Unless the context clearly indicates a different meaning, the following
definitions shall be used in the interpretation and construction of this chapter:
words used in the present tense include the future; the singular number shall
include the plural, and the plural the singular; the word "used" shall include
"arranged, designed, constructed, altered, converted, rented, leased or intended
to be used;" the word "shall" is mandatory and not discretionary; and the
word "may" indicates a permissive action.
As used in this chapter, the following terms shall have the meanings
indicated:
A use or structure subordinate to the principal use or structure
on the same lot and serving a purpose customarily incidental to the use of
the principal building or premises. When an accessory structure is attached
to a principal building, it shall be considered part of the principal building.
Accessory structures, in all residential zones, shall include, but not necessarily
be limited to, garages, garden sheds, and pool cabanas, but shall not include
fences.
[Amended 5-9-2005 by Ord. No. 2005-5]
The Borough Clerk or such person designated by the Borough Council.
Newly constructed or rehabilitated housing units meeting the criteria
promulgated by the Council on Affordable Housing for affordability to low-
or moderate-income households.
Any person who can show written proof that he has authority to act
for the property owner.
See "structural alteration."
A dwelling unit for rent in a structure that has more than two dwelling
units.
A developer submitting an 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 for relief from
restrictions on the location of buildings as specified in this chapter and
the Subdivision and Site Plan Ordinance.[1]
A building or place of business where mechanical repair of motor
vehicles, not including auto body repair or metal refinishing, is performed.
A building or place of business where gasoline, oil and greases,
batteries, tires and automobile accessories are supplied and dispensed directly
to the motor vehicle trade at retail, and where minor repair service may be
performed, but excluding body work, painting and major overhaul.
That portion of a building which is partly or completely below grade.
The Board of Adjustment and/or the Planning Board of the Borough
of New Providence, as applicable.
The Zoning Board of Adjustment of the Borough of New Providence.
A combination of materials to form a construction adapted to permanent,
temporary or continuous occupancy and having a roof.
[Amended 10-7-2003
by Ord. No. 2003-12]
The vertical distance measured from grade to:
The deckline in the case of mansard roofs (which may not extend above
the deckline more than 10% of the building height) with no other structures
thereon except chimneys; or,
To the mean level of the slope of the roof in the case of gabled, hip,
and gambrel roofs with no other structures thereon except chimneys; or
The top of any and all other types of roof surfaces, including flat
roofs, or any structure on the roof, including but not limited to elevators,
escalator penthouses, cooling towers, or structure to house mechanical or
other equipment.
Unless otherwise provided in this chapter, the maximum height of a building
or structure will be 30 feet.
Notwithstanding the above, any fill material placed within 10 feet of
the perimeter of the foundation walls that increases the outside finished
ground elevation shall not be considered when computing the building height.
See "construction permit."
A structure in which is conducted the principal use of the site on
which it is situated. In any residential district, any dwelling shall be deemed
to be a principal building on the lot on which it is located.
A governmental acquisition of real property or a major construction
project.[2]
This geographical area is the historic center of commerce in the
Borough of New Providence. This zone is envisioned to provide a wide variety
of retail uses, professional office space, restaurants. The zone is designed
to encourage retail and personal services oriented to pedestrian shopping
on the ground floor and other commercial uses and services on the second floor.
[Added 5-9-2005 by Ord. No. 2005-5]
A certificate signed by the Construction Official provided for in
N.J.S.A. 52:27D-133 indicating that the construction authorized by the construction
permit has been completed in accordance with the construction permit, the
State of New Jersey Uniform Construction Code and any other ordinance implementing
said code.[3]
A facility designed to provide care and/or instruction for children,
including a nursery school, operated on a regular basis and licensed and certified
by the New Jersey State Department of Human Services.
Systems, structures and physical improvements for the movement of
people, goods, water, air, sewage or power by such means as streets, highways,
railways, waterways, towers, airways, pipes and conduits, and the handling
of people and goods by such means as terminals, stations, warehouses and other
storage buildings or transshipment points.
See "parking area, commercial."
See "vehicle, commercial."
See "open space, common."
Any community residential facility licensed pursuant to P.L. 1977, c.448
(N.J.S.A. 30:11B-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, halfway 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 (N.J.S.A. 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 the Division of Mental Health and Hospitals of the Department of Human
Services.
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 (N.J.S.A. 30:40-1-14), 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.
See "plan, concept."
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 this chapter
and upon the issuance of an authorization by the approving authority.
The person responsible for the issuance of construction permits and
certificates of occupancy.
A document signed by the Construction Official or other designated
authority required precedent to the commencement of the erection, construction,
reconstruction, alteration, conversion or installation of a structure or building
that states that the proposal is in conformance with the State of New Jersey
Uniform Construction Code.
Any development other than planned development.
See "lot, corner."
The Borough Council of the Borough of New Providence.
Any open, unoccupied area which is bounded by three or more attached
building walls.
Calendar days.
A platform, whether freestanding or attached to a building, extending
over and above the ground and supported by posts, columns or footings extending
to the ground. Such "deck" shall not extend into any required yard.
The permitted number of dwelling units per gross area of land to
be developed.
The legal or beneficial owner or owners of a lot or of any land proposed
to be included in a proposed development, including the holder of an option
or contract to purchase or other person having an enforceable proprietary
interest in such land.
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 or of any mining, excavation or landfill
and any use or change in the use of any building or other structure or land
or extension of use of land for which permission may be required pursuant
to the Subdivision and Site Plan Ordinance of the Borough of New Providence
and/or the Municipal Land Use Law, Chapter 291 of the Laws of 1975.[4]
A person who is developmentally disabled as defined in Section 2
of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2).
Any portion of the territory of the Borough within which certain
uniform requirements apply under the provision of this chapter.
The A1 through A3 and R1 through R4 Districts and residential uses
in the OR District.
The removal of surface water or groundwater from land by drains,
grading or other means and includes 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 nonpoint pollution, to maintain the
integrity of stream channels for their biological functions as well as for
drainage and the means necessary for water supply preservation or prevention
or alleviation of flooding.
See "use, drive-in."
Any building or portion thereof designed or used exclusively as the
residence or sleeping place of one or more persons, except a mobile home or
recreational vehicle and as otherwise provided herein.
A building containing three or more dwelling units but not including
a hotel, rooming house, dormitory, fraternity or sorority house or similar
structure.
A building containing three or more units, with each unit containing
one or more bedrooms and providing living, cooking, sleeping and sanitary
facilities, which unit is specifically designated to accommodate elderly persons.
[Added 9-28-1992 by Ord. No. 92-14]
A detached building, designed for or occupied exclusively by one
family and containing not more than one dwelling unit.
Any structure which shall contain one or more rooms providing cooking,
sleeping and sanitary facilities and utilities, not including a hotel, hospital,
nursing home, dormitory, fraternity or sorority house, rooming house, boardinghouse
or similar structure.
A detached or semidetached building where not more than two individual
family or dwelling units are entirely separated by vertical walls or horizontal
floors, unpierced except for access to the outside or to a common cellar.
One or more rooms, including cooking facilities and sanitary facilities,
in a dwelling structure, designed as a unit for occupancy by not more than
one family for living and sleeping purposes.
Any apparatus or device, commonly known as an "earth terminal antenna,"
"earth terminal," "earth station satellite communications antenna," "satellite
antenna," "microwave dish antenna" or "dish antenna," and including as part
of such apparatus or device the main reflector, subreflector, feed, amplifier
and support structure, which is designed for the purpose of transmitting and/or
receiving microwave, television, radio, satellite or other electromagnetic
energy signals into or from space, but does not include conventional television,
radio and amateur radio antennas.
An earth terminal, including all accessory buildings for housing
only such equipment as is necessary for the direct transmission or reception
of electromagnetic energy signals through the earth terminal, which is intended
for the reception and/or transmission of electromagnetic energy from a satellite
and employed for commercial use.
The vertical distance measured from the ground level of the area
on which the earth terminal is located and up to and including the highest
point of the earth terminal, when extended to its fullest height.
That part of an earth terminal, commonly known as a "dish," which,
absent any protective covering, is dish-shaped, parabolic, spherical or conical
in configuration and designed for the reception and/or transmission of electromagnetic
energy.
An earth terminal intended solely for the reception of radio and/or
television signals from a satellite and employed for private noncommercial
use only.
See "use, educational."
The detachment and movement of soil or rock fragments by water, wind,
ice and gravity.
The erection, construction, alteration or maintenance, by public
utilities or municipal or other governmental agencies, of underground or overhead
gas, electrical, telephone, steam or water transmission or distribution systems,
including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, hydrants and other similar
equipment and accessories in connection therewith reasonably necessary for
the furnishing of adequate service by such public utilities or municipal or
other governmental agencies or for the public health or safety or general
welfare, but not including buildings.
Any number of persons living together in a residential dwelling as
a bona fide single housekeeping unit and using certain rooms and housekeeping
facilities in common, including persons related by blood, marriage or adoption,
foster children placed with such families by the Division of Youth and Family
Services or a duly incorporated child care agency, children placed pursuant
to law in group homes and persons living together as part of a religious order
or clergymen whose presence is necessary as a result of a house of worship,
school or similar religious institution located on or adjacent to the place
of residence of said persons. Lodgers, boarders, roomers of all or a part
of the premises, a subtenant of a portion of the premises or persons whose
residence at the premises is of a transitory or temporary nature shall not
be deemed to constitute a "family."
The official action of the Planning Board or Board of Adjustment
taken on a preliminary approved major subdivision or site plan after all conditions,
engineering plans and other requirements have been completed or fulfilled
and the required improvements have been installed or guaranties properly posted
for the completion or approval conditioned upon the posting of such guaranties.
See "plat, final."
The total floor area of a building computed by measuring the horizontal
dimensions of the outside walls of all enclosed portions of the building,
including halls, enclosed porches, and garages but not including attic or
basement.
[Amended 5-23-2005 by Ord. No. 2005-9]
The sum of the area of all floors of buildings or structures compared
to the total area of the site. The ratio between the gross floor area of all
structures on a lot and the total area of the lot.
Particles of gasborne matter, not including process material, arising
from the combustion of solid fuel, such as coal or wood.
A structure or portion of a structure enclosed on three sides and
having a roof for the housing of motor vehicles. All "garages" shall have
doors which, when closed, shield the enclosed motor vehicle from view. Garage
doors may contain windows.
A detached or attached structure used primarily for the storage of
vehicles owned or rented by the occupant of the principal structure or his
family.
One or more multifamily apartment houses on one lot, containing three
or more separate dwelling units and sharing joint utility services or facilities
or both and containing no more than 2 1/2 stories.
Same as "automobile service station."
[Amended 10-7-2003 by Ord.
No. 2003-12]
A reference plane representing the average of ground levels/elevations
in a given area. In the case of grade adjoining a structure at exterior walls,
the reference plane shall be established by:
The lowest points within the area between the structure and the property
line as determined by perpendicular offset from the structure wall;
Where the property line is more than 10 feet perpendicular from the
structure, then the lowest points between the structure and within ten feet;
or
Where a public road exists within 50 feet of the structure, the lowest
points will include the pavement level of the public road.
Ground levels are to be averaged at no more than ten-foot intervals,
exclude intermittent variations and include all building corners, or a perpendicular
distance therefrom.
Topographical site information shall be submitted with all construction
plans. Property owners making modifications, alterations, or additions to
existing structures may request a waiver of the requirement to provide topographical
information, subject to a review by the Zoning Officer.
See "floor area, gross."
Any single-family dwelling used in the placement of children pursuant
to law, recognized as a "group home" by the Department of Institutions and
Agencies in accordance with rules and regulations adopted by the Commissioner
of Institutions and Agencies; provided, however, that no "group home" shall
contain more than 12 children.
Any real property, man-made structure, natural object or configuration
or any portion or group of the foregoing which have been formally designated
in the Master Plan as being of historical, archaeological, cultural, scenic
or architectural significance.
One or more historic sites and intervening or surrounding property
significantly affecting or affected by the quality and character of the historic
site or sites.
Any occupation which is accessory to the principal residential use.
See "tutoring."
A building providing facilities for nonpermanent lodging consisting
of at least 20 units of accommodations, inclusive of but in addition to any
permanent, on-site superintendent's living quarters.
The employee, consultant, authority or government or other agency
charged by the Borough Council with the responsibility of administering the
Affordable Housing Program of the Borough.
The area of a lot occupied by buildings or structures, driveways,
parking areas, walkways and other man-made improvements on the ground surface
which are more impervious than the natural surface.
Less than 50% of the median income for the region when used with
and compared to the term "moderate income"; means 50% to 80% of the median
income for the region when used with and compared to the term "very low income"
in the document entitled Section 8 Rental Assistance Program, Income by Family
Size, published by the United States Department of Housing and Urban Development.
Fifty percent to 80% of the median income for the region. In the
document entitled Section 8 Rental Assistance Program, Income by Family Size,
published by the United States Department of Housing and Urban Development,
the term "low income" is used instead of the term "moderate income" to refer
to the range of 50% to 80% of median income.
Less than 50% of the median income for the region in the document
entitled Section 8 Rental Assistance Program, Income by Family Size, published
by the United States Department of Housing and Urban Development.
Any person, whether residing within or without of the Borough of
New Providence, whose right to use, acquire or enjoy property is or may be
affected by any action taken under this chapter or the Municipal Land Use
Law of the State of New Jersey[5] or under any other law of this state or of the United States have
been denied, violated or infringed by an action or a failure to act under
this chapter or the Municipal Land Use Law.
Includes improvements and fixtures on, above or below the surface.
The area of a dwelling within the exterior wall above the mean ground
level, but excluding cellars, attics, garages or porches.
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 and having frontage on a public or private street.
The computed area contained within the lot lines.
A lot abutting upon two or more streets at their intersection or
upon two parts of the same street, forming an interior angle of less than
135° The point of intersection of the projection of the street lines is
the "corner."
The area of a lot occupied by principal and accessory buildings and
structures but not including uncovered walkways, steps, patios, parking areas
or similar improvements.
The area of a lot occupied by principal and accessory buildings and
structures, driveways, parking areas, walkways and other man-made improvements
on the ground surface which are more impervious than the natural surface.
The mean distance between the front and rear lot lines.
The line separating the lot from a street; the same as "street lot
line." For corner lots, this is the side of the lot on which the principal
entrance will be or is located.
The distance for which a lot or parcel of land abuts the street.
The lot line or lines opposite and most distant from the front lot
line or the point at which the two side lot lines meet.
The property lines bounding the lot.
Any lot line other than a front or rear lot line. A side lot line
separating a lot from a street is called a "side street lot line."
Same as "lot line, front."
See "nonconforming lot."
The distance for which a lot or parcel of land abuts the street.
A household meeting the regional income eligibility limits for low-
and moderate-income households or for low- and very-low-income households
in the document entitled Section 8 Rental Assistance Program, Income by Family
Size, published by the United States Department of Housing and Urban Development.
See "income, low."
Any security, other than cash, which may be accepted by the Borough
of New Providence for the maintenance of improvements required by the Subdivision
and Site Plan Ordinance of the Borough of New Providence.[6]
See "subdivision, major."
A unit of housing which consists of one or more transportable sections
which are substantially constructed off site and, if more than one section,
are joined together on site; is built on a permanent chassis; is designed
to be used, when connected to utilities, as a dwelling on a permanent or a
nonpermanent foundation; and is manufactured in accordance with the standards
promulgated for a manufactured home by the Secretary of the United States
Department of Housing and Urban Development, pursuant to the National Manufactured
Housing Construction and Safety Standards Act of 1974, P.L. 93-383 (42 U.S.C.
§ 5401 et seq.), and the standards promulgated for a manufactured
or mobile home by the Commissioner of the Department of Community Affairs
of the State of New Jersey, pursuant to the State Uniform Construction Code
Act, P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.).
Any foundation consisting of nonmortared blocks, wheels, concrete
slab, runners or any combination thereof or any other system approved by the
Commissioner of the Department of Community Affairs for the installation and
anchorage of a manufactured home on other than a permanent foundation.
The construction of a manufactured home or section thereof at a location
other than the location at which the home is to be installed.
The joining of sections of a manufactured home at the location at
which the home is to be installed.
A system of support installed either partially or entirely below
grade which is:
A system of support consisting of poured concrete strips running
the length of the chassis of a manufactured home under the lengthwise walls
of that home.
The Map Filing Law of the State of New Jersey, P.L. 1960, c. 141
(N.J.S.A. 46:23-9.9 et seq.).
A composite of one or more written or graphic proposals for the development
of the Borough of New Providence as set forth in and adopted pursuant to Section
19 of the Municipal Land Use Law (N.J.S.A. 40:55D-28).
Any person who is afflicted with a mental illness as defined in N.J.S.A.
30:4-23, but shall not include a person who has been committed after having
been found guilty of a criminal offense by reason of insanity or having been
found unfit to be tried on a criminal charge.
See "site plan, minor."
See "subdivision, minor."
A parcel of land or two or more parcels of land containing no fewer
than 10 sites equipped for the installation of manufactured homes, where these
sites are under common ownership and control for the purpose of leasing each
site to the owner of a manufactured home for the installation thereof, and
where the owner or owners provide services, which are provided by the Borough
of New Providence for property owners outside the park, which services may
include but shall not be limited to:
See "income, moderate."
The same as "hotel."
The Planning Board or the Board of Adjustment of the Borough of New
Providence.
The Municipal Land Use Law, Chapter 291 of the Laws of 1975, compiled
as N.J.S.A. 40:55D-1 et seq., with amendments.
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.
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 reasons of such adoption, revision or amendment.
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 reasons of such adoption,
revision or amendment.
Any district other than the A1, A2, A3, R1, R2, R2A, R3, R3A, R4
and RS, as authorized by the Planning Board.
[Amended 9-28-1992 by Ord. No. 92-14; 6-27-2005
by Ord. No. 2005-8; 8-8-2005 by Ord.
No. 2005-13]
Any premises duly licensed by the New Jersey State Department of
Human Services to operate as a nursing home.
Any building housing a business which engages in activities other
than producing or selling goods or commodities or providing personal services.
Any building consisting of more than 10,000 square feet, in which
at least 1/2 are rented or occupied by a single corporation or firm and whose
primary business is to serve as a regional or national center for other endeavors
of the corporation or firm.
Any building used for such services as are provided by medical and
dental practitioners, lawyers, architects, engineers and members of other
recognized professions. In this case, "professional" should be construed not
in the technical legal sense as state-licensed but to include real estate
and financial consultants and brokers.
See "Zoning Map."
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 contiguous portion of a street or right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion or a street right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development application
or on a contiguous portion of a street or right-of-way.
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.
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 the use or enjoyment
of residents and owners of the development.
An open space conveyed or otherwise dedicated to the Borough, borough
agency, Board of Education, state or county agency or other public body for
recreation or conservational uses.
Any individual, firm, association, syndicate, copartnership or corporation
having sufficient proprietary interest in the land proposed for development
to commence and maintain proceedings to develop the same.
An open area, other than a street or other public way, used for the
parking of motor vehicles available to the public whether for a fee, free
or as an accommodation for clients or customers.
An open area, paved or graveled, adjacent to or at the end of a driveway
and used for the parking of motor vehicles not for use by the general public.
For purposes of notice, any applicant for development, the owners
of the subject property and all owners of property and government agencies
entitled to notice pursuant to the Land Use Procedures Ordinance of the Borough
of New Providence.[7]
A flat or terraced surface located on the ground, constructed of
brick, stone, concrete or other similar materials and intended as an outdoor
sitting area. Such "patio" shall not be closer than six feet to the lot line.
Any security, including cash, performance bonds, escrow agreements
and other similar collateral or surety agreements, which may be accepted by
the Borough.
Any business which primarily offers services to the general public
at retail, such as shoe repair, watch repair, barber and beauty services and
similar trades and activities, excluding professional services.
A preliminary presentation and attendant documentation of a proposed
subdivision or site plan of sufficient accuracy to be used for the purpose
of discussion and classification.
An area of a minimum contiguous acreage of five acres to be developed
according to a single plan as a single entity, containing one or more structures
with appurtenant common areas to accommodate commercial or office uses or
both, and any residential and other uses incidental to the predominant use.
Planned unit development, planned unit residential development, residential
cluster or planned commercial development.
An area with a minimum contiguous acreage of five acres to be developed
as a single entity according to a plan, containing one or more residential
clusters or planned unit residential developments and one or more public,
quasi-public, commercial or industrial areas in such ranges or ratios of nonresidential
uses to residential uses as specified in this chapter.
An area with a minimum contiguous acreage of five acres to be developed
as a single entity according to a plan, containing one or more residential
clusters, which may include appropriate commercial or public or quasi-public
uses all primarily for the benefit of the residential development.
The Planning Board of the Borough of New Providence.
A map or maps of a subdivision or site plan.
A preliminary map indicating the proposed layout of a subdivision
or site plan and meeting the requirements of the subdivision or site plan
application.
Architectural drawings prepared during early and introductory stages
of the design of a project, illustrating in a schematic form its scope, scale
and relationship to its site and immediate environs.
See "plat, preliminary."
See "vehicle, private passenger."
The dividing line between the street and lot or the dividing line
between lots. Also referred to as "street lot line" and "lot line."
The land reserved or dedicated for the installation of stormwater
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
damages, 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 nonpoint pollution.
See "open space, public."
The majority of the full authorized membership of the Planning Board
or Board of Adjustment.
See "vehicle, recreational."
The four-county region established by the Council on Affordable Housing
and encompassing Union, Essex, Morris and Sussex Counties.
See "use, religious."
An area to be developed as a single entity according to a plan containing
residential housing units, which may include single-family detached housing,
townhouses and two-family dwellings and which have a common or public open
space area as appurtenance.
[Amended 8-10-1992 by Ord. No. 92-12]
An establishment, including diners and luncheonettes, serving food
and liquid refreshment. The liquid refreshment shall not include wine, beer
or other types of alcoholic beverages.
An establishment where food and/or beverages are sold in a form ready
for immediate consumption on the premises and that is so designed that patrons
can be accommodated while remaining in their automobiles.
An establishment which is essentially designed to dispense a limited
variety of food and beverages, which are so prepared and packaged in paper
or in other types of disposable wrappers and containers in a form for quick
or ready consumption inside the building or off the premises and which has
tables inside the building for consumption of food and beverages on the premises.
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 the alteration of any streets or the establishment of any new streets
within any subdivision previously made and approved or recorded according
to law, but does not include conveyances so as to combine existing lots by
deed or other instrument.
A building or structure which houses a business selling goods or
commodities to the public.
See "approving authority."
A dwelling containing rooms for the rooming and boarding of six persons
or less. Also known as a "boardinghouse" or "lodging house."
The deposition of soil that has been transported from its site or
origin by water, ice, wind, gravity or other natural means as a product of
erosion.
Rental apartment developments for senior citizens, where at least
20% of the total units are reserved for occupancy by persons qualified for
affordable housing in accordance with appropriate state and local rules.
[Added 9-28-1992 by Ord. No. 92-14]
A line parallel to the property line established by applying the
minimum yard restrictions set forth in this chapter.
A name, identification, description, display or illustration or any
other visual display which is affixed to or painted or represented directly
or indirectly upon a building, structure or piece of land and which directs
attention to an organization or business.
However, a "sign" shall not include any display of official court or
public office notices nor any official traffic control device, nor shall it
include the flag, emblem or insignia of a nation, state, county, municipality,
school or religious group.
A "sign" shall not include a sign located completely within an enclosed
building, except for illuminated or animated signs within show or shop windows.
Each display surface of a sign shall be considered to be a "sign."
A sign which directs attention to a business, commodity, service
or entertainment conducted, sold or offered elsewhere than on the premises
where the sign is located.
The entire space within a single continuous perimeter enclosing the
extreme limits of such and in no case passing through or between any adjacent
elements of the same. However, such perimeter shall not include any structural
or framing elements lying outside the limits of such sign and not forming
an integral part of the display.
A sign which directs attention to a business or profession conducted
or to goods, commodities, services or entertainment sold or offered upon the
premises where such sign is located or to which it is affixed.
Any sign on which the artificial light is not maintained constant
in intensity or color at all times when such sign is in use.
One or more lots.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but not necessarily
limited to topography, vegetation, drainage, floodplains, marshes and waterways.
The location of all existing and proposed buildings, drives, parking
spaces, walkways, means of ingress and egress, drainage facilities, utility
services, landscaping, structures and signs, lighting and screening devices.
A development plan of one or more lots which:
Proposes new development that will have minimal impact on the community,
surrounding neighborhood and the site.
Contains the information reasonably required in order to make an informed
determination as to whether the requirements established by the Subdivision
and Site Plan Ordinance have been met.
Standards as established by this chapter and the Subdivision and
Site Plan Ordinance[8] regulating noise levels, glare, earthborne 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 Borough or required by applicable federal or state
laws or borough ordinances.
Any space used for business, industrial, office, residential or commercial
purposes having its finished floor area above grade.
Any living area having a finished floor area above grade, except
a basement, shall be considered a "story" when the distance from the grade
to the finished surface of the floor above the basement is more than six feet
for more than 50% of the total perimeter of the building or more than 12 feet
at any point.
A partial story under a gable, hip or gambrel roof, the wall plates
of which on at least two opposite exterior walls are not more than four feet
above the floor of such story.
An intermediate level or levels between the floor and ceiling of
any story with aggregate floor area of not more than 33% of the floor area
of the story in which the level or levels are located.
Any street, avenue, boulevard, road, parkway, viaduct, drive or any
other way which is an existing state, county or borough roadway; which is
shown upon a plat heretofore approved pursuant to law; which is approved by
official action as provided by borough ordinance; 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 to such Board of the
power to review plats. It shall include 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.
A state or county street designated by number or which connects New
Providence and adjacent municipalities (sixty- to sixty-six-foot right-of-way,
forty- to forty-six-foot pavement width).
Same as "secondary street."
A street which provides access to individual properties but does
not serve through traffic (fifty-foot right-of-way, thirty-foot pavement width).
Same as "street, local."
Same as "arterial street."
A street upon which an A or R District abuts or where 50% or more
of the abutting street frontage is in predominantly residential use.
A street which collects traffic moving between primary and local
streets (fifty- to fifty-six-foot right-of-way, thirty-foot pavement width).
Any changes in the supporting members of a building or structure,
such as walls, columns, beams or girders.
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.
Any individual, firm, association, syndicate, copartnership, corporation,
trust or any other legal entity commencing or maintaining proceedings under
this chapter or any other ordinance of the Borough of New Providence to effect
a subdivision of land hereunder for himself or for another.
The division of a lot, tract or parcel of land into two or more lots,
tracts or parcels or other divisions of land for sale or development. The
following shall not be considered subdivision within the meaning of this chapter,
if no new streets are created:
Divisions of property by testamentary or interstate 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.
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 Zoning Officer to conform to the requirements of this and the Subdivision
and Site Plan Ordinance[9] and are shown and designated as separate lots, tracts or parcels
on the Tax Map of the Borough.
The term "subdivision" shall also include the term "resubdivision."
Any subdivision not classified as a minor subdivision.
A subdivision of land for the creation of no more than three lots,
provided that such subdivision does not involve a planned development, any
new street or the extension of any off-tract improvement, the cost of which
is to be prorated pursuant to Chapter 305, Subdivision of Land and Site Plan
Review, § 305-14.
A building designed for or occupied exclusively by one family and
attached to other similar buildings or structures by party walls extending
from the foundation to the roof and providing two direct means of access from
the outside and containing no more than 2 1/2 stories.
A recreational vehicle, travel trailer, camper or other transportable,
temporary dwelling unit, with or without its own motor power, designed and
constructed for travel and recreational purposes, to be installed on a nonpermanent
foundation if installation is required.
A typed or printed verbatim record of the proceedings or reproduction
thereof.
The teaching or instruction of academic or business subjects or the
arts to not more than five students simultaneously.
The purpose for which land, a building or a structure is designed,
arranged or intended or for which it is or may be occupied or maintained.
A place of business so designed that patrons can be accommodated
while remaining in their automobile, but not including automobile service
stations or drive-in restaurants. (See also "restaurant, drive-in.")
Public and private preschools and nonprofit day schools of elementary
or high school grade accredited by the New Jersey State Department of Education,
and including uses accessory to the principal school use, such as a playground.
Summer day camps shall not be considered as "educational uses" or accessories
to such uses.
[Amended 5-24-1993 by Ord. No. 93-6]
See "nonconforming use."
A church, synagogue, mosque or other similar place of worship, including
educational and other related buildings on the same site.
Permission to depart from the literal requirements of this chapter
or the Subdivision and Site Plan Ordinance[10] pursuant to Sections 47, 29.2b, 57c and 57d of the Municipal Land
Use Law (N.J.S.A. 40:55D-60, N.J.S.A. 40:55D-40b, N.J.S.A. 40:55D-70c and
N.J.S.A. 40:55D-70d).
A retail store dealing in a wide variety of merchandise which generally
is of low unit cost.
Any vehicle registered with the state either as a commercial or livery
vehicle and displaying commercial or livery license plates and/or having a
gross vehicle weight of 7,000 pounds or more. Passenger cars, recreational
vehicles or station wagons, excluding taxis displaying commercial plates,
are not considered "commercial vehicles" under the terms of this chapter.
A vehicle used for providing transportation for the owner or members
of his family and so registered by the New Jersey Division of Motor Vehicles.
A vehicle primarily designed for recreational, camping or travel
use, such as a trailer, truck camper, van or boat. See "trailer."
See "income, very low."
Antenna of any type of design, which is or may be used for the delivery
of wireless telecommunications, except for an earth terminal antenna which
is regulated pursuant to Chapter 141 of the Code of the Borough of New Providence.
[Added 11-10-1997 by Ord. No. 97-14]
The area which houses any combination of WT equipment.
[Added 11-10-1997 by Ord. No. 97-14]
Any building, structure, or equipment, including without limitation,
transmitters, power sources, or other equipment, except antennas or towers,
which are or may be used for the delivery of wireless telecommunications.
[Added 11-10-1997 by Ord. No. 97-14]
Any person, business organization, or other entity of any kind, whether
public or private, which seeks to install, operate, or maintain any combination
of WT technology within the boundaries of the Borough of New Providence, or
which already operates or maintains such WT technology as of the effective
date of this ordinance.
[Added 11-10-1997 by Ord. No. 97-14]
Collectively WT antennas, WT equipment, WT equipment compound and
WT towers.
[Added 11-10-1997 by Ord. No. 97-14]
A vertical structure which is or may be used to support any WT antenna
or other WT equipment, whether freestanding or attached to any existing structure.
[Added 11-10-1997 by Ord. No. 97-14]
An open space, which lies between the principal building or group
of buildings and the nearest lot line and is unoccupied and unobstructed from
the ground upward except as herein permitted.
An open space extending the full width of the lot between a principal
building and the front lot line, unoccupied and unobstructed from the ground
upward except as may be specified elsewhere in this chapter.
An open space extending the full width of the lot between a principal
building and the rear lot line, unoccupied and unobstructed from the ground
upward except as may be specified elsewhere in this chapter.
An open space extending from the front yard to the rear yard between
a principal building and the nearest side lot line, unoccupied and unobstructed
from the ground upward except as may be specified elsewhere in this chapter.
The location and boundaries of districts are hereby established as
shown on the Zoning Map of the Borough of New Providence, dated December 28,
1978, revised September 1992, which map is hereby made a part of this chapter
and incorporated herein by reference. Such map and all notations, references
and designations shown thereon shall be a part of this chapter as if the same
were all fully described and set forth herein, and copies thereof are maintained
on file in the Borough Clerk's office.
[Amended 9-28-1992 by Ord. No. 92-14]
The Construction Official or other designated authority charged with
the administration and enforcement of this chapter.
A document signed by the Zoning Officer which is required precedent
to the commencement of a use or the erection, construction, reconstruction,
alteration, conversion or installation of a structure or building and which
acknowledges that such use, structure or building complies with the provisions
of this chapter or a variance therefrom duly authorized by a borough board
pursuant to Ch. 291, Land Use Procedures, § 291-6.
[2]
Editor's Note: The definition of Cellular Towers, added 6-9-1997
by Ord. No. 97-7, which immediately followed this definition, was repealed
10-27-1997 by Ord. No. 97-13.
[4]
Editor's Note: See Ch. 305, Subdivision of Land and Site Plan
Review, and N.J.S.A. 40:55D-1 et seq., respectively.
[5]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
