For the purpose of this chapter, certain terms and words are
herein defined as follows.
A.Â
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.
B.Â
AIR RIGHTS
ALTERATION OR ADDITION, STRUCTURAL
AUTOMOBILE SALES LOT
BILLBOARD
BOARDINGHOUSE
BUILDING
(1)Â
(2)Â
(3)Â
(4)Â
CONDITIONAL USE
CONVENIENCE STORE WITH SALE OF PETROLEUM PRODUCTS
DISTRICT
DWELLING
(1)Â
(2)Â
(3)Â
DWELLING UNIT
EFFICIENCY UNIT
EXAMINATION ROOM
GARDEN APARTMENT HOUSE
GROSS FLOOR AREA
HIGH-RISE APARTMENT
HOME OCCUPATION
HOUSEKEEPING UNIT
JUNKYARD
LOT
(1)Â
(2)Â
(3)Â
(4)Â
(5)Â
MASTER PLAN
MOBILE HOME
NONCONFORMING BUILDING
NONCONFORMING LOT
NONCONFORMING USE
ONE-BEDROOM UNIT
PARKING SPACE
PERMITTED USE
SERVICE STATION
SETBACK LINE
SIGN
SITE PLAN REVIEW
SPECIAL USE PERMIT
STREET
STREET LINE
STRUCTURE
SWIMMING POOL, PORTABLE
(1)Â
(2)Â
(3)Â
THREE-BEDROOM UNIT
TOWNHOUSE
TRAILER CAMP
TRAILER CAMPER
(1)Â
(2)Â
(3)Â
TRAVEL TRAILER
TWO-BEDROOM UNIT
USE
USE, ACCESSORY
YARD, FRONT
YARD, REAR
YARD, SIDE
ZONE
Definitions.
The interest in use of the space above the land or any buildings
affixed to the land.
Any change in or addition to the supporting members of a
building such as walls, columns, beams, girders, posts or piers.
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:
BUILDING, ACCESSORYA structure which is customarily associated with and subordinate to the principal use or building and which is located on the same lot therewith.
BUILDING CODEThe adopted Building Code of the Borough of Mount Ephraim.
BUILDING COVERAGEThe square footage or other area measurement by which a building or structure occupies the land as measured on a horizontal plane around the periphery of the foundation and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the edges of the roof above the columns. The maximum "building coverage" requirements permitted by this chapter shall be the total of all structures except swimming pools.
BUILDING, HEIGHT OFThe vertical distance measured from the top of the foundation or sill to the top of the roof surface for mansard and flat roofs and to the vertical midpoint between the base of the roof and its peak for peaked roofs. (See § 525-40.)
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]
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, MULTIPLEA building containing three or more dwelling units and occupied or designed for occupancy for three or more housekeeping units living independently of each other and each with its own separate living, sleeping, cooking and sanitary facilities.
DWELLING, DETACHEDA building occupied or intended to be occupied for residence purposes by one housekeeping unit.
DWELLING, DUPLEXA building containing only two dwelling units and intended for residential occupancy by two housekeeping units living independently of the other and each with its own separate sleeping, cooking, living and sanitary facilities.
A building or part thereof having sleeping, cooking, living
and sanitary facilities for one housekeeping 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.
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.
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" 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.
A multiple dwelling in excess of two stories.
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.
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.
LOT AREAThe area contained within the lot lines of a lot but shall not include any portion of a street.
LOT, CORNERA lot on the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have two front yards, one side yard and one rear yard. A corner lot shall have a primary and a secondary front yard. The primary front yard shall be along the street frontage which the house faces. The rear yard shall be parallel to the primary front yard.
[Amended 10-7-2021 by Ord. No. 2021-16]
LOT, DEPTHThe shortest horizontal distance between the front and rear lot lines.
LOT LINEAny line forming a portion of the exterior boundary of a lot. Lot lines extend vertically in both directions from ground level.
LOT WIDTHThe horizontal distance between side lot lines.
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.
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.
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.)
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.)
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.)
A dwelling unit containing not more than one room designed,
intended and devoted to sleeping purposes.
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.
Any use of land or buildings as permitted by this chapter.
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.)
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.)
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.[1]
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.
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.
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.
SWIMMING POOL, PRIVATE (RESIDENTIAL)Artificially constructed swimming pools or tanks, plastic or otherwise, permanently established or maintained upon any premises by an individual for his own or his family's use or guests of his household as an accessory use to a residence. "Pools" shall include all buildings, structures, equipment and appurtenances thereto.
SWIMMING POOL, PUBLIC or PRIVATE CLUBEither outdoor or indoor pools which are artificially constructed to provide recreational facilities for swimming, diving or wading.
SWIMMING POOL, WADINGArtificially constructed pools not designed or used for swimming and having maximum water depth of two feet.
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.
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."
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.
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.
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.
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.
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.
A use which is customarily associated with and subordinate
to the principal use and which is located on the same lot therewith.
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.
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.
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."
