For the purpose of this chapter, certain terms and words are herein defined as follows.
Word usage. The words "used for" include "designed for" and vice versa; words used in the present tense include the future; words used in the singular number include the plural number and vice versa; the word "used" shall include "arranged" "designed," "constructed," "altered," "converted," "rented," "leased" or "intended to be used"; the word "building" includes the word "structure"; the word "dwelling" includes the word "residence"; the word "shall" is mandatory and not discretionary. Any word or term not defined herein shall be used with a meaning of standard usage.
- AIR RIGHTS
- The interest in use of the space above the land or any buildings affixed to the land.
- ALTERATION OR ADDITION, STRUCTURAL
- Any change in or addition to the supporting members of a building such as walls, columns, beams, girders, posts or piers.
- AUTOMOBILE SALES LOT
- An area used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
- Any structure or portion thereof on which lettered or pictorial matter is displayed for advertising purposes other than that on a building or its grounds giving the name and occupation of the user of the premises, the nature of the business conducted therein or the products primarily sold or manufactured therein. (See the definition of "sign" and § 525-28.)
- A house or portion thereof where meals, or lodging and meals, are provided for compensation for persons not transient.
- Any structure having a roof supported by such things as columns, posts, piers or walls and intended for the shelter, business, housing or enclosing of persons, animals or property:
- CONDITIONAL USE
- A use which is not specifically prohibited, and it would
allow the Joint Land Use Board, upon the showing of particular facts
and circumstances, which make the conditional use appropriate in the
location in which it is proposed. Facts to be taken into account include
the effect of the conditional use on the neighboring property values,
on the use of neighboring property, on traffic patterns and on the
capacity of municipal facilities, such as water and sewer. In certain
instances, in accordance with the provisions of this chapter, a conditional
use shall be granted upon compliance with the standards established
for said use. An application for conditional use shall be considered
in the same format as an application for a zoning variance. The Joint
Land Use Board shall make findings of fact in accordance with the
variance procedure; however, the decision of the Joint Land Use Board
shall be final and appealable only in accordance with the normal appeal
procedures.[Added 11-7-1985 by Ord. No. 494]
- CONVENIENCE STORE WITH SALE OF PETROLEUM PRODUCTS
- A retail store for sale of food, newspapers, books, stationary,
toys, wearing apparel, gifts and like items customarily sold for the
convenience of limited item shoppers which also includes facilities
on the premises for the sale of gasoline, oil and related petroleum
products. It does not include facilities for vehicle repair, painting
or storage of vehicles.[Added 8-22-2002 by Ord. No. 702]
- Any part of the territory of the Borough of Mount Ephraim defined on the Zoning Map within which certain uniform regulations and requirements of this chapter apply. (See Article III.)
- A building which is designed or used exclusively as the living quarters for one or more housekeeping units.
- DWELLING UNIT
- A building or part thereof having sleeping, cooking, living and sanitary facilities for one housekeeping unit.
- EFFICIENCY UNIT
- A dwelling unit in a garden apartment consisting of one room with additional bath and cooking facilities separated from such room by a permanent wall and folding or sliding doors respectively.
- EXAMINATION ROOM
- Any room wherein special equipment may be installed for use in the examination or treatment of a patient as distinguished from a waiting room, counseling room or office of such practitioner.
- GARDEN APARTMENT HOUSE
- A multifamily dwelling with three or more dwelling units not exceeding two stories in height with separate dwelling units on the first and second floors.
- GROSS FLOOR AREA
- "Gross floor area" shall be measured by using the outside dimensions of the building, excluding the area of an attached garage, open porch or patio and further excluding the area used as a cellar. Only those floor areas which have a ceiling height of 7.5 feet or more shall be eligible for inclusion in the gross floor area. The "gross floor area" of an apartment dwelling unit, townhouse or other attached structure shall be measured from the center of interior walls and the outside of exterior walls and shall include kitchens, closets, bathrooms and hallways within the dwelling unit in addition to the area of all other rooms within the dwelling unit, but not including common hallways, vestibules or landings.
- HIGH-RISE APARTMENT
- A multiple dwelling in excess of two stories.
- HOME OCCUPATION
- An occupation being conducted wholly or in part from a residence or its residential lot as an accessory use. Such occupations shall be conducted solely by resident occupants of the residential building, except that no more than one person not a resident of the building may be employed, and provided also that no more than the 500 square feet, or the equivalent of the first floor area of the building, whichever is smaller, shall be used for such purpose; that the livable floor area for the residence shall remain at least as large as that required of residences; that no display of products shall be visible from the street; that the residential character of the building shall not be changed; that no sign shall be displayed exceeding a maximum of four square feet on each side; that the occupation shall be conducted entirely within either the dwelling or an accessory building, but not both; that no occupational sounds shall be audible outside the building; that no article shall be offered for sale on the premises; that no machinery or equipment shall be used which will cause interference with radio and television reception in neighboring residences; and that the use does not reduce the parking or yard requirements of the principal use.
- HOUSEKEEPING UNIT
- One or more persons living together in one dwelling unit on a nonseasonal basis and sharing living, sleeping, cooking and sanitary facilities on a nonprofit basis.
- Any area of land with or without buildings, regardless of size, devoted to the storage, keeping or abandonment of junk or debris, whether or not it is in connection with the dismantling, processing, salvage, sale or other use or disposition thereof, including by way of illustration but not of limitation: unlicensed vehicles, tires, vehicle parts, paper, rags, metal, glass or plastic, old household appliances, wood, lumber, brush and any stumps or any other debris or any material whatsoever.
- A tract or parcel of land separated from other tracts or parcels as by a subdivision plat, or deed of record, survey map or by metes and bounds, except that contiguous undersized lots under one ownership shall be considered one lot and except further that no portion of any street shall be included in calculating the lot boundaries or areas.
- MASTER PLAN
- A composite of the mapped and written proposals for the physical development of the municipality which shall have been duly adopted by the Joint Land Use Board under N.J.S.A. 40:55-1.10 as amended.
- MOBILE HOME
- A dwelling unit manufactured in one or more sections, designed for long-term occupancy; containing living and sleeping accommodations, a flush toilet, a tub or shower bath, and kitchen facilities with plumbing and electrical connections provided for attachment to outside systems; and designed to be transported after fabrication and complete assembly on its own wheels, or on flatbed or other trailers; arriving at the site where it is to be occupied as a dwelling complete, usually including major appliances and furniture, and ready for occupancy except for minor and incidental unpacking and assembly operations. For purposes of this chapter, travel trailers and campers and modular homes are not considered as mobile homes.
- NONCONFORMING BUILDING
- A building existing at the date of the passage of this chapter which in its location upon a lot does not conform to the regulations of this chapter for the zone in which it is located. (See § 525-25.)
- NONCONFORMING LOT
- A lot of record, existing at the date of the passage of this chapter which does not have the minimum width, depth or contain the minimum area for lots in the zone in which it is located. (See § 525-25.)
- NONCONFORMING USE
- A use which occupied a building or land at the time of this chapter and which does not conform with the use regulations of the district in which it is located. (See § 525-25.)
- ONE-BEDROOM UNIT
- A dwelling unit containing not more than one room designed, intended and devoted to sleeping purposes.
- PARKING SPACE
- An area either within a structure or in the open, for the parking of motor vehicles, exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing shall prohibit private driveways for detached dwellings from being considered one off-street parking space, provided that no portion of such private driveway within the right-of-way line of the street intersected by such driveway shall be considered off-street parking space. The area of the parking space is intended to be sufficient area to accommodate the exterior extremities of the vehicle, whether in addition thereto wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The minimum width of a parking space shall be determined by § 525-26G. The width and length of each space shall be measured perpendicular to each other regardless of the angle of the parking space to the access aisle or driveway.
- PERMITTED USE
- Any use of land or buildings as permitted by this chapter.
- SERVICE STATION
- Land and building designed and used for the storage and retail sale of fuel, lubricants and automotive accessories and for providing maintenance and minor repairs for motor vehicles, but not including body repairs or painting or the storage of inoperable or wrecked vehicles. (See § 525-30.)
- SETBACK LINE
- A line drawn parallel with a street line or lot line and drawn through the point of a building nearest to the street line or lot line. The term "required setback" means a line that is established a minimum horizontal distance from the street line or the lot line and beyond which a building or part of a building is not permitted to extend toward the street line or lot line. (See the definition of "street line.")
- Every sign, billboard, ground sign, roof sign, sign painted or printed on the exterior surface of a building or structure, illuminated sign or temporary sign, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interest of any person or product when the same is placed out of doors in view of the general public. (See § 525-28.)
- SITE PLAN REVIEW
- The examination of the specific development plans for a lot, including all pertinent data required in Chapter 495, Site Plan Review. Wherever the term "site plan approval" is used in this chapter, it shall be understood to mean a requirement that the site plan be reviewed and approved by the Joint Land Use Board.
- SPECIAL USE PERMIT
- What is commonly known as a "conditional use." See the definition
of "conditional use" in this section.[Added 11-7-1985 by Ord. No. 494]
- Any street, avenue, boulevard, road, lane, parkway, viaduct, alley or other way which is an existing state, county or municipal roadway, or a street or way shown upon a plat heretofore approved pursuant to law or approved by official action pursuant to the Municipal Planning Act (N.J.S.A. 40:55-1.1 et seq., as amended) or a street or way on a plat duly filed and recorded in the office of the County Recording Officer prior to the appointment of a Joint Land Use 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, sidewalks, parking areas and other areas within the street lines.
- STREET LINE
- The edge of the existing or future street right-of-way, whichever is greater, as shown on an adopted Master Plan or Official Map, forming the dividing line between the street and a lot.
- Anything constructed or erected which requires permanent location on or below the ground or attachment to something having such permanent location including buildings fences, tanks, towers, signs and advertising devices.
- SWIMMING POOL, PORTABLE
- Portable pools shall not be subject to the requirements of § 525-31 and are those pools which are not otherwise permanently installed; do not require water filtration, circulation and purification; do not exceed two feet in depth; do not exceed a water surface area of 80 square feet; and do not require braces or supports.
- THREE-BEDROOM UNIT
- A dwelling unit containing not more than three rooms designed, intended and devoted to sleeping purposes.
- One dwelling unit in a line of four or more connected dwelling units. Each dwelling unit may have one or two stories, but nothing in this definition shall be construed to allow one dwelling unit over the other.
- TRAILER CAMP
- Land used by two or more trailers, mobile homes or other movable dwellings whether or not such units are parked or supported by foundations. The same as a "mobile home park."
- (1) A portable vehicular structure built on a chassis designed for camping, the body of which is basically rectangular with a flat top not more than four feet above the surface of the ground. The camper is designed to have a temporary tent erected above the four-foot level for camping activities.
- (2) A self-propelled vehicular structure built as one unit on a chassis and designed for temporary living for travel, recreation, vacation or other short-term use which may contain cooking, sleeping and sanitary facilities.
- (3) An immobile structure containing cooking and sleeping facilities for travel, recreation, vacation or other short-term use and designed to be attached to the body of another vehicle for transporting from one location to another.
- TRAVEL TRAILER
- A vehicular portable structure built on a chassis designed as a temporary dwelling for travel, recreation, vacation and other short-term uses and having an outside body width not exceeding eight feet and a length not exceeding 30 feet which may contain cooking, sleeping and sanitary facilities.
- TWO-BEDROOM UNIT
- A dwelling unit containing not more than two rooms designed, intended and devoted to sleeping purposes.
- The specific purpose for which a parcel of land or a building or a portion of a building or parcel of land is used.
- USE, ACCESSORY
- A use which is customarily associated with and subordinate to the principal use and which is located on the same lot therewith.
- YARD, FRONT
- An open space extending across the full width of the lot and lying between the street line and the setback line. The depth of the front yard shall be measured horizontally at right angles from the street line, or to the point of tangent of curved streets.
- YARD, REAR
- An open space extending across the full width of the lot and lying between the rear lot line and the setback line. The depth of the rear yard shall be measured horizontally at right angles from the rear lot line, or to the point of tangent of curved rear lot lines.
- YARD, SIDE
- An open space extending from the front yard to the rear yard and lying between each side lot line and the side setback line of the principal building. The width of the required side yard shall be measured horizontally at right angles from the side lot line, or to the point of tangent of curved side lot lines.
- See "district."