The definitions set forth in the Municipal Land Use
Law (N.J.S.A. 40:55D-3 through 40:55D-7) are incorporated herein by
reference and shall prevail unless the context clearly indicates a
different meaning. For the purposes of this chapter, additional definitions
pertinent to specific subject matters are as follows:
[Amended 2-19-1998 by Ord. No. 98-4]
ACCESSORY USE OR STRUCTURE
(1)
Either a subordinate building, other structure
or tract of land or a subordinate building or other structure:
(a)
Whose use is clearly incidental to the use of
the principal building, other structure or use of land.
(b)
Which is customary in connection with the principal
building, other structure or use of land; and
(c)
Which is located on the same zoning lot with
the principal building, other structure or use of land.
(2)
The area occupied by an accessory building shall
be computed into the building area. The total area of the accessory
buildings and main building shall not exceed the permitted building
area.
(3)
Accessory buildings shall conform to all requirements
of a normal lot, except that the structure lines shall not be closer
to the street side of the corner than the building line of the main
building or as specifically set forth in the Bulk Schedule.
ACT
The Municipal Land Use Law, Chapter 291 of the Laws of New
Jersey 1975.
ADMINISTRATIVE OFFICIAL
That person or persons designated by the governing body to
administer and enforce this chapter.
ADULT BOOKSTORE
A commercial establishment that, as one of its principal
business purposes, offers for sale or rental, books, magazines, photographs,
newspapers, pictures, tapes or films that are distinguished or characterized
by their emphasis on matter depicting, describing or relating to sexual
activities or anatomical genital areas.
[Added 2-19-1998 by Ord. No. 98-4]
ADULT ENTERTAINMENT ESTABLISHMENT
A commercial establishment, with or without a liquor license,
that features topless dancers, go-go dancers, strippers or similar
entertainers for viewing by patrons. Food and beverages may be prepared
or dispensed as an accessory use to the principal use.
[Added 2-19-1998 by Ord. No. 98-4]
ADULT NOVELTY SHOP
Any business that offers for sale or rent, devises, implements,
and other sexual paraphernalia which is designed to sexually stimulate.
[Added 2-19-1998 by Ord. No. 98-4]
ALTERATION
A change or rearrangement in the structural parts or in the
existing facilities which alters the use of the building or an enlargement,
whether by extension of a side or by increasing in height or by moving
from one location or position to another. The addition or expansion
of dormers is to be considered an enlargement.
APPLICANT
A developer submitting an application for development.
APPLICATION FOR DEVELOPMENT
The application form and all accompanying documents required
by this chapter for approval of a subdivision plat, site plan, conditional
use, zoning variance or direction of the issuance of a permit pursuant
to § 25 or § 27 of the Act.
APPROVING AUTHORITY
The Planning Board of the municipality, unless a different
agency is designated by this chapter, when acting pursuant to the
authority of the Act.
BASEMENT
A story partly underground and having more than 1/2 of its
height above the average level of the finished grade at the front
of the building.
BILLBOARD
Includes any sign used to identify the product made or the
activity being pursued by an individual, service, business, commercial
or industrial enterprise for the purpose of appraising the public
of the locations of such enterprise and/or type of activity in which
it is engaged.
BOARDINGHOUSE
Any dwelling in which more than four persons, either individually
or as families, are housed or lodged for hire in one dwelling unit,
with or without meals, provided that, where the management provides
all persons so lodged or housed with a regular and accredited course
of instruction or with medical and/or nursing services under state
supervision, said dwelling shall not be construed to be a boardinghouse.
A rooming house or a furnished rooming house shall be deemed a boardinghouse.
BUFFER AREA
A solid and continuous landscaped screening area, planted
and maintained, consisting of massed trees and shrubs of such species
and size as will produce a sufficient density to obscure throughout
the full year automobile headlight glare, site noise, etc., as well
as to create an aesthetically pleasing and attractive view to mask
or obscure the use, function or structure located upon the site. Such
area may contain fences, underground utilities and earth berms, but
shall not include any principal or accessory building or use, parking
areas and aisles or storage areas, except that driveways providing
access from the street onto the site and which extend through a front
yard buffer may be included. Approved signs may also be placed in
a required buffer.
[Amended 2-19-1998 by Ord. No. 98-4]
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
The aggregate of the areas of all enclosed and roofed spaces
of the principal building and all accessory buildings, excluding protruding
cornices, eaves, gutters or chimneys.
BUILDING HEIGHT
The vertical distance measured from the curb level to the
highest point of a building, excluding structures wholly or partly
above the roof as specified herein. Where no curb elevation has been
established or where excessive slope conditions exist or where a front
yard of 25 feet in depth or more is provided, then in no case shall
the grade from which the measurements are to be made exceed the average
level of the land immediately adjacent to the building prior to any
excavation or fill.
BUILDING LINE
A line formed by intersection of a horizontal plane at average
grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered or
projected section of a building, the vertical plane will coincide
with the most projected surface. All yard requirements are measured
to the building line.
BUILDING PERMIT
The permit issued by the Construction Code official to insure
that the structure complies with the Uniform Construction Code, this
chapter, and other state, county and local ordinances applicable to
the construction itself, upon payment of the fees required by Borough
ordinances.
[Added 2-19-1998 by Ord. No. 98-4]
BUILDING, PRINCIPAL
A building or use in which is conducted the main or principal
use of the lot on which said building is situated.
BULK
The term used to describe the size and mutual relationships
of buildings and other structures and therefore includes:
(1)
The size of buildings and other structures.
(2)
The shape of buildings and other structures.
(3)
The location of exterior walls of buildings
and other structures in relation to lot lines, to the center lines
of streets, to other walls of the same building and to other buildings
or structures.
(4)
All open spaces relating to a building or structure.
CAPITAL IMPROVEMENT
A governmental acquisition of real property or a major construction
project.
CARTWAY
The section of a street, road or highway right-of-way, located
between the curblines, which is normally used by vehicular-type traffic,
commonly known as the "paved areas of the street."
CELLAR
A story wholly or partly below immediate grade or curb level
and having more than 1/2 its height, measured from floor to ceiling,
below immediate grade or curb level at the front of the building.
CERTIFICATE OF ZONING COMPLIANCE
A statement issued by the administrative official upon completion
of construction, alteration or change in occupancy or use of a building.
Said certificate shall acknowledge compliance with all requirements
of this chapter, such adjustments thereto granted by the Board of
Adjustment or Planning Board, as the case may be, and/or all other
applicable requirements.
CHILD-CARE CENTER
An institution offering the provision of supplemental parental
care and supervision for unrelated children, on a regular basis during
part or all of the day, under license by the New Jersey Department
of Human Services. The term "child-care center," as used herein, includes
the terms "infant-care center," "day nursery," "day-care center,"
"nursery school," or similar.
[Added 2-19-1998 by Ord. No. 98-4]
CHURCH
A building or group of buildings, including customary accessory
buildings, designed or intended for public worship and religious instruction,
meeting rooms and recreation facilities appurtenant thereto. For the
purposes of this chapter, the word "church" shall include chapels,
congregations, cathedrals, temples, synagogues and similar designations,
as well as parish houses, convents and such accessory uses.
CIRCULATION
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.
COMMON OPEN SPACE
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
COMMUNITY SHOPPING CENTER
An integrated development of such uses as, by way of illustration,
retail stores and shops, personal service establishments, professional
and business offices, banks, post offices, restaurants and auditoriums,
housed in an enclosed building or buildings and utilizing such common
facilities as customer parking, pedestrian walkways, truck loading
and unloading space, utilities and sanitary facilities.
COMPLETE APPLICATION
An application form completed as specified by ordinance and
the rules and regulations of the Planning Board or Zoning Board of
Adjustment, and all accompanying documents required by ordinance for
approval of the application for development.
[Added 2-19-1998 by Ord. No. 98-4]
CONDITIONAL USE
A use permitted in a particular zoning district only upon
a showing that such use in a specified location will comply with the
conditions and standards for the location or operation of such use
as contained in the Zoning Ordinance and upon the issuance of an authorization
therefor by the Planning Board.
CORNER LOT
A lot at the junction of and fronting on two or more intersecting
streets.
COURT
An open, unoccupied space either on the ground or above,
excepting the roof, and not a front yard, side yard or rear yard,
and bounded on at least two sides by a building on the same lot.
COVERAGE LOT
The ratio of the total ground floor area of buildings and
structures to the total area of the lot, expressed as a percentage.
CURB LEVEL
For any building or other structure or for any portion thereof,
the level of the curb at the center of the front of such building,
other structure or portion thereof. However, where a building or other
structure faces on more than one street, the curb level is the average
of the levels of the curbs at the center of the front on each street.
(1)
Where no curb elevation has been established,
the mean level of the land immediately adjacent to the building or
other structure, prior to any excavation or fill, shall be considered
the curb level unless the Building Inspector or Municipal Engineer
shall establish such curb level or its equivalent. When an open space
in front of any building, other structure or portion thereof is above
the curb level and also extends for a depth of five feet along the
entire frontage of the zoning lot on any street, the level of such
open space shall be considered the curb level of the established curb
in front of the building, other structure or portion thereof, measured
at the center of such front.
(2)
Where buildings or other structures, exclusive
of space used only for accessory off-street parking, occupy 35% or
less of the area of the zoning lot, the owner may elect to substitute
for the curb level any legitimate grade within such zoning lot.
DETENTION BASIN
Those areas which exist or are created for the temporary
storage of stormwater and controlled discharge of this water to a
receiving drainage system.
[Added 2-19-1998 by Ord. No. 98-4]
DEVELOPER
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.
DEVELOPMENT
The division of a parcel of land into two or more parcels;
the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure 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 this chapter.
DEVELOPMENT REGULATION
The adopted Development Ordinance of the Borough of Carteret,
including the components of a Zoning Ordinance, Subdivision Ordinance
and Site Plan Ordinance, and being the municipal regulation of the
use and development of land, or amendments thereto.
DISTRICT or ZONE
Any portion of the territory of the Borough of Carteret within
which certain uniform regulations and requirements, or various combinations
thereof, apply under the provisions of this chapter.
[Added 2-19-1998 by Ord. No. 98-4]
DIVISION
The Division of State and Regional Planning in the Department
of Community Affairs.
DRAINAGE
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development
and means necessary for water supply preservation or prevention or
alleviation of flooding.
DWELLING, ATTACHED
One dwelling unit in a line of two or more structurally joined
dwelling units, with each dwelling unit extending from the ground
to the roof, having individual access, with open space in front and
rear.
DWELLING, GARDEN APARTMENT
One or more multiple-family buildings with dwelling units
located one above the other, but not to include more than two such
units and side-to-side units, containing off-street parking, landscaped
areas and other appurtenant facilities as more fully required herein.
[Added 2-19-1998 by Ord. No. 98-4]
DWELLING, MULTIFAMILY
A building containing three or more dwelling units, including
units that are located one over the other.
[Amended 2-19-1998 by Ord. No. 98-4]
DWELLING, ONE-FAMILY
A detached building and dwelling unit used, designed for
or occupied exclusively by one family only, living as a single nonprofit
housekeeping unit. A trailer or mobile home is not a dwelling.
DWELLING, TOWNHOUSE
A one-family dwelling in a row of 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 common fire-resistant walls.
[Added 2-19-1998 by Ord. No. 98-4]
DWELLING, TWO-FAMILY
A building occupied or intended for occupancy as separate
living quarters for not more than two families, with separate access,
cooking, sleeping and sanitary facilities for the exclusive use of
the occupants of each unit, which units are separated from each other
by vertical walls to the underside of the roof or by horizontal floors;
also referred to as "duplex dwelling."
[Amended 2-19-1998 by Ord. No. 98-4]
DWELLING UNIT
One or more rooms occupied or intended for occupancy as separate
living quarters by one family or household, provided that access is
directly from the outside or through a common hall and that cooking,
sleeping and sanitary facilities are provided within the dwelling
for the exclusive use of the occupants.
[Amended 2-19-1998 by Ord. No. 98-4]
EROSION
The detachment and movement of soil or rock fragments by
water, wind, ice and gravity.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance, by
public utilities, or a municipal or other government agency, of electrical,
gas, water transmission or distribution systems or collection, communication,
water supply or sewage treatment and collection systems, including
poles, wires, mains, drains, sewers, pipes, conduits, cables, fire
alarm boxes, police call boxes, traffic signals, light stanchions,
telephone lines, hydrants and other similar equipment and accessories
in connection therewith, reasonably necessary for the furnishing of
adequate services by such public utilities or municipal or other governmental
agencies for the public health, safety or general welfare, but not
including buildings.
[Added 2-19-1998 by Ord. No. 98-4]
FAMILY
Any number of persons related by blood, marriage or adoption
or living together as a single housekeeping unit.
[Amended 2-19-1998 by Ord. No. 98-4]
FENCE
An artificially constructed barrier erected for the enclosure
of yard areas. Said "fence" shall not exceed six feet in height, except
in industrial zones. In residential zones, an open-mesh fence may
be erected around tennis courts to a height not to exceed 12 feet.
FILLING STATION
Any establishment supplying and selling for profit gasoline
or other motor fuel or oil direct to motor vehicles from a pump located
outside a building on a private property. A filling station may include
a convenience store.
[Amended 6-16-2011 by Ord. No. 11-13]
FILLING STATION CANOPY
A filling station canopy is a permanent, unenclosed roof
structure erected for the purpose of sheltering station attendants
and customers, motor vehicles, fuel pumps and fuel pump islands from
the weather.
[Added 6-16-2011 by Ord. No. 11-13]
FINAL APPROVAL
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.
FINAL PLAT
The final map of all or a portion of the subdivision which
is presented to the Planning Board for final approval in accordance
with these regulations and which, if approved, shall be filed with
the proper county recording officer.
FLOOD FRINGE
That portion of the flood hazard area outside of the floodway.
FLOOD HAZARD AREA
The rivers or other watercourses and adjacent land areas
subject to inundation, as defined by the New Jersey Department of
Environmental Protection and Energy, in the case of the design flood.
These areas include but are not necessarily limited to the floodway
and flood fringe areas as delineated on the Flood Insurance Study
for the Borough of Carteret, with accompanying Flood Insurance Rate
Maps and Flood Boundary Maps prepared by the Federal Emergency Management
Agency.
[Amended 2-19-1998 by Ord. No. 98-4]
FLOODWAY
The channel of a natural stream and portions of the floodplain
adjoining the channel which are reasonably required to carry and discharge
the floodwater or flood flow of any natural stream. This shall constitute
the portions of the floodplain needed for the passage of the floodway
design flood without an appreciable rise in the water surface profile.
FLOOR AREA
The sum of the gross horizontal areas of the several floors
of a building or buildings, measured from the exterior faces of exteriors
walls or from the center line of walls separating two buildings.
(1)
The floor area of a building or buildings shall
include:
(a)
Floor space used for mechanical equipment with
structural headroom of seven feet six inches or more.
(b)
Attic space where a floor has actually been
laid, providing structural headroom of seven feet six inches or more.
(c)
Interior balconies and mezzanines.
(2)
However, the floor area of a building shall
not include:
(a)
Cellar space, except that cellar space used
for retailing shall be included for the purpose of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
(b)
Elevator and stair bulkhead, accessory water
tanks and cooling towers.
(c)
Floor space used for mechanical equipment, with
structural headroom of less than seven feet six inches.
(d)
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet six
inches.
(f)
Terraces, breezeways and open porches.
(g)
Accessory off-street parking spaces.
FLOOR AREA RATIO
The floor area of the building or buildings on any zoning
lot divided by the area of that zoning lot, all in square feet.
GARAGE, PRIVATE
A building or space accessory to the principal building which
provides the storage of motor vehicles and in which no occupation,
business or service for profit is carried on.
GARAGE, PUBLIC
Any garage other than a private garage, available to the
public, operated for gain and which is used for the equipping, adjusting,
storage, rental, repair, inspecting, greasing, washing, polishing
or other cleaning, maintenance and servicing of automobiles or other
motor vehicles, including the supply of gasoline or oil or other fuel
for the vehicular propulsion. This term shall include gasoline filling
and motor vehicle service stations and all gasoline and oil pumps
maintained in conjunction therewith but shall not be construed to
include motor vehicle showrooms for new or used motor vehicles.
GRADE, FINISHED
The completed surfaces of lawns, walks and roads brought
to grades as shown on municipally reviewed plans or designs conforming
to established municipal standards.
GROSS FLOOR AREA
The sum of the gross horizontal areas of the floor or several
floors of a building enclosed, measured between the inside face of
exterior walls or from the center lines of walls separating two units,
having a clear ceiling height of four feet, but no more than 10% of
the floor area shall have a ceiling height less than the prescribed
ceiling height for the type of building concerned in the Building
Code. Any cellar, basement, garage space or accessory building
is not to be included in computing gross floor area.
GROSS LOT AREA
An area of land which is determined by the limits of the
lot lines bounding that area and expressed in terms of square feet
or acres. Any portion of a lot included in a street right-of-way shall
not be included in calculating lot area.
HISTORIC SITE
Any building, structure, area or property that is significant
in the history, architecture, archaeology or culture of this state,
its communities or the nation and has been so determined.
HOME OCCUPATION
An occupation or a profession which:
(1)
Is customarily carried on in a dwelling unit
or in a building or other structure accessory to a dwelling unit;
(2)
Is carried on by a member of the family residing
in the dwelling unit for residential purposes;
(3)
Is clearly incidental and secondary to the use
of the dwelling unit for residential purposes; and
(4)
Conforms to the following additional conditions:
(a)
The occupation or profession shall be carried
on wholly within the principal building, or within a building or other
structure accessory thereto, but limited to no more than 1/4 of the
total gross floor area of the building.
(b)
Not more than two persons outside the family
shall be employed in the home occupation.
(c)
There shall be no exterior display, no exterior sign (except as permitted under §
160-113, Signs), no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal buildings.
(d)
No offensive noise, vibration, smoke, dust,
odors, heat or glare shall be produced.
(e)
A home occupation may be open to the public
between 8:00 a.m. and 8:00 p.m. but shall not be open on Sundays and
legal holidays.
[Added 2-19-1998 by Ord. No. 98-4]
(5)
Includes the following and other clearly similar
type uses:
[Added 2-19-1998 by Ord. No. 98-4]
(a)
Musical, voice, dance, acting, art and tutoring
limited to one pupil at a time.
(b)
Studio art, painting, graphics and drafting.
(c)
Typing resume service and other related services.
(e)
Home office of the resident of the premises.
(6)
Prohibits the following and other clearly similar
type uses:
[Added 2-19-1998 by Ord. No. 98-4]
(a)
Medical and dental offices.
(b)
Barbershops and beauty parlors.
(c)
Catering and delivering services.
(e)
Boarding homes, bed-and-breakfast or tourist
homes offering lodging on a temporary basis.
(f)
Music and dancing schools.
(g)
Motor vehicle and lawn motor repairs.
HOSPITAL
A centralized facility providing comprehensive medical, surgical,
diagnostic, nursing and medical-education services for the ill or
injured temporarily lodged or periodically treated therein.
HOTEL
A building containing rooms used, rented or hired out to
be occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or as an
accessory building.
IMPERVIOUS COVERAGE
Any material which reduces or prevents absorption of stormwater
into land and which reduces percolation to a rate slower than 120
minutes per inch.
[Added 2-19-1998 by Ord. No. 98-4]
IMPROVED LOT COVERAGE
The percentage of lot area which is improved with principal
and accessory buildings, structures and uses, and including but not
limited to driveways, tennis courts, parking areas, garages, walkways,
patios, loading areas, hard surfaces or other man-made improvements.
Detention or retention basins shall be excluded from such calculations,
provided that the same is constructed of natural materials.
[Added 2-19-1998 by Ord. No. 98-4]
INTERESTED PARTY
In the case of 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 under any other law of this state or of the United States
or whose rights have been denied, violated or infringed by an action
or a failure to act under this chapter.
JUNKYARD
An area or structure used for the collection, storage, buying,
trading or abandonment of any refuse and/or discarded material or
the dismantling, demolition, salvaging, or abandonment of machinery
and/or motor vehicles. This definition shall not include resource
recovery, conservation, recycling and industrial processing of waste
materials, whereby the temporary storage of materials is undertaken
while awaiting recovery processing. This definition also excludes
the deposit of domestic, commercial, industrial or sanitary waste
or garbage within or on a municipally approved site.
LABORATORY
A structure or room equipped for conducting scientific experiments,
analyses, examinations, research, testing and/or other experimental
technical work.
LAND
Includes improvements and fixtures on, above or below the
surface.
LOADING SPACE or LOADING AREA
An off-street space or berth on the same lot with a building
or a group of buildings, for temporary parking of a commercial vehicle
while loading or unloading materials or equipment.
[Added 2-19-1998 by Ord. No. 98-4]
LOT
A designated parcel, tract or area of land established by
a plat or otherwise, as permitted by law, and to be used, developed
or built upon as a unit.
[Amended 2-19-1998 by Ord. No. 98-4]
LOT AREA
The total horizontal area of land which is determined by
the limits of the lot lines bounding that area and expressed in terms
of square feet or acres. Any portion of a lot included in a public
right-of-way shall not be included in calculating lot area.
LOT DEPTH
The mean distance between its mean front line and its mean
back lot line.
LOT FRONTAGE
The portion nearest the street or coexistent with a street
right-of-way and being the portion of the lot to be used as the front
of the lot and front yard. For the purpose of determining yard requirements
on corner lots and through lots, all sides of a lot adjacent to streets
shall be considered frontage, and yards shall be provided as indicated
under the definitions of "yards" in this section. In odd-shaped or
triangular-shaped lots, the length of frontage may be considered to
be 50% of the required lot width provided at the street right-of-way
line.
LOT LINE, FRONT
Any lot line sharing commonality and coexistent with a street
right-of-way line. All lot lines coincident with street right-of-way
lines shall be considered front lot lines.
LOT LINE, REAR
Any lot line, other than a street line, which is parallel
to the front line or within 45º of being parallel to the front
lot line. A rear lot line shall also include any lot lines on an offset
to a through lot which constitutes the rear lot line of an adjacent
zoning lot.
LOT LINE, SIDE
Any lot line which is not a front lot line or a rear lot
line.
LOT OF RECORD
Any lot which is part of a subdivision recorded in the office
of the County Clerk, or a lot or parcel described by metes and bounds,
the description of which has been so recorded.
LOT WIDTH
The horizontal distance between straight lines connecting
front and rear lot lines at each side of the lot, measured parallel
or nearly so to the front and rear lines so determined and across
the rear of the required front yard; provided, however, that width
between side lot lines at their foremost points (where they intersect
with the street right-of-way line) shall not be less than 80% of the
required lot width, except in the case of lots on the turning circle
of culs-de-sac, where a requirement of 50% shall apply.
LOT, ZONING
For zoning purposes, as covered by this chapter, a parcel
of land of at least sufficient size to meet minimum zoning requirements
for use, coverage and area and to provide such yards and other open
spaces as are herein required. Such lot shall have frontage on an
improved public street and shall be only the lands designated as the
tract to be used, developed, occupied or built upon and may consist
of:
(2)
A portion of a lot of record.
(3)
A combination of complete lots of record, of
complete lots of record and portions of lots of record or of portions
of lots of record.
(4)
A parcel of land described by metes and bounds,
provided that in no case of division or combination shall any residual
lot or parcel be created which does not meet the requirements of this
chapter.
MAINTENANCE GUARANTY
Any security, other than cash, which may be adopted for the
maintenance of any improvements required by this chapter.
MAJOR SUBDIVISION
All subdivisions involving any multiple dwellings, garden
apartments or two or more acres and all other subdivisions not classified
as minor subdivisions.
MANUFACTURING
The treatment or processing of raw products and the production
of articles or finished products from raw or prepared materials by
giving them new forms or qualities.
MASTER PLAN
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of the Act.
MINOR SITE PLAN
A site plan for a development or building alteration requiring
fewer than 10 parking spaces as required in this chapter, containing
less than 2,500 new or additional square feet of floor area, or less
than 5,000 square feet or 15,000 square feet for storage tanks in
an industrial zone, and not having more lot coverage than as per in
the Bulk Schedule.
MINOR SUBDIVISION
A subdivision which shall meet the following requirements:
(1)
It shall contain not more than three lots.
(2)
It shall have frontage on an existing street.
(3)
It shall not involve any new street or road
or the extension of municipal facilities.
(4)
It shall be less than two acres.
(5)
It shall not adversely affect the development
of the remainder of the parcel or adjoining property.
(6)
It shall not be in conflict with any provisions
or portions of the Master Plan, Official Map, Zoning Article or this
chapter.
MOTEL
A series of rental units, with individual entrances from
the building to each unit, operated as a single business for the purpose
of providing lodging to transient guests. An office and single dwelling
unit may be provided in conjunction with operation of a motel.
MULTIFAMILY HOUSING DEVELOPMENT
A building containing three or more dwelling units occupied
or intended to be occupied by persons living independently of each
other, or a group of such buildings.
[Added 3-8-1994 by Ord. No. 94-9]
NONCONFORMING BUILDING
A building which, in its design or location upon a lot, was
lawful prior to the adoption, revision or amendment of the Zoning
Ordinance, but fails to conform to the regulations of this chapter
for the zone in which it is located by reason of such adoption, revision
or amendment.
[Amended 4-19-1990 by Ord. No. 90-16]
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the 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.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the 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.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of the 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.
OCCUPANCY
The specific purpose for which land or a building is used,
designated or maintained or intended to be used, designated or maintained.
OFFICIAL MAP
A map adopted by ordinance pursuant to Article 5 of the Act.
OFF-SITE
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application or contiguous portion of a street or
right-of-way.
OFF-STREET PARKING SPACE
An off-street parking area for passenger vehicles, including
the storage area of each vehicle and necessary maneuvering area of
each vehicle. Space for maneuvering incidental to parking or unloading
shall not encroach upon any public way. Every off-street parking facility
shall be accessible from a public way.
OFF-TRACT
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.
ON-SITE
Located on the lot in question.
ON-TRACT
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
OPEN-SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such "open space," provided that
such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements that are designed
to be incidental to the natural openness of the land.
PARCEL
One or more lots or parts thereof.
PARKING LOT
An open unenclosed area used for the storage of any type
of vehicle, which area is available to the general public or specific
users, operated with or without a fee, and which area is not directly
operated as a required accessory use incidental to an active permitted
principal use. Any parking lot not operated as a required accessory
use to an active permitted principal use shall be deemed a conditional
use under this chapter.
PARKING SPACE
An off-street space available for the parking of a motor
vehicle.
PARTY IMMEDIATELY CONCERNED
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.
PATIO
A level, landscaped, and/or surfaced area directly adjacent
to a principal building, which will be no more than one step up, as
defined by BOCA, at its maximum distance from the finished grade.
Such structures which are more than one step up, as defined by BOCA,
shall be considered a deck.
[Added 2-19-1998 by Ord. No. 98-4]
PERFORMANCE GUARANTY
Any security which may be accepted by the municipality, including
cash, provided that the municipality shall not require more than 10%
of the total performance guaranty in cash.
PERFORMANCE STANDARD
A criterion established to control noise, odor, smoke, toxic
or nontoxic matter, vibration, fire and explosion hazards, glare or
heat generated by or inherent in uses of land or buildings.
[Added 2-19-1998 by Ord. No. 98-4]
PHILANTHROPIC USES
Those active services or functions exclusively devoted to
the active effort to promote human welfare, maintained or supported
by act or gift or organized distribution of funds.
PLANNING BOARD
The Planning Board established pursuant to Section 14 of
Chapter 291 of Laws of 1975.
PRELIMINARY APPROVAL
The conferral of certain rights prior to final approval after
specific elements of a development plan have been agreed upon by the
Planning Board and the applicant.
PRELIMINARY FLOOR PLANS AND ELEVATIONS
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.
PRELIMINARY PLAT
The preliminary map indicating the proposed layout of the
subdivision which is submitted for Planning Board consideration and
tentative approval and the requirements of this chapter.
PREMISE
A lot containing a building or structure.
PROFESSIONAL OFFICE
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 Zoning 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 and that the practice of the occupation shall in no way adversely
affect the safe and comfortable enjoyment of property rights in any
zone to a greater extent than for the professional activities herein.
The issuance of a state or local license for regulation of any gainful
occupation need not be deemed indicative of professional standing.
PROFESSIONAL OFFICE/HOME
The office, studio or occupational room of a physician, surgeon,
dentist, architect, artist, musician, professional engineer, lawyer
or similar person arranged in order that:
(1)
Such use is conducted entirely within a dwelling
which is a bona fide residence of the principal practitioner.
(2)
No other persons are engaged in the occupation
except not to exceed two employees.
(3)
Such use does not occupy more than 25% of the
net livable floor area of the dwelling.
PROPERTY LINE
A lot or parcel line that defines the limits of ownership.
PUBLIC AREAS
(1)
Public parks, playgrounds, trails, paths and
other recreational areas.
(2)
Other public open spaces.
(3)
Scenic and historic sites.
(4)
Sites for school and other public buildings
and structures.
PUBLIC DEVELOPMENT PROPOSAL
A Master Plan, capital improvement program or other proposal
for land development adopted by the appropriate public body, or any
amendment thereto.
PUBLIC DRAINAGEWAY
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 channel and providing for the flow of water to
safeguard the public against flood damage, sedimentation and erosion.
PUBLIC OPEN SPACE
An open space area conveyed or otherwise dedicated to a municipality,
municipal agency, Board of Education, state or county agency or other
public body for recreational or conservational uses.
QUASI-PUBLIC
Facilities such as but not limited to religious organizations,
veterans organizations, fraternal organizations and other institutions
or organizations of similar type but not necessarily belonging to
the aforementioned categories.
QUORUM
A full majority of the full authorized membership of a municipal
agency.
RESEARCH, EXPERIMENTAL AND TESTING LABORATORIES
An establishment or other facility for copying or investigation
in the natural, physical or social sciences, or engineering, and development
as an extension of investigation with the objective of creating end
products.
[Added 2-19-1998 by Ord. No. 98-4]
RESIDENTIAL DENSITY
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
RESTAURANT
Any establishment, however designated, regularly and principally
used for the purpose of providing meals to the public, having an adequate
kitchen and dining room equipped for the preparing, cooking and serving
of foods for its customers and in which no other business, except
such as is incidental to such establishment, is conducted. However,
a snack bar at a public or community recreational facility operated
solely by the public agency controlling the recreation facility for
the convenience of the patrons of the facility, shall not be deemed
a restaurant for purposes of this chapter.
RESTAURANT, DRIVE-IN
An establishment where patrons are served prepared foods,
soft drinks, ice cream and similar confections for principal consumption
outside the confines of the principal building or in automobiles parked
upon the premises, regardless of whether or not, in addition thereto,
seats or other accommodations are provided for the patrons.
RESUBDIVISION
(1)
The further division or relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law; or
(2)
The alteration of any streets or the establishment
of any new streets within any subdivision previously made and approved
or recorded according to law, but does not include conveyances so
as to combine existing lots by deed or other instrument.
RETAIL SHOPPING CENTERS
Integrated commercial developments consisting of such uses
as retail stores and shops, personal service establishments, department
stores, professional and business offices, banks, post offices, restaurants,
theaters, and auditoriums housed in an enclosed building or buildings
and utilizing such common facilities as customer parking areas, pedestrian
walks, truck loading and unloading space, utilities and sanitary facilities
and other necessary and appropriate accessory uses, subject to and
in conformance with the regulations cited herein.
[Added 2-19-1998 by Ord. No. 98-4]
RETAIL STORE
An establishment with a primary purpose of the sale of goods
or articles individually or in small quantities directly to the consumer.
RETAIL TRADE
An establishment engaged in selling goods or merchandise
to the general public and rendering services incidental to the sale
of such goods.
[Added 2-19-1998 by Ord. No. 98-4]
RETENTION BASIN
Those areas which exist or are created for the storage of
stormwater and absorption of this water into the ground.
[Added 2-19-1998 by Ord. No. 98-4]
RIGHT-OF-WAY
The horizontal and vertical area delimited by a line coexistent
with the property line of other lands or rights-of-way. Such lands
may be of public holding for a road or highway or public utility use
or private holding for the location of private, commercial, collective
or distributive provision of utilities.
SATELLITE DISH ANTENNA
A parabolic or dish-shaped antenna or any other apparatus
or device that is designed for the purpose of receiving radio waves.
[Added 2-19-1998 by Ord. No. 98-4]
SCHOOL
A public, parochial or private nursery, elementary, secondary,
college or university educational institution offering a diploma or
degree subject to regulations prescribed by the State of New Jersey,
Department of Education, supported in whole or part by public funds
and nonprofit quasi-public agencies.
SEDIMENTATION
The deposition of soil that has been transported from its
site of origin by water, ice, wind, gravity or other natural means
as a product of erosion.
SERVICE ESTABLISHMENTS
Service establishments shall include the following:
[Added 2-19-1998 by Ord. No. 98-4]
(1)
BUSINESS SERVICESEstablishments primarily engaged in rendering services to business establishments on a fee or contract basis, such as advertising and mailing, employment services, management and consulting services, development and testing, photo-finishing, copying and supply services.
(2)
PERSONAL AND HOUSEHOLD SERVICESEstablishments primarily engaged in providing personal/household services, including photographic studios, beauty shops, barbershops, shoe repair, clothing repair and rental shops; on-premises repair of small household appliances; and instructional classes limited to dance, karate and similar activities, music and ceramic classes; provided, however, that mortuary services and dry-cleaning establishments are specifically excluded.
SHOPPING CENTER
A regionally oriented group of integrated developments devoted
to retail, service and entertainment activities housed in an enclosed
building or buildings and utilizing such common facilities as customer
and employees parking areas, pedestrian walk areas, utilities, loading
and unloading space, common open areas and such other appropriate
necessary and appropriate accessory uses.
SIGHT TRIANGLE
A triangular area abutting two intersecting streets where
vision is unobstructed. The sight triangle is formed by the intersecting
street side lines and a line connecting a point on each side line
a set distance from the intersection.
SIGN
Any structure or part thereof or device or object attached
thereto or painted or represented thereon, either permanently or temporarily
fixed or portable, which shall display or include any letter, word,
model, banner, flag, pennant, insignia, device or representation used
as or which is in the nature of an announcement, direction or advertisement.
For the purpose of this chapter, the word "sign" does not include
the flag, pennant, or insignia of any nation, state or city. An advertising
sign is a sign which directs attention to a business, commodity, service
or entertainment conducted, sold or offered elsewhere than upon the
same zoning lot. A "for sale" or "to let" sign relating to the zoning
lot on which it is displayed shall be deemed a "business sign." All
political signs, seasonal signs or signs advertising bazaars, fairs,
circuses, carnivals, etc., or other occasional signs shall be displayed
not more than 60 days prior to nor more than 10 days subsequent to
the election, seasonal event or occurrence advertised and shall not
exceed four feet by four feet. Responsibility for the removal of such
political, seasonal or occasional signs shall be that of the person,
firm, corporation, organization or activity advertised.
SIGN AREA
The area included within the frame or edge of the sign. Where
the sign has no such frame or edge, the area shall be defined by an
enclosed four-sided (straight sides) geometric shape which most closely
outlines said signs.
SITE PLAN
A development plan of one or more lots on which is shown
details required pursuant to this chapter in order to make an informed
determination pursuant to the review and approval of site plans by
the Planning Board pursuant to Article 6 of the Act.
SKETCH PLAT
A map of a subdivision of sufficient accuracy to be used
for the purpose of discussion and classification of the application.
STANDARDS OF PERFORMANCE
Standards:
(1)
Adopted by ordinance 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 and unsightly
objects or conditions and such other similar matters as may be reasonably
required; or
(2)
Required by applicable federal or state laws
or other municipal ordinances.
STORY
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it except a cellar. Any
floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a story, and,
if less than two feet below the top plate, it shall be counted as
a half story.
STORY, HALF
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which on at least two opposite exterior walls
are not more than two feet above the floor of such half story. A cellar
shall also be included as a half story.
STREET
Any road, avenue, street, lane, boulevard, alley or other
way set aside or commonly used for access to abutting property, improved
or unimproved. Such common ways shall have been duly inspected, approved,
accepted and recorded and dedicated to the public use.
STREET LINE
That line determining the limit of the rights of the public,
either existing or contemplated. Where a definite right-of-way width
has not been established, the street line shall be assumed to be at
a point 25 feet from the center line of the existing pavement.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land.
SUBDIVISION
(1)
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:
(a)
Divisions of land found by the Planning Board
or Subdivision Committee thereof appointed by the Chairman to be for
agricultural purposes where all resulting parcels are five acres or
larger in size.
(b)
Divisions of property by testamentary or intestate
provisions.
(c)
Divisions of property upon court order.
(d)
Conveyances so as to combine existing lots by
deed or other instrument.
(2)
The term "subdivision" shall also include the
term "resubdivision."
TAVERN
A place of business where the principal use or function is
the selling of alcoholic beverages, and, incident thereto, the retail
sale or consumption of food is permitted.
THROUGH LOT
An interior lot which runs unobstructed from one street to
another.
TOWER APARTMENT
A building not less than three stories above the curb level
nor more than seven stories above the curb level, providing at least
one elevator for the first eight stories and further providing at
least two elevators for any building nine stories or more above curb
level.
USABLE OPEN SPACE
Includes only that part of the ground area of a residential
zoning lot:
(1)
Which is devoted to outdoor recreational space,
greenery and service space for household activity (such as clothes
drying) which is normally carried on outdoors;
(2)
Which conforms to the minimum dimension prescribed
for the appropriate district;
(3)
Which is not devoted to private roadways open
to vehicular transportation, accessory off-street parking space or
accessory off-street loading berths;
(4)
In which there are no structures on the ground,
except structures which impose only very limited restrictions, such
as fire escapes, flagpoles, etc.;
(5)
Which is unobstructed between the permitted
level of the rear yard and the sky;
(6)
Which, when above grade, is safe and adequately
surfaced and protected; and
(7)
Which is accessible and available at least to
all occupants of dwelling units for whose use the space is required.
USE
The term employed to refer to any purpose for which buildings,
other structures or land may be maintained or occupied, arranged,
designed or intended; and any occupation, business, activity or operation
carried on, or intended to be carried on, in a building or other structure
or on land; or a name of a building, other structure or tract of land
which indicates the purpose for which it is arranged, designed, intended,
maintained or occupied.
VARIANCE
Permission to depart from the literal requirements of the
Zoning Ordinance pursuant to Section 47 and Subsections 29.2b, 57c
and 57d of the Act.
WAREHOUSE
A building used primarily for the storage of goods and/or
materials.
[Added 2-19-1998 by Ord. No. 98-4]
WETLANDS
Those areas that are inundated by surface or ground water
with a frequency sufficient to support and, under normal circumstances,
that do or would support a prevalence of vegetative or aquatic life
that requires saturated or seasonally saturated soil conditions for
growth and reproduction. "Wetlands" include but are not limited to
swamps, marshes, bogs and similar areas such as slough, potholes,
wet meadows, river overflows, mud flats and natural ponds. "Wetlands"
shall include but not be limited to those shown on the United States
Department of Interior wetlands maps or similar maps published by
the New Jersey Department of Environmental Protection.
[Added 2-19-1998 by Ord. No. 98-4]
YARD, FRONT
An open space extending the full width between side lot lines
across the front of a lot between the street line and the front line
of the building projected to the side lines of that lot, left unoccupied.
(1)
In any required front yard, except in industrial
zones, no fence or wall shall be permitted which materially impedes
vision across such yard above the height of three feet, and no hedge
or other vegetation shall be permitted which materially impedes vision
across such front yard.
[Amended 2-19-1998 by Ord. No. 98-4]
(2)
In the case of through lots, unless the prevailing
front yard pattern on adjoining lots indicates otherwise, front yards
shall be provided on all frontages. Where one of the front yards that
would normally be required on a through lot is not in keeping with
the prevailing yard patterns, the administrative official may waive
the requirement for the normal front yard and substitute therefor
a special yard requirement which shall not exceed the average of the
yards provided on adjacent lots.
(3)
In the case of corner lots which do not have
reversed frontage, a front yard of the required depth shall be provided
in accordance with the prevailing yard pattern, and a second front
yard of the depth required for front yards in the district shall be
provided on the other frontage.
(4)
In the case of reversed-frontage corner lots,
a front yard of the required depth shall be provided on either frontage,
and a second front yard of the depth required for front yards in the
district shall be provided on the other frontage.
(5)
In the case of corner lots with more than two
frontages, the administrative official shall determine the front yard
requirements, subject to the following limitations:
(a)
At least one front yard shall be provided having
the full depth required in the district.
(b)
No other front yard on such lot shall have less
than the full depth required.
(6)
Depth of required front yards shall be measured
at right angles to a straight line adjoining the foremost points of
the side lot lines. The foremost point of the side lot line, in the
case of rounded property corners at street intersections, shall be
assumed to be the point at which the side and front lot lines would
have met without such rounding. Front and rear front yard lines shall
be parallel. No storage of vehicles shall be permitted upon this open,
front yard area.
YARD, REAR
An open space extending across the full width of the rear
of the lot between inner side yard lines.
(1)
In the case of through lots and reversed-frontage
corner lots, there will be no rear yard.
(2)
In the case of corner lots with normal frontage,
the rear yard shall extend from the inner side yard line of the side
yard adjacent of the interior lot to the rear line of the front yard.
(3)
Depth of required rear yards shall be measured
at right angles to a straight line joining the rearmost points of
the building and the rearmost point of the side lot lines. The forward
rear yard line of a required rear yard shall be parallel to the straight
line so established.
YARD, SIDE
An open space extending from the rear line of the required
front yard to the rear lot line.
(1)
In the case of through lots, side yards shall
extend from the rear lines of the front yard required.
(2)
In the case of corner lots with normal frontage,
there will be only one side yard, adjacent to the interior lot.
(3)
In the case of corner lots with reversed frontage,
the yards remaining after the full depth front yards have been established
shall be considered to be side yards.
(4)
Width of required side yards shall be measured
at right angles to a straight line joining the ends of front and rear
lot lines on the same side of the lot. The inner side yard line of
a required side yard shall be parallel to the straight line so established.
ZONING OFFICER
The Building Inspector or such other official as may be designated
and appointed by the governing body.
ZONING PERMIT
A document signed by the Zoning Officer:
(1)
Which is required by this chapter as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building; and
(2)
Which acknowledges that such use, structure
or building complies with the provisions of the Zoning Ordinance or
variance therefrom duly authorized by the municipal approving agency.