This chapter shall be known and cited as the
"1989 Land Development Ordinance of the Borough of Highland Park,
New Jersey."
There is hereby ordained by the Mayor and Council
of the Borough of Highland Park, New Jersey, pursuant to the provisions
of P.L. 1975, c. 291, as amended (N.J.S.A. 40:55D-1 et seq.), a land
development ordinance for the following purposes:
A.Â
To encourage municipal action to guide the appropriate
use or development of all lands in this Borough in a manner which
will promote the public health, safety, morals, and general welfare;
B.Â
To secure safety from fire, flood, panic and other
natural and man-made disasters;
C.Â
To provide adequate light, air, and open space;
D.Â
To limit and restrict buildings and structures to
specified districts and regulate buildings and structures according
to their type and the nature and extent of the use of land for trade,
industry, residence, open space, or other purposes;
E.Â
To regulate the bulk, height, number of stories, and
size of buildings and other structures;
F.Â
To ensure that the development of this municipality
does not conflict with the development and general welfare of neighboring
municipalities, Middlesex County, and the state as a whole;
G.Â
To promote the establishment of appropriate population
densities and concentrations that will contribute to the well-being
of persons, neighborhoods, communities and regions and preservation
of the environment;
H.Â
To encourage the appropriate and efficient expenditure
of public funds by the coordination of public development with land
use policies;
I.Â
To provide sufficient space and in appropriate locations
for the variety of residential, recreational, commercial, business
and industrial uses and open space, both public and private, according
to their respective environmental requirements in order to meet the
needs of all Highland Park residents;
J.Â
To encourage the location and design of transportation
routes which will promote the free flow of traffic while discouraging
location of such facilities and routes which result in congestion
or blight;
K.Â
To promote desirable visual environment through creative
development techniques and good civic design and arrangements;
L.Â
To promote the conservation of open space, historic
sites, energy resources, and valuable natural resources and to prevent
urban sprawl and degradation of the environment through improper use
of land;
M.Â
To encourage planned unit development which incorporates
the best features of design and relates the type, design and layout
of residential, commercial, industrial and recreational development
to the particular site;
N.Â
To encourage senior citizen community housing construction;
and
O.Â
To encourage coordination of the various public and
private procedures and activities shaping land development with a
view of lessening the cost of such development and to the more efficient
use of land.
[Amended by Ord. No. 1257; Ord. No. 1292; Ord. No. 1304; Ord. No. 1441; Ord. No. 1569; Ord. No. 1588; Ord. No. 1633]
As used in this chapter, the following terms
shall have the meanings indicated:
An accessory building or use which:
Is subordinate to and serves an ancillary purpose
to a principal building or principal use;
Is subordinate in area, extent, or purpose to
the principal building or principal use served;
Contributes to the comfort, convenience or necessity
of occupants of the principal building or principal use served; and
Is located on the same zoning lot as the principal
building or principal use served.
May have a sink, electrical service, heat and/or air conditioning,
but does not contain a bathroom, toilet, kitchen or cooking device.
[Added 10-20-2020 by Ord. No. 20-2014]
An establishment having as a substantial or significant portion
of its stock-in-trade books, magazines, and other films, tapes, periodicals,
or other media which are distinguished or characterized by their emphasis
on matter depicting, describing, or relating to specified sexual activities.
To change the appearance of exterior elements of a structure
or to change the material used. A change in the exterior color of
a structure shall be considered an alteration within the terms of
this definition only with respect to properties with historic preservation
potential and only if the change in color entails the application
of paint to a surface which has not been painted before. Ordinary
maintenance shall not be considered an alteration within this definition.
A change or rearrangement in the structural parts or existing
facilities, or an enlargement whether by extension of any side or
by increasing in height, or a change in use from that of one use classification
to another, any conversion of a building, or a part thereof, or removal
of a building from one location or position to another.
The application form and all accompanying documents required
by ordinance for submission for review of a subdivision plat, site
plan, conditional use, zoning variance or direction of the issuance
of a permit pursuant to Section 25 (N.J.S.A. 40:55D-34) or Section
27 (N.J.S.A. 40:55D-36) of the Act.
The Planning Board or Zoning Board of Adjustment when acting
pursuant to the authority of the Municipal Land Use Law.
Nonresidential work studio where artists (such as painter,
sculptor, photographer, craftsperson, but not limited thereto) may
create and sell their own work.
Nonresidential space for artistic instruction (such as for
painting, sculpting, photography and crafts, but not limited thereto)
for a specified number of students that can be safely accommodated
based on all applicable building and fire codes.
That part of a building which is immediately below and wholly
or partly within the roof framing. See "story, half."
Any area of land, including structures thereon, that is used
or designed to be used for the retail sale of gasoline or oil or other
fuel directly to motor vehicles from a pump located outside a building,
including the sale of motor vehicle accessories and facilities for
polishing, greasing, washing, spraying, dry cleaning, repairing or
otherwise cleaning or servicing such motor vehicles.
Establishments primarily engaged in furnishing automotive
repair, rental, leasing and/or parking services to the general public.
The use of land for the purpose of display and storage of
automobiles for sale to the general public. Such use shall not include
storage of vehicles for hire, demo, or for towed or damaged or abandoned
vehicles or auction sales.
The land area immediately adjacent to the bed of the stream
which is essential in maintaining the integrity thereof.
That portion of the building which is partly below and partly
above grade and having 1/2 or more of its height above grade, the
floor of which is not more than three feet below ground level.
A regularly repeated unit on a building elevation defined
by columns, pilasters or other vertical elements, or defined by a
given number of windows or openings.
The maximum area covered by waters of the stream for not
less than 15 consecutive days.
A projecting horizontal band on an exterior wall marking
the separation between floors or levels.
An exterior building wall with no openings and generally
constructed of a single material, uniform texture, and on a single
plane.
The area bounded by one or more streets or a municipal boundary
of sufficient size to accommodate a lot or lots of the minimum size
required in this chapter.
[Added 10-5-2010 by Ord. No. 10-1794; amended 8-2-2022 by Ord. No. 22-2055]
Any building, together with any related structure, accessory
building, and land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single-room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel or motel or established
guesthouse wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only; any foster home as defined in
Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1); any community
residence for the developmentally disabled as defined in Section 2
of P.L. 1977, c. 488 (N.J.S.A. 30:11B-2); any dormitory owned or operated
on behalf of any nonprofit institution of primary, secondary or higher
education for the use of its students.
An area in which no building, parking area, driveway (except
to provide access to property), street, sign (except traffic directional
sign), or storage of materials shall be permitted and which shall
consist of a dense and continuous landscaped screening area, planted
and maintained containing fences, massed trees and shrubs of such
species and size as will produce a sufficient density to obscure or
confine throughout all seasons automobile headlight glare, site noise,
windblown debris and other typical and frequent nuisance problems,
as well as create an aesthetically pleasing and attractive view to
mask or obscure the use, function, or structure located upon the site.
Any structure built or used for the support, shelter, or
enclosure of persons, animals, chattels, or movable property of any
kind which is permanently or temporarily affixed to the land and having
a roof supported by columns, piers, or walls, or having other supports
and any unroofed platform, terrace, or porch having a vertical face
higher than three feet above the level of the ground from which the
height of the building is measured.
The total of areas of outside dimensions on a horizontal
plane at ground level of the principal building and all accessory
buildings, exclusive of unroofed porches, terraces, or steps having
a vertical face of less than three feet above the level of the ground
from which the height of the building is measured.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the ceiling of the top story in the case of a flat
roof; to the deckline of a mansard roof; and to the average height
between the plat and ridge of a gable, hip, or gambrel roof, including
chimneys and other similar features.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered or
projected section of a building, the vertical plane shall coincide
with the most projected surface. All yard requirements are measured
to the building line.
A building or use in which is conducted the main or principal
use of the lot on which said building is situated.
The relationship between the mass of a building and its surroundings,
including the width of street, open space, and mass of surrounding
buildings.
The term used to describe the size and mutual relationships
of buildings and other structures and includes:
The size of buildings and other structures;
The shape of buildings and other structures;
The location of exterior walls of buildings
and other structures in relation to lot lines, to the center line
of streets, to other walls of the same building and to other buildings
or structures; and
All open spaces relating to a building or structure.
A retaining wall created along a body of water behind which
fill is placed.
A room or group of rooms used primarily for conducting the
affairs or purpose of profit or improvement of an occupation, nonprofessional,
service or nontradesman activity on a fee or contract basis.
The diameter of a tree trunk measured in inches and measured
24 inches above ground level for all trees.
The section of a street, road or highway or right-of-way
located between the curblines which is normally used by vehicular-type
traffic, commonly known as the paved areas of the street.
That portion of a building which is partly or completely
below grade and having at least 1/2 its height below grade.
A certificate issued by the Building and/or Zoning Inspector
upon completion of the construction of a new building or upon a change
in the use of the occupancy of a building which certifies that all
requirements of this chapter, or such adjustments thereof which have
been granted, and all other applicable requirements have been complied
with.
An alteration in a building heretofore existing to a new
use group which is subject to other requirements of this chapter or
other special provisions of law governing building construction, equipment
or means of egress as established within the Uniform Construction
Code of the municipality.
A private establishment enrolling four or more children and
where tuition, fees, or other forms of compensation for the care of
children is charged, whether or not licensed or approved to operate
as a child-care center by the New Jersey Division of Youth and Family
Services (NJDYFS).
A structure, building or group of buildings, including customary
accessory structures such as auditoriums used, designed or intended
for public worship. The word "church" shall include any place where
persons regularly assemble for worship, i.e., chapels, churches, congregations,
cathedrals, synagogues, temples, and other places where regular religious
services are conducted, as well as parish houses, convents, religious
school facilities and structures, and other accessory uses, including
uses and structures for religious and sectarian education.
See "residential cluster."
A vertical pillar or shaft, usually structural.
An open space area, exclusive of required setback areas,
within or related to a site designated as a development and designed
and intended for the use or enjoyment of residents and owners of the
development. Common open space may contain such complementary structures
and improvements as are necessary and appropriate for the use and
enjoyment of residents and owners of the development.
An application form completed as specified by ordinance and
the rules and regulations of the reviewing board and all accompanying
documents required by ordinance for approval of the application for
development. An application shall be certified as complete upon the
meeting of all requirements specified in the chapter and in the rules
and regulations of the reviewing board, and shall be deemed complete
as of the day it is so certified for purpose of the commencement of
the time period for action by the Planning Board or Board of Adjustment.
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 the Zoning Ordinance, and upon the issuance of an
authorization therefor by the Planning Board or, where required by
N.J.S.A. 40:55D-70, by the Board of Adjustment.
Ownership of real property combining ownership in fee simple
of a dwelling unit and undivided ownership in common with other purchasers
of the common elements in the structure and including the land and
its appurtenances.
That person designated by salary guide title in the municipality
pursuant to the Uniform Construction Code of the State of New Jersey.
The character of the buildings, streetscape and neighborhood
which surround a given building or site.
That person designated by salary guide title to accept and
agendize incoming applications and amendments and revisions thereto.
A change in the use of land or structure.
A lot at the junction of and fronting on two or more intersecting
streets. Front yard setback requirements shall be provided for all
street frontages of a corner lot.
The top part of an entablature, usually molded and projecting.
A small roof tower, usually rising from the roof ridge.
The permanently established grade of the curb top in front
of a lot.
A light, nonstructural outer wall of a building, in the form
of a metal grid with infill panels of glass and other materials.
Calendar days.
When applied to an action affecting a property with historic
preservation potential, an action of such a minimum nature that:
To partially or completely take down a structure.
The number of dwelling units provided by the total land area
of the lot or lots comprising the tract of land for which the development
application is made.
The number of dwelling units which may be developed or that
portion of the tract exclusive of public street right-of-way, floodway,
delineated wetlands, conservation/preservation areas, open space areas,
streams or water bodies, existing public utility easements, and such
other areas which may not be developed.
Any owner of a structure within or without the Borough may
apply to the Code Enforcement Officer for designation of that structure
as a preservation structure as provided herein. In making such determination,
the Code Enforcement Officer shall consult the Historic Preservation
Commission or a designated committee, as determined by the governing
body, which shall make its recommendation in writing.
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase or lease, or other
person having an enforceable proprietary interest in such land.
The division of a parcel of land into two or more parcels,
or the construction, reconstruction, conversion, structural alteration,
relocation or enlargement of any building or other structure, or any
mining, excavation or landfill, and/or any use or change in the use
of any building or other structure, or land or extension of use of
land, for which permission may be required, pursuant to the New Jersey
Municipal Land Use Law.
The combination of building height and width, together with
the placement of fenestration, structural elements and architectural
details, may convey a predominantly horizontal or a predominantly
vertical directional emphasis to a building's facade.
An establishment where patrons dance to recorded music and
may also feature go-go dancers.
The removal of surface water or groundwater from land by
drains, grading or other means, and includes control to minimize erosion
and sedimentation during and after construction or development and
means necessary for water supply preservation or prevention or alleviation
of flooding.
A building or portion thereof which encourages or permits
customers to conduct personal financial transactions while remaining
in their motor vehicles.
A building or portion thereof where food and/or beverages
are sold in a form ready for consumption and where a portion of the
consumption takes place or is designed to take place outside the confines
of the building, often in a motor vehicle on the site, or is designed
for the transferal of food and/or beverages without leaving the vehicle.
A building designed or used exclusively as the living quarters
for one or more families.
One dwelling unit in a line of two or more structurally joined
dwelling units, with each dwelling unit having individual access,
with open space in front and rear.
A building surrounded by open space on the same zoning lot
and being the only principal building occupying that zoning lot.
A dwelling unit consisting of not more than one habitable
room, together with kitchen or kitchenette and sanitary facilities.
Any building with a common passageway consisting of more
than five stories or more than 60 feet in height, in which building
there are one or more suites of rooms on each floor.
Any building with a common passageway which is three to five
stories or 35 feet to 60 feet in height, in which building there are
one or more suites of rooms on each floor.
A building designed for or occupied exclusively by three
or more families or households living independently of each other.
A variation of the traditional one-story ranch house designed
to fit on a narrow lot, with an angled or altered architectural form,
with the elimination of side and/or front yards, with private spaces
fenced, usually on a square or reduced-size lot, with parking usually
occurring within the unit in a garage.
A dwelling consisting of a building containing one dwelling
unit only and not occupied or designed for occupancy by more than
one family.
An attached dwelling unit arrangement with an exterior townhouse
appearance where one dwelling unit or a part of one dwelling unit
is below or above another dwelling unit, with each dwelling unit having
an entrance on the ground floor.
[Added 10-2-2012 by Ord. No. 12-1840]
One of a series of contiguous single-family dwelling units
designed for conveyance either as a condominium or as a planned development,
in which each unit has its own front and rear access to the outside,
and each dwelling unit is separated from another by one or more common
fire-resistant walls, and wherein each dwelling unit shall have separate
individual utility systems, and with private rear yard areas.
A building for or occupied exclusively by two families or
households living independently of each other.
A right-of-way granted, but not dedicated, for limited use
of private land for a public or quasi-public purpose and within which
the owner of the property shall not erect any permanent structures.
The exterior facade of a structure or its head-on view or
representation.
Areas which include, but are not limited to, stream corridors
and floodplains, streams, bodies of water, wetlands (as defined by
NJDEP), slopes greater than 10%, shallow depth to bedrock (less than
two feet), highly acid or erodible soils (as defined by the NRCS),
mature stands of trees, aquifer recharge areas, aquifer discharge
areas, unique natural features and wildlife habitats, or such areas
as may be so designated by federal or state agencies of jurisdiction.
To build, construct, attach, alter, relocate or affix and
includes the painting of signs or displays on the exterior surface
of a building.
The detachment and movement of soil or rock fragments by
water, wind, ice, gravity, whether naturally or humanly induced.
A long-term care facility or a distinct part of a facility
licensed or approved as a nursing home, infirmary unit of a home for
the aged or a governmental medical institution.
An exterior wall of a building exposed to public view.
A projecting flat horizontal member of molding; also part
of a classical entablature.
An artificially constructed barrier erected for the enclosure
of yard areas.
Window and other openings on a building facade.
The official action of the respective board taken on a preliminary
approved major subdivision or site plan after all conditions, engineering
plans and other requirements have been completed or fulfilled and
the required improvements have been installed or guarantees properly
posted for their completion, or approval conditioned upon the posting
of such guarantees.
The final map of all or a portion of the subdivision which
is presented to the respective board for final approval in accordance
with these regulations, and which if approved shall be filed with
the proper county recording office.
Any assistance permitted or required by the state to be furnished
by an owner or operator to a resident in the management of personal
financial matters, including, but not limited to, the cashing of checks,
holding of personal funds for safekeeping in any manner, or assistance
in the purchase of goods or services with a resident's personal funds.
A lot, the majority of whose width is not fronting on or
abutting a public road and where access to the public road is by a
narrow, private right-of-way.
That portion of the floodplain outside of the floodway or
stream encroachment lines.
The channel and portions of the floodplain adjoining the
channel which are reasonably required to carry and discharge the regulatory
flood.
The sum of the gross horizontal areas of all
floors of a building or buildings, measured from the exterior faces
of exterior walls or from the center line of walls separating two
buildings. The floor area of a building or buildings shall include
but not be limited to the following:
Floor space use for heating, ventilating and
air-conditioning equipment with structural headroom of seven feet,
six inches or more.
Attic space and basement space where a floor
has actually been laid, providing structural headroom of seven feet,
six inches or more.
Interior balconies and mezzanines.
Enclosed porches.
However, the floor area of a building shall
not include:
Cellar space, except that cellar space used
for retailing shall be included for the purpose of calculating requirements
for accessory off-street parking spaces and accessory off-street loading
berths.
Elevator shafts and stairwells, accessory water
tanks and cooling towers.
Floor space used for heating, ventilating and
air-conditioning equipment with structural headroom of less than seven
feet, six inches.
Attic space, whether or not a floor has actually
been laid, providing structural headroom of less than seven feet,
six inches.
Uncovered steps.
Terraces, breezeways and open porches.
Accessory off-street parking spaces.
The total of all floor areas of a building, excluding HVAC
equipment rooms, interior vehicular parking or loading, and all floors
below the first or ground floor, except when used or intended to be
used for any human habitation or any service to the public.
The total of all floor areas of the building or buildings
of that zoning lot divided by the area of that zoning lot, all in
square feet.
See "visual termination."
A group of people formally organized for a common interest,
usually cultural, service, religious or entertainment, with regular
meetings, rituals and formal written membership requirements.
The part of the end wall of a building between the eaves
and a pitched or gambrel roof.
A building or space used as an accessory to the principal
use which provides for a permitted accessory use, including the storage
of motor vehicles and/or a home occupation.
[Amended 10-20-2020 by Ord. No. 20-2014]
A building or part thereof, other than a private garage,
used for the storage, care or repair of motor vehicles for profit,
including but not limited to the sale of fuels, or accessories, or
the hiring of same.
A building or series of buildings under single ownership,
with common yards, open spaces, recreation area, garages and parking
areas, not more than three stories in height, containing two or more
suites of rooms on each floor equipped for separate housekeeping,
with a maximum of eight dwelling units per acre; a maximum plot coverage
or site coverage of primary and accessory uses, including parking,
of 60%; and a maximum height of building of 35 feet. The garden apartment
development shall be on a landscaped site designed and erected as
an integrated development with singleness of use and operation and
which site contains such common facilities as pedestrian walks, open
spaces and developed recreation areas in accord with minimum standards
stated in this chapter, off-street parking and/or garage facilities
consistent with ordinance requirements, complete utility system and
free two-way access provided by two or more connections to peripheral
public roads.
A principal point of entrance into a district or neighborhood.
A building located at a gateway and which dramatically marks
this entrance or transition through massing, extended height, use
of arches or colonnades or other distinguishing features.
Shall have the same meaning as that contained in the Municipal
Land Use Law, N.J.S.A. 40:55D-1 et seq.
The completed elevation of surfaces of lawns, walks and pavement
as shown on official plans or designs.
The area of all floors of a building measured at the exterior
of the walls thereof, excluding cellars, closets, porches, patios,
terraces, carports, breezeways, verandas and garages and any other
unheated area.
A facility or institution, whether public or private, principally
engaged in providing services for health maintenance, diagnosis or
treatment of human disease, pain, injury, deformity, physical condition,
or mental condition, including, but not limited to, a general hospital,
public health center, diagnostic center, treatment center, rehabilitation
center, extended care facility, skilled nursing home, nursing home,
intermediate care facility, tuberculosis hospital, chronic disease
hospital, maternity hospital, outpatient clinic, dispensary, home
health care agency, boarding home or other homes for sheltered care,
and bioanalytical laboratory or central services facility serving
one or more such institutions but excluding institutions that provide
healing solely by prayer.
The process of identifying, evaluating, managing, conserving,
maintaining and, when necessary, rehabilitating, stabilizing, restoring
and reconstructing historic properties so that they are protected
for the use of future generations.
Any activity carried out for gain by a resident, conducted
as an accessory use entirely within the resident’s dwelling,
a private garage or an accessory structure without any exterior signage
or visible display related to the home occupation. A home occupation
is limited to two residents who reside on the premises and no employee,
tenant or other person may work from the premises except for students
attending academic, artistic, musical or religious instruction or
tutoring or coaching sessions.
[Amended 10-20-2020 by Ord. No. 20-2014]
A community association, other than a condominium association,
which is organized in a development in which individual owners share
common interests in open space or facilities.
See "belt course."
An establishment offering to the general public transient
lodging accommodations, including one bathroom to each room, but not
including cooking facilities, and which may provide additional services,
such as restaurants, meeting rooms, and recreational facilities.
One or more persons who live together in one dwelling unit
on a nonseasonal basis and who share living, sleeping, cooking and
sanitary facilities on a nonprofit basis, and who intend to be considered
and who in fact consider themselves as a bona fide family. Nothing
herein shall permit any housekeeping unit to exceed or violate any
lawful limits on the number of persons permitted to reside in a particular
dwelling.
The relationship between the dimensions of a building, structure,
street, open space, or streetscape element and the average dimensions
of the human body.
A ratio between the area which is improved and overlain by
structures and/or materials which results in the reduction and/or
prevention of absorption of water into the ground and the lot area,
expressed in terms of a percentage of the total area.
In the case of a civil proceeding in any court or in an administrative
proceeding before a municipal agency, any person, whether residing
within or without the municipality, whose right to use, acquire or
enjoy property is or may be affected by any action taken under this
chapter, or whose rights to use, acquire or enjoy property under this
chapter or under any other law of this state or of the United States
have been denied, violated or infringed by an action or a failure
to act under this chapter.
An area or structure used for the collecting, storage, buying,
trading or abandonment of any refuse and/or discarded material, or
the auctioning, dismantling, demolition, salvaging, cannibalizing,
abandonment or processing of structures, automobiles, or other vehicle
equipment and machinery or parts thereof; with the deposit of domestic,
commercial, industrial or sanitary waste or garbage excluded.
A structure or rooms equipped for conducting properly certified
scientific experiments, analysis, examinations, research, testing
and/or other experimental technical work, provided that all activities
and equipment are housed within the principal structure(s) and that
no hazardous, noxious or offensive conditions or noise are generated
outside the principal structure(s).
[Amended 11-9-2021 by Ord. No. 21-2036]
A line of communication, such as a pathway, arcade, bridge,
alley, etc., linking two areas or neighborhoods which are either distinct
or separated by a physical feature (i.e., a railroad line) or a natural
feature (i.e., a river).
A horizontal beam over an opening in a masonry wall, either
structural or decorative.
A designated parcel, tract or area of land, including the
total area within the lot lines of a tract of land excluding any street
rights-of-way.
The total horizontal area of a parcel of land which is determined
by the limits of the lot lines bounding that area and expressed in
terms of square feet or acres. Any portion of a lot included in a
public right-of-way shall not be included in calculating lot area.
A ratio between the building area and lot area expressed
in terms of a percentage of the total lot area.
The average distance from the front lot line to the rear
lot line. For lots where front and rear lines are not parallel, lot
depth shall be measured by drawing lines at twenty-foot intervals
from the front to the rear lot lines, at right angles to the front
lot line, and averaging the length of these lines.
The portion nearest the street or coexistent with a street
right-of-way line and being the portion of the lot to be used as the
front yard requirement on corner lots and through lots; all lot sides
of a lot adjacent to streets shall be considered frontage, and yard
setback requirements shall be provided as indicated under "yards"
in this section. In odd-shaped or triangular-shaped lots or lots fronting
upon a cul-de-sac, the length of frontage may be considered to be
2/3 of the required lot width provided at the street right-of-way
line.
Any lot line sharing commonality and coexistent with a street
right-of-way line. All lot lines coincident with street right-of-way
lines shall be considered front lot lines.
Any lot line, other than a street line, which is parallel
to the front line or within 45° of being parallel to the front
lot line. A rear lot line shall also include any lot lines on an offset
to a through lot which constitute the rear lot line of an adjacent
zoning lot.
Any lot line which is not a front lot line or a rear lot
line.
The horizontal distance between straight lines connecting
front and rear lot lines at each side of the lot, measured parallel
or nearly so to the front and rear lines so determined and across
the rear of the required front yard; provided, however, in the case
of lots on the turning circle of cul-de-sac or odd-shaped lots, that
width between side lot lines at their foremost points (where they
intersect with the street right-of-way line) shall not be less than
2/3 of the required lot width.
Any security which may be deemed acceptable by the Borough
for the maintenance of any improvements required by this chapter,
including, but not limited to, surety bonds, letters of credit under
the circumstances specified in N.J.S.A. 40:55D-53.5, and cash, except
that the Borough shall not require that a maintenance guarantee be
in cash.
All site plans not defined as minor site plans.
All subdivisions not classified as minor subdivisions.
A dealer in provisions and supplies or one who makes or sells
provisions, supplies or equipment specifically related to ships, boats
or relating to navigation of waterways.
Wall building material, such as brick or stone, which is
laid up in small units.
The three-dimensional bulk of a structure: height, width
and depth.
A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Section 19 of the Municipal Land Use Law (N.J.S.A. 40:55D-28).
A building that contains establishments dispensing health
services.
A building or group of buildings having controlled access
and security within a compound, containing various sizes of structures
which are compartmentalized and/or controlled-access stalls and/or
locker areas for lease to or rent to individuals for storage of goods
within a building or buildings.
A development plan of one or more lots which proposes development
of a new building or a building alteration and less than five parking
spaces and less than 1,000 additional square feet of floor area or
a total of not more than ten-percent lot coverage, whichever is less,
and which does not involve planned development, any new street or
extension of any off-tract improvement which is to be prorated pursuant
to N.J.S.A. 40:55D-42.
A subdivision classified as a minor subdivision shall meet
the following requirements:
A complete physiographic portrait of a municipality, including
its geography, topography, hydrology, soil and vegetation, as well
as man-made factors which influence the environment.
A lot or parcel which does not conform to the minimum standard
for the zone in which it is located or the use to which it is being
put.
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 reasons of such adoption, revision or amendment.
A use or activity which was lawful prior to the adoption,
revision or amendment of a zoning ordinance but which exact same use
fails, by reason of such adoption, revision or amendment, to conform
to the present requirements of the zoning district.
An extended- or intermediate-care facility licensed or approved
to provide full-time convalescent or chronic care to individuals who,
by reason of advanced age, chronic illness or infirmity, are unable
to care for themselves.
The specific purpose for which land or a building is used,
designed or maintained.
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 contiguous portion of a street or
right-of-way.
An off-street parking area for vehicles, including the storage
area of each vehicle and necessary maneuvering area of each vehicle.
Space for maneuvering incidental to parking or unloading shall not
encroach upon any public way. Every off-street parking facility shall
be accessible from a public way.
Not located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
Located on the lot in question.
Located on the property which is the subject of a development
application or on a contiguous portion of a street or right-of-way.
The area which is outside the floodway and is flooded with
an average frequency of one or more times in each 100 years as determined
by the Federal Emergency Management Area (FEMA) and Flood Insurance
Rate Maps (FIRM).
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment, or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such open space. Such areas shall
be exclusive of required front, side and rear yards, streets, driveways,
man-made stormwater management facilities, parking areas or loading
or storing areas.
An area of land other than a public street owned by a public
agency and maintained by it for the use and enjoyment of the general
public.
A land planning tool similar to traditional zoning which
establishes additional performance standards and criteria for developments
in specified areas to achieve stated goals.
Any public or private land area designed and used for parking
motor vehicles, including parking lots, garages, private driveways
and legally designated areas of public streets.
An off-street space for the parking of a motor vehicle, with
minimum dimensions of nine feet by 18 feet.
Any security which may be accepted by a municipality, including
but not limited to surety bonds, letters of credit under the circumstances
specified in N.J.S.A. 40:55D-53.5, and cash, in an amount not to exceed
120% of the cost of installation of all improvements as estimated
by the Borough Engineer, provided that the Borough shall not require
more than 10% of a performance guarantee to be in cash.
Establishments primarily engaged in providing services involving
the care of a person or his or her apparel, including but not limited
to laundry, dry cleaning and garment services, coin-operated laundries,
photographic studios, beauty shops, barber shops, shoe repair, and
exercise clubs, provided that, except as permitted by any licensing
act of the State of New Jersey, no service involves contact with any
unclothed portion of a person other than his or her scalp, face, arms,
hands, legs below the knees, feet or neck.
Those active services or functions exclusively devoted to
the active effort to promote human welfare, maintained or supported
by act or gift or organized distribution of funds.
A column partially embedded in a wall, usually nonstructural.
The angle of slope of a roof.
See "church."
An area of a minimum contiguous size, as specified by ordinance,
to be planned and developed as a single entity and containing one
or more residential clusters; appropriate public or quasi-public uses
may be included if such uses are primarily for the benefit of the
residential development.
An area with a specified minimum contiguous or noncontiguous
acreage of five acres or more to be developed as a single entity according
to a plan containing one or more residential clusters, which may include
appropriate commercial or public or quasi-public uses all primarily
for the benefit of the residential development as authorized in N.J.S.A.
40:55D-65(c).
[Added 10-2-2012 by Ord. No. 12-1840]
An open-sided structure attached to a building sheltering
an entrance or serving as a semi-enclosed space.
Applies only to preexisting buildings in the CBD and C Districts
and shall mean an area on the facade of the building that has been
used for signage and is a panel or material, such as metal or concrete,
of a composition distinct from the balance of the facade, and is located
above the front entrance or windows of the buildings.
The conferral of certain rights prior to final approval after
specific elements of a development plan have been approved by the
relevant board.
The application and accompanying documents required by this
chapter to be submitted to the Historic Preservation Commission for
approval of any action which:
A structure more than 50 years old which:
Is associated with persons, events or architecture
which made a contribution to the broad patterns of our history;
Reflects architecture of a distinctive character
with respect to type, period or method of construction; or
Has yielded or is likely to yield information
important to our history. The oldest part of the structure shall determine
the age of the structure for this purpose.
The office or studio of a member of a recognized profession,
including the offices of physicians, dentists, ministers, lawyers,
architects, professional engineers, and such similar professional
nontrade occupations. The issuance of a state or local license for
regulations of any gainful occupation is not to be deemed solely indicative
of professional standing.
A lot or parcel line that defines the limits of ownership.
The relationship or ratio between two dimensions, i.e., width
of street to height of building wall or width to height of window.
Public parks, playgrounds, trails, paths and
other recreational areas;
Other public open spaces;
Scenic and historic sites;
Sites for school and other public buildings
and structures, including the uses of all municipal, county, state,
regional and federal government agencies; and
Public rights-of-way, cartways and easements.
That which is reasonably visible, under average conditions,
to the average observer located on any public land or right-of-way,
or on any semipublic or private space which is normally accessible
to the general public.
Facilities utilized by members of nonprofit organizations
and which are open to the general public, such as but not limited
to religious organizations, veterans' organizations, fraternal organizations
and other institutions or organizations of similar type but not necessarily
belonging to the aforementioned categories.
Corner treatment for exterior walls, either in masonry or
frame buildings.
Leisure-time activities, usually of a more formal nature
and performed with others, often requiring equipment and taking place
at prescribed places, sites or fields.
Any leisure-time activity not considered active.
To partially or completely move a structure substantially
intact.
An area to be developed as a single entity according to a
plan containing residential housing units which have a common or public
open space area as an appointment.
An establishment regularly and principally used for the purpose
of providing meals to the public, having an adequate kitchen and dining
room equipped for the preparing, cooking and serving of foods for
its customers, and in which no other business, except such as is incidental
to such establishment, is conducted, wherein the food and drink are
consumed within the principal building. Such uses shall not be interpreted
to include and are hereby defined to exclude drive-in restaurants
or other similar uses where customers and patrons are served food,
soft drinks or ice cream for their immediate consumption outside the
confines of the building or structure in which the business is conducted.
Restaurant establishments shall provide for traditional table services
for made-to-order food.
An establishment where customers are served food, soft drinks,
coffee, tea and /or ice cream and ice cream products for consumption
off the premises of the building or structure in which the business
is conducted, and not within that building or structure. No customer
seating and/or tables of any kind are found in a carry-out restaurant.
[Added 2-15-2011 by Ord. No. 11-1803]
An establishment which has one or more of the following characteristics:
Serves primarily ready-to-eat foods, frozen
desserts, or beverages in edible or paper, plastic, or disposable
containers;
Usually serves foods over a general service
counter or take-out counter that customers carry to the restaurant's
seating facilities, to motor vehicles or off premises;
Devotes 45% or more of the establishment's gross
floor area to food preparation, storage, or related activities; or
Serves foods through a drive-in or drive-through
window.
An establishment that sells goods, merchandise or products,
or performs services incidentally related to the sale of such goods,
merchandise or products, to general public customers for personal
or household consumption.
Establishments providing services or facilities, as opposed
to products, to the general public, including eating and drinking
places, hotels and motels, finance, real estate and insurance, personal
services, motion pictures, amusements and recreation services, health,
educational and social services, museums and galleries.
A structure that is designed and constructed to stabilize
two generally horizontal surfaces which are vertically displaced,
and which shall be either a landscape retaining wall or structural
retaining wall:
LANDSCAPE RETAINING WALLA retaining wall less than three feet in height, which does not support any site improvement within three feet of the top of the wall;
STRUCTURAL RETAINING WALLA retaining wall greater than three feet in height or a retaining wall with any site improvement located within a distance from the top of the wall equal to the height of the retaining wall.
The effect obtained through repetition of architectural elements
such as building height, rooflines or side yard setbacks; of streetscape
elements such as decorative lampposts; or of natural elements such
as street trees.
The relationship between the solid portions of a building
facade and the voids formed by doors, windows, other openings and
recesses. May also refer to the relationship between building mass
(solids) and side yard setbacks (voids) along a street.
The horizontal and vertical area delimited by a line coexistent
with the property line of other lands or right-of-way. Such lands
may be of public holding for road or highway or public utility use
or private holding for the location of private, commercial, collective
or distributive provision of utilities.
Any residence, building or any part thereof containing one
or more rooming units in which space is let by the owner or operator
to more than two persons who are not members of the family.
Any room or group of rooms forming a single habitable unit
used or intended to be used for living and/or sleeping but not for
cooking or eating purposes.
A public, parochial or private nursery, day care, elementary,
secondary, college or university educational institution offering
a diploma, degree or certificate subject to regulations prescribed
by the State of New Jersey, Department of Education, supported in
whole or part by public funds and/or nonprofit quasi-public agencies.
The minimum horizontal distance between the street, rear
or side lines of the lot and the front, rear or side setback line.
When two or more lots under one ownership are used, the exterior property
lines so grouped shall be used in determining setbacks. The setback
distance shall be equal to the required yard depth.
A line within any lot parallel to any street or property
line between which line and the street or property line no building
or portion thereof may be erected except as otherwise provided for
in this chapter.
A paved path provided for pedestrian use and usually located
at the side of a road within a right-of-way.
The outdoor display of merchandise for sale by a commercial
establishment. The displayed merchandise must be similar to the merchandise
sold within the establishment.
Triangular-shaped portion of land established at street intersections,
in which nothing is erected, placed, planted or allowed to grow between
a height of 30 inches and 15 feet above the ground elevation in such
a manner as to limit or obstruct the sight distance of motorists entering
or leaving the intersection.
Any structure or part thereof or any device attached to a
structure, which shall display or include any letter, work, model,
banner, pennant, flag, insignia, device or representation used as
or which is in the nature of an announcement, direction or advertisement.
A sign includes any billboard but does not include the flag, pennant
or insignia of any nation, group of nations, or of any state, city
or other political unit, or any temporary political, educational,
charitable, philanthropic, civic, religious or like campaign, drive,
movement or event sign.
The area or areas on a commercial building facade where signs
may be placed without disrupting facade composition. The signable
area will often include panels at the top of show windows, transoms
over storefront doors and windows, signboards on fascias, and areas
between the top of the storefront and the sills of second-story windows.
Any sign which is owned and operated by any person, firm
or corporation engaged in the business of outdoor advertising for
direct profit gained from the rental of such signs, or any sign advertising
a commodity not sold or produced on the premises. This shall include
billboards and off-premises signs indicating the direction to a particular
place, as well as any interior message or display with greater than
twelve-inch letters or logo which is visible from the exterior of
the building structure.
The area included within the frame or edge of the sign. Where
the sign has no such frame or edge, the area shall be defined by an
enclosed four-sided (straight sides) geometric shape which most closely
outlines the sign. In the case of lettering attached to building facades,
the sign area shall be the product of the maximum horizontal dimension
of all lettering and symbols multiplied by the vertical dimension
of all lettering and symbols which form the sign.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered at a location
other than the premises on which the sign is located.
Signs limited to directional messages, principally for pedestrian
or vehicular traffic, such as but not limited to "one-way," "entrance"
and "exit," etc.
A sign, located at or near the main entrance of a premises,
giving the floor, suite number and/or location of the occupants of
a building or premises.
[Added 3-15-2011 by Ord. No. 11-1806]
The vertical surface of a lintel over a storefront which
is suitable for sign attachment.
Any nonmovable sign not affixed to a building.
See "sign, icon."
Any sign supported by uprights or braces and not attached
to any building.
A sign that illustrates by its shape the nature of the business
conducted within.
A sign lighted by or exposed to artificial lighting either
by lights on or in the sign or directed toward the sign.
A sign located on the premises giving the name or address,
or both, of the owner or occupant of a building or premises.
A temporary sign announcing or supporting political candidates
or issues in connection with any national, state or local election.
A sign that is not permanent or affixed to a building, structure
or the ground.
A sign that is wholly or partly dependent upon a building
for support and which projects more than 12 inches from such building.
A sign pertaining to the sale or lease of the premises or
a portion of the premises on which the sign is located.
A sign that is mounted on the roof of a building or which
is wholly dependent upon a building for support and which projects
above the point of a building with a flat roof, the eave line of a
building with a gambrel, gable or hip roof, or the deckline of a building
with a mansard roof.
A sign that is applied or attached to the exterior or interior
of a window or located in such a manner within a building that it
can be seen from the exterior of the structure through a window.
Any grading, tree and vegetation removal, building of structures,
creation of impervious surfaces or other related activity which results
in changes to the land surface.
A development plan of one or more lots on which is shown
details required pursuant to this chapter.
A map of subdivision of sufficient accuracy to be used for
the purpose of discussion and classification of the application.
Any area with a slope of 10% or greater.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A "split level" story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it except a cellar. Any
floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a story.
That portion of a building under a gable, hip or gambrel
roof, the wall plates of which at least two opposite exterior walls
are not more than two feet above the floor of such half story. A cellar
shall also be included as a half story.
The bed and bank of any perennially or intermittent flowing
watercourse, including rivers, streams, brooks and ponds.
The bed, bank and one-hundred-year flood zone of a stream.
Required to be delineated as the most restrictive limit of the two distances established in accordance with § 230-148A
A line, described by metes and bounds, which defines the
boundary between the floodway and flood-fringe area in a nondelineated
floodplain and customarily marks the limit of disturbance to be placed
in a delineated floodplain.
Any road, avenue, street, lane, boulevard, alley or other
way set aside or commonly used for access to abutting property, improved
or unimproved. Such common ways shall have been duly inspected, approved,
accepted and recorded and dedicated to the public use.
Functional elements of the streetscape, including but not
limited to benches, trash receptacles, planters, telephone booths,
kiosks, signposts, streetlights, bollards and removable enclosures.
That line determining the limit of the highway rights of
the public, either existing or contemplated. Where a definite right-of-way
width has not been established, the street lines shall be assumed
to be at a point 25 feet from the center line of the existing pavement.
The built and planted elements of a street which define its
character.
See "belt course."
A combination of materials to form a construction that is
safe and stable and includes among other affixed things, a stadium,
platform, radio towers, buildings, billboards, freestanding signs,
sheds, storage bins, swimming pools, and fences which are more than
50% solid.
Any body of water, tank or receptacle for water, whether
artificially or semi-artificially constructed or portable, having
a depth at any point greater than 18 inches or having over 120 square
feet of area or larger than 12 feet in diameter, used or intended
to be used for swimming or bathing solely by the owner, his family
and guests of the household, and constructed, installed, established
or maintained inside or outside any building in or above the ground
upon any premises as an accessory use to the residence.
See "church."
A place where the principal use or function is the selling
of alcoholic beverages and incident thereto may be retail sale or
consumption of food as a permitted use consistent with N.J.S.A. 33:1-12
et seq.
See "church."
A structure without any foundation or footings and which
is removed when the designated time period, activity or use for which
the temporary structure was erected has ceased.
A use established for a fixed period of time with the intent
to discontinue use upon the expiration of the time period.
The exterior finish of a surface, ranging from smooth to
coarse.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
Permission to depart from the literal requirements of a zoning
ordinance.
A buffering or screening device which partially or totally
blocks the view to or from adjacent sites by a discernible factor
ranging up to 100%.
A point terminating a vista or view, often at the end of
a straight street or coinciding with a bend.
Any artificially constructed pool, not designed or used for
swimming, with a maximum depth of 18 inches.
A path provided for pedestrian use through a site.
The vertical exterior surface of a building;
Vertical interior surfaces which divide a building's
space into rooms;
Architectural wall, which shall mean a structure
used for enclosing or screening adjacent property, usually with a
generally solid surface, continuously supported by the ground through
the use of footings or other similar supports; and
Retaining wall (see definitions under "retaining
wall").
A building used primarily for the storage of goods and materials.
An open, unoccupied space on the same lot with the principal
building, extending the full width of the lot and situated between
the street line and the front line of the building projected to the
side lines of that lot. Front setback line shall be synonymous with
the front yard line. Front setback requirements shall apply to all
street frontages of a corner lot.
The open space extending across the full width of the lot
and lying between the rear line of the lot and the nearest line of
any building. The depth of a rear yard shall be measured at right
angles to the rear wall of the building to the nearest point of the
rear lot line.
An open, unoccupied space between the side line of the lot
and the nearest line of a building and extending from the front yard
to the rear yard or, in the absence of either such yards, to the street
or rear lot lines as the case may be. The width of a side yard will
be measured at right angles to the side line of the lot.
The person within the administrative offices of the municipality,
so designated by job title classification.
A document signed by the Zoning Officer:
Which is required by this chapter as a condition
precedent to the commencement of a use or the erection, construction,
reconstruction, alteration, conversion or installation of a structure
or building; and
Which acknowledges that such use, structure
or building complies with the provisions of the Zoning Ordinance or
variance therefrom duly authorized by the municipal approving agency.
