Words and phrases used in this chapter are used
as defined in the Municipal Land Use Law.[1]
[1]
Editor's Note: See N.J.S.A. 40:55D-1 et seq.
For purposes of this chapter, certain phrases
and words are defined as follows:
A way or means of approach to provide vehicular or pedestrian
physical entrance to a property.
A use or structure which:
Is clearly incidental to and customarily found
in connection with a principal use or building;
Is subordinate to and serves a principal building
or principal use;
Is subordinate in area, extent, or purpose to
the principal building or principal use served;
Contributes to the comfort, convenience, or
necessity of the occupants, business, or industry in the principal
building or principal use served; and
Is located on the same lot as the principal
building or use served.
The development of a new use for an older building or for
a building originally designed for a special or specific purpose.
An extension or increase in the floor area or the height
of a building or structure.
A lot or parcel of land that shares all or part of a common
lot line with another lot or parcel of land.
An establishment consisting of, including, or having the
characteristics of any or all of the following:
ADULT ARCADEAn establishment where, for any form of consideration, one or more motion picture or similar broadcast machines for viewing by five or fewer people each are used to show films, videos, or other photographic reproductions that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE OR RETAIL STOREAn establishment having as a portion of its stock-in-trade books, magazines, other periodicals, motion pictures and other viewing materials which are distinguished or characterized by their emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas; or an establishment with a segment or section of the premises devoted to the sale, rental or display of such material; or an establishment having a segment or section of the premises devoted to the sale, rental or display of instruments, devices, or paraphernalia which are designed for use in connection with specified sexual activities.
[Amended 10-7-2002 by Ord. No. 1300; 7-3-2006 by Ord. No.
1408]
ADULT CABARETA nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, videos, or other photographic reproductions in which the substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTION-PICTURE THEATERA building used for presenting material distinguished or characterized by an emphasis on matters depicting, describing or relating to specified sexual activities, sexual conduct or specified anatomical areas for observations by patrons therein.
An existing or proposed condition on a site proposed for
development or on off-tract property or facility that imposes, aggravates
or leads to inadequate, impractical, unsafe, unsatisfactory, unhealthy,
or noncomplying conditions, such as a layout inconsistent with the
zoning regulations; insufficient street width; unsuitable street grade;
an unsuitable street location; an inconvenient street system; inadequate
utilities, such as water, drainage, shade trees and sewerage; unsuitable
size, shape and location of any area reserved for public use or land
for open space in a planned development; infringement upon land designated
as subject to flooding; and the creation of conditions leading to
soil erosion by wind or water from excavation or grading, all as set
forth in N.J.S.A. 40:55D-38 and measured against the design and performance
standards of this chapter.
See "farm stand."
The traveled way by which cars enter and depart parking spaces
A minor or service roadway which affords only a secondary
means of public access to abutting property and not intended for general
traffic circulation.
As applied to a building or structure, any change in the
appearance or rearrangement in the supporting members, structural
parts, doors, windows, means of ingress or egress of an existing building;
or an enlargement, whether horizontally or vertically; or the moving
of a building or structure from one location or position to another.
[Amended 8-1-2016 by Ord.
No. 1601]
A devise used to transmit and/or receive radio, electromagnetic,
or digital signals between terrestrial and/or orbitally based structures.
One or more rooms with a private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
containing three or more such dwelling units.
A single dwelling unit that has been added onto or created
within a single-family house or accessory structure to a single-family
house.
A person submitting an application for development.
An application form and all accompanying documentation required
by this chapter for approval of a site plan, subdivision, planned
development, conditional use, zoning variance, change in use, or direct
issuance of a permit pursuant to N.J.S.A 40:55D-34 and 40:55D-36.
Any board, body, or another authority within the Borough
to approve or disapprove applications for development as outlined
in the Municipal Land Use Law and this chapter.
See "senior citizen housing."
That part of the building that is immediately below and wholly
or partially within the roof framing.
Any premises, lot, building or structure used for repairing
or servicing of motor vehicles, including painting, body repair, and
oil changes.
The use of any building, land, or other premises for the
display and sales of new or used automobiles, panel trucks or vans,
including any preparation or repair work conducted as an accessory
use only. See also "Vehicle sales."
Any building, land area, or other premises used for the retail
dispensing or sales of automobile fuels, which activity may or may
not be accompanied by accessory uses such as sales of lubricants,
tires, accessories, or supplies; minor repairing of automobiles; or,
a single-bay car wash. Automobile wrecking and storage, major repairing
of automobiles, automobile parking/storage for fee, and operation
of more than one towing vehicle are not considered accessory uses
of an automotive service station.
An automotive service station that includes a building, or
part of a building, of less than 1,000 square feet of area, for the
sale of prepackaged food products, sandwiches, household products
and other goods, normally associated with a convenience store.
Any building or premises which is devoted to the business
of washing automobiles for a fee, whether by automated cleaning devises
or otherwise.
The dismantling or disassembling of motor vehicles or trailers
or the storage, sale, or dumping of dismantled, obsolete, or wrecked
vehicles or their parts.
An establishment in which the primary use is the retail sale
and serving of alcoholic beverages to the general public and where
food and packaged goods may be served or sold only as an accessory
use.
A story of a building, partially underground, having at least
1/2 its height above the average level of adjoining ground. A basement
shall be counted a story for the purpose of height measurement if
the vertical distance between the ceiling and the average level of
the adjoining ground is more than five feet or if used for business
or dwelling purposes. See also "cellar."
A owner- or operator-occupied house, or portion thereof,
where short-term, transient lodging rooms, meals (generally breakfast),
and parking are provided. The number of lodging rooms to be occupied
by guests shall not exceed five, and the maximum consecutive stay
for any guest shall be fourteen days.
A mound of earth used as a physical barrier to shield and
buffer uses and views, to control water drainage, or to act as a dam.
A sign that identifies or communicates an advertisement related
to an activity conducted, a service rendered, or a commodity sold
at a location other than where the sign is located.
An owner-occupied house with nontransient lodging for two
to five persons, where meals, personal, and financial service may
be offered for compensation.
An area on a site, generally located adjacent to or parallel
with the property line, consisting of existing vegetation to be supplemented
by or created with evergreen trees, deciduous trees, shrubs, fences,
berms, or walls, with the purpose of visibly separating and screening
one land use from another or to shield and block noise, lights, and
other nuisances.
Any structure having a roof supported by columns or walls
and intended for the shelter, housing, or enclosure of any individual,
animal, process, equipment, goods or materials of any kind.
See "accessory use or structure."
A building in which is conducted the principal use of the
lot on which it is located.
The ratio of the horizontal area measured from the exterior
walls of the ground floor of all principal and accessory structures
on a lot to the total lot area.
[Amended 11-3-2014 by Ord. No. 1557]
See "elevation drawing."
The three-dimensional space in which a structure is permitted
to be built on a lot, defined by the maximum height, minimum yard
setbacks, and any other applicable area and bulk requirements.
The vertical distance measured to the highest point of the
building or structure from the average elevation of the finished grade
five feet from the foundation. Masts, flagpoles, monuments, chimneys,
church spires, clock towers, elevator bulkheads, radio and cellular
towers, water tanks, air-conditioning units or similar structures
shall not be considered in measuring building height unless they exceed,
in aggregate, 25% of the roof area.
A line parallel to the street line at a distance therefrom
and equal to the depth of the required front yard.
See "facade."
The diameter of a tree trunk, generally measured between
six and twelve inches from existing grade.
The paved surface of a street, such as the portion between
the curbs, including travel lanes and parking areas, or the portion
between the edges of the paved width where there are no curbs. However,
shoulders, curbs, sidewalks, and swales are excluded.
See "automotive wash."
A story of a building, located partially underground and
having more than 1/2 of its clear height below the average level of
the adjoining ground. A cellar shall not be considered in determining
the permissible number of stories.
A document that is issued by the Historic Preservation Commission,
following a prescribed series of hearings and procedures, certifying
that the proposed actions by an applicant are found to be acceptable
in terms of the review standards set forth in this chapter relating
to an individual historic site or historic district as a whole.
A document issued by a Borough officer allowing the occupancy
or use of a building and certifying that the structure or use has
been constructed and will be used in compliance with all the applicable
Borough codes and ordinances.
Any use which substantially differs from the previous use
of a building or land. A use shall be considered to be substantially
different if the first digit Standard Industrial Code (SIC) code for
the proposed use differs from the first digit SIC code for the previous
use. All changes for the proposed use require application to the Zoning
Officer and/or Planning Board. A complete list of the SIC codes can
be found at the end of this chapter.
[Amended 5-3-2004 by Ord. No. 1334; 11-2-2020 by Ord. No. 1692]
An establishment providing for the care, supervision, and
protection of children. See also "family day-care homes" and "child-care
center, licensed."
A building or structure in which daytime instruction or supervision
is given to more than 5 children outside their home for more than
three but less than 16 hours per day by an individual, association,
corporation, institution or agency, usually for compensation. Such
a center is licensed by the state and must meet all state requirements
A building or structure, or groups of buildings or structures,
that by design and construction are primarily intended for conducting
organized religious services and associated accessory uses.
An ambulatory health care facility where patients are admitted
for examination and treatment on an outpatient basis by one or more
physicians, dentists, psychologists, social workers or medical or
social work professionals.
Activity involving the sale of goods or services carried
out, generally, for profit.
Any motor vehicle used for commercial purposes, in interstate
or intrastate commerce, for the transportation of persons for hire,
compensation or profit. The display of "commercial," "omnibus" or
"constructor" registration plates on any motor vehicle shall, for
the purposes of this chapter, be prima facie evidence that the vehicle
is a commercial vehicle.
A residential facility, licensed by the state, providing
food, shelter, and personal guidance, with supervision, to not more
than 15 developmentally disabled or mentally ill persons who require
assistance, temporarily or permanently, in order to live in the community.
The term shall include but not be limited to group homes, halfway
houses, intermediate care facilities, and supervised apartment living
arrangements.
A community residential facility, licensed by the state,
providing food, shelter, and personal guidance, with supervision,
to not more than 15 persons with head injuries who require assistance,
temporarily or permanently, in order to live in the community. The
term shall include but not be limited to group homes, halfway houses,
intermediate care facilities, and supervised apartment living arrangements.
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services under such supervision as required to not more than 15 terminally
ill persons.
A dwelling unit licensed to serve clients of an appropriate
governmental department that provides a living environment for unrelated
residents who operate as the functional equivalent of a family, including
supervision and care of supportive staff as may be necessary to meet
the physical, emotional and social need of the persons residing in
such facility as defined in the appropriate statute.
A residence providing food, shelter, medical care, legal
assistance, personal guidance, and other services to persons who have
been victims of domestic violence, including any children of such
victims, who temporarily require shelter and assistance in order to
protect their physical or psychological welfare.
Any motor vehicle that does not exceed fifteen feet in length,
bumper to bumper, and does not exceed five feet, nine inches in width.
A use permitted in a particular zoning district only upon
showing that such use in a specified location will comply with all
the conditions and standards for the location or operation of the
use as specified in this chapter and authorized by the approving agency.
The store, less than 5,000 square feet in size, where the
primary business is the sale of packaged goods and/or groceries and
a wide variety of sundries, including but not limited to food, beverages,
cigarettes, candy, confectionary items, film and film processing,
small appliances, clothing, toys, nonprescription medicines, cards,
pain relievers and pharmacy items purchased with or without prescriptions,
health, hygiene and medical aides and supplies, refrigerated items,
cosmetics, paper products, seasonal decorations and similar items.
[Added 3-3-2002 by Ord. No. 1306]
A turnaround at the end of a dead-end street, often used
to describe the street itself, which is a street with one means of
ingress and egress and having a turnaround.
The opening along the curb line at which point vehicles may
enter or leave the roadway.
A calendar day.
Daytime instruction or supervision of three or more children
away from their home for more than three but less than 16 hours per
day by an individual, association, corporation, institution or agency,
whether or not for compensation or reward.
See "child-care center, licensed" or "family day-care home."
A street with a single, common ingress and egress.
Plants that annually drop their leaves prior to becoming
dormant for the winter months.
A structure attached or adjacent to a principal building
and having a roof or, in the absence of a roof, having at least a
portion of the structure more than one foot above mean finished grade.
A deck shall comply with the yard and building coverage requirements
for a principal building. An unenclosed structure less than or equal
to 60 square feet in area and used to serve a preexisting entrance
into the main level of the principal residence is not considered a
deck; these structures are to comply only with the requirements of
the building code[1] for consideration of this type structure.
The transfer of property by the owner to another party.
The partial or total razing or destruction of a primary structure
or improvement within the Borough of Collingswood.
[Amended 3-4-2002 by Ord. No. 1286]
Demolition of structures is hereby considered
development. No structure on any lot or lots shall be demolished without
first having had approval of a site plan for the lot or lots and/or
the development thereon after demolition. A plan must be approved
by the Planning Board and include the reuse of the site.
Exemptions.
Accessory buildings shall be exempt from Planning
Board approval; however, all applicable permits must be obtained
In the interest of public safety, the Construction
Official shall be authorized to issue permits without Planning Board
approval if he determines that a structure is an immanent hazard.
The number of families, individuals, dwelling units, households,
or housing structures per unit of land. For zoning purposes, this
usually refers to number of dwelling units per acre of land unless
stated otherwise.
Density calculation, including all the area within a certain
boundary, excluding nothing.
Density calculation excluding certain areas, such as streets,
wetlands, easements, and water.
A facility for the temporary storage of stormwater runoff.
See also "retention basin."
The division of land into two or more parcels; the construction,
reconstruction, conversion, structural alteration, relocation or enlargement
of any structure; any mining, excavation, landfill or land disturbance;
and the use, the extension of the use or the change of use of any
structure or land.
Any development not considered a minor development
Any development involving three or fewer lots and/or involving
a land area of less than five acres or not requiring a general development
plan or the extension or construction of any new streets to other
municipal or governmental facilities
A part, zone, or geographic area within the Borough within
which certain zoning or development regulations apply.
The removal of surface water or groundwater from lands 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.
An imaginary ground line around a tree that defines the limits
of the tree canopy.
An establishment that by design, physical facilities, service,
or by packaging procedure encourages or permits customers to receive
services, products, goods or entertainment while remaining in their
automobiles.
A private roadway providing access to and from a street.
A store where the primary business is the filling of medical
prescriptions, under the supervision of a registered pharmacist, and
the sale of drugs, medical devices and supplies and nonprescription
medicines, but where nonmedicinal products such as toiletries, cards
and stationery, candies and cosmetics, are sold as well. See also
"pharmacy."
A structure or portion thereof that is used exclusively for
human habitation.
A building or group of buildings in which each individual
single-family residential unit is individually owned, and the structure,
common areas, and facilities are owned by all the owners on a proportional,
undivided basis.
A building, containing two single-family dwelling units,
totally separated by an unpierced wall extending from ground to roof.
A dwelling unit containing not more than one habitable room
together with a kitchen or kitchenette and sanitary facilities.
A building or portion thereof containing more than two dwelling
units, including but not limited to:
GARDEN APARTMENTOne or more two-story, multifamily structures, generally built at a gross density of 10 to 15 dwelling units per acre, with each structure containing four to twenty dwelling units and related improvements such as parking, open space, and recreation.
MID-RISEAn apartment building containing from three to seven stories.
HIGH-RISEAn apartment building containing more than eight stories.
A dwelling unit in a row of three or more dwelling units
separated from each other by a common wall extending from the foundation
to the roof.
A dwelling designed for and occupied by not more than one
family unit and surrounded by open space or yards and having no floor,
roof, or wall in common with another dwelling unit.
A residential structure, of not more than three stories,
containing not less than three adjacent such structures, each with
its own front or side and rear entrance and physically separated from
another unit by vertical common fire-resistant walls. Each unit is
intended for its own separate sale.
A detached building containing two dwelling units that may
or may not share amenities, such as an entranceway or driveway. See
also "dwelling, duplex."
One or more rooms designed, arranged for, and occupied by
one or more individuals living together as a single family maintaining
a household, with exclusive cooking, living, sanitary and sleeping
facilities, fixed or portable. Each dwelling unit shall contain no
more than one kitchen or cooking facility.
[Amended 5-3-2004 by Ord. No. 1334]
A grant of one or more of the property rights by the property
owner to and/or for the use by the public, a corporation, and /or
another person or entity.
A vertical distance above or below a fixed reference level
A fully dimensioned architectural rendering of the front,
rear, and sides of a building showing features such as windows, doors,
and relationship of grade to floor level.
An increase in the size of an existing structure or any increase
or expansion in the current use, including physical size of property,
building, parking, and other improvements.
A plant with foliage that remains green year round.
The use of a lot or structure at the time of the enactment
of the zoning ordinance or at the time of submission of a development
application
An increase in the amount of existing floor area of an existing
structure
The exterior walls of a building exposed to public view,
usually referencing the front of the structure, visible from the street.
One or more persons related by blood, marriage, adoption
or guardianship or any number of persons not so related occupying
a dwelling unit and living as a single housekeeping unit.
The private, occupied residence of a family day-care provider
which is registered as a family day-care home pursuant to the Family
Day Care Provider Registration Act (N.J.S.A. 30:5B-16 et seq.). Child-care
services are provided to no less than three and no more than five
children, not including the provider's own children, for no less than
15 hours per week.
Any building or structure used for the display and sale of
farm and agricultural products.
See "restaurant, fast-food."
Any corporation, foreign or domestic, partnership, limited-liability
company or any individual which engages principally in the business
of providing financial services such as investment advice, the purchase
and sale of investments and similar services.
[Added 12-3-2007 by Ord. No. 1440]
An artificially constructed barrier of any material or combination
of material erected to enclose, screen or separate areas.
The sum of gross horizontal areas of the several floors of
a building or structure from the exterior face of exterior walls or
from the center line of a wall separating two buildings. In residential
uses, the gross floor area shall exclude the areas of the garage,
attic, open porch or patio, cellar, utility areas, heating and cooling
rooms and all portions of floor areas which have a ceiling height
above them of less than 7.5 feet. In nonresidential structures, the
gross floor area shall exclude areas used for utility, heating, cooling
and other mechanical equipment but shall include all other areas,
including cellars and warehousing and storage areas, regardless of
ceiling height.
The total gross floor area of all buildings or structures
on a lot divided by the total lot area.
A unit of illumination when the foot is the unit of length.
A group of people formally organized for a common interest,
usually cultural, religious, or entertainment, with regular meetings,
rituals, and formal written membership requirements.
see "yard, front."
The side of a lot abutting on a street. On corner lots, primary
frontage will be considered to be the side of the lot on which the
main building entrance is located. If a corner lot is undeveloped,
frontage shall be consistent with the orientation of other lots on
the same side of the street. "Secondary frontage" will be the side
of the lot that fronts onto the other street. Ingress and egress to
and from the site may be provided from either the primary or secondary
frontage.
A deck, building, or parking structure, or portion thereof,
used or intended to be used for the parking and storage of vehicles.
See "automotive garage."
See "dwelling, multifamily."
See "automotive service station."
The percent rise or decent of a sloping surface
The average elevation of the land around a building or proposed
building
Low-lying grasses or plants grown to form a dense, mat-like
covering to prevent the growth of unwanted plants and to keep the
soil from being washed, blown or eroded away.
see "community residential home" or "senior citizen housing."
The combined weight of the vehicle and the rated payload.
For the purposes of this chapter, the gross weight as stated on the
vehicle's registration certificate shall be prima facie evidence of
the vehicle's gross vehicle weight.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance and treatment
of metal or physical conditions, including but not limited to: hospitals,
treatment or diagnostic centers, extended care facilities, rehabilitation
centers, outpatient clinics, and medical offices.
See "building height."
One or more historic sites and the intervening or surrounding
property significantly affecting or affected by the quality and character
of the historic site or sites.
Any real property, man-made structure, natural object or
configuration of any portion or group of the foregoing which has been
formally designated by ordinance of the Borough as being of historical,
archaeological, cultural, scenic or architectural significance.
Any activity carried out for gain by a resident, conducted
as a customary, incidental, and accessory use in the resident's dwelling
unit and which does not alter the exterior of the property or affect
the residential character of the neighborhood.
A business use within a dwelling used solely by an inhabitant(s)
thereof for the administration of business engaged in other off-site
offices or locations. Home personal offices shall be clearly incidental
to the use of the dwelling, shall not constitute more than 10% of
the building area, shall be for the use of the business owner or employee
dwelling in the residence and shall not be used by nonresident employees.
Retail sale of products is not permitted.
An office of a professional used as the primary location
for the operation and function of a home occupation, contained solely
within the residential dwelling or an accessory building, but not
both. A home professional office shall occupy less than 500 square
feet or the equivalent of 40% of the first floor, whichever is less.
No more than two persons who are not residents of the dwelling may
be employed on the premises at any one time.
A commercial facility, containing at least 20 individual
sleeping rooms, each having a private bath attached thereto, offering
transient, overnight lodging accommodations to the general public,
with or without meals, and in which ingress and egress to and from
all rooms may be made through an inside office or lobby. Additional
services, such as restaurants, meeting rooms, entertainment, and recreational
facilities may be provided. See also "bed-and-breakfast."
One or more persons living together in one dwelling unit
on a stable rather than transient basis, where the occupants share
the ordinary tasks of living in a dwelling unit such as but not limited
to cooking and eating together, sharing inside and outside chores
and performing other functional duties and otherwise exhibiting a
kind of stability, permanency and functional life-style which is equivalent
to that of a traditional family unit.
The coverage of a lot by impervious surfaces, including,
but not limited to sidewalks, driveways, buildings, and other paved
surfaces or compact gravel surfaces.
Any material that prevents absorption of water into the ground.
Any permanent structure that becomes part of, placed upon,
or is affixed to a piece of property.
A lot, land, or structure or part thereof used for the purchase,
collection, storage, recycling, or sale of wastepaper, rags, scrap
metal, or other scrap or discarded goods, materials, machinery, or
vehicles.
Ground, soil, or earth.
Lawns, trees, plants and other natural materials such as
rock, wood chips, and decorative features, including sculpture, walks,
fountains and pools, which are a natural feature of the site or have
been installed to enhance a site.
A commercial facility, which shall not sell or serve food
or operate a restaurant, which brews any malt alcoholic beverages
in quantities for which it is licensed by the Alcoholic Beverage Commission
and which sells the product at retail to consumers on the licensed
premises of the brewery for consumption on the premises but only in
connection with tours of the brewery, or for consumption off premises
in a quantity of not more than 15.5 fluid gallons per person, and
to offer samples for sampling purposes only. "Sampling" shall mean
the selling at a nominal charge or the gratuitous offering of an open
container not exceeding four ounces of any malt alcoholic beverage
produced on the premises.
[Added 8-3-2015 by Ord.
No. 1577]
An off-street space or berth on the same lot as the building
being served, used for the temporary parking of a vehicle while loading
or unloading materials and products.
Any antenna and any support structure, together with any
accessory facilities, which complies with the standards in N.J.A.C.
7:50-5.4 and which is intended to serve a limited, localized audience
through point-to-point communications, including digital and analog
telephone cells, paging systems, and dispatch communication. It does
not include radio or television broadcasting facilities or microwave
transmitters.
A building or structure in which members of a local chapter
of an association or fraternal, religious, or cultural organization
hold their meetings and other events.
An institution or distinct part of an institution that is
licensed or approved to provide health care under medical supervision
for twenty-four or more consecutive hours to two or more patients.
Such facilities include skilled nursing facilities, nursing homes,
intermediate care facilities, extended care facilities, and hospices.
A designated parcel, tract, or area of land established by
plat or otherwise permitted by law to be separately owned, used, developed,
or built upon as a unit.
The size of a lot measured within the lot lines and not including
any portion of a street and is expressed in acres or square feet.
Where a portion of a lot must be dedicated for public right-of-way
widening, that dedicated area may be included in the calculation of
the lot area.
A lot located at the intersection of two or more streets.
In determining setbacks for corner lots, the primary frontage shall
be the portion of the lot to accommodate the front yard setback, therefore
the secondary frontage shall comply with the required side yard setback.
See also "frontage."
See "impervious coverage."
The average or mean horizontal distance between the front
and rear lot lines measured perpendicular to the front lot line.
A lot having frontage on two nonintersecting streets.
A line of record bounding a lot that divides one lot from
another lot or from a public or private right-of-way or any other
public space.
The line drawn between the right-of-way and the property
boundary. On a corner lot, the line between the primary frontage and
the right-of way will be the front lot line. On a double-frontage
lot, each property boundary adjacent to the right-of-way shall be
considered a front lot line.
That property boundary which is parallel to and the most
distant from the front lot line.
Any lot line other than the front or rear.
The distance between side lot lines, measured parallel to
the street line at the minimum building setback.
Any subdivision not classified as a minor subdivision.
The office and associated examination facilities of a licensed
physician, dentist, osteopath, chiropractor, podiatrist, or other
licensed or accredited professional within the medical field. A medical
testing laboratory shall be permitted under this definition only if
it is accessory to the office of a medical professional.
See "subdivision, minor."
The development of a tract of land, building, or structure
with a variety of complementary and integrated uses such as but not
limited to, residential, office, manufacturing, retail, public, or
entertainment in a compact urban form.
A commercial establishment providing overnight accommodations,
containing 10 or more rooms, each having a private bath attached thereto,
with at least 25% of the rooms having direct access to the outside
without the necessity of passing through a main lobby of the building.
A lot, structure, or use, which was lawful prior to the adoption,
revision, or amendment of this zoning chapter but which fails to meet
the requirements of the zoning district in which is located by reason
of such adoption, revision or amendment.
See "child-care center, licensed" or "family day-care home."
See "senior citizen housing."
The residing of an individual or individuals overnight in
a dwelling unit or the storage or use of equipment, merchandise, or
machinery in any public, commercial, or industrial building.
Gainful employment in which an individual engages to earn
compensation.
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry, government, or like
activity, generally furnished with desks, chairs, files, and communication
equipment, but where no retail sales or goods are offered and where
no manufacturing, assembling or fabricating takes place.
Located outside the lot lines of the lot under review but
within the property (of which that lot is a part) that is subject
of a development application or within a contiguous portion of a street
or other right-of-way.
Improvements required to be made off site or off tract, respectively,
to accommodate conditions generated by a proposed development, including
but not limited to new improvements and extensions and modifications
of existing improvements. See also "off site" and "off tract."
Not located on the property that is the subject of a development
application or on a contiguous portion of a street or other right-of-way.
Located within the property boundaries of the lot in question.
A deciduous tree planted primarily for its ornamental value
or for screening purposes.
The keeping of any goods, junk, material, merchandise, or
vehicles in an unenclosed area in the same place for more than 24
hours.
Any quantity of land, consisting of one or more lots, that
is capable of being described with such definiteness, such as common
ownership, that its location and boundaries can be defined.
Any public or private area designed for parking motor vehicles,
including parking lots, garages, private driveways, and legally designated
areas of Borough streets.
Joint use of a parking area by more than one use, business,
or facility.
The parking module consisting of one or two rows of parking
spaces and the aisle from which the motor vehicles enter and leave
the spaces.
An individual who travels on foot
Any use of land or buildings permitted in a certain district
by this chapter and subject to the restriction applicable to that
district.
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
An establishment where prescription and nonprescription drugs
are prepared and dispensed. See also "drugstore."
See "church."
A map of a subdivision or site plan.
The map of all or a portion of a development (subdivision
or site plan) which is submitted and presented to the approving authority
for final approval.
The concept, informal map of a proposed development of sufficient
accuracy which is submitted for purposes of nonbinding discussion
and clarification.
The map indicating the proposed layout of a development (subdivision
or site plan) which is submitted to the approving authority for preliminary
approval.
A roofed, open structure, which may be screen, usually attached
to or part of and with direct access to or from a building.
A lot, parcel, tract or plot of land, together with the buildings
and structures thereon.
The main purpose for which any lot and/or building is used.
The office of a member of a recognized profession which shall
be professional in character and require at least a bachelor's degree
from an accredited college or university and licensing, training and
experience as a condition for the practice thereof. The issuance of
New Jersey or local license for regulation of an occupation shall
not alone be deemed indicative of professional standing. When such
office is combined with a residence, the conditions of a home personal
office or home professional office shall apply.
A lot, parcel, or tract of land, together with the building
and structures located thereon.
See "lot line."
See "bar."
A meeting announced and advertised in advance, in accordance
with all required laws, and open to the public, where the public is
given an opportunity to talk and participate.
The advertisement of a public hearing in a paper of general
circulation and through other media sources, indicating the time,
place and nature of the public hearing and where and when the application
and pertinent documentation may be inspected.
The use of land and/or buildings by a municipal, county,
state or federal agency or authority.
A majority of the full authorized membership of a board or
agency.
The process by which waste products are reduced to raw materials
and transformed into new and often different products.
The upgrading of a building previously in a dilapidated or
substandard condition for human habitation or use.
To construct an addition or alter the design or layout of
a building or make substantial repairs or alterations so that a change
or modification of the entrance facilities, toilet facilities, or
vertical access facilities is achieved.
A periodic payment made by a tenant to a landlord for the
use of land, buildings, structures, or other property, or portions
thereof.
Any work done on an improvement which:
Repairs for which a building permit is required.
A home, abode, or place where an individual is actually living
at a specific point in time.
The number of dwelling units per acre of residential land.
A commercial establishment where food and drink are prepared,
served and consumed primarily on the premises. Take-out orders for
food and drink placed either in person, by telephone, fax, or e-mail
may be prepared and served to the customer directly for consumption
off site if this function is accessory to the primary use of a restaurant
and no drive-through facilities are provided.
A commercial establishment whose principal business is the
sale of foods or beverages in ready-to-consume individual servings
(usually served in paper, plastic, or other disposable containers)
either for carry-out or for consumption within the restaurant building
whose design and principal method of operation encourages high-turnover
dining and where either:
The replication or reconstruction of a building's original
architectural features.
A depository or similar institution chartered by the federal
government, the State of New Jersey or any other state and authorized
to do business in New Jersey which maintains hours of operation of
no less than six hours for five days each week and which engages principally
in the receipt of deposits of currency, checks or other items, the
payment of withdrawals from savings, checking or similar accounts,
the cashing of checks, drafts and other items, the receipt of monies
due to the bank, the issuance of cashiers’ checks, treasurers’
checks and money orders and similar transactions.
[Added 12-3-2007 by Ord. No. 1440]
A pond, pool, or basin used for the permanent storage of
water runoff.
A strip of land acquired by reservation, dedication, forced
dedication, prescription, or condemnation, and intended to be occupied
by a road, crosswalk, railroad, electric transmission lines, oil or
gas pipelines, waterline, sanitary storm sewer and other similar uses.
See "boarding house."
See "dwelling, townhouse."
Flagellation or torture by or upon a human being who is nude
or clad in undergarments or in revealing or bizarre costumes, or the
condition of one who is nude or so clothed and is being fettered,
bound or otherwise physically restrained.
A saucer- or circular-shaped antenna functioning as an antenna
for reception of communications from a transmitter or a transmitter
relay located in planetary orbit. Such objects are also known as "satellite
dishes," "satellite earth stations" and "home video stations."
Any building or part thereof which is designed, constructed,
or used for education or instruction in any branch of knowledge.
A school supported and controlled by a church or religious
organization. See also "school, private."
Any building or group of buildings, the use of which meets
New Jersey state requirements for elementary, secondary, or higher
education and which use does not secure the major part of its funding
from public sources.
A structure or planting providing a continuous view obstruction
within the site or property consisting of evergreen plants, fencing,
wall, berming, or any harmonious combination thereof, the purpose
of which is to reduce the impact of noise or unsightly visual intrusion.
Multifamily housing designed for the elderly. These types
included but are not limited to:
ASSISTED LIVING FACILITIESResidences for the elderly that provide rooms, meals, personal care, and the supervision of self-administered medication. Other services such as recreation, financial services, and transportation may be provided as well.
CONGREGATE HOUSINGApartments or other rental dwellings, usually for elderly persons, designed to provide a supportive environment with services such as dining, housekeeping, social and recreational activities, and transportation but also to accommodate a relatively independent lifestyle.
CONTINUING CARE RETIREMENT COMMUNITYAn age-restricted housing development that is planned, designed, and operated to provide a full-range and continuum of accommodations and services for older adults, including independent living, congregate housing, and medical care. Services vary on the needs of the patient and are contracted for in exchange for the payment of monthly fees and a substantial entrance fee.
LONG-TERM CARE FACILITYAn institution or distinct part of an institution that is licensed or approved to provide health care under medical supervision for twenty-four or more consecutive hours to two or more patients. Such facilities include skilled nursing facilities, nursing homes, intermediate care facilities, extended care facilities, and hospices.
RESIDENTIAL HEALTH CARE FACILITYResidences usually occupied by frail elderly that provide rooms, meals, personal care and health monitoring services under the supervision of a professional nurse that may provide other services such as recreational, social and cultural activities, financial services and transportation. Residents must be ambulatory and free of communicable diseases. Rooms and baths may be either private or shared.
The distance between a building and any lot line.
The mean setback from a common street right-of-way of all
buildings within a specified distance of a specific lot.
That line which is the required minimum distance from any
lot line and that establishes the building envelope within which the
principal structure must be erected or placed. The minimum yard requirements
shall be the minimum required setbacks. All setbacks from public streets
shall be measured from the either then existing right-of-way, unless
the proposed right-of-way as shown on the adopted Master Plan is greater,
in which case the proposed right-of-way should be used.
Human masturbation, sexual intercourse or any touching of
the genitals, pubic areas or buttocks of the human male or female
or the breasts of the female, whether alone or between members of
the same or opposite sex or between humans and animals in an act of
apparent sexual stimulation or gratification.
A tree, usually deciduous, planted primarily for overhead
canopy.
A single driveway serving two or more adjacent lots.
A group of commercial establishments planned, constructed,
and managed as a total entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, aesthetic considerations and protection from the elements,
and landscaping and signage in accordance with an approved plan.
A shopping center that contains a junior department store,
contains approximately 150,000 square feet of gross leasable area,
and is ranged in site size from 10 acres to 25 acres. Its clientele
are within a ten-minute drive of the center.
A shopping center that generally offers goods necessary to
meet daily needs, occupies no more than 10 acres, and has up to 100,000
square feet of gross leasable area. Its clientele are within a five-minute
driving radius from the center.
A shopping center that contains a wide range of retail and
service establishments, occupies 50 to 100 acres of land, and has
at least one or more anchor stores, and contains a total of more than
400,000 square feet of gross leasable area. Its clientele are drawn
from within a forty-five-minute driving radius.
A shopping center whose shops cater to a specific market
and are linked together by an architectural, historic, or geographic
theme or by a commonality of goods and services. The specialty shopping
center is between 100,000 square feet and 200,000 square feet consisting
of small shops.
Any woody plant, deciduous or evergreen, generally multistemmed,
classified and sold by height or spread, measured in inches or feet,
and usually smaller than a tree.
A paved, surface, or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
A triangular-shaped portion of land at the quadrants of street
intersections where unobstructed visibility is maintained along the
intersecting streets, usually through a sight easement.
See Article IX of this chapter for a complete list of sign definitions.
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 conditions of the lot such as topography, vegetation,
drainage, waterways; the proposed conditions of the lot such as buildings,
drives, parking areas, walkways, means of ingress and egress, landscaping,
lighting, drainage facilities, and screening; and any additional information
needed by the approving authority to make an informed decision on
its approval.
A site plan approval shall not be required for single-family
detached or two-family dwellings unless such dwellings involve a home
occupation. Building alterations which do not involve a change in
use, additional parking or additional building area shall be exempt.
All site plans for new developments but not including those
site plans defined as "minor" or "exempt."
A site plan that does not adversely affect the development
of the remainder of the tract or any adjoining property. It involves
fewer than five parking spaces, fewer than 500 additional square feet
of floor area, or an addition to the total lot coverage of less than
10%. Also, it does not involve the creation of more than 2 lots, any
new street or any extension of the off-tract improvement.
The examination of the specific development plans for a lot.
The term "site plan approval" means a requirement that the minor or
major site plan be approved by the approving authority prior to the
issuance of a building permit or a certificate of occupancy.
The part of any building comprised between the level of one
finished floor and the level of the next higher finished floor or,
if there is no higher finished floor, then that part between the highest
finished floor and the top of the roof beams.
Any space partially within the roof framing where the clear
height of not more than 75% of such space between the top of the floor
beams and the structural ceiling is seven feet, six inches or more.
Any vehicle way which is an existing state, county, or municipal
roadway or is shown on a plat hereto approved pursuant to law or is
approved by official action pursuant to N.J.S.A. 40:55D-1 et seq.
or is shown upon a plat that was duly filed and recorded in the office
of the County Clerk prior to the appointment of a Planning Board and
the granting to such Board of the power to review the plats. Further,
the street includes the land between the right-of-way lines, whether
improved or not, and may comprise pavements, shoulders, gutters, curbs,
sidewalks, parking areas and other areas within the right-of-way lines.
The edge of the existing or future street right-of-way, whichever
is wider, as shown on an adopted Master Plan or Official Map or as
required by this chapter, forming the dividing line between the street
right-of-way and the lot.
A deciduous tree planted primarily to provide shade and visual
harmony along a roadway with minimum installation size of 13 feet
in height, two and one half inch caliper and limbed to a minimum height
of seven feet.
A combination of materials to form a construction for occupancy,
use, or ornamentation having a fixed location on, above, or below
the surface of land or attached to something having a fixed location
on, above, or below the surface of land.
See "building height."
The workshop of an artist, sculptor, photographer, or craftsperson.
The division of a lot, tract, or parcel of land into two
or more lots, tracts, or parcels or other divisions of land for sale,
development, lease, or preservation. The following are not considered
subdivisions:
Divisions of land for agricultural purposes
where resulting parcels are five acres or larger in size;
Divisions of property by testamentary or interstate
provisions;
Divisions of property upon court order, including
but not limited to judgments of foreclosure; and
Conveyance so as to combine existing lots by
deed or other instrument.
A subdivision not classified as a minor subdivision.
A subdivision of land that does not adversely affect the
development of the remainder of the tract or any adjoining property
and does not involve:
See "bar."
A use established for a limited time duration with the intent
to discontinue such use upon expiration of the time period. Such uses
do not involve the construction or alteration of any permanent building
or structure. Unless a use is expressly permitted or permissible as
a permanent use in a district pursuant to the provisions of this chapter,
the temporary use is not permitted.
A level, landscaped and/or surfaced area adjacent to a principal
building at or within one foot of the mean finished grade and not
covered by a permanent roof nor used to park any motor or recreational
vehicles.
A building or portion thereof devoted to showing motion pictures
or for dramatic, musical, or other live performances. Seating shall
be provided for all patrons in an auditorium manner. All sitting areas
shall be visible and unobstructed.
Any public or private street, alley, walkway or parking facility
accessible to the public.
An improved and equipped play area for small children usually
up to elementary school age.
An area, parcel, site, piece of land, or property that is
the subject of a development application.
Any large, woody plant, deciduous or evergreen, having one
or more self-supporting stems or trunks and numerous branches.
The purpose or activity for which land or buildings are designed,
arranged, or intended or for which the land or buildings are occupied
or maintained.
Services, including but not limited to sewage treatment,
water supply, gas, electric, telephone and cable television.
Any unoccupied land, structure, or part thereof that is available
and suitable for occupancy.
Permission to depart from the literal requirements of a zoning
ordinance.
Any plant material, including grasses, shrubs, and trees.
The use of any building, land, or other premises for the
display and sales of new or used trailers, recreational vehicles,
off-road vehicles, including any vehicle preparation or repair work
conducted as an accessory use only. See also "automobile sales."
Permission to depart from the requirements of an ordinance
with respect to submission or required documentation or minor design
elements.
An open space extending between the closest point of any
building and any lot line. The minimum required yard as set forth
in this chapter is unoccupied and unobstructed from the ground upward.
All yard dimensions shall be measured horizontally and at right angles
to either a straight street line, lot line or building facade or perpendicular
to the point of tangent of curved lines and facades.
The area extending across the full width of the lot between
the street lot line and a line parallel to the street line through
the nearest point of the principal building to the street lot line.
No residential accessory uses are permitted within the front yard.
The open space extending across the full width of the lot
between the rear lot line and a line parallel to the rear lot line
through the nearest point of the principal building to the rear lot
line. All residential accessory uses must be located in the rear or
side yard.
The open space between a lot line and the yard line within
which no structure shall be located except as provided in this chapter
.
An open space extending from the front yard to the rear yard
and lying between each side lot line and the building, measured perpendicular
from the side lot line to the nearest point of the principal building.
All residential accessory uses must be located in the rear or side
yard.
The location of a building on a lot in such a manner that
one or more of the building's sides rest directly on a lot line.
A document signed by the Borough's Zoning Officer, as required
in this chapter, as a condition precedent to the commencement of a
use or the erection, construction, reconstruction, restoration, alteration,
conversion, or installation of a structure, sign, or building that
acknowledges that such use, structure, sign, or building complies
with the provisions of this chapter or authorized variance.
