It shall be the purpose of this chapter to promote health, safety,
morals and general welfare, prevent overcrowding of land and buildings,
avoid undue concentration of population, and provide adequate light
and air, with reasonable consideration to the character of the zone
and its peculiar suitability for particular uses and with the objective
of conserving the value of property and encouraging the most appropriate
use of land throughout the Borough.
A.
The words used in the present tense include the future. The singular
number includes the plural, and the plural the singular; the word
"lot" includes the word "plot"; the word "building" includes the word
"structure"; the word "zone" includes the word "district"; the word
"occupied" includes the phrase "intended to be occupied"; the word
"used" includes the words "arranged" and "designed" and the phrase
"intended to be used"; and the word "shall" is always mandatory.[1]
B.
ACCESSORY USE OR BUILDING
ADULT COMMUNITY
APARTMENT UNIT
AREA, BUILDING
AVERAGE ALIGNMENT
BUFFER STRIP
BUILDING
CELLAR
COIN-OPERATED AMUSEMENT MACHINE OR DEVICE
COMMERCIAL
COMMERCIAL FARM
(1)
(2)
COMMON OPEN SPACE
CONTAINER
CONTOUR
CONVENTIONAL DEVELOPMENT
CONVENTIONAL LOT
CONVENTIONAL SUBDIVISION
DEVELOPMENT
DIRECT ACCESS
DWELLING
DWELLING UNIT
EXTENDED FAMILY DWELLING UNIT
FAMILY
FARM
FARM MANAGEMENT UNIT
FARM MARKET
FLAT
FLOOR AREA
GARAGE, PRIVATE
GARAGE, PUBLIC
GARDEN APARTMENT
GASOLINE STATION
GROSS DENSITY
GROSS USABLE AREA
GROSS VEHICLE WEIGHT (GVW)
HEIGHT OF BUILDING
INDUSTRIAL
IMPERVIOUS SURFACE
KENNEL
LOT
LOT CLUSTER
LOT CLUSTER SUBDIVISION
LOT, CORNER
LOT DEPTH
LOT FRONTAGE
LOT, INTERIOR
LOT LINE
LOT WIDTH
MOBILE HOME
MUNICIPAL AGENCY
NONCONFORMING LOT
OCCUPATION, HOME
OPEN SPACE
OPEN SPACE ORGANIZATION
OVERLAY ZONE
PARKING SPACE
PICK-YOUR-OWN OPERATION
PLANNED RESIDENTIAL DEVELOPER
PLANNED RESIDENTIAL DEVELOPMENT
PLANNING BOARD
PRIVILEGE PATIO
PROFESSIONAL OFFICE
RESIDENTIAL LOT CLUSTER DEVELOPMENT
SIGN
SIGN, AREA OF
SINGLE-FAMILY DWELLING
SITE PLAN
(1)
(2)
(3)
STORY
STREET
STREET LINE
SURFACE AREA
TERMINAL
TOWNHOUSE
TEMPORARY STORAGE STRUCTURE
TEMPORARY STORAGE STRUCTURE UNIT
TOWNHOUSE STRUCTURE
TRACTOR
TRAILER
TRANSPORTATION
TWO-FAMILY DWELLING
USE
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONE DISTRICT BOUNDARY
ZONING BOARD
ZONING MAP
ZONING PERMIT
As used in this chapter, the following terms shall have the meanings
indicated:
A subordinate use or building, the purpose of which is incidental
to that of the main use or building and on the same lot.
Any development established pursuant to Article X of this chapter.
A portion of a building designed and used exclusively as
a dwelling.
The total of areas of outside dimensions on a horizontal
plane at the main grade level of the principal building and all accessory
buildings, inclusive of unroofed extensions, porches, paved terraces
and steps attached or connected to the building.
A distance which is the total setback distance of all buildings
within 200 feet on each side of the lot and within the same block
and on the same side of the street, divided by the total number of
houses included within that distance.
An area of land along part or all of the boundary of a development
either landscaped or retained in its natural state so as to form a
living wall of vegetation, serving as a visual barrier between properties.
Any structure having a roof supported by columns, piers or
walls, including tents, lunch wagons, trailers, dining cars, camp
cars or other structures on wheels or other supports and any unroofed
platform, paved terrace or porch.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining finished grade,
or having less than four feet of clear height above the average level
of the adjoining finished grade.
Any coin-operated machine or device which, whether mechanical,
electrical or electronic, shall be ready for play by the insertion
of a coin and may be operated by the public for use as a game, entertainment
or amusement, the object of which is to achieve either a high or low
score, which by comparison to the score of other players, whether
playing concurrently or not, demonstrates relative skill or competence,
or indicates in any other way competitive advantage of one player
or team over another, regardless of skill competence. It shall include
devices such as marble machines, skill ball, pinball, mechanical grab
machines, the machines or contrivances commonly known as bagatelle,
baseball, hockey, football, pool table, target shooting, shuffle board,
or shuffle alley, bowling or any similar named device or any device
which utilizes an electron (TV) tube or reproduces symbolic figures
and lines intended to be representative of real games or activities,
but specifically excluded shall be any device, whether operated by
coin or not, which merely provides a ride, sensation, electronic reading
or weight for use by and to the amusement of the public.
An activity involving the sale of goods or services carried
out for profit.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
A farm management unit, as defined herein, of no less than five
acres producing agricultural or horticultural products worth $2,500
or more annually and satisfying the eligibility criteria for differential
property taxation pursuant to the Farmland Assessment Act of 1964,
N.J.S.A. 54:4-23.1 et seq.; or
A farm management unit, as defined herein, containing less than
five acres but producing agricultural or horticultural products worth
$50,000 or more annually and otherwise satisfying the eligibility
criteria for differential property taxation pursuant to the Farmland
Assessment Act of 1964, N.J.S.A. 54:4-23.1 et seq.
An open space area within or related to a site designated
as a development and designated and intended for the use, enjoyment
and ownership of residents and owners of the development.
A sealed, rigid, reusable metal box used to hold goods and
which requires transport by vessel, truck or rail.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
A line closes on itself and connects all points at the same
elevation relative to a known landmark.
Any development other than a lot cluster development or a
planned residential development.
Any lot other than a "lot cluster" lot.
Any other subdivision other than a "lot cluster" subdivision.
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, or of
any mining excavation or landfill, 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 P.L. 1975,
c. 291 (N.J.S.A. 40:55D-1 et seq.).
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
A vehicular connection between the public street servicing
a development and interior uses in the development, notably parking
areas, without passage across or through other streets or uses.
A building or portion thereof which is designed for or used
exclusively as the living quarters of one family or more families.
A room or series of connected rooms having a separate entrance
and containing living, cooking, sleeping and sanitary facilities for
one family.
A single-family house constructed or converted to permit two families related by blood or marriage to reside therein, subject to the further provisions of this chapter, including § 28-5.1B.
One or more persons living and cooking together in a nonprofit
dwelling unit, on a permanent basis, equivalent to that of a traditional
family unit. For purposes of this chapter, one or more persons living
together in a rooming house, boardinghouse or single room occupancy
unit, subject to the Rooming and Boarding House Act of 1979 (N.J.S.A.
55:13B-1 et seq.), shall not constitute a family.
Land consisting of two acres or more on which produce, crops
or flowers are grown primarily for off-premises consumption or use.
A parcel or parcels of land, whether contiguous or noncontiguous,
together with agricultural or horticultural buildings, structures
and facilities, producing agricultural or horticultural products and
operated as a single enterprise.
A facility used for the wholesale or retail marketing of
the agricultural output of a commercial farm, and products that contribute
to farm income, except that if a farm market is used for retail marketing
at least 51% of the annual gross sales of the retail farm market shall
be generated from sales of agricultural output of the commercial farm,
or at least 51% of the sales area of the farm market shall be devoted
to the sales of the agricultural output of the commercial farm, and
except that if a retail farm market is located on land less than five
acres in area, the land on which the farm market is located shall
produce annually agricultural or horticultural products worth at least
$2,500.[2]
A one-story apartment unit in buildings not to exceed 2 1/2
stories, provided that only two stories shall be occupied as living
area.
The total floor area of a dwelling measured by using the
outside dimension of the dwelling at each story. The floor area of
units sharing a common wall shall be measured from the center of interior
walls and the outside of the exterior wall. The floor area shall exclude
the areas of the garage, attic, porch or patio, cellar and all portions
of floor areas which have a ceiling height above them less than 7.5
feet.
An accessory building or part of a main building used only
for the storage of motor vehicles as an accessory use.
A building or part thereof, other than a private garage,
used for the storage, maintenance or repair of motor vehicles for
profit, including any sales of motor vehicle accessories, or where
any such vehicles are kept for hire.
A group of buildings designed as in integral whole for occupancy
by three or more families living in separate apartments independently
from each other.
Any area of land, including structures thereon, that is used
for the sale of gasoline or other motor vehicle fuel and oil and other
lubricating substances, including any sale of motor vehicle accessories,
and which may include facilities used or designed to be used for polishing,
greasing, washing, spraying, dry cleaning or otherwise cleaning or
servicing motor vehicles.
The number of dwelling units per acre of gross usable area,
including streets, easements and usable open space of a development.
Land area not including bodies of water, watercourses, floodways,
floodplains having an existing grade four feet or more below the base
flood elevation, steep slopes in excess of 15% gradient, or other
land reserved for public use.
The gross vehicle weight measured in pounds as classified
by the federal government for trucks. The gross vehicle weight includes
the weight of the vehicle plus the maximum carrying load permitted
by law.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point of the roof for flat roofs, to the deckline of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The manufacturing, packaging, storage, and distribution of
products, including warehousing, wholesaling, and shipping and receiving,
and scientific research development and training.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
Certain lot improvements impenetrable by water, including
but not limited to sidewalks, street pavement, driveways, patios and
buildings, expressed as a percentage, arrived at by dividing the area
of impervious surface by the gross lot area.
Any building, yard, enclosure, premises, lot or grounds used
for the keeping, raising, selling, breeding or boarding of five or
more dogs or cats.[3]
A piece, parcel or plot of land occupied or designed to be
occupied by a building and its accessory buildings, or by a dwelling
group and its accessory buildings, together with such open spaces
which are arranged and designed to be used in connection with such
buildings.
One or more lots created in conformance with Article XIX of this chapter.
A subdivision which utilizes the provisions of Article XIX, Residential Lot Cluster Development, of this chapter.
A parcel of land at the junction of and abutting on two or
more intersecting streets when the interior angle of intersection
does not exceed 150°.
An average horizontal distance between the front and rear
lot lines, measured in the general direction of its side lot lines.
The width of a lot measured at the street line from side
lot lines. The minimum frontage requirements may be measured at the
building setback line if, in the opinion of the municipal agency,
the arrangement of lot lines so warrants.
A lot other than a corner lot.
A line of record dividing one lot from another. Any lot line
not a rear line nor a front line shall be deemed a side line. If a
lot is irregular in shape, the line which is most nearly parallel
to and at the greatest average distance from the street line shall
be deemed to be the rear line, and all other lot lines excepting the
street line shall be deemed to be side lot lines.
The average width of the lot measured at right angles to
its average depth.
A structure of vehicular, portable design built on a chassis
and designated to be moved from one site to another and to be used
without a permanent foundation.
The Municipal Planning Board or Zoning Board of Adjustment
or the governing body of the Borough when acting pursuant to this
chapter.
A lot of record existing at the date of the passage of this
chapter which does not have the minimum frontage or contain the minimum
area for the zone in which it is located.
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.
Any organization established pursuant to Article XV of Chapter 17, Land Development Review, of the Code of the Borough of Lincoln Park for the ownership and maintenance of any common open space for the benefit of owners or residents of any lot cluster development or planned residential development or townhouse development where the individual townhouse units are to be offered for sale.
A zoning district that encompasses one or more underlying
zones and that imposes additional or alternative requirements, as
specified, beyond those required for the underlying zone.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
An off-street space available for the parking of a motor
vehicle and which in this chapter is held to be an area nine feet
wide and 20 feet long, exclusive of passageways and driveways appurtenant
thereto and giving access thereto.
A direct marketing alternative wherein retail or wholesale
customers are invited onto a commercial farm in order to harvest agricultural,
floricultural, or horticultural products.
The legal or beneficial owner or owners of a lot or any land
proposed to be included in the proposed planned residential development,
including the holder of an option or contract to purchase, or other
person having an enforceable propriety interest in such land.
An area with a specified minimum contiguous area of 50 acres
or more to be developed as a single entity according to a plan containing
one or more residential clusters, which may include appropriate public
or quasi-public uses all primarily for the benefit of the residential
development.[5]
The Planning Board of the Borough of Lincoln Park.
A porch or patio designed as an integral part of an individual
dwelling unit and designated for the use of the residents of that
unit.
The office of a member of a recognized profession. A professional
office, when conducted in a residential zone, shall be incidental
to the use of the dwelling for dwelling purposes and shall be conducted
by a member of the immediate family residing on the premises and entirely
within the residential building. Such professional office shall include,
but not limited to, the office of a doctor, lawyer, minister, architect
and professional engineer, provided that the practice of such professional
shall in no way adversely affect the safe and comfortable enjoyment
of property rights in any zone in which it is located.
Any development established pursuant to Article XIX of this chapter.
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others, but not including any flag, badge or insignia
of any public, quasi-public, civic, charitable or religious group.
The maximum projected area of the shape which encloses the
sign, device or representation.
A detached one-family dwelling unit.
A development plan of one or more lots on which is shown:
The existing and proposed conditions of the lot, including but
not necessarily limited to topography, vegetation, drainage, floodplains,
marshes and waterways;
The location of all existing and proposed buildings, drives,
parking spaces, walkways, means of ingress and egress, drainage facilities,
utility services, landscaping, structures and signs, lighting, and
screening devices; and[6]
Any other information that may be reasonably required in order
to make an informed determination pursuant to an applicable Borough
ordinance.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is five feet or more above the level
of the line of the finished floor next below it, except a basement.
A basement or cellar shall be counted as a story if it is used for
business or sleeping purposes. Any floor under a sloping roof at the
top of a building which is more than two feet below the top plate
shall be counted as a story, and if less than two feet below the top
plate it shall be counted as a half story, provided that not more
than 60% of the floor area is used for rooms, baths, or toilets; otherwise
it shall be counted as that fraction of a story which its floor area
in rooms, baths or toilets bears to the entire floor area.
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 law, 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 board and
the grant to such board of the power to review plats, and includes
the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
The dividing line between a right-of-way and the lot across
which there is permanent access to the lot.
In the case of signs, means the total area of the sign, excluding
supports as measured on one side.
Any location where freight either originates, terminates,
or is handled in the transportation process; or commercial motor carriers
maintain operating facilities.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
One or a series of contiguous one-family dwelling units,
each attached on either or both sides to another one-family dwelling
unit. Each one-family dwelling unit shall extend from the ground to
the roof and be serviced by individual front and either side or rear
yards integral to each unit.
A movable or portable storage container or self-storage container,
or other movable structure that can be used for the storage of personal
property and which is located for such purposes outside an enclosed
building other than an accessory structure.
[Added 8-16-2021 by Ord. No. 9-21, effective 9-6-2021]
A single unit of a temporary storage structure such as a
PODS® (Portable
On Demand Storage) or similar unit.
[Added 8-16-2021 by Ord. No. 9-21, effective 9-6-2021]
A building or structure containing two or more townhouse
dwelling units.
The non-cargo-carrying power unit that operates in combination
with a trailer.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
An unpowered freight trailer supported by a rear and/or front
axle and pulled or towed by means of a drawbar or other device connecting
it to a tractor.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
The movement of people or goods but shall not include overnight
storage or parking of trucks, trailers, or containers outside of an
enclosed building.
[Added 12-20-2021 by Ord. No. 13-21; effective 1-9-2022]
A detached residential building designed or occupied as a
residence for two families containing two vertically or horizontally
contiguous independent dwelling units, each such unit consisting of
a room or series of connected rooms having a separate entrance and
containing living, cooking, sleeping and sanitary facilities for one
family.
The specific purpose for which land or a building is designed,
arranged, or intended or for which it is or may be occupied or maintained.
An open space unoccupied by any building extending across
the full width of the lot and lying between the street line of the
lot and the nearest line of any building. The depth of the front yard
shall be measured at right angles to the street line.[7]
An open space extending the full width of the lot between
a principal building and the rear lot line, unoccupied and unobstructed
from the ground upward except as may be specified elsewhere in this
chapter.[8]
An open space unoccupied by any building between the side
line of the lot and the nearest line of the building and extending
from the front yard to the rear yard or, in the absence of either
of such yards, to the street 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.
The boundary of a zoning district as shown on the Zoning
Map.
The Zoning Board of Adjustment of the Borough of Lincoln
Park.
A map titled "Zoning Map of the Borough of Lincoln Park,
Morris County, New Jersey" dated September 20, 1984, and adopted as
part of this chapter establishing zone districts and their boundaries.[9]
A permit stating that the purpose for which a building 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.
