This chapter shall be known as the "1983 Final
Zoning Ordinance of the Borough of Harrington Park."
A.
For the purpose of this chapter, certain words or
terms used herein shall be interpreted or defined as follows: the
word "person" includes a corporation as well as an individual; words
used in the present tense include the future, and the plural includes
the singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; the word "shall" is intended to be
mandatory; and "occupied" or "used" shall be considered as though
followed by the words "or intended, arranged or designed to be used
or occupied."
B.
Whenever in the administration of this chapter it
shall be necessary or desirable to define a term that has not hereinbefore
been defined, reference shall be made to the definition (if any) of
such term in:
As used in this chapter, the following terms
shall have the meanings indicated:
When used in reference to signs, the giving or attempting
or intending to give of any notice or information or any activity
which gives or attempts to give or intends to give notice, information
or warning.
[Added 4-18-2011 by Ord.
No. 658]
Any action which changes or modifies, in a perceptible manner,
any aspect of development which is regulated by this chapter. "Alteration"
means the result of any such action.
[Added 4-18-2011 by Ord.
No. 658]
Any change in the size or height of a building or change
in its position on the lot or any change in the supporting members
of a building, such as exterior walls, bearing walls or partitions,
columns, beams or girders. Wherever the word "alter" or "alteration"
appears, it shall be deemed to be a structural alteration, as defined
in this definition.
One or more dwelling rooms, with private bath and kitchen
facilities, comprising an independent self-contained dwelling unit
in a larger building.
[Added 4-18-2011 by Ord.
No. 658]
The maximum horizontal projected area of the building and
its accessories. Roofed-over porches or similar extensions of a building
shall be considered parts of the building. Any eave or similar projection
in excess of four inches shall be considered as part of the building
for the computation of side yards and land coverage.
The total area within the lot lines, excluding external streets.
The area within a line drawn around the surface of a sign,
including all decorations, but excluding any supports, whether decorative
or not, and in computing sign area, the area of all surfaces used
or employed or designed for use as a sign for sign purposes shall
be included and totaled.
[Added 4-18-2011 by Ord.
No. 658]
The open, nonhabitable space between the ceiling beams of
the top habitable story and the roof rafters in any building.
[Added 4-18-2011 by Ord.
No. 658]
A retractable roof-like cover made of fabric over a frame,
which projects from the wall of a building, the purposes for which
may include the shielding of a doorway, window or sidewalk from the
elements and the display of signs.
[Added 4-18-2011 by Ord.
No. 658]
An interior space or a portion of an interior space having
a floor level at least three feet below the average elevation of the
finished ground level at the foundation wall of the structure in which
it is contained.
[Added 4-18-2011 by Ord.
No. 658]
That area reserved primarily for sleeping, wherein are located
beds/sleeping sofa apparatus, with a door, screen or partition separating
the sleeping area from other areas of the house.
[Added 1-27-1997 by Ord. No. 492]
A lot or lots completely bounded by streets or by streets
and streams or Borough boundary lines.
A rectangular area on a lot, located and having dimensions
as specified by the zone district regulations, and encompassing as
much as possible of the principal building and above-grade structures
attached to the principal building. In the case of a substandard lot
having a rectangular area with dimensions less than required, the
usable area shall be construed to be the largest rectangular area
having dimensions less than or equal to the required dimensions and
encompassing as much as possible of the principal building and above-grade
structures attached to the principal building.
[Added 4-18-2011 by Ord.
No. 658]
A combination of materials to form a construction adapted
to permanent, temporary or continuous occupancy and having a roof.
[Added 4-18-2011 by Ord.
No. 658]
A building subordinate to the principal building on a lot,
the use of which is customarily incidental to the use of the principal
building. "Accessory building" shall not include any structure lacking
a permanent foundation [except as set forth in "structure, accessory
(residential districts)"], including but not limited to shipping containers,
trailers or offices, truck bodies (with or without wheels or carriages)
or other constructions used for temporary or permanent storage or
habitation.
[Amended 5-16-1988 by Ord. No. 400; 6-23-2004 by Ord. No. 566]
That portion of a lot within which a principal building is
permitted to be located by law. The building envelope excludes the
minimum front, side and rear yards required by the zoning regulations
as well as wetlands, approved wetland transition areas, floodways,
utility easements, access easements, conservation easements and all
other areas within which buildings are prohibited.
[Added 4-18-2011 by Ord.
No. 658]
The vertical distance between the average elevation of the
natural grade of the lot adjacent to the perimeter of the foundation
of the building and the elevation of the highest point of a building.
The average elevation of a lot shall be determined by averaging the
natural grade adjacent to the perimeter of the building at points
10 feet apart starting at the lowest elevation. Natural grade shall
be the grade as determined prior to movement of any soil or the demolition
of any existing structures. Chimneys, antennas and similar appurtenances
shall not be considered the highest point of a building unless they
extend greater than four feet above the highest point of a building,
in which event they shall be considered the highest point of a building.
[Amended 5-16-1988 by Ord. No. 403; 5-15-2006 by Ord. No.
602]
A nonretractable roof-like cover made of rigid building materials
and which projects from the wall of a building, the purpose of which
may include the shielding of a doorway, window or sidewalk from the
elements. In the case of a gasoline service station, "canopy" is a
roof-like cover that is supported by one or more columns or stanchions,
does not have any side walls and is used primarily to shield the pumps
from the elements.
[Added 4-18-2011 by Ord.
No. 658]
A certificate stating that the continued occupancy of an
existing building or structure may occur.
[Added 4-18-2011 by Ord.
No. 658]
A certificate stating that all work has been completed in
accordance with the requirements of this chapter and the Uniform Construction
Code and that the building or structure may be occupied or used.
[Added 4-18-2011 by Ord.
No. 658]
Any use which substantially differs from the previous use
of a building or land. A change of use does not necessarily involve
modifications to existing improvements or construction of new improvements.
[Added 4-18-2011 by Ord.
No. 658]
The bed and banks of a watercourse which convey the normal
flow of the stream.
[Added 4-18-2011 by Ord.
No. 658]
Any facility which is maintained for the care, development
or supervision of six or more children who attend the facility for
fewer than 24 hours a day and which is licensed as a child-care center
by the Department of Human Services. This term shall not include any
of those facilities or uses which are not included within the definition
of "child-care center" contained in the Child Care Center Licensing
Act (N.J.S.A. 30:5B-1 to 30:5B-15).
[Added 4-18-2011 by Ord.
No. 658]
Any of the following:
[Added 4-18-2011 by Ord.
No. 658]
A community residence for persons with head injuries, which
is a community residential facility licensed pursuant to P.L. 1977,
c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal
guidance, under such supervision as required, to not more than 15
persons with head injuries, who require assistance, temporarily or
permanently, in order to live in the community, and shall include,
but not be limited to, group homes, halfway houses, supervised apartment
living arrangements and hostels.
A community residence for the developmentally disabled, which
is any community residential facility licensed pursuant to P.L. 1977,
c. 448 (N.J.S.A. 30:11B-1 et seq.), providing food, shelter and personal
guidance, under such supervision as required, to not more than 15
developmentally disabled or mentally ill persons, who require assistance,
temporarily or permanently, in order to live in the community, and
shall include, but not be limited to, group homes, halfway houses,
intermediate care facilities, supervised apartment living arrangements
and hostels.
A community residence for the terminally ill, which is any community
residential facility operated as a hospice program, providing food,
shelter, personal guidance and health care services, under such supervision
as required, to no more than 15 terminally ill persons.
A community shelter for victims of domestic violence, which
is any shelter approved for a purchase of service contract and certified
pursuant to standards and procedures established by regulation of
the Department of Human Services, providing food, shelter, medical
care, legal assistance, personal guidance and other services to not
more than 15 persons who have been victims of domestic violence, including
any children of such victims, who temporarily require shelter and
assistance in order to protect their physical or psychological welfare.
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 location or operation of such use as
contained in this chapter and upon the issuance of an authorization
therefor by the Planning Board.
[Added 5-16-1988 by Ord. No. 401]
The combined area of all buildings and other above-grade
structures on a lot, including but not limited to porches, decks,
balconies and cantilevered parts of the building at any level, but
excluding, however, cornices, eaves and other structures which are
specifically excluded by this chapter.
[Added 4-18-2011 by Ord.
No. 658]
The coverage by buildings and other above-grade structures
on a lot as defined by this chapter, plus the coverage of any other
structures, including but not limited to driveways, sidewalks, patios,
decks, swimming pools, tennis courts, parking areas and other paved
areas, whether constructed of asphalt, concrete, brick, stone, gravel
or other paving materials, but excluding structures, or portions of
structures, that are located below the surface of the ground and which
are not visible from above the surface of the ground. (Thus, subsurface
structures such as dry wells, underground tanks, etc., are typically
excluded from such coverage, whereas swimming pools, which may be
located below the surface of the ground, but which are visible from
above the surface of the ground, are not excluded.) This definition
is intended to include all man-made features except vegetation, organic
mulch, soil (including soil retained by retaining walls) and structures
that may be specifically excluded by this chapter.
[Added 4-18-2011 by Ord.
No. 658]
Calendar days.
[Added 4-18-2011 by Ord.
No. 658]
The permitted number of dwelling units per gross area of
land to be developed.
[Added 4-18-2011 by Ord.
No. 658]
See "zoning district" below.
[Added 4-18-2011 by Ord.
No. 658]
Any building which is wholly or partly used or intended to
be used for living or sleeping quarters by human occupants.
Any room or groups of rooms located within a building and
forming a single habitable unit with facilities which are used or
are intended to be used by one family for living, sleeping, cooking
and eating.
An encumbrance or grant of an estate in lands, distinct from
ownership, to use in some way the land of another.
[Added 4-18-2011 by Ord.
No. 658]
To build, construct, attach, hang, place, suspend or affix,
and shall include the painting of wall signs.
[Added 4-18-2011 by Ord.
No. 658]
Any number of individuals living privately together as a
single housekeeping unit and using certain rooms and cooking facilities
in common, but not including the residents of a boardinghouse or dormitory
serving more than five paying guests.
The private residence of a family day-care provider which
is registered as a family day-care home pursuant to the Family Day
Care Provider Registration Act, P.L. 1987, c. 27 (N.J.S.A. 30:5B-16
et seq.), and 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, not including children legally related to
the provider or being cared for as part of a cooperative agreement
between parents for the care of their children where no payment for
the care is being provided.
[Added 4-18-2011 by Ord.
No. 658]
Any establishment whose principal business is the sale of
foods, frozen desserts or beverages to the customer in a ready-to-consume
state for consumption either within the restaurant building or for
carry-out with consumption off the premises and whose principal method
of operation includes the following characteristic: foods, frozen
desserts or beverages are usually served in edible containers or in
paper, plastic or other disposable containers.
[Added 4-18-2011 by Ord.
No. 658]
An artificially constructed freestanding barrier, typically
constructed of wood, wire, metal, vinyl or other materials and typically
erected for the enclosure and/or screening of areas of land.
[Added 4-18-2011 by Ord.
No. 658]
Buildings or premises or a portion thereof arranged, intended
or designed to be used for the sale of gasoline or other motor fuel.
The sum of the gross horizontal areas of the several floors
of a building, excluding garages, cellar, basement floor areas not
devoted to residential use, breezeways, porches and terraces. All
dimensions should be measured between exterior faces of walls.
In the case of residential uses in residential zones, the
habitable floor area of the building(s) divided by the total area
of the site, expressed as a percentage. In the case of any use in
the nonresidential zones or nonresidential use in the residential
zones, the gross floor area of all buildings which are enclosed by
an exterior wall divided by the total area of the site, expressed
as a percentage.
[Added 4-18-2011 by Ord.
No. 658]
An artificially constructed freestanding barrier, typically
of heavier-duty construction than a fence, typically constructed of
wood, stone, brick, concrete or other masonry materials, often containing
a footing and/or foundation, and typically erected for the enclosure
and/or screening of areas of land.
[Added 4-18-2011 by Ord.
No. 658]
An enclosed space for the storage of one or more motor vehicles.
Any garage which is not a private garage and which is used
for storage, repair, or servicing of motor vehicles, but not including
detailing or washing of motor vehicles, or supplying of gasoline or
oil to motor vehicles.
[Amended 4-18-2011 by Ord. No. 658]
A building situated on one lot which contains separate dwelling
units for more than two families, and which contains no more than
two stories, and in which individual dwelling units may be located
above one another. Garden apartments may also provide access to dwelling
units from a common entrance and utilize shared parking, utilities
and open space.
[Added 4-18-2011 by Ord.
No. 658]
See "garage, public."
[Added 4-18-2011 by Ord.
No. 658]
A reference plane representing the average of finished ground
level adjoining the building at all exterior walls. When the finished
ground level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, when the lot line is more than six
feet (1,829 millimeters) from the building, between the building and
a point six feet (1,829 millimeters) from the building.
[Added 5-16-1988 by Ord. No. 403]
The sum of the horizontal area or areas of each story or
half story of all principal and accessory buildings on a site, measured
from the exterior face of the exterior walls of such buildings. "Gross
building area" shall not include basements, areas not enclosed by
walls, screening, windows, etc., and areas having a vertical dimension
of less than seven feet between the floor (or if there is no floor,
then the joists) and the bottom of the roof structure. "Gross building
area" shall include but not necessarily be limited to the following:
[Added 4-18-2011 by Ord.
No. 658]
The horizontal area of habitable and nonhabitable floor area.
The horizontal area of interior and exterior walls.
The horizontal area of the portion of attics or other similar
areas below the roof having a vertical dimension of at least seven
feet between the floor (or if there is no floor, then the joists)
and the bottom of the roof structure.
The horizontal area of all stairs and stairwells on each floor.
The gross building area shall be calculated as the area of stairs
and stairwells times the number of stories through which the stairs
and stairwells project.
The horizontal area of spaces that project through two or more
stories. The gross building area shall be calculated as the area of
the space times the number of stories through which the space projects.
The horizontal area of enclosed porches, decks and similar features
enclosed by screening, windows or similar enclosures.
The horizontal area of attached garages, storage rooms and similar
areas.
The aggregate area of all floors in a building enclosed by
an exterior wall and measured from the exterior face of exterior walls
or from the center line of walls separating two buildings, excluding
any space where the floor-to-ceiling height is less than six feet,
and excluding basements and cellars, attics, garages and other interior
parking and loading space used by motor vehicles. Notwithstanding
the above, if any part of the area of an attic, basement or cellar
in a building or any part of a garage shall be devoted to a principal
use, including but not limited to a dwelling unit, display space,
sales space, work areas, food preparation and service areas, offices,
meeting rooms, drafting rooms or facilities, waiting rooms, laboratories
or patient treatment or therapy facilities, such part or area shall
be included in the computation of gross floor area. This shall not
be construed to include within the calculation of gross floor area
the use of such areas for storage and similar support functions.
[Added 4-18-2011 by Ord.
No. 658]
The area of that portion of a building or structure designed,
intended and furnished for year-round human occupancy measured on
each floor from the inside face of exterior walls or from the center
line of walls separating two buildings, and including but not limited
to interior walls and stairwells. "Habitable floor area" shall not
include attic spaces, basements or cellars, open porches, breezeways
and garages.
[Added 4-18-2011 by Ord.
No. 658]
An occupation which:
[Amended 5-16-1988 by Ord. No. 402]
Is customarily carried on in a dwelling unit.
Is carried on by one or more members of the
family residing in the dwelling unit and constitutes, either entirely
or partly, the means of livelihood of such member or members.
Is clearly incidental and secondary to the primary
use of the dwelling unit for residential purposes.
A nonprofit or quasi-public use operated by nonprofit institutions
and limited to churches, public or private schools covering grades
kindergarten through 12 accredited by the State Department of Education,
and public utility buildings and structures. Specifically excluded
from this definition are hospitals and any land, structure or use
owned or operated by the Borough of Harrington Park.
[Added 4-18-2011 by Ord.
No. 658]
A setback line as required by this chapter or as shown on
maps approved by the Borough Council or Planning Board and filed in
the County Clerk's office.
The boundary of a lot which is along an existing or dedicated
public street.
A parcel of land, the location, dimensions and boundaries
of which are determined by the latest official record on the Borough
Assessment Map, and occupied or intended to be occupied by one building
or one unit group of buildings and its accessory buildings and uses,
and including such open spaces as are required by this chapter.
A parcel of land at the junction of and fronting on two or
more intersecting streets.
The percentage of lot area which is improved with principal
and accessory buildings, structures and uses, including but not limited
to tennis courts, garages, swimming pools, decks and other related
building appurtenances.
[Added 5-16-1988 by Ord. No. 402]
The distance between the front and rear lot lines measured
perpendicularly to the front building line along the axis of the lot.
That portion of a lot which is contiguous with a street right-of-way.
In the case of a through lot, the lot frontage shall be considered
that frontage upon which the majority of the buildings in the same
block front, provided that in case there has been no clearly defined
frontage established, the owner may, when applying for a building
permit, specify on his permit application which lot line shall be
considered the lot frontage. A corner lot shall be deemed to have
frontage on any abutting street.
[Added 4-18-2011 by Ord.
No. 658]
A lot fronting on one street only.
The lot line separating a lot from a street right-of-way.
On corner lots, all lot lines separating a lot from a street right-of-way
are front lot lines.
[Amended 4-18-2011 by Ord. No. 658]
The lot line opposite and most distant from the front lot
line. On corner lots, the rear lot line shall be that line opposite
and most distant from the shortest front lot line.
[Amended 4-18-2011 by Ord. No. 658]
Any lot line other than a front or rear lot line. On corner
lots, the side lot line shall be that lot line which is opposite and
most distant from the longest front lot line.
[Amended 4-18-2011 by Ord. No. 658]
A lot having frontage on two parallel or approximately parallel
streets.
The distance between the side lines of the lot measured at
the setback line.
A permanent roof-like cover made of rigid building materials
constructed as an integral part of the building and which extends
from the building over an entrance or sidewalk, the purposes of which
may include the shielding of a doorway, window or sidewalk from the
elements and the display of signs or other messages.
[Added 4-18-2011 by Ord.
No. 658]
A dwelling unit, factory-built and factory-assembled, designed
for conveyance after fabrication on streets and highways on its own
wheels or on flatbed or other trailers and arriving at the site where
it is to be occupied as a dwelling unit complete and ready for occupancy,
except for minor and incidental unpacking and assembly operations,
such as locating on jacks or other foundation or connection to utilities.
A prefabricated home or structure shall not be included in this definition.
Any motorized means of conveyance of persons or property,
including but not limited to those vehicles covered by N.J.S.A. 39:1-1
et seq.
[Added 4-18-2011 by Ord.
No. 658]
Any dwelling containing three or more dwelling units.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of the zoning regulations
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.
[Added 4-18-2011 by Ord.
No. 658]
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of the zoning
regulations 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.
[Added 4-18-2011 by Ord.
No. 658]
A structure or land lawfully occupied by a use that does
not conform to the regulations of the district in which it is situated.
The residing of a person or persons in a dwelling unit overnight
or the installation, storage or use of equipment, merchandise or machinery
in any commercial, residential, public or industrial building. Excluded
from the definition is the use of any construction equipment or machinery
not considered part of the building or the storage of product, merchandise,
raw material or other personal property or the use of a structure
by those engaged in its construction.
[Added 4-18-2011 by Ord.
No. 658]
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, provided that such
areas may be improved with only those buildings, structures, streets
and off-street parking and other improvements that are designed to
be incidental to the natural openness of the land.
[Added 4-18-2011 by Ord.
No. 658]
Any eating establishment where food and other refreshments
are served or consumed outside the interior of the eating establishment
on private property or upon the public right-of-way, namely, the sidewalks
immediately in front of any restaurant, cafe, cafeteria or place of
business where food and/or other refreshments are served or consumed
or where permitted on private property pursuant to this chapter.
[Added 4-18-2011 by Ord.
No. 658]
An open area, other than a street or other public way, used
for the parking of motor vehicles, including parking spaces and adjacent
service aisles, but not including access drives from a public thoroughfare.
[Added 4-18-2011 by Ord.
No. 658]
A building or structure or a piece or tract of land or real
estate, vacant or otherwise.
[Added 4-18-2011 by Ord.
No. 658]
A building in which is conducted the principal use of the
site on which it is located.
[Added 5-16-1988 by Ord. No. 398; amended 6-23-2004 by Ord. No. 566]
The primary or predominant use of any lot. A principal structure
is one devoted to the principal use.
[Added 4-18-2011 by Ord.
No. 658]
The office of a recognized profession, such as that of a
physician, certified public accountant, osteopath, dentist, surgeon,
architect, professional licensed engineer, optometrist, podiatrist,
chiropractor, attorney and other professions requiring similar amounts
of education or training.
Telephone and electric lines, poles, equipment and structures,
water or gas pipes, mains, valves or structures or sewer pipes, valves
or structures maintained, operated and conducted for the service,
convenience, necessity, health and welfare of the general public,
whether owned by any arm or creature of the local, state or federal
government or by any privately owned public utility corporation.
[Added 4-18-2011 by Ord.
No. 658]
A system comprising structures which, operating alone or
with other structures, results in the enclosure, derivation, conveyance,
transmission or distribution of water for potable or domestic purposes
to consumers in 20 or more dwellings or properties.
[Added 4-18-2011 by Ord.
No. 658]
Any apparatus which is designed for the purpose of receiving
television, radio, microwave, satellite or similar signals, with the
exception of conventional television antennas. No satellite antenna
apparatus which is designed for sending signals is allowed in any
residential district.
[Added 12-17-1984 by Ord. No. 349]
A person 55 years or older.
A dwelling unit which shall be occupied by a family, all
of the members of which are senior citizens, except that if the household
consists of married persons, then one spouse must be a senior citizen.
In no event may any person residing in senior citizen housing be less
than 18 years of age, except that an offspring of a senior citizen
who is born after said senior citizen has become a resident of the
senior citizen dwelling unit may reside with his or her parents in
the senior citizen dwelling unit.
See "line, building."
Any inscription written, printed, painted or otherwise placed
or attached on a board, plate, wall, window, banner upon any material
object, or any device whatsoever, which, by reason of its form, color,
wording, activity, design, or otherwise, attracts attention to itself
as a means of identification, advertisement, or announcement. As used
herein, the term shall apply only to signs which are outdoors or are
visible from outdoors.
[Amended 7-31-1989 by Ord. No. 417; 7-20-1998 by Ord. No. 512]
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold, or offered elsewhere than
on the premises where the sign is displayed. This definition includes
billboards.
[Added 7-31-1989 by Ord. No. 417; amended 7-20-1998 by Ord. No. 512]
A sign intended to make known to the public the nature of
a business, commodity, service, or entertainment and/or the name of
the proprietor of the business conducted at the premises on which
the sign is located.
[Added 7-31-1989 by Ord. No. 417; amended 7-20-1998 by Ord. No. 512]
A temporary sign erected by the builder, architect, or developer
and/or engineer on the construction site during the course of building
or developing operations.
[Added 7-31-1989 by Ord. No. 417; amended 7-20-1998 by Ord. No. 512]
The placement of any vehicle, boat, trailer, machine, equipment
or material upon the particular premises or property on a regular
or recurring basis.
[Added 4-18-2011 by Ord.
No. 658]
That portion of a building included between the surface of
any floor and the surface of the floor next above it or, if there
is no floor above it, then the space between any floor and the ceiling
next above it. A basement shall be considered to be a story where
the finished surface of the floor above the basement meets any one
of the following:
[Amended 2-19-2008 by Ord. No. 624[1]]
A space under a sloping roof that has the line of intersection
of the roof decking and wall face not more than three feet above the
top floor level and in which space the possible floor area with a
headroom of five feet or less occupies at least 40% of the total floor
area of the story directly beneath.
[Added 2-19-2008 by Ord. No. 624]
A road, avenue, street, lane or other way set aside for common
street purposes.
The officially established or existing grade of the street
in front of the midpoint of a lot.
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.
[Added 5-16-1988 by Ord. No. 398]
A combination of materials to form a construction for use
or ornamentation, whether installed on, above or below the surface
of a parcel of land, including but not limited to a private swimming
pool, tennis court or heating, ventilating and air-conditioning equipment,
the primary use of which is to service the dwelling located on the
subject premises. Sheds without permanent foundations and not exceeding
100 square feet shall be permitted accessory structures in all residential
districts but such structures must be located in the rear of the yard
and must comply with all minimum side and rear yard dimensions applicable
to the zone in which located.
[Added 5-16-1988 by Ord. No. 400; amended 6-23-2004 by Ord. No. 566]
Structures of an insignificant nature, not intended for occupancy
and not constituting a separate use, normally incidental to uses on
a site, including sidewalks, driveways, mailboxes, light posts, signs,
walls, fences, flower boxes or planters, ornamental decorations, and
utility services. In residential zones, such structures may also include
swing sets, swimming pools and basketball backboards. Such structures
shall be subject to any specific provisions of this chapter intended
to regulate them. Unless otherwise regulated by provisions of this
chapter, such structures may be placed in any required yard area.
[Added 6-23-2004 by Ord. No. 566]
Any structure other than incidental structures and accessory structures (residential districts) lacking a permanent foundation, located upon any lot and used for storage of any kind or duration or for human habitation. Prohibited structures include, but are not limited to, shipping containers, trailers, construction trailers or offices, storage boxes or units, except as authorized by § 248-9 of this Code, and truck bodies, with or without wheels, unless part of an operational motor vehicle lawfully on site and which is located on the site for an intermittent basis and not for the purpose of storage. During a period of construction on site a container, the sole purpose of which is collection of debris for removal from the site, shall be permitted as long as a valid construction or demolition permit is in effect.
[Added 6-23-2004 by Ord. No. 566; amended 11-20-2017 by Ord. No.
719]
A use incidental to the principal use of a building. In buildings
restricted to residence use, professional offices, home occupations
and workshops not conducted for compensation shall be deemed accessory
uses.
A use which is for or pertains to the advancement of municipal
purposes in which the Borough is either the owner of this subject
property or the applicant for the use.
[Added 10-19-1998 by Ord. No. 513]
See "nonconforming use."
Any opening in the exterior wall or roof of any structure
for the purpose of admitting air or light, whether or not covered
with glass, plastic or other coverings.
[Added 4-18-2011 by Ord.
No. 658]
An open, unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the front
lot line and the front line of the building projected to the side
lines of the lot. The depth of the front yard shall be measured between
the nearest part of the building and the front lot line.
An open, unoccupied space (except for permitted accessory
buildings) on the same lot with a main building, extending the full
width of the lot and situated between the rear lot line and the nearest
part of the building projected to the side lines of the lot.
An open, unoccupied space on the same lot with a main building,
situated between the side line of the lot and the parts of a building
nearest thereto and extending through from the front to the rear yard.
An area delineated by this chapter within which uniform regulations
and requirements govern the use, placement, spacing and size of land
and buildings.
[Added 4-18-2011 by Ord.
No. 658]
A document signed by the administrative 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 this chapter or variance therefrom, duly authorized by a municipal
agency pursuant to N.J.S.A. 40:55D-60 and 40:55D-70.
[Added 3-19-2007 by Ord. No. 611]
