A.Â
Word usage. Words in the present tense include the
future; the singular number includes the plural, and the plural includes
the singular; the word "lot" includes the word "plot," the word "building"
includes the word "structure," the word "street" includes the word
"road," the word "occupied" includes the words "designed or intended
to be occupied," and the word "used" includes the words "arranged,
designed or intended to be used."
B.Â
BUILDING
BUILDING, ACCESSORY
BUILDING, ACCESSORY USE
BUILDING ALTERATION
BUILDING AREA
BUILDING HEIGHT
BUILDING LIVING FLOOR SPACE
BUILDING, NONCONFORMING
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
(6)Â
(7)Â
BUILDING STORY
COMMON OWNERSHIP
COMMUNITY RESIDENCE FOR PERSONS WITH HEAD INJURIES
COMMUNITY RESIDENCE FOR THE DEVELOPMENTALLY DISABLED
COMMUNITY RESIDENCE FOR THE TERMINALLY ILL
COMMUNITY SHELTER FOR VICTIMS OF DOMESTIC VIOLENCE
COURT, INNER
COURT, LENGTH OF OUTER
COURT, OUTER
CURB LEVEL
DWELLING
FAMILY
GARAGE, COMMERCIAL
GARAGE, PRIVATE
GARAGE, PUBLIC
IMPERVIOUS COVERAGE
LIVING FLOOR SPACE
LOT
LOT, CORNER
LOT DEPTH
LOT, INTERIOR
LOT, REAR OR BACK
LOT, SUBDIVISION
PORCH, OPEN
PREMISES
SIGN
SIGN AREA MEASUREMENT
SIGN DISPLAY AREA
SIGN, BILLBOARD (BILLBOARD SIGN)
(1)Â
(2)Â
SIGN, DOUBLE-FACED (DOUBLE-FACED SIGN)
SIGN, FREESTANDING (FREESTANDING SIGN)
SIGN, ILLUMINATED (ILLUMINATED SIGN)
SIGN, MULTIPLE MESSAGE (MULTIPLE MESSAGE SIGN)
SIGN, OFF-PREMISES ADVERTISING (OFF-PREMISES ADVERTISING SIGN)
SIGN, ON-PREMISES ADVERTISING (ON-PREMISES ADVERTISING SIGN)
SIGN, STATIC MESSAGE (STATIC MESSAGE SIGN)
SIGN, V-TYPE (V-TYPE SIGN)
SINGLE-FAMILY DWELLING
STORE, RETAIL
STREET
STREET LINE
STRUCTURAL ALTERATION
STRUCTURE
TEMPORARY STORAGE STRUCTURE
TEMPORARY STORAGE STRUCTURE UNIT
USE, NONCONFORMING
YARD
YARD, FRONT
YARD, REAR
YARD, SIDE
Certain words in this chapter are defined for the
purposes hereof as follows:
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
A subordinate building or structure on the same lot with
a main building, or a portion of the main building, occupied or devoted
exclusively to an accessory use. Where an accessory building is attached
to a main building in a substantial manner by a wall or roof, such
accessory building shall be considered part of the main building.
A private garage shall be considered an "accessory building."
A use naturally and normally incident and subordinate to
the main use of the premises.
Any change in supporting members of a building and any addition
to a building, any change in use from that of one zone classification
to another and the removal of a building from one location to another.
The ground cover area of a building and its accessories.
The vertical distance from the grade to the top of the ridge.
Those habitable areas within a building which are enclosed
by the outside walls of the building or structure exclusive of porches,
garage floor space, breezeways and stoops, attic and basement floors.
Any building, together with attached porch, breezeway, stoop,
garage and other appurtenances, shall be deemed to be nonconforming
whenever it shall possess one or more of the following characteristics:
Whenever it contains less living floor space, as defined in Article X hereof, than the minimum prescribed for the zone in which it is located.
Whenever it abuts a front yard measuring less
than the prescribed minimum in depth between the side line of the
street upon which the building lot fronts and the furthermost projection
of the building, including that of the porch, stoop, breezeway, garage,
overhang or other attached appurtenance in a perpendicular direction
toward said street.
Whenever it abuts a side yard of less width than the minimum prescribed for the zone in which located, or the minimum permitted by Article X hereof whenever such provisions shall be applicable.
Whenever, in the case of a corner lot, it abuts a side yard of less than the prescribed minimum measured between the side line of the side street intersecting the street of principal frontage and the furthermost projection of the building, including that of the porch, stoop, breezeway, garage or other attached appurtenance in a perpendicular direction toward said side street, or the minimum permitted by Article X and § 207-14D hereof whenever such provisions shall be applicable.
Whenever it abuts a rear yard of less depth
than the minimum prescribed for the zone in which it is located.
Whenever, by reason of the commencement of the
erection, alteration or addition to prior to the enactment of this
chapter, or by reason of a variance therefrom granted by competent
authority, it does not conform to the provisions of any regulation
prescribed for the zone in which it is located and which nonconforming
characteristics are in addition to those set forth in Subsection B(1),
(2), (3), (4) and (5) above.
Whenever said building is on a lot which does
not conform to the minimum requirements.
|
The above examples are enumerated to point out
the most usual examples of nonconformance but are not intended to
enumerate all possible nonconformances.
|
That part of a building between any floor and the floor above
or, in its absence, the ceiling or roof above. The height of a "story"
shall be defined in the Borough of Kinnelon Building Code.
[1]Ownership, by one person or by two or more persons owning
property jointly or in common, of two or more contiguous parcels of
real property.
A community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 11B-1 et seq.), providing food, shelter and
personal guidance, under such supervision as required, to not more
than 15 persons with head injuries who require assistance, temporarily
or permanently, in order to live in the community and shall include
but not be limited to group homes, halfway houses, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). As used
herein, "person with head injury" means a person who has sustained
an injury, illness or traumatic changes to the skull, the brain contents
or its coverings which results in a temporary or permanent physiobiological
decrease of mental, cognitive, behavioral, social or physical functioning
which causes partial or total disability.
[Added 4-16-1998 by Ord. No. 6-98]
Any community residential facility licensed pursuant to P.L.
1977, c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter
and personal guidance, under such supervision as required, to not
more than 15 developmentally disabled or mentally ill persons who
require assistance, temporarily or permanently, in order to live in
the community and shall include but not be limited to group homes,
halfway houses, intermediate care facilities, supervised apartment
living arrangements and hostels. Such a residence shall not be considered
a health care facility within the meaning of the Health Care Facilities
Planning Act, P.L. 1971, c. 136 (N.J.S.A. 26:2H-1 et seq.). In the
case of such a community residence housing mentally ill persons, such
residence shall have been approved for a purchase of service contract
or an affiliation agreement pursuant to such procedures as shall be
established by regulation of the Division of Mental Health and Hospitals
of the Department of Human Services. As used herein, "developmentally
disabled person" means a person who is developmentally disabled as
defined in Section 2 of P.L. 1977, c. 448 (N.J.S.A. 30:11B-2), and
"mentally ill person" means a person who is afflicted with a mental
illness as defined in N.J.S.A. 30:4-23,[2] but shall not include a person who has been committed
after having been found not guilty of a criminal offense by reason
of insanity or having been found unfit to be tried on a criminal charge.
[Added 4-16-1998 by Ord. No. 6-98]
Any community residential facility operated as a hospice
program providing food, shelter, personal guidance and health care
services, under such supervision as required, to not more than 15
terminally ill persons.
[Added 4-16-1998 by Ord. No. 6-98]
Any shelter approved for a purchase of service contract and
certified pursuant to standards and procedures established by regulation
of the Department of Human Services pursuant to P.L. 1979, c. 337
(N.J.S.A. 30:14-1 et seq.), providing food, shelter, medical care,
legal assistance, personal guidance and other services to not more
than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
[Added 4-16-1998 by Ord. No. 6-98]
An open, unoccupied space, other than a yard, on the same
lot with a building and not extending to either the street or the
yard.
The horizontal distance between the end opening on a street
or rear yard and the end opposite such street or rear yard.
An open, unoccupied space, other than a yard, on the same
lot with a building, extending to either the street or the rear yard.
The permanently established grade of the street in front
of the lot.
[3]Any building or portion thereof which is designed for or
occupied for residential purposes.
[4]One or more persons occupying a dwelling as a single nonprofit
housekeeping unit, whose relationship is of a permanent and domestic
character and who are living together as a stable and permanent living
unit, using certain rooms and cooking or bathing facilities in common,
and being a traditional family unit or the functional equivalent thereof.
Nothing herein contained shall be deemed to interfere with or restrict
the placement of children in a group home pursuant to N.J.S.A. 40:55D-66c
or any other use of single-family dwellings protected by state statute.
All commercial residences, nonfamilial institutional uses (except
for community residences for the developmentally disabled, community
shelters for victims of domestic violence, community residences for
the terminally ill and community residences for persons with head
injuries), boarding homes and other such occupancies shall be excluded
from one-family zones.
[Amended 6-21-1990 by Ord. No. 3-90; 7-17-1997 by Ord. No. 11-97; 4-16-1998 by Ord. No. 6-98]
Any building or premises used for the storage of one or more
commercially used buses, trucks, tractors, trailers, bulldozers and
any other heavy motor-driven equipment, including storage for manufacture,
repair, demonstration, sale, rental, painting, adjustment or inspection
of the foregoing.
A building designed and used for the storage of privately
owned motor vehicles. Nothing herein can be construed to prohibit
its use, however, for the storage of one commercial vehicle.
Any building or premises used for the storage of one or more
self-propelled vehicles or motorcycles, including storage for repair,
demonstration, sale, rental, spot painting or adjustment of equipment.
Repairs shall not include body and fender work and paint spraying.
A salesroom conducted exclusively for the exhibition of not more than
10 vehicles as mentioned above shall not be classed as a "public garage"
but shall be defined as a "showroom."
The portion of a building lot that is unable to be affected
by water or through which water or other fluids can not pass.
[Added 5-19-2005 by Ord. No. 5-05]
All habitable areas within a residence, exclusive of the
attic, basement and garage.
[Added 5-19-2005 by Ord. No. 5-05]
A parcel of land occupied or proposed to be occupied by one
building and the accessory buildings or uses customarily incident
to it, including such open spaces as are required by this chapter
and such open spaces as are arranged and designed to be used in connection
with such buildings, which parcel of land has its principal frontage
on a public street or a private street of record; said private street
must provide access to an accepted public street.
A lot located at the junction of and fronting on two or more
intersecting streets.
The mean distance from the street line of the lot to the
rear lot line, measured generally parallel to the side lines of the
lot. The greater frontage of a corner lot is its depth, and its lesser
frontage is its width.
A lot other than a corner lot.
 A lot without required road frontage. In order to be
created by subdivision, it must:
A new lot or lots formed from part of a parcel of land. The
separation must be effected in such a manner as not to impair any
of the provisions of this chapter.
All piazzas, porches or porte cocheres, to be considered
part of the building.
Land and buildings and structures thereon.[5]
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, designs, symbols, fixtures,
colors, illumination or projected images.
[Added 4-20-2023 by Ord.
No. 04-23]
The area of any sign face shall be computed as the product
of the largest horizontal width and the largest vertical height of
the lettering, illustration, display or background. Where there is
no geometric frame or edge to the sign, the area shall be defined
by a projected, enclosed, four-sided (straight sides) geometric shape
which most closely outlines the sign. This shall not be construed
to include the supporting members of any sign which are used solely
for such purpose.
[Added 4-20-2023 by Ord.
No. 04-23]
The entire area of a sign that is within a single perimeter
composed of squares or rectangles that enclose the extreme limits
of the advertising message, announcement, demonstration, display,
illustration, insignia, surface, or space of a similar nature, together
with any frame or other material, color, or condition that forms an
integral part of the display and is used to differentiate the sign
from the wall or background against which it is placed, excluding
the necessary supports or uprights on which the sign is placed. On
no sign shall the display area be less than 50% of the surface area
of the sign.
[Added 4-20-2023 by Ord.
No. 04-23]
A sign containing a commercial message, or messages, which
direct(s) 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. A sign advertising both businesses on premises
and off premises is still considered a billboard. (See also: "sign,
off-premises advertising"). There are two types of billboard signs:
multiple message billboard signs and static message billboard signs
as follows:
[Added 4-20-2023 by Ord.
No. 04-23]
MULTIPLE MESSAGE BILLBOARD SIGNA billboard sign capable of changing the message or copy on the sign electronically, such that the alphabetic, pictographic, or symbolic informational content of which can be changed or altered on a fixed display surface composed of electronically illuminated or electronically actuated or motivated elements which can be changed or altered electronically.
STATIC MESSAGE BILLBOARD SIGNA billboard sign that includes, but is not limited to, any graphics that are painted, printed or otherwise adhered to a sign face that remain static until manually changed and do not change electronically.
A freestanding sign with two identical display areas which
are back-to-back.
[Added 4-20-2023 by Ord.
No. 04-23]
Any nonmovable sign, not affixed to a building, which is
permanently erected, constructed, supported or maintained on a base,
post(s), pole(s) or other bracing or supporting device(s).
[Added 4-20-2023 by Ord.
No. 04-23]
A sign lighted by or exposed to artificial lighting either
exterior to the sign or lit from within (internally illuminated).
[Added 4-20-2023 by Ord.
No. 04-23]
A sign capable of changing the message or copy on the sign
electronically, such that the alphabetic, pictographic, or symbolic
informational content of which can be changed or altered on a fixed
display surface composed of electronically illuminated or electronically
actuated or motivated elements which can be changed or altered electronically.
[Added 4-20-2023 by Ord.
No. 04-23]
A sign containing a commercial message, or messages, which
direct(s) 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. A sign advertising both businesses on premises
and off premises is still considered an off-premises advertising sign.
(See also: "sign, billboard").
[Added 4-20-2023 by Ord.
No. 04-23]
A sign which identifies a principal activity, product or
service which is conducted, available, offered or produced on the
property where the sign is located, including a sign which exclusively
advertises the sale or lease of the property on which the sign is
located.
[Added 4-20-2023 by Ord.
No. 04-23]
A sign that includes, but is not limited to, any graphics
that are painted, printed or otherwise adhered to a sign face that
remain static until manually changed and do not change electronically.
[Added 4-20-2023 by Ord.
No. 04-23]
A freestanding sign with a structure or structures with two
sign faces, forming the shape of the letter "V" when viewed from above,
with an angle between two faces of not more than 60°.
[Added 4-20-2023 by Ord.
No. 04-23]
A building which is designed for the residential use of one
family or for any other use of single-family dwellings protected by
state statute.
[Amended 4-16-1998 by Ord. No. 6-98]
Where goods are sold directly to the consumer for personal
or household use, with or without processing on the premises for such
retail sale, but excluding the processing, repair or renovating of
furniture, bedding or fixtures.
Any road, avenue, street, lane, alley or other way commonly
used by the public for street purposes.
The dividing line between the street and the lot.
Any change or rearrangement in the exterior or interior structural
parts of any building.
That which is built of fabricated, manufactured or natural
building materials and placed either above or below the ground. Swimming
pools will be considered structures.
[6]A movable or portable storage container or self-storage container,
or other movable structure that can be used for the storage of personal
property and which is located for such purposes outside an enclosed
building other than an accessory structure.
[Added 2-17-2022 by Ord.
No. 02-22]
A single unit of a temporary storage structure such as a
PODS® (Portable on Demand Storage)
or similar unit.
[Added 2-17-2022 by Ord.
No. 02-22]
One that does not conform to the use regulations of the zone
in which it is located.
An open space on the same lot with a building, unoccupied
and unobstructed by any portion of a structure from the ground upward,
excluding eaves and overhangs up to a maximum of two feet.
An open, unoccupied space on the same lot with a building,
situated between that part of the building nearest the street and
the street line of the lot.
The space between that part of the building nearest the rear
line and the rear line of the lot occupied by the building.
An open, unoccupied space on the same lot with a building,
situated between that part of the building nearest the side line and
the side line of the lot and extending through from the front building
line to the rear building line.
[2]
Editor's Note: N.J.S.A. 30:4-23 was repealed
by P.L. 1987, c. 116. See now N.J.S.A. 30:4-27.2.
[3]
Editor's Note: The definition of âdevelopment
fees'â which immediately followed this definition, added 2-18-1993
by Ord. No. 1-93, was repealed 5-19-2005 by Ord. No. 9-05.
[4]
Editor's Note: The definition of âequalized
assessed value'â which immediately followed this definition,
added 2-18-1993 by Ord. No. 1-93, was repealed 5-19-2005 by Ord. No.
9-05.
[5]
Editor's Note: The former definition of "restricted commercial
zone," which immediately followed, was repealed 4-20-2023 by Ord. No. 04-23.
[6]
Editor's Note: The definition of âsubstantive
certification,â which immediately followed this definition,
added 2-18-1993 by Ord. No. 1-93, was repealed 5-19-2005 by Ord. No.
9-05.
