Certain words, phrases and terms in this chapter
are defined for the purpose thereof as follows:
A subordinate use or building, the purpose of which is customarily
incidental to that of the main use or building and on the same lot.
A retail establishment which sells or distributes books,
printed materials, movies, filmstrips, paraphernalia and related items
which, by applying contemporary standards, have as a dominant theme
or purpose an appeal to prurient interests.
As applied to a building or structure, a change or rearrangement
in the structural parts or in the existing facilities, or an enlargement,
whether by extension of a side or by an increase in height or by moves
from one location or position to another.
An organization issued a permit pursuant to the Jake Honig
Compassionate Use Medical Cannabis Act, P.L. 2009, c. 307 (N.J.S.A.
24:6I-1 et seq.) to operate as a medical cannabis cultivator, medical
cannabis manufacturer, medical cannabis dispensary, or clinical registrant,
as well as any alternative treatment center deemed pursuant to Section
7 of that Act (N.J.S.A. 24-6I-7) to concurrently hold a medical cannabis
cultivator permit, medical cannabis manufacturer permit, and a medical
cannabis dispensary permit.
[Added 5-11-2022 by Ord. No. 08-22; amended 10-11-2022 by Ord. No.
15-22]
Any building or portion thereof designed or used for the
care, observation or treatment of domestic animals.
A developer submitting an application for development.
A person who regularly receives room, meals or room and meals
and may also utilize common dining areas, kitchen and/or bathroom
facilities at the dwelling of another for a fee.
[Added 12-10-1996 by Ord. No. 12-96]
That zone as prescribed by the Planning Board of the Borough
of Oaklyn which shall separate a residential zone or a residential
use from a street or a commercial or industrial use or zone by the
planting of trees or shrubbery to such a height and density so as
to restrict a clear view beyond said use or zone.
[Amended 8-13-1991 by Ord. No. 7-91]
A structure designed, built or occupied as a sheltered or
roofed enclosure for persons, animals or property, including tents,
lunch wagons, dining cars, camp cars, trailers and other roofed structures.
Any structure used for the storage of property on a lot used for residential
purpose and which is less 100 square feet in size and is located behind
the rear building line shall not be required to conform to the rear
yard setback requirements as established by this chapter so long as
there is a minimum five-foot setback from all property lines.
[Amended 8-13-1991 by Ord. No. 7-91]
The vertical dimension measured from the average elevation
of the finished lot grade at the front of the building to the average
height of the highest roof surface, roof ridge line, or parapet height,
whichever is higher.
[Amended 2-8-2005 by Ord. No. 23-04]
The Building Inspector of the Borough of Oaklyn.
A line formed by the intersection of a horizontal plane at
average grade level and a vertical plane that coincides with the exterior
surface of the building on any side. In case of a cantilevered section
of a building, the vertical plane will coincide with the most projected
surface. All yard requirements are measured to the building line.
Any licensed person or entity that purchases or otherwise
obtains usable cannabis from cannabis cultivators and cannabis items
from cannabis manufacturers or cannabis wholesalers, and sells these
to consumers from a retail store, and may use a cannabis delivery
service or a certified cannabis handler for the off-premises delivery
of cannabis items and related supplies to consumers. A cannabis retailer
shall also accept consumers purchases to be fulfilled from its retail
store that are presented by a cannabis delivery service which will
be delivered by the cannabis delivery service to that consumer. This
person or entity shall hold a Class 5 cannabis retailer license.
[Added 5-11-2022 by Ord. No. 08-22; amended 10-11-2022 by Ord. No.
15-22]
Any establishment or premises whereupon or wherein six or
more cats are kept, maintained or harbored or whereupon or wherein
the business of boarding, selling or breeding cats is carried on,
except a pet shop.
[Added 12-27-2006 by Ord. No. 19-06]
An open space area within or related to a site designated
as a development and designed and intended for the use or enjoyment
of residents and owners of the development. Common open space may
contain such complementary structures and improvements as are necessary
and appropriate for the use or enjoyment of residents and owners of
the development.
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 Zoning Ordinance and upon the issuance of an authorization
therefor by the Planning Board.
Calendar days.
An outside accessory structure constructed above ground level,
without a roof.
[Added 11-10-2015 by Ord.
No. 14-15]
The legal or beneficial owner or owners of a lot or of any
land proposed to be included in a proposed development, including
the holder of an option or contract to purchase, or other person having
an enforceable proprietary interest in such land.
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 or of
any mining, excavation or landfill and any use or change in the use
of any building or other structure or land or extension of the use
of land.
A saucer or circular-shaped object functioning as an antenna
for the reception of television programming. Such objects are also
known as "home video earth stations," "satellite dishes" or "satellite
earth stations," among other names.
[Added 9-10-1985 by Ord. No. 5-85]
The removal of surface water or groundwater from land by
drains, grading or other means and includes control of runoff to minimize
erosion and sedimentation during and after construction or development,
and means necessary for water supply preservation or prevention or
alleviation of flooding.
An establishment for the retail sale of prepared foods, where
customers consume the products sold outside the structure in which
they are prepared or sold.
A building designed or used as the living quarters for one-family.
[Amended 12-10-1996 by Ord. No. 12-96]
A building occupied as a home or residence of two families
under one roof, each family occupying a single dwelling unit, one
of which shall be partly above the other.
A detached house designed for and occupied exclusively as
the residence of a single family living as an independent housekeeping
unit.
A dwelling or group of dwellings on one plot containing separate
living units for two or more families but which may have joint services
or facilities for both.
One or more rooms providing complete living facilities for
one family, including equipment for cooking or provisions for the
same and including room or rooms for living, sleeping and eating.
A municipal advisory body created pursuant to P.L. 1968,
c. 245 (N.J.S.A. 40:56A-1 et seq.).
Any lands consisting of wetlands, floodplains or lands having
slopes steeper than 15%.
[Added 8-13-1991 by Ord. No. 7-91]
A single individual doing his own cooking and living upon
a premises as a separate housekeeping unit or a collective body of
persons doing its own cooking and living together upon a premises
as a separate housekeeping unit in a domestic relationship based upon
birth, marriage or other domestic bond as distinguished from a group
occupying a boardinghouse, lodging house, club, fraternity or hotel.
An artificially constructed barrier of wood, masonry, stone,
wire, metal or any other manufactured material or combination of materials,
including as an integral part such decorative plantings, wall or fence
decor or other artistic embellishment as may be approved by the Planning
Board.
The areas of delineated streams determined by the New Jersey
Department of Environmental Protection to be flood hazard areas and
areas inundated by the one-hundred-year flood in nondelineated areas.
[Added 8-13-1991 by Ord. No. 7-91]
A building of no more than three stories containing at least
three dwelling units in which one dwelling unit may be located over
another unit. Access to such units may be via a common entrance, and
utilities may be shared.
The Mayor and members of the Borough Council of the Borough
of Oaklyn.
A multifamily dwelling having not less than six stories above
the average elevation of the finished lot grade at the front of the
building.
Any accessory use of a service character conducted entirely
within a dwelling, provided that the floor area devoted to the occupation
does not exceed 150 square feet, the accessory use is of a professional,
non-trade character, does not require any vehicles, materials or equipment
outside, no employees visit or are employed at the site, no article
is sold or offered for sale except as may be produced by members of
the immediate family residing on the premises, and which use is clearly
incidental to the use of the dwelling for dwelling purposes and does
not change the character thereof, and which shall in no way affect
the safe, comfortable enjoyment rights of the zone in which it is
located.
[Amended 12-10-1996 by Ord. No. 12-96]
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a general
kitchen and dining room are provided within the building or in an
accessory building.
Any worn-out, cast-off or discarded article or material which
is ready for destruction or has been collected or stored for salvage
or conversion to some use. Any article or material which, unaltered
or unchanged and without further reconditioning, can be used for its
original purpose as readily as when new shall not be considered "junk."
Any place of business conducted or maintained for the purpose
of buying, selling and storing, or any of them, old junk, ropes, iron,
brass, copper, tin, lead, rubber in various forms, old papers, bottles
or any other material or materials, old unregistered automobiles or
trucks or other motor or mobile vehicles and other abandoned and unusable
vehicles and such other miscellaneous assortment of articles and materials
which are commonly classified and designated as "junk."
Any place where any of the articles or items or a combination
thereof referred to under the definition of "junk shop" are stored,
kept or maintained, whether for sale or not, and shall be in a lot,
place, building, structure or yard, whether improved or unimproved,
where such articles or any of them are permitted to accumulate.
Any establishment or premises whereupon or wherein six or
more dogs are kept, maintained or harbored or whereupon or wherein
the business of boarding, selling or breeding dogs is carried on,
except a pet shop.
[Added 12-27-2006 by Ord. No. 19-06]
Includes improvements and fixtures on, above or below the
surface.
An off-street space or berth on the same lot with a building,
or contiguous to a group of buildings, for the temporary parking of
a commercial vehicle while loading or unloading merchandise or materials
and which abuts upon a street, alley or other appropriate means of
access.
A designated parcel, tract or area of land established by
a plat or otherwise as permitted by law and to be used, developed
or built upon as a unit.
An area of land which is determined by the limits of the
lot line bounding the area and is always expressed in terms of square
feet.
A parcel of land at the junction of and abutting on two or
more intersecting streets when the interior angle of intersection
does not exceed 150º.
The area of a lot covered by buildings, structures, paved
surfaces and compacted stone. Paved surfaces include, but are not
limited to, sidewalks, patios and decks, whether constructed of blacktop,
compacted stone, flagstone, brick, concrete, wood or similar material,
but excluding the water surface of any swimming pool. For purposes
of this chapter. the water surface area of any swimming pool shall
not be counted as lot coverage.
[Added 2-8-2005 by Ord. No. 23-04]
A mean horizontal distance between the front and rear lot
lines, measured in the general direction of its side lot lines.
The mean horizontal distance between the side lot lines measured
at right angles to its depth. In no case shall the "lot width" be
less than the frontage as required by this chapter. Frontage shall
be measured at the most forward allowable building line or setback
line. The width at the front property line shall be at least 2/3
of the required width of the setback line.
A lot the area, dimension or location of which was lawful
prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
A structure the size, dimension or location of which was
lawful prior to the adoption, revision or amendment of a zoning ordinance
but which fails to conform to the requirements of the zoning district
in which it is located by reason of such adoption, revision or amendment.
Located outside the lot lines of the lot in question but
within the property (of which the lot is a part) which is the subject
of a development application, or a contiguous portion of a street
or right-of-way.
Not located on the property which is the subject of a development
application nor on a contiguous portion of a street or right-of-way.
Any parcel or area of land or water essentially unimproved
and set aside, dedicated, designated or reserved for public or private
use or enjoyment or for the use and enjoyment of owners and occupants
of land adjoining or neighboring such "open space," provided that
such areas may be improved with only those buildings, structures,
streets and off-street parking and other improvements which are designed
to be incidental to the natural openness of the land. When computing
the area of open space, the area contained by wetlands, floodplains
and detention basins cannot be included.
[Amended 8-13-1991 by Ord. No. 7-91]
Any commercial establishment where food and other refreshments
are serviced upon the right-of-way, namely the sidewalks immediately
in front of any restaurant/café.
[Added 8-9-2022 by Ord. No. 12-22]
Any space utilized for the parking of motor vehicles, including
both the parking spaces and the driveways, aisles, turnarounds, loading
areas and open space used to provide access to parking spaces or to
control traffic within a parking lot, except the access drive connecting
a parking lot and a public right-of-way and within which no parking
maneuver could occur.
An off-street space available for the parking of a motor
vehicle and which in this chapter is held to be 10 feet wide and 20
feet long, exclusive of passageways and driveways appurtenant thereto
and giving access thereto.
One freestanding dwelling unit on a separate lot with open
space on three sides (zero lot line).
Any room or group of rooms, cage or exhibition pen, not part of a kennel, wherein animals, as defined in § 55-1 of this Code, for sale are kept or displayed.
[Added 12-27-2006 by Ord. No. 19-06]
The Planning Board of the Borough of Oaklyn.
Any establishment for the confinement of animals, as defined in § 55-1 of this Code, seized either under the provisions of this chapter or otherwise.
[Added 12-27-2006 by Ord. No. 19-06]
A building or buildings in which is conducted the main or
principal use of the lot on which said building is situated.
The office of a member of a recognized profession as hereinafter
indicated and shall include the office of medical doctors, certified
public accountants, financial advisors, veterinarians, optometrists,
ophthalmic dispensers, chiropractic professionals, real estate agents
and appraisers, ministers, architects, professional engineers, planners,
lawyers and such similar professional occupations as may be so designated
by the Planning Board upon a virtue of the need for similar training
and experience as a condition for the practice of such occupation
and shall in no way adversely affect the safe and comfortable enjoyment
of property rights in any zone in which it is located to a greater
extent than for the professional activities listed herein. The issuance
of a state or local license for a regulation of any gainful occupation
need not be deemed indicative of professional standing.
[Amended 4-11-1995 by Ord. No. 3-95; 12-27-2012 by Ord. No.
23-12]
The number of dwelling units per gross acre of residential
land area, including streets, easements and open space portions of
a development.
Any establishment where animals, as defined in § 55-1 of this Code, are received, housed and distributed.
[Added 12-27-2006 by Ord. No. 19-06]
A business district consisting of an integrated development
of such uses as retail stores and shops, personal service establishments,
professional and business offices, banks, post offices, restaurants
and theaters or auditoriums, housed in an enclosed building or buildings
with party walls of eight inches of concrete block between each business
use and utilizing such common facilities as customer parking areas,
pedestrian walks, truck loading and unloading space and utility and
sanitary facilities.
That area of the public right-of-way reserved for pedestrian
traffic from the curb to the front line of the building housing the
eating establishment/business.
[Added 8-9-2022 by Ord. No. 12-22]
One freestanding dwelling unit on a separate lot with open
space (setbacks) on all sides.
Standards adopted by ordinance pursuant to Section 52d[1] regulating noise levels, glare, earthborne or sonic vibrations,
heat, electronic or atomic radiation, noxious odors, toxic matters,
explosive and flammable matters, smoke and airborne particles, waste
discharge, screening of unsightly objects or conditions and such other
similar matters as may be reasonably required by the municipality
or standards required by applicable federal or state laws or municipal
ordinance.
That part of a building between the surface of any floor
and the next floor above it or, in its absence, then the finished
ceiling or roof above it. A split-level story shall be considered
a second story if its floor level is six feet or more above the level
of the line of the finished floor next below it except a basement.
Any floor under a sloping roof at the top of a building which is more
than two feet below the top plate shall be counted as a half story,
provided that not more than 60% of the floor area is used for rooms,
baths or toilets; otherwise, it shall be counted as the fraction of
a story which its floor area, its rooms, baths or toilets bear to
the entire floor area.
Any street, avenue, boulevard, road, parkway, viaduct, drive
or other way which is an existing state, county or municipal roadway,
or which is shown upon a plat heretofore approved pursuant to law,
or which is approved by official action as provided by this act, or
which is shown on a plat duly filed and recorded in the office of
the county recording officer prior to the appointment of a Planning
Board and the grant to such Board of the power to review plats, and
includes the land between the street lines, whether improved or unimproved,
and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking
areas and other areas within the street lines.
A combination of materials to form a construction for occupancy,
use or ornamentation whether installed on, above or below the surface
of a parcel of land.
Any structure that contains water over 48 inches in depth
and which is used, or intended to be used, for swimming or recreational
bathing in connection with an occupancy and which is available only
to the family and guests of the householder. This includes in-ground,
aboveground and on-ground swimming pools, hot tubs and spas.
[Added 5-9-2000 by Ord. No. 7-00]
One dwelling unit in a line of at least three dwelling units,
in which each unit has its own front and rear access, no unit is located
over another unit, each unit is separated from others by a fire wall
and each unit has its own independent utilities.
Any place, area, lot or tract of land which is so designed
or intended for placing or locating thereon a trailer, trailer coach
or other camp car, one or more, as above defined, other than a garage
or similarly enclosed type of building in which such vehicles may
be placed.
Any unit which is or may be used for living, sleeping or
business purposes by one or more persons and that is equipped with
wheels or similar devices used for the purpose of transporting said
unit from place to place, whether it is self-propelled or otherwise.
Whenever the word "trailer" is used herein, it shall mean and include
"trailer coach" and "camp car"; except, however, that a trailer used
as a temporary office for administrative purposes in connection with
the doing of construction work in the Borough of Oaklyn and which
has no sanitary facilities attendant thereto is not within the meaning
of this definition.
Shall have space above the first floor designed for and completed
clearance of not less than seven feet as living quarters with a height
of seven feet over an area equal to 100% of the first floor area,
excluding the garage.
The specific purpose for which land or a building is designed,
arranged or intended or for which it is or may be occupied or maintained.
An area that is inundated or saturated by surface water or
groundwater at a frequency and duration to support, and that under
normal circumstances does support, a prevalence of vegetation typically
adapted for life in saturated soil conditions, commonly known as "hydrophytic
vegetation," provided that, in designating a wetland, the three-parameter
approach (i.e., hydrology, soils and vegetation) enumerated in the
Wetlands Identification and Delineation Manual developed by the United
States Environmental Protection Agency and any subsequent amendments
thereto shall be used. The determination and delineation of a wetland
shall be performed by the appropriate qualified persons and verified
by the New Jersey Department of Environmental Protection.
[Added 8-13-1991 by Ord. No. 7-91]
An open space, other than a court, on a lot, unoccupied and
unobstructed from the ground upward, except as otherwise provided
in this chapter.
An open unoccupied space on the same lot with a main building,
extending the full width of the lot and situated between the street
line and front line of the building projected to the side lines of
the lot.
An open unoccupied space on the same lot with a building,
between the rear lines of the building and the rear lines of the lot,
extending the full width of the lot.
An open unoccupied space on the same lot with a building,
situated between the building and the side line of the lot, extending
from the front yard to the rear yard. Any lot line not a rear line
or front line shall be deemed a lot line.
[1]
Editor's Note: See N.J.S.A. 40:55D-65d.
Words used in the present tense include the
future. The singular number includes the plural and the plural, the
singular; the word "lot" includes the word "plot"; the word "building"
includes the word "structure"; the word "zone" includes the word "district";
the word "occupied" includes the word "designed" and the phrase "intended
to be occupied"; the word "used" includes the words "arranged" and
"designed" and the phrase "intended to be used." The word "shall"
is always mandatory.
