Borough of Westville, NJ Article I Authority; Title; Definitions

§ 205-1 Statutory authority.

There shall be established in the Borough of Westville, pursuant to the provisions of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), a Land Use Ordinance of the Borough of Westville.

§ 205-2 Title.

This chapter shall be known as the "Land Use Ordinance of the Borough of Westville."

§ 205-3 Definitions and word usage. [1]

A. For the purpose of this chapter, unless the context clearly indicates a different meaning, certain terms are defined as follows:

APARTMENT

A housekeeping unit other than a single-family dwelling, designed for and occupied exclusively as a residence for one family.

APARTMENT BUILDING

A building on a lot, designed and occupied exclusively as a residence for two or more families.

APPLICANT

A developer submitting an application for development.

APPLICATION FOR DEVELOPMENT

The application form and all accompanying documents required by ordinance for approval of a conditional use or zoning variance.

BOARDINGHOUSE

A dwelling in which meals and not more than three rental rooms are provided.

BUILDING

(1) DETACHED BUILDING A building which has no party wall.

(2) ATTACHED BUILDING A building which has two party walls in common with adjacent buildings.

BUILDING AREA

The aggregate of the maximum horizontal cross-section areas, excluding cornices, eaves, gutters, porches and steps, of all buildings on a lot.

BUILDING LINE

The line parallel to the street line at a distance therefrom equal to the depth of the required front yard.

CIRCULATION

Systems, structures and physical improvements for the movement of people, goods, water, air, sewage or power by such means as streets, highways, railways, waterways, towers, pipes and conduits, and the handling of people and goods by such means as terminals, stations, warehouses and other storage buildings or transshipment points.

COMMON FACILITIES

The facilities shall include but shall not be limited to facilities for the common use of two or more dwelling units, such as roads, sidewalks, swimming pools, playgrounds, trees, greens, fairways and parking areas.

CONDITIONAL USE

A use permitted in a particular zone 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 this chapter and upon the issuance of an authorization therefor by the Land Use Board.

CONVENTIONAL

Development other than planned development.

CUSTOMARY HOME OCCUPATION

An occupation conducted for gain by a resident within a residential dwelling unit, which occupation is clearly incidental and secondary to the use of the property for residential purposes, and where there is no outdoor storage associated with the home occupation and the maximum number on nonresident employees is one. Home occupations permit a maximum of one client or customer on the premises at one time and do not include retail sales. Customary home occupations are governed in accordance with § 205-54.

DEVELOPER

The legal or beneficial owner or owners of a lot or any land proposed to be included in a proposed development, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land.

DEVELOPMENT

The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure and 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 this chapter.

DEVELOPMENT REGULATION

A zoning regulation of the use and development of land.

DRAINAGE

The removal of surface water or groundwater from land by drains, grading or other means, and includes control of runoff to minimize erosion and sedimentation during and after construction or development, and the means necessary for water supply preservation or prevention or alleviation of flooding.

DWELLING

(1) SINGLE-FAMILY DWELLING A building on a lot, designed and occupied exclusively as a residence for one family.

(2) TWO-FAMILY DWELLING A building on a lot, designed and occupied exclusively as a residence for two families, divided by a party wall either side of which could be individually owned and occupied.

EROSION

The detachment and movement of soil or rock fragments by water, wind, ice and gravity.

FAMILY

One or more individuals not necessarily related by blood, marriage, adoption or guardianship, living together as a single voluntary nonprofit housekeeping unit, living together as a long-term and stable living unit, being a traditional family unit or the functional equivalent thereof.

GOVERNING BODY

The Mayor and Council of the Borough of Westville.

HOTEL, HOTEL/CONFERENCE CENTER, MOTEL or TOURIST HOME

A building or buildings consisting of meeting facilities and a minimum of five individual sleeping units designed for transient travelers and not for permanent residency, except that up to 3% of the total units may be provided for the sole use of resident employees.

HOUSEKEEPING UNIT

A group of rooms primarily designed for the occupancy of one family and containing at least one bathroom and one kitchen for the private use of one family.

INTERESTED PARTY

In a criminal or quasi-criminal proceeding, any citizen of the State of New Jersey; and 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 Borough, whose right to use, acquire or enjoy property under this chapter or under any other law of the State of New Jersey or of the United States has been denied, violated or infringed by an action or a failure to act under this chapter.

LOT

A designated parcel, tract or area of land established by a plat or otherwise as permitted by law and to be used, developed or built upon as a unit.

LOT

As used in Articles V through XVI, a parcel of land on which a main building and any accessory buildings are or may be placed, together with the required open spaces. The area of a lot which abuts a street shall be measured to the property line only. At least one entire side of the lot must front on a finished street.

LOT, CORNER

A lot or parcel of land abutting two or more streets at their intersection. On corner lots both street frontages are front yards, and of the remaining two yards, one is a side yard and one is a rear yard.

MAINTENANCE GUARANTY

Any security, other than cash, which may be accepted by the Borough for the maintenance of any improvements required by this chapter.

MASTER PLAN

A composite of one or more written or graphic proposals for the development of the municipality as set forth in and adopted pursuant to P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.).

MUNICIPAL AGENCY

The Land Use Board and the Mayor and Council of the Borough of Westville.

NONCONFORMING BUILDING OR USE

As used in Articles V through XVI, A building or a use of land or of a building existing at the effective date of this chapter which does not conform with the requirements of this chapter.

NONCONFORMING LOT

A lot, the area, dimension or location of which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

NONCONFORMING USE

A use or activity which was lawful prior to the adoption, revision or amendment of a zoning ordinance, but which fails to conform to the requirements of the zoning district in which it is located by reason of such adoption, revision or amendment.

OFF-TRACT

Not located on the property which is the subject of a development application nor on a contiguous portion of a street or right-of-way.

ON-TRACT

Located on the property which is the subject of a development application or on a contiguous portion of a street or right-of-way.

OPEN SPACE

Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

OWNER

Any individual, firm, association, syndicate, copartnership or corporation having sufficient proprietary interest in the land sought to be developed to commence and maintain proceedings to develop the same under this chapter.

PARKING SPACE

An open space or a garage, on a lot, used for parking motor vehicles, the area of which is not less than 200 square feet and to which there is access from a street.

PERSONAL SERVICES

Establishments primarily engaged in providing services involving the care of a person or his or her personal goods or apparel. Examples include beauty salons and barbershops, dry cleaners and shoe repair.

PRIVATE GARAGE

A garage or carport in which no business, service or industry connected with motor vehicles or otherwise is carried on, and which is not designed to contain more than three motor vehicles, and in which at least 2/3 of the space is used by the occupant or occupants of the premises of which the garage or carport is a part.

PROFESSIONAL OFFICE OR STUDIO

The office of a doctor, dentist, lawyer, engineer, architect or minister; or the studio of a teacher, musician, artist or other practitioner engaged in a profession of similar character to the foregoing. The issuance of a state or local license for any gainful occupation shall not be deemed indicative of such professional standing. A veterinarian shall not be deemed a practitioner under the terms of this definition.

PUBLIC GARAGE

A garage not included within the definition of a private garage.

QUORUM

The majority of the full authorized membership of a municipal agency.

ROOMING HOUSE

A dwelling in which not more than three rental rooms are provided.

SATELLITE DISH ANTENNA

A parabolic dish-shaped antenna designed to receive radio waves.

STREET

Any street, avenue, boulevard, road, lane, parkway, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action or a street or way on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a Planning Board and the grant to such Board of the power to review plats, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, sidewalks, parking areas and other areas within the street lines.

STRUCTURAL ALTERATION

Any change in or addition to the supporting members of a building or structure, such as bearing wall partitions, columns, beams or girders.

TRAILER OR MOBILE HOME

A unit constructed and designed to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.

TRANSCRIPT

A typed or printed verbatim recording of the proceedings or reproduction thereof.

VARIANCE

Permission to depart from the literal requirements of a zoning regulation.

YARDS

(1) FRONT YARD The required open space, extending along the street line throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.

(2) SIDE YARD The required open space, extending along the side line of the lot throughout the full depth of the lot, exclusive of overhanging eaves, gutters, cornices and steps.

(3) REAR YARD The required open space, extending along the rear line of the lot throughout the full width of the lot, exclusive of overhanging eaves, gutters, cornices and steps.

B. Terms not defined. Whenever a term is not defined in this chapter, it is intended to have the meaning set forth in P.L. 1975, c. 291 (N.J.S.A. 40:55D-1 et seq.), if defined therein. In the event of a conflict between the definition in this chapter and that contained in any statute, the definition in the statute shall apply.

C. Words used in the present tense include the future, the singular number includes the plural and the plural includes the singular. The term "used" shall include the words "arranged, designed or intended to be used or occupied." The word "building" shall include the word "structure."

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).