In interpreting and applying the provisions of this chapter,
they shall be held to be the minimum requirements for the promotion
of the public health, safety, comfort, convenience, order and general
welfare. Where the provisions of this chapter impose greater restrictions
than those of any statute, other ordinance or regulation, the provisions
of this chapter shall control. Where the provisions of any statute,
other ordinance or regulation impose greater restrictions than this
chapter, the provisions of such statute, ordinance or regulation shall
control.
A.Â
For the purpose of this chapter, words and terms used herein shall
be interpreted as follows:
(1)Â
Words used in the present tense include the future.
(2)Â
The singular includes the plural.
(3)Â
The word "person" includes a corporation, partnership and association
as well as the individual.
(4)Â
The word "lot" includes the word "plot" or "parcel."
(5)Â
The term "shall" is mandatory.
(6)Â
The word "used" or "occupied," as applied to any land or building,
shall be construed to include the words "intended," "arranged" or
"designed to be occupied."
(7)Â
The word "Board" and the words "Planning Board" always mean the Borough
of Penns Grove Planning Board.
(8)Â
The word "Council" or the words "Borough Council" always mean the
Borough of Penns Grove Mayor and Council.
[Amended 7-5-2017 by Ord.
No. 2017-5]
B.Â
Any word or term not defined herein shall be used with a meaning
of standard usage.
Unless a contrary intention clearly appears, the following words
and phrases shall have, for the purpose of this chapter, meanings
given in the following clauses:
ACCESSORY BUILDINGSee definition of "building."
ACCESSORY USESee definition of "use."
As applied to a building or structure, a change or rearrangement
in the structural parts or an enlargement, whether by extending on
a side or by increasing in height, or the moving from one location
or position to another.
LOT AREAThe area contained within the property lines of the individual parcels of land shown on a subdivision plan, excluding any area within an existing street right-of-way, and including the area of any easement.
BUILDING AREAThe total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings, exclusive of uncovered porches, terraces and steps.
FLOOR AREAThe sum of the areas of the several floors of a building or structure, including areas used for human occupancy and basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, attics not used for human occupancy or any floor space in an accessory building or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this chapter or any such floor space intended and designed for accessory heating and ventilating equipment.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A building or part of a building used for the transmission
and exchange of telephone or radiotelephone messages, provided that,
in residential districts, such use shall not include the transaction
of business with the public, storage of materials, trucks or repair
facilities or housing of repair crews.
A story partly underground, but having 1/2 or more of its
height (measured from floor to ceiling) above the average level of
the adjoining ground. A basement shall be counted as a story for the
purpose of height measurement or determining square footage only if
the vertical distance between the ceiling and the average level of
the adjoining ground is more than four feet or if used for business
or dwelling purposes.
A structure having a roof which is used for the shelter or
enclosure of persons, animals or property. The word "building" shall
include any part thereof.
BUILDING, ACCESSORYA subordinate building located on the same lot as a principal building and clearly incidental and subordinate to the principal building. Any portion of a principal building devoted or intended to be devoted to an accessory use is not an accessory building.
BUILDING, PRINCIPALA building in which is conducted, or is intended to be conducted, the principal use of the lot on which it is located.
That percentage of the plot or lot area covered by the building
area.
A vertical distance measured from the mean elevation of the
proposed finished grade at the street side of the building to the
highest point of the roof for flat roofs, to the decklines of mansard
roofs and to the mean height between eaves and ridge for gable, hip
and gambrel roofs.
The rear line of the minimum front yard, as herein designed
for each district, measured from the street line.
A story partly underground and having more than 1/2 of its
height (measured from floor to ceiling) below the average level of
the adjoining ground. A cellar shall not be considered in determining
the permissible number of stories or square footage, nor shall it
be used for dwelling purposes.
A building occupied by and maintained exclusively for faculty,
students or other such persons affiliated with a school, church, recreational
or educational facility or other recognized institution and when regulated
by such institution.
A building containing one or more dwelling units.
DWELLING UNITAny room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.
SINGLE-FAMILY DETACHED DWELLINGA dwelling having only one dwelling unit from ground to roof, independent outside access and open space on all sides.
SINGLE-FAMILY SEMIDETACHED DWELLINGA dwelling having only one dwelling unit from ground to roof, independent outside access and not more than two walls in common with adjoining dwellings.
MULTIFAMILY DWELLINGA dwelling having three or more dwelling units which are completely separated by party walls but share outside access.
GARDEN APARTMENTSMultifamily buildings where individual dwelling units share a common outside access. They also share a common yard area, which is the sum of the required lot areas of all dwelling units within the building. Garden apartments shall contain three or more dwellings in a single structure and have a maximum height of three stories.
MID-RISE APARTMENTSMultifamily buildings where individual dwelling units share a common outside access and elevators serve each floor. Such buildings are not less than four nor more than eight stories high. Each unit shares with other units a common yard area, which is the sum of the required lot areas of all dwelling units within the buildings.
TWO-FAMILY DUPLEX DWELLINGA dwelling having no more than two dwelling units from ground to roof, independent outside access and open space on all sides.
PATIO HOUSEA single-family detached or semidetached unit, with one dwelling unit from ground to roof, having individual outside access. The lot shall be fully enclosed by a wall of four to six feet in height. All living spaces, i.e., living rooms, dens and bedrooms, shall open into a major open area or patio.
MULTIPLEXAn attached dwelling which may be single-family attached or multifamily. In general, all units have independent outside access, but this is not necessary. Units may be arranged in a variety of configurations: side by side, back to back or vertically. The essential feature is the small number of units attached. No more than five units shall be attached in any group, and groups shall average four units per structure.
ATRIUM HOUSEA single-family attached one-story dwelling unit with individual outside access. The lot shall be fully enclosed by a wall at least seven feet high. A private yard, herein called an "atrium," shall be included on each lot. All living spaces, i.e., living rooms, dens and bedrooms, shall open into the atrium.
TOWNHOUSEA single-family attached domicile with one dwelling unit from ground to roof having individual outside access. Rows of attached townhouses shall average eight dwelling units.
An assemblage of equipment for purposes other than generation
or utilization through which electric energy in bulk is passed for
the purposes of switching or modifying its characteristics to meet
the need of the general public.
One or more persons occupying a dwelling unit as a single
nonprofit housekeeping unit, who are living together as a bona fide,
stable and committed living unit, being a traditional family unit
or the functional equivalent thereof, exhibiting the generic character
of a traditional family.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A parcel of land used or set aside and available for use
as the site of one or more buildings and buildings accessory thereto
or for any other purpose, in one ownership and not divided by a street
nor including any land within the right-of-way of a public or private
street upon which said lot abuts, even if the ownership of such way
is in the owner of the lot. A lot for the purpose of this chapter
may or may not coincide with a lot of record.
CORNER LOTA lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangent to the curve at the points beginning within the lot or at the points of intersection of the side lot lines with the street lines intersects at an angle of less than 135°.
THROUGH LOTAn interior lot having frontage on two parallel or approximately parallel streets.
DEPTH OF LOTThe mean distance from the street line of the lot to its opposite rear line measured in the general direction of the side lines of the lot.
LOT WIDTHThe distance measured between the side lot lines, at the required building setback line. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot line or street line.
LOT LINEAny boundary line of a lot including a public right-of-way line.
LOT LINE, REARAny lot line which is parallel to or within 45° of being parallel to a right-of-way, except for a lot line that is itself a legal right-of-way line and except that, in the case of a corner lot, the owner shall have the option of choosing which of the two lot lines that are not legal right-of-way lines is to be considered a rear lot line. In the case of a lot having no right-of-way frontage or a lot of an odd shape, only the one lot line furthest from any legal right-of-way shall be considered a rear lot line.
LOT LINE, SIDEAny lot line which is not a legal right-of-way line or a rear lot line.
STREET LINESee definition of "street line."
|
Sample Lot Configurations
(Letters correspond to above definitions)
 |
A commercial configuration providing any or all in combination
of in water boat slips; transient dockage; marine store and services,
including fuel and holding tank pump out; upland (or dry) boat storage;
and boat and/or engine repairs.
[Added 10-19-1999 by Ord.
No. 99-20]
A dwelling unit manufactured in one or more sections designed
for long-term occupancy, containing sleeping accommodations, a flush
toilet, a tub or shower bath and kitchen facilities, with plumbing
and electric connections provided for an attachment to outside systems,
and designed to be transported after fabrication on its own wheels
or on a flatbed or other trailer, arriving at the site where it is
to be occupied as a dwelling complete, 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 are not considered as mobile homes.
See § 450-65.
See § 450-14.
PRINCIPAL BUILDINGSee definition of "building."
PRINCIPAL USESee definition of "use."
Land set aside for use as a street, alley or other means
of travel.
EXISTING RIGHT-OF-WAYThe legal right-of-way as established by the state or other appropriate governing authority and currently in existence.
[Amended 7-5-2017 by Ord.
No. 2017-5]
FUTURE RIGHT-OF-WAYThe right-of-way deemed necessary by the Borough of Penns Grove Master Plan as appropriate to provide adequate width for future street improvements.
A person occupying any room or group of rooms forming a single
habitable unit used or intended to be used for living and sleeping,
but not for cooking or eating purposes, and paying compensation for
lodging or board and lodging by prearrangement for a week or more
at a time to an owner or operator. Any person occupying such room
or rooms and paying such compensation without prearrangement or for
less than a week at a time shall be classified for purposes of this
chapter not as a roomer, boarder or lodger but as a guest of a commercial
lodging establishment (motel, hotel, tourist home).
PUBLIC SEWERAny municipal or publicly owned sewer system in which sewage is collected from buildings and piped to an approved sewage disposal plant or central septic tank disposal system. It may also be referred to as "off-lot" or "off-site" sewer. This shall include capped sewers when installed to Borough specifications.
[Amended 7-5-2017 by Ord.
No. 2017-5]
PRIVATE SEWERAn on-lot septic tank disposal system generally providing for disposal of effluent for only one building or a group of buildings on a single lot.
That part of a building located between a floor and the floor
or roof next above.
The first story of a building is the lowest story having 75%
or more of its wall area above grade level.
A half story is a story under a gable, hip or gambrel roof,
the wall plates of which on at least two opposite exterior walls are
not more than two feet above the floor of such story.
[Amended 7-5-2017 by Ord.
No. 2017-5]
A public or private way used or intended to be used for passage
or travel by automotive vehicles. If private, such way must be used
or intended to be used as the principal means of access to abutting
lot or lots or to more than two dwelling units on a lot on which a
private way is exclusively used.
The dividing line between the street and the lot. The street
line shall be the same as the legal right-of-way, provided that where
a future right-of-way width for a road or street has been established,
then that width shall determine the location of the street line.
A combination of materials assembled, constructed or erected
at a fixed location, including a building, the use of which requires
location on the ground or attachment to something having location
on the ground.
A vehicular portable structure built on a chassis designed
as a temporary dwelling for travel, recreation, vacation and other
short-term uses, having a body width not exceeding eight feet and
a body length not exceeding 32 feet.
Any activity, occupation, business or operation carried on
or intended to be carried on in a building or other structure or on
a tract of land.
USE, ACCESSORYA use located on the same lot with a principal use and clearly incidental or subordinate to and customary in connection with the principal use.
USE, PRINCIPALThe main use on a lot.
A wind generator and all associated equipment, including
any base, blade, foundation, rotor, tower, transformer, vane, wire,
inverter, batteries or other component necessary to fully utilize
the wind generator.
[Added 4-19-2011 by Ord.
No. 2011-6; amended 7-5-2017 by Ord. No. 2017-5]
An open space, unobstructed from the ground up, on the same
lot with a structure, extending along a lot line or street line and
inward to the structure. The size of a required yard shall be measured
as the shortest distance between the structure and a lot line or street
line.
YARD, FRONTA yard between a structure and a street line and extending the entire length of the street line. In the case of a corner lot, the yards extending along all streets are front yards. In the case of a lot other than a corner lot that fronts on more than one street, the yards extending along all streets are front yards.
YARD, REARA yard between a structure and a rear lot line and extending the entire length of the rear lot line.
YARD, SIDEA yard between a structure and a side lot line, extending from the front yard to the rear yard. In the case of a lot having no street frontage or a lot of odd shape, any yard that is not a front yard or a rear yard shall be considered a side yard.
