For the purposes of this chapter, certain words and phrases shall have certain meanings, which for words of the singular number shall include the plural number, and vice versa, for words of the female gender shall include the male gender and vice versa, and for words in the present tense shall include the future tense.
For the purposes of this chapter, the term “shall” indicates a mandatory requirement, and the term “may” indicates a permissive action.
For the purposes of this chapter, the meaning of words and phrases as defined in the Municipal Land Use Law shall have the meaning as defined therein, unless expressly defined to the contrary in this chapter.
For the purposes of this chapter, the following words and phrases shall have the following definitions:
ACCESSORY BUILDING OR STRUCTURE
A building or structure which requires a footing and which is customarily associated with and is subordinate and incidental to a principal building or structure, and which is located on the same tax lot therewith, including but not limited to garages, carports, doghouses, sheds, freestanding air-conditioning units, nonportable swimming pools, tennis courts, and other similar structures. Any accessory building or structure attached to the principal building or structure shall be considered part of that principal building or structure.
[Amended 4-27-2004 by Ord. No. 12-2004]
ACCESSORY DWELLING UNIT
A single bedroom and associated living area, kitchen and bathroom facilities within an accessory building or structure in a downtown zoning district on a lot for which residential is an allowable use.
[Added 6-10-2008 by Ord. No. 2008-13]
ACCESSORY USE
A use of land or of a structure or portion thereof that is incidental and subordinate and customarily supportive of and to the principal use of the land or structure and located on the same lot with such principal use.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
ADA
Americans With Disabilities Act. Signed into law on July 26, 1990, the Americans with Disabilities Act is a wide-ranging legislation intended to make American society more accessible to people with disabilities.
[Added 6-10-2008 by Ord. No. 2008-13]
ADMINISTRATIVE OFFICER
The Zoning Officer of the Borough of Haddonfield, or such other municipal official as may hereafter be designated by ordinance, who shall exercise all of the duties, responsibilities and authority granted to the Administrative Officer by the Municipal Land Use Law.
ALTERATIONS OR ADDITIONS, STRUCTURAL
Any change in or additions to the supporting members of a building or structure, such as walls, columns, beams, girders, joists, or posts.
APARTMENT BUILDING
A building type consisting of one or more rooms with private bath and kitchen facilities comprising an independent, self-contained dwelling unit in a building comprising three or more such units that may also contain commercial and accessory uses as permitted by the use regulations of this chapter.
[Added 12-17-2019 by Ord. No. 2019-20]
APPLICANT
The landowner or any other person holding an option or contract to purchase, or any other person authorized in writing to act for any of the foregoing persons in submitting an application under this chapter.
APPLICATION FOR DEVELOPMENT
The application form or appeal form, and all accompanying documents required by this chapter or state law to be submitted for review of a subdivision plat, site plan, conditional use, zoning variance, Historic District certificate of appropriateness, or direction for issuance of a permit pursuant to the Municipal Land Use Law.
APPROVING AUTHORITY
The Planning Board of the Borough of Haddonfield or the Zoning Board of Adjustment of the Borough of Haddonfield, unless some other agency is designated by state, federal or local law.
ARCADE
A series of piers topped by arches that support a permanent roof over a sidewalk. It is also the space contiguous to the pedestrian realm separated by those columns. The space is open to the public and serves as an entrance into a building.
[Added 6-10-2008 by Ord. No. 2008-13]
AWNING
A nonpermanent roof-like structure supported by a frame that projects out from a facade over windows and doors.
[Added 6-10-2008 by Ord. No. 2008-13]
BALCONY
An open portion of an upper floor that extends beyond a building's exterior wall and is not supported from below by vertical columns or piers.
[Added 6-10-2008 by Ord. No. 2008-13]
BASEMENT
An interior space, or portion thereof, having a floor level below the average finished grade at the foundation wall of the building or structure in which it is contained, and having a floor to ceiling height of not less than 6.5 feet. A basement shall be considered as a story where the top of the foundation or exterior basement wall is:
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; amended 5-14-2019 by Ord. No. 2019-05]
A. 
More than three feet above the average grade (existing or finished), determined by measuring the elevation at every corner of the building and at the midpoints between all of the corners, adding the elevations and dividing that sum by the number of measurements; or
B. 
More than three feet above the finished grade for 50% or more of the total building perimeter; or
C. 
More than 10 feet above the finished grade at any point.
BAY WINDOW
A window that projects beyond the exterior wall of a building.
[Added 6-10-2008 by Ord. No. 2008-13]
BEDROOM
A room planned and used primarily for sleeping, separable from other rooms by a door, and accessible to a bathroom without going through another bedroom.
BLOCK
An area that can be comprised of parcels and alleys, and that is surrounded by rights-of-way on all sides.
[Added 6-10-2008 by Ord. No. 2008-13]
BLOCKFACE
Those properties having frontage and property addresses on the same side and section of the street between a pair of cross streets.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
BOROUGH
The Borough of Haddonfield, in the County of Camden and State of New Jersey.
BUILDING
A structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls, and intended for the shelter, housing or enclosing of persons, animals or property.[1]
BUILDING FOOTPRINT
The area within the perimeter of a building, typically measured at the foundation.
[Added 6-10-2008 by Ord. No. 2008-13]
BUILDING TYPE
A downtown zoning district category of structure that is determined by a building's height, scale, use, and location of the building on its lot.
[Added 6-10-2008 by Ord. No. 2008-13]
BUSINESS OFFICE
The office of any legal enterprise, which is identified by a legal exterior sign, employees, personnel who must come to the business, etc., but excluding retail uses, professional uses, personal service uses, and banks.
CHURCH
A house of worship.
CIVIC BUILDING
A building type in a downtown zoning district that contains public or civic uses of special significance to residents, employees, or visitors. Civic buildings are used for the following purposes: community services, day care, education, government, places of worship, or social services. Civic buildings do not include retail buildings, residential buildings, or buildings with private offices.
[Added 6-10-2008 by Ord. No. 2008-13]
CIVIC USE
Use of a lot, building, or structure by a house of worship, library, school, or municipal use.
[Added 6-10-2008 by Ord. No. 2008-13]
COLONNADE
Similar to an arcade but supported by vertical columns without arches.
[Added 6-10-2008 by Ord. No. 2008-13]
COMMERCIAL USE
A category of uses that includes retail uses, but excludes personal services, Types I, II and III (as defined herein), offices and residential uses.
[Added 6-10-2008 by Ord. No. 2008-13; amended 11-7-2012 by Ord. No. 2012-16; 1-12-2016 by Ord. No. 2015-13]
COMMERCIAL USE (TYPE II)
The retail legal sale of marijuana for medical use.
[Added 8-20-2019 by Ord. No. 2019-14]
COMMON PROPERTY
A parcel or parcels of land, or an area of water, or a combination thereof, together with the improvements thereon, intended for the ownership, use and enjoyment of the owners and residents of a development. Common property may contain such accessory structures and improvements as are necessary for the use or enjoyment of the owners and residents of a development.
COMPLETE APPLICATION
An application form completed as specified by this chapter and the rules and regulations of the Borough of Haddonfield and all accompanying documents required by this chapter for review of the application for development, including where applicable, but not limited to, a site plan or subdivision plat, provided that the municipal agency may require such additional information not specified in this chapter or revisions to the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.
CONDITIONAL USE
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use as specified in this chapter.
CONSTRUCTION CODE OFFICIAL
The Construction Code Official of the Borough of Haddonfield, or such other individual designated by the Board of Commissioners.
[Amended 4-27-2004 by Ord. No. 12-2004]
CORNER BUILDING
A building in a downtown zoning district constructed on the corner of a block to hold the spatial definition of an intersection. That design technique is often referred to as "holding the corner."
[Added 6-10-2008 by Ord. No. 2008-13]
CORNER LOT LINE
The property line of a corner lot along the secondary street.
[Added 6-10-2008 by Ord. No. 2008-13]
CORNICE
A traditional architectural feature with horizontal molding projecting from the facade.
[Added 6-10-2008 by Ord. No. 2008-13]
CORNICE LINE
A prominent, continuous, horizontally projecting feature surmounting a building's front facade, dividing it horizontally for compositional purposes.
[Added 6-10-2008 by Ord. No. 2008-13]
COTTAGE HOUSE
A building type in a downtown zoning district that is a variant of the single-family detached house building type, with a lower allowable height and smaller side and front setbacks. It is intended for smaller lots.
[Added 6-10-2008 by Ord. No. 2008-13]
COURTYARD
An outdoor area that is enclosed by a building on at least three sides and is open to the sky.
[Added 6-10-2008 by Ord. No. 2008-13]
COURTYARD BUILDING
A building type in a downtown zoning district with multiple dwellings that are arranged around and fronting on a central garden or courtyard that may be partially or wholly open to the street.
[Added 6-10-2008 by Ord. No. 2008-13]
COVERAGE, BUILDING
The square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns and including decks and open porches.
COVERAGE, IMPERVIOUS (replaces “coverage, hard surface” here and anywhere else in this chapter where appropriate)
The square footage or other area measurement upon a lot as measured in a horizontal plane to include all buildings, parking lots, patios, driveways, sidewalks, walkways, stairs, chimneys, pools, decks, and other inorganic impervious surfaces that are highly resistant to infiltration by water, regardless of void ratios.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 3-9-2021 by Ord. No. 2021-02]
CROSSWALK
A path clearly delineated on a street to indicate where pedestrians should cross.
[Added 6-10-2008 by Ord. No. 2008-13]
CURB CUT
A break in the curbline and sidewalk for means of ingress or egress of motor vehicles.
[Added 6-10-2008 by Ord. No. 2008-13]
DEVELOPMENT
The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, the change in any site conditions, or the use or change in use of any building, structure or lot for which approval may be required under this chapter.
DISH ANTENNAS
A dish-type antenna is defined as a saucer or circular-shaped antenna functioning as an antenna for reception of television programming. Such objects are also known as satellite dishes, earth stations, and home video earth stations.
DISPLAY WINDOWS
Windows on the ground story of a building that allow visibility into and out of a retail space and are used for retail display.
[Added 6-10-2008 by Ord. No. 2008-13]
DOWNTOWN AREA
The area of Haddonfield that is delineated on the Downtown Zoning District Map and similarly referenced in the Borough Master Plan.
[Added 6-10-2008 by Ord. No. 2008-13]
DOWNTOWN ZONING DISTRICT
The four zoning districts mapped in the downtown area.
[Added 6-10-2008 by Ord. No. 2008-13]
DRAINAGE OR UTILITY RIGHT-OF-WAY
The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, or required along a natural stream or watercourse for preserving the channel and providing for the flow of water therein to safeguard the public against flood damage.
DWELLING UNIT
A room or series of connected rooms used for permanent or temporary residency and containing living, sleeping and sanitary facilities for one family. The dwelling unit shall be self-contained and shall not require the resident or occupant to move from one portion of the dwelling unit to another portion thereof by use of exterior stairs or routes. A dwelling unit shall not share any interior facilities with another dwelling unit.
DWELLING UNIT, SINGLE-FAMILY
A dwelling unit in a building physically detached from other buildings or portions of buildings.
DWELLING UNIT, TOWNHOUSE
A dwelling unit that is one of a series of dwelling units which is attached by a common fireproof and sound-resistant wall (which wall shall start at the lowest footing line and go to the underside of the highest roof sheathing or higher) to one or more similar adjacent dwelling units. For downtown zoning districts, the common wall between townhouses must align with the lot line between properties.
[Amended 6-10-2008 by Ord. No. 2008-13]
EASEMENT
A use or burden imposed on real property to permit a specific use of land by anyone other than the landowner.
EAVE HEIGHT
The height of a building, as measured from grade to the eave line or the lowest point of the primary roof structure.
[Added 6-10-2008 by Ord. No. 2008-13]
EAVE LINE
For a pitched roof, the lowest point of the primary roof structure.
[Added 6-10-2008 by Ord. No. 2008-13]
ENCROACHMENT
Any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending beyond a front yard setback line, rear yard setback line, side yard setback line, or into the public right-of-way.
[Added 6-10-2008 by Ord. No. 2008-13]
EXPRESSION LINE
A traditional architectural feature (such as a decorative linear element, horizontal or vertical) on the exterior of a building that typically delineates the floors or bays of a building. Use of this element impacts the perceived scale of a building by dividing it into more human-scaled pieces.
[Added 6-10-2008 by Ord. No. 2008-13]
FACADE
The exterior face (front, rear or side elevations) of a building, including but not limited to, the walls, windows, window sills, doorways and such other traditional design elements, including but not limited to horizontal lines, cornices and parapets.
[Added 6-10-2008 by Ord. No. 2008-13; amended 5-14-2019 by Ord. No. 2019-05]
FAMILY
One or more persons occupying a dwelling unit as a single housekeeping unit, who are living together as a permanent living unit.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
FENCE
An artificially constructed barrier of any nonliving material or combination of such materials erected to enclose, screen or separate areas of land.
FLEX BUILDING
A multistory building type in a downtown zoning district with multiple dwellings or offices in upper stories and retail or office uses on the ground floor. Often, these buildings have common walls on one or both side lot lines.
[Added 6-10-2008 by Ord. No. 2008-13]
FLOODPLAIN
The relatively flat area adjoining a river or water course which has been or may be covered by floodwater, including the following components:
FLOODWAY
The river or watercourse and the adjacent land area that must be reserved in order to discharge the design flood without cumulatively increasing the water surface elevation more than one foot.
FLOOD HAZARD AREA
Land in the floodplain subject to a one-percent or greater chance of flood in any given year.
FLOOD FRINGE AREA
That portion of the flood hazard area outside the floodway.
FLOOR AREA
The entire enclosed floor areas of a building or structure, measured from the outside of the exterior walls, including attics and basements having no less than 6.5 feet of headroom, except for attached garages used primarily for the storage of motor vehicles, and all detached garages.
FLOOR AREA RATIO (F.A.R.)
The ratio of the total floor area to the area of the lot or tract.
FRONTAGE PERCENTAGE
The percentage of the width of a lot that is required to be occupied by the building's primary facade.
[Added 6-10-2008 by Ord. No. 2008-13]
FRONT FACADE
The side of a building that faces a street; corner buildings have two front facades.
[Added 6-10-2008 by Ord. No. 2008-13]
FRONT YARD SETBACK LINE
A line drawn parallel with the street line or the front lot line and drawn through the point of a building or structure nearest to the street line or front lot line.
[Added 6-10-2008 by Ord. No. 2008-13]
GARAGE
A detached accessory building, or a portion of a principal building, containing one or more parking spaces and used primarily for the storage of motor vehicles owned or used by the occupant of the principal building.
[Added 5-14-2019 by Ord. No. 2019-05]
GARDEN OR GREENHOUSE WINDOW
A glass-sided window that protrudes from the facade of the building to increase light and which is commonly used for growing plants.
[Added 5-14-2019 by Ord. No. 2019-05]
GASOLINE STATION
Lands, buildings and structures providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs, or painting, or extended storage of inoperable or wrecked motor vehicles shall be permitted. Additionally no car wash operation, motor vehicle rental service, parking for a fee, snack or convenience store, or other activity not specifically part of a gasoline station shall be permitted.
GOVERNING BODY
The Board of Commissioners of the Borough of Haddonfield.
GRADE
The slope of a road, path, driveway, swale or other surface; or the average finished ground elevation adjoining a building or structure at project completion.
GRADE, PRECONSTRUCTION
The elevation of a property in its current condition, before demolition or excavation occurs.
[Added 5-14-2019 by Ord. No. 2019-05]
GROUND FLOOR
The first floor of a building that is level with or elevated above the sidewalk, excluding basements and cellars.
[Amended 6-10-2008 by Ord. No. 2008-13]
HEIGHT (DOWNTOWN ZONING DISTRICT)
The dimension of a building, measured from the lowest point of grade along the building's perimeter to the highest point along the roofline. This dimension is expressed both in terms of stories and in terms of feet.
[Added 6-10-2008 by Ord. No. 2008-13; amended 5-9-2017 by Ord. No. 2017-06]
HEIGHT (ZONES OUTSIDE OF DOWNTOWN ZONING DISTRICT)
The vertical distance of a building measured from the average pre-construction grade or average finished grade, whichever is lower, around the building's perimeter to the highest point along the roofline. This dimension is expressed both in terms of stories and in terms of feet. Average grade shall be determined by measuring the elevation at every corner of the building and at the midpoints between all corners, adding the elevations and dividing that sum by the number of measurements.
[Added 5-9-2017 by Ord. No. 2017-06; amended 5-14-2019 by Ord. No. 2019-05]
A. 
As part of the application for a construction permit, an applicant shall submit to the construction official a height calculation form provided by the construction official. Prior to the issuance of a certificate of occupancy or approval of construction, an applicant must submit to the construction official an as-built survey certified by a licensed New Jersey surveyor, which includes the setbacks and heights of all structures.
HOME OCCUPATION USE
Any legal craft, such as sewing, weaving, painting and other similar artistic activities, and conducted in a resident's dwelling unit. A home occupation use shall not have any employees or signs, nor shall any commercial motor vehicles be regularly parked at the residence.
HOME OFFICE USE
Any legal use of a portion of a dwelling unit for an office by a resident. A home office use shall not have any employees, any signs, any customers, patients, clients, or similar categories of persons visiting the home, nor shall any commercial motor vehicles be regularly parked at the residence.
HOUSE OF WORSHIP
A special purpose building or structure, or a special purpose group of buildings or structures, that is architecturally designed, particularly adapted, and specifically constructed for the primary use of conducting, on a regular basis, formal, organized religious services and associated accessory uses, by a nonprofit, recognized, religious congregation or body.
[Amended 4-27-2004 by Ord. No. 12-2004]
HVAC
Mechanical systems which control the ambient environment (temperature, humidity, air flow, and air filtering.) "HVAC" stands for heating, ventilation, and air conditioning.
[Added 6-10-2008 by Ord. No. 2008-13]
IN-KIND
Same materials and of the same dimensions, profile, characteristic details, texture and location as existing.
[Added 10-9-2012 by Ord. No. 2012-14]
JUNK CARS
Vehicles which are not currently licensed or registered and thus cannot legally operate on public roads under the laws of the State of New Jersey or are in such physical condition that they are not capable of safely operating on public roads under the laws of the State of New Jersey.
[Added 1-25-1994 by Ord. No. 1689]
LINER BUILDING
A building type in a downtown zoning district that is a building or portion of a building constructed in front of a parking garage, cinema, supermarket etc., to conceal large expanses of blank wall area and to face the street space with a facade that has ample doors and windows opening onto the sidewalk.
[Added 6-10-2008 by Ord. No. 2008-13]
LIVE-WORK BUILDING
A building type in a downtown zoning district that is a variant of a flex building or townhouse building type that combines living space with work space, retail space and/or professional space that is related to the livelihood of the building's occupants. All of these uses may occupy any story of the building. A live-work building may include one unit or multiple units, and may be an attached or detached building.
[Added 6-10-2008 by Ord. No. 2008-13]
LOADING SPACE
An off-street parking space or berth located on the same lot with a building or group of buildings, and used for the temporary parking of a commercial motor vehicle while loading or unloading.
LOT
Any parcel, tract or area of land established by a subdivision plat or deed of record, or otherwise as permitted by law, except that for the purposes of this chapter, contiguous undersized lots under one ownership shall be considered to be one lot, and no portion of an existing public street or right-of-way shall be included in calculating a lot boundary or lot area.
LOT AREA
The area contained within the lot lines of a lot and not including any portion of a street or right-of-way. Area dimensions of all lots shall be presumptively taken as those on the current tax map for the Borough of Haddonfield.
LOT, CORNER
A lot abutting two or more streets at their intersection where the interior angle of the intersection does not exceed 135° or a lot upon two parts of the same street forming an interior angle that does not exceed 135°. Each corner lot shall have front yards that face the street(s) and side yard(s) that do not face any street. Corner lots shall otherwise comply with all other area and yard requirements of the applicable zone, including lot depth.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; amended 5-14-2019 by Ord. No. 2019-05]
135 Lot, corner.tif
LOT DEPTH
The length of a straight line joining the midpoint of the front lot line and the midpoint of the rear lot line.
[Amended 5-14-2019 by Ord. No. 2019-05]
LOT, DOUBLE-FRONTED
A lot fronting on two streets, and not a corner lot.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
LOT, FLAG
A lot whose access is from a lane narrower than the minimum lot width and whose main portion is situated behind a lot or lots that abut the right-of-way.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
LOT FRONTAGE
The straight-line distance between side lot lines at the points where they intersect the front lot line. For corner lots, the secondary front lot line shall be considered a side lot line for purposes of this calculation.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; amended 5-14-2019 by Ord. No. 2019-05]
135 Lot frontage.tif
LOT, INTERIOR
Any lot that is not a corner lot.
LOT LINE
The property lines bounding a lot.
[Added 6-10-2008 by Ord. No. 2008-13]
LOT LINE, FRONT
The lot line that fronts (abuts) the street line. Where a lot abuts more than one street, the front lot line is that lot line that abuts the street shown in the property address identification portion of the tax records of the Borough of Haddonfield as of September 4, 2019. All other lot lines abutting a street shall be considered secondary front lot lines.
[Added 5-14-2019 by Ord. No. 2019-05; amended 8-20-2019 by Ord. No. 2019-14]
135 Lot line, secondary front.tif
LOT LINE, REAR
The property line that is opposite and most distant from the front lot line. In case of a lot pointed at the rear (i.e., triangular or pentagonal), the rear lot line shall be an imaginary line parallel to and furthest from the front lot line, provided the imaginary line is not less than 10 feet long and is wholly located within the lot.
[Added 5-14-2019 by Ord. No. 2019-05]
135 Lot line, rear.tif
LOT LINE, SECONDARY FRONT
A lot line that fronts (abuts) a street but which is not the front lot line.
[Added 5-14-2019 by Ord. No. 2019-05]
135 Lot line, secondary front.tif
LOT WIDTH
The straight-line distance between the side lot lines at the points where they intersect the front yard setback line. For corner lots, the secondary front lot line shall be considered a side lot line for purposes of this calculation.
[Amended 5-14-2019 by Ord. No. 2019-05]
MAINTENANCE GUARANTEE
Any security, other than cash, acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final inspection of the improvements and acceptance of the improvements by the governing body, and in accordance with the requirements of statute and this chapter.
MANOR HOUSE
A building type in a downtown zoning district that resembles a large house but which contains multiple dwellings above and beside each other.
[Added 6-10-2008 by Ord. No. 2008-13]
MASSING
The manner in which a building's height, depth, and width are proportionate to the width of the street on which it is located.
[Added 6-10-2008 by Ord. No. 2008-13]
MASTER PLAN
A composite of one or more written or graphic proposals for the development of the Borough of Haddonfield pursuant to the Municipal Land Use Law.
MEAN ELEVATION
The average of the ground level measurements of the four extreme corner points of any proposed or existing building or structure.
MINOR PROJECTS
Projects that include rear yard patios not visible from a public right-of-way, in-kind replacement of steps and walkways, rear yard accessory buildings of 100 square feet or less, in-kind driveway replacements, fence repairs and in-kind fence replacement, in-kind replacement of porch decking/"wearing surface," not to include structure of deck, in-kind replacement of roofing and/or gutters.
[Added 10-9-2012 by Ord. No. 2012-14]
MIXED USE
A building that includes more than one use; typically having different uses on the first floor and the upper floors of the building. A common example is ground story commercial with offices or residences on upper floors.
[Added 6-10-2008 by Ord. No. 2008-13]
MULTIFAMILY
A category of residential structure that includes more than one dwelling unit on a property. Twins are not considered multifamily structure.
[Added 6-10-2008 by Ord. No. 2008-13]
MUNICIPAL AGENCY
The Planning Board, Zoning Board of Adjustment, Historic Preservation Commission, or the Board of Commissioners, or any other municipal agency acting pursuant to the Municipal Land Use Law.
MUNICIPAL USE
The use of land, building or structures by the Borough or by any officially created authority or agency thereof.
MUNICIPAL LAND USE LAW
N.J.S.A. 40:55D-1 et seq.
NONCONFORMING BUILDING OR STRUCTURE
A building or structure which in its location upon the lot or in its size does not conform to the requirements of this chapter for the zone in which it is located.
NONCONFORMING LOT
A lot which does not have the minimum frontage, or width, or depth, or contain the minimum lot area required to conform to the requirements of this chapter for the zone in which it is located.
NONCONFORMING USE
A use of a building, structure or lot which does not conform to the requirements of this chapter for the zone in which it is located.
NONRESIDENTIAL STRUCTURE
A structure in a downtown zoning district of a building type customarily associated with uses other than residential uses.
[Added 6-10-2008 by Ord. No. 2008-13]
OFF SITE
Not located on the lot or property which is the subject of the development application, nor on a contiguous portion of a public right-of-way.
OFF-STREET PARKING
Parking which is not located on any street. It shall include parking that is located on-site and/or off-site.
[Added 5-9-2017 by Ord. No. 2017-06]
ON SITE
Located on the lot or property which is the subject of the development application.
PARKING SPACE
An area of not less than nine feet in width by 18 feet in length, either within a building or structure or in the open, for the parking of motor vehicles, and exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing herein shall prohibit private and individual driveways for individual dwelling units from being considered off-street parking spaces, provided that no portion of such private driveway in front of the building setback line shall be considered to be a parking space. A parking space is intended to be sufficient to accommodate motor vehicles, whether or not wheel blocks are installed within this area to prevent the bumper from overhanging the end of the parking space. The width and length of each space shall be measured perpendicularly to each other, regardless of the angle of the parking space to the access drive or driveway.
PEDESTRIAN REALM
The area of the public right-of-way intended for pedestrian movement; the area between the face of the curb and the nearest property line.
[Added 6-10-2008 by Ord. No. 2008-13]
PERFORMANCE GUARANTEE
Any security, other than cash, acceptable to the governing body to assure the construction of duly approved improvements installed by the developer in accordance with the approved development application, and in accordance with the requirements of statute and this chapter.
PERMITTED USE
Any use of land, buildings or structures that is permitted by this chapter.[2]
PERSONAL SERVICE USE (TYPE I)
A business enterprise or use primarily engaged in:
[Added 11-7-2012 by Ord. No. 2012-16]
A. 
Providing services to a person’s goods or apparel, including tailors, cobblers, dry cleaners and similar occupations or services; or
B. 
Providing services involving direct physical contact only with a customer’s head, hands or feet, including a barbershop, beauty salon or manicurist.
PERSONAL SERVICE USE (TYPE II)
[Added 11-7-2012 by Ord. No. 2012-16]
A. 
A business enterprise or use primarily engaged in providing services to a person and involving personal contact with, or applying materials to, a person’s body other than head, hand or feet, including massage therapy, body works therapy, tattoo parlor, body piercing and similar occupations and services which are provided by individuals licensed to provide such services by the State of New Jersey.
B. 
A business enterprise or use engaged in providing consultation, guidance or other forms of instruction and direction based upon the interpretation of objects, symbols or personal characteristics such as fortune telling, Tarot card readings or palm reading, life coaching or other similar services.
PERSONAL SERVICE USE (TYPE III)
A business which makes its facility and/or equipment available for use by its customers either alone or in conjunction with the providing of services, instruction or training, such as an exercise facility, dance studio, yoga studio, aerobic center or other similar activities.
[Added 11-7-2012 by Ord. No. 2012-16]
PITCHED ROOF
A cap type made up of a slope or pitch that may or may not include dormer windows. It is typically found on residential buildings.
[Added 6-10-2008 by Ord. No. 2008-13]
PODIUM BUILDING
A building type in a downtown zoning district that is a variant of a liner building type in which a large-volume use structure (such as parking or a cinema) is not only lined with street-related development but also capped with upper levels of habitable space.
[Added 6-10-2008 by Ord. No. 2008-13]
PORCH
A covered area, open to the outside except for a roof or support structures such as columns or railings, adjoining an entrance to a building.
[Added 6-10-2008 by Ord. No. 2008-13]
PRINCIPAL STRUCTURE
A building that houses the principal use on the lot.
[Added 6-10-2008 by Ord. No. 2008-13]
PRINCIPAL USE
The primary or predominant use of a lot.
PROFESSIONAL OFFICE
The office of a member of a recognized and legal profession maintained for the conduct of that profession, including attorneys, certified landscape architects, chiropractors, dentists, physicians, podiatrists, professional engineers, professional planners, psychologists, registered architects, certified public accountants, real estate agencies, and no others.
[Amended 4-27-2004 by Ord. No. 12-2004; 8-25-2009 by Ord. No. 2009-15]
PROPERTY LINE
A line that legally describes the boundaries of a piece of property or lot.
[Added 6-10-2008 by Ord. No. 2008-13]
PROTRUSION (also known as a "projection")
Any portion of a principal building or structure that does not extend to the ground and is not greater than eight feet in width, including but not limited to bay windows and bow windows.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002]
REAR YARD SETBACK LINE
A line drawn parallel with the rear lot line to establish the closest distance the rear of the building can be placed in relation to the rear lot line.
[Added 6-10-2008 by Ord. No. 2008-13]
RECESSED ENTRY
A doorway that is inset from the front facade of a building.
[Added 6-10-2008 by Ord. No. 2008-13]
RESIDENTIAL STRUCTURE
A structure in a downtown zoning district of a building type customarily associated with residential uses.
[Added 6-10-2008 by Ord. No. 2008-13]
RESIDENTIAL USE
A use that includes one or more dwelling units.
[Added 6-10-2008 by Ord. No. 2008-13]
RESTAURANT
Any establishment however designated at which food is sold primarily for consumption on the premises. Restaurants shall not have drive-in, drive-through or walk-up facilities. A snack bar or refreshment stand at a facility such as a public or community park, playfield or playground, or at a swimming pool or swimming club, and operated solely by the agency or group running the facility for the convenience of the patrons thereof, shall not be deemed to be a restaurant.
RESUBDIVISION
The further division of a lot or the adjustment of a lot line or lot lines.
RETAIL USE
A place of business engaged in selling tangible goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods or merchandise. Travel agencies are retail uses.
[Amended 8-25-2009 by Ord. No. 2009-15]
RIGHT-OF-WAY or R.O.W.
A strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, gas pipeline, water main, sanitary or storm sewer main, shade tree, or for another special use.
[Added 6-10-2008 by Ord. No. 2008-13]
ROOFLINE
The highest point of a building, such as the top of a pitched roof, parapet or cornice.
[Added 6-10-2008 by Ord. No. 2008-13]
SCALE
The proportion of a structure's mass and bulk in relationship to other structures in the structure's neighborhood. The relative size of a building, street fixture, sign, or other architectural element.
[Added 6-10-2008 by Ord. No. 2008-13]
SENIOR CITIZEN HOUSING
Housing designed and constructed as an age-restricted project where at least one resident of any unit must be 62 years of age or older, and all additional residents of the same unit must be 55 years of age or older, except that the spouse of the sixty-two-year-old individual may be younger than 55 years of age.[3]
[Amended 3-25-1997 by Ord. No. 1747; 2-10-1998 by Ord. No. 1762]
SETBACK LINE, REQUIRED
The setback line establishing the minimum front yard required by this chapter for that zone.
SHOPFRONT
A storefront with a stoop or porch, characterized by a display window that is smaller than the traditional storefront. The entrance into the building is from a porch or a stoop. This facade is typically found on live-work or other mixed-use buildings that contain commercial uses on the ground floor, but have residential features such as a pitched rather than a flat roof.
[Added 6-10-2008 by Ord. No. 2008-13]
SIDEWALK
An improved path for pedestrian use outside the cartway.
[Added 6-10-2008 by Ord. No. 2008-13]
SIDEWALK RESTAURANTS
A restaurant which uses any portion of the public right-of-way for patron or employee usage and/or storage of furniture, equipment or food for the restaurant. This type of use shall not be permitted without a conditional use variance approval from the Planning Board and annual approval by the governing body under the terms set by the Planning Board and the governing body.
[Added 1-25-1994 by Ord. No. 1689]
SIDE YARD BUILDING
A building type in a downtown zoning district that abuts one side lot line, with a lawn or garden along the other side.
[Added 6-10-2008 by Ord. No. 2008-13]
SIDE YARD SETBACK LINE
A line drawn parallel with the a side lot line and drawn through the point of a building or structure nearest to the street line or front lot line.
[Added 6-10-2008 by Ord. No. 2008-13]
SIGHT EASEMENT AT INTERSECTION
The triangular area established in accordance with the requirements of this chapter in which no grading, planting or structure shall be erected or maintained more than one foot above the elevation of the adjacent curb (or if no curb, the street), except for street signs, fire hydrants or utility poles, and other similar structures erected by or with the permission of the Borough.
SIGN
A lettered board or other display, or any portion thereof, on which any announcement, declaration, demonstration, logo, presentation, illumination or insignia is used to promote the interest of any person. Also see additional sign definitions in § 135-82B of this chapter.
SINGLE-FAMILY DETACHED HOUSE
A building type in a downtown zoning district that comprises one dwelling unit, and is detached with small side yards and a large front yard.
[Added 6-10-2008 by Ord. No. 2008-13]
SITE PLAN
A development plan of one or more lots on which is shown:
A. 
The existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, floodplains, marshes and waterways;
B. 
The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress or egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
C. 
Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the development plan in accordance with the requirements of this chapter.
SITE PLAN, MINOR
Any site plan which is limited to the proposed construction of any permitted accessory use expressly permitted by this chapter, or which consists of an expansion of or addition to an existing conforming structure and use, provided that such site plan does not involve the installation of any road improvements or the expansion of any public facilities.
SITE PLAN, MAJOR
Any site plan which is not a minor site plan.
SPECIAL CORNER BUILDING
A building type in a downtown zoning district that is a variant of the flex building type for corner lots on major streets. Front and side setbacks are set to zero to allow for "holding the corner."
[Added 6-10-2008 by Ord. No. 2008-13]
STOOP
A staircase on the facade of a building that leads either to a small entrance platform or directly to the main entry door. It can be combined with a visible basement and used with residential, commercial, or office uses.
[Added 6-10-2008 by Ord. No. 2008-13]
STOREFRONT
A ground floor facade with a large display window.
[Added 6-10-2008 by Ord. No. 2008-13]
STORY
That portion of a building included between the upper surface of a floor and the upper surface of the floor next above it. A cellar or basement meeting the definition in this chapter shall not be considered a story. A half-story is the top floor of a building provided that a seven-foot or higher ceiling height above the half-story floor does not occupy more than 33% of the area of the floor immediately below.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; amended 5-14-2019 by Ord. No. 2019-05]
STREET
Any street, avenue, boulevard, road, parkway, highway, drive or other way which is an existing Borough, county or state roadway, or is shown on a plat heretofore approved pursuant to law; and which includes the land between the street lines, whether improved or unimproved, and all pavements, shoulders, curbs, gutters, sidewalks, parking areas, and utility lines.
STREET FURNITURE
Features on a public street that provide for a pedestrian's comfort, such as benches, trash cans, and bicycle racks.
[Added 6-10-2008 by Ord. No. 2008-13]
STREET LINE
The edge of the existing or future street right-of-way, whichever may result in the wider street, as shown on the adopted Master Plan or Official Map, and which forms the dividing line between the street and the adjacent lot.
STREETSCAPE
Design elements along the public right-of-way, including streetlights, sidewalks, landscaping, street furniture, and signage.
[Added 6-10-2008 by Ord. No. 2008-13]
STRUCTURAL ALTERATION
Any change in or addition to the supporting members of a building or structure, such as bearing wall partitions, columns, beams or girders.
STRUCTURE
Anything constructed, assembled, or erected which requires location on the ground or attachment to something having such location on or in the ground, including but not limited to buildings, decks, fences, tennis courts, tanks, towers, signs, and swimming pools.
STUDIO
The commercial use of premises for the production of dance, live music, creative writing, painting, drawings, pottery or sculpture, video, moving or still photography, teaching incidental to production, and for selling of products produced, in whole or majority part, in that facility. A studio use may have employees and signs.
[Added 6-10-2008 by Ord. No. 2008-13]
SUBDIVISION
The division of a tract, lot or parcel of land into two or more lots, tracts, parcels or other division of land for sale or development. The following shall not be considered subdivisions within the meaning of this chapter if no new streets are created: divisions of property by testamentary or intestate provisions; divisions of property upon court order, including but not limited to judgments of foreclosure; consolidation of existing lots by deed or other recorded instrument; and the conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the administrative officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map of the municipality. The term "subdivision" shall also include the term "resubdivision."
SUBDIVISION, MAJOR
Any subdivision which is not a minor subdivision.
SUBDIVISION, MINOR
Any subdivision containing not more than two lots (one new lot and the remaining lot), each fronting on an existing street and not requiring any new street or the extension of Borough facilities. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
SWIMMING POOL
Any body of water, whether located above ground, below ground, or both, having a depth of 1.5 feet, a water surface area of 100 square feet, or both, and designed and maintained for human swimming, and including all buildings, structures, equipment and appurtenances thereto.
TRANSPARENCY
The degree, measured as a percentage of the overall facade space, to which a facade has clear, transparent windows on each story.
[Added 6-10-2008 by Ord. No. 2008-13]
TWIN
A building type in a downtown zoning district that is a variant of a townhouse building type, a semidetached building that consists of two dwelling units that abut along a property line. A twin building type has one small side yard and a large front yard.
[Added 6-10-2008 by Ord. No. 2008-13]
TWIN UNIT OR DWELLING
A single-family dwelling or unit on a lot which is attached to one other like dwelling or unit, also known as a twin dwelling or unit.
[Amended 7-23-2002 by Ord. No. 1825, effective 9-15-2002; 6-10-2008 by Ord. No. 2008-13]
UPPER FLOOR
Any occupiable floor of a building that is above the ground floor.
[Added 6-10-2008 by Ord. No. 2008-13]
VARIANCE
A departure from the requirements of Articles III, IV, V and X of this chapter authorized by the appropriate municipal agency pursuant to the Municipal Land Use Law; provided, however, that any deviation from the number of parking spaces required by this chapter can only be granted by a variance.
[Amended 5-9-2017 by Ord. No. 2017-06]
YARD
An open space which lies between a building and the lot line.
YARD, FRONT
A space extending the full width of the lot between any building and the front lot line and measured from and at right angles from the closest point of a building to the front lot line.
[Amended 5-14-2019 by Ord. No. 2019-05]
YARD, REAR
A space extending across the full width of the lot between the principal building measured from and at right angles from the closest point of the building to the rear lot line.
[Amended 5-14-2019 by Ord. No. 2019-05]
YARD, SIDE
A yard measured from the side lot line to a building or structure, except that driveways, aprons, curbs, retaining walls, landscaping structures, drainage structures, rain flow conduits, and fences are permitted in the side yard of any property.
[Amended 4-14-1998 by Ord. No. 1770]
[1]
Editor's Note: The former definition of “building height,” as amended, which immediately followed this definition, was repealed 6-10-2008 by Ord. No. 2008-13.
[2]
Editor's Note: The former definition of "personal service use, " which immediately followed this definition, was repealed 11-7-2012 by Ord. No. 2012-16.
[3]
Editor's Note: The former definitions of "semidetached single-family dwelling or unit," and "setback line," as amended, which immediately followed this definition, were repealed 6-10-2008 by Ord. No. 2008-13.