As used in this chapter, the following terms shall have the
meanings indicated:
ACCESSORY BUILDING
A detached subordinate building, the use of which is appropriate, subordinate and customarily incidental to that of the main building or principal use of the land and which is located on the same lot with the main building or principal use. (See Article
XIV, §
270-106.)
ACCESSORY STRUCTURE
A separate structure that is customarily subordinate and
incidental to the principal structure or use located on the same lot.
[Added 3-22-2016 by Ord.
No. 103-16]
ACCESSORY USE
The use of a building, lot or portion thereof, which use
is customarily incidental and subordinate to the principal use of
the main building or lot.
AGED PARENTS TEMPORARY HOUSING
A temporary apartment or separate dwelling in a normally restricted zone to house only the parents of the resident owner(s) of said property. See §
270-152.
[Added 10-23-2012 by Ord. No. 106-12]
AGRICULTURAL or HORTICULTURAL
Any parcel of land three acres or larger in size upon which
the principal pursuit for gain is the raising of agricultural or horticultural
products.
ALLEY
A right-of-way, other than a street, designed or suitable
for vehicular travel, providing access to the lot it reaches, either
by the public or private parties, and not located entirely on one
lot.
ALTERATION, STRUCTURAL
A.
Any change in the supporting members of a building, such as
bearing walls, columns, beams or girders, except such change as may
be required for safety, or any substantial change in the roof or in
the exterior walls, not including, however, changes in doors or windows
or alterations which affect primarily the appearance and not the life
of the structure.
B.
Any addition to a building, any change in the use from that
of one zoning classification to another, or moving a building from
one site, location or position to another.
APARTMENT DEVELOPMENT
A use comprised of a building or buildings commonly called
"garden apartments" on a lot.
APARTMENT DWELLING
One of a group of not exceeding four dwellings in one building
in which two or more dwellings share a common hall or passageway to
the outside.
APPLICANT
The application shall be executed by both the owner of the
property and if applicable by the developer if other than the owner.
The owner of the property is deemed to be the co-applicant and is
bound by all requirements of the ordinance or any approval including,
but not limited to, the decommissioning plan.
[Added 3-27-2012 by Ord. No. 103-12]
AUTOMOBILE AND GASOLINE SERVICE STATION
Any premises used for supplying gasoline and oil, tires,
accessories and services for automobiles at retail direct to the motorist
consumer, including the making of minor repairs, but not including
major repairs or:
B.
Body, fender and frame repairs or automobile wrecking.
C.
Complete recapping or retreading of tires. (See Article
XIX, §
270-148B.)
AUTOMOBILE AND/OR TRAILER SALES AREA
An open area, other than a street or way, used for the display, sale or rental of new or used automobiles or trailers and where minor and incidental repair work (other than body and fender) may be done. (See Article
XIX, §
270-148A.)
AUTOMOBILE WRECKING
The dismantling or wrecking of used automobiles or trailers
or the storage, sale or dumping of dismantled, partially dismantled,
obsolete or wrecked vehicles or their parts.
BASEMENT
For purposes of this chapter, with reference to occupancy
or use and to regulate the height and bulk of buildings, 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, which shall not be considered a story and habitable. If
the ceiling height averages more than four feet above such grade and
has a clear height of seven feet or more, such portion shall be considered
a story and habitable.
BOARDING- OR ROOMING HOUSE
A building or portion thereof, other than a hotel, containing
not more than one dwelling unit, where meals and/or lodging are provided
for three or more persons in addition to the family unit, for a valuable
consideration.
BUFFER STRIP or SCREEN
A combination of lawn and a landscape screen of densely planted (or having equivalent natural growth) evergreen shrubs or trees at least four feet high at the time of planting of a type that will form a year-round dense screen at least six feet high, which shall be maintained in good condition at all times. Where required in the district regulations, a screen shall be installed along or within the lines of a lot as a protection to adjoining or nearby lots. (See Article
XIV, §
270-118.)
BUILDING
A structure having a roof supported by columns, posts or
walls, for the housing or enclosure of persons, animals, or property
of any kind, including tents, lunch wagons, trailers, camper vehicles
or mobile homes or other structures on wheels or 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.
BUILDING, HEIGHT OF
The total number of stories in a building and the vertical
distance measured from the average elevation of the finished lot grade
at the front of the building to the highest point of the roof adjacent
to the street wall for flat roofs, to the deckline of mansard roofs,
and to the mean height between eaves and ridges for gable or hip or
gambrel or pent roofs.
BUILDING LINE
A.
FRONTA line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.
B.
SIDEA line parallel to the side line at a distance therefrom equal to the depth of the side yard required for the district in which the lot is located.
C.
REARA line parallel to the front building line at a distance from the rear lot line equal to the depth of the rear yard required for the district in which the lot is located.
CANNABIS CULTIVATOR
Any person or entity holding a Class 1 cannabis cultivator
license issued by the State of New Jersey that grows, cultivates,
or produces cannabis in the State of New Jersey, and sells, and may
transport, this cannabis to other cannabis cultivators, or usable
cannabis to cannabis manufacturers, cannabis wholesalers, or cannabis
retailers, but not to consumers.
[Added 7-22-2021 by Ord.
No. 104-21]
CANNABIS DELIVERY
The transportation of cannabis items and related supplies
to a consumer. "Cannabis delivery" also includes the use by a licensed
cannabis retailer of any third-party technology platform to receive,
process, and fulfill orders by consumers, which third party shall
not be required to be a licensed cannabis establishment, distributor,
or delivery service, provided that any physical acts in connection
with fulfilling the order and delivery shall be accomplished by a
certified cannabis handler performing work for or on behalf of the
licensed cannabis retailer, which includes a certified cannabis handler
employed or otherwise working on behalf of a cannabis delivery service
making off-premises deliveries of consumer purchases fulfilled by
that cannabis retailer.
[Added 7-22-2021 by Ord.
No. 104-21]
CANNABIS DELIVERY SERVICE
Any person or entity holding a Class 6 cannabis delivery
license issued by the State of New Jersey that provides courier services
for consumer purchases of cannabis items and related supplies fulfilled
by a cannabis retailer in order to make deliveries of the cannabis
items and related supplies to that consumer, and which services include
the ability of a consumer to purchase the cannabis items directly
through the cannabis delivery service, which after presenting the
purchase order to the cannabis retailer for fulfillment, is delivered
to that consumer.
[Added 7-22-2021 by Ord.
No. 104-21]
CANNABIS DISTRIBUTOR
Any person or entity holding a Class 4 cannabis distributor
license issued by the State of New Jersey that transports cannabis
in bulk intrastate from one licensed cannabis cultivator to another
licensed cannabis cultivator, or transports 40 cannabis items in bulk
intrastate from any one class of licensed cannabis establishment to
another class of licensed cannabis establishment, and may engage in
the temporary storage of cannabis or cannabis items as necessary to
carry out transportation activities.
[Added 7-22-2021 by Ord.
No. 104-21]
CANNABIS ESTABLISHMENT
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 7-22-2021 by Ord.
No. 104-21]
CANNABIS MANUFACTURER
Any person or entity holding a Class 2 cannabis manufacturer
license issued by the State of New Jersey, that processes cannabis
items in this state by purchasing or otherwise obtaining usable cannabis,
manufacturing, preparing, and packaging cannabis items, and selling,
and optionally transporting, these items to other cannabis manufacturers,
cannabis wholesalers, or cannabis retailers, but not to consumers.
[Added 7-22-2021 by Ord.
No. 104-21]
CANNABIS RETAILER
Any person or entity holding a Class 5 cannabis license issued
by the State of New Jersey that purchases or otherwise obtains usable
cannabis from cannabis cultivator and cannabis items from cannabis
manufacturers or cannabis wholesalers, and sells these to consumers
from a retail store, and may use a cannabis delivery service or a
certified cannabis handler for the off-premises delivery of cannabis
items and related supplies to consumers. A cannabis retailer shall
also accept consumer purchases to be fulfilled from its retail store
that are presented by a cannabis delivery service which will be delivered
by the cannabis delivery service to that consumer.
[Added 7-22-2021 by Ord.
No. 104-21]
CANNABIS WHOLESALER
Any person or entity holding a Class 3 cannabis wholesaler
license issued by the State of New Jersey that purchases or otherwise
obtains, stores, sells or otherwise transfers, and may transport,
cannabis items for the purpose of resale or other transfer to either
another cannabis wholesaler or to a cannabis retailer, but not to
consumers.
[Added 7-22-2021 by Ord.
No. 104-21]
CARPORT
Any structure or portion of a building or structure other
than an attached or detached garage used for the shelter of self-propelled
vehicles and shall be considered as part of the main building.
CERTIFICATE OF OCCUPANCY
A permit issued by State Code Enforcement to indicate that,
after construction of a building, or use in an existing building has
been changed, the purpose for which the building was constructed meets
the requirements of this chapter, of the site plan provisions established
by the Planning Board, or of other boards or agencies which have the
authority to establish standards of use or construction or other requirements.
[Amended 7-19-2001 by Ord. No. 105-01]
CHURCH OR SIMILAR PLACE OF WORSHIP
One or more of the following: church, manse, house, temple,
synagogue, rectory, convent, parish or similar building incidental
to the particular use; school for religious education, convents, teachers,
communicants and domestic or maintenance employees, but not including
business offices (except an administrative office incidental to the
operation of the particular use), rescue missions or the occasional
use for religious purposes of properties not regularly so used.
CLUBHOUSE
A building or portion thereof or premises owned or operated
by a corporation, association, person or persons for civic, social,
cultural, religious, literary, political, educational or recreational
purposes, but not primarily for profit or to render a service which
is customarily carried on as a business, but not including shooting
clubs, operated for the benefit of its members and not open to the
general public.
CONDITIONAL USE
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 this chapter and upon the issuance of an authorization
therefor by the Planning Board.
[Added 9-8-1998 by Ord. No. 105-98]
COURT
An open, unoccupied and unobstructed space on a lot, other
than a yard, street or way, bounded by two or more sides of a building,
including similar areas fully open to the sky but not necessarily
beginning at the ground level.
A.
OUTER COURTOne which opens for its full width into a yard or a street. The depth of an outer court is the greatest horizontal dimension, measured at right angles from the yard or street upon which such court opens, to the face of the opposite building or wall. The width of the outer court is its least horizontal dimension measured at right angles to its depth.
B.
INNER COURT Any court other than an outer court, including a court completely surrounded by building walls and an interior lot line. The width of an inner court is its least horizontal dimension between opposite walls, measured at right angles to its longest side. The depth of an inner court is its greatest horizontal dimension measured parallel to its longest side.
COVERAGE
Ground area covered by buildings.
DELICATESSEN or DELI
A type of retail store where, as either a primary or as a
secondary use, prepared food may be sold over the counter for immediate
consumption and having seating for not more than four persons. For
purposes of this definition, the number of persons for whom seating
is provided shall be determined by the number of seats or chairs,
with nonpartitioned or nonindividualized seating, such as benches,
being calculated as one seat for each 28 inches of available space.
[Added 10-10-2000 by Ord. No. 105-00]
DRIVEWAY
A private strip of land, generally graded, intended for use
as a means of vehicular or pedestrian access to an individual lot.
[Added 12-19-1991 by Ord. No. 317-91]
DUMP
A lot or part thereof used primarily for the disposal by
abandonment, dumping, burial, burning or any other means and for whatever
purpose of garbage, sewage, trash, refuse, junk, discarded machinery,
vehicles, or parts thereof, or waste materials of any kind.
DUST-FREE SURFACE
A surface adequately covered with concrete, bituminous products,
or surface-treated macadam properly drained and maintained in good
condition at all times.
DWELLING
A building or portion thereof designed for and used exclusively
for residential occupancy, including one-family, two-family, and multiple-family
dwellings, and not including apartment hotels, hospital hotels, boardinghouses,
multiple homes, residential clubs, rooming houses, tourist courts,
trailers, mobile homes and the like.
DWELLING, DUPLEX
A two-family dwelling with one dwelling unit above the other,
having a single front entrance or one front and one side entrance
on the first floor level, and in general having the exterior appearance
of a one-family dwelling, provided that an enclosed stairway may give
direct access to the second floor level.
DWELLING, MULTIPLE-FAMILY
A building or portion thereof used or designed as a residence
for three or more dwelling units, but not including automobile courts,
motels, or former single-family dwellings converted for occupancy
by not more than four families as permitted herein.
DWELLING, ONE-FAMILY
A detached building containing only one dwelling unit for
the exclusive use by one family.
DWELLING, SEMIDETACHED
A dwelling designed for occupancy by one family and being
one of two dwelling units under the same roof, separated by a party
wall and having separate exits and entrances and no interior connection,
the combined units being commonly known as a "double house."
DWELLING, TWO-FAMILY
A building containing only two noncommunicating dwelling
units, each for the exclusive use by one family and each with its
own separate exterior entrance door.
DWELLING UNIT
One or more living or sleeping rooms with cooking and sanitary
facilities for one person or one family.
FAMILY
One or more persons customarily living together as a single
housekeeping unit, as distinguished from a group occupying a boardinghouse,
lodging house or hotel.
FAMILY RESTAURANT
A public eating facility where patrons are first seated at
tables, booths or counters, after which food ordered by the patrons
is served by waiters or waitresses at such tables, booths or counters.
The term "family restaurant" does not include fast-food restaurants
as otherwise defined in this section.
[Added 10-10-2000 by Ord. No. 105-00]
FAST-FOOD RESTAURANT
A commercial establishment where food and drink prepared
for immediate consumption are purchased at a counter or a drive-in
window and eaten either on the premises, in the purchaser's automobile
or off the premises. Restaurants where food is consumed only at tables
on the premises and is served either cafeteria style or by waiters
and waitresses shall not be deemed fast-food restaurants.
[Added 10-10-2000 by Ord. No. 105-00]
FLOOR AREA
The sum of the areas of the several floors of a building
measured from the outside face of the exterior walls or from center
lines separating two buildings. In particular, floor area includes
but is not limited to the following:
[Added 12-19-1991 by Ord. No. 317-91]
A.
Basement space if it meets the requirements of a building story.
B.
Elevator shafts, stairwells, and attic space (whether or not
a floor has been laid) providing structural headroom of 7 1/2
feet or more, and including only such floor area under a sloping ceiling
for which the headroom is not less than 5 1/2 feet and only if
at least 75% of such floor area has a ceiling height of not less than
7 1/2 feet.
C.
Roofed terraces, exterior balconies, breezeways, decks or porches,
provided that over 50% of these is enclosed.
D.
Any other floor space used for dwelling purposes, no matter
where located within the building.
E.
Accessory buildings, excluding space used for off-street parking
or loading berths.
F.
Any other floor space not specifically excluded, excluding space
used for air-conditioning machinery or cooling towers and similar
mechanical equipment serving the building and cellar space.
FLOOR AREA RATIO
The sum of the area of all floors of buildings or structures
(as defined in the definition of "floor area" above) compared to the
total area of the site, i.e., floor area/site area.
[Added 12-19-1991 by Ord. No. 317-91; amended 10-13-1992 by Ord. No.
409-92]
FRONTAGE
The portion of a lot extending along a street line. (See Article
XIV, §
270-107.)
GARAGE, PRIVATE
A detached accessory building or portion of a main building
for the parking or temporary storage of automobiles of occupants of
the main building and wherein not more than one space is rented to
persons not residents of the lot or not more than one commercial vehicle
not to exceed three tons' rated capacity.
GARAGE, PUBLIC
A building used for the care, repairing of or equipping of
vehicles, or where such vehicles are parked or stored for remuneration
or hire, which may be under public or private ownership or operation.
GARAGE, STORAGE
Any premises except those described above used exclusively
for the storage of self-propelled vehicles.
GRADE, ESTABLISHED
The elevation of the center line of streets as officially
established by the Borough, county or state authorities.
GRADE, FINISHED
The complete surfaces of lawns, walks and roads brought to
grades as shown on official plans or designs related thereto.
GROUND-MOUNTED SOLAR ARRAY
A solar energy system, as defined herein, that is mounted
on armatures anchored to the ground with ground cover beneath.
[Added 3-27-2012 by Ord. No. 103-12]
HABITABLE ROOM
A room or other enclosed floor space located in a basement,
as defined by the definition of "basement," first or upper story of
a dwelling, arranged for living, recreation, eating or sleeping purposes.
HIGH CUBE WAREHOUSING DISTRIBUTION CENTER
A large building commonly constructed using steel-framed
and/or other concrete tilt-up techniques with a minimum gross floor
area of 200,000 square feet and a ceiling height of 32 feet or more.
High cube centers are highly automated, with sophisticated racking
and forklift retrieval systems designed to reduce human labor while
dramatically increasing vertical storage capacity (i.e., project density),
loading, and unloading speeds. The resultant efficiencies translate
to more trucks moving a much greater number of products onto roadways.
[Added 11-28-2023 by Ord. No. 106-23]
HOME OCCUPATION
Any occupation carried on as a subordinate use on a residential
lot by a member of the family residing on the premises of the same
lot.
IMPERVIOUS COVERAGE
The area of a lot, in relation to the whole, covered by any
material placed or to be placed on the property which reduces or prevents
absorption of stormwater. For purposes of this definition, swimming
pools, detention basins and retention basins are not to be included
within any calculation of impervious coverage.
[Added 10-10-2000 by Ord. No. 105-00]
INDUSTRIAL/OFFICE PARK
A total tract comprehensively planned, designed and approved
for industrial/office uses, whether or not the buildings are erected
in one development stage or over a period of time, but where the streets,
utilities and lots and/or tenants' parcels are set forth on a plan
for the entire tract prior to construction of any portion of the tract.
[Added 10-23-2012 by Ord. No. 106-12]
JUNKYARD
Any land or premises, with or without buildings, used for
the deposit, collection or storage of salvageable materials or used
or discarded things, whether or not in connection with the dismantling,
processing, salvage, sale or other use or disposition thereof, and
for the purposes of this definition the deposit or storage on any
lot of two or more wrecked or inoperative vehicles or parts thereof
for one month or more shall be deemed to be a junkyard. (Also see
"dump.")
LANDSCAPING
The placing of attractive trees, shrubs, plants, natural
lawns, and decorative stones or rock gardens.
[Added 10-10-1995 by Ord. No. 706-95]
LARGE FULFILLMENT DISTRIBUTION CENTER
A large format regional fulfillment facility having a minimum
gross floor area from 150,000 square feet to more than 500,000 square
feet. Fulfillment distribution centers may be dedicated to e-commerce
supply chains that pick and pack incoming orders (i.e., items/parcels)
from shelves for individual delivery in order to "fulfill" individual
online orders. They can include short-term storage of goods and have
a high level of throughput because products are received, picked,
packed, placed in kits, labeled, and delivered directly to the customer's
address. The buildings would include cross docking functions, whereby
palletized freight is moved across the distribution center to another
truck to complete the rest of its journey. These centers may also
have little or no storage function due to perishable goods being shipped
and may require refrigeration or heated areas. Fabrication functions,
such as sorting and packaging, may also occur on site. Break-bulk
functions may also occur in these types of facilities, whereby palletized
freight or boxed goods are completely broken down so that a customer
can receive a smaller quantity to their exact specifications.
[Added 11-28-2023 by Ord. No. 106-23]
LAST-MILE FULFILLMENT CENTER
A fulfillment center/facility or station that primarily serves
local markets. Typically, these centers are between 3,000 square feet
to more than 150,000 square feet. Last-mile fulfillment centers provide
the final leg of delivery rather than a literal measurement of distance.
They serve either individual consumers (for online shopping) or the
retail stores they shop at (for traditional retail). Last-mile delivery
hubs may be smaller compared to distribution centers, but truck and
van trips are higher, as are the parking requirements necessary to
accommodate hundreds of employees, delivery vans, and trucks, which
requires larger areas for parking and impervious coverage.
[Added 11-28-2023 by Ord. No. 106-23]
LOADING FACILITY
An off-street space or berth abutting upon a street or other appropriate means of access intended for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials. (See Article
XVII.)
LOT
A parcel of land shown on a subdivision map or a record survey
map, or a parcel described by metes and bounds, or a building site
in one ownership, occupied or proposed for occupancy by one or more
main and accessory buildings, and including the open spaces required
by this chapter.
LOT AREA
The total area within the lot lines of a lot, expressed in
terms of square feet or acres. Any portion of a lot in a street or
alley, existing or proposed, shall be included in calculating lot
area.
LOT, CORNER
A parcel of land at the junction of and fronting on two or
more intersecting streets.
LOT COVERAGE
The amount of a lot stated in terms of percentage that is
covered by all buildings and/or structures located thereon. This shall
be deemed to include all buildings, porches, arbors, breezeways, patio
roofs and the like, whether open, box-type and/or lath roofs or fully
roofed, but shall not be deemed to include fences, walls or hedges
used as fences.
LOT DEPTH
The average distance between the front and rear lot lines
measured in the mean direction of the side lot lines.
LOT LINE
A line separating a lot from an adjoining lot or a street,
except where part of the lot lies within the street, in which case
the lot line shall be the street line.
LOT LINE, FRONT
In the case of an interior lot, a line separating the lot
from the street, and in the case of a corner lot, a line separating
the narrowest street frontage of the lot from the street, except where
part of the lot lies within the street line, in which case the front
lot line shall be the street line.
LOT LINE, REAR
A lot line which is opposite and most distant from the front
lot line, and in the case of an irregular-shaped lot, the line which
is most nearly parallel to and at the greatest average distance from
the street line.
LOT LINE, SIDE
Any lot boundary line not a front lot line or a rear lot
line.
LOT WIDTH
The distance between the side lot lines measured at right
angles to the lot depth at a point which constitutes the rear line
of the required front yard space.
MAJOR DISTRIBUTION CENTER
A large-scale regional and/or interstate distribution facility
typically having a minimum gross floor area from 500,000 to more than
1,500,000 square feet. These centers act as a transit hub for large
quantities of bulk goods that do not require finishing or individual
packing, as they are temporarily stored on palettes before being shipped.
[Added 11-28-2023 by Ord. No. 106-23]
MINOR SOLAR ENERGY SYSTEM
A solar energy system, as defined herein, that is used to
generate electricity, has a nameplate capacity of 100 kilowatts or
less, and which is intended to offset part or all of the beneficiary's
requirements for on-site energy consumption, but not to exceed 110%
production.
[Added 3-27-2012 by Ord. No. 103-12]
MINOR WIND ENERGY SYSTEM
A wind energy system, as defined herein, that is used to
generate electricity, has a nameplate capacity of 100 kilowatts or
less, and which is intended to offset part or all of the beneficiary's
requirements for on-site energy consumption, not to exceed 110% production.
[Added 3-27-2012 by Ord. No. 103-12]
MOBILE HOME
Any portable or mobile vehicle used or designed to be used
for living purposes and with its wheels, rollers or skids in place.
MOTEL, AUTO COURT, MOTOR LODGE or TOURIST COURT
One or more structures designed for the renting of sleeping
room to transient guests, chiefly motorists, and so laid out that
there is a direct and immediate access from a parked automobile to
the rooms, and access to the rooms is not restricted to passage by
a single control desk or lobby.
NONCONFORMING LOT
A lot, the size, dimension or location of which does not
or ceases to conform to the requirements of the district in which
it is located by reason of adoption, revision, or amendment of a zoning
ordinance.
NONCONFORMING STRUCTURE
A building, structure or sign, the size, dimension or location
of which does not or ceases to conform to the requirements of the
district in which it is located by reason of adoption, revision or
amendment of a zoning ordinance.
NONCONFORMING USE
A building, structure, lot or sign, the use of which does not or ceases to conform to the requirements of the district in which it is located by reason of adoption, revision or amendment of a zoning ordinance. As used in this chapter, "nonconforming use" includes a nonconforming structure, lot or activity. (See Article
XVI.)
NURSERY SCHOOL
A school designed to provide care or instruction for two
or more children up to six years of age inclusive and operated on
a regular basis. Children enrolled are not necessarily in need of
supplemental parental care.
OFF-STREET PARKING SPACE
A space in a parking garage or parking area not less than
200 square feet, 10 feet wide and 20 feet long, reserved for the parking
of only one automobile. This space is exclusive of driveways, passageways
and ramps.
[Amended 10-23-2012 by Ord. No. 106-12]
110% PRODUCTION
That an energy system produces up to 110% of the energy that
the principal use consumes on average in a year, a requirement that
is one component of a "minor" system.
[Added 3-27-2012 by Ord. No. 103-12]
OPEN SPACE
Any space or area characterized by great natural scenic beauty
or whose existing openness, natural condition or present state of
use, if retained, would enhance the present or potential value of
abutting or surrounding urban development or would maintain or enhance
the conservation of natural or scenic resources. "Open space" includes
areas of historic significance.
PARKING AREA
An area other than a street used for the parking of motor
vehicles.
PORCH
A roofed open structure projecting from the front, side or
rear wall of a building and having no enclosed features of glass,
wood or other material except screening more than 30 inches above
the floor thereof, except the necessary columns to support the roof.
[Added 10-10-2000 by Ord. No. 105-00]
POST (FENCE OR WALL)
A piece of wood, metal, or other material which is partially
buried or otherwise supported to or in the earth. A post is used to
support a gate or the latch therefor; it may also be used to support
one end of a section of fencing.
[Added 2-14-1995 by Ord. No. 702-95]
PREMISES
The land, buildings and all other facilities situated upon
a lot.
PRINCIPAL USE
The main use for which a building or lot is to be used, not
incidental or subordinate to another use on the same lot.
[Amended 10-23-2012 by Ord. No. 106-12]
PROFESSIONAL OFFICE
The office of a recognized profession, including architects,
artists, authors, dentists, doctors or physicians, landscape architects,
lawyers, ministers, musicians, optometrists, professional engineers,
and such other similar professional occupations which may be so designated
by the Planning Board upon finding by such Board that such occupation
is truly professional in character by virtue of the need of similar
training, and especially as a condition for the practice thereof.
The issuance of a state or local license for regulation of any gainful
occupation need not be deemed indicative of professional standing.
(Also see "home occupation.")
PROPERTY OWNER
The person owning fee title or the person in whose name the
legal title to the property appears by deed duly recorded in the office
of the County Clerk of Hunterdon County or the person in possession
of the property or buildings under claim of or exercising act of ownership
over the same for himself or as the executor, administrator or guardian
of the property.
PUBLIC VIEW
Visible from any public thoroughfare, public lands or buildings
or navigable waterways.
[Added 7-19-2001 by Ord. No. 105-01]
RETAIL STORE
A land or premises or part thereof in which or from which
a service or product is rendered or sold directly to the public.
[Added 10-10-2000 by Ord. No. 105-00]
ROOFTOP SOLAR ARRAY
A solar energy system, as defined herein, that is mounted
to the roof of a building or structure.
[Added 3-27-2012 by Ord. No. 103-12]
SCREEN
See "buffer strip or screen."
SEARCH AREA
That geographic area (which may or may not extend beyond
municipal boundary lines) within which additional wireless telecommunications
facilities are required to provide reliable and adequate coverage
consistent with the licensing requirements of the Federal Communications
Commission (FCC).
[Added 7-19-2001 by Ord. No. 105-01]
SHOPPING CENTER
A group of commercial establishments planned, constructed,
and managed as a unit with customer and employee off-street parking,
truck loading and unloading facilities, landscaping, pedestrian walkways,
utilities and sanitary facilities provided on the property. The integrated
development, planned as an architectural unit, shall be related in
location, size and type of shops to the trade area which the unit
serves and may include such uses as retail stores and shops, personal
service establishments, professional and business offices, banks,
post offices, gasoline service stations, restaurants, theaters and
auditoriums housed in an enclosed building or buildings.
SIGN
Any structure or part thereof, or any device, attached to
a building or painted or represented thereon, or otherwise, which
shall display or include any word, model, flag, insignia, device or
representation which is in the nature of or which is used as an announcement,
direction, or advertisement for commercial purposes or otherwise.
"Sign" includes a billboard and also a neon tube, string of lights
or similar device outlining or hung upon any part of a building or
lot but does not include the flag or insignia of any nation or group
of nations or of any government agency or of any political, educational,
charitable, philanthropic, civic, professional, religious or line
campaign, drive, movement or event.
SIGN AREA
The area within the shortest line that can be drawn around
the outside perimeter of the face of a sign, including all decoration,
spaces between open-type letters and figures, background structure
or other decoration or addition which is an integral part of the sign,
but excluding supports, if any. In computing sign area, the area of
all faces of a sign shall be counted, and any neon tube, string of
incandescent lights or similar devices shall be considered as having
a minimum dimension of three inches.
SIGN, BUSINESS
A sign which directs attention to a business, commodity,
service, entertainment, or attraction conducted, sold, or offered
upon the same lot where such sign is displayed. A "for sale" or "to
let" sign related to the lot on which it is displayed shall be deemed
to be a business sign.
SIGN, DIRECTIONAL
A sign with sign area of not over two square feet indicating
the direction or route to an establishment.
SIGN, WALL AREA
The area of a building wall fronting on a street including
windows and doors.
SITE PLAN
A plan of a lot or subdivision on which is shown topography location of all buildings, structures, roads, rights-of-way boundaries and all essential dimensions and bearings and other information deemed essential to the Planning Board. (See Article
IV.)
SOLAR ENERGY SYSTEM
A solar energy system and all associated equipment which
converts solar energy into a usable electrical energy, heats water
or produces hot air or other similar function through the use of solar
panels.
[Added 3-27-2012 by Ord. No. 103-12]
SOLAR PANELS
A structure containing one or more receptive cells, the purpose
of which is to convert solar energy into usable electrical energy
by way of a solar energy system.
[Added 3-27-2012 by Ord. No. 103-12]
STORY
That portion of a building included between the surface of
any floor and the surface of the next floor above it with a clear
headroom of seven feet in the basement, seven feet six inches in the
first story, and seven feet four inches in upper stories; however,
in apartments, all upper stories shall have a clear headroom of seven
feet six inches or more, whether finished or not. If the ceiling or
underside of supporting members is less than four feet above average
grade surrounding any space, that space shall not be considered a
story nor counted as floor area.
STORY, HALF
A story under a gable, hip, or gambrel roof, the wall plates
of which, on at least two opposite exterior walls, are not more than
two feet above the floor of such story.
STREET
Any public thoroughfare designed or suitable for vehicular
traffic, to the limits of the street line, provided that said thoroughfare
is an existing state, county or Borough street or highway, a street
shown upon a plat approved by the Planning Board pursuant to the provisions
of this chapter and for which a performance guarantee has been posted,
or a street shown upon a plat duly filed in the Hunterdon County Clerk's
office prior to the adoption of this chapter and which shall have
been suitably improved to the satisfaction of the Borough Council.
STREET GRADE
The officially established grade of the street upon which
a lot fronts.
STREET LINE
The dividing line between the lot and the street or the street
right-of-way line running across a lot where the lot extends into
the street. On a street or highway shown on an approved plat map,
the street line shall be considered to be the proposed right-of-way
for this street.
STRUCTURE
Anything constructed or erected, the use of which requires,
directly or indirectly, a permanent location on the land.
STRUCTURE, HEIGHT OF (OTHER THAN A BUILDING)
The vertical distance measured from the curb level to the
highest point of the structure. (For height of building see "building,
height of.")
[Amended 10-23-2012 by Ord. No. 106-12]
SWIMMING POOL, PRIVATE
Any private pool either permanently constructed or the portable
type 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 or bathing
purposes by an individual for the use of the members of his household
and guests and located on a lot as an accessory use to a residence
and shall include all buildings, structures, and equipment appurtenant
thereto. No private swimming pool shall be permitted to be installed
without provision for a minimum five-foot side yard and rear yard
setback from the property line.
[Amended 10-10-2000 by Ord. No. 105-00; 10-23-2012 by Ord. No.
106-12]
TAX MAP SCALE DRAWING
A drawing to be submitted at the time of minor subdivision
application or final major subdivision application which must include
the date, name of subdivision, scale, written and graphic, reference
meridian, all lot lines with bearings and distances, right-of-way
lines of streets, street names, easements and other rights-of-way,
area of each lot in acres, and block and lot numbers. The drawing
shall be drawn at the same scale as shown on the appropriate tax map
sheet for that particular block and lot. (Refer to the tax map record
drawings at the Municipal Building or the Municipal Engineer's office.)
[Added 5-10-1994 by Ord. No. 606-94]
THEATER, MOTION-PICTURE
A building or part of a building devoted to the showing of
motion pictures on a paid admission basis.
USE
The specific purposes for which land or a building is designed,
arranged, or intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use. (Also see "principal use.")
VARIANCE
A modification of the provisions of this chapter granted
by the Planning Board or the Borough Council under the provisions
of law.
WAREHOUSE
A building used for storing goods and materials in inventory
for periods of time and releasing them on demand. Warehouses also
include multitenant facilities that are usually rented through leases.
[Added 11-28-2023 by Ord. No. 106-23]
WIND ENERGY SYSTEM
A wind turbine and all associated equipment, including any
base, blade, foundation, nacelle, rotor, tower, transformer, vane,
wire, inverter, batteries or other component necessary to fully utilize
the wind generator.
[Added 3-27-2012 by Ord. No. 103-12]
WIND TURBINE
Equipment that converts energy from the wind into electricity.
This term includes base, blade, foundation, nacelle, rotor, blades,
tower, transformer, vane, wire, inverter, batteries or other components
to store and/or transfer energy.
[Added 3-27-2012 by Ord. No. 103-12]
WIRELESS TELECOMMUNICATIONS ANTENNA
A system of electrical conductors that transmit or receive
radio frequency signals, digital signals, analog signals, or electromagnetic
waves for wireless communications.
[Added 7-19-2001 by Ord. No. 105-01]
WIRELESS TELECOMMUNICATIONS STRUCTURES, ANTENNAS, EQUIPMENT
AND/OR TOWERS
Buildings and/or structures and equipment for the delivery
of wireless telecommunications, except for satellite dish antennas,
which may be regulated under other sections of the ordinances of the
Borough of Bloomsbury. For purposes of this definition, wireless telecommunications
structures, antennas, equipment and/or towers may be collectively
referred to herein as "wireless telecommunications facilities." This
definition shall not include any tower, or the installation of any
antenna, that is under 70 feet in height and is owned and operated
by a federally licensed amateur radio station operator or is used
exclusively for receive-only antennas.
[Added 7-19-2001 by Ord. No. 105-01]
YARD
An open space on a lot, other than a court, unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter. (See Article
XIV, §
270-108.)
YARD, FRONT
A yard extending across the full width of the lot and into
which space there shall be no extension of building parts other than
steps, eaves and cornices.
YARD, REAR
A yard extending across the full width of the lot between
the most rear main building and rear lot line.
YARD, SIDE
A yard between a main building and the side lot line extending
from the front yard to the rear yard.
ZONING MAP
The map annexed to and made a part of this chapter.
ZONING PERMIT
A permit stating that the purpose for which a building, structure or land is to be used is in conformity with the uses permitted and all other requirements under this chapter for the zone in which it is located or is to be located. (See Article
II, §
270-7.)