As used in this chapter, the following terms
shall have the meanings indicated:
A subordinate structure on the same lot with a principal
structure. Where an accessory structure is attached to a principal
structure in a substantial manner, by a wall or roof, such accessory
structure shall be considered part of the principal structure.
A use naturally and normally incident and subordinate to
the principal use of a structure or lot and located on the same lot
as the principal use to which it relates.
An extension or increase in floor area or height of a building
or structure.
A facility where aircraft or airborne vehicles, of all types,
land and take off and which may provide storage, maintenance and fuel
services for such aircraft and which, as to design, surface, maintenance,
repair and management thereof meets the minimum requirements of, and
is licensed pursuant to, N.J.S.A. 6:1-1 et seq., whether such facility
be public or private. The term "airport" shall include airstrip, airfield,
landing field, landing strip, heliport, helistop and all other like
facilities.
A change or rearrangement in the structural parts, the means
of egress, or an enlargement, whether by extending on a side or by
increasing in height of a building or structure; or to change the
use of a structure or land or to move a structure from one location
or position to another.
A building or structure, or portion thereof, designed or
used as the residence or sleeping place of one or more persons, including
but not limited to: one-family, two-family and multiple dwellings,
condominiums, cooperatives, apartment hotels, boarding and rooming
houses, motels, tourist cabins, trailers, tents and other types of
movable buildings.
See § 215-128.
Any premises on which are held at periodic times, and from
time to time, auction sales of merchandise or personal property.
A portion of the building partly underground, but having
less than 1/2 its clear height below the average grade of the adjoining
ground plus at least one means of egress directly to the exterior
of the building.
A room planned or used primarily for sleeping.
A person who is not related to the head of the household
and who may or may not pay for the privilege of boarding.
A dwelling in which people, either individuals or as families,
are housed or lodged, for hire, with meals and which contains five
or fewer such rooms for hire.
A strip of land containing natural woodlands, earth mounds
or other planted screening material, and separating one kind of land
use from another or separating a planned development from any other
development.
A structure which is designed, built or occupied as a shelter;
or roofed enclosure for persons, animals, property, or shelters, located
on foundations or other supports and used for residential, business,
mercantile, storage, commercial, professional, industrial, institutional,
assembly, educational or recreational purposes.
The vertical distance measured from the grade at the base
of the building to the highest elevation of the roof.
A line established by this chapter, within a lot, defining
the minimum distance between any structure, or portion thereof, to
be erected or altered, and an adjacent right-of-way, easement, street
line or common open space.
A permit required prior to constructing, moving or altering
any building or structure, issued in compliance with the New Jersey
Uniform Construction Code Act and this chapter.
A building in which is conducted the main or principal use
of the lot on which the building is located.
[Amended 12-3-2001]
A portable structure, or a wheelbased structure built on
a chassis, which is self-propelled or designed to be transported by
tractors or carried as a self-propelled vehicle, and which is designed
and intended to be used as a temporary dwelling for travel, recreation
or vacation purposes. The term "camping vehicle" shall include the
following:
TRAVEL TRAILERA wheelbased vehicle built on a chassis designed to be hauled by traction which has a body width not exceeding eight feet and a body length not exceeding 24 feet.
PICKUP COACHA structure designed primarily to be mounted on a pickup or truck chassis and for use as a temporary dwelling.
MOTORIZED CAMPERA temporary dwelling designed and constructed as an integral part of a self-propelled vehicle. (See also "trailer.")
A portion of the building partly underground, having 1/2
or more than 1/2 of its clear height below the average grade of the
adjoining ground with or without at least one means of egress directly
to the exterior of the building.
That certificate issued by the Construction Official in accordance
with the New Jersey Uniform Construction Code Act and this chapter.
The triangle formed by the point of intersection of the right-of-way
lines of two intersecting streets and the points on each of the intersection
right-of-way lines at a given distance from the point of intersection.
Areas to be developed as a single entity according to a plan
containing residential housing, commercial and/or industrial units,
which have a common or public open space as an appurtenance.
Any commercial use under separate ownership or lease.
Trucks, buses, sedan delivery vehicles, station wagons with
advertising matter on the sides, or any other commercially used vehicle
except a passenger car with no advertising matter exposed to view.
A parcel or parcels of land or an area of water, or a combination
of land and water, within the site designed and intended for the use
or enjoyment of residents and owners of the development and/or community.
Common open space may contain such complementary structures and improvements
as are necessary and appropriate for the benefit and enjoyment of
residents and owners of the development, as permitted.
Ownership of two or more contiguous parcels of real property
by the same person or persons.
A vertical wall and/or horizontal separation forming a structural
part of two buildings or of two separately owned and/or rented units
in the same building.
[Amended 12-3-2001]
Buildings, structures, recreational devices, service systems
and other facilities generally available to and/or operated for the
benefit of residents, including but not limited to swimming pools,
tennis courts, building entries and passageways, roads, drainage systems,
pedestrian and bicycle pathways, sewage treatment plants and other
facilities (municipal buildings, schools).
A use permitted in a particular zoning district only upon a showing that such use in a specified location will comply with the conditions and standards for the location or operation of such use, as contained in this chapter, and upon the issuance of an authorization therefor by the Planning Board, as outlined in Article XXV of this chapter.
A parcel, plot or area of land abutting a public street complying
with the minimum requirements of N.J.S.A. 40:55D-35, exclusive of
any area within such public street, whose area is sufficient to provide
the yard, space and setback requirements and the minimum area requirement
for the zone district in which it is located and complying with all
other minimum requirements for said district, as required by this
chapter.
A lot at the junction of, and having frontage on, two or
more intersecting streets.
Any unbuilt space other than a yard.
The portion of a site, expressed as a percentage, covered
by impervious materials.
The diameter of a tree trunk at breast height (typically
three feet six inches above ground level).
The process of subdividing or obtaining site plan review.
It may also refer to the improvement of land and, in proper context,
to a subdivision or planned development.
A construction schedule and plan showing the year in which
each portion of a development will be constructed.
Part of the municipality to which certain uniform regulations
of this chapter apply as a separate zone district.
The lands required for the installation of stormwater sewers
or drainage ditches, or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage, in accordance with N.J.S.A.
58:1-1 to 58:1-34.
A business involving the serving of food and drink outside
the confines of the building or where patrons are served food and
drink at counters, stools or bars outside the confines of the building
or where food and drink is intended for immediate consumption outside
the confines of the building or in automobiles.
A double house consisting of two separate dwelling units
under one roof, each complete in itself, with closed partition between,
with independent means of ingress and egress in front and rear, and
with separate sewer, water, and other utility services.
A building, or portion thereof, designed or used as the residence
or sleeping place of one or more persons, including but not limited
to one-family, two-family and multiple dwellings, condominiums, cooperatives,
apartment hotels, boardinghouses and rooming houses, motel tourist
cabins, trailers or trailer courts, tents and other types of movable
buildings.
SINGLE-FAMILY DETACHEDA freestanding residential building which contains one dwelling unit and which has no common walls with other units.
SINGLE-FAMILY ATTACHEDA dwelling unit sharing a common wall with one or more single-family dwelling units.
DUPLEX (SEMIDETACHED)A residential structure connected to a similar structure on one side by a vertical or horizontal common wall or separation.
TRIPLEXThree dwelling units in a single structure, each unit having one or more vertical or horizontal common walls or separations.
QUADRAPLEXFour dwelling units in a single structure, each unit having one or more vertical or horizontal common walls or separations.
TOWNHOUSEA single dwelling unit in a structure containing five or more units sharing two vertical common walls, except that the end units have a single common wall.
GARDEN APARTMENTA building containing a group of separate dwelling units, so designed that not more than two apartments are served by a common entry.
A residential dwelling unit without a separate bedroom and
not exceeding 600 square feet in size.
A written statement, documented by maps and charts as appropriate,
examining, discussing and evaluating the impacts of a particular aspect
of a proposed development. An evaluation, in this context, shall include
a comparison of the development and its impacts, as appropriate, to
applicable standards set forth in this chapter. If no standards in
this chapter are applicable to the particular aspect which is the
subject of the evaluation, then to generally accepted standards.
The total wall surface, including door and window areas,
of a building's principal face. In the case of corner buildings which
front on more than one street, only one face shall be used to calculate
facade area.
An individual living as a single housekeeping unit or a number
of persons, including foster children as defined by law, and persons
related by blood, marriage or adoption living together as a single
housekeeping unit.
A structure of wood, metal, stone, masonry or other material
and shall also include barriers formed by living vegetation.
A parcel, plot or area of land abutting a public street,
complying with the minimum requirements of N.J.S.A. 40:55D-35, whose
width at the street line and/or at the building setback line is less
than that required by the zone district in which it is located and
whose principal portion shall be to the rear of a conforming lot;
such lot shall comply with the minimum requirements hereinafter set
forth.
The area of all floors computed by using the dimensions of
the outside walls of each floor of a building. Only those areas having
five feet or more clear head room with completed floors, ceilings
and partitions may be considered in computing floor area and at least
1/2 of the included floor area shall have a minimum ceiling height
of seven feet six inches. Cellars, porches, balconies, patios, terraces,
breezeways, carports, verandas and garages are excluded; except that
enclosed porches and patios which are heated and used year-round may
be counted in computing the floor area, provided the walls, ceilings,
foundation, etc., are the same as required for the remaining structure.
That property line of a lot coinciding with the right-of-way
line of a street or other way, public or private, giving access to
such lot.
A detached accessory building or portion of the principal
building designed primarily for the storage of passenger vehicles
and not more than one commercial vehicle with a rated capacity not
exceeding 3/4 ton.
A building space, other than a private garage, which is primarily
used for the storage, repair, retail, maintenance and major repair
of motor vehicles and the retail sales of motor vehicles, in connection
with a franchised dealership; and which may include such facilities
designed or used for polishing, greasing, washing, spraying and otherwise
servicing of such motor vehicles incidental thereto, other than service
stations as hereinafter defined, the sale of motor fuel and the sale
of previously registered motor vehicles, commonly referred to as "used
cars." The sale of previously registered automobiles as a primary
use shall be prohibited.[1]
A retail place of business engaged primarily in the sale
of motor fuels but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs. Major automotive repairs, painting
and body and fender work are excluded. (See "service station, automotive.")
See "floor area."
Any room except those used for kitchen, bath or utility purposes.
Any occupation for gain or support conducted by members of
the family residing in a dwelling unit, and conducted solely within
the dwelling unit or accessory building, such as, by way of illustration,
dress making millinery, home baking and the like.
A building containing more than five rooms used, rented or
hired out, to be occupied for sleeping purposes by guests, where general
kitchen, dining room and/or banquet rooms are provided within the
building.
A use by a public or nonprofit quasi-public or private institution
for educational, religious, charitable, medical or civic purposes.
A point where two or more streets meet and/or cross.
A lot and/or structure used or intended to be used for the
conducting and operating of the business of selling, buying, storing
or trading in used or discarded metal, glass, paper, bags, cordage
or any used or disabled fixtures, vehicles or equipment of any kind.
A business devoted to the boarding, care or breeding of dogs
and cats.
That housing which may be produced at lowest price given
compliance with New Jersey Uniform Construction Code Act and other
applicable regulations.
An off-street space or berth on the same lot with a building
or contiguous to a group of buildings for the temporary parking of
a commercial vehicle while loading or unloading merchandise or material.
A parcel, plot or area of land, legally established, with
precise boundaries determinable from a deed description or map filed
in the office of the County Clerk.
The total area included within the lot lines. Where the property
line extends to the center of a street and the street right-of-way
width has not been determined, the area of a lot for the purpose of
this chapter shall not include land within 25 feet of the center line
of the street. Where a right-of-way width is shown on either a subdivision
map, or official map of the state, county or municipality, the area
of the lot shall not include any portion of the actual or proposed
right-of-way.
That part or percentage of the lot covered by building area.
The horizontal distance between the front and rear lot lines
measured along the median between the two side lot lines.
The horizontal distance between the side lot lines measured
along the street line.
A single-family dwelling, having no permanent foundation,
designed and constructed to be transported on its own wheels by traction
to a site, capable of being relocated to another site, and not normally
designed and constructed to comply with the requirements of the building
code for a conventional structure. (See "trailer.")
A building which contains living or sleeping accommodations
for transient occupancy and have individual outside entrances to each
unit.
A structure or facility designed and constructed for residential
occupation but not necessarily to comply with building code requirements
for conventional residential construction, which may be transported
to the site upon which it is to be used as a unit or as sections,
comprising one or more rooms capable of being assembled to form a
dwelling which is designed and constructed so as to be and capable
of being relocated; provided this shall not be construed to include
houses which were originally erected on one location and permanently
to the freehold before being moved, or modular homes. (See "trailer.")
A building designed or used as a residence of three or more
dwelling units, garden apartments, condominiums and cooperatives,
however, not exceeding two stories in height.
[Amended 12-3-2001]
The earth itself, the water upon or under the surface of
the earth, the air above the earth, and plants, animals, fish, birds,
insects and other living creatures growing upon or inhabiting the
earth, the water or the air.
Materials found to exist naturally and/or have undergone
minor modification, reduction or alloying by man, which can be reused
(recycled) or are biodegradable. Such materials would include wood,
stone, brick, rapid oxidizing metals such as iron, recyclable metals
and minerals such as copper and glass and some alloys such as tin,
bronze and brass. Plastics, polyvinyl chlorides, special polymers,
aluminum, chromium, special steels and other exotic man-made or highly
refined materials are specifically and generally excluded.
A building or structure or use lawfully existing at the time
of enactment of this chapter, or subsequent amendments thereto, that
does not conform to the regulations of this chapter for the zone in
which it is located.
A lot or parcel which does not have the minimum width or
contain the minimum lot area for the zone in which it is located.
An offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or repeating invasion or disturbance of another's rights; including
the actual or potential emanation of any physical characteristics,
activity or use across a property line, which can be perceived by
or affect a human being of ordinary sensibility or the generation
of an excessive or concentrated movement of people or things such
as, but not limited to:
Dust.
Smoke.
Fumes.
Odor.
Glare.
Flashes.
Vibration.
Shock waves.
Heat.
Electronic or atomic radiation.
Objectionable effluent.
Noise or congregation of people, especially
at night.
Passenger traffic.
Transportation of things by truck, rail, or
other means.
Invasion of nonabutting street frontage by parking.[2]
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services
and administrative and executive purposes, as distinguished from a
shop or store.
A building containing one dwelling unit only and not occupied
or designed for occupancy by more than one family.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated, or received for public or private
use.
A permitted reduction in lot sizes and lot area requirements
in major subdivisions in which the density requirement (dwelling units
per acre) is maintained and where all resulting open land within said
subdivision is deeded to the municipality for public purposes or reserved
as permanent open space, i.e., cluster development.
Any individual, firm, association, syndicate, copartnership
or corporation having sufficient proprietary interest in the land
to commence and maintain proceedings under this chapter.
An open area, other than a street or other public way, used
for the parking of motor vehicles and available for use as a service
or privilege to guests, licensees, clients, customers, suppliers or
residents. It shall include driveways and access drives located within
the lot area.
An off-street space for the parking of one motor vehicle.
Such parking space shall have an area of not less than 162 square
feet, exclusive of access drives or aisles, excepting in a residential
area, there shall be a minimum of nine feet in width measured perpendicular
to the axis of the length, and shall have adequate provision for ingress
and egress.
That destruction which is less than total destruction as
determined by the Tax Assessor in levying taxes on said premises.
That is to say, if the damaged improvement still has sufficient value
so that it is assessed, the destruction is determined to be partial.
A cleared way for pedestrians and/or bicycles to travel which
may or may not be paved.
Any building or structure with foundation walls or footings
that support the aboveground elements and which cannot easily or conveniently
be removed therefrom.
An individual, association, partnership, corporation or joint
venture.
Planned unit development, or planned unit residential development,
where an area of land controlled by a landowner is to be developed
as a single entity for one or more uses and where standard lot bulk,
height and area requirements are replaced with performance standards
with impact evaluation proceedings.
A lot or parcel of ground including any buildings or structures
thereon.
A structure arranged, adapted or designed for the predominant
or primary use for which a lot may be used.
The primary or predominant use of the premises.
A building or portion thereof used as the place of business
of a person, corporation, firm or public agency for professional services.
A duly incorporated organization composed of all owners of
property in a development.
A building which is owned and/or used by a governmental agency.
See "institutional use."
An open or covered structure of permanent or temporary construction
which fronts on a public street located on land which is owned or
leased by the operator for the purposes of direct-to-consumer commodity
sales.
A person who is not related to the head of the household,
and who pays for the privilege of rooming.
Any dwelling in which people, either as individuals or as
families, are housed or lodged, for hire, and which contains five
or fewer such rooms for hire.[3]
A retail place of business engaged primarily in the sale
of motor fuels but also in supplying goods and services generally
required in the operation and maintenance of automotive vehicles and
the fulfilling of motorist needs. Major automotive repairs, painting
and body and fender work are functions associated with a public garage
and not with a service station.
The distance of clear sight required in the alignment of
streets and roads.
Any announcement, declaration, demonstration, billboard,
display, illustration or insignia used to promote or advertise the
interests of any person, group of persons, company, corporation, service
or product when the same is placed, erected, attached, painted or
printed, to advertise or promote the interest of the same, when placed
out of doors in view of the general public, or placed where it may
be viewed from the outside of any structure where placed.
Any sign supported by uprights or braces placed upon or in
the ground, and not attached to any building.
A sign which advertises a business which is not conducted
or a product which is not sold on the lot where the sign is located.
A structure designed for occupancy by one family. Not more
than two roomers or boarders may occupy such a structure.
A separate area containing separate sanitary facilities and/or
cooking facilities.
Ownership by one person, or ownership by two or more persons
jointly as joint tenants, as tenants by the entirety or as tenants
in common of a separate lot not adjacent to land in the same ownership.
A plan of a lot or subdivision on which is shown topography location of all buildings, structures, roads, rights-of-way, boundaries, all essential dimensions and bearings, and any other information deemed necessary by the Zoning Board and/or Planning Board in unusual or special cases. (See Chapter 171, Site Plan Review.)
A building or part thereof in which or from which merchandise
or services are furnished directly to the public.
A building or part thereof where merchandise is displayed
for sale and sold at wholesale.
[Amended 12-3-2001]
That portion of a structure included between the surface
of a floor and the surface of the next floor above it, or, if there
is no floor above it, then the space between the floor and the ceiling
next above it.
Any public or private right-of-way commonly used by the public
for motor vehicle movement and which is approved for purposes of issuing
building permits. For the purpose of this chapter, streets shall be
classified as follows:
ARTERIAL STREETSThose which are used primarily for fast or heavy traffic.
COLLECTOR STREETSThose which carry traffic from minor streets to the major system of arterial streets, including the principal entrance streets of a residential development and streets for circulation within such a development.
CUL-DE-SACA dead-end street providing access to adjacent lots.
MARGINAL ACCESS STREETSStreets which are parallel to and adjacent to arterial streets and highways, and which provide access to abutting properties and protection from through traffic.
MINOR AND/OR LOCAL STREETSThose which are used primarily for access to the abutting properties.
The line which separates the publicly owned or controlled
street right-of-way from the private property which abuts upon said
street, as distinct from a sidewalk line, curbline or edge-of-pavement
line.
Anything constructed or erected which requires permanent
or temporary location on the ground or attachment to something having
such location, excluding unroofed patios and agricultural fences five
feet in height and under.
A residence in which, as an accessory use, a habitable room
or habitable rooms are rented by the day or night to transients.
A self-contained independent dwelling unit attached by common
wall between it and an adjacent unit or units extending from the basement
to the roof and providing at least two means of access to the outside.
A wheelbased vehicle that is designed to be transported by
traction and which is used or may be used as a dwelling or for the
transportation or storage of goods, materials, livestock or any object.
For the purposes of this chapter, trailers shall be considered buildings
and are intended to be regulated as such, where trailers are permitted.
The regulations of this chapter that apply to trailers shall also
apply to the following vehicles as herein defined below:
CAMPING VEHICLEAs defined above.[4]
MOTORIZED HOMEA portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
MOBILE HOMEAs defined above.
MOVABLE HOMEAs defined above.
BOAT TRAILERA trailer designed for the purpose of transporting a boat overland.
HORSE TRAILERA trailer designed for the purpose of transporting horses or animals overland.
TENT TRAILERA trailer with a built-in or attached tent designed and equipped to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
A parcel of land in one ownership on which there is located
or intended to be located one or more trailer coaches occupied for
living purposes; a trailer camp. Trailer coaches on individual lots
under separate ownership are not trailer parks or courts.
A premises which is used for the temporary parking of motor
freight vehicles between trips and for the transfer of freight between
trucks or between trucks and rail facilities for shipment elsewhere
and where the storage of freight or cargo is only temporary, and which
also may contain facilities for dispensing motor fuels.
The specific purpose for which land or building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
A building used for the temporary storage of goods, materials
or merchandise for later or subsequent distribution of delivery elsewhere
for purposes of processing or sale.
FRONT YARDAn area, unoccupied, except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the abutting street line and the nearest part of the principal structure on the lot.
SIDE YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending from the front yard to the rear yard of a lot and lying between the side lot line and the nearest part of the principal structure on the lot.
REAR YARDAn area, unoccupied except by a use as hereinafter specifically permitted, extending across the full width of a lot and lying between the rear lot line and the nearest part of the existing or proposed principal structure on the lot. If there is no rear lot line, as in the case of a triangular shaped lot, or if there is doubt as to determination of rear yard measurement, the rear yard requirement of this chapter shall be construed as conforming provided there can be drawn entirely within the property a quadrilateral formed by the rear line of the existing or proposed principal building, the extension of the sidelines of the principal building from the rear of the principal building and a line connecting said extended building side lines, which quadrilateral shall have an average depth measured from the rear of the building equal to at least the required minimum rear yard. In no event shall the principal building be located closer to a property line at any point other than the minimum side yard requirement.
A permit issued by the Zoning Officer in accordance with § 215-157 of this chapter.
[1]
Editor's Note: The former definition of "garden
apartments," which immediately followed this definition, was deleted
12-3-2001.
[2]
Editor's Note: The former definition of "off
premises sign," which immediately followed this subsection, was deleted
12-3-2001.
[3]
Editor's Note: The former definition of "setback
lines," which immediately followed this definition, was deleted 12-3-2001.
[4]
Editor's Note: The former definitions of "travel
trailer" and "pickup coach," which immediately followed this definition,
were deleted 12-3-2001.
