For the purposes of this chapter, certain words
and phrases shall have certain meanings, which for words of the singular
number shall include the plural number, and vice versa, for words
of the female gender shall include the male gender and vice versa,
and for words in the present tense shall include the future tense.
For the purposes of this chapter, the term “shall”
indicates a mandatory requirement, and the term “may”
indicates a permissive action.
For the purposes of this chapter, the meaning
of words and phrases as defined in the Municipal Land Use Law shall
have the meaning as defined therein, unless expressly defined to the
contrary in this chapter.
For the purposes of this chapter, the following
words and phrases shall have the following definitions:
ACCESSORY BUILDING OR STRUCTURE
A building or structure which requires a footing and which
is customarily associated with and is subordinate and incidental to
a principal building or structure, and which is located on the same
tax lot therewith, including but not limited to garages, carports,
doghouses, sheds, freestanding air-conditioning units, nonportable
swimming pools, tennis courts, and other similar structures. Any accessory
building or structure attached to the principal building or structure
shall be considered part of that principal building or structure.
[Amended 4-27-2004 by Ord. No. 12-2004]
ACCESSORY DWELLING UNIT
A single bedroom and associated living area, kitchen and
bathroom facilities within an accessory building or structure in a
downtown zoning district on a lot for which residential is an allowable
use.
[Added 6-10-2008 by Ord. No. 2008-13]
ACCESSORY USE
A use of land or of a structure or portion thereof that is
incidental and subordinate and customarily supportive of and to the
principal use of the land or structure and located on the same lot
with such principal use.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
ADA
Americans With Disabilities Act. Signed into law on July
26, 1990, the Americans with Disabilities Act is a wide-ranging legislation
intended to make American society more accessible to people with disabilities.
[Added 6-10-2008 by Ord. No. 2008-13]
ADMINISTRATIVE OFFICER
The Zoning Officer of the Borough of Haddonfield, or such
other municipal official as may hereafter be designated by ordinance,
who shall exercise all of the duties, responsibilities and authority
granted to the Administrative Officer by the Municipal Land Use Law.
APARTMENT BUILDING
A building type consisting of one or more rooms with private
bath and kitchen facilities comprising an independent, self-contained
dwelling unit in a building comprising three or more such units that
may also contain commercial and accessory uses as permitted by the
use regulations of this chapter.
[Added 12-17-2019 by Ord.
No. 2019-20]
APPLICANT
The landowner or any other person holding an option or contract
to purchase, or any other person authorized in writing to act for
any of the foregoing persons in submitting an application under this
chapter.
APPLICATION FOR DEVELOPMENT
The application form or appeal form, and all accompanying
documents required by this chapter or state law to be submitted for
review of a subdivision plat, site plan, conditional use, zoning variance,
Historic District certificate of appropriateness, or direction for
issuance of a permit pursuant to the Municipal Land Use Law.
APPROVING AUTHORITY
The Planning Board of the Borough of Haddonfield or the Zoning
Board of Adjustment of the Borough of Haddonfield, unless some other
agency is designated by state, federal or local law.
ARCADE
A series of piers topped by arches that support a permanent
roof over a sidewalk. It is also the space contiguous to the pedestrian
realm separated by those columns. The space is open to the public
and serves as an entrance into a building.
[Added 6-10-2008 by Ord. No. 2008-13]
AWNING
A nonpermanent roof-like structure supported by a frame that
projects out from a facade over windows and doors.
[Added 6-10-2008 by Ord. No. 2008-13]
BALCONY
An open portion of an upper floor that extends beyond a building's
exterior wall and is not supported from below by vertical columns
or piers.
[Added 6-10-2008 by Ord. No. 2008-13]
BASEMENT
An interior space, or portion thereof, having a floor level
below the average finished grade at the foundation wall of the building
or structure in which it is contained, and having a floor to ceiling
height of not less than 6.5 feet. A basement shall be considered as
a story where the top of the foundation or exterior basement wall
is:
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; amended 5-14-2019 by Ord. No. 2019-05]
A.
More than three feet above the average grade (existing or finished),
determined by measuring the elevation at every corner of the building
and at the midpoints between all of the corners, adding the elevations
and dividing that sum by the number of measurements; or
B.
More than three feet above the finished grade for 50% or more
of the total building perimeter; or
C.
More than 10 feet above the finished grade at any point.
BAY WINDOW
A window that projects beyond the exterior wall of a building.
[Added 6-10-2008 by Ord. No. 2008-13]
BEDROOM
A room planned and used primarily for sleeping, separable
from other rooms by a door, and accessible to a bathroom without going
through another bedroom.
BLOCK
An area that can be comprised of parcels and alleys, and
that is surrounded by rights-of-way on all sides.
[Added 6-10-2008 by Ord. No. 2008-13]
BLOCKFACE
Those properties having frontage and property addresses on
the same side and section of the street between a pair of cross streets.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
BOROUGH
The Borough of Haddonfield, in the County of Camden and State
of New Jersey.
BUILDING
A structure or extension thereof or addition thereto having
a roof supported by such things as columns, posts, piers or walls,
and intended for the shelter, housing or enclosing of persons, animals
or property.
BUILDING FOOTPRINT
The area within the perimeter of a building, typically measured
at the foundation.
[Added 6-10-2008 by Ord. No. 2008-13]
BUILDING TYPE
A downtown zoning district category of structure that is
determined by a building's height, scale, use, and location of the
building on its lot.
[Added 6-10-2008 by Ord. No. 2008-13]
BUSINESS OFFICE
The office of any legal enterprise, which is identified by
a legal exterior sign, employees, personnel who must come to the business,
etc., but excluding retail uses, professional uses, personal service
uses, and banks.
CIVIC BUILDING
A building type in a downtown zoning district that contains
public or civic uses of special significance to residents, employees,
or visitors. Civic buildings are used for the following purposes:
community services, day care, education, government, places of worship,
or social services. Civic buildings do not include retail buildings,
residential buildings, or buildings with private offices.
[Added 6-10-2008 by Ord. No. 2008-13]
CIVIC USE
Use of a lot, building, or structure by a house of worship,
library, school, or municipal use.
[Added 6-10-2008 by Ord. No. 2008-13]
COLONNADE
Similar to an arcade but supported by vertical columns without
arches.
[Added 6-10-2008 by Ord. No. 2008-13]
COMMERCIAL USE
A category of uses that includes retail uses, but excludes
personal services, Types I, II and III (as defined herein), offices
and residential uses.
[Added 6-10-2008 by Ord. No. 2008-13; amended 11-7-2012 by Ord. No.
2012-16; 1-12-2016 by Ord. No. 2015-13]
COMMON PROPERTY
A parcel or parcels of land, or an area of water, or a combination
thereof, together with the improvements thereon, intended for the
ownership, use and enjoyment of the owners and residents of a development.
Common property may contain such accessory structures and improvements
as are necessary for the use or enjoyment of the owners and residents
of a development.
COMPLETE APPLICATION
An application form completed as specified by this chapter
and the rules and regulations of the Borough of Haddonfield and all
accompanying documents required by this chapter for review of the
application for development, including where applicable, but not limited
to, a site plan or subdivision plat, provided that the municipal agency
may require such additional information not specified in this chapter
or revisions to 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.
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 specified in this chapter.
CONSTRUCTION CODE OFFICIAL
The Construction Code Official of the Borough of Haddonfield,
or such other individual designated by the Board of Commissioners.
[Amended 4-27-2004 by Ord. No. 12-2004]
CORNER BUILDING
A building in a downtown zoning district constructed on the
corner of a block to hold the spatial definition of an intersection.
That design technique is often referred to as "holding the corner."
[Added 6-10-2008 by Ord. No. 2008-13]
CORNER LOT LINE
The property line of a corner lot along the secondary street.
[Added 6-10-2008 by Ord. No. 2008-13]
CORNICE
A traditional architectural feature with horizontal molding
projecting from the facade.
[Added 6-10-2008 by Ord. No. 2008-13]
CORNICE LINE
A prominent, continuous, horizontally projecting feature
surmounting a building's front facade, dividing it horizontally for
compositional purposes.
[Added 6-10-2008 by Ord. No. 2008-13]
COTTAGE HOUSE
A building type in a downtown zoning district that is a variant
of the single-family detached house building type, with a lower allowable
height and smaller side and front setbacks. It is intended for smaller
lots.
[Added 6-10-2008 by Ord. No. 2008-13]
COURTYARD
An outdoor area that is enclosed by a building on at least
three sides and is open to the sky.
[Added 6-10-2008 by Ord. No. 2008-13]
COURTYARD BUILDING
A building type in a downtown zoning district with multiple
dwellings that are arranged around and fronting on a central garden
or courtyard that may be partially or wholly open to the street.
[Added 6-10-2008 by Ord. No. 2008-13]
COVERAGE, BUILDING
The square footage or other area measurement by which all
buildings occupy a lot as measured in a horizontal plane around the
periphery of the facades and including the area under the roof of
any structure supported by columns, but not having walls, as measured
around the outside of the outermost extremities of the roof above
the columns and including decks and open porches.
COVERAGE, IMPERVIOUS (replaces “coverage, hard surface”
here and anywhere else in this chapter where appropriate)
The square footage or other area measurement upon a lot as
measured in a horizontal plane to include all buildings, parking lots,
patios, driveways, sidewalks, walkways, stairs, chimneys, pools, decks,
and other inorganic impervious surfaces that are highly resistant
to infiltration by water, regardless of void ratios.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 3-9-2021 by Ord. No. 2021-02]
CROSSWALK
A path clearly delineated on a street to indicate where pedestrians
should cross.
[Added 6-10-2008 by Ord. No. 2008-13]
CURB CUT
A break in the curbline and sidewalk for means of ingress
or egress of motor vehicles.
[Added 6-10-2008 by Ord. No. 2008-13]
DEVELOPMENT
The division of a parcel of land into two or more parcels,
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, the
change in any site conditions, or the use or change in use of any
building, structure or lot for which approval may be required under
this chapter.
DISH ANTENNAS
A dish-type antenna is defined as a saucer or circular-shaped
antenna functioning as an antenna for reception of television programming.
Such objects are also known as satellite dishes, earth stations, and
home video earth stations.
DISPLAY WINDOWS
Windows on the ground story of a building that allow visibility
into and out of a retail space and are used for retail display.
[Added 6-10-2008 by Ord. No. 2008-13]
DOWNTOWN AREA
The area of Haddonfield that is delineated on the Downtown
Zoning District Map and similarly referenced in the Borough Master
Plan.
[Added 6-10-2008 by Ord. No. 2008-13]
DRAINAGE OR UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of
stormwater and sanitary sewers, water pipes or drainage ditches and
other utilities, 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.
DWELLING UNIT
A room or series of connected rooms used for permanent or
temporary residency and containing living, sleeping and sanitary facilities
for one family. The dwelling unit shall be self-contained and shall
not require the resident or occupant to move from one portion of the
dwelling unit to another portion thereof by use of exterior stairs
or routes. A dwelling unit shall not share any interior facilities
with another dwelling unit.
DWELLING UNIT, TOWNHOUSE
A dwelling unit that is one of a series of dwelling units
which is attached by a common fireproof and sound-resistant wall (which
wall shall start at the lowest footing line and go to the underside
of the highest roof sheathing or higher) to one or more similar adjacent
dwelling units. For downtown zoning districts, the common wall between
townhouses must align with the lot line between properties.
[Amended 6-10-2008 by Ord. No. 2008-13]
EASEMENT
A use or burden imposed on real property to permit a specific
use of land by anyone other than the landowner.
EAVE HEIGHT
The height of a building, as measured from grade to the eave
line or the lowest point of the primary roof structure.
[Added 6-10-2008 by Ord. No. 2008-13]
EAVE LINE
For a pitched roof, the lowest point of the primary roof
structure.
[Added 6-10-2008 by Ord. No. 2008-13]
ENCROACHMENT
Any structural element that breaks the plane of a vertical
or horizontal regulatory limit, extending beyond a front yard setback
line, rear yard setback line, side yard setback line, or into the
public right-of-way.
[Added 6-10-2008 by Ord. No. 2008-13]
EXPRESSION LINE
A traditional architectural feature (such as a decorative
linear element, horizontal or vertical) on the exterior of a building
that typically delineates the floors or bays of a building. Use of
this element impacts the perceived scale of a building by dividing
it into more human-scaled pieces.
[Added 6-10-2008 by Ord. No. 2008-13]
FACADE
The exterior face (front, rear or side elevations) of a building,
including but not limited to, the walls, windows, window sills, doorways
and such other traditional design elements, including but not limited
to horizontal lines, cornices and parapets.
[Added 6-10-2008 by Ord.
No. 2008-13; amended 5-14-2019 by Ord. No. 2019-05]
FAMILY
One or more persons occupying a dwelling unit as a single
housekeeping unit, who are living together as a permanent living unit.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
FENCE
An artificially constructed barrier of any nonliving material
or combination of such materials erected to enclose, screen or separate
areas of land.
FLEX BUILDING
A multistory building type in a downtown zoning district
with multiple dwellings or offices in upper stories and retail or
office uses on the ground floor. Often, these buildings have common
walls on one or both side lot lines.
[Added 6-10-2008 by Ord. No. 2008-13]
FLOODPLAIN
The relatively flat area adjoining a river or water course
which has been or may be covered by floodwater, including the following
components:
FLOODWAY
The river or watercourse and the adjacent land area that
must be reserved in order to discharge the design flood without cumulatively
increasing the water surface elevation more than one foot.
FLOOD HAZARD AREA
Land in the floodplain subject to a one-percent or greater
chance of flood in any given year.
FLOOR AREA
The entire enclosed floor areas of a building or structure,
measured from the outside of the exterior walls, including attics
and basements having no less than 6.5 feet of headroom, except for
attached garages used primarily for the storage of motor vehicles,
and all detached garages.
FRONTAGE PERCENTAGE
The percentage of the width of a lot that is required to
be occupied by the building's primary facade.
[Added 6-10-2008 by Ord. No. 2008-13]
FRONT FACADE
The side of a building that faces a street; corner buildings
have two front facades.
[Added 6-10-2008 by Ord. No. 2008-13]
FRONT YARD SETBACK LINE
A line drawn parallel with the street line or the front lot
line and drawn through the point of a building or structure nearest
to the street line or front lot line.
[Added 6-10-2008 by Ord. No. 2008-13]
GARAGE
A detached accessory building, or a portion of a principal
building, containing one or more parking spaces and used primarily
for the storage of motor vehicles owned or used by the occupant of
the principal building.
[Added 5-14-2019 by Ord.
No. 2019-05]
GARDEN OR GREENHOUSE WINDOW
A glass-sided window that protrudes from the facade of the
building to increase light and which is commonly used for growing
plants.
[Added 5-14-2019 by Ord.
No. 2019-05]
GASOLINE STATION
Lands, buildings and structures providing for the sale of
fuel, lubricants and automotive accessories. Maintenance and minor
repairs for motor vehicles may be provided, but no body repairs, or
painting, or extended storage of inoperable or wrecked motor vehicles
shall be permitted. Additionally no car wash operation, motor vehicle
rental service, parking for a fee, snack or convenience store, or
other activity not specifically part of a gasoline station shall be
permitted.
GOVERNING BODY
The Board of Commissioners of the Borough of Haddonfield.
GRADE
The slope of a road, path, driveway, swale or other surface;
or the average finished ground elevation adjoining a building or structure
at project completion.
GRADE, PRECONSTRUCTION
The elevation of a property in its current condition, before
demolition or excavation occurs.
[Added 5-14-2019 by Ord.
No. 2019-05]
GROUND FLOOR
The first floor of a building that is level with or elevated
above the sidewalk, excluding basements and cellars.
[Amended 6-10-2008 by Ord. No. 2008-13]
HEIGHT (DOWNTOWN ZONING DISTRICT)
The dimension of a building, measured from the lowest point
of grade along the building's perimeter to the highest point along
the roofline. This dimension is expressed both in terms of stories
and in terms of feet.
[Added 6-10-2008 by Ord. No. 2008-13; amended 5-9-2017 by Ord. No. 2017-06]
HEIGHT (ZONES OUTSIDE OF DOWNTOWN ZONING DISTRICT)
The vertical distance of a building measured from the average
pre-construction grade or average finished grade, whichever is lower,
around the building's perimeter to the highest point along the roofline.
This dimension is expressed both in terms of stories and in terms
of feet. Average grade shall be determined by measuring the elevation
at every corner of the building and at the midpoints between all corners,
adding the elevations and dividing that sum by the number of measurements.
[Added 5-9-2017 by Ord.
No. 2017-06; amended 5-14-2019 by Ord. No. 2019-05]
A.
As part of the application for a construction permit, an applicant
shall submit to the construction official a height calculation form
provided by the construction official. Prior to the issuance of a
certificate of occupancy or approval of construction, an applicant
must submit to the construction official an as-built survey certified
by a licensed New Jersey surveyor, which includes the setbacks and
heights of all structures.
HOME OCCUPATION USE
Any legal craft, such as sewing, weaving, painting and other
similar artistic activities, and conducted in a resident's dwelling
unit. A home occupation use shall not have any employees or signs,
nor shall any commercial motor vehicles be regularly parked at the
residence.
HOME OFFICE USE
Any legal use of a portion of a dwelling unit for an office
by a resident. A home office use shall not have any employees, any
signs, any customers, patients, clients, or similar categories of
persons visiting the home, nor shall any commercial motor vehicles
be regularly parked at the residence.
HOUSE OF WORSHIP
A special purpose building or structure, or a special purpose
group of buildings or structures, that is architecturally designed,
particularly adapted, and specifically constructed for the primary
use of conducting, on a regular basis, formal, organized religious
services and associated accessory uses, by a nonprofit, recognized,
religious congregation or body.
[Amended 4-27-2004 by Ord. No. 12-2004]
HVAC
Mechanical systems which control the ambient environment
(temperature, humidity, air flow, and air filtering.) "HVAC" stands
for heating, ventilation, and air conditioning.
[Added 6-10-2008 by Ord. No. 2008-13]
IN-KIND
Same materials and of the same dimensions, profile, characteristic
details, texture and location as existing.
[Added 10-9-2012 by Ord. No. 2012-14]
JUNK CARS
Vehicles which are not currently licensed or registered and
thus cannot legally operate on public roads under the laws of the
State of New Jersey or are in such physical condition that they are
not capable of safely operating on public roads under the laws of
the State of New Jersey.
[Added 1-25-1994 by Ord. No. 1689]
LINER BUILDING
A building type in a downtown zoning district that is a building
or portion of a building constructed in front of a parking garage,
cinema, supermarket etc., to conceal large expanses of blank wall
area and to face the street space with a facade that has ample doors
and windows opening onto the sidewalk.
[Added 6-10-2008 by Ord. No. 2008-13]
LIVE-WORK BUILDING
A building type in a downtown zoning district that is a variant
of a flex building or townhouse building type that combines living
space with work space, retail space and/or professional space that
is related to the livelihood of the building's occupants. All of these
uses may occupy any story of the building. A live-work building may
include one unit or multiple units, and may be an attached or detached
building.
[Added 6-10-2008 by Ord. No. 2008-13]
LOADING SPACE
An off-street parking space or berth located on the same
lot with a building or group of buildings, and used for the temporary
parking of a commercial motor vehicle while loading or unloading.
LOT
Any parcel, tract or area of land established by a subdivision
plat or deed of record, or otherwise as permitted by law, except that
for the purposes of this chapter, contiguous undersized lots under
one ownership shall be considered to be one lot, and no portion of
an existing public street or right-of-way shall be included in calculating
a lot boundary or lot area.
LOT AREA
The area contained within the lot lines of a lot and not
including any portion of a street or right-of-way. Area dimensions
of all lots shall be presumptively taken as those on the current tax
map for the Borough of Haddonfield.
LOT, CORNER
A lot abutting two or more streets at their intersection
where the interior angle of the intersection does not exceed 135°
or a lot upon two parts of the same street forming an interior angle
that does not exceed 135°. Each corner lot shall have front yards
that face the street(s) and side yard(s) that do not face any street.
Corner lots shall otherwise comply with all other area and yard requirements
of the applicable zone, including lot depth.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; amended 5-14-2019 by Ord. No. 2019-05]
LOT DEPTH
The length of a straight line joining the midpoint of the
front lot line and the midpoint of the rear lot line.
[Amended 5-14-2019 by Ord. No. 2019-05]
LOT, DOUBLE-FRONTED
A lot fronting on two streets, and not a corner lot.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
LOT, FLAG
A lot whose access is from a lane narrower than the minimum
lot width and whose main portion is situated behind a lot or lots
that abut the right-of-way.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
LOT FRONTAGE
The straight-line distance between side lot lines at the
points where they intersect the front lot line. For corner lots, the
secondary front lot line shall be considered a side lot line for purposes
of this calculation.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; amended 5-14-2019 by Ord. No. 2019-05]
LOT LINE
The property lines bounding a lot.
[Added 6-10-2008 by Ord. No. 2008-13]
LOT LINE, FRONT
The lot line that fronts (abuts) the street line. Where a
lot abuts more than one street, the front lot line is that lot line
that abuts the street shown in the property address identification
portion of the tax records of the Borough of Haddonfield as of September
4, 2019. All other lot lines abutting a street shall be considered
secondary front lot lines.
[Added 5-14-2019 by Ord.
No. 2019-05; amended 8-20-2019 by Ord. No. 2019-14]
LOT LINE, REAR
The property line that is opposite and most distant from
the front lot line. In case of a lot pointed at the rear (i.e., triangular
or pentagonal), the rear lot line shall be an imaginary line parallel
to and furthest from the front lot line, provided the imaginary line
is not less than 10 feet long and is wholly located within the lot.
[Added 5-14-2019 by Ord.
No. 2019-05]
LOT LINE, SECONDARY FRONT
A lot line that fronts (abuts) a street but which is not
the front lot line.
[Added 5-14-2019 by Ord.
No. 2019-05]
LOT WIDTH
The straight-line distance between the side lot lines at
the points where they intersect the front yard setback line. For corner
lots, the secondary front lot line shall be considered a side lot
line for purposes of this calculation.
[Amended 5-14-2019 by Ord. No. 2019-05]
MAINTENANCE GUARANTEE
Any security, other than cash, acceptable to the governing
body to assure the maintenance of duly approved improvements installed
by the developer after the final inspection of the improvements and
acceptance of the improvements by the governing body, and in accordance
with the requirements of statute and this chapter.
MANOR HOUSE
A building type in a downtown zoning district that resembles
a large house but which contains multiple dwellings above and beside
each other.
[Added 6-10-2008 by Ord. No. 2008-13]
MASSING
The manner in which a building's height, depth, and width
are proportionate to the width of the street on which it is located.
[Added 6-10-2008 by Ord. No. 2008-13]
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the Borough of Haddonfield pursuant to the Municipal
Land Use Law.
MEAN ELEVATION
The average of the ground level measurements of the four
extreme corner points of any proposed or existing building or structure.
MINOR PROJECTS
Projects that include rear yard patios not visible from a
public right-of-way, in-kind replacement of steps and walkways, rear
yard accessory buildings of 100 square feet or less, in-kind driveway
replacements, fence repairs and in-kind fence replacement, in-kind
replacement of porch decking/"wearing surface," not to include structure
of deck, in-kind replacement of roofing and/or gutters.
[Added 10-9-2012 by Ord. No. 2012-14]
MIXED USE
A building that includes more than one use; typically having
different uses on the first floor and the upper floors of the building.
A common example is ground story commercial with offices or residences
on upper floors.
[Added 6-10-2008 by Ord. No. 2008-13]
MULTIFAMILY
A category of residential structure that includes more than
one dwelling unit on a property. Twins are not considered multifamily
structure.
[Added 6-10-2008 by Ord. No. 2008-13]
MUNICIPAL AGENCY
The Planning Board, Zoning Board of Adjustment, Historic
Preservation Commission, or the Board of Commissioners, or any other
municipal agency acting pursuant to the Municipal Land Use Law.
MUNICIPAL USE
The use of land, building or structures by the Borough or
by any officially created authority or agency thereof.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which in its location upon the lot
or in its size does not conform to the requirements of this chapter
for the zone in which it is located.
NONCONFORMING LOT
A lot which does not have the minimum frontage, or width,
or depth, or contain the minimum lot area required to conform to the
requirements of this chapter for the zone in which it is located.
NONCONFORMING USE
A use of a building, structure or lot which does not conform
to the requirements of this chapter for the zone in which it is located.
NONRESIDENTIAL STRUCTURE
A structure in a downtown zoning district of a building type
customarily associated with uses other than residential uses.
[Added 6-10-2008 by Ord. No. 2008-13]
OFF SITE
Not located on the lot or property which is the subject of
the development application, nor on a contiguous portion of a public
right-of-way.
OFF-STREET PARKING
Parking which is not located on any street. It shall include
parking that is located on-site and/or off-site.
[Added 5-9-2017 by Ord.
No. 2017-06]
ON SITE
Located on the lot or property which is the subject of the
development application.
PARKING SPACE
An area of not less than nine feet in width by 18 feet in
length, either within a building or structure or in the open, for
the parking of motor vehicles, and exclusive of driveways, access
drives, fire lanes and public rights-of-way, except that nothing herein
shall prohibit private and individual driveways for individual dwelling
units from being considered off-street parking spaces, provided that
no portion of such private driveway in front of the building setback
line shall be considered to be a parking space. A parking space is
intended to be sufficient to accommodate motor vehicles, whether or
not wheel blocks are installed within this area to prevent the bumper
from overhanging the end of the parking space. The width and length
of each space shall be measured perpendicularly to each other, regardless
of the angle of the parking space to the access drive or driveway.
PEDESTRIAN REALM
The area of the public right-of-way intended for pedestrian
movement; the area between the face of the curb and the nearest property
line.
[Added 6-10-2008 by Ord. No. 2008-13]
PERFORMANCE GUARANTEE
Any security, other than cash, acceptable to the governing
body to assure the construction of duly approved improvements installed
by the developer in accordance with the approved development application,
and in accordance with the requirements of statute and this chapter.
PERMITTED USE
Any use of land, buildings or structures that is permitted
by this chapter.
PERSONAL SERVICE USE (TYPE I)
A business enterprise or use primarily engaged in:
[Added 11-7-2012 by Ord. No. 2012-16]
A.
Providing services to a person’s goods or apparel, including
tailors, cobblers, dry cleaners and similar occupations or services;
or
B.
Providing services involving direct physical contact only with
a customer’s head, hands or feet, including a barbershop, beauty
salon or manicurist.
PERSONAL SERVICE USE (TYPE II)
[Added 11-7-2012 by Ord. No. 2012-16]
A.
A business enterprise or use primarily engaged in providing
services to a person and involving personal contact with, or applying
materials to, a person’s body other than head, hand or feet,
including massage therapy, body works therapy, tattoo parlor, body
piercing and similar occupations and services which are provided by
individuals licensed to provide such services by the State of New
Jersey.
B.
A business enterprise or use engaged in providing consultation,
guidance or other forms of instruction and direction based upon the
interpretation of objects, symbols or personal characteristics such
as fortune telling, Tarot card readings or palm reading, life coaching
or other similar services.
PERSONAL SERVICE USE (TYPE III)
A business which makes its facility and/or equipment available
for use by its customers either alone or in conjunction with the providing
of services, instruction or training, such as an exercise facility,
dance studio, yoga studio, aerobic center or other similar activities.
[Added 11-7-2012 by Ord. No. 2012-16]
PITCHED ROOF
A cap type made up of a slope or pitch that may or may not
include dormer windows. It is typically found on residential buildings.
[Added 6-10-2008 by Ord. No. 2008-13]
PODIUM BUILDING
A building type in a downtown zoning district that is a variant
of a liner building type in which a large-volume use structure (such
as parking or a cinema) is not only lined with street-related development
but also capped with upper levels of habitable space.
[Added 6-10-2008 by Ord. No. 2008-13]
PORCH
A covered area, open to the outside except for a roof or
support structures such as columns or railings, adjoining an entrance
to a building.
[Added 6-10-2008 by Ord. No. 2008-13]
PRINCIPAL STRUCTURE
A building that houses the principal use on the lot.
[Added 6-10-2008 by Ord. No. 2008-13]
PROFESSIONAL OFFICE
The office of a member of a recognized and legal profession
maintained for the conduct of that profession, including attorneys,
certified landscape architects, chiropractors, dentists, physicians,
podiatrists, professional engineers, professional planners, psychologists,
registered architects, certified public accountants, real estate agencies,
and no others.
[Amended 4-27-2004 by Ord. No. 12-2004; 8-25-2009 by Ord. No.
2009-15]
PROPERTY LINE
A line that legally describes the boundaries of a piece of
property or lot.
[Added 6-10-2008 by Ord. No. 2008-13]
PROTRUSION (also known as a "projection")
Any portion of a principal building or structure that does
not extend to the ground and is not greater than eight feet in width,
including but not limited to bay windows and bow windows.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
REAR YARD SETBACK LINE
A line drawn parallel with the rear lot line to establish
the closest distance the rear of the building can be placed in relation
to the rear lot line.
[Added 6-10-2008 by Ord. No. 2008-13]
RECESSED ENTRY
A doorway that is inset from the front facade of a building.
[Added 6-10-2008 by Ord. No. 2008-13]
RESIDENTIAL STRUCTURE
A structure in a downtown zoning district of a building type
customarily associated with residential uses.
[Added 6-10-2008 by Ord. No. 2008-13]
RESIDENTIAL USE
A use that includes one or more dwelling units.
[Added 6-10-2008 by Ord. No. 2008-13]
RESTAURANT
Any establishment however designated at which food is sold
primarily for consumption on the premises. Restaurants shall not have
drive-in, drive-through or walk-up facilities. A snack bar or refreshment
stand at a facility such as a public or community park, playfield
or playground, or at a swimming pool or swimming club, and operated
solely by the agency or group running the facility for the convenience
of the patrons thereof, shall not be deemed to be a restaurant.
RESUBDIVISION
The further division of a lot or the adjustment of a lot
line or lot lines.
RETAIL USE
A place of business engaged in selling tangible goods or
merchandise to the general public for personal or household consumption
and rendering services incidental to the sale of such goods or merchandise.
Travel agencies are retail uses.
[Amended 8-25-2009 by Ord. No. 2009-15]
RIGHT-OF-WAY or R.O.W.
A strip of land occupied or intended to be occupied by a
street, crosswalk, railroad, road, electric transmission line, gas
pipeline, water main, sanitary or storm sewer main, shade tree, or
for another special use.
[Added 6-10-2008 by Ord. No. 2008-13]
ROOFLINE
The highest point of a building, such as the top of a pitched
roof, parapet or cornice.
[Added 6-10-2008 by Ord. No. 2008-13]
SCALE
The proportion of a structure's mass and bulk in relationship
to other structures in the structure's neighborhood. The relative
size of a building, street fixture, sign, or other architectural element.
[Added 6-10-2008 by Ord. No. 2008-13]
SENIOR CITIZEN HOUSING
Housing designed and constructed as an age-restricted project
where at least one resident of any unit must be 62 years of age or
older, and all additional residents of the same unit must be 55 years
of age or older, except that the spouse of the sixty-two-year-old
individual may be younger than 55 years of age.
[Amended 3-25-1997 by Ord. No. 1747; 2-10-1998 by Ord. No.
1762]
SETBACK LINE, REQUIRED
The setback line establishing the minimum front yard required
by this chapter for that zone.
SHOPFRONT
A storefront with a stoop or porch, characterized by a display
window that is smaller than the traditional storefront. The entrance
into the building is from a porch or a stoop. This facade is typically
found on live-work or other mixed-use buildings that contain commercial
uses on the ground floor, but have residential features such as a
pitched rather than a flat roof.
[Added 6-10-2008 by Ord. No. 2008-13]
SIDEWALK
An improved path for pedestrian use outside the cartway.
[Added 6-10-2008 by Ord. No. 2008-13]
SIDEWALK RESTAURANTS
A restaurant which uses any portion of the public right-of-way
for patron or employee usage and/or storage of furniture, equipment
or food for the restaurant. This type of use shall not be permitted
without a conditional use variance approval from the Planning Board
and annual approval by the governing body under the terms set by the
Planning Board and the governing body.
[Added 1-25-1994 by Ord. No. 1689]
SIDE YARD BUILDING
A building type in a downtown zoning district that abuts
one side lot line, with a lawn or garden along the other side.
[Added 6-10-2008 by Ord. No. 2008-13]
SIDE YARD SETBACK LINE
A line drawn parallel with the a side lot line and drawn
through the point of a building or structure nearest to the street
line or front lot line.
[Added 6-10-2008 by Ord. No. 2008-13]
SIGHT EASEMENT AT INTERSECTION
The triangular area established in accordance with the requirements
of this chapter in which no grading, planting or structure shall be
erected or maintained more than one foot above the elevation of the
adjacent curb (or if no curb, the street), except for street signs,
fire hydrants or utility poles, and other similar structures erected
by or with the permission of the Borough.
SIGN
A lettered board or other display, or any portion thereof, on which any announcement, declaration, demonstration, logo, presentation, illumination or insignia is used to promote the interest of any person. Also see additional sign definitions in §
135-82B of this chapter.
SINGLE-FAMILY DETACHED HOUSE
A building type in a downtown zoning district that comprises
one dwelling unit, and is detached with small side yards and a large
front yard.
[Added 6-10-2008 by Ord. No. 2008-13]
SITE PLAN
A development plan of one or more lots on which is shown:
A.
The existing and proposed conditions of the
lot, including but not limited to topography, vegetation, drainage,
floodplains, marshes and waterways;
B.
The location of all existing and proposed buildings,
drives, parking spaces, walkways, means of ingress or egress, drainage
facilities, utility services, landscaping, structures and signs, lighting,
screening devices; and
C.
Any other information that may be reasonably
required in order to make an informed determination concerning the
adequacy of the development plan in accordance with the requirements
of this chapter.
SITE PLAN, MINOR
Any site plan which is limited to the proposed construction
of any permitted accessory use expressly permitted by this chapter,
or which consists of an expansion of or addition to an existing conforming
structure and use, provided that such site plan does not involve the
installation of any road improvements or the expansion of any public
facilities.
SPECIAL CORNER BUILDING
A building type in a downtown zoning district that is a variant
of the flex building type for corner lots on major streets. Front
and side setbacks are set to zero to allow for "holding the corner."
[Added 6-10-2008 by Ord. No. 2008-13]
STOOP
A staircase on the facade of a building that leads either
to a small entrance platform or directly to the main entry door. It
can be combined with a visible basement and used with residential,
commercial, or office uses.
[Added 6-10-2008 by Ord. No. 2008-13]
STOREFRONT
A ground floor facade with a large display window.
[Added 6-10-2008 by Ord. No. 2008-13]
STORY
That portion of a building included between the upper surface
of a floor and the upper surface of the floor next above it. A cellar
or basement meeting the definition in this chapter shall not be considered
a story. A half-story is the top floor of a building provided that
a seven-foot or higher ceiling height above the half-story floor does
not occupy more than 33% of the area of the floor immediately below.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; amended 5-14-2019 by Ord. No. 2019-05]
STREET
Any street, avenue, boulevard, road, parkway, highway, drive
or other way which is an existing Borough, county or state roadway,
or is shown on a plat heretofore approved pursuant to law; and which
includes the land between the street lines, whether improved or unimproved,
and all pavements, shoulders, curbs, gutters, sidewalks, parking areas,
and utility lines.
STREET FURNITURE
Features on a public street that provide for a pedestrian's
comfort, such as benches, trash cans, and bicycle racks.
[Added 6-10-2008 by Ord. No. 2008-13]
STREET LINE
The edge of the existing or future street right-of-way, whichever
may result in the wider street, as shown on the adopted Master Plan
or Official Map, and which forms the dividing line between the street
and the adjacent lot.
STREETSCAPE
Design elements along the public right-of-way, including
streetlights, sidewalks, landscaping, street furniture, and signage.
[Added 6-10-2008 by Ord. No. 2008-13]
STRUCTURAL ALTERATION
Any change in or addition to the supporting members of a
building or structure, such as bearing wall partitions, columns, beams
or girders.
STRUCTURE
Anything constructed, assembled, or erected which requires
location on the ground or attachment to something having such location
on or in the ground, including but not limited to buildings, decks,
fences, tennis courts, tanks, towers, signs, and swimming pools.
STUDIO
The commercial use of premises for the production of dance,
live music, creative writing, painting, drawings, pottery or sculpture,
video, moving or still photography, teaching incidental to production,
and for selling of products produced, in whole or majority part, in
that facility. A studio use may have employees and signs.
[Added 6-10-2008 by Ord. No. 2008-13]
SUBDIVISION
The division of a tract, lot or parcel of land into two or
more lots, tracts, parcels or other division of land for sale or development.
The following shall not be considered subdivisions within the meaning
of this chapter if no new streets are created: divisions of property
by testamentary or intestate provisions; divisions of property upon
court order, including but not limited to judgments of foreclosure;
consolidation of existing lots by deed or other recorded instrument;
and 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
of the municipality. The term "subdivision" shall also include the
term "resubdivision."
SUBDIVISION, MINOR
Any subdivision containing not more than two lots (one new
lot and the remaining lot), each fronting on an existing street and
not requiring any new street or the extension of Borough facilities.
Any readjustment of lot lines resulting in no new lots shall be classified
as a minor subdivision.
SWIMMING POOL
Any body of water, whether located above ground, below ground,
or both, having a depth of 1.5 feet, a water surface area of 100 square
feet, or both, and designed and maintained for human swimming, and
including all buildings, structures, equipment and appurtenances thereto.
TRANSPARENCY
The degree, measured as a percentage of the overall facade
space, to which a facade has clear, transparent windows on each story.
[Added 6-10-2008 by Ord. No. 2008-13]
TWIN
A building type in a downtown zoning district that is a variant
of a townhouse building type, a semidetached building that consists
of two dwelling units that abut along a property line. A twin building
type has one small side yard and a large front yard.
[Added 6-10-2008 by Ord. No. 2008-13]
TWIN UNIT OR DWELLING
A single-family dwelling or unit on a lot which is attached
to one other like dwelling or unit, also known as a twin dwelling
or unit.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 6-10-2008 by Ord. No.
2008-13]
UPPER FLOOR
Any occupiable floor of a building that is above the ground
floor.
[Added 6-10-2008 by Ord. No. 2008-13]
VARIANCE
A departure from the requirements of Articles
III,
IV,
V and
X of this chapter authorized by the appropriate municipal agency pursuant to the Municipal Land Use Law; provided, however, that any deviation from the number of parking spaces required by this chapter can only be granted by a variance.
[Amended 5-9-2017 by Ord.
No. 2017-06]
YARD
An open space which lies between a building and the lot line.
YARD, FRONT
A space extending the full width of the lot between any building
and the front lot line and measured from and at right angles from
the closest point of a building to the front lot line.
[Amended 5-14-2019 by Ord. No. 2019-05]
YARD, REAR
A space extending across the full width of the lot between
the principal building measured from and at right angles from the
closest point of the building to the rear lot line.
[Amended 5-14-2019 by Ord. No. 2019-05]
YARD, SIDE
A yard measured from the side lot line to a building or structure,
except that driveways, aprons, curbs, retaining walls, landscaping
structures, drainage structures, rain flow conduits, and fences are
permitted in the side yard of any property.
[Amended 4-14-1998 by Ord. No. 1770]