A.
Words and phrases shall be presumed to have their ordinary meaning,
unless specifically defined or interpreted differently within this
article. Disputes concerning the definition or interpretation of a
word shall be resolved by the Board of Adjustment.
B.
For the purpose of this chapter, certain grammatical forms and words
shall assume a different interpretation than is assumed in common
usage, as follows:
(1)
All present and future tenses shall be interchangeable.
(2)
The word "building" includes "structure and any part thereof."
(3)
The singular and plural shall be interchangeable.
(4)
The word "shall" is always mandatory, and the term "may" indicates
a permissive action.
(5)
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for" or "occupied for."
(6)
The word "person" includes an individual, corporation and partnership.
(7)
The word "includes" or "including" shall not limit the term to the
specified example, but is intended to extend its meaning to all other
instances of like kind and character.
(8)
The word "lot" includes the word "plot" or "parcel."
All such words as defined in the Municipal Land Use Law,[1] if not contained below, are hereby incorporated herein
and declared to be a part of this chapter. The following words and
phrases shall have the meanings given in this section, as follows:
A use customarily incidental and subordinate to the principal
use of building and located on the same lot with such principal use
of building.
The Construction Official of the Borough of Bellmawr.
The portion of the parking area used for vehicular access
to parking spaces.
A minor way which may or may not be legally dedicated and
is used primarily for vehicular service access to the rear or side
of properties abutting on a street.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the exit facilities, or an enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
A building arranged, intended or designed to be occupied
by two or more families living independently of each other, with at
least 70% of the building consisting of one-bedroom units, and necessitating
full approval by the New Jersey Tenement House Law.
An open area, other than a public or private street or way,
used for the display or sale of new and used vehicles, trailers, trucks
or farm equipment and where no repair work is done except that which
is minor and incidental, not including body and fender work.
Any premises used for the repair or servicing of vehicles,
but not including automotive wrecking.
A building used for the sale of, hire of, or remuneration
from automotive and other vehicles and equipment. This shall be interpreted
to include auto accessory sales rooms but not the sale of junked vehicles
and equipment.
A story having a portion of its height below grade and the
finished floor level directly above the basement with more than 1/2
the height of the basement above average ground level around the building.
A basement is counted as a story if the ceiling is more than six feet
above the average grade or if it is subdivided and used for dwelling
purposes, other than for a janitor employed on the premises.
A tract of land that may be bounded by streets, public parks,
railroad rights-of-way, excluding siding and spurs, or corporate boundary
lines of the municipality.
Any building, together with any related structure, accessory
building, any land appurtenant thereto, and any part thereof, which
contains two or more units of dwelling space arranged or intended
for single room occupancy, exclusive of any such unit occupied by
an owner or operator, and wherein personal or financial services are
provided to the residents, including any residential hotel or congregate
living arrangement, but excluding any hotel, motel or established
guesthouse wherein a minimum of 85% of the units of dwelling space
are offered for limited tenure only, any foster home as defined in
Section 1 of P.L. 1962, c. 137 (N.J.S.A. 30:4C-26.1), any community
residence for the developmentally disabled and any community residence
for the mentally ill as defined in Section 2 of P.L. 1977, c. 448
(N.J.S.A. 30:11B-2).
[Added 8-8-1996 by Ord. No. 7:15-96[2]]
A subordinate building on a lot, the use of which is customarily
incidental to that of the main or principal building. When attached
to the main building, it shall be construed as part of the main building.
The area of a horizontal section of a building at the main
grade level.
The vertical distance measured from the average elevation
of the proposed finished grades 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, provided that chimneys, spires, towers, mechanical
penthouses, tanks and similar projections of buildings not intended
for human occupancy shall not be included in calculating the height.
If there are two or more separate roofs on a single building, the
height of such building shall be calculated from the highest roof.
The horizontal measurement of any continuous building wall.
The term used to describe the size of buildings or other
structures and their relationship to each other, to open areas such
as yards and to lot lines and includes the size, height and floor
area of buildings or other structures, the relation of the number
of dwelling units in a residential building to the area of the lot
(usually called density) and all open areas in yard space relating
to buildings and other structures.
All parts of the plant Cannabis sativa and Cannabis indica,
whether growing or not, the seeds thereof, and every compound, manufacture,
salt, derivative, mixture, or preparation of the plant or its seeds,
except those containing resin extracted from the plant, which are
cultivated and, when applicable, manufactured in accordance with P.L.
2021, c. 16 (N.J.S.A. 24:6I-31 et al.) for use in cannabis products,
but shall not include the weight of any other ingredient combined
with cannabis to prepare topical or oral administrations, food, drink,
or other product.
[Added 12-30-2021 by Ord.
No. 10:18-21]
Any person or entity that holds any of the six Classes of
licenses established under P.L. 2021, c. 16, the "New Jersey Cannabis
Regulatory, Enforcement Assistance, and Marketplace Modernization
Act" (CREAMMA).
[Added 12-30-2021 by Ord.
No. 10:18-21]
Any licensed person or entity that grows, cultivates, or
produces cannabis, 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.
This person or entity shall hold a Class 1 cannabis cultivator license.
[Added 12-30-2021 by Ord.
No. 10:18-21]
Any licensed person or entity 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. This person or entity shall hold a Class 6 cannabis
delivery license.
[Added 12-30-2021 by Ord.
No. 10:18-21]
Any licensed person or entity that transports cannabis in
bulk intrastate from one licensed cannabis cultivator to another licensed
cannabis cultivator, or transports 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. This person or entity shall hold a Class 4 cannabis distributor
license.
[Added 12-30-2021 by Ord.
No. 10:18-21]
A cannabis cultivator, a cannabis manufacturer, a cannabis
wholesaler, or a cannabis retailer.
[Added 12-30-2021 by Ord.
No. 10:18-21]
An establishment with one or many of the licenses to operate
as defined by the CREAMMA Act:
[Added 12-30-2021 by Ord.
No. 10:18-21]
Class 1: Cannabis cultivator license, for facilities involved
in growing and cultivating cannabis;
Class 2: Cannabis manufacturer license, for facilities involved
in the manufacturing, preparation, and packaging of cannabis items;
Class 3: Cannabis wholesaler license, for facilities involved
in obtaining and selling cannabis items for later resale by other
licensees;
Class 4: Cannabis distributor license, for businesses involved
in transporting cannabis plants in bulk from one licensed cultivator
to another licensed cultivator, or cannabis items in bulk from any
type of licensed cannabis business to another;
Class 5: Cannabis retailer license for locations at which cannabis
items and related supplies are sold to consumers; and
Class 6: Cannabis delivery license, for businesses providing
courier services for consumer purchases that are fulfilled by a licensed
cannabis retailer in order to make deliveries of the purchased items
to a consumer, and which service would include the ability of a consumer
to make a purchase directly through the cannabis delivery service
which would be presented by the delivery service for fulfillment by
a retailer and then delivered to a consumer.
Any licensed person or entity 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.
This person or entity shall hold a Class 2 cannabis manufacturer license.
[Added 12-30-2021 by Ord.
No. 10:18-21]
A product containing usable cannabis, cannabis extract, or
any other cannabis resin and other ingredients intended for human
consumption or use, including a product intended to be applied to
the skin or hair, edible cannabis products, ointments, and tinctures.
"Cannabis product" does not include: usable cannabis by itself; or
cannabis extract by itself; or any other cannabis resin by itself.
[Added 12-30-2021 by Ord.
No. 10:18-21]
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators 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. This
person or entity shall hold a Class 5 cannabis retailer license.
[Added 12-30-2021 by Ord.
No. 10:18-21]
Any licensed person or entity 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. This person or entity shall hold a Class 3 cannabis wholesaler
license.
[Added 12-30-2021 by Ord.
No. 10:18-21]
Any structure which has a roof and is intended for the storing
or sheltering of vehicles.
[Added 6-25-1987 by Ord. No. 5:6-87]
A carport in which no business, service or industry is carried
on and which is designed to contain not more than two motor vehicles,
which shall not house trucks of the six-thousand-pound weight class
or over.
[Added 6-25-1987 by Ord. No. 5:6-87]
Land used or intended to be used for the burial of the deceased.
A statement signed by the Construction Official setting forth
either that a building or structure or swimming pool does or does
not comply with this chapter or that a building, structure or parcel
of land may lawfully be used for specified uses, or both.
A building used for public worship by a congregation, excluding
buildings used exclusively for residential, education, burial, recreational
or other uses not normally associated with worship.
An organization chartered by a state for social or fraternal
purposes.
The number of dwelling units permitted in a development,
expressed as units per acre.
The lands required for the installation of stormwater sewers
or drainage ditches or required along a natural stream or watercourse
for preserving the channel and providing for the flow of water therein
to safeguard the public against flood damage in accordance with N.J.S.A.
58:1.[3]
The vehicular entrance and exit for a land use.
One or more rooms for living purposes together with separate
cooking and sanitary facilities and is accessible from the outdoors
either directly or through an entrance hall shared with other dwelling
units and is used or intended to be used by one or more persons living
together and maintaining a common household.
SINGLE-FAMILY DETACHED DWELLINGA building designed for and occupied exclusively as a residence for only one family and having no party wall in common with an adjacent building.
MULTIPLE DWELLINGA building used or designed as a residence for two or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.
DWELLING, ROWA dwelling, the walls on two sides of which are in common with the walls of adjoining dwellings and are party or lot line walls.
An acquired privilege or right of use of privately owned
land for specific purposes.
Whenever the word "employees" or the expression "number of
employees" is herein referred to, it shall mean the greatest number
of persons to be employed in the building in question during any season
of the year and any time of the day or night.
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boarding home, lodging house, club, fraternity or hotel.[4]
A fence for screening purposes, which shall be chain link
with decorative slats, wood stockade or wood basket weave. The minimum
height of a screen fence shall be six feet.
Any assistance permitted or required by the Commissioner
to be furnished by an owner or operator to a resident in the management
of personal financial matters, including but not limited to the cashing
of checks, holding of personal funds for safekeeping in any matter
or assistance in the purchase of goods or services with a resident's
personal funds.
[Added 8-8-1996 by Ord. No. 7:15-96]
The sum of the gross area of the several floors of a building
or buildings measured from the face of exterior walls or from center
lines of walls separating two buildings. In particular, "floor area"
includes but is not limited to the following:
Basement space, if it meets the requirements of a building story.
Elevator shafts, stairwells and attic space (whether or not
a floor has been laid) providing structural headroom of eight feet
or more.
Roofed terraces, exterior balconies, breezeways or porches,
provided that over 50% of the perimeter of these is enclosed.
Any other floor space used for dwelling or business purposes,
no matter where located within a building.
Accessory buildings, excluding spaces used for accessory off-street
parking or used for loading berths.
Any other floor space not specifically excluded, excluding spaces
used for air-conditioning machinery or cooling towers and similar
mechanical equipment serving the building and cellar space.
See "yard, front."
See "yard line, front."
Any structure having four sides and a roof and in at least
one of the sides of which is an aperture or opening through which
a vehicle may enter and leave and that may be closed by means of a
door or doors (overhead or otherwise) and intended for the storing
or sheltering of vehicles.
A garage in which no business, service or industry is carried
on and which is designed to contain not more than two motor vehicles,
which shall not house trucks of the six-thousand-pound weight class
or over.
Any garage not included within the definition of "private
garage."
An area of land, together with any structure thereon, used
for:
A finished product.
A story under a gabled, hipped or gambrel roof, the wall
plates of which on at least two opposite exterior walls are not more
than two feet nor less than one foot above the finished floor of such
story.
The vertical distance measured from ground level to the highest
point on the sign or its supporting structure.
The distance between any vehicular entrance or exit to a
street and the next adjoining vehicular entrance or exit on the same
street.
An occupation for gain or support conducted only by members
of a family residing on the premises and conducted entirely within
the dwelling, provided that no article is sold or offered for sale
except such as may be produced by members of the immediate family
residing on the premises, provided further that there should be no
signs of any nature permitted which would be visible from the exterior
of the dwelling relative to said occupation.
A building and land used partially for the human habitation
of more than two unrelated persons who occupy the facility for a common
purpose other than housekeeping.
An area of land, with or without buildings, used for the
storage of used and discarded materials, including but not limited
to wastepaper, rags, metal, building materials, house furnishings,
machinery, vehicles or parts thereof, with or without the dismantling,
processing, salvage, sale or other use or disposition of the same.
The deposit or storage on a lot of two or more unlicensed, wrecked
or disabled vehicles, or the major part thereof, shall be deemed to
be a junkyard.
The legal or beneficial owner or owners of land, including
the holder of an option or contract to purchase (whether or not such
option or contract is subject to any condition), a lessee if he is
authorized under the lease to exercise the rights of the landowner
or other persons having a proprietary interest in land.
A completely planted visual barrier composed of evergreen
plants and trees arranged to form a low-level screen. The low-level
screen shall consist of evergreen shrubs planted at an initial height
of not less than four feet and spaced at intervals of not more than
five feet on center.
Residence at a rooming or boarding house on a temporary basis
for a period lasting no more than 90 days when a resident either maintains
a primary residence at a location other than the rooming or boarding
house or intends to establish a primary residence at such location
and does so within 90 days of taking up original residence at the
rooming or boarding house.
[Added 8-8-1996 by Ord. No. 7:15-96]
Paved accommodation off the street for loading of trucks,
in the form of one or more truck berths located either within a building
or on the same lot.
A parcel or portion of land legally separated from other
parcels or portions of description as on a subdivision of record or
survey map or by metes and bounds for the purpose of sale, lease or
separate use.
A lot abutting upon two or more streets at their intersection.
The owner, when first applying for a building permit, shall designate
which one of the streets is to be the principal frontage for the purpose
of establishing the front, rear and side yard requirements of the
lot.
That percentage of the plot or lot area covered by the building
area.
The mean horizontal distance between the front or street
lot line and the rear lot line.
A lot, the side lines of which do not abut a street.
The area of the lot between all property lines. The area
between the street right-of-way line and the center line of the road
shall not be considered.
The horizontal distance between the side boundary lines of
the lot measured at the building line, except where the side lines
of the lot converge towards the rear, in which case the width of the
lot shall be measured on a line parallel with the building line and
25 feet in back of the building line.
A function involving either the processing or production
of materials, goods or products.
Articles which are components of a future product.
Occupancy of a building or land for more than one use.
A building, or a group of buildings, having units containing
sleeping accommodations which are available for a temporary, rental
occupancy by transients and providing sufficient off-street parking
facilities adjacent or convenient thereto. A tourist home containing
provisions or facilities for accommodation of more than two transient
occupants not normally quartered on the premises shall be considered
as a motel-hotel facility under the provisions of this chapter.
A building, structure or sign, the size, dimension or location
of which 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.
A building, structure, lot, or sign, the use of which 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.
A nonconforming use includes a nonconforming structure, lot or activity.
The percentage of lot area permitted to be covered by buildings.
This percentage is obtained by dividing the gross floor area by the
lot area and multiplying by 100.
A parking area, as hereinafter defined, for the parking of
passenger vehicles of the occupants, employees, visitors and patrons
of specified types of buildings.
Any individual who is responsible for the daily operation
of a rooming or boarding house.
[Added 8-8-1996 by Ord. No. 7:15-96]
Any person who owns, purports to own, or exercises control
of any rooming or boarding house.
[Added 8-8-1996 by Ord. No. 7:15-96]
Accommodation for the parking of a motor vehicle on a lot
provided for restricted use in connection with a particular business
or private enterprise or as an adjunct to a housing development or
private residence, whether operated for gain or not, whether cooperatively
established and operated or not. Such parking spaces may consist of
parking lots, private garages or other structures and accessories.
They may be surface facilities or facilities above or under the ground.
A portion of land paved with a weatherproof surface for parking
space, driveways or streets. In the computation of such, that area
covered by buildings shall be excluded.
Any security which may be accepted under the laws of the
State of New Jersey in lieu of a requirement that certain improvements
be made before the Planning Board or other approving body approves
a plat, including performance bonds, escrow agreements and other similar
collateral or surety agreements.
Any individual, firm, partnership, agency or corporation.
Any services permitted or required to be furnished by an
operator to a resident, other than shelter, including but not limited
to meals or other food services and assistance in dressing, bathing
or attending to other personal needs.
[Added 8-8-1996 by Ord. No. 7:15-96]
The map of a subdivision.
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 more than 30 inches above the floor thereof,
except the necessary columns to support the roof.
Any lot, area or tract of land, whether used in connection
with a building or not.
A school which provides daytime care and instruction of two
or more children from two to six years of age, inclusive, and operates
on a regular or seasonal basis.
Any procedure limited to members of an organization or to
persons specifically invited where no advertisement of inducement
has been made to the general public.
A lot or plot with or without buildings or other improvements
located thereon.
See "yard, rear."
See "yard line, rear."
A private or public space including essential buildings and
structures used for play and recreational space for individuals.
A procedure by which services and/or real or personal property
is temporarily transferred to another person for a specific time period
in exchange for something of value.
An establishment in which food and drink may be procured,
either to be consumed while seated at a table, counter or a booth
within a building on the premises or may be procured from a drive-through
service window and consumed off the premises.
Any sales of goods and services to the general public as
distinguished from wholesale sales.
The area between the outer width boundaries of the public
street or planned street width, whether improved or unimproved and
whether acquired by deed or easement. The term "right-of-way" shall
apply to planned future roadways or widenings when these are shown
on an adopted master plan or an official map.
A boarding home wherein no personal or financial services
are provided to the residents.
[Added 8-8-1996 by Ord. No. 7:15-96[5]]
A duly organized school, other than a public school, giving
regular instruction in subjects ordinarily taught in the public schools
and not under the jurisdiction of the municipal or regional school
district.
See "fence, screen."
A geographical area or tract which is part of a proposed
development which will be developed according to a timetable for development
over a period of years included by the applicant in the development
plan.
See "yard, side."
See "yard line, side."
Any letter, work, model, banner, flag, device or representation
used as or which is in the nature of an announcement, direction or
advertisement, including interior signs which are visible from the
street.
Any sign not attached to a building and which is supported
by a structure solely or primarily used for support.
An arrangement of dwelling space which does not provide a
private, secure dwelling space arranged for independent living, which
contains both the sanitary and cooking facilities required in dwelling
spaces pursuant to the Hotel and Multiple Dwelling Law, P.L. 1967,
c. 76 (N.J.S.A. 55:13A-1 et seq.) and which is not used for limited
tenure occupancy in a hotel, motel or established guesthouse, regardless
of the number of individuals occupying any room or rooms.
[Added 8-8-1996 by Ord. No. 7:15-96]
A section or sections of which an applicant proposes to commence
development at the same time, as part of a timetable for development
of a project over a period of years.
That portion of a building other than the basement, as defined
herein, included between the surface of any floor and the surface
of the floor next above it, or, if there is not a floor above it,
then the space between the floor and the ceiling next above it.
Includes street, avenue, boulevard, road, highway, freeway,
parkway, lane, alley, viaduct and any other ways used or intended
to be used by vehicular traffic or pedestrians, whether public or
private.
A line which is usually at an equal distance from both street
lines or right-of-way lines.
Any change in the supporting members of a building, such
as bearing walls or partitions, columns, beams or girders, or any
substantial change in the roof or in the exterior walls.
Any man-made object having an ascertainable stationary location
on or in land or water, whether or not affixed to the land.
A swimming pool and the apparatus and equipment pertaining
to the swimming pool maintained by an individual for the sole use
of his household and guests without charge for admission and not for
the purpose of profit or in connection with any business operated
for profit, located on a lot as an accessory use to a residence.
Any room, rooms, suite or portion thereof, whether furnished
or unfurnished, which is occupied or intended, arranged or designed
to be occupied for sleeping or dwelling purposes for one or more persons.
[Added 8-8-1996 by Ord. No. 7:15-96[6]]
Any purpose for which a building or other structure or a
tract of land may be designed, arranged, intended, maintained or occupied
or any activity, occupation, business or operation carried on in a
building or other structure on a tract of land.
The main or primary purpose or purposes for which land, a
structure, building and/or sign or use therefor is designed, arranged
or intended or for which it may be occupied or maintained under the
Zoning Ordinance. All other structures, buildings, signs or uses on
the same lot and incidental or supplementary thereto and permitted
under the Zoning Ordinance shall be considered accessory uses.
An open space at grade between a yard line and the adjoining
lot lines, unoccupied and unobstructed by any portion of a structure
from the ground upward.
The yard extending along the full length of the front lot
line and being the minimum horizontal distance between the front lot
line (street line) and the front yard line or the building or any
projection thereof, other than steps and roof overhang.
A line drawn parallel to the corresponding lot lines at a
distance specified for the required depth of yard in each respective
case.
A front yard line bounds the front yard and is parallel to
the front lot line. On corner lots, the front yard setback shall be
held on one street only. The owner, when first applying for a building
permit, shall designate which one of the streets is to be principal
frontage for the purpose of establishing the front, rear and side
requirements of the lot.
A rear yard line bounds the rear yard and is parallel to
the rear of the lot line.
A side yard line bounds the side yard and is parallel to
the side lot line.
A yard extending the full length of the rear lot line and
being the minimum horizontal distance between the rear lot line and
the rear yard line or the rear of the building or any projections,
other than steps and roof overhang.
A yard extending along the side lot line from the required
front yard to the required rear yard and being the minimum horizontal
distance between the side lot line and the side yard line or the side
of the building or any projections, other than steps and roof overhang.
