provided for a reasonable income range of low and moderate-income households The term may also mean housing developments comprised completely of low and moderate-income units [Added 12-16-1992 by Ord. No. 75-1992]

LIVING FLOOR SPACE - Floor space used for general living purposes, measured from the wall exteriors Attic space with a ceiling height of seven (7) feet of more and sloping to a height at the eaves of not less than four (4) feet from the floor to the underside of the rafters may be counted as "living floor space," except that such attic space shall not be counted or used as living space for garden apartments constructed in accordance with the provisions of Article VIII The floor of a basement or cellar, garage, porch or similar part of or attachment to a Dwelling, and areas used for public halls or stairways in multifamily dwellings shall not be counted as "living floor space "

LOT - A unit of land subdivision, as shown on the Wayne Township Assessment Map, occupied by or which may be occupied by a building and accessory building and including yards or other open spaces required by this chapter

LOW-INCOME HOUSING - Housing that is affordable according to the United States Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to fifty percent (50%) or less of the median gross household income for households of the same size within the housing region in which the housing is located and that is subject to affordability controls [Added 12-16-1992 by Ord. No. 75-1992]

MASSAGE PARLOR - An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or similar treatment or manipulation of the human body is administered by an individual who is not a medical practitioner, chiropractor, acupuncturist, physical therapist or similar professional person licensed by the state This definition does not include an athletic club, health club, school, gymnasium, reducing salon, spa or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service [Amended 8-24-1994 by Ord. No. 66-1994]

MODERATE-INCOME HOUSING - Housing that is affordable according to the United States Department of Housing and Urban Development or other recognized standards for home ownership and rental costs and occupied or reserved for occupancy by households with a gross household income equal to or more than fifty percent (50%) but less than eighty percent (80%) of the median gross household income for households of the same size within the housing region in which the housing is located and that is subject to affordability controls [Added 12-16-1992 by Ord. No. 75-1992]

MOTEL - A series of attached, semiattached or detached Dwelling units operated as a single business, containing individual sleeping or living units with bathrooms and closet space, with or without kitchens, designed for or used to provide housing accommodations, for a consideration, to tourists, transients and travelers, and held out to the public as accommodations by the day, week or month Wherever in this chapter the word .motel' appears and restrictions are set forth to apply to the use of land for the operation of a 'motel,' it shall be considered synonymous with the word 'hotel' and the same restrictions and requirements shall apply to the construction and operation of a hotel

MULTIFAMILY UNIT - A structure containing two (2) or more Dwelling units [Added 12-16-1992 by Ord. No. 75-1992]

MULTIPLE-FAMILY DWELLING - Any building under a single roof, with or without fire wall partitions, designed for occupancy by two (2) or more households living as families

NURSERY SCHOOL OR DAY NURSERY - A day-care operation or school for more than five (5) pre-school-age children [Added 3-2-1966 by Ord. No. 5-1966]

NURSING HOMES - Any institution, whether operated for profit or not, which maintains and operates facilities for extended medical and nursing treatment or care for two (2) or more nonrelated individuals who are suffering from acute or chronic illness or injury, or are crippled, convalescent or infirm, and are in need of such treatment or care on a continuing basis 'Infirm" is construed to mean that an individual is in need of assistance in bathing, dressing or some type of supervision, but not primarily designed to serve the mentally ill or those suffering from a communicable or contagious disease or those addicted to narcotics or addicted to alcohol [Added 5-5-1993 by Ord. No. 29-1993]

OPEN PORCH OR STEPS - A porch or steps with a fixed roof no larger than six (6) feet wide by four (4) feet deep and with no sidewall other than the wall of the structure to which it is attached

PEEP SHOWS - A theater which presents material in the form of live shows, films or videotapes, viewed from an individual enclosure, for which a fee is charged, depicting, describing or relating to specific sexual activities or specific anatomical areas for observation by patrons (Added 8-24-1994 by Ord. No. 66-1994]

PLACE OF WORSHIP - A building, including a temple, church, mosque or other place of religious worship, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by an organized religious body [Added 8-24-1994 by Ord. No. 65-1994]

PLOT - Land consisting of two (2) or more contiguous lots or tracts shown on the records of Passaic County and under the same ownership

PRIVATE CONSERVATION OPEN SPACE - An open space (land area) within a development site lot or part of a lot within a development, which area shall be left in its natural state and may be used for passive recreation only [Added 12-2-1992 by Ord. No. 70-1992]

PRIVATE GARAGE - A garage not conducted as a business and used to house not more than three (3) vehicles, including not more than one (1) commercial vehicle

PRIVATE SCHOOL - A duly organized school, other than a public school or a parochial school, giving regular instructions, in subjects ordinarily taught in public schools, at least five (5) days a week for eight (8) or more months a year A nursery school shall not be deemed a .private school' [Added 3-2-1966 by Ord. No. 5-1966]

PUBLIC GARAGE - A garage conducted as a business The rental of storage space for one (1) commercial vehicle or for more than two (2) pleasure vehicles not owned by a person or persons residing on the premises shall be deemed a business use

PUBLIC 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 arid other improvements that are designed to be incidental to the natural openness of the land [Added 12-2-1992 by Ord. No. 70-1992]

QUARRY AND/OR QUARRY OPERATION - An open excavation where the works are visible at the surface a place or pit where stone, slate, marble, etc, is dug out or separated from a mass of rock. ]Added 6-16-1982 by Ord. No 36-1982]

REAR YARD - An open space on the same lot with a building between the rear wall of the building and the rear line of the lot and unoccupied except for accessory buildings and open porches which, in the aggregate shall occupy not more than thirty-five percent (35%) of the area

RESTRICTED - Restricted for occupancy by a class of individuals by virtue of legally enforceable conditions contained within a deed or other duly recorded document [Added 12-16-1992 by Ord No. 75-1992]

SATELLITE DISH - Any apparatus with a flat or parabolic surface which is designed for the purpose of receiving television, radio, microwave, satellite or similar electronic signals A "satellite dish" shall be deemed to be an accessory structure [Added 6-19-1985 by Ord. No. 30-1985]

SEMI FIREPROOF CONSTRUCTION - That in which the structural members are of approved noncombustible construction having the necessary strength and stability and fire-resistance ratings of not less than four (4) hours for exterior nonbearing walls and wall panels, not less than three (3) hours for columns and for wall-supporting girders and trusses and not less than two (2) hours for floors, for roofs and for floors and floor-supporting beams, girders and trusses, and in which the exterior and interior bearing walls, if any, are of approved masonry or reinforced concrete

SET-ASIDE - The percentage of housing units devoted to low and moderate-income households within an inclusionary development [Added 12-16-1992 by Ord. No. 75-1992]

SETBACK - The distance from the nearest part of the building [excluding an open porch or steps and overhanging eaves of not more than two (2) feet] to the nearest part of the front property line

SIDE YARD - An open unobstructed space on the same lot with a building, between the building and the side line of the lot and extending through from the front to the rear yard, into which space there is no extension of building parts other than eaves with an overhang of not more than two (2) feet, rainwater leaders, windowsills and other such fixtures, bay windows not more than two (2) feet deep and ten (10) feet wide and open steps for a distance not to exceed four (4) feet

SIGN - Any structure, either on its own supports or attached to another structure or vehicle, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as or which is in the nature of an announcement, direction or advertisement The word "sign" includes the word "billboard," but does not include the flag, pennant or insignia of any nation, state, city or other political unit or of any political, educational, charitable, philanthropic, civic, religious or like campaign, drive, movement or event

SINGLE-FAMILY DWELLING - A detached house, equipped with cooking facilities for and design for the use of a single household, including one (1) or more people living as a family.

**Webmasters Note: The previous definition has been amended as per Ordinance No. 20-2005.

STORY : That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it and including habitable basement space and attic space

**Webmasters Note: The previous definition has been amended as per Ordinance No. 45-2006

STORY, HALF : A space under a sloping roof that has the line of intersection of the roof and wall face not more than three feet above the floor level and in which space the possible floor area and head room of five feet or less occupies at least 50 percent of the floor area of the story directly beneath

**Webmasters Note: The previous definiton has been added as per Ordinance No. 45-2006

STREET LINE OR ROAD LINE - The right-of-way line of a street, road or other public thoroughfare, publicly or privately owned, as shown on the records of Passaic County or as otherwise legally established

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

**Webmasters Note: The previous definition has been added as per Ordinance No. 33-2003.

TEMPORARY SIGN -- A sign, banner, pennant, poster, advertisement, bill, placard, or streamer displayed for the purpose of conveying information, expressing an opinion or publicizing an event which is rendered moot or otherwise loses its informational quality by the passing of an event which is the subject matter of such sign, poster, advertisement, bill, placard or streamer.

**Webmasters Note: The previous definition has been added as per Ordinance No. 23-2003.

TEMPORARY STRUCTURE - A structure without any foundation or footings and that is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased including but not limited to tents and accessory sheds 100 square feet or less.

**Webmasters Note: The previous definition has been added as per Ordinance No. 33-2003.

WIDTH OF LOT - The distance between the property side lines, measured at the building setback line as herein or otherwise established