Definitions. Unless the context otherwise indicates, the following
definitions shall be used in the interpretation and construction of
this chapter:
ACCESSORY USE OR BUILDING
A subordinate use or building customarily incidental to and
located on the same lot as occupied by the main use or building. The
term "accessory building" may include a private garage, garden shed
or barn, a private playhouse and a private greenhouse.
AGE TARGETED HOUSING
A housing product whose interior and exterior features are
designed to attract the non-family household market such as single
persons, working couples without children and mature households without
children under 18 years of age.
[Added 11-1-2010 by Ord.
No. 2010-12; amended 11-18-2019 by Ord. No. 2019-11]
Age targeted housing emphasizes internal and outdoor architectural
arrangements and design characteristics intended to service the needs
of the non-family household. Such features could include:
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The master bedroom and master bath suite on the first floor
separated from bedrooms on the second floor; features such as wider
doorways and hallways, in place framing to accept grab bars in all
baths, light switches and outlets at easy to reach heights; dens that
are open to other rooms and without closets; condominium access from
a shared entry, common corridors, elevators and lobby areas; the absence
of outdoor play equipment and recreational facilities designed for
children under 18 years of age. Marketing of age targeted housing
also emphasizes its non-family household characteristics.
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AGRICULTURAL
An area of land which is actively devoted to agricultural
or horticultural use exclusively and upon which a residential dwelling
is located.
ALTERATIONS
As applied to a building or structure, means a change or
rearrangement in the structural parts or in the existing facilities,
or an enlargement whether by extension of a side or by increasing
in height, or the moving from one location or position to another.
ANIMAL HOSPITAL
A place where animals or pets are given medical or surgical
treatment. Use as a kennel shall be limited to short-term boarding
and shall be incidental to such hospital use.
APARTMENT
One or more rooms with private bath and kitchen facilities
comprising an independent self-contained dwelling unit in a building
containing two or more dwelling units or uses.
[Added 5-6-1991 by Ord. No. 91-8]
APPLICANT
The landowner or the agent, optionee, contract purchaser
or other person authorized to act for and acting for the landowner
submitting an application under this chapter.
APPROVING AUTHORITY
The Belvidere Planning Board unless a different body is designated
by ordinance.
BASEMENT
A story partly underground but having at least 1/2 of its
height above the average curb level of the street abutting the front
of the lot or above the average finished grade level of the ground
immediately adjacent to the building.
[Amended 4-4-1983 by Ord. No. 83-33]
BLOCK
A tract of land or a lot or group of lots bounded by streets,
public parks or parkways, railroad rights-of-way, watercourse or body
of water, unsubdivided land or a boundary line or lines of the Town
of Belvidere, New Jersey, or any combination thereof.
BUILDING
A combination of materials to form a structure adapted to
a permanent, temporary or continuous occupancy and having a roof.
BUILDING, AREA OF
The horizontal area measured around the outside of the foundation
walls and of the floors of roofed porches and roofed terraces inclusive,
and including the area of accessory buildings, if any. In the case
of split-level dwellings, the first-floor area shall be deemed to
include floor areas on two non-overlapping levels separated by a half
story, more or less, of height.
CANNABIS
All parts of the plant genus Cannabis sativa L., 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; but shall
not include the mature stalks of the plant, fiber produced from the
stalks, oil or cake made from the seed of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation or such mature
stalks, fiber, oil, or cake, or the sterilized seed of the plant which
is incapable of germination.
[Added 2-8-2021 by Ord.
No. 2021-02]
CANNABIS CULTIVATION
The planting, propagating, cultivating, growing, harvesting,
labeling, or storing of cannabis, as regulated by the State of New
Jersey.
[Added 2-8-2021 by Ord.
No. 2021-02]
CANNABIS MANUFACTURING
The compounding, making, and processing of cannabis in all
forms, as regulated by the State of New Jersey.
[Added 2-8-2021 by Ord.
No. 2021-02]
CELLAR
A space having more than 1/2 its height below the average
curb level of the street abutting the front of the lot or below the
average finished grade level of the ground immediately adjacent to
the building. A "cellar" shall not be used for residential purposes.
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.
CUSTOM WORK, SHOP FOR
A business premises used for the making of clothing, millinery,
shoes or other personal articles to individual order and measure,
for sale at retail on the premises only, not including the manufacture
of ready-to-wear or standardized products. (See also "workshop.")
DUMP
A lot or land or part thereof used primarily for disposal
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, offal, sewage, trash, refuse, junk,
discarded machinery, vehicles or parts thereof or waste material of
any kind.
DWELLING
Any permanent building or portion thereof designed or used
exclusively as the residence or sleeping place of one or more persons.
Group quarters and institutional living space shall not constitute
a "dwelling."
DWELLING, MULTIFAMILY
A building occupied or intended for occupancy as separate
living quarters by two or more families or two or more households.
DWELLING UNIT
One or more rooms providing living facilities for one family,
including equipment for cooking or provisions for the same and indoor
bathroom facilities.
ESSENTIAL SERVICES
The erection, construction, alteration or maintenance by
public utilities or municipal or other governmental agencies of underground,
surface or overhead gas, electrical, steam or water storage or transmission
systems, including poles, wires, mains, drains, sewers, pipes, conduits,
cables, fire alarm boxes, police call boxes, traffic signals, light
stations, telephone lines, hydrants, tanks and other similar equipment
and accessories therewith reasonably necessary for the furnishing
of adequate service by such public utilities or municipal or other
governmental agencies or for the public health, safety or general
welfare. "Essential services" shall include fire houses or stations
and first aid and emergency aid squads. Requirements for underground
utilities shall be subject to the requirements of the Public Utility
Commission as well as other municipal ordinances where appropriate.
FAMILY
One or more individuals living as a single housekeeping unit
and using cooking facilities and certain rooms in common. A "family"
shall not be deemed to include the occupants of a college dormitory
or residential club.
FARMS
See "agricultural."
FLAT UNITS
Individual dwelling units in a MFATWFH District development
that are situated in a building containing more than three dwelling
units where the units are located one over the other.
[Added 11-18-2019 by Ord.
No. 2019-11]
FLOOR AREA
The total enclosed floor area of all floors or stories of
a structure.
GARAGE
A building or part thereof used for the storage or parking
of one or more motor vehicles.
GARAGE, PRIVATE
An accessory garage maintained primarily for the convenience
of the occupants of the main building and in which no business or
other use is carried on and no service is rendered to the general
public.
GARAGE, PUBLIC
Any garage other than a private garage. A "public garage"
may include an automobile repair shop and filling station facilities.
HEIGHT OF A STRUCTURE
The vertical distance derived from the average finished grade
at the foundation corners of the building or structure to the highest
point of the roof beams of a flat roof and to the mean height between
eaves and ridge for gabled, hipped or pitched roofs.
HISTORIC SITE OR BUILDING
Any building, structure, area or property that is significant
in the history, architecture, archeology or culture of this state,
its communities or the nation and has been so designated by one of
the above.
HOME OCCUPATION
A customary personal service occupation such as dressmaking,
millinery and home cooking; provided, that such occupation shall be
conducted solely by members of the resident family and in the main
building only, that not more than the equivalent of 1/2 of the area
of one floor shall be used for such purposes, that no display of advertising
other than a small nameplate and no display of products made shall
be visible from the street, that no stock-in-trade shall be kept and
that no mechanical or electrical equipment is used except customary
household equipment. Beauty parlors, barbershops and hairdressing
and manicuring establishments shall not be deemed to be "home occupations."
HOME PROFESSIONAL OFFICE
The office or studio of a physician, surgeon, dentist, lawyer,
architect, engineer, realtor, insurance agent, musician or teacher
as herein restricted, provided that not more than two persons are
employed who are not members of the immediate family and that such
office shall be in the main building and shall not occupy more than
the equivalent of 1/2 of the area of one floor of said building. A
teacher shall be restricted to a single pupil at a time. A "home professional
office" shall not be engaged in the purchase or sale of materials
or products.
HOSPITAL
A building used for the diagnosis, treatment or other care
of human ailments, unless otherwise specified. A "hospital" shall
be deemed to include a sanitarium, sanatorium, clinic, convalescent
home, nursing home, rest home or other building with an equivalent
appellation.
HOTEL or MOTEL
A building or part thereof which has a common entrance, common
heating system and general dining room and which contains seven or
more living and sleeping rooms designed to be occupied by individuals
or groups of individuals for compensation.
HOUSEHOLD
A family or not more than four unrelated persons living together
as a single housekeeping unit.
INDUSTRY
Those types, classes or particular establishments which manufacture,
assemble or fabricate products. Light manufacturing activities do
not present a fire or explosive potential or emit toxic matter, noise,
odor, vibration, glare, smoke, particulate matter or other elements
which may be discernible and may have a nuisance potential.
JUNKYARD
A lot, land or structure or part thereof used primarily for
the collecting, storage and sale of wastepaper, rags, scrap metal
or other scrap or discarded material or for the collecting, dismantling,
storage or salvaging of machinery or vehicles not in running condition
and for the sale of parts thereof.
LOT
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
LOT AREA
The total horizontal area included within lot lines.
LOT COVERAGE
The percentage of the lot area that is occupied by the area
of building.
LOT LINE
Any boundary of a lot. Any "lot line" not a rear lot line
nor a front lot line shall be deemed a side lot line.
LOT LINE, FRONT
The street line at the front of a lot. On a corner lot, the
owner may specify the "front lot line" on the plot plan.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
LOT, DEPTH OF
The mean distance between the front lot line and the rear
lot line. The greater frontage of a corner lot is its depth and lesser
frontage is its width.
LOT, WIDTH OF
The dimension measured at substantially right angles to the
depth of a lot at the street right-of-way.
MANUFACTURING, LIGHT
Any process of machining or assembly of materials to form
products which process does not cause any smoke, noise, vibration,
excessive light, odor or dust to be emitted beyond the bounds of the
property on which such manufacturing plant or plants are located.
MEDICAL CANNABIS
Cannabis cultivated, manufactured, processed, or dispensed
to registered qualifying patients, pursuant to the "Compassionate
Use Medical Cannabis Act," P.L. 2009, c. 307 (N.J.S.A. 24:6I-1 et
seq.) and P.L. 2015, 46 c. 158 (N.J.S.A. 18A:40-12.22 et seq.).
[Added 2-8-2021 by Ord.
No. 2021-02]
MEDICAL CANNABIS DISPENSARY
A facility licensed by the State of New Jersey to dispense
cannabis in any form approved by the state and related supplies to
qualified patients who:
[Added 2-8-2021 by Ord.
No. 2021-02]
(1)
Possess prescriptions issued by a licensed physician and who:
(2)
Are registered with the State of New Jersey.
MEMBERSHIP CLUB
A building, structure, lot or land area used as or by a private
club or social organization not conducted for profit or gain.
[Amended 7-16-2007 by Ord. No. 2007-11]
MINOR SOLAR OR PHOTOVOLTAIC ENERGY SYSTEM, FACILITY OR STRUCTURE
A system of power-generating cells, solar or photovoltaic
panels and equipment for the production of energy that:
[Added 2-8-2021 by Ord.
No. 2021-01]
(1)
Uses solar energy as its fuel or source;
(2)
Is located on the power beneficiary's premises;
(3)
Is designed and intended primarily to offset part or all of
the beneficiary's requirements for energy consumption on site;
(4)
Is accessory to the beneficiary's primary use of the premises
for other lawful purpose(s).
MULTIPLE DWELLING
A building arranged, intended or designed to be occupied
by three or more families living independently of each other as separate
housekeeping units.
NONCONFORMING STRUCTURE
A structure lawfully existing at the effective date of this
chapter or any amendment thereto affecting such structure, which does
not conform to the building regulations of this chapter for the district
in which it is situated, irrespective of the use to which such structure
is put.
NONCONFORMING USE
Any use of a building, structure, lot or land or part thereof
lawfully existing at the effective date of this chapter or any amendment
thereto affecting such use, which does not conform to the use regulations
of this chapter for the district in which it is situated.
OPEN SPACE
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use.
PARAPHERNALIA
Pursuant to the New Jersey Code of Criminal Justice (N.J.S.A.
2C:36-1), paraphernalia means all equipment, products and materials
of any kind which are used or intended for use in planting, propagating,
cultivating, growing, harvesting, manufacturing, compounding, converting,
producing, processing, preparing, testing, analyzing, packaging, repackaging,
storing, containing, concealing, ingesting, inhaling, or otherwise
introducing into the human body cannabis.
[Added 2-8-2021 by Ord.
No. 2021-02]
PARKING AREA
A lot or part thereof used for the storage or parking of
motor vehicles, with or without the payment of rent or charges in
money or other consideration.
PARKING SPACE
A stall or berth which is arranged and intended for parking
of one motor vehicle in a garage or parking area.
PLANNING BOARD
The Planning Board of the Town of Belvidere, New Jersey.
PRINCIPAL STRUCTURES
A structure arranged, adapted or designed to house the primary
or predominant use of the lot upon which it is located.
PROFESSIONAL
A physician, surgeon, dentist, medical practitioner, lawyer,
architect, engineer, realtor, insurance agent, musician, teacher or
similar occupation requiring advanced education and training.
[Added 5-6-1991 by Ord. No. 91-8]
PUBLIC NOTICE
Notice of the time and place of a hearing, meeting or proceeding
printed in the official newspaper of the Town of Belvidere at least
10 days prior to the time of such hearing, meeting or proceeding,
unless otherwise provided by law.
REAR DWELLING
A dwelling located on the same lot as and to the rear of
the main building for which the lot is used.
ROOMING HOUSE
Any building governed by, and with occupancy conditions and
restrictions defined in, the Rooming and Boarding House Act of 1979,
N.J.S.A. 55:13B-1 et seq., and any amendments thereto.
[Added 4-5-2004 by Ord. No. 2004-04]
SIGN
Any device, structure or object for visual communication
that is used for the purpose of bringing the subject thereof to the
attention of others. The term "sign" shall also include advertising
structures, commonly known as "billboards," which direct attention
to a business, commodity, service or activity conducted, sold, offered
or existing elsewhere than upon the same lot where such "sign" is
displayed.
SIGN AREA
The area defined by the outside edge of the frame. Where
there is no frame or edge to the sign, the area shall be defined by
a projected, enclosed, four- sided (straight sides) geometric shape
which most closely outlines the sign.
SIGN, DIRECTIONAL
An off-premises sign, which indicates direction to a permitted
use, under the provisions of this chapter for special permit signs.
Temporary signs giving direction to activities and events as enumerated
in this chapter, and on-premises signs, as regulated herein, directing
and controlling traffic, shall also be considered "directional signs."
SIGN, DIRECTLY ILLUMINATED
Any sign designed to give forth any artificial light directly
(or through any transparent or translucent material) from a source
of light connected with such sign.
SIGN, FLASHING
Any directly or indirectly illuminated sign on which the
artificial light is not maintained stationary and constant in intensity
and color at all times when in use.
SIGN, INDIRECTLY ILLUMINATED
A sign illuminated with a light so shielded that no direct
rays therefrom are visible elsewhere than on the lot where such illumination
occurs. If such illumination is thus visible, such sign shall be deemed
to be a directly illuminated sign.
STACKED TOWNHOUSE UNIT
A building containing at least three, but not more than 12
units, where townhouse units are located over another townhouse unit.
Only one unit shall be located over any portion of another unit.
Each stacked townhouse unit shall have its own garage space
with a separate ingress/egress from the outside from either the front,
side or rear of the unit.
[Added 11-18-2019 by Ord.
No. 2019-11]
STORY
That portion of a building included between the upper surface
of any floor other than a cellar floor and the upper surface of the
floor next above, except that the topmost "story" shall be that portion
of a building included between the upper surface of the topmost floor
and the roof above.
STORY, HALF
A space under a sloping roof which has the line of intersection
of the interior faces of the roof structure and main building wall
not more than three feet above the top floor level and in which space
the floor area with a headroom of five feet or more occupies at least
60% of the total area of the story directly beneath.
STREET
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 the Municipal
Land Use Law (1975), 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.
STRUCTURE
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. Fences are specifically excluded as a structure and shall be governed by the guidelines outlined in §
505-24, Fences, of the Code of the Town of Belvidere.
[Amended 9-4-2007 by Ord. No. 2007-16]
SWIMMING POOL, NONCOMMERCIAL
Any constructed body of water or structure to contain water
and any accessory equipment pertaining thereto, used or intended to
be used for swimming or bathing by any family or persons residing
on the premises and their guests. Such noncommercial swimming pool
shall not be operated for gain and shall be located on a lot only
as an accessory use to a dwelling or dwellings, hotel, motel or membership
club thereon.
TOURIST HOME
A residential building in which rooms are rented primarily
to transient automobile travelers.
TOWNHOUSE
A building designed for or occupied by no more than one family
or household and attached to other similar buildings or structures
by fireproof party walls extending from the foundation to the roof
and providing at least two direct means of access from the outside
and provided with separate facilities for electric service, heating
facilities and gas service.
TOWNHOUSE UNIT
A building containing at least three, but no more than eight
connected units, where each dwelling unit:
[Added 11-18-2019 by Ord.
No. 2019-11]
(1)
Has its own front and rear access to the outside;
(2)
Is not located over any portion of another unit;
(3)
Is separated from any other dwelling unit by one or more common
fire-resistant walls; and
(4)
Is compatibly designed in relation to all other units.
TRAILER CAMP
A lot or part thereof, with its appurtenant facilities, used
primarily for the parking of one or more trailers utilized on such
lot for living or sleeping purposes.
VARIANCE
Permission to depart from the literal requirements of a zoning
ordinance pursuant to Section 47 and Subsections 29.2b, 57c and 57d
of the Municipal Land Use Law, 1975.
WORK FORCE HOUSING
A housing product that is commonly targeted at essential
workers in a community including, but not limited to police officers,
firemen, teachers, nurses, medical personnel and municipal and county
government staff.
[Added 11-18-2019 by Ord.
No. 2019-11]
WORKSHOP
A business or commercial premises used for the making of
clothing, millinery, shoes or other personal articles or for the performance
of a trade or repair work which is not detrimental to adjoining properties
by reason of the emission of smoke, noise, odor, dust, vibration or
excessive light beyond the limits of its lot. (See also "custom work,
shop for.")
YARDS
No yard or other space provided about any buildings for the
purpose of complying with the provisions of this chapter shall be
considered as providing a yard or open space for any other building,
and no yard or other open space on another lot shall be considered
as providing a yard or open space for a building on any other lot.