Definitions. Certain words or terms in this chapter
shall mean and are defined for the purpose thereof as follows:
ACCESSORY STRUCTURE
A separate, subordinate structure on the same lot with a
principal use structure and devoted exclusively to an accessory use.
ACCESSORY USE
A use of land or a building naturally and normally incidental
and subordinate to the principal use of the land or building and located
on the same lot as the principal use.
ADULT ENTERTAINMENT
A commercial establishment which regularly features sexually
oriented entertainment.
AGE-RESTRICTED/ADULT SENIOR HOUSING
A housing project in which a minimum of 90% of the units
are occupied by households in which at least one member is aged 55
or older and no member is under the age of 19 and which is in compliance
with the requirements of the Federal Fair Housing Act.
[Added 2-21-2006 by Ord. No. O:2006-05]
ALLEY
Any public or private way less than 50 feet in width between
property lines, unless such way existed prior to the passage of this
chapter, in which case any public or private way which is less than
30 feet in width and providing a secondary means of public or private
access to abutting property and not intended for general traffic circulation.
BAIL BOND SERVICES
Include any business, service or similar entity that solicits,
negotiates or sells bail bonds or is affiliated in any manner with
the execution of bail bonds, or the provision of cash bail, credit
bail or any similar instruments for a fee or other remuneration.
[Added 11-1-2004 by Ord. No. O:2004-27]
BASEMENT; CELLAR
The portion of a building in which the ceiling averages less
than four feet above the finished grade where such grade meets the
outside walls of the building. If the ceiling height averages more
than four feet above such grade and has a clear height of six feet
six inches or more, such space shall be considered a story.
BUILDABLE AREA
That central portion or area of any lot lying between required
yards and/or setback lines.
BUILDING
Any structure having a roof supported by columns or walls
and intended for the shelter, housing or enclosure of any person or
property.
BUILDING HEIGHT
The vertical distance measured from the mean elevation of
the finished grade along the front of the building to the highest
point of the roof for flat roofs; to the mean height level (between
the eaves and ridge) for gable and hipped roofs; and to the deck line
for mansard roofs.
BUILDING LINE
The horizontal projection in plan of all covered or roofed
areas, whether permanent or temporary. This does not include stoops
and terraces which are not covered. In the case of irregularly shaped
or placed buildings, "building lines" shall be considered lines parallel
to or concentric with lot lines through the nearest covered point
of the building.
BUSINESS SERVICE
Retail goods or services for the local business needs and
local business consumption.
BUSINESS USE
An activity engaged within a separate and distinct structure
or unit for retail trade, finance, insurance, real estate or services
(including personal, business, auto, repair, amusement, health, legal,
educational, research, engineering, accounting, membership, social
services and public administration).
CHECK CASHING SERVICES
Include any business, service or similar entity, other than
a state or federally regulated or chartered bank, savings bank, savings
and loan institution, credit union or other financial institution,
which performs, as its primary, secondary or accessory purpose, the
honoring or cashing of checks, drafts or money orders for a fee or
other remuneration.
[Added 11-1-2004 by Ord. No. O:2004-27]
COVERAGE
That portion of the lot area that is covered by buildings
and roofed structures.
DECK
A horizontal, platform-type, accessory structure generally
located and attached to a portion of a residential or commercial building
and utilized for seasonal outdoor activity.
DRIVEWAY
A passageway for vehicle ingress and egress to private property.
DRIVEWAY APRON
That portion of a driveway that lies between the street side
of the sidewalk and the curbline or edge or roadway surface.
DRIVEWAY JOINT
A passageway for vehicle ingress or egress to two or more
parcels of property.
DUMP
A land site used primarily for disposal by dumping, burial,
burning or other means and for whatever purposes of garbage, sewage,
trash, refuse, junk, discarded machinery, vehicles or parts thereof
and other waste, scrap or discarded material of any kind.
DWELLING
A structure or portion thereof which is used exclusively
for human habitation.
DWELLING, ATTACHED
A one-family dwelling attached to one or more one-family
dwellings by common vertical or horizontal walls.
DWELLING, MULTIPLE
A building or portion thereof used or designated as a residence
for three or more dwelling units.
DWELLING UNIT
One room or group of interrelated rooms:
(1)
Intended, designed and occupied for nontransient
residential use by one or more persons (the number of such persons
occupying the square foot area of the dwelling shall be determined
in accordance with the standards of the Uniform Construction Code).
(2)
Separated from other spaces by lockable doors.
(3)
Having access to the outside without crossing
another dwelling.
(4)
Having living and sleeping facilities, cooking
facilities, fixed or portable, and complete sanitary facilities.
FAMILY
One or more persons living as a nontransitory, single nonprofit
housekeeping unit as distinguished from individuals or groups occupying
a hotel, club, fraternity or sorority house.
FAMILY DAY-CARE HOME
Any private residence approved by the New Jersey Division
of Youth and Family Services or an organization with which the Division
contracts for family day-care in which child-care services are regularly
provided to no fewer than three and no more than five children for
no less than 15 hours per week. A child being cared for under the
following circumstances is not included in the total number of children
receiving child-care services:
(1)
The child being cared for is legally related
to the provider.
(2)
The child is being cared for as part of a cooperative
agreement between parents for the care of their children by one or
more of the parents, where no payments for the care are being provided.
FARMING
Agricultural activities or the raising of livestock or small
animals as a major source of income and conducted upon a lot or plot
in single ownership of not less than five acres in area.
FLEA MARKET/ANTIQUE MALL
A location at which permanent buildings or structures with
enclosed walls, framed roofs and structural footings and foundations
are rented or otherwise made temporarily available to two or more
persons and at which the persons offer tangible personal property
and antique items for sale.
[Added 2-16-2021 by Ord. No. O:2021-01]
FLOOR AREA, GROSS
The plan projection of all roofed areas on a lot, whether
fixed or temporary, measured to the outside of the exterior walls
of all roofed areas multiplied by the number of stories under various
roof sections.
FLOOR AREA, NET
In residential buildings, the accessible area enclosed by
the inside surface of walls, windows, doors and partitions and having
a headroom of at least six feet, six inches, including living, eating,
cooking, sleeping, closets and storage spaces but excluding stairwells,
basement, utility spaces and interior garages, carports or parking
spaces. In nonresidential buildings, the "net floor area" includes
storage, as well as selling and utility space.
FLOOR AREA, RATIO
The gross floor area of all buildings or structures compared
to the total area of the site.
GARAGE, PRIVATE
A structure which is accessory to a building which provides
for the storage of motor vehicles and in which no occupation, business
or services for profit are carried on.
GARAGE, PUBLIC
A building or portion thereof used primarily for the parking
or the storage of motor vehicles, conducted as a business.
GARAGE, REPAIR
Any building, premises and land in which or upon which a
business or service involving the maintenance, servicing or repair
of vehicles is conducted.
HOME OCCUPATION
An activity carried on for profit or gain in a dwelling unit
by a member of the resident family and no more than one additional
employee or assistant and as an accessory use in the resident's dwelling
which has no external structural evidence of nonresidential use and
does not use more than 400 square feet of area devoted to such occupation.
HOSPITAL (MEDICAL CENTER)
A building used to provide primary health-care services and
medical care to persons and including the diagnosis, treatment or
other care of human ailments. A "hospital" shall be deemed to include
a sanitarium, sanatorium, clinic, convalescent home, nursing home,
rest home or other buildings of similar purpose and use.
HOTEL
Any building or portion thereof containing six or more rooms
that are rented or hired out for sleeping purposes for compensation,
and related eating facilities and common rooms, and so constructed
that access to and egress from rooms to the outside is possible only
by a common entrance and is licensed by the State of New Jersey.
JUNKYARD
Any area, lot, land, parcel, building or structure or part
thereof, whether inside or outside, for the storage, collection, processing,
keeping or abandonment of junk, including scrap metals or other scrap
materials, or discarded goods or for the dismantling, demolition or
abandonment of automobiles or other vehicles or machinery or parts
thereof.
LANDFILL
A lot of land or part thereof licensed by the State of New
Jersey for disposal by abandonment, dumping, burial, burning, incineration
or any other means for whatever purpose of solid waste disposal, such
as garbage, offal, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste material of any kind.
LOT
A designated parcel, tract or area of land established by
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 lot lines, excluding
any street rights-of-way.
LOT DEPTH
The shortest horizontal distance between the front line and
a line drawn parallel to the front line through the midpoint of the
rear lot line, provided that in triangular lots having no rear lot
line the distance shall be measured to the midpoint of a line parallel
to the front lot line which shall be not less than 10 feet in length
measured between its intersection with the side lot lines.
LOT FRONTAGE
That portion of a lot extending along a street line. In odd-shaped
or triangular-shaped lots, the length of the frontage may be considered
to be the same as the lot width except that such length of frontage
shall not be less than 1/2 of any minimum frontage herein required
and that the actual length of the street line shall be not less than
50 feet.
LOT WIDTH
The mean horizontal distance between the side lines of a
lot measured at right angles to the lot depth.
MOTEL
An establishment providing transient accommodations containing
six or more rooms with at least 25% of all rooms having direct access
to the outside without the necessity of passing through the main lobby
of the building.
NONCONFORMING LOT
A lot, the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of this chapter, but
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 this chapter,
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.
NONCONFORMING USE
A use or activity which was lawful prior to adoption, revision
or amendment of this chapter, 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.
NONPROFIT EDUCATIONAL INSTITUTION
Any educational institution of learning chartered by the
State of New Jersey, or private educational institution normally subject
to regulations prescribed by the State of New Jersey, which institution
is operated on a nonprofit basis. This definition shall be deemed
to include all activities secondary or subordinate to the main activity
of any such institution as set forth in its charter.
NUISANCE
An interference with the enjoyment and use of property.
NUISANCE FACTORS
An offensive, annoying, unpleasant or obnoxious thing or
practice, a cause or source of annoyance, especially a continuing
or reappearing invasion or disturbance of another's right, including
the actual or potential emanation of any physical characteristics
of activity or use across a property line which can be perceived by
or affects a human being, or the generation of an excessive or concentrated
movement of people or things, such as:
(11)
Electronic hi-voltage or atomic radiation.
(13)
Noise of congregation of people, particularly
at night.
(15)
Transportation of things by truck, rail or other
means.
(16)
Invasion of nonabutting street frontage by parking.
(17)
The obscuring or masking of adjacent or nearby
property by projecting signs, marquees or canopies.
(18)
Any adverse effect on value or desirability
of nearby property.
(19)
The existence of any actual or potential hazard
of fire or explosion which might affect adjacent property.
OFFICE
A room or group of rooms used for conducting the affairs
of a business, profession, service, industry or government.
OFF-PREMISES PARKING
Parking area located on property other than that which is
the subject of the development application, which is within 500 feet
of the subject property and which is the subject of an approved, filed
easement.
OFF-STREET LOADING SPACE
Any off-street space available for the loading or unloading
of goods, not less than 15 feet wide, 45 feet long and 14 feet high,
and having direct and usable access to a street or alley, except that
where one such loading space has been provided, any additional loading
space lying alongside, contiguous to and not separated from such first
loading space need not be wider than 12 feet.
OFF-STREET PARKING SPACE
An area, not on a street and at least 10 feet by 20 feet,
intended for the parking of a passenger motor vehicle.
PATIO
A level, landscaped and/or surfaced area directly adjacent
to a principal building at or within three feet of the finished grade
and not covered by a permanent roof.
PAWNSHOP
Includes any business, service or similar entity which purchases
personal property for cash and for resale; purchases personal property
on condition of selling it back at a stipulated price; or loans and
advances money upon personal property pledged or deposited as collateral
security.
[Added 11-1-2004 by Ord. No. O:2004-27]
PORCH
A roofed open area, which may be glazed or screened, usually
attached to or part of and with direct access to or from a building.
RETAIL TRADE
Establishments engaged in selling goods or merchandise to
the general public for personal or household consumption and rendering
services incidental to the sale of such goods.
ROOMING (BOARDING) HOUSE
A dwelling or part thereof in which lodging is provided by
the owner or operator to no more than six boarders, with each boarder
having his or her own separate sleeping room.
SCHOOL
Any building or part thereof which is designed, constructed
or used for education or instruction in any branch of knowledge.
SCHOOL, COMMERCIAL
That activity of a person or corporation who is engaged in
the instruction of children or adults for personal gain. Specifically,
"commercial schools" include dancing and music schools, auto-driving
schools, secretarial schools and business colleges, nursery and play
schools, private kindergartens and schools for the development of
the skills of the artisan.
SERVICE STATION (GASOLINE)
A building or lot or part thereof supplying and selling gasoline
or other equivalent fuel for motor vehicles at retail direct from
pumps and storage tanks. A "service station" may include accessory
facilities for rendering services such as lubrication, tires, batteries,
washing and minor repairs.
SETBACK
A line within any lot, usually marking the limits of a required
yard space, parallel to any street line between which line and the
street line no building or portion thereof may be erected except as
provided in this chapter.
SIDEWALK
A paved, surfaced or leveled area, paralleling and usually
separated from the street, used as a pedestrian walkway.
SIGHT TRIANGLE
A triangular shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such a manner as to limit or obstruct the sight distance
of motorists entering or leaving the intersection.
SIGN
A visible device, object, display or structure for attracting
attention and/or giving information through the use of letters, symbols
or any other means, such as models, flags and pennants. Not included
or restricted are the flag, pennant or insignia of any nation, state,
city or other political unit or temporary signs of any political,
educational, charitable, philanthropic, civic, religious or like campaign,
drive or event.
[Amended 10-16-2001 by Ord. No. O:2001-20]
SIGN, ADVERTISING
A sign concerning objects or matters not directly related
to the premises on which it is located; for example, a billboard.
SIGN, ANNOUNCEMENT
A sign not exceeding one square foot identifying the occupant
of a structure or space and his activity.
SIGN, AREA
The entire face of a sign, including the advertising surface
and any framing, trim or molding but not including the supporting
structure.
SIGN, BANNER
Any flexible sign supported at its ends, typically by rope
or cord.
SIGN, BUSINESS
A sign which directs attention to the business, activity,
products, use or other matters concerning the parcel or premises on
which the sign is located.
SIGN, DIRECTIONAL
Signs limited to directional messages, principally for pedestrian
traffic, such as "one-way," "entrance" and "exit."
SIGN, GROUND
Any sign erected, constructed or maintained for the purpose
of displaying outdoor advertising by means of posters, pictures, pictorial
or reading matter, when such a sign is supported by uprights or braces,
placed upon the ground and not attached to any part of a building.
SIGN, PORTABLE
A sign that is not permanently affixed to a building, structure
or the ground and that is displayed during business hours only. Such
sign may be a freestanding A-frame, easel-mounted or temporary hanging
sign.
[Added 10-16-2001 by Ord. No. O:2001-20]
SIGN, PROGRAMMABLE ELECTRONIC
A sign capable of displaying words, symbols, figures, or
images that can be electronically or mechanically changed by remote
or automatic means. The elements may be internally illuminated or
may be illuminated by reflected light, including but not limited to
light-emitting diodes (LED) or incandescent. The sign may be part
of a permanent sign that is not a programmable electronic sign. A
programmable electronic sign is considered a primary sign and may
be either freestanding or building mounted. The term "programmable
electronic sign" shall also include digital signs, electronic signs,
electronic message centers, electronic reader boards and electronic
variable message boards.
[Added 5-7-2013 by Ord.
No. O:2013-08]
SIGN, PROJECTING
A sign which is attached directly to the building wall and
which extends more than 15 inches from the face of the wall.
SIGN, TEMPORARY
A portable sign constructed of cloth, canvas, fabric, drywood
or other light material and designed and intended to be displayed
for a short period of time, for a special event or reason, located
on the property related to the event, and less than 100 square feet
in area.
SIGN, WALL
Any sign or poster on any surface or plane that may be painted
or affixed to the front, rear or side wall, surface or window of any
building and not extending over 15 inches therefrom.
SIGN, WINDOW
Any permanent or temporary sign that may be painted or affixed
to the windows of any building.
[Added 10-16-2001 by Ord. No. O:2001-20]
SMALL BUSINESS
A commercial use carried on entirely within a structure which
is not used as a residential dwelling. In addition to the proprietor,
there shall be no more than one additional employee on the premises
at any given time.
SOUND LEVEL
The sound pressure level measured in decibels with a sound
level meter set for A-weighing; "sound level" is expressed in dBa.
STORAGE WAREHOUSE (NONPUBLIC)
Any warehouse or storage building designed, arranged or intended
as an accessory use by a single business establishment, but not necessarily
located on the same parcel of land with said business establishment.
STORE, RETAIL
A building or part thereof in which or from which merchandise
or services are furnished directly to the public.
STORE, WHOLESALE DISPLAY
A building or part thereof where merchandise is displayed
for sale and sold at wholesale but where no goods, wares, merchandise
or material are warehoused.
STORY
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
be no floor above it, then the space between the floor and the ceiling
next above it and including those basements used for the principal
use.
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 chapter;
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
or Zoning 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.
For the purpose of this chapter, Town-owned "streets" shall be classified
as follows:
(1)
COLLECTORS, MAJORStreets which carry traffic that is intracounty or intramunicipal in nature. Such streets connect minor collectors with arterials and highways.
(2)
COLLECTORS, MINORStreets which provide service to and within subdivisions. Such streets connect the local streets with the major collectors or other minor collectors and may provide vehicular and pedestrian access to abutting properties.
(3)
LOCAL STREETSStreets which provide vehicular and pedestrian access to abutting properties. Such streets connect with minor collectors.
(4)
ALLEYA minor way which is used primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.
STREET LINE
The lines that form the boundaries of a street.
STRUCTURAL ALTERATIONS
Any change in either the supporting members of a building,
such as bearing walls, columns, beams or girders, or in the utility
system or mechanical equipment of a structure which materially alters
its usability, capacity or function or in the dimensions or configurations
of the roof or exterior walls.
STRUCTURE
A combination of materials to form a construction for occupancy,
use or ornamentation, whether installed on, above or below the surface
of a parcel of land or water.
SWIMMING POOL (OUTDOOR)
A water-filled enclosure, permanently constructed or portable,
having a depth of more than 18 inches below the level of the surrounding
land, or an above-surface pool, having a depth of more than 30 inches,
designed, used and maintained for swimming and bathing.
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 by one or more common fire resistant walls without
inner-connecting doors and generally so planned that each unit can
be sold on a separate parcel of land.
TRAILER
A structure standing on wheels, towed or hauled by another
vehicle and used for short-term human occupancy, carrying materials,
goods or objects, or as a temporary office.
USE
The purpose or activity for which land or a building thereon
is designed, arranged or intended or for which it is or may be occupied
or maintained.
YARD
An open space, as may be required by these regulations, which
open space lies between the principal building or group of buildings
and the nearest lot line and is unoccupied and unobstructed from the
ground upward except as herein permitted.
YARD, FRONT
A space extending across the full width of the lot and lying
between the front or street line of the lot and the nearest wall or
part of the building on the lot. The depth of the front yard shall
be measured at right angles to the front line of the lot. Setback
shall be measured from the right-of-way.
YARD, REAR
A space extending across the full width of the lot and lying
between the rear line of the lot and the nearest wall or part of the
building on the lot. The depth of a rear yard shall be measured at
right angles to the rear of the lot in the same manner as specified
herein for the measurement of lot depth.
YARD, SIDE
An open, unoccupied space between the side line of the lot
and the nearest wall or part of the building and extending from the
front yard to the rear yard or, in the absence of either of such yards,
to the front or rear lot lines, as the case may be. The width of a
side yard shall be measured at right angles to the side line of the
lot.
ZONING BOARD
The officially constituted body, commonly referred to as
the "Board of Adjustment" and established under the ordinance of the
Town of Phillipsburg pursuant to the Municipal Land Use Act.
ZONING OFFICER
The duly constituted municipal official designated to administer
and enforce the Zoning Ordinance of the Town of Phillipsburg and to
issue zoning permits.
ZONING PERMIT
A document signed by the Zoning Officer which is required
by ordinance 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 municipal Zoning Ordinance or variance therefrom duly authorized
by the Planning Board or Board of Adjustment.