For the purpose of this Part
2, all definitions in the Municipal Land Use Law, Chapter
291 of the Laws of 1975, Article
I, N.J.S.A. 40:55D-3 through 40:55D-7, shall be included in this Part
2, Also for the purpose of this Part
2, certain words and terms are herewith defined and shall be construed as follows:
ABUT
Immediately adjacent, contiguous or not separated by any
space.
ACCESSORY BUILDING
A detached subordinate building or structure on the same
lot with a main building occupied or devoted exclusively to an accessory
use and under the same ownership or control. Semi-permanent, prefabricated
buildings not exceeding 100 square feet in area shall be included
in this definition.
[Amended 3-8-2016 by Ord.
No. 5-16]
ACCESSORY USE
That use naturally and normally incident to and subordinate
to the primary function of the premises.
ADULT ARCADE
Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically or
mechanically controlled still- or motion-picture machines, projectors
or other image-producing devices or viewing booths are maintained
to show images or display live performances distinguished or characterized
by the depicting or describing of specified sexual activities or specified
anatomical areas.
[Added 6-25-1996 by Ord. No. 3-96]
ADULT NOVELTY STORE
A commercial establishment which, as one of its principal
business purposes, offers for sale or rental for any form of consideration
any instruments, devices or paraphernalia which are designed for use
in connection with specified sexual activities, excluding contraceptive
and prophylactic devices.
[Added 6-25-1996 by Ord. No. 3-96]
ALTERATION OF BUILDING
Any change in supporting members of a building, any addition
to or diminution of a building or change in use from that one district
classification to another, any conversion of a building or a part
thereof or removal of a building from one location to another.
AMATEUR RADIO STATION
A radio station operated by a person under license by the
Federal Communications Commission (FCC) solely with a personal aim
and without pecuniary interest.
[Added 2-25-1997 by Ord. No. 4-97]
AMATEUR RADIO ANTENNA
The arrangement of wires or metal rods used in the sending
and receiving of electromagnetic waves in the operation of an amateur
radio station.
[Added 2-25-1997 by Ord. No. 4-97]
AMATEUR RADIO ANTENNA SUPPORT STRUCTURE
Any structure, mast, pole, tripod or tower utilized for the
purpose of supporting an antenna used in the operation of an amateur
radio station.
[Added 2-25-1997 by Ord. No. 4-97]
ANTENNA
A device used for communication by which electromagnetic
waves, digital signals, analog signals, radio frequencies, wireless
telecommunication signals or other communication signals are radiated
or received, excluding television reception or satellite receiving
dishes.
[Added 11-18-2004 by Ord. No. 25-04]
ANTENNA STRUCTURE
A structure used to mount antennas as part of a telecommunications
facility.
[Added 11-18-2004 by Ord. No. 25-04]
APPROVING AUTHORITY
The Planning Board of the municipality, unless a different agency is designated by ordinance, when acting pursuant to the authority of the Municipal Land Use Law, Chapter
291 of the Laws of 1975.
AREA
The surface measure on a horizontal plane.
BILLBOARD
See "off-premises advertising signs."
[Amended 5-21-2009 by Ord. No. 7-09]
BOARDING- OR LODGING HOUSE
Any building, together with any related structure, accessory
building, any land appurtenant thereto and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single-room occupancy, regardless of whether personal or financial
services are provided to the residents thereof, including but not
necessarily limited to any facility regulated pursuant to the provisions
of the Rooming and Boarding House Act of 1979, N.J.S.A. 55:13B-1 et
seq., or in which more than two persons are lodged or boarded for
remuneration. For the purposes of this definition, the terms "financial
services," "personal services," "single-room occupancy" and "unit
of dwelling space" shall have the meanings provided in Section 3 of
said Act (N.J.S.A. 55:13B-3).
BOARD OF ADJUSTMENT
The Board established pursuant to Section 56 of the Municipal Land Use Law, Chapter
291 of the Laws of 1975.
BUILDING
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
BUILDING AREA
The maximum horizontal projected area and its accessories;
roofed-over porches or similar extensions of a building shall be considered
parts of the building. Any eave or similar projection in excess of
four inches shall be considered as part of the building in the computation
of side yards and land area coverage.
BUILDING COVERAGE
The percentage of the lot or plot area occupied by the building
area.
BUSINESS
Any professional mercantile or service activity, pursuit,
occupation or employment conducted for compensation, either at wholesale
or retail.
CARPORT
The covered or roofed portion of the driveway or covered
or roofed open-sided structure adjacent to the driveway or garage.
CELLAR/BASEMENT
A cellar/basement shall be defined as set forth in §
201-7E(1) of the Code.
[Added 3-8-2016 by Ord.
No. 5-16]
CERTIFICATE OF OCCUPANCY
A certificate by the Construction Official that all of the
provisions of the building permit as set forth in the application,
including the plot plan, have been complied with, together with all
of the terms and provisions of this Part 2 and the Building Code.
DUMP
A lot, parcel of land or any part thereof used primarily
for the disposal, by abandonment, burial, burning or other means,
for whatever purpose, of garbage, ashes, refuse, offal, sewage, trash,
junk, discarded machinery, vehicles or parts thereof or waste material
of any kind.
DWELLING UNIT
A building or portion thereof designed for and occupied exclusively
by one family and used for living, sleeping, eating, cooking and sanitation
purposes, excluding motels, hotels, tourist cabins, trailers, mobile
homes and trailer courts. A building containing more than one dwelling
unit or which is designed in such a way as to have two or more independent
facilities for living, sleeping, eating, cooking and sanitation purposes
separated by partitions, stairways or doorways or having separate
entrances or capable of easily being converted into two or more such
independent facilities through the erection of a partition, stairway,
doorway or entrance shall not constitute a building designed for one-family
use.
EQUIPMENT SHELTER OR CABINET
A structure containing equipment designed to be used as part
of a telecommunications facility.
[Added 11-18-2004 by Ord. No. 25-04]
ERECT
To construct, make, build, alter, remodel or create, including
the moving, removing and assembling of any structure or part thereof.
FAMILY
One or more persons living together in a dwelling unit on
a nontransitory basis as a single housekeeping unit, sharing living,
sleeping, cooking and sanitary facilities on a nonprofit or nonremunerative
basis.
FLOOR AREA
The aggregate area, expressed in square feet, of all floors,
using the outside wall dimensions of all buildings, including the
basement area, but excluding the area of the basement used for mechanical
equipment, such as heating or ventilating apparatus, and which is
not otherwise devoted to the principal use of the building or areas
devoted to interior off-street parking, including parking spaces,
aisles, ramps and maneuvering space.
[Added 5-8-2008 by Ord. No. 14-08]
FLOOR AREA RATIO (FAR)
The percentage of the sum of the floor area of all buildings
on a lot compared to the total area, expressed in square feet, of
the lot or site on which such buildings are located.
[Added 5-8-2008 by Ord. No. 14-08]
GARAGE, PRIVATE
An accessory building or part of the main building for the
storage of not more than three motor vehicles not used in any way
as a place of business.
GARAGE, PUBLIC
A building devoted to the business of repairing, storing,
selling and servicing motor vehicles.
HEIGHT
The vertical distance of a building measured from the top
of the highest point of a structure to the average finished grade
taken six feet from the building foundation at the midpoint of each
building wall and at a point measured diagonally at 45° from each
corner. Where new grades are proposed, any new grade shall not exceed
one foot six inches above the existing grade.
[Added 2-25-1997 by Ord.
No. 4-97; amended 3-8-2016 by Ord. No. 5-16]
HOME CHILD CARE
The temporary residential care of children under the age
of 18 years, other than family members, during the absence of such
children's parents or guardians.
HOME PROFESSIONAL OFFICE
A professional office located within a dwelling and which
is conducted by the resident thereof, subject to the following restrictions
and limitations:
(1)
Not more than two persons at work on the premises
at any one time, in addition to the resident professional, may be
employed.
(2)
A home professional office shall be in the principal
building and shall not occupy more than the equivalent of 1/2 of the
floor area of the first floor of said building or 750 square feet,
whichever is less.
(3)
A home professional office shall not include
the purchase or the sale of goods kept or displayed on the premises.
(4)
There shall be no external evidence of such
home professional office except a small announcement or a professional
sign in accordance with the terms of this Part 2 limiting the size
and construction of signs.
HOSPITAL
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A "hospital" shall
be deemed to include a sanatorium, a clinic, a convalescent home,
a nursing home, a rest home or other building with equivalent characteristics.
HOTEL
A facility offering transient lodging accommodations to the
general public and providing additional services, such as restaurants,
meeting rooms and entertainment.
[Amended 6-27-2000 by Ord. No. 9-00]
IMPERVIOUS MATERIALS
Buildings, structures, concrete, asphalt, brick, pavers,
flagstone and other paved surfaces.
[Added 5-8-2008 by Ord. No. 14-08]
INDUSTRY/MANUFACTURING
The conversion of raw, semi-finished or finished materials
into the product of another character, form, use or finish.
JUNKYARD
A lot, parcel of land or structure or part thereof used primarily
for the collecting, storage and/or sale of wastepaper, rags, scrap
metal or other scrap or discarded material or for the collecting,
dismantling, storage and salvaging of machinery or vehicles not in
running condition and for the sale of parts thereof.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The total horizontal area included within the lot lines.
LOT, CORNER
A lot at the junction of and having frontage on two or more
intersecting streets.
LOT COVERAGE
The area of a lot covered by the buildings, garage areas,
swimming pools (and surrounding decking), porches, decks, cabanas,
sheds, gazebos, and/or any other accessory buildings.
[Added 5-8-2008 by Ord. No. 14-08; amended 5-19-2011 by Ord. No.
3-11]
MONOPOLE
An antenna structure consisting of a single pole.
[Added 11-18-2004 by Ord. No. 25-04]
MUNICIPAL RESIDENT
A person who is domiciled in the municipality.
[Added 4-25-2001 by Ord. No. 13-01]
NONCOMMERCIAL TRUCK
Any pickup truck or van designed primarily for the transportation
of property which is not used as a commercial motor vehicle; it does
not contain any advertising, signs, lettering, names or addresses
on its exterior, other than the name or trademark of the manufacturer
or the dealer selling the vehicle. Any pickup truck or van, either
registered with commercial plates or used for commercial purposes
or used for hire on any occasion, shall not constitute a noncommercial
truck.
[Added 8-13-1991 by Ord. No. 19-91]
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a Zoning Ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING STRUCTURE
A structure, the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a Zoning Ordinance,
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
NONCONFORMING USE
A use or activity which was lawful prior to the adoption,
revision or amendment of a Zoning Ordinance, but which fails to conform
to the requirements of the zoning district in which it is located
by reason of such adoption, revision or amendment.
NONPASSENGER VEHICLE
Any vehicle which does not come within the definition of
noncommercial truck, official vehicle, passenger vehicle or recreational
vehicle, as defined herein. A nonpassenger vehicle shall include a
bus, limousine, taxicab, truck, trailer, recreational vehicle, pickup
truck, van or other type of vehicle which is used for commercial purposes.
[Amended 8-13-1991 by Ord. No. 19-91]
NUDITY or STATE OF NUDITY
The appearance of a human bare buttock, anus, male genitals,
female genitals or areola of the female breast.
[Added 6-25-1996 by Ord. No. 3-96]
NURSING HOME
A facility providing therein nursing care to sick, invalid,
infirm, disabled, or convalescent persons, in addition to lodging
and board or health-related service, or any combination of the foregoing,
and in addition thereto, providing nursing care and health-related
service, or either of them, to persons who are not occupants of the
facility, but not including facilities for surgical care or institutions
for the care and treatment of mental illness, alcoholism, or narcotics
addiction.
[Added 3-27-2002 by Ord. No. 4-02]
OFFICIAL VEHICLE
Any vehicle owned or operated by any federal, state or municipal
government, a governmental agency or public utility (which is being
parked or stored during the course of official use).
[Added 8-13-1991 by Ord. No. 19-91]
OFF-PREMISES ADVERTISING SIGN
A sign, on which any advertisement or message is displayed,
which directs attention to a business, commodity, service, activity
or entertainment which is not conducted, sold, performed or offered
on the premises upon which the sign is located.
[Added 5-21-2009 by Ord. No. 7-09]
OFF-SITE
Located outside the lot lines of the lot in question but
within the property of which the lot is a part, which is the subject
of a development application or the closest half of the street or
right-of-way abutting the property of which the lot is a part.
[Added 4-25-2001 by Ord. No. 13-01]
OFF-TRACT
Not located on the property which is the subject of a development
application nor on the closest half of the abutting street or right-of-way.
[Added 4-25-2001 by Ord. No. 13-01]
ON-SITE
Located on the lot in question and excluding any abutting
street or right-of-way.
ON-TRACT
Located on the property which is the subject of a development
application or on the closest half of an abutting street or right-of-way.
[Added 4-25-2001 by Ord. No. 13-01]
OWNER
Any person, firm, association, partnership or corporation
owning or controlling property, and including duly authorized agents
or attorneys.
(1)
COMMON OWNERSHIPOwnership by one person or by two or more persons owning property jointly, by the entirety or in common, of two or more contiguous parcels of real property.
(2)
SINGLE OWNERSHIPOwnership by one person or by two or more persons owning property jointly, by the entirety or in common, of a separate parcel of real property not adjacent to land in the same ownership.
PARKING AREA
A lot or parcel or part thereof used for the storage or parking
of motor vehicles, with or without the payment of rent or other compensation.
PARKING SPACE
A stall or berth 9 feet by 18 feet, exclusive of access means,
which space is arranged and intended for the parking of one motor
vehicle. There shall be adequate provisions for ingress and egress
to all parking spaces.
PASSENGER VEHICLE
Any automobile designed and used primarily for the transportation
of passengers or any motorcycle used primarily for the transportation
of passengers, which does not come within the definition of nonpassenger
vehicle.
[Amended 8-13-1991 by Ord. No. 19-91]
PRIVATE SWIMMING POOLS
Any structure that contains water over 24 inches in depth
and which is used, or intended to be used, for swimming or recreational
bathing as an accessory use to a residential use, including both in-ground
and aboveground swimming pools.
[Added 5-8-2008 by Ord. No. 14-08]
PROFESSIONAL OFFICE
An office used exclusively for the practice of the professions
of medicine, optometry, psychiatry, psychology, family counseling,
veterinary medicine, dentistry, architecture, law, accounting, engineering,
planning or land surveying. A "professional office" shall not include
a biological or other medical testing laboratory except that which
is necessary and incidental to the primary professional office use.
In addition, there shall be no overnight facilities for the hospitalization,
counseling or care of persons or animals.
RECREATIONAL VEHICLE
A transportation structure, self-propelled or capable of
being towed by a passenger car, station wagon or pickup or panel truck
of such size and weight not to require any special highway movement
permits and primarily designed or constructed to provide temporary,
movable living quarters for recreational, camping or travel use, limited
to the following:
(1)
Travel trailers or fifth-wheel trailers, which
are defined as portable structures built on a chassis with wheels
as an integral part to make them mobile and intended to be towed by
passenger cars, station wagons, pickup or panel trucks, but not including
truck tractors of any type.
(2)
Camping trailers, the walls of which are so
constructed as to be collapsible and made of either canvas or similar
cloth or rigid material such as fiberglass, plaster or metal. Camping
trailers are mounted on wheels and designed for travel and recreational
use.
(3)
Pickup campers or truck caps which are designed,
constructed or used as temporary movable living quarters.
[Amended 8-13-1991 by Ord. No. 19-91]
(4)
Motor homes which are constructed on a truck
or motorvan chassis and incapable of being separated therefrom.
(5)
A boat trailer, which is a vehicle on which
a boat may be transported and which is towable by a passenger car,
station wagon, pickup or panel truck or mobile home.
RELIGIOUS INSTITUTION
A structure or place in which worship, ceremonies, rituals
and education pertaining to a particular system of beliefs are held.
[Added 3-8-2016 by Ord.
No. 5-16]
RESTAURANT
An establishment where food and beverages are prepared, served,
and consumed.
[Added 3-19-2009 by Ord. No. 4-09]
ROOFLINE
On a flat roof; the level of the roof deck, and on a pitched
roof, the average elevation between the eave and peak.
[Added 11-18-2004 by Ord. No. 25-04]
SERVICE STATION
An establishment devoted primarily to the business of repairing,
servicing, washing and reconditioning motor vehicles.
SHED
A shed shall be defined as a structure measuring no more
than 100 square feet in area, which is utilized to store equipment
and other similar items. A shed shall not be permitted to contain
any heating or plumbing.
[Added 3-8-2016 by Ord.
No. 5-16]
SPECIFIED SEXUAL ACTIVITIES [Added 6-25-1996 by Ord. No.
3-96]
Includes any of the following:
(1)
The fondling or other erotic touching of human
genitals, pubic region, buttocks, anus or female breasts.
(2)
Sex acts, normal or perverted, actual or simulated,
including intercourse, oral copulation or sodomy.
(3)
Masturbation, actual or simulated.
(4)
Excretory functions as part of or in connection with any of the activities set forth in Subsections
(1) through
(3) above.
STORY
That part of a building between the upper surface of one
floor and the upper surface of the floor next above or between the
top floor and ceiling or flat roof. In the case of a building having
a sloping roof, if the line of intersection of the sloped ceiling
and the wall face is more than three feet above the floor level or
if the floor area with head room of more than five feet occupies more
than 60% of the total floor area of the story directly beneath it,
it shall constitute a story.
[Amended 5-8-2008 by Ord. No. 14-08; amended 3-8-2016 by Ord. No.
5-16]
STORY, HALF
A space under a sloping roof with stairway access that is
intended to remain vacant or to be utilized for residential occupancy,
storage or location of equipment or utilities related to the overall
usage of the structure, which has the line of intersection of the
roof and wall face not more than three feet above the floor level,
and in which space the possible floor area with headroom of five feet
or less occupies not less than 40% or more than 60% of the total floor
area of the story directly beneath.
[Added 5-8-2008 by Ord. No. 14-08; 3-8-2016 by Ord. No.
5-16]
STREET
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway
or which is shown upon a plat heretofore approved pursuant to law
or which is approved by official action as provided by this Part 2
or which is shown on a plat duly filed and recorded in the office
of the County Recording Officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats; and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
STREET LINE
The dividing line between a street and a lot; the line marking
the bounds of the public right-of-way.
STRUCTURE
A combination of materials to form a construction for occupancy
or use or ornamentation, whether installed on, above or below the
surface of a parcel of land.
[Amended 12-14-1999 by Ord. No. 30-99]
TATTOO/BODY PIERCING PARLOR
An establishment in which people receive permanent decorative
tattoos from a tattoo artist and/or body piercing and the business
of tattooing and/or body piercing is carried out professionally and
in accordance with the proper state and local licensing.
[Added 4-24-2018 by Ord.
No. 3-18]
TELECOMMUNICATIONS FACILITIES
All structures, including antennas, monopoles, towers, equipment
shelters or cabinets and equipment, used for the transmission and
reception of wave frequencies for the purpose of any wireless communications.
[Added 11-18-2004 by Ord. No. 25-04]
TOBACCO/NICOTINE/HOOKAH/ELECTRONIC SMOKING DEVICE RETAIL ESTABLISHMENTS
An establishment which is required to be registered with
the State of New Jersey as an establishment for same and/or pursuant
to the New Jersey Smoke Free Air Act and/or any establishment whose
retail business sales are at least 51% from the sale of tobacco products
and/or nicotine products, including any electronic smoking device
and/or hookah products and/or electronic smoking devices, along with
accessories for all the before-mentioned products, and in which the
sale of other products is merely incidental.
[Added 4-24-2018 by Ord.
No. 3-18]
TOWER
An antenna structure consisting of a lattice structure or
frame.
[Added 11-18-2004 bu Ord. No. 25-04]
TOWNHOUSE
A one-family dwelling in a row of at least three such units
in which each unit has its own front and rear access to the outside,
no unit is located over another unit, and each unit is separated from
any other unit one or more vertical common fire-resistant walls.
[Added 11-2-2006 by Ord. No. 18-06]
TRAILER CAMP
Any lot, yard, open space or area devoted to the business
of parking thereon, for consideration, of temporary or mobile housing
or dwelling accommodations, being vehicles commonly known as "automobile
trailers."
USED CAR LOT
Any place out-of-doors where two or more motor vehicles are
displayed or offered for sale.
YARDS
(1)
FRONT YARDAn open, unoccupied space on the same lot with a building situated between the front line of the lot and the nearest part of the building and extending from one side line of the lot to the other. The front yard of a corner lot, as defined herein, shall be that portion of the property that is adjacent to the street that is listed as the mailing address of the property. A property owner or applicant shall not be permitted to circumvent the application of the Municipal Land Use Law and the jurisdiction of the Borough Planning Board by changing the mailing address of the property in order to avoid the need for approval of a variance or any other relief from the Borough Planning Board.
[Amended 3-8-2016 by Ord.
No. 5-16]
(2)
REAR YARDA space on the same lot with a building situated between the rear line of the lot and the building and extending from one side line of the lot to the other, its depth being measured at right angles to the rear line.
(3)
SIDE YARDA space extending from the front yard to the rear yard between the principal building and the side lot line and measured perpendicular from the side lot line to the closest point of the principal building.
[Added 5-19-2011 by Ord. No. 3-11]