Words used in the present tense include the
future; words in the masculine gender include the feminine and neuter;
and the singular number includes the plural and the plural the singular;
the words "used for" include the meaning "designed for"; the word
"structure" includes the word "building"; the word "shall" is always
mandatory.
For the purpose of this chapter, certain terms
and words are hereby defined as follows:
A building, the use of which is customarily incidental to
that of a dwelling and which is located on the same lot as that occupied
by the main building.
A use customarily incidental and subordinate to the principal
use of a building for dwelling purposes, including the following and
uses similar thereto:
The office or studio of a physician or surgeon,
dentist, artist, musician, lawyer, architect, teacher, accountant,
real estate or insurance agent residing on the premises, provided
that there is no more than one paid assistant of a clerical or secretarial
nature and that there is no advertising display visible from the street
other than a small professional nameplate not exceeding two square
feet in area.
Customary home occupations such as millinery
and dressmaking, provided that:
There is no display of goods visible from the
street.
There is no advertising visible from the exterior
other than a small announcement sign not exceeding two square feet
in area.
Such occupation is conducted in the main dwelling
by a person residing therein, with no paid assistants, and does not
occupy more than 1/3 of the total floor area thereof.
Boarding or rooming houses for not more than
six persons, provided that application shall be made to the Zoning
Officer for a certificate therefor by the owner of said house and
that said occupancy complies in all other respects with all other
ordinances of the Borough of Pemberton and all laws promulgated by
the State of New Jersey pertaining to such use.
Any change in supporting members of a building, except such
change as may be required for its safety, any addition to a building,
any change in use from one district classification to another or removal
of a building from one location to another.
A portion of a building consisting of a group of rooms used
as a dwelling for a family and set apart as a separate unit from other
units or portions of the building.
The length of a street between two street intersections.
OR ROOMING HOUSE — A dwelling, other than a hotel,
wherein not more than six people are sheltered or fed for profit.
A line midway between and parallel to the two street or road
property lines, or as otherwise defined by the Borough Council.
A building to house a club or social organization not conducted
for profit and which is not adjunct to or operated by or in connection
with a public tavern, cafe or public place.
A lot fronting on two streets at their intersection.
The street upon which the majority of lots within a block
are fronted or any street so designated by the Borough Council.
A yard across the full width of the lot, extending from the
front main wall of the building to the front property line.
The vertical distance measured from the average ground level
at the sides of the building to the extreme high point of the building,
exclusive of chimneys and similar fixtures.
A thoroughfare owned and maintained by the state or county.
A public inn in which there are more than six sleeping rooms
without provision for cooking in any individual room or suite but
with public dining facilities.
The sum of the areas of horizontal sections through each
story of all parts of the building used for residence, exclusive of
a basement janitor apartment. In computing living floor area, the
area of horizontal sections shall be that area enclosed by the outside
faces of all exterior walls. Inner courts and open passageways shall
be deducted from this figure.
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.
A composite of one or more written or graphic proposals for
the development of the Borough as set forth in and adopted pursuant
to section 19 of P.L. 1975, c. 291 (N.J.S.A. 40:55D-28).[1]
A building or a series of buildings, connected or separate,
for the purpose of housing transient guests and without cooking or
refrigeration facilities in any individual room or suite. This shall
also include motor cabins, motor courts and tourist cabins with no
public dining facilities.
Any building under a single roof designed for occupancy by
two or more households living as families. This shall not be interpreted
to include row houses.
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance,
but fails to conform to the requirements of the zoning district in
which it is located by reason of such adoption, revision or amendment.[2]
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.[3]
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 reasons of such adoption, revision or amendment.[4]
A porch open on two or three sides except for wire screening.
A porch shall not be considered open if enclosed by either permanent
or detachable glass sash.
A garage not conducted as a business nor used for the storage
of more than one commercial vehicle whose load capacity shall not
exceed 3/4 ton, which shall be owned by a person residing on the premises,
and two pleasure cars.
A garage conducted as a business. The rental of storage space
for more than two cars or for a commercial vehicle not owned by a
person residing on the premises shall be deemed a business use.
A yard across the full width of the lot and lying between
the rear wall of the building and the rear line of the lot and unoccupied
except for accessory buildings and open porches, which, in the aggregate,
shall occupy not more than 35% of the area thereof.
A yard lying between the building and the side line of the
lot and extending from the front yard to the rear yard.
A detached house designed for the use of a single household.
A trailer or trailer cabin shall not be considered a dwelling within
the meaning of this chapter.
A development plan of one or more lots on which is shown
(1) the existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways; (2) the location of all existing and proposed
buildings, drives, parking spaces, walkways, means of ingress and
egress, drainage facilities, utility services, landscaping, structures
and signs, lighting and screening devices; and (3) any other information
that may be reasonably required in order to make an informed determination
pursuant to an ordinance requiring review and approval of site plans
by the Planning Board.[5]
That part of a building included between any floor and the
floor or roof next above.
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 P.L. 1975,
c. 291, § 1 (Municipal Land Use Law); or which is shown
on a plan duly filed and recorded in the office of the county recording
officer prior to the appointment of the Pemberton Borough 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.
The right-of-way of a street or highway as indicated by dedication
or by deed or record.
A private residence in which overnight accommodations are
provided for not more than 10 transient paying guests.
Permission to depart from the literal requirements of a zoning
ordinance.
[Added 2-21-2006 by Ord. No. 2006-2]
An open, unoccupied space on the same lot with a building,
unobstructed from the ground to the sky except as otherwise provided
herein.
