For the purpose of this chapter, certain terms
and word are hereby defined as follows:
ABANDONMENT
The relinquishment of property, or a cessation of the use
of the property, by the owner or lessee, without any intention of
transferring those use rights belonging to the property to another
owner or lessee or with any intention of resuming the use of the property.
[Added 5-2-2011 by Ord. No. 2011-14]
ACCESSORY USE, BUILDING or STRUCTURE
A use, building or structure subordinate to the principal
use or building located on the same lot and serving a purpose customarily
incidental to the principal use or building.
ADULT DAY-CARE CENTER
A nonresidential establishment providing health care and/or
social services to adults, primarily, but not necessarily exclusively,
senior citizens.
[Added 5-2-2011 by Ord. No. 2011-17]
AGE RESTRICTED DEVELOPMENT
Any development, which may be in any housing form, including
detached and attached dwelling units, apartments, flats and residences,
offering private and semiprivate rooms that restricts the minimum
age of all residents to be 62 years or 55 years for one resident of
each of 80% of the units, provided that significant facilities and
services for the elderly are provided. Such age restricted development
shall be deed restricted controlling for minimum age as stated previously.
ALLEY
A service roadway providing a secondary means of access to
abutting property and not intended for general traffic circulation.
[Amended 2-9-2009 by Ord. No. 2009-2]
ALTERATIONS
Alterations include, but are not limited to, the following:
A.
All incidental changes or replacement in the
nonstructural parts of a building or other structure.
B.
Minor changes or replacement in the structural
parts of a building or other structure limited to the following examples
and other of similar character or extent:
(1)
Alteration of interior partitions to improve
livability in nonconforming residential buildings, provided that no
additional dwelling units are created thereby.
(2)
Alteration of interior nonloading and/or nonstructural
partitions in all other types of buildings or other structures.
(3)
Making windows or doors in exterior walls.
(4)
Strengthening the load-bearing capacity in not
more than 10% of the total floor area to permit the accommodation
of a specialized unit of machinery or equipment.
ASSISTED LIVING
A coordinated array of supportive personal and health services,
available 24 hours per day, to residents who have been assessed to
need these services, including residents who require formal long-term
care. Assisted living promotes resident self-direction and participation
in decisions that emphasize independence, individuality, privacy,
dignity and homelike surroundings.
ASSISTED LIVING RESIDENCE
A facility which is licensed by the New Jersey State Department
of Health and Senior Services, in accordance with N.J.A.C. 8:36, to
provide apartment-style housing and congregate dining and to assure
that assisted living services are available when needed, to four or
more adult persons unrelated to the proprietor. Apartment units offer,
at a minimum, one unfurnished room, a private bathroom, a kitchenette,
and a lockable door on the unit entrance. Assisted living residence
shall also include “continuing care retirement community,”
“nursing facility,” “residential health care facility”
and “statewide restricted admissions facility” as described
and regulated in N.J.A.C. 8:33H-1 et seq.
ATTIC
That part of a building which is immediately below and wholly
or partly within the roof framing.
AUTOMOBILE SALES BUILDING
A building used for the sale of, hire of or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include automobile accessory salesrooms but not the sale of junked
vehicles and equipment.
AUTOMOBILE SERVICE STATION
Land and building providing for the sale of fuel, lubricants
and automobile accessories and/or for maintenance and minor repairs
for motor vehicles, excluding body repairs and the storage of inoperable
and wrecked vehicles.
AUTOMOBILE WASH
Any building or premises or portions thereof used for washing
and cleaning automobiles or other motor vehicles.
AUTOMOBILE WRECKING YARD
An establishment that cuts up, compresses or otherwise disposes
of motor vehicles, including the retrieval and refurbishment of motor
vehicle parts from inoperable and wrecked vehicles.
AUTOMOTIVE AND/OR TRAILER SALES AREA
An open area, other than a public or private street or way,
used for the display or sale of new and used vehicles, trailers, trucks
or equipment and where no work is done except that which is minor
and incidental, not including body and fender work.
AWNING
A temporary or portable rooflike covering that projects from
the wall of a building for the purpose of shielding openings from
the elements. All awnings and canopies shall be opaque, and under
no circumstances shall an awning or canopy let light through.
[Amended 2-9-2009 by Ord. No. 2009-2]
BASEMENT
That portion of a building that is partly or completely below
grade.
BED-AND-BREAKFAST
A residential property originally constructed as a private,
single-family residence which provides overnight lodging for transient
guests and which provides breakfast for those guests in the forenoon
of each day and/or a tea or service of light refreshments and beverages
for those guests in the afternoon of each day with no other meal service.
BEHAVIORAL HEALTH CARE FACILITY
A building or portion of a building, whether private profit
or non-profit or institutional, principally engaged in providing services
for inpatient and outpatient services for treatment of victims of
addiction, psychiatric, psychological, or other behavioral health
condition where care may be provided on a short-term or long-term
basis whose operators are licensed to provide such services by the
State of New Jersey, but not to include hospitals and other health
care facilities, or residential medical detoxification centers; a
Level I, Level II.1, Level II.5, Level III.1, Level III.5, or Level
III.7 treatment facility as classified by the Division of Addiction
Services, New Jersey Department of Human Services.
[Added 3-5-2018 by Ord.
No. 2018-6]
BODY REPAIR SHOP
A use providing for the repair, repainting or restoration
of the bodies and frames of motor vehicles.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING, ATTACHED
Two or more buildings having a common impenetrate wall or
common stairwell.
BUILDING COVERAGE
The ratio of the horizontal area measured from the exterior
surface of the exterior walls of the ground floor of all principal
and accessory buildings on a lot to the total lot area.
[Added 12-18-2006 by Ord. No. 2006-26]
BUILDING AREA
The area of the largest horizontal section of a building
measured to the outer edge of the walls.
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade around the foundation of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the average distance between the eaves and the ridge
level for gable, hip and gambrel roofs, provided that chimneys, spires,
towers, mechanical penthouses, tanks and similar projections of the
buildings not intended for human occupancy shall not be included in
calculating the height. If there are two or more separate roofs on
a single building, the height of such building shall be calculated
from the highest roof.
BUILDING LINE, FRONT
A line typically parallel to the street right-of-way line
touching that part of the building closest to the street.
[Added 4-18-2016 by Ord.
No. 2016-3]
BUILDING LINE, REAR
A line typically parallel to the street right-of-way line
touching that part of the building most opposite to the street.
[Added 4-18-2016 by Ord.
No. 2016-3]
BUILDING, PRINCIPAL
A building or use in which is conducted the main or principal
use of the lot on which said building is situated.
BULKHEAD
A retaining wall created along a body of water behind which
fill is placed.
CABANA
A building containing facilities for changing associated
with a pool, beach or watercourse. No plumbing or cooking facilities
are permitted in a cabana structure.
[Added 12-18-2006 by Ord. No. 2006-26]
CANOPY
A temporary or portable rooflike covering that projects from
the wall of a building for the purpose of shielding openings from
the elements. All awnings and canopies shall be opaque and under no
circumstances shall an awning or canopy let light through.
[Amended 2-9-2009 by Ord. No. 2009-2]
CELLAR
That portion of a building which is partly or completely
below grade and having at least 1/2 its height below grade.
CHILD-CARE CENTER
A private nonresidential establishment enrolling five or
more children and where tuition, fees or other forms of compensation
for the care of children is charged, which must be licensed to operate
as a child-care center by the Department of Human Services.
[Amended 5-2-2011 by Ord. No. 2011-17]
CHURCH
A structure, building or group of buildings, including customary
accessory structures such as auditoriums, used, designed or intended
for public worship. The word “church” shall include any
place where persons regularly assemble for worship, i.e. chapels,
churches, congregations, cathedrals, synagogues, temples and other
places where regular religious services are conducted, as well as
parish houses, convents, religious school facilities and structures,
and other accessory uses, including uses and structures for religious
and sectarian education.
CLUSTER DEVELOPMENTS
A series of detached single-family homes for which individual
building sites, on the basis of an approved site plan according to
the Code of the Township of Delanco, including the Site Plan Ordinance
and Zoning Ordinance, may be reduced in size and width for the purpose
of providing a more compact service area and a retention of sizable
areas for public or common open-space uses.
COMMON OPEN SPACE
An open space area exclusive of required setback areas 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 and enjoyment of residents
and owners of the development.
CONDOMINIUM
Ownership of real property combining ownership in fee simple
of a dwelling unit and undivided ownership in common with other purchasers
of the common elements in the structure and including the land and
its appurtenances.
CONSTRUCTION OFFICIAL
That person designated by salary guide title in the municipality
pursuant to the Uniform Construction Code of the State of New Jersey.
CONVERSION
A change in the use of land or structure.
CORNER LOT
A lot abutting upon two or more streets at their intersections.
[Amended 4-18-2016 by Ord. No. 2016-3]
COURT
An unoccupied open space, other than a yard, on the same
lot with a building which is bounded on three or more sides by the
wall of such building.
CURB LEVEL
The permanently established grade of the curb top in front
of a lot.
DE MINIMIS
When applied to an action affecting a property with historic
preservation potential, shall mean an action of such a minimum nature
that the purposes of the ordinance will not be materially affected.
DECK
A level wooden or simulated wooden structure built on or
above grade and is either attached to a principal building or adjacent
to such building.
DENSITY
The permitted number of dwelling units per gross area of
land to be developed.
DISH ANTENNA, SATELLITE DISH, SATELLITE EARTH STATION or HOME
VIDEO EARTH STATION -
A device functioning as an antenna for the reception of television
programming exceeding two feet in diameter if round or two feet in
its widest or longest dimension if otherwise shaped. In addition,
all existing antennas which do not conform to this chapter shall at
this time be grandfathered and shall be required to conform to all
pertinent Uniform Construction Code requirements.
DEMOLITION
To partially or completely take down a structure.
DRIVE-IN BANK
A building or portion thereof which encourages or permits
customers to conduct personal financial transactions while remaining
in their motor vehicles.
DRIVE-IN RESTAURANT
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where a portion of the
consumption takes place or is designed to take place outside the confines
of the building, often in a motor vehicle on the site, or is designed
for the transferal of food and/or beverages without leaving the vehicle.
DRYING YARD
An open space in the rear of apartment buildings on ground
level for hanging clothing and accessories out of doors. These areas
shall be screened from view by closely planted evergreen shrubbery
planted not less than six feet apart and permitted to grow not more
than eight feet high.
DWELLING
Any building or portion thereof designed or used exclusively
as the residence consisting of a dwelling unit.
B.
SINGLE-FAMILY or ONE-FAMILY ATTACHED DWELLING- A dwelling designed for and occupied exclusively as a residence for one family, being one side of a building wherein are contained two dwelling units under the same roof with a common party wall between, separate entrances for each dwelling unit, separate and distinct deeds and title and no interior connection between the two dwelling units.
C.
TWO-FAMILY DETACHED DWELLING- A building designed for and occupied exclusively as a residence for two families with two separate and distinct dwelling units contained within it, in which one dwelling unit is wholly or partially over the other dwelling unit and there is no party wall in common with adjacent dwelling.
D.
APARTMENT DWELLING- One or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a residential building containing three or more dwelling units or a building with a nonresidential use on the first floor and a residential use consisting of one or more dwelling units on a floor over the first floor.
E.
FLAT DWELLING- A dwelling unit designed and used in a manner similar to an apartment dwelling with the attribute of owner-occupancy distinguishing a flat dwelling from an apartment dwelling.
F.
TOWNHOUSE DWELLINGA dwelling unit located in a building that has not less than three or more than eight one-family dwelling units attached in a row as a single building on a common lot or adjoining lots, each dwelling being separated from the adjoining unit by a common party wall, thus creating distinct and noncommunicating dwelling units with their own front and rear access to the outside and without no dwelling unit located over another dwelling unit. Such separate townhouse dwelling units are intended for separate ownership or rental.
G.
MULTIFAMILY DWELLINGMultifamily dwellings are buildings containing three or more dwelling units, including units that are located one over another.
[Amended 5-2-2011 by Ord. No. 2011-13]
H.
ATTACHED DWELLINGAn attached dwelling with ground floor outside access, attached to two or more one-family dwellings by common vertical walls without openings.
[Added 5-2-2011 by Ord. No. 2011-13]
I.
SINGLE-FAMILY SEMIDETACHED DWELLINGSingle-family semidetached dwellings are one-family dwellings attached to one other one-family dwelling by a common vertical wall, with each dwelling unit located on a separate lot.
[Added 5-2-2011 by Ord. No. 2011-13]
J.
TWO-FAMILY DWELLINGTwo-family dwelling is one building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell interior to the units.
[Added 5-2-2011 by Ord. No. 2011-13]
DWELLING UNIT
One or more rooms for living purposes, together with separate
cooking and sanitary facilities, which rooms are accessible from the
outdoors, either directly or through an entrance hall shared with
other dwelling units, and are used or intended to be used by one or
more persons living together and maintaining a common household.
ERECT
To build, construct, attach, alter, relocate or affix and
includes the painting of signs or displays on the exterior surface
of a building.
EXTENDED CARE FACILITY
A long-term facility or a distinct part of a facility licensed
or approved as a nursing home, infirmary unit of a home for the aged
or a governmental medical institution.
FACADE
An exterior wall of a building exposed to public view.
FAMILY
A group of individuals not necessarily related by blood,
marriage, adoption or guardianship living together in a dwelling unit
as a single housekeeping unit under a common housekeeping management
plan based on an intentionally structured relationship providing organization
and stability.
FAMILY DAY CARE
Family day-care home means any private residence approved
by the Department of Human Services in which child-care services are
regularly provided to no less than three and no more than five children
for no less than 15 hours per week. A child being cared for under
the following circumstances is not included in the total number of
children receiving child care services:
A.
The child being cared for is legally related
to the provider.
B.
The child being cared for is part of a cooperative
agreement between parents for the care of their children by one or
more of the parents where no payment for the care is being provided.
FENESTRATION
The design, proportioning, and disposition of windows and
other exterior openings of a building.
[Added 12-18-2006 by Ord. No. 2006-25]
FENCE
Any structure, regardless of composition, except a living
fence, that is erected or maintained for the purpose of enclosing
a piece of land or to divide a piece of land into distinct portions.
[Amended 4-18-2016 by Ord. No. 2016-3]
FLOOR AREA, GROSS
The sum of the gross horizontal areas of the several floors
of a building or structure measured from the exterior face of exterior
walls and from the center line of a wall separating two buildings,
but excluding any space where the floor-to-ceiling height is less
than six feet.
FLOOR AREA, LIVABLE
The total of all floor areas of a building dedicated to the
inhabitance of a resident and/or residents.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
compared to the total area of the site.
GARAGE
A building, structure or any portion thereof used for parking
and storing motor vehicles.
A.
PRIVATE CUSTOMER and EMPLOYEE GARAGEA garage that is accessory to a nonretail commercial or manufacturing establishment, building or use and is primarily for the parking and storage of vehicles operated by customers, visitors and employees of such building and that is not available to the general public.
B.
PRIVATE RESIDENTIAL GARAGEA structure that is accessory to a residential building and that is used for the parking and storage of vehicles owned and operated by the residents thereof and that is not a separate commercial enterprise available to the general public.
C.
PUBLIC GARAGEA structure, or portion thereof, other than a private customer and employees garage or private residential garage, used primarily for the parking and storage of vehicles and available to the general public.
GAZEBO
A roofed open structure, which is not attached to the principal
structure, or other accessory structure. All sides of the gazebo shall
be completely and permanently open to the outside air, except for
a small portion of the walls at the bottom, which may be solid to
a height not greater than 42 inches above the floor elevation. A gazebo
may be screened.
[Added 12-18-2006 by Ord. No. 2006-26]
GROUND-MOUNTED SOLAR ENERGY SYSTEM
Solar arrays directly mounted to or installed upon solar
racks or canopies. These racks or canopies connect to the ground using
structural supports. Ground-mounted systems may be appropriate when
there is not sufficient space, structural concerns, or shading issues.
[Added 7-17-2023 by Ord. No. 2023-9]
HEALTH CARE FACILITY
A building or portion of a building such as a hospital, whether
private or an institution, principally engaged in providing inpatient
and outpatient services for physical health maintenance, diagnosis
(including testing) and treatment of human diseases, pain or other
physical condition of patients; acute care facility; rehabilitation
hospital; or ambulatory surgical center. Care may be provided on a
short-term or long-term basis. Outpatient services may also be provided
as a secondary service. Such facilities may include laundries, cafeterias,
gift shops, laboratories, and medical offices as accessory uses.
[Added 3-5-2018 by Ord.
No. 2018-6]
HEIGHT LIMIT
A vertical distance fixed in each district and measured from
the mean level of the ground adjacent to the building to the highest
point of the roof.
HISTORIC PRESERVATION
The process of identifying, evaluating, managing, conserving,
maintaining and, when necessary, rehabilitating, stabilizing, restoring
and reconstructing historic properties so that they are protected
for the use of future generations.
HOME OCCUPATION
An occupation being conducted wholly or in part from a residence
or the residential lot as an accessory use.
HOMEOWNERS' ASSOCIATION
An incorporated or unincorporated entity responsible for
operating under a recorded land agreement through which:
A.
Each lot or dwelling unit owner shall be a member.
B.
The owner of each lot or dwelling unit is subject
to a charge for a proportionate share of the association's expenses
for activities and maintenance, including maintenance costs levied
against the association by the Township.
C.
Each owner and tenant has certain rights to
use the common property.
HOSPITAL
An institution providing primary health services and medical
or surgical care to persons, primarily inpatients, suffering from
illness, disease, injury, deformity and other abnormal physical or
mental conditions and including, as an integral part of the institution,
related facilities, such as laboratories, outpatient facilities, training
facilities, medical offices and staff residences.
INFILL
The development of new buildings or structures on scattered
vacant sites in a built-up area.
[Added 2-9-2009 by Ord. No. 2009-2]
INTERIOR PARKING SPACE
Where a typical single vehicle requires 11.25 linear feet
of width and 22 linear feet of depth to permit circulation and door
swing and where two vehicles require 20 linear feet of width and 22
feet of linear depth to permit circulation and door swing, no single
interior vehicle space in any private residential garage, as defined,
shall exceed 248 square feet in area. The reference book Architectural
Graphic Standards and subsequent editions shall govern the vehicular
space requirements.
[Added 12-18-2006 by Ord. No. 2006-26]
JUNKYARD
Any area, lot, land parcel, building or structure, or part
thereof, used for the storage, collection, processing, purchase, sale,
salvage or disposal of any scrap, waste, reclaimable material or debris.
LINER BUILDING
A liner building is a specialized building parallel to the
street, which is designed to conceal an area such as a parking lot
or loading dock. These buildings are often of limited depth, simply
detailed and may serve residential uses located at least 18 inches
above grade and commercial uses located at adjacent sidewalk grade.
[Added 2-9-2009 by Ord. No. 2009-2]
LOADING SPACE
An off-street space or berth used for the loading or unloading
of cargo, products or materials from vehicles.
LOT
A designated parcel, tract or area of land established by
plat, subdivision or as otherwise permitted by law to be separately
owned, used, developed or built upon.
LOT AREA
The area contained within the lot lines but not including
any portion of street rights-of-way.
LOT, CORNER
A lot at the junction of two or more intersecting streets
where the interior angle of intersection does not exceed 135°.
LOT COVERAGE
The total area of all impervious surfaces made of any natural
or man-made surface that does not permit the infiltration of water,
including but not limited to principal and accessory buildings, covered
porches, swimming pools, driveways, sidewalks, patios, and parking
areas constructed of crushed stone, gravel, asphalt, and concrete.
[Amended 12-18-2006 by Ord. No. 2006-26]
LOT DEPTH
The average distance measured from the front lot line to
the rear lot line.
LOT FRONTAGE
The distance between the side lot lines measured along the
street line. The minimum lot frontage shall be the same as the lot
width, except that on curved streets with an outside radius of less
than 500 feet, the lot frontage may be reduced to not less than 50%
of the required minimum lot width. On corner lots, the lot frontage
requirements shall be met for each street frontage and the measurement
shall be made from side lot line to front lot line or from front lot
line to front lot line, as the case may be.
LOT LINE
Any line, including the street right-of-way line, forming
a portion of the boundary of a lot.
[Amended 4-18-2016 by Ord. No. 2016-3]
B.
LOT LINE, REARThe lot line opposite and most distant from the front lot line.
LOT WIDTH
The distance between side lot lines measured parallel to
the street line at the minimum required building setback from the
street right-of-way.
LOT, THROUGH
A lot whose side lot lines do not abut a street but has frontage
on two streets or one street and an alley. These lots may border intersecting
streets as well; see "corner lot," as defined.
[Amended 4-18-2016 by Ord. No. 2016-3]
OCCUPANCY
The specific purpose for which land or a building is used,
designed or maintained.
MARQUEE
A roof-like structure that is permanent that projects from
a wall of a building for the purpose of shielding a doorway or entrance
from the elements.
MEDICAL CLINIC
A public health facility, blood donor center, kidney dialysis
center, or walk-in medical office not requiring prior appointment.
[Added 3-5-2018 by Ord.
No. 2018-6]
MOTION PICTURE
Film or films, continuous slides or pictures of any nature.
In the case of adult entertainment, motion pictures show, depict or
reveal any person in any act of sexual conduct or sadomasochistic
abuse.
NIGHTCLUB
An establishment dispensing liquor and meals and in which
music, dancing or entertainment is conducted.
NONCONFORMING LOT
A lot, the area, dimensions or location of which was lawful
prior to the adoption, revision or amendment of this chapter but that
fails by reason of such adoption, revision or amendment to conform
to the present requirements of this chapter.
NONCONFORMING BUILDING or STRUCTURE
A building or structure, the size, dimensions or location
of which was lawful prior to the adoption, revision or amendment to
this chapter but that fails by reason of such adoption, revision or
amendment to conform to the present requirements of this chapter.
NONCONFORMING SIGN
Any sign lawfully existing on the effective date of this
chapter, or amendment thereto, that renders such sign nonconforming
because it does not conform to all the standards and regulations of
this chapter.
NONCONFORMING USE
A use or activity that was lawful prior to the adoption,
revision or amendment of this chapter but that fails by reason of
such adoption, revision or amendment to conform to the present requirements
of this chapter.
OFFICE, MEDICAL
A building or portion of a building principally engaged in
providing services for health maintenance, diagnosis (including testing)
and treatment of human diseases, pain or other physical or mental
condition of patients solely on an outpatient basis, but not to include
a behavioral health care center or residential medical detoxification
facility. No overnight patients shall be kept on the premises. Examples
of medical offices shall include but not be limited to general physicians,
dentists, chiropractors, psychologists, cardiologists and other various
specialties.
[Added 3-5-2018 by Ord.
No. 2018-6]
OFFICE, RESEARCH AND DEVELOPMENT
A building or portion of a building principally engaged in
developing new products or procedures, or to improvement of existing
products or procedures. Research and development offices may include
laboratory space, pilot manufacturing and production space and/or
office space.
[Added 3-5-2018 by Ord.
No. 2018-6]
OPEN SPACE
Any parcel or area of land or water, not containing any building,
unimproved or improved, 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.
OPEN SPACE, PUBLIC
An area of land other than a public street owned by a public
agency and maintained by it for the use and enjoyment of the general
public.
PARKING SPACE
An off-street space or covered area available and designed
for parking of a motor vehicle, exclusive of driveways appurtenant
and giving access thereto, located on the same lot as the use which
it is intended to serve and furnished with the necessary passageways
and driveways providing efficient circulation and access to the nearest
public street. Each parking space shall have minimum dimensions of
10 feet by 20 feet and shall be so situated that it is never necessary
for a vehicle to back therefrom directly into and adjoining street.
PATIO
An area that is level and surfaced with pavement, including,
but not limited to, stone, gravel, bricks, concrete, bituminous concrete,
pavers, etc., and is directly adjacent to a principal building. Patios
may be constructed at grade or above grade in a terraced fashion with
or without walls.
PERGOLA
A structure with a defined support system for an open roof,
either attached to a building or freestanding. The roof must maintain
a maximum opacity of 70%. All sides of the pergola shall be completely
and permanently open to the outside air.
[Added 12-18-2006 by Ord. No. 2006-26]
PERMITTED USE
Any use allowed in a zoning district and subject to the restrictions
applicable to that zoning district as set forth in this chapter.
PLACE OF WORSHIP
A church, synagogue, temple, mosque or other facility that
is used for prayer and worship by persons of similar beliefs.
PORCH
A roofed open area attached to a building with direct access
to or from the building. A second floor deck shall not be considered
a roof for a first floor porch. Each exterior wall of the porch, which
is not an exterior wall of the building, shall be permanently open
to the outside air, except for a small portion of the wall at the
top and the bottom, which may be solid, the total area of which, when
added together, shall be no more than 40% of the wall area. An open
porch may be screened. An open porch may not be heated or air conditioned.
[Added 6-20-2005 by Ord. No. 2005-12]
PRIMARY STREET
Provides both land access and movement within residential,
commercial and industrial areas. Penetrates and continues through
any type of land use.
[Added 2-9-2009 by Ord. No. 2009-2]
PRINCIPAL USE
The primary or predominant use of any lot or parcel.
PRIVATE RESIDENTIAL GARAGE
A structure that is accessory to a residential building and
that is used for the parking and storage of vehicles owned and operated
by the residents thereof and that is not a separate commercial enterprise
available to the general public. No private residential garage shall
contain an interior parking space, as defined, that is larger than
permitted by definition.
[Added 12-18-2006 by Ord. No. 2006-26]
PROFESSIONAL OFFICE
The office or studio of a member of a recognized profession,
including the offices of physicians, dentists, ministers, lawyers,
architects, professional engineers and such similar professional nontrade
occupations. The issuance of a state or local license for regulations
of any gainful occupation is not to be deemed solely indicative of
professional standing.
PROPERTY LINE
A property line is a lot or parcel line that defines the
limits of ownership.
PUBLIC AREAS, PUBLIC PARKS and PLAYGROUNDS:
A.
Public parks, playgrounds, trails, paths and
other recreational areas.
B.
Other public open spaces.
C.
Scenic and historic sites.
D.
Sites for school and other public buildings
and structures, including the uses of all municipal, county, state,
regional and federal government agencies.
E.
Public rights-of-way, cartways and easements.
QUASI-PUBLIC USE
A use owned or operated by a nonprofit, religious or eleemosynary
institution and providing educational, cultural, recreational, religious
or similar types of programs.
REAR LANE
A private street or easement providing vehicular and service
access to the rear of individual lots.
[Added 2-9-2009 by Ord. No. 2009-2]
RECREATION, ACTIVE
Leisure time activities, usually of a more formal nature
and performed with others, often requiring equipment and taking place
at prescribed places, sites or fields.
RECREATION AREAS and FACILITIES
Public-owned lands used for leisure-time activities, usually
of a formal nature and often performed with others, requiring equipment
and taking place at prescribed places, sites or fields, or leisure-time
activities that involve relatively inactive or less energetic activities,
such as walking, sitting, picnicking, card games and tables games.
RESIDENTIAL MEDICAL DETOXIFICATION CENTER
Medically monitored intensive inpatient treatment for substance
abuse that provides twenty-four-hour-per-day physician-supervised
evaluation and withdrawal management in a permanent facility with
beds based on substance-specific clinical protocols and policies and
that may include Suboxone induction, or similar medication, for opioid
dependence; a Level III.7D facility as classified by the Division
of Addiction Services, New Jersey Department of Human Services.
[Added 3-5-2018 by Ord.
No. 2018-6]
RIGHT-OF-WAY
The total width and length of the course of a street, alley,
watercourse, utility alignment, railroad or other way and within,
under or over which all improvements and rights of access are confined.
RESTAURANT
An establishment where food and drink are prepared, served
and consumed within the principal building. An outdoor eating area
supplemental and ancillary to the indoor eating and cooking facility
may be permitted, provided the outdoor eating area receives site plan
approval. Cafes, coffeehouses and “cyber” cafes, which
provide Internet access, are restaurants. Sexually oriented businesses
in which food and drink are prepared, served and consumed within the
principal building are not restaurants.
ROOFLINE
The juncture of the roof and the perimeter wall of the structure.
[Added 2-9-2009 by Ord. No. 2009-2]
ROOF PITCH
The slope of a roof, commonly expressed in inches of vertical
rise per foot of horizontal run.
[Added 12-18-2006 by Ord. No. 2006-25]
ROWHOUSE
A structure that contains at least three and no more than
four residential dwelling units attached side by side and has upstairs
and downstairs living space within each dwelling unit.
SECONDARY STREET
A street where movement is incidental and involves travel
to or from a collector or principal street.
[Added 2-9-2009 by Ord. No. 2009-2]
SETBACK
The distance between the building or structure and any lot
line.
SETBACK LINE
The line that is the required minimum distance from any lot
line and that establishes the area within which the principal and
accessory structures must be erected or placed.
SHOPFRONT AND AWNING COMMERCIAL STRUCTURE
A building frontage where the facade is aligned close to
the frontage line with the building entrance at sidewalk grade. The
building is conventional for retail, office, and residential mixed
use. It has substantial window and/or door openings on the first or
ground floor and an awning that may overlap the sidewalk to the maximum
extent practicable.
[Added 2-9-2009 by Ord. No. 2009-2]
SIGN
Any object, device, display or structure, or part thereof,
situated outdoors or indoors, which is used to advertise, identify,
display, direct or attract attention to an object, person, institution,
organization, business, product, service, event or location by any
means, including words, letters, figures, design, symbols, fixtures,
colors, illumination or projected images. Excluded from the definition
of signs are national or state flags, window displays, graffiti, banners,
athletic scoreboards or the official announcements or signs of government.
A.
SIGN, ANIMATED or MOVINGAny sign or part of a sign that changes physical position or light intensity by any movement or rotation or that gives the visual impression of such movement or rotation.
B.
SIGN, ATTACHEDA sign that is wholly or partly dependent upon a building for support.
(1)
Parallel signs attached to a wall project up
to 15 inches from the surface of the wall.
(2)
Perpendicularly attached signs project up to
five feet from the surface of the wall.
D.
SIGN, BILLBOARDA sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
E.
SIGN, BUSINESSA sign that directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured or to an entertainment offered on the premises where the sign is located.
F.
SIGN, DIRECTIONALA sign limited to directional messages, principally for pedestrian or vehicular traffic, such as “one-way,” “entrance” and “exit.”
G.
SIGN, DIRECTORYA sign listing the tenants or occupants of a building or group of buildings and that may indicate their respective professions or business activities.
H.
SIGN, WALLA sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and that does not project more than six inches from such building or structure.
I.
SIGN, FACEThe area or display surface used for the message.
K.
SIGN, GROUNDAny sign, other than a pole sign, in which the entire bottom is in contact with the ground and is independent of any other structure.
L.
SIGN, HOLIDAY DECORATIONTemporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.
N.
SIGN, ILLUMINATEDA sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.
O.
SIGN, REAL ESTATEA sign pertaining to the sale or lease of the premises, or a portion of the premises, on which the sign is located.
P.
SIGN, TEMPORARYA sign or advertising display constructed of cloth, canvas, fabric, plywood other light material and designed or intended to be displayed for a short period of time.
SIGN AREA
The entire face of a sign, including the advertising surface
and any framing, trim or molding but not including the supporting
structure.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow between a height of 30 inches and 15 feet above the ground
elevation in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SOLAR ENERGY SYSTEM
Consists of one or more photovoltaic, concentrated solar
thermal, or solar hot water devices as freestanding, building integrated,
or roof mounted, with related conversion equipment, the purpose of
which is as an accessory to the principal building by reducing or
meeting the energy needs of the principal use.
[Added 7-17-2023 by Ord. No. 2023-9]
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it, or if there
is no floor above it, then the space between the floor and the ceiling
next above it and including those basements used for the principal
use and with exposed walls more than 60% above surrounding grade.
[Amended 12-7-2015 by Ord. No. 2015-14]
STORY, HALF
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite walls are not more than two
feet or less than one foot above the finished floor of such story.
STREET
Any vehicular way that is an existing state, county or municipal
roadway; is shown upon a plat approved pursuant to law; is approved
by other official action or is shown on a plat duly filed and recorded
in the office of the County Recording Officer prior to the appointment
of a Joint Land Use Board and the grant to such Board of the power
to review plats; includes the land between the street lines, whether
improved or unimproved.
STREET LINE
The edge of the existing or future street right-of-way, whichever
would result in the widest right-of-way, as shown on the adopted Township
Master Plan or Official Map or as required by this chapter, forming
the dividing line between the street and property line.
STREETSCREEN
A freestanding wall built along the frontage line, often
for the purpose of masking a parking lot from the thoroughfare.
[Added 2-9-2009 by Ord. No. 2009-2]
STRUCTURE
A combination of materials to form a construction that is
safe and stable and includes among other affixed things a stadium,
platform, radio towers, buildings, billboards, sheds, storage bins
and swimming pools.
SWIMMING POOL
Includes any in-ground, aboveground and on-ground swimming
pools, hot tubs and spas that contain water 24 inches (610 mm) in
depth and which is used, or intended to be used, for swimming or recreational
bathing.
THEATER
A building or part of a building devoted to the showing of
motion pictures or for dramatic, dance, musical or other live performances,
excluding sexually oriented businesses.
URGENT CARE CENTER
A type of medical clinic in a building or portion of a building,
whether private or institution, principally engaged in providing walk-in,
extended-hour access for acute illness and injury care that is beyond
the scope or availability of the typical primary care practice or
other medical clinic. Patients shall be served solely on an outpatient
basis and such services shall not include overnight stays.
[Added 3-5-2018 by Ord.
No. 2018-6]
USE
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
VEHICLE, MOTOR
A self-propelled device licensed as a motor vehicle and used
for transportation of people or goods over roads.
[Added 5-2-2011 by Ord. No. 2011-13]
WALL:
A.
The vertical exterior surface of a building;
B.
Vertical interior surfaces which divide a building’s
space into rooms.
WAREHOUSE
A building used primarily for the storage of goods and materials.
YARD
An open unoccupied space, except as permitted and defined
otherwise in this chapter, extending between any building and lot
line or street line. All yard dimensions shall be measured parallel
to the horizon and at right angles to either a straight street line,
lot line or building facade or perpendicular to the point of tangency
of curved lines and facades.
[Amended 4-18-2016 by Ord. No. 2016-3]
A.
YARD, FRONTThe area extending across the full width of a lot between the street line and the nearest point of the building to the street line, also known as the "front building line," as defined, extending to the side lot lines from such point in lines parallel or concentric to the street line. On lots with multiple lot frontages, such as corner lots, the front yard standards shall apply to all lot frontages unless otherwise provided in this chapter.
B.
YARD, REARThe area extending across the full width of a lot between the rear lot line and nearest point of the building to the rear lot line, also known as the "rear building line," as defined, extending to the side lot lines from such point in lines parallel or concentric to the street line. In the case of a corner lot, the rear yard shall be parallel to the narrower of the two street frontages. In the case of a corner lot with equidistant street frontages, the rear yard shall be parallel to main entrance facing the street.
C.
YARD, SIDEThe area extending from the front yard to the rear yard and lying between each side lot line and the nearest point of the building to a side lot line. In the case of a corner lot, all yards not meeting front and rear yards shall be side yards, and the side yard shall be measured from each side lot line to the nearest point of the building to a side lot line.
ZONING OFFICER
The officer designated by the Township of Delanco Committee
to administer the Zoning Ordinance and issue zoning permits.
ZONING PERMIT
An official document signed by the Zoning Officer setting
forth either that a building or structure does comply with this chapter
or that a building, structure or parcel of land may lawfully be used
for specified uses, or both.