For the purposes of this code, certain words and phrases shall have certain meanings, which for words of the singular number shall include the plural number, and vice versa, for words of the female gender shall include the male gender, and vice versa, and for words in the present tense shall include the future tense.
For the purposes of this code, the term "shall" indicates a mandatory requirement, and the term "may" indicates a permissive action.
For the purposes of this code, the meaning of words and phrases as defined in the Municipal Land Use Law shall have the meaning as defined therein, unless expressly defined to the contrary in this code.
For the purposes of this code, the following words and phrases shall have the following definitions:
- The relinquishment of property, or a cessation of the use
of property, by the owner, with the intention neither of transferring
rights of the property to another owner nor of resuming the use of
the property.[Added 8-10-2009 by Ord. No. 2009-12]
- ACCESSORY BUILDINGS OR STRUCTURES
- A subordinate building or structure, the use of which is
customarily associated with and is subordinate and incidental to a
principal building or structure, and which is located on the same
tax lot therewith, including, but not limited to the following:[Amended 8-10-2009 by Ord. No. 2009-12]
- A. (This list is not all inclusive):
- (1) Aboveground deck.
- (2) Dog houses and pens.
- (3) Fence or wall.
- (4) Freestanding air-conditioning machinery.
- (5) Patio, porch, gazebo.
- (6) Play equipment and playhouses.
- (7) Private garage, carport.
- (8) Private greenhouse.
- (9) Swimming pool.
- (10) Storage shed for personal, noncommercial use.
- (11) Studios and workshops without outdoor display for personal use.
- (12) Solar power panels.
- (13) Enclosed areas devoted to collection of trash and/or recyclables generated by the principal use.
- (14) Bus shelter or bus stand.
- (15) Sculpture, fountain, etc.
- (16) Recreational vehicle.
- B. Commercial and industrial.
- ACCESSORY RESIDENTIAL USE
- A use conducted on the same lot as a principal residential use to which it is related and located either within the same structure or in an accessory structure or as an accessory use of land such as a garage, shed, residential recreational equipment or swimming pool. It is a use that is clearly incidental to and customarily found in connection with a principal use.
- ACCESSORY USE or ACCESSORY
- A use conducted on the same lot as a principal residential use to which it is related and located either within the same structure or in an accessory structure or as an accessory use of land, except off-street parking lot when required. It is a use that is clearly incidental to and customarily found in connection with a principal use.
- A measure of land containing 43,560 square feet.[Added 8-10-2009 by Ord. No. 2009-12]
- ADJACENT LOTS
- Those lots contiguous to and immediately across a right-of-way street or road such that it would be adjacent but for the right-of-way street or road.
- ADJACENT PARKING LOTS
- Those parking lots contiguous to and immediately across a right-of-way, street or road such that it would be adjacent but for the right-of-way, street or road.
- ADMINISTRATIVE OFFICER
- The Zoning Officer of the Borough of Palmyra, or such other municipal officer as may hereafter be designated by this code, who shall exercise all of the duties, responsibilities and authority granted to the Administrative Officer by the Municipal Land Use Law.
- ADULT BUSINESS USES
- Any use described as an adult use in the License, Permits
and Miscellaneous Business Regulations Chapter of the Palmyra Municipal
Code of Ordinances.[Added 8-10-2009 by Ord. No. 2009-12]
- AGE-RESTRICTED DEVELOPMENT
- A residential development including accessory buildings and
required or permitted social, cultural, medical and recreational facilities
limited to certain age groups conforming to 24 CFR Part 100, Subpart
E, Housing for Older Persons, of the Federal Fair Housing Amendments
Act of 1988, as it may be amended or superseded.[Added 8-10-2009 by Ord. No. 2009-12]
- ALTERATIONS OR ADDITIONS, STRUCTURAL
- Any change in or additions to the supporting members of a building or structure, such as walls, columns, beams, girders, joists, or posts.
- Any exterior transmitting or receiving device mounted on
a tower, building or structure and used in communications that radiate
or capture electromagnetic waves, digital signals, analog signals,
radio frequencies (excluding radar signals), wireless telecommunication
signals or other signals.[Added 8-10-2009 by Ord. No. 2009-12]
- A room or suite of rooms in a multiple-family structure,
which is arranged, designed, used or intended to be used as a single
household unit. Complete kitchen facilities, including a sink, hot
and cold running water and cooking, and cooking facilities, permanently
installed, must always be included for each apartment.[Amended 8-10-2009 by Ord. No. 2009-12]
- The landowner or any other person holding an option or contract to purchase, or any other person authorized in writing to act for any of the foregoing persons in submitting an application under this code.
- APPLICATION FOR DEVELOPMENT
- The applicant form or appeal form, and all accompanying documents required by this code or state law to be submitted for review of a subdivision plat, site plan, conditional use, zoning variance, or direction for issuance of a permit pursuant to the Municipal Land Use Law.
- APPROVING AUTHORITY
- The Planning Board of the Borough of Palmyra or the Board of Adjustment of the Borough of Palmyra, unless some other agency is designated by state, federal or local law.
- ARTERIAL ROAD
- A general term denoting a highway primarily for through traffic usually on a continuous route.
- AS BUILT
- A survey by a New Jersey licensed land surveyor that indicates
improvements on, above, and below the ground after construction pursuant
to a final site plan or subdivision approval precedent to the issuance
of certificate of occupancy.[Added 8-10-2009 by Ord. No. 2009-12]
- AUTOMOBILE SALES BUILDING
- 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.
- AUTOMOBILE SERVICE STATION
- Land and building providing for the sale of fuel, lubricants
and automotive accessories and for the maintenance and minor repairs
for motor vehicles, excluding body repairs.[Added 8-10-2009 by Ord. No. 2009-12]
- AUTOMOTIVE AND/OR TRAILER SALES AREA
- 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 to the sale.
- AUTOMOTIVE DETAIL
- The washing, waxing, polishing or cleaning of motor vehicles
by hand. "Automotive detail" does not include automotive repair work.[Added 8-10-2009 by Ord. No. 2009-12]
- A rooflike cover that is temporary or movable in nature and
that projects from the wall of a building for the purpose of shielding
a doorway or window from the elements and that may be periodically
retracted against the face of the building.[Added 8-10-2009 by Ord. No. 2009-12]
- An unroofed outdoor living area cantilevered from the face
of a building on second or higher floors extending no more than 10
feet therefrom.[Added 8-10-2009 by Ord. No. 2009-12]
- BASE FLOOD ELEVATION
- The highest elevation, expressed in feet above sea level,
of the level of floodwaters occurring in the regulatory base flood.[Added 8-10-2009 by Ord. No. 2009-12]
- A story partly or wholly underground. For purposes of height
measurement, a basement shall be counted as a story where more than
1/2 of its floor-to-ceiling height is above the average level of the
adjoining ground.[Amended 8-10-2009 by Ord. No. 2009-12]
- A one-family dwelling with five or fewer guest rooms available
as overnight accommodations for compensation to guests for no more
than 14 consecutive days per stay. A bed-and-breakfast has no cooking
facilities for use by the guests and is operated by a resident owner.[Added 8-10-2009 by Ord. No. 2009-12]
- A room planned and used primarily for sleeping, separable from other rooms by a door, and accessible to a bathroom without going through another bedroom.
- A mound of soil, either natural or constructed, used for
one or more of the following purposes: screening, buffer, separator,
landscape feature, noise attenuator, dam, or stormwater control.[Added 8-10-2009 by Ord. No. 2009-12]
- A tract of land bounded by streets or, in lieu of a street
or streets, by public parks, cemeteries, railroad rights-of-way, bulkhead
lines or shorelines or waterways or a corporate boundary line of the
Borough.[Added 8-10-2009 by Ord. No. 2009-12]
- BODY SHOP
- A use providing for the repair, repainting or restoration
of the bodies and frames of motor vehicles.[Added 8-10-2009 by Ord. No. 2009-12]
- The Borough of Palmyra, in the County of Burlington, and State of New Jersey.
- A structure or extension thereof or addition thereto having a roof supported by such things as columns, posts, piers or walls, and intended for the shelter, housing or enclosing of persons, animals or property.
- BUILDING AREA
- The space remaining on a zoning lot after the minimum setback
and open space requirements of this code have been complied with.[Added 8-10-2009 by Ord. No. 2009-12]
- BUILDING COVERAGE
- The area of a horizontal section of building at the foundation extremities.
- BUILDING HEIGHT
- The vertical distance measured from the mean elevation of the finished grade at the foundation along the side(s) of the building facing the street, or at the street line if the street line is within 10 feet distance from the foundation, to the highest point on the roof surface. In all instances where this code provides for a height limitation by reference to a specified height and a specified number of stories, the intent is to limit the height to the specified maximum height and the specified number of stories within that height.
- BUILDING LENGTH
- The horizontal measurement of any continuous building wall.
- BUILDING SETBACK LINE
- An established line within a property defining the minimum required distance between the face of any structure to be erected and the specified right-of-way or property line. This face, as measured to the major portion of the structure, includes sun parlors, foyers, bay windows, porches, projecting eaves, dormers, gutters and any other solid projections and solid entrances.
- Describes 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 and all other structures.
- BULK REGULATIONS
- Standards and controls that establish the maximum and/or
minimum size of buildings and structures on a lot, the buildable areas
within which a building or structure may be located, including area,
coverage, setback, height, floor area ratio, and yard or other requirements
that affect the physical placement of building and structures on a
parcel of land.[Added 8-10-2009 by Ord. No. 2009-12]
- BUSINESS OFFICE
- The office of any legal enterprise, which is identified by a legal exterior sign, employs personnel who must come to the business, etc., but excluding retail uses, professional uses, personal service uses, and banks.
- For measurement of nursery stock, the diameter of a tree
trunk measured in inches at a point 12 inches above the natural grade.[Added 8-10-2009 by Ord. No. 2009-12]
- Any structure, supported or unsupported, other than an awning,
made of cloth or metal with frames attached to a building or structure
and carried by a frame supported by the ground or sidewalk.[Added 8-10-2009 by Ord. No. 2009-12]
- A temporary or permanent open-sided shelter used, designed
for or intended to be used for an automotive vehicle, which shall
be considered accessory to the principal use. Prior to erection of
a carport therefor, application shall be made with the Zoning Officer.[Amended 8-10-2009 by Ord. No. 2009-12]
- The actual road surface area from curbline to curbline which
may include travel lanes, parking lanes, and de-acceleration and acceleration
lanes. Where there are no curbs, the cartway is that portion between
the edges of the paved or hard surface width.[Amended 8-10-2009 by Ord. No. 2009-12]
- CAR WASH
- A structure used for the purpose of cleaning the exterior and interior surfaces of automotive vehicles, but not including an incidental one-bay washing facility in a gasoline service station where washing facilities are purely incidental to the operation of said service station. A self-operated vehicular laundering facility not requiring attendants or employees, regardless of capacity, is also considered to be a car wash.
- A story partly above grade level, having more than 1/2 its
floor-to-ceiling height below the average level of the adjoining ground.
No cellar or portion thereof shall be used as a dwelling unit, commercial
workplace or habitable area. A cellar shall not be counted as a story
for the purpose of height measurements.[Added 8-10-2009 by Ord. No. 2009-12]
- CENTER LINE OF STREET
- See "street, center line of."
- CERTIFICATE OF OCCUPANCY
- A statement signed by the Construction Official setting forth either that a building or structure does comply with this chapter, or that a building, structure or parcel of land may lawfully be used for specified uses, or both.
- CHILD-CARE CENTER
- An establishment providing for the care, supervision, and
protection of children licensed by the Department of Community Affairs
as a provider of services. By definition, a child-care center shall
not be considered an educational facility, or an educational use or
uses under the Zoning Code.[Amended 8-10-2009 by Ord. No. 2009-12]
- CHURCH AND HOUSE OF WORSHIP
- A property which is actually and exclusively used for religious purposes, and which serves a place where an assemblage of people congregate to worship their God publicly in a manner most acceptable to them.
- An organization operated for social or fraternal purposes.
- COLLECTOR ROAD
- Conducts and distributes traffic between local streets and arterial streets.
- Use of a common wireless telecommunications tower or a common
site by two or more wireless license holders or by one wireless license
holder for more than one type of communications technology and/or
placement of a wireless telecommunications tower on a structure owned
or operated by a utility or operated by a utility or other public
entity.[Added 8-10-2009 by Ord. No. 2009-12]
- COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES
- Licensed commercial wireless telecommunications services,
including cellular, personal communications services, specialized
mobilized radio, enhanced specialized mobilized ratio, paging and
similar services that are marketed to the general public.[Added 8-10-2009 by Ord. No. 2009-12]
- COMMON PROPERTY
- A parcel or parcels of land, or an area of water, or a combination thereof, together with the improvements thereon, intended for the ownership, use and enjoyment of the owners and residents of a development. Common property may contain such accessory structures and improvements as are necessary for the use or enjoyment of the owners and residents of a development.
- COMPLETE APPLICATION
- An application form completed as specified by this code and the rules and regulations of the Borough of Palmyra and all accompanying documents required by this code for review of the application for development, including where applicable, but not limited to, a site plan or subdivision plat; provided that the municipal agency may require such additional information not specified in this code or revisions to the accompanying documents as are reasonably necessary to make an informed decision as to whether the requirements necessary for approval of the application for development have been met.
- 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 the code, and upon the issuance of an authorization therefor by the Planning Board.
- A system of ownership of individual units in a multiunit structure or group of structures combined with joint ownership of commonly used property (sidewalks, hallways, stairs, etc.) and as defined by statute.
- CONSTRUCTION OFFICIAL
- The Subcode Official of the Borough of Palmyra.
- CONSTRUCTION TRAILER
- A mobile unit used at construction sites for office and storage purposes. All such units shall be removed no later than 30 days following the issuance of the last certificate of occupancy in the project.
- CONVENIENCE STORE
- A retail store which sells a limited variety of prepackaged
sundries, dry goods and food, with hours of operation generally from
7:00 a.m. to 11:00 p.m., or longer, and not larger than 4,000 square
feet.[Added 8-10-2009 by Ord. No. 2009-12]
- CORNER LOT
- A lot on the junction of land abutting two or more intersecting
streets where the interior angle of intersection does not exceed 135°.
Each corner lot shall have one front and one side yard with the front
yard being the side upon which the front of the building is located.[Added 8-10-2009 by Ord. No. 2009-12]
- COVERAGE, BUILDING
- The square footage or other area measurement by which all buildings occupy a lot as measured in a horizontal plane around the periphery of the facades and including the area under the roof of any structure supported by columns, but not having walls, as measured around the outside of the outermost extremities of the roof above the columns and including decks and open porches.
- COVERAGE, HARD SURFACE
- The square footage or other area measurement by which all buildings, parking lots, masonry patios, driveways, sidewalks, etc. and impervious surfaces cover a lot as measured in a horizontal plane.
- A local street with only one outlet and having an appropriate
terminal for reversal of traffic movement.[Added 8-10-2009 by Ord. No. 2009-12]
- CURB LEVEL
- The elevation of the top of the curb or the curb grade approved by the Borough Engineer. Where the building does not adjoin the street, the average elevation of the proposed grade line of the ground immediately adjacent to the buildings as shown on the building plans shall be considered as the curb level.
- The line of the curb as presently existing or as may hereafter be established by the governing body of the Borough.
- DAY-CARE CENTER
- A child-care facility that provides care less than a twenty-four-hour
basis to no more than five children more than 2 1/2 years of
age.[Added 8-10-2009 by Ord. No. 2009-12]
- Calendar days.
- DENSE GRADED AGGREGATE
- Crushed stone and gravel material.[Added 12-12-2011 by Ord. No. 2011-26]
- The number of dwelling units permitted in development, expressed as units per acre.
- DETACHED HOUSE
- One that has yard areas on all sides.
- DETENTION BASIN
- A stormwater management basin or alternative structure designed
to temporarily detain stormwater runoff.[Added 8-10-2009 by Ord. No. 2009-12]
- The division of a parcel of land into two or more parcels, the construction, reconstruction, conversion, structural alteration, relocation or enlargement of any building or other structure, the change in any site conditions, or the use or change in use of any building, structure or lot for which approval may be required under this code.
- DISH ANTENNAS
- A dish-type antenna is defined as a saucer or circular shaped antenna functioning as an antenna for reception of television programming. Such objects are also known as "satellite dishes," "earth stations," and "home video earth stations."
- DOG KENNEL
- The keeping of more than three dogs that are more than six months old for breeding, sale or boarding.
- DRAINAGE OR UTILITY RIGHT-OF-WAY
- The lands required for the installation and maintenance of stormwater and sanitary sewers, water pipes or drainage ditches and other utilities, 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.
- Paved or other surfaced area for access by vehicle from a
street, road or alley to the interior of a lot or parcel of land,
a building or other structure or facility.[Amended 12-12-2011 by Ord. No. 2011-26]
- A room or series of connected rooms used for permanent or temporary residency and containing living, sleeping and sanitary facilities for one family. The dwelling unit shall be self-contained and shall not require the resident or occupant to move from one portion of the dwelling unit to another portion thereof by use of exterior stairs or routes, by passing through another dwelling unit or by use of indirect routes. A dwelling unit shall not share any interior facilities with another dwelling unit.
- DWELLING, DUPLEX
- A two-family dwelling with one dwelling unit above the other,
having a single front entrance or one front and one side entrance
on the first floor level and all exterior characteristics of a one-family
dwelling, provided an outside, enclosed stairway located parallel
and adjacent to the rear of the dwelling shall be permitted for direct
access to the second floor and having separate individual sewerage
and water facilities and connections.[Added 8-10-2009 by Ord. No. 2009-12]
- DWELLING, MUTLIFAMILY (APARTMENT)
- One or more rooms with private bath and kitchen facilities
comprising an independent, self-contained dwelling unit in a building
comprising three or more such units and having separate individual
sewerage and water facilities and connections.[Amended 8-10-2009 by Ord. No. 2009-12]
- DWELLING, SEMIDETACHED SINGLE-FAMILY
- A building containing two dwelling units side by side on
adjoining lots and having a common or party wall and having separate
individual sewerage and water facilities and connections.[Added 8-10-2009 by Ord. No. 2009-12]
- DWELLING, SINGLE-FAMILY
- A building physically separated from other buildings or portions
of buildings which is occupied or intended to be occupied for residential
purposes by one family.[Amended 8-10-2009 by Ord. No. 2009-12]
- DWELLING, TOWNHOUSE
- A building containing three or more attached dwelling units
erected in a row on adjoining lots, each unit being separate from
the adjoining unit, but attached by a common or party wall, and each
unit having separate individual outside access and individual public
water and sewerage facilities and connections.[Amended 8-10-2009 by Ord. No. 2009-12]
- A use or burden imposed on real property to permit a specific use of land by anyone other than the landowner.
- EMPLOYEES or NUMBER OF EMPLOYEES
- 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.
- Any obstruction in a delineated floodway, right-of-way or
adjacent land.[Added 8-10-2009 by Ord. No. 2009-12]
- An addition to the floor area of an existing building, an increase in size of another structure or an increase in that portion of a tract of land occupied by an existing use.
- One or more individuals occupying a dwelling unit and living as a single household unit.
- FAMILY DAY CARE
- The care, during regular business hours, of no more than
five children at any time which children are not related to the caregiver.
Family day care shall be allowed as a home occupation, in any district.[Added 8-10-2009 by Ord. No. 2009-12]
- FAMILY MEMBER SUITE
- Portion of a single-family detached or attached structure established either within the footprint of the existing dwelling or by additions thereto, permitting a semiprivate living condition for family members of the occupants therein, provided the suite is accessible from the main entrance of the dwelling and is not segregated by a permanent barrier from other portions thereof; there is no separate kitchen nor splitting of utilities.
- An artificially constructed barrier of any nonliving material or combination of such materials erected to enclose, screen or separate areas of land.
- FIRE STATION
- A building used primarily for the housing of firefighting equipment and related space.
- FLOOD INSURANCE RATE MAP (FIRM)
- An Official Map of the Borough on which have been delineated
the boundaries of the flood hazard areas in the Borough for flood
insurance purposes.[Added 8-10-2009 by Ord. No. 2009-12]
- The relatively flat area adjoining a river or watercourse which has been or may be covered by floodwater, including the following components:
- FLOOR AREA (F.A.)
- The entire enclosed floor areas of a building or structure, measured from the outside of the exterior walls, including attics and basements having no less than 6.5 feet of headroom, except for attached garages used primarily for the storage of motor vehicles and all detached garages.
- FLOOR AREA RATIO (F.A.R.)
- The ratio of the total floor area to the area of the lot or tract.
- FOOD CATERING SERVICE
- The activity of providing food or beverages or both, along
with the necessary accessories for serving these products for social,
institutional, or business events at sites off the business establishment's
premises. Food or beverages prepared for ordinary meals or for individual
consumption is not catering and when delivered would be a food delivery
service.[Added 8-10-2009 by Ord. No. 2009-12]
- FOOD DELIVERY SERVICE
- Any establishment which prepares food and beverages to fill
orders from off the site where the order is taken for delivery to
off-site locations for customers as prepared and delivered.[Added 8-10-2009 by Ord. No. 2009-12]
- FRONT YARD
- A space existing the full width of the lot between any building
and the front lot line and measured perpendicular to the building
at the closest point to the front lot line.[Added 8-10-2009 by Ord. No. 2009-12]
- In residential districts, the term refers to a structure
that is accessory to a single- or two-family dwelling, is used for
the parking and storage of items owned by the residents thereof, and
is not a separate commercial enterprise available to the general public.
A garage is to contain more than 200 square feet; structures containing
less than 200 square feet shall be considered and regulated as a storage
shed regardless of the items placed within it.[Amended 8-10-2009 by Ord. No. 2009-12]
- GARDEN APARTMENTS
- A group of multifamily dwelling units architecturally designed with some of the units placed on top of other units, two stories in height, designed for rental of the individual units, having common spaces.
- GASOLINE STATION
- Lands, buildings and structures providing for the sale of fuel, lubricants and automotive accessories. Maintenance and minor repairs for motor vehicles may be provided, but no body repairs, or painting, or extended storage of inoperable or wrecked motor vehicles shall be permitted. Additionally, motor vehicle rental service, parking for a fee, or other activity not specifically part of a gasoline station shall not be permitted.
- GOOD CONDITION (PERTAINING TO A PARKING SPACE AND/OR A DRIVEWAY SURFACE)
- A parking space and/or driveway that is well delineated in
straight lines within the required setbacks, and the surface material
for the parking space or driveway is constructed from an impervious
material, dense graded aggregate, or permeable material that is kept
free of grass, and the surface is maintained in a safe condition without
tripping or icing hazards.[Added 12-12-2011 by Ord. No. 2011-26]
- A finished product.
- GOVERNING BODY
- The Mayor and Council of the Borough of Palmyra.
- The slope of a road, path, driveway, swale or other surface; or the average finished ground elevation adjoining a building or structure at project completion.
- GROSS FLOOR AREA (GFA)
- The total area measured around the outside of the building
at each story. If sharing a common wall, the area shall be measured
from the center of the interior walls and the outside of exterior
walls. In residential uses, the gross floor area shall exclude the
areas of the garage, attic, open porch or patio, cellar, unfinished
basement, utility areas, heating and cooling rooms. In nonresidential
structures, the gross floor area shall exclude areas used for utility,
heating, cooling and other mechanical equipment but shall include
all other areas, including cellars, basements, warehousing and storage
areas.[Added 8-10-2009 by Ord. No. 2009-12]
- GROUND FLOOR
- The main or first floor of a building, usually containing the most visually significant entrance to the building.
- Any nonfamily member who is invited to occupy a dwelling
unit or accessory building by the occupying family, without compensation,
for not more than 30 days in any one calendar year. This definition
shall not apply to hotels.[Added 8-10-2009 by Ord. No. 2009-12]
- HIGHWAY ACCESS POINT
- The distance between any vehicle entrance or exit to a street and the next adjoining vehicle entrance or exit on the same street.
- HOME OCCUPATION
- Any activity conducted or engaged in by a person, within
the residential dwelling occupied as his or her permanent residence,
as a business, profession, or service, for financial gain, or as a
nonprofit service to the community. Such use is an accessory use to
the primary use of the property, which is residential. Such professional
occupation shall include an architect, certified public accountant,
engineer, insurance agent, and land surveyor, lawyer, planning consultant,
psychologist, realtor and other similar professionals.[Amended 8-10-2009 by Ord. No. 2009-12]
- HOME OFFICE
- The use of a defined portion of a residential dwelling for
work-related purposes as an office area by one or more members of
the household residing on the premises.[Amended 8-10-2009 by Ord. No. 2009-12]
- Any building or group of buildings, containing 10 or more
guest rooms, and/or dwelling units which are intended, used or designed
to be rented, let, or hired out for compensation by automobile tourists
or other transients, whether such compensation be paid directly or
indirectly.[Added 8-10-2009 by Ord. No. 2009-12]
- IMPERVIOUS SURFACE COVERAGE
- Any coverage which reduces natural infiltration and increases
runoff, or as coverage which reduces the absorption of stormwater
into previously undeveloped land, or as buildings, structures and
paved surfaces which reduce the natural absorption of water.[Added 8-10-2009 by Ord. No. 2009-12]
- IMPERVIOUS SURFACE or HARD SURFACE
- A surface that has been covered with a layer of material
so that it is highly resistant to the infiltration of water and causes
surface runoff.[Amended 12-12-2011 by Ord. No. 2011-26]
- IMPROVED OPEN SPACE
- That portion of a lot excluding areas set aside or used for buildings, parking, loading and streets, such area to be devoted to recreational uses and/or play areas with appropriate recreational equipment, park furniture and landscape plantings.
- Any type of structure, excavation or paved section, excluding driveway or curb.
- In street design, a raised area, usually curbed, placed to
guide traffic and separate lanes, or used for landscaping, signing,
or lighting.[Added 8-10-2009 by Ord. No. 2009-12]
- An area of land, with or without buildings, used for the storage of used and discarded metal, building 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.
- A freestanding structure upon which temporary information
and/or posters, notices and announcements are posted.[Added 8-10-2009 by Ord. No. 2009-12]
- 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 person(s) having a proprietary interest in land.
- LANDSCAPE SCREEN
- A completely planted visual barrier that complies with all of the standards and requirements set forth in the Subdivision Ordinance.
- LOADING SPACE
- An off-street parking space or berth located on the same lot with a building or group of buildings, and used for the temporary parking of a commercial motor vehicle while loading or unloading.
- LOCAL ROAD
- Provides access to lots and carries traffic with destinations or origin on the street itself. Designed to carry the least amount of traffic at the lowest speed.
- Any parcel, tract or area of land established by a subdivision plat or deed of record, or otherwise as permitted by law, except that for the purposes of this code, contiguous undersized lots under one ownership shall be considered to be one lot, and no portion of an existing public street or right-of-way shall be included in calculating a lot boundary or lot area.
- LOT AREA
- The area contained within the lot lines of a lot and not including any portion of a street or right-of-way.
- LOT CORNER
- A lot on the junction of land abutting two or more intersecting streets where the interior angle of intersection does not exceed 135°. Each corner lot shall have one front yard and two side yards with the front yard being the side upon which the front of the building is located.
- LOT COVERAGE
- The aggregate of all impervious surfaces on a lot, including houses, sun parlors, foyers porches, breezeways, projecting eaves, gutters, awnings, pools, steps, patios, decks, driveways, walks and other impervious surfaces.
- LOT DEPTH
- The shortest horizontal distance between the front lot line and a line drawn parallel to the front lot line through the midpoint of the rear lot line.
- LOT FRONTAGE
- The horizontal distance between the side lot lines measured along the street line. In the case of a corner lot, either street frontage which meets the required minimum frontage for that zone may be considered the lot frontage. Frontage shall be determined by the address indicated as the property in the property identification portion of the tax records of the Borough of Palmyra at the time of passage of this code.
- LOT INTERIOR
- Any lot that is not a corner lot.
- LOT, THROUGH
- An interior lot.
- LOT WIDTH
- The horizontal distance between the side lot lines at the required setback line. Where the side lot lines are not perpendicular to the street line, the minimum lot width shall be measured perpendicularly across the lot from the minimum required building setback line on the one side lot line that creates the larger front yard.
- MAINTENANCE GUARANTEE
- Any security, other than cash, acceptable to the governing body to assure the maintenance of duly approved improvements installed by the developer after the final inspection of the improvements and acceptance of the improvements by the governing body, and in accordance with the requirements of statute and this code.
- A function involving either the processing or production of materials, goods or products.
- MASTER PLAN
- A composite of one or more written or graphic proposals for
the development of the municipality as set forth in and adopted pursuant
to Municipal Land Use Law, N.J.S.A. 40:55D-28.[Amended 8-10-2009 by Ord. No. 2009-12]
- MEAN ELEVATION
- The average of the ground level measurements of the four extreme corner points of any proposed or existing building or structure.
- MEDICAL CLINIC
- A building constructed as a professional building for the offices of two or more medical practitioners.
- MIXED OCCUPANCY
- Occupancy of a building or land for more than one use.
- A single, freestanding pole-type structure, tapering from
base to top, and supporting one or more antennas for wireless transmission.[Added 8-10-2009 by Ord. No. 2009-12]
- MULTIPLE-FAMILY DWELLINGS
- See "dwelling, multiple."
- MUNICIPAL AGENCY
- The Planning Board, governing body, or any other municipal agency acting pursuant to the Municipal Land Use Law.
- MUNICIPAL LAND USE LAW
- N.J.S.A. 40:55D-1 et seq.
- MUNICIPAL USE
- The use of land, building or structures by the Borough or by any officially created authority or agency thereof.
- NONCONFORMING BUILDING
- Any building which does not conform to the regulations of
this code prescribing the maximum floor area ratio, required yards,
coverage, height, or setbacks, minimum required spacing between building
on a single lot or minimum required usable open space for the district
in which such building is located.[Amended 8-10-2009 by Ord. No. 2009-12]
- NONCONFORMING LOT
- A lot which does not have the minimum frontage, or width, or depth, or contain the minimum lot area required to conform to the requirements of this code for the zone in which it is located.
- NONCONFORMING USE
- A use of a building, structure or lot which does not conform to the requirements of this code for the zone in which it is located.
- OFF SITE
- Not located on the lot or property which is the subject of the development application, nor on a contiguous portion of a public right-of-way.
- OFF-STREET PARKING FACILITY
- A parking area, as hereinafter defined, for the parking of passenger vehicles of the occupants, employees, visitors and patrons of specified types of buildings which is not located on a municipal right-of-way.
- ON SITE
- Located on the lot or property which is the subject of the development application.
- PAPER STREET
- A marked street on a map or plat recorded with the Borough
that shows the existence of an intended public right-of-way, which
such "paper street," however, has not yet been physically improved
on the location marked on the map.[Added 8-10-2009 by Ord. No. 2009-12]
- PARKING AREA
- An open, off-street land area, including parking spaces and access and egress drives or aisles, used or required by this chapter for the parking of automobiles or other vehicles exclusively and in which no gasoline or automobile accessories are sold and no other businesses is conducted.
- PARKING SPACE
- An area of not less than nine feet in width by 18 feet, either within a building or structure or in the open, for the parking of motor vehicles, and exclusive of driveways, access drives, fire lanes and public rights-of-way, except that nothing herein shall prohibit private and individual driveways for individual dwelling units from being considered off-street parking spaces, provided that no portion of such private driveway in front of the building setback line shall be considered to be a parking space. A parking space is intended to be sufficient to accommodate motor vehicles, whether or not wheel blocks are installed within this area to prevent the bumper from overhanging one end of the parking space. The width and length of each space shall be measured perpendicularly to each other, regardless of the angle of the parking space to the access drive or driveway.
- The dwelling provided by a church for the use of its minister
or priest in which no regular worship assemblies are held.[Added 8-10-2009 by Ord. No. 2009-12]
- A level, landscaped and/or surfaced area at grade directly
adjacent to a principal building; an unroofed porch.[Added 8-10-2009 by Ord. No. 2009-12]
- A surface created to facilitate passage of people and/or
vehicles, usually constructed of brick, stone, concrete or asphalt.[Added 8-10-2009 by Ord. No. 2009-12]
- PERFORMANCE GUARANTEE
- Any security, acceptable to the governing body to assure the construction of duly approved improvements installed by the developer in accordance with the approved development application, and in accordance with the requirements set forth in N.J.S.A. 40:55D-53.3 and this code.
- PERMITTED USE
- Any use of land, buildings or structures that is permitted by this code.
- Any individual, firm, partnership, agency or corporation.
- PERSONAL SERVICE USE
- The office or place of business of a member of one of the following legal occupations, maintained for the conduct of that occupation: cleaner, tailor, barber, beautician, manicurist, milliner and cobbler.
- PERVIOUS SURFACE
- Any surface that permits full or partial absorption of stormwater
to be absorbed into the soil below. Constructed pervious surfaces
(i.e., permeable pavers, porous asphalt, porous concrete, open paver
blocks, etc.) are considered pervious surfaces.[Added 12-12-2011 by Ord. No. 2011-26]
- PERVIOUS SURFACE COVERAGE
- Surfaces that permit a significant portion of surface water
to be absorbed. Such as grassed areas, crushed stone used as a decorative
landscaping or landscaped beds with an exception being decorative
stone or similar landscaping treatments.[Added 8-10-2009 by Ord. No. 2009-12]
- 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.
- PRELIMINARY APPROVAL
- The conferral of certain rights pursuant to N.J.S.A. 40:55D-46,
48 and 49 prior to final approval after specific elements of a development
plan have been agreed upon by the Land Use Board and the applicant.[Added 8-10-2009 by Ord. No. 2009-12]
- Any lot, area or tract of land, whether used in connection with a building or not.
- PRINCIPAL BUILDING OR STRUCTURE
- A building in which is conducted the principal use of the lot on which it is located.
- PRINCIPAL USE
- The main purpose for which any lot and/or building is used.[Amended 8-10-2009 by Ord. No. 2009-12]
- PRIVATE GARAGE
- An accessory structure for the storage of a maximum of three vehicles owned or operated by the occupant(s) of the premises upon which the principal building, to which the garage is accessory, is situated.
- PROFESSIONAL OFFICE
- The office of a member of a recognized and legal profession maintained for the conduct of that profession, including accounts, appraisers, attorneys, certified landscape architects, chiropractors, dentists, financial planners, insurance brokers, physicians, podiatrists, professional engineers, professional planners, psychoanalysts, real estate agent, registered architects, surveyors, veterinarian, and no others.
- A lot or plot with or without buildings or other improvements located thereon.
- PUBLIC GARAGE
- A building other than a private garage used exclusively for the storage of vehicles.
- A use owned by a nonprofit, religious institution and providing
educational, cultural, recreational, religious or similar types of
public programs.[Added 8-10-2009 by Ord. No. 2009-12]
- RECREATIONAL AREA
- A private or public space, including essential buildings and structures, used for play and recreational space for individuals or groups of individuals.
- RECREATIONAL VEHICLE
- A transportation, self-propelled or capable of being towed
by a passenger car, station wagon or small pickup truck or panel truck,
of such size and weight not to require any special highway movement
permits and primarily designed or constructed to provide temporary,
movable, living quarters for recreational, camping or travel use,
but not while so parked, stored or garaged in the Borough of Palmyra
and not for any commercial purposes or for profit. The term "recreational
vehicle" shall be limited to the following:[Added 8-10-2009 by Ord. No. 2009-12]
- A. Travel trailers or fifth-wheel trailers which are defined as portable structures built on a chassis with wheels as an integral part to make them mobile and intended to be towed by passenger cars, station wagons and/or light pickup trucks or panel trucks, but not including truck tractors of any type. The maximum length of any travel or fifth-wheel trailer which may be parked or stored unenclosed in the rear yard of any residential lot is 28 feet.
- B. Camping trailers which are trailers, the walls of which are so constructed as to be collapsible and made of either canvas or similar cloth or rigid material such as fiber glass, plastic or metal. Camping trailers are mounted on wheels and designed for travel and recreational use.
- C. Pickup campers or truck caps which are recreational structures designed to be mounted in the bed of light pickup trucks and are designed for travel, storage or recreational use.
- D. Motor homes which are constructed with a truck or motor-van chassis and incapable of being separated therefrom. The maximum length of any motor home which may be parked or stored unenclosed in the rear yard of any residential lot is 35 feet.
- E. A boat or snowmobile or jet ski or trailers of same. That may be transported and which is towable by a passenger car, station wagon, light pickup or panel truck or mobile home. The maximum length of any boat which may be parked or stored unenclosed in the rear yard of any residential lot is 35 feet. No boat shall be occupied overnight nor hooked up to permanent utility services.
- RESCUE SQUAD and/or AMBULANCE ASSOCIATION
- A service provided to the general public in emergency and nonemergency situations for the preservation of life and property.
- RESIDENTIAL SITE IMPROVEMENT STANDARDS
- N.J.A.C. 5:21 et seq.[Added 8-10-2009 by Ord. No. 2009-12]
- Any establishment, however designated, at which food is sold primarily for consumption on the premises. A snack bar or refreshment stand at a facility such as a public or community park, playfield or playground, or at a swimming pool or swimming club, and operated solely by the agency or group running the facility for the convenience of the patrons thereof, shall not be deemed to be a restaurant.
- The further division of a lot or the adjustment of a lot line or lot lines.
- RETAIL USE
- A place of business engaged in selling tangible goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods or merchandise. Real estate agencies and travel agencies are retail uses.
- RETENTION BASIN
- A stormwater management basin designed to retain some water
on a permanent basis.[Added 8-10-2009 by Ord. No. 2009-12]
- The lines upon which the width of the abutting street is established, i.e., the property lines, not the curbline.
- The outside covering of the top of a building.
- SATELLITE DISH ANTENNA
- A saucer or circular shaped antenna functioning as an antenna for reception or transmission of television, radio, microwave or similar signals. Such antennas are also known as "satellite dishes," "satellite earth stations" and "home video earth stations."
- Any building or parts thereof that is designed, constructed,
or used for education or institution in any branch of knowledge which
is licensed by the State Department of Education.[Added 8-10-2009 by Ord. No. 2009-12]
- SCHOOL, ELEMENTARY
- Any school that meets state requirements for elementary education.[Added 8-10-2009 by Ord. No. 2009-12]
- SCHOOL, SECONDARY
- Any school that is licensed by the State Department of Education
and authorized to award diplomas for secondary education.[Added 8-10-2009 by Ord. No. 2009-12]
- SENIOR CITIZEN HOUSING
- Housing especially designed and constructed for the use of elderly or handicapped families, which means families consisting of two or more persons, one of whom is 62 years of age or older or is handicapped, or means a single person who is 62 years of age or older or is handicapped. A person shall be considered handicapped if they have a physical impairment which is expected to be of long, continued and indefinite duration, which substantially impairs their ability to live independently, and which is of such a nature that such disability could be ameliorated by more suitable housing conditions.
- The line parallel to the street line or lot line formed by
the intersection of the plane of the lot with a plane established
by the point of a building nearest to the street line or lot line.[Amended 8-10-2009 by Ord. No. 2009-12]
- SETBACK REQUIRED
- A line that is established in this chapter 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.[Amended 8-10-2009 by Ord. No. 2009-12]
- A detached accessory structure of customary size, fully enclosed,
which serves as a place of storage or shelter of household items incidental
to the principal use of the main building or premises.[Added 8-10-2009 by Ord. No. 2009-12]
- SIDE YARD
- A space extending from the front yard to the rear yard between
the principal building and the side lot line and measured perpendicular
from the side lot line to the closest point of the principal building.[Added 8-10-2009 by Ord. No. 2009-12]
- SIGHT EASEMENT AT INTERSECTION
- The triangular area established in accordance with the requirements of this code in which no grading, planting or structure shall be erected or maintained more than one foot above the elevation of the adjacent curb (or, if no curb, the street), except for street signs, fire hydrants or utility poles, and other similar structures erected by or with the permission of the Borough.
- SIGHT TRIANGLE
- A triangular-shaped portion of land established at street
intersections in which nothing is erected, placed, planted or allowed
to grow in such distance of motorists entering or leaving the intersection.[Added 8-10-2009 by Ord. No. 2009-12]
- SITE IMPROVEMENTS
- Any construction work on, or improvement in connection with,
development limited to streets, roads, parking facilities, sidewalks,
drainage structures and utilities.[Added 8-10-2009 by Ord. No. 2009-12]
- SITE PLAN
- A development plan of one or more lots on which is shown:
- A. The existing and proposed conditions of the lot, including but not limited to topography, vegetation, drainage, floodplains, marshes and waterways;
- B. The location of all existing and proposed buildings, drives, parking spaces, walkways, means of ingress and egress, drainage facilities, utility services, landscaping, structures and signs, lighting, screening devices; and
- C. Any other information that may be reasonably required in order to make an informed determination concerning the adequacy of the development plan in accordance with the requirements of this code.
- SITE PLAN, MAJOR
- Any site plan which is not a minor site plan.
- SITE PLAN, MINOR
- Any site plan which is limited to the proposed construction of any permitted accessory use expressly permitted by this code, or which consists of an expansion of or addition to an existing conforming structure and use, providing that such site plan does not involve the installation of any road improvements or the expansion of any public facilities.
- The underside of a part or member of a building, such as an overhang.
- That portion of a building included between the surface of any floor and the surface of the next floor above it or, if there is no floor above it, then the portion of the building included between the surface of any floor and the ceiling next above it. For the purpose of this code, the interior of the roof having less than 6.5 feet of headroom shall not be considered to be a ceiling.
- Any street, avenue, boulevard, road, parkway, highway, drive or other way which:
- STREET, CENTER LINE OF
- A line which is at an equal distance from both street lines.
- STREET LINE
- The edge of the existing or future street right-of-way, whichever may result in the wider street, as shown on the adopted Master Plan or Official Map, and which forms the dividing line between the street and the adjacent lot.
- STRUCTURAL ALTERATION
- Any change in or addition to the supporting members of a building or structure, such as bearing-wall partitions, columns, beams or girders.
- Anything constructed, assembled, or erected which requires location on the ground or attachment to something having such location on or in the ground, including but not limited to buildings, decks, fences, tennis courts, tanks, towers, signs, and swimming pools.
- The division of a tract, lot or parcel of land into two or more lots, tracts, parcels or other division of land for sale or development.
- A. The following shall not be considered subdivisions within the meaning of this code if no new streets are created:
- (1) Divisions of property by testamentary or intestate provisions;
- (2) Divisions of property upon court order, including but not limited to judgments of foreclosure;
- (3) Consolidation of existing lots by deed or other recorded instrument; and
- (4) The conveyance of one or more adjoining lots, tracts or parcels of land, owned by the same person or persons and all of which are found and certified by the Adiministrative Officer to conform to the requirements of the municipal development regulations and are shown and designated as separate lots, tracts or parcels on the Tax Map of the municipality.
- B. The term "subdivision" shall also include the term "resubdivision."
- SUBDIVISION, MAJOR
- Any subdivision which is not a minor subdivision.
- SUBDIVISION, MINOR
- Any subdivision containing not more than three lots (two new lots and the remaining lot), each fronting on an existing street and not requiring any new street or the extension of Borough facilities. Any readjustment of lot lines resulting in no new lots shall be classified as a minor subdivision.
- A low-lying or depressed land area commonly wet or moist,
which can function as an intermittent drainageway.[Added 8-10-2009 by Ord. No. 2009-12]
- SWIMMING POOL
- Any body of water, whether located above the ground, below the ground, or both, having a depth of 1.5 feet, a water surface area of 100 square feet, or both, and designed and maintained for human swimming, and including all buildings, structures, equipment and appurtenances thereto. Any structure that contains water over 24 inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in Use Group R-3 and which is available only to the family and guests of the householder. This includes in-ground, above- and on-ground swimming pools, hot tubs and spas.
- A function involved in the examination of the qualities, performances or capabilities of a product, goods or material.
- Any ground- or roof-mounted pole, spire, structure or combination
thereof that is designed and constructed primarily for the purpose
of supporting one or more antennas for telephone, radio, and similar
communications purposes.[Added 8-10-2009 by Ord. No. 2009-12]
- TURNING RADII
- The radius needed to accommodate the turning radius of the
largest response vehicle into an emergency location.[Added 8-10-2009 by Ord. No. 2009-12]
- UNDERTAKING ESTABLISHMENT
- The premises used by a licensed mortician concerned with the arrangement of cremation or burial of the dead and the overseeing of burials.
- 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.
- USED CAR LOT
- An area used for the storage and display of used automobiles advertised for sale, including motorcycles, trucks and any other motorized vehicle.
- USE, PRIMARY
- The main purpose or purposes for which land, a structure, building and/or sign, or use therefor, is designated, arranged or intended or for which they may be occupied or maintained under this code. All other structures, buildings, signs or uses on the same lot and incidental or supplementary thereto and permitted under this code shall be considered accessory use.
- UTILITY SHED
- A separate structure, not for living purposes, used for the storage of materials and equipment.
- A departure from the requirements of this code authorized by the appropriate municipal agency pursuant to the Municipal Land Use Law.
- An open space which lies between a building and the lot line.
- YARD, FRONT
- A yard measured from and at right angles from the front lot line to the nearest building.
- YARD, REAR
- A yard from and at right angles from the rear lot line to the primary building.
- YARD, SIDE
- A yard measured from the side lot line to a building or structure.
Editor's Note: The former definition of "automotive service facility," which immediately followed this definition, was repealed 8-10-2009 by Ord. No. 2009-12. See now the definition of "automobile service station."
Editor's Note: The former definition of "billboard," which immediately followed this definition, was repealed 3-12-2012 by Ord. No. 2012-6, except that such ordinance also provided that said definition shall continue to apply for any signs on, or that will be on, lots abutting Rt. 73.
Editor's Note: The former definition of "dwelling, two-family duplex or twin," which immediately followed this definition, was repealed 8-10-2009 by Ord. No. 2009-12. See now the definition of "dwelling, duplex."
Editor's Note: The former definition of "marquee," which immediately followed this definition, was repealed 3-12-2012 by Ord. No. 2012-6, except that such ordinance also provided that said definition shall continue to apply for any signs on, or that will be on, lots abutting Rt. 73.
Editor's Note: The former definitions of "sign," amended 8-10-2009 by Ord. No. 2009-12, and "sign height," which immediately and respectively followed this definition, were repealed 3-12-2012 by Ord. No. 2012-6, except that such ordinance also provided that such definitions shall continue to apply for any signs on, or that will be on, lots abutting Rt. 73.