For the purpose of this chapter:
A.
The present tense shall include the future.
B.
The singular number shall include the plural and the
plural the singular.
C.
The word "shall" is always mandatory; the word "may"
is discretionary.
D.
The words "zone" and "district" are synonymous.
E.
The word "building" includes "structure" and any part
thereof.
F.
The phrase "used for" includes "arranged for," "designed
for," "intended for," "maintained for," "constructed for," "altered
for," "converted for," "rented for," "leased for," or "occupied for."
G.
The word "person" includes an individual, corporation,
partnership, incorporated association, or any similar legal entity.
H.
The word "includes" or "including" shall not limit
the term to the specified examples, but is intended to extend its
meaning to all other instances of like kind and character.
I.
The terms "Board" and "Planning Board" are intended
to mean the board of jurisdiction before which an application is made
for development.
[Amended 4-11-2018 by Ord. No. 6-2018]
Definitions and usages. Unless otherwise expressly
stated, the following terms shall, for the purpose of this chapter,
have the meanings as herein defined. Whenever a term is used in this
chapter which is defined in the Municipal Land Use Law (MLUL),[1] such term shall have the same meaning as the MLUL. The
inclusion of a definition in this section shall not be deemed to imply
that the use is a permitted accessory or conditional use in any zone
unless explicitly authorized as such.
Any existing or proposed county road shown on the adopted
County Master Plan or Official Map which adjoins or lies within a
lot or parcel of land submitted for subdivision or site plan approval.
A physical entrance to property.
A building or structure, the use of which is customarily
incidental and subordinate to that of the principal building located
on the same lot. When an accessory building is attached in a substantial
manner by a wall or roof to a principal building or structure, it
shall be considered a part thereof.
A use of land or of a building or portion thereof customarily
incidental and subordinate to the principal use of the land or building
and located on the same lot as the principal use.
A structure added to the original structure at some time
after the completion of the original structure.
For the purposes of this chapter, the administrative officer
shall be the City Clerk unless the City Council designates a different
municipal official.
The traveled way by which cars enter and depart parking spaces.
A service way providing vehicular service access or pedestrian
access to the back or side of properties otherwise abutting on a street.
Any change or rearrangement in the supporting members of
an existing building such as bearing walls, columns, beams, girders
or interior partitions, as well as any change in doors or windows
or any enlargement or diminution of a building or structure. "Alteration"
shall also mean and include any conversion of a building or a part
thereof from one use to another or the moving of a building or structure
from one location to another. "Alteration" shall not be construed
to mean any necessary repairs and renovation of an existing structure
solely for the purpose of maintenance and/or improvements of the appearance.
Any transmitting or receiving device mounted on a tower,
building or structure, and used for communications that radiate or
capture electromagnetic waves, digital signals, analog signals, radio
frequencies (excluding radar signals), wireless communications signals
or other communication signals. Excepted from this definition are
antennas used exclusively by ham radio operators or other residential
users.
One or more rooms with private bath and kitchen facilities
constituting an independent, self-contained dwelling unit in a building
containing two or more dwelling units.
A developer submitting an application for development.
The application form and all accompanying documents required
by ordinance for approval of a subdivision plan, site plan, planned
development, conditional use, zoning variance or direction of the
issuance of a permit pursuant to this chapter.
A plan which has been granted final approval by the Planning
Board of the City of Linwood.
[Amended 4-11-2018 by Ord. No. 6-2018]
The City of Linwood Planning Board, unless a different agency
is designated by this chapter.
[Amended 4-11-2018 by Ord. No. 6-2018]
The visible, functional, or ornamental objects accessory
to and part of buildings.
The use of elements such as, but not limited to, roofed open
porches, chimneys, and stairs (open and covered), to provide architectural
interest and variation in the building facade. In no case are cantilevers
considered architectural details.
The entity responsible for the administration of a condominium,
which entity may be incorporated or unincorporated.
The open, nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
A floor partially below grade level having 1/2 or more of
its floor-to-ceiling height above grade and with a floor-to-ceiling
height of not less than seven feet. A basement shall be counted as
a story if used for business purposes.
A sign advertising an occupant, product or service on other
than the lot upon which the billboard is located.
The length of a street between two street intersections.
The City of Linwood Planning Board, acting on an application
for development.
[Amended 4-11-2018 by Ord. No. 6-2018]
Boarding house has the meaning set forth in N.J.S.A. 55:13B-3.
[Added 2-23-2023 by Ord.
No. 4-2023]
A vehicle for traveling in or on water.
A structure designed to convey vehicles and/or pedestrians
over a watercourse, railroad, street or any depression.
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
The ratio of the horizontal area of all principal buildings
measured from the exterior surface of the exterior walls of the ground
floor on a lot to the total lot area, exclusive of roof overhangs,
unenclosed decks and patios.
The two-dimensional space within which a principal structure
is permitted to be built on a lot and that is defined by minimum yard
setbacks.
See "height of building."
A line parallel to the street line or the lot line touching
that part of a building closest to the street or lot line. In the
case of a cantilevered section of a building, the building line will
coincide with the most projected surface. All yard requirements shall
be measured to the building line.
Standards and controls that establish the maximum size of
buildings and structures on a lot and the buildable area within which
the building can be located, including coverage, setbacks, height,
and yard requirements.
A cable television company as defined pursuant to Section
3 of P.L. 1972, c.186 (N.J.S.A. 48:5A-3).
The diameter of a tree trunk measured in inches a distance
of six inches off of the ground.
A self-supporting roof-like shelter or marquee without sides,
permanently affixed to the wall of a building and providing overhead
protection from the weather at an entrance to said building, which
shall be construed to be a part of the building to which it is affixed.
A timetable or schedule of all future capital improvements
to be carried out during a specific period and listed in order of
priority, and may also include cost estimates and the anticipated
means of financing each project.
The hard or paved area of a street between the curbs, including
travel lanes and parking areas, but not including curbs, sidewalks
or swales.
See "basement."
A document issued by the Construction Official allowing the
occupancy or use of a building and certifying that the structure or
use has been constructed and/or renovated according to and in compliance
with all the applicable state codes and municipal ordinances and resolutions.
A signed, written statement by the City Engineer and/or Construction
Official that specific constructions, inspections or tests, where
required, have been performed and that such comply with the applicable
requirements of this chapter or regulations adopted hereunder.
Any use of a building or land which is in any manner different
from the previous use by way of function, operation, extent, products
sold or manufactured and the like, but not including a change in ownership
or occupancy unless the nature of the use, as described above, is
changed.
An establishment providing for the care, supervision and
protection of children that is licensed by the State of New Jersey
pursuant to P.L. 1983, c. 492 (N.J.S.A. 30:5B-1 et seq.).
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.
That person appointed to the position by the City Council.
A group of people organized for a common purpose to pursue
common goals, interests, or activities, and usually characterized
by certain membership qualifications, payment of fees and dues, regular
meetings, and a constitution and bylaws.
A freestanding detached building on one lot within a lot
held in common ownership, serving one family. One wall of the building
may be located on the side property line, provided that said wall
is not more than 15 feet in height.
The use of a common wireless telecommunications tower or
a common structure, by two or more wireless license holders or unlicensed
holders nevertheless regulated by the Federal Communications Commission
or by one wireless license holder for more than one type of communications
technology and/or the placement of a wireless telecommunication tower
on a structure owned or operated by a utility or other public entity.
A truck, bus, van, sedan, delivery vehicle, station wagon
with advertising matter on the side, or any other commercially used
vehicles except a passenger car with no advertising matter exposed
to view (with gross vehicle weight in excess of 10,000 pounds or with
a height in excess of seven feet or with greater than four wheels).
Includes but shall not be limited to facilities for the common
use of two or more dwellings units, such as roads, sidewalks, swimming
pools, playgrounds, trees, greens, fairways and parking areas.
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.
Ownership of two or more contiguous parcels of real property
by one person or by two or more persons or entities owning such property
jointly.
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 community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services.
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. 30:14-1 to 30:14-14) 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 and psychological welfare.
An application form completed as specified by this chapter
and the rules and regulations of the City and all accompanying documents
required by this chapter for approval of the application for development.
An informal review of a plan for development that carries
no vesting rights or obligations on any party.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with the
conditions and standards for the location and operation of such use
as contained in the Zoning Ordinance and upon issuance of an authorization
therefor by the Planning Board.
[Amended 4-11-2018 by Ord. No. 6-2018]
A building, or group of buildings, in which dwelling units,
offices, or floor area is owned individually and the structure, common
areas, and facilities are owned by all the owners on a proportional,
undivided basis; the form of ownership of real property under a master
deed providing for ownership by one or more owners of units of improvements
together with an undivided interest in common elements appurtenant
to each such unit.
The removal of lot lines between contiguous parcels.
The City official specified in the Building Code who is charged
with administering the Construction Code.
Legal authorization for the erection, alteration or extension
of a structure.
When used in this chapter, the construction specifications
and standard construction details as prepared by the City Engineer
of the City of Linwood.
Tracts of land which share one or more common boundaries.
A recovery home that is a rooming or boarding house that
has been issued a "F" License by the New Jersey Department of Community
Affairs pursuant to N.J.A.C. 5:27-1.1 et seq. It does not operate
as a single housekeeping unit. The 2017 New Jersey Uniform Construction
Code defines a CSLR as "a residential setting that serves solely as
a home for individuals who are recovering from drug or alcohol addiction
and is intended to provide an environment where the residents can
support each other’s sobriety and recovery." In addition to
the other requirements specified in the regulations, a cooperative
sober living residence must satisfy the following criteria:
[Added 2-23-2023 by Ord.
No. 4-2023]
Management by an entity or organization that provides an operator
who shall reside in the residence and exercise some level of control
over the operation of the residence and establishes the residence's
rules;
Occupancy shall not exceed 10 individuals, exclusive of the
operator;
The requirement of the maintenance of an alcohol and drug free
environment;
No provision of on-site counseling therapy, clinical treatment,
or alcohol and/or drug treatment by the licensee;
No provision of food, laundry, financial, or other personal
services by the licensee;
Ability of licensee, at its discretion, to provide nonclinical
recovery and support services. The licensee may also elect to mandate
or encourage residents to attend self-help recovery programs, participate
in activities related to maintaining sobriety and continuing recovery,
or receive off-site services deemed desirable or necessary to maintain
sobriety; and
Ability of licensee, at its discretion, to require drug or alcohol
testing of residents.
A composite of the plan elements for the physical development
of Atlantic County, with the accompanying maps, plats, charts and
descriptive and explanatory matter adopted by the County Planning
Board pursuant to Chapter 291 of the Laws of New Jersey.
The Atlantic County Planning Board.
The turnaround at the end of a dead-end street.
Calendar days.
A street or portion of a street which is accessible by a
single means of ingress or egress.
An unroofed platform either freestanding or attached to the
building at or above 18 inches of the finished grade and not covered
by a permanent roof. A deck may be constructed above a first floor
portion of a building, at the floor level of the second story, but
not above that level.
An appropriation of land to some public use made by the owner
and accepted for such use by or on behalf of the public.
The permitted number of dwelling units per gross area of
land to be developed.
See "stormwater detention."
The legal or beneficial owner or owners of a lot or of any
land 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; any
mining, excavation, landfill or land disturbances and any use, change
in use or extension of use of land for which permission may be required
pursuant to this chapter.
Zoning, subdivision, site plan, official map or other municipal
regulation of the use and development of land or amendment thereto
adopted and filed pursuant to the Municipal Land Use Law.
Development other than planned development or cluster development.
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.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage.
The land required for the installation of stormwater sewers
or drainage ditches along a natural stream or watercourse for preserving
the channel and providing for the flow of water therein to safeguard
the public against flood damage in accordance with Chapter 1A of Title
58 of the Revised Statutes of the State of New Jersey or its supplements
and amendments.
A paved or unpaved area used for ingress or egress of vehicles
and allowing access from a street to a lot, building or other structure
or facility.
A structure or portion thereof that is used exclusively for
human habitation. Dwellings may include but are not limited to the
following types:
DETACHED SINGLE-FAMILYA dwelling for one family that is not attached to any other dwelling by any means.
ATTACHED SINGLE-FAMILY/TOWNHOUSEA one-family dwelling in a row of at least two such attached units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more vertical common fire-resistant walls.
TWO-FAMILYA building on a single lot containing two dwelling units, each of which is separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell independent of both dwelling units.
MULTIFAMILYA building containing three or more dwelling units, including units that are located one over another.
One or more rooms designed, occupied or intended for occupancy
as separate living quarters with cooking, sleeping and sanitary facilities
provided within the dwelling unit for the exclusive use of a single
family maintaining a household, excluding a boat, trailer or other
vehicle of any type or temporary shelter such as a tent.
A grant of one or more property rights by the property owner
to and/or for use by the public, a corporation or another person or
entity.
The grant of a property right stipulating that the described
land will remain in its natural state and precluding future or additional
development.
Whenever the word "employees" or the expression "number of
employees" is herein referred to, it shall mean the greatest number
of persons to be employed in the building in question during any season
of the year and at any time of the day or night.
An increase in the size of an existing structure or use,
including physical size of the property, building, parking and other
improvements.
A municipal advisory body created pursuant to N.J.S.A. 40:56A-1
et seq.
The detachment and movement of soil or rock fragments by
water, wind, ice or gravity.
The erection, construction, alteration or maintenance of
underground, surface or overhead gas, electrical, steam or water transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, traffic signals, light stanchions, telephone
lines, hydrants and other similar equipment and accessories, reasonably
necessary for the furnishing of adequate service to the zone or neighborhood
where located by public utilities, municipal or other governmental
agencies. "Essential services" shall include first aid and emergency
aid squad buildings.
Permission to depart from the design standards in this chapter.
The vertical location of the ground surface prior to excavating
or filling.
An increase in the amount of existing floor area beyond the
exterior wall.
A group of individuals not necessarily related by blood,
marriage, adoption, or guardianship living together in a dwelling
unit as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
Any private residence approved by the Division of Youth and
Family Services or an organization with which the division contracts
for family day care in which child-care services are regularly provided
to no fewer than three and no more than five children for no fewer
than 15 hours per week. A child being cared for under the following
circumstances is not included in the total number of children receiving
child-care services:
A structure made of posts or stakes, joined together by boards,
wire or rails, serving as an enclosure, a barrier or as a boundary.
The official action of the Planning Board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guaranties properly
posted for their completion, or approval conditioned upon the posting
of such guaranties.
The final map of all or a portion of a development which
is presented to the Board for final approval in accordance with these
regulations and which, if an approved subdivision, shall be filed
with the proper county recording officer.
Any structure wherein business of primarily a monetary nature
is transacted, such as banks, savings and loans associations, mortgage
companies and similar institutions.
The sum of the gross horizontal areas of all floors of buildings,
including garages measured from the exterior faces of exterior walls
or from the center line of party walls separating two buildings.
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
An establishment primarily engaged in the retail sale of
food which is processed or otherwise prepared for eventual consumption
but not consumed on the premises. Such uses include but are not limited
to the following: bakeries, delicatessens, ice cream parlors and bagel
shops. Where such uses have tables, such uses shall be deemed restaurants.
See "lot, frontage."
A building used as accessory to the main building which provides
for the storage of motor vehicles and in which no occupation, business
or service for profit is carried on. A detached garage shall be defined
as a accessory structure.
A small building usually roofed but without walls, placed
on the grounds of residential property as a decorative architectural
feature having no utility services.
The City Council of the City of Linwood.
Any department, commission, independent agency or instrumentality
of the United States and of the State of New Jersey and any county,
city, township, village, authority, district or other governmental
unit.
The vertical elevation of the ground surface prior to excavation
or filing.
Grasses or other plants and landscaping grown or placed to
keep soil from being blown or washed away.
The first floor of a building other than a cellar or basement.
The vertical distance above the average existing grade measured
at any point along any wall to the highest point of the building or
structure (excluding chimneys), whichever is less (see sketches[2]).
A community association, other than a condominium association,
that is organized in a development in which individual owners share
common interests and responsibilities for costs and upkeep of common
open space or facilities.
A building or structure, or groups of buildings or structures,
that by design and construction is primarily intended for conducting
organized religious services and associated accessory uses.
A family living together in a single dwelling unit, with
common access to and common use of all living and eating areas and
all areas and facilities for the preparation and serving of food within
the dwelling unit.
Any material which generally reduces or prevents absorption
of stormwater into the ground, including but not limited to buildings
and other structures, parking areas, driveways, sidewalks, paving,
patios, pools and spas.
A lot upon which exists a principal structure or building.
In a criminal or quasi-criminal proceeding,
any citizen of the State of New Jersey.
In the case of a civil proceeding in any court
or in an administrative proceeding before a municipal agency, any
person, whether residing within or without the municipality, whose
right to use, acquire or enjoy property is or may be affected by any
action taken under this chapter or whose rights to use, acquire or
enjoy property under this chapter 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.
Ground, soil or earth, including improvements and fixtures
on, above or below the surface thereof.
Any structure whose purpose is primarily decorative in nature,
such as flagpoles, fences, arbors, trellises and planters, and not
intended for human occupancy, storage or utility purposes. Such structure
shall not be restricted by setbacks or coverage definitions as defined
herein.
For the purpose of determining compliance with the minimum
landscape requirements in the City's residential zone, landscaping
shall be limited to vegetative cover, including grass, shrubs and
trees. Areas devoted to parking and walkways, driveways and patios
shall not count toward this requirement, whether impervious or not.
Areas under projections and cantilevers, except roof overhangs, shall
not count.
An open space or covered area, on a lot, used only for the
loading or unloading of goods to which there is direct or unobstructed
access from a street or alley.
Any sewerage authority created pursuant to the Sewerage Authorities
Law, P.L. 1946, c. 138 (N.J.S.A. 40:14A-1 et seq.); any utilities
authority created pursuant to the Municipal and County Utilities Authorities
Law, P.L. 1957, c. 183 (N.J.S.A. 40:14B-1 et seq.); or any utility,
authority, commission, special district or other corporate entity
not regulated by the Board of Regulatory Commissioners under Title
48 of the Revised Statutes that provides gas, electricity, heat, power,
water or sewer service to a municipality or the residents thereof.
A designated parcel, tract or area of land established by
plat, or otherwise as permitted by law, and to be used, developed
or built upon as a unit.
The total area within the lot lines of a lot, not including
any street rights-of-way.
That part of one lot or more than one lot which is improved
or is proposed to be improved with buildings and/or other structures,
including but not limited to principal buildings, driveways, parking
lots, pedestrian walkways, signs and other man-made improvements on
the ground surface which are more impervious than the natural surface.
Walks, driveways, patios, and/or courtyards constructed using paver
block or brick set in sand rather than in or on concrete are calculated
as fifty-percent impervious surface.
The shortest distance between the front line and line drawn
parallel to the front line through the mid-point of the rear lot line,
provided that, in triangular lots having no rear lot line, the distance
shall be measured to the mid-point of the line parallel to the front
lot line, which shall not be less than 10 feet in length, measured
between its intersections with the side lot lines. On corner lots,
one side lot line shall be considered a rear lot line, for purposes
of determining lot depth only.
The shortest distance between the intersection points of
the side lines of a lot with the front street right-of-way line.
A line of record bounding a lot that divides one lot from
another lot or from a public or private street or any other public
space.
The lot line separating a lot from a street right-of-way,
also referred to as a "street line."
The lot line opposite and most distant from the front lot
line or the point at which the side lot lines meet.
Any lot line other than a front or rear lot line.
The shortest distance between the side lot lines, measured
at the street line; or if no setback line is established, the mean
width of the lot measured at right angles to its depth. The minimum
lot width, as required by this chapter, shall be maintained for at
least 75% of the minimum depth, as measured continuously from the
front line, except for lots which front the turnaround of a cul-de-sac,
in which case lot width at the street line may be reduced to 50% of
the required width. However, the lot width measured at the front setback
line must be equal to or greater than 75% of the required lot width.
A parcel of land, either at the junction of and abutting
on two or more intersecting streets, or abutting a single street at
the point where the road tangents deflect by more than 45°.
A lot other than a corner lot.
Any security which may be accepted by a municipality for
the maintenance of any improvements required by this Act,[3] including but not limited to surety bonds, letters of
credit under the circumstances specified in Section 16 of P.L. 1991,
c. 256 (N.J.S.A. 40:55D-53.5), and cash.
Any subdivision not classified as a minor subdivision.
A composite of one or more written or graphic proposals for
the development of the City as set forth in and adopted pursuant to
N.J.S.A. 40:55D-28 et seq.
The chief executive of the City.
The development plan of a single lot which:
Proposes new development within the scope of
development specifically permitted by this chapter as a minor site
plan;
Does not involve planned development, any new street or extension of any off-tract improvement which is to be pro-rated pursuant to § 41-55 of this Code;
Contains the information reasonably required
in order to make an informed determination as to whether the requirements
established by this chapter for approval of a minor site plan have
been met; and
Shall be limited to the following classes of
development:
A change in use involving no building construction
other than interior modification or interior structural alteration,
and no additional off-street parking.
Minor exterior or structural changes, such as
entry enclosures, porticos and other structural appurtenances, including
roof appurtenances.
Any subdivision containing not more than three lots and which
does not involve a planned development; any new street, or the extension
of any off-tract improvement. Any lot or remaining land approved as
a minor subdivision shall not be submitted as a minor subdivision
within four years from the date of approval as a minor subdivision.
Such lot or tract may be submitted as a major subdivision with a limit
of two minor subdivisions for the resultant total tract.
See "dwelling."
The Planning Board or the City Council when acting pursuant
to the Municipal Land Use Law.
[Amended 4-11-2018 by Ord. No. 6-2018]
N.J.S.A. 40:55D-1 et seq., as amended.
Any use made by the City of Linwood of property owned or
leased by it or legally under its control by easement, license or
otherwise.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Any sign lawfully existing on the effective date of an ordinance,
or any amendment thereto, that renders such sign nonconforming because
it does not conform to all the standards and regulations of this chapter.
A structure/building, the size, dimension or location of
which was lawful prior to the adoption, revision or amendment to a
zoning ordinance, 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 use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
A recovery home that does not operate using the Oxford House
model and does not operate as a single housekeeping unit. Examples
of activities that indicate the house is a Non-Oxford House model
may include but are not limited to: residents enter into individual
leases with the owner or operator of the home for the occupancy of
their room and the common area; there is a limited number of staff
on site who will enforce rules, oversee the taking of medication,
and perform random drug screening; residents are required to attend
AA/NA meetings; residents are required to attend mandatory house meetings;
residents are prohibited from sleeping outside the house; staff enforces
a curfew; or guests are prohibited. They are rooming homes or boarding
houses.
[Added 2-23-2023 by Ord.
No. 4-2023]
Any individual, firm, association, corporation or any other
legal entity and shall include the owner or subdivider, or both, as
may be required by the City. The obligor shall be responsible for
posting and executing any required performance guaranty.
The specific purpose for which land or a building is used,
designed or maintained.
A room, group of rooms or building used for conducting the
affairs of a business, profession, service, industry or government.
A map, with changes and additions thereto, adopted and established,
from time to time, by resolution of the Board of Chosen Freeholders
of the County pursuant to N.J.S.A. 40:27-5.
A map adopted by ordinance pursuant to Article 5 of P.L.
1975, c. 291 (N.J.S.A. 40:55D-32).
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 a 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 of a street or 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.
A porch open on three sides except for wire screening. A
porch shall not be considered open if enclosed by either a permanent
or detachable glass sash.
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.
The keeping in an unenclosed area of any goods, material,
merchandise, or vehicles in the same place for more than 24 hours.
An individual, firm, association, syndicate, partnership,
or corporation having sufficient proprietary interest to seek or authorize
development of land under this chapter.
Oxford House has been authorized by Congress to provide community
living arrangements for persons with drug and alcohol addiction. It
is a recovery home in which the residents are self-governing, all
residents contribute to the maintenance and expenses of the house,
the residents determine who can reside in the house, there is no limit
to how long an individual can reside in the house, there is no addiction
treatment, therapy, or paid staff provided; the house operates as
a single housekeeping unit, and the house is not required to be licensed
by the New Jersey Department of Community Affairs.
[Added 2-23-2023 by Ord.
No. 4-2023]
Any open area, including parking spaces and access aisles
providing direct access thereto, used for the temporary storage of
automobiles and other permitted vehicles for the private use of the
owners or occupants of the lot on which the area is located.
Any open area (other than a street or other public way),
including parking spaces and aisles, used for the temporary storage
of automobiles and other permitted vehicles and available to the public,
with or without compensation, or as an accommodation for clients,
customers and employees.
A space for the off-street parking of one operable, licensed
motor vehicle within a public or private parking area.
A building or structure that because of fire, flood, explosion
or other calamity requires rebuilding, the value of which is less
than 1/2 of the building's assessed valuation.
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 under N.J.S.A. 40:55D-12.
A level, landscaped and/or surfaced area directly adjacent
to a principal building at or within 18 inches of the finished grade,
and not covered by a permanent roof.
Any security which may be accepted by the City, including
cash, provided that a municipality shall not require more than 10%
of the total performance guarantee in cash.
See "standards of performance."
Adopted by ordinance pursuant to P.L. 1975,
c. 291, Subsection 52d (N.J.S.A. 40:55D-65d) regulating noise levels,
glare, skyglow, earthborne or sonic vibrations, heat, radiation, television
or radio waves, noxious odors, toxic materials, explosive and flammable
materials, smoke and airborne particles, waste discharge, screening
of unsightly objects or conditions and such other similar matters
as may be reasonably required by the municipality; or
Required by applicable federal or state laws
or municipal ordinances.
A certificate issued to perform work under this chapter.
Any use which shall be allowed, subject to the provisions
of this chapter.
Any person to whom a permit is issued in accordance with
this chapter.
A corporation, company, association, society, firm, partnership
or joint-stock company, as well as an individual, the state and all
political subdivisions of the state or any agency or instrumentality
thereof.
A map or maps of a subdivision or site plan.
A nonmotorized storage container for on-site storage.
A water-filled enclosure permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing.
A roofed open area which may be screened, attached to or
part of a building with direct access to or from it.
The conferral of certain rights, pursuant to Sections 34,
36 and 37 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-46, 40:55D-48 and
40:55D-49), prior to final approval after specific elements of a development
plan have been agreed upon by the Planning Board and the applicant.
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.
A building in which the main use of the lot is conducted.
The office of a member of a recognized profession. When conducted
in a residential district, a professional office shall be incidental
to the residential occupation, be conducted by a member of the residential
family entirely within a residential building and include only the
offices of doctors or physicians, veterinarians, dentists, optometrists,
ministers, architects, professional engineers, lawyers, artists, authors,
musicians and other similar professional occupations which may be
so designated by the Planning Board upon findings by the Board that
the occupation is truly professional in character by virtue of the
need for similar training and experience as a condition for the practice
thereof. The issuance of a state or local license for regulation of
any gainful occupation need not be deemed conclusive of professional
standing.
[Amended 4-11-2018 by Ord. No. 6-2018]
A use which is not permitted in a zone.
A lot, parcel, or tract of land together with the building
and structures located thereon.
A master plan, capital improvement program or other proposal
for land development or any amendment thereto adopted by the appropriate
public body.
The land reserved and dedicated for the installation of stormwater
sewers or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
Improvements which the Board may deem necessary or appropriate,
including but not limited to streets, grading, pavement, gutters,
curbs, sidewalks, streetlighting, shade trees, surveyors' monuments,
water mains, culverts, storm sewers, sanitary sewers, drainage structures,
erosion control and sedimentation control devices, public improvements
of open space and, in the case of site plans, other on-site improvements
and landscaping.
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, board of education, state or county agency or other
public body for recreational or conservational uses.
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, hydrants, valves, mains or structures or sewer
pipes, together with accessories and appurtenances, maintained, operated
and conducted for the service, convenience, necessity, health and
welfare of the public.
A majority of the full authorized membership of a municipal
agency.
Release of collected or directed stormwater through soil
infiltration.
A residential environment that provides people in recovery
a safe alcohol and drug free place to live as they transition back
into the community.
[Added 2-23-2023 by Ord.
No. 4-2023]
A vehicular-type portable structure without a permanent foundation
that can be towed, hauled or driven and primarily designed as temporary
living accommodation for recreational, camping and travel use, and
including:
WATERCRAFTIncludes any type of boat, float or raft, plus the normal equipment to transport the same on the public highway.
TRAILERSThe boat, motor and trailer shall not exceed 25 feet in length.
CAMP TRAILER or FOLDING TENT TRAILERA vehicular, portable structure built on a chassis or metal-walled body unit, mounted on wheels with a superstructure made, in part or in whole, of canvas and metal frame and designed for travel, recreational and vacation uses.
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
PICKUP CAMPERA structure designed primarily to be mounted on a pickup or truck and with sufficient equipment to render it suitable for a temporary dwelling for travel, recreational or vacation uses.
TRAVEL TRAILERA vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational or vacation uses.
A place where sports, leisuretime activities and customary
and usual recreational activities are carried out.
Facilities operated by a private organization and open only
to bona fide members and guests of such organization.
Facilities operated by the City, county or other governmental
agency.
An establishment where food and drink are prepared and/or
served and consumed at tables within the principal building, including
sidewalk dining where allowed and takeout service, without facilities
for drive-through order and for drive-through pickup.
An establishment where food and drink are prepared, served
and consumed primarily within the principal building, with facilities
for drive-through order and/or drive-through pickup.
An establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state for consumption either within the restaurant building or for
carry-out with consumption off the premises and whose desire or principal
method of operation permits or encourages self-service, high-turnover
dining.
An establishment where food and/or beverages are sold in
a form ready for consumption, where all or a significant part of the
consumption takes place outside the confines of the restaurant, and
where ordering and pickup of food may take place from an automobile.
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 made
so as to combine existing lots by deed or other instrument.
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and without
necessarily rendering services incidental to the sale of such goods.
Establishments engaged in providing services for individuals,
businesses, government and other organizations and includes finance;
insurance, real estate and personal services; business services and
miscellaneous repair services; motion pictures, amusement and recreation
services; health services and educational services; social services,
museums, art galleries, botanical gardens and zoological gardens.
The lines that form the boundaries of a right-of-way.
A rooming house has the meaning set forth in N.J.S.A. 55:13B-3.
[Added 2-23-2023 by Ord.
No. 4-2023]
A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving radio waves.
Any building or part thereof which is designed, constructed
or used for the education of students up to and through the secondary
level and licensed by the State of New Jersey.
Every motor vehicle operated by, or under contract with,
a public or government or government agency, or religious or other
charitable organization or corporation, or privately operated for
compensation for the transportation of children to or from school
for secular or religious education, which complies with the regulations
of the Department of Education affecting school buses, including School
Vehicle Type I and School Vehicle Type II.
Any vehicle with a seating capacity of 17 or more, used to
transport enrolled children, and adults only when serving as chaperones,
to or from school, a school-connected activity, day camp, summer camp,
nursery school, child-care center, preschool center or other similar
places of education. Such vehicle shall comply with the regulations
of the Division of Motor Vehicles and either the Department of Education
or the Department of Human Services, whichever is the appropriate
supervising agency.
Any vehicle with a seating capacity of 16 or less, used to
transport enrolled children, and adults only when serving as chaperones,
to or from school, a school connected-activity, day camp, summer camp,
nursery school, child-care center, preschool center or other similar
places of education. Such vehicles shall comply with the regulations
of the Division of Motor Vehicles and either the Department of Human
Services, whichever is the appropriate supervising agency.
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means.
A place where gasoline or other motor fuel is offered for
sale to the public and deliveries are made directly into motor vehicles
and/or which may provide for the maintenance and service.
The required yard or distance between buildings and property
lines. Setback is measured from the property line to the furthest
protrusion of the building or structure (i.e., roof eves, overhangs,
bay windows, etc.).
That line to which a building must be set back from the property
line.
A way for carrying pedestrian traffic. It may be located
within the right-of-way provided for a street or may be located adjacent
to a property line, between lots and laid out so that it may provide
pedestrian traffic along a street or road or within a subdivision
connecting two streets.
A triangular-shaped portion of land established at intersections
in accordance with the requirements of this chapter in which nothing
shall be erected, placed, planted or allowed to grow in such a manner
as to limit or obstruct sight distance of motorists entering or leaving
the intersection.
Any device, fixture, placard or structure that uses color,
form, pictures, displays, graphics, illumination, symbols or writing
to advertise, attract attention to, announce the purpose of or identify
a person, entity or thing or to communicate any information to the
public.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as "one-way," "entrance" and "exit."
Any sign supported by structures or supports that are placed
on, or anchored in, the ground and that are independent from any building
or other structure.
A sign giving the nature, logo, trademark, or other identifying
symbol, address, or any combination of the name, symbol, and address
of a building, business, development, or establishment on the premises
where it is located.
A sign, located on the premises, giving the name or address,
or both, of the owner or occupant of a building or premises.
Any sign that is painted directly on the window glass with
permanent paint or that is mounted by bolts or screws, or otherwise
in a permanent fashion, on a permanent structure.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
A sign pertaining to the sale or lease of the premises, or
a portion of the premises, on which the sign is located.
A sign that is mounted on the roof a building or that is
wholly dependent upon a building for support and that projects above
the top walk or edge of a building with a flat roof, the eave line
of a building with a gambrel, gable or hip roof or the deckline of
a building with a mansard roof.
A sign that is not affixed to a building, structure or the
ground.
Any sign designed or intended to be displayed for a short
period of time.
Any sign attached parallel to, but within 10 inches of, a
wall, painted on the wall surface of, or erected and confined within
the limits of an outside wall of any building or structure, which
is supported by such wall or building, and which displays only one
sign surface.
Any sign that is placed within 24 inches of a window or upon
the window panes or glass and which is visible from the exterior of
the window.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
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;
Any other information that may be reasonably
required in order to make an informed determination pursuant to an
ordinance requiring review and approval of site plans by the Planning
Board, adopted pursuant to N.J.S.A. 40:55D-37 et seq.
A committee of at least three Planning Board members appointed
by the Chairman for the purpose of classifying site plans.
Deviation of a surface from the horizontal, usually expressed
in percent or degree.
All unconsolidated mineral and organic material of whatever
origin that overlies bedrock and which can be readily excavated.
Standards adopted by ordinance pursuant to Chapter 291 of
the Laws of the State of New Jersey, 1975,[4] regulating noise levels, glare, vibrations, heat, radiation,
odors, explosive and flammable matters, smoke and airborne particles,
waste discharge, screening of unsightly objects or conditions and
such other similar matters as may be reasonably required by the City
of Linwood or required by applicable federal or state laws for municipal
ordinances.
An accessory building used for the storage of items such
as, but not limited to, tools, lawn and garden equipment and furniture
and similar items of personal property belonging to the occupant of
the principal structure.
A facility or other means used to control water or runoff.
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
The area under a sloping roof where the possible floor area
with headroom of five feet or more occupies no more than 1/3 of the
floor area of the floor immediately below. Where the floor area with
a floor-to-ceiling height in excess of five feet is more than 1/3
of the floor area immediately below, it shall count as a full story.
Any street, avenue or boulevard, board, parkway, viaduct,
drive or other way which is an existing state, county or municipal
roadway or which is shown upon a plat heretofore approved pursuant
to law or which is approved by official action as provided by this
chapter or which is shown on plat duly filed and recorded in the office
of the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines. For the purpose this
chapter, streets shall be classified as follows:
Arterial streets: those which are used primarily
for fast or heavy traffic.
Secondary traffic streets: streets connecting
places of relatively dense settlement with each other and with arterial
streets and intended primarily for intermunicipal and commuter traffic.
Connector streets: those which carry traffic
from minor streets to the major system of arterial streets, including
the principal entrance streets of a residential development.
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.
The division of a lot, tract or parcel of land
into two or more lots, tracts, parcels or other divisions of land
for sale or development. The following shall not be considered subdivisions
within the meaning of this 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.
The conveyance of one or more adjoining lots,
tracts or parcels of land, owned by the same person or persons, and
all of which are found and certified by the administrative officer
to conform to the requirements of the municipal development regulations
and are shown and designated as separate lots, tracts or parcels on
the Tax Map or Atlas of the City.
The term "subdivision" shall also include the
term "resubdivision."
A map showing the boundary lines of the property and location
of existing improvements thereon, prepared by a licensed land surveyor.
A certification in lieu of oath or affidavit confirming the
accuracy of the survey.
See "patio."
Property which is the subject of a development application.
Lighting from an adjacent property which exceeds 0.1 footcandle.
See "dwelling."
The purpose or activity for which land or buildings are arranged,
designed or intended or for which land or buildings are occupied or
maintained.
The main or primary activity of any lot or parcel.
Permission to depart from the literal requirements of the
Zoning Ordinance.
Permission to depart from the requirements of this chapter
with respect to the submission of required maps or documents.
An open space that lies between the principal building or
buildings and the nearest lot line. The minimum required yard as set
forth in this chapter shall be unoccupied and unobstructed from the
ground upward except as may be specifically provided in the Zoning
Ordinance.
A space extending the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at its closest point to the front lot line. Said front yard shall
be unoccupied and unobstructed from the ground upward, except as may
be permitted elsewhere in this chapter. Corner lots shall be deemed
to have more than one front lot line.
A space extending across the full width of the lot between
the principal building and the rear lot line and measured perpendicular
to the building at its closest point to the rear lot line. Said rear
yard shall be unoccupied and unobstructed from the ground upward,
except as may be permitted elsewhere in this chapter.
A space extending from the front yard to the rear yard between
the principal building and the side lot line.[5]
A document signed by the Zoning Officer:
Which is required by ordinance as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building.
Which acknowledges that such use, structure
or building complies with the provision of the Municipal Zoning Ordinance
or variance therefrom duly authorized by the appropriate agency of
the City pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
[2]
Editor's Note: Zoning diagrams are included at the end of
this chapter.
[3]
Editor's Note: “This Act” refers to the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
[4]
Editor's Note: See N.J.S.A. 40:55D-7.
[5]
Editor's Note: The former definition of "Zoning Board," which
immediately followed, was repealed 4-11-2018 by Ord. No. 6-2018.
